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HomeMy WebLinkAboutAgenda Packet City Council - 02/13/2007CITY COUNCIL AGENDA FEBRUARY 13, 2007 Corpus Christi 12262:1 11 45 A.M. - Proclamation declaring February 11, 2007 as "2-1-1 Day" Proclamation declaring February 20, 2007 as "IHOP's National Pancake Day Celebration" Proclamation declaring the week of February 11 -18, 2007 as "National LULAC Week" Proclamation declaring the week of February 18 -24, 2007 as "National Engineers Week" rocIamation declaring the month of February as "The 110`h Anniversary of the Founding of the National PTA" !proclamation declaring the month of February as "National African American History Month" Commendation: "FM89 5 KLUX ". 2006 Outstanding Media Award Junior League of Corpus Christi Skate Park Grand Opening on February 17, 2007 AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 FEBRUARY 13, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIIITED 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 it to the City Secretary Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Tracy Watson, Padre Island Baptist Church. 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 Tem Rex Kinnison Council Members: Brent Chesney City Manager George K. Noe Melody Cooper City Attorney Mary Kay Fischer Jerry Garcia City Secretary Armando Chapa Bill Kelly John Marez Jesse Noyola Mark Scott Agenda Regular Council Meeting February 13, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: Approval of Regular Meeting of January 30, 2007. (Attachment #1 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. x Corpus Christi Convention and Visitors Bureau Mechanical /Plumbing Advisory Board 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. Al! 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 CONSENT MO'iONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM P*EVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting February 13, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion approving the purchase of one (1) vactor truck from Southwest International Trucks, of Arlington, Texas based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative for a total amount of $264,509. The equipment will be used by the Wastewater Department. This unit is a replacement. Funding is available from the FY2006 -2007 Capital Outlay budget in the Maintenance Services Fund. (Attachment # 3) Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG- 07-01 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six -month expenditure of $134,892.93. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2006 -2007 (Attachment # 4) LaBatt Food Service Corpus Christi, TX 90 Items $51 836.93 PFG Victoria, TX 59 Items $42,216 74 Grand Total: $134,892.93 Ben E. Keith San Antonio, TX 51 Items $40,839.26 Motion approving the lease purchase of the following equipment from the following companies in accordance with Bid Invitation No. BI- 0120 -07, based on only bid and most advantageous bid, for a total expenditure of $111,795. The equipment will be installed at the Power Street Storm Water Pump Station. Financing will be provided through the City's lease /purchase financing program. (Attachment # 5) Holt Power Systems Corpus Christi, TX Diesel Engine $68,095 Amarillo Gear Company Amarillo, TX Right Angler Gear Assembly $43,700 Grand Total: $111,795 Agenda Regular Council Meeting February 13, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.a. Resolution authorizing the City Manager or his designee to accept a grant of $1,554 with the Texas State Library and Archives Commission for the purchase of "GoToMyPC" annual software license for the South Texas Library System located in the Corpus Christi Public Library (Attachment # 6) 6.b. Ordinance appropriating $1,554 from the Texas State Library and Archives Commission in the No. 1068 Federal /State Grants Fund for the purchase of "GoToMyPC" annual software license for the South Texas Library System located in the Corpus Christi Public Library. (Attachment # 6) Ordinance amending Ordinance No. 026671 which appropriated $146,524.60 to change the name of the Grant funding to read "Metropolitan Medical Response Contract" instead of "State Homeland Security Grants ". (Attachment # 7) Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Nueces County to participate in the Crisis Intervention Team (CIT), provide officers trained in crisis intervention to serve on the team, and provide a grant match of $50,000 to participate in the Crisis Intervention Team (CIT). (Attachment # 8) 9. Ordinance authorizing the City Manager or his designee to execute a five -year Lease and Use Agreement with Padre Soccer League ( "lessee ") for use of City property (Bill Witt Park Youth Soccer Complex) for lessee's youth soccer programs and in consideration of iessee maintaining the premises and improvements. (Attachment # 9) 10. Motion approving authorized list of financial underwriters. (Attachment # 10) 11.a. Ordinance by the City Council of the City of Corpus Christi, Texas, providing for the issuance of City of Corpus Christi, Texas, Combination Tax and Utility System Revenue Certificates of Obligation, Series 2007, in an aggregate principal amount not in excess of $11,000,000, and ordaining other matters relating to the subject. (Attachment # 11) Agenda Regular Council Meeting February 13. 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. b. Ordinance providing for the issuance of three million eight hundred thirty thousand dollars ($3,830,000) of the General Improvement Bonds. Series 2007, of the City of Corpus Christi, Texas, bearing interest at the rates hereinafter set forth, and providing for the levy, assessment and collection of a tax sufficient to pay the interest on said bonds and to create a sinking fund for the payment of the principal thereof; repealing all ordinances in conflict herewith; approving the execution of a loan agreement with the Texas Military Preparedness Commission; and providing that this ordinance shall be in force and effect from and after the date of its passage. (Attachment # 11) 12 Resolution in support of the efforts of the BiNational Texas - Tamaulipas Economic Alliance. (Attachment # 12) 13 Motion authorizing the City Manager or his designee to execute a construction contract with Reese Contracting, of Corpus Christi, Texas in the amount of $977.777 for the Southmoreland Addition Street Improvements Phase 3B & 4B, Part 1. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute a construction contract with RS Black Civil Contractors, Inc. /Machinery & Materials, Inc (a joint venture), of Corpus Christi, Texas in the amount of $722,340 for the O. N. Stevens Water Treatment Plant Walking Beam Flocculator Repairs for the Total Base Bid and Additive Alternate Nos 1 and 2. (Attachment # 14) 15. Ratification and motion authorizing the City Manager or his designee to execute Amendment No. 9 to the engineering services contract with HDR Engineering, Inc., of Austin, Texas, in the amount of $36,990 for a total restated fee of $1,610,740 for the Rincon Channel Pipeline Project. (Attachment # 15) 16. Resolution authorizing the City Manager or his designee to execute Amendment No. 2 to the Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $0 for changing the limits of the Bay Trail, Phase 3 Project. (Attachment # 16) Agenda Regular Council Meeting February 13, 2007 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17 Motion authorizing the City Manager to execute a Deferment Agreement with Shell Land Management Co., Inc., (Developer), in the amount of $238,541.81 for public improvements including construction of water, wastewater, paving, and drainage improvements for Saratoga Weber Plaza, Block 9, Lot 5, located south of Saratoga Boulevard and west of Weber Road, in accordance with the Platting Ordinance Section V- Required Improvements, Subsection A. 3. b), contingent upon receipt of letter of credit compliant with City requirements. (Attachment # 17 ) 18 Second Reading Ordinance - Amending Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees" allowing intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) Signage, providing for penalty; providing for publication; and providing for an effective date. (First Reading 01/30/07) (Attachment # 18) PUBLIC HEARINGS: 19.a. Public hearing to consider abandoning and vacating a 6,001 - square foot portion of a 20 -foot wide by 300 -foot long, undeveloped public alley right -of -way, out of Block 19, Brooklyn Addition, between the Neal Street and Hayes Street public rights - of -way. (Attachment # 19) 19.b. Ordinance abandoning and vacating a 6,001- square foot portion of a 20 -foot wide by 300 -foot long, undeveloped public alley right - of -way, out of Block 19, Brooklyn Addition, between the Neal Street and Hayes Street public rights -of -way; subject to owner's compliance with the specified conditions. (Attachment # 19) ZONING CASES: 20. Case No. 0107 -01, Edwin Williams: A change of zoning from a "B-1/SP" Neighborhood Business District with a Special Permit to a "B-4" General Business District on property being Coastal Bend Subdivision, Block 2, Lot 7. located north of Northwest Boulevard (FM 624) and 575 feet east of County Road 69. (Attachment # 20) Agenda Regular Council Meeting February 13, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission and Staffs Recommendation: Denial of the "B-4" General Business District and in lieu thereof, approval of a revised Special Permit subject to a site plan and two (2) conditions ORDINANCE Amending the Zoning Ordinance, upon application by Edwin Williams, by changing the zoning map in reference to Coastal Bend Subdivision, Block 2 Lot 7 (currently zoned "B -1 /SP" Neighborhood Business District with a Special Permit) by granting a Special Permit to allow for a 7,500- square foot auto parts and sales building with no service bays, which exceeds the matter of right allowable building square footage for such use, subject to a site plan and two (2) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 21 Case No. 1206 -04, The Preserve at Mustang Island, LLC: A change of zoning from an "AT" Apartment Tourist District to an "AT /PUD -2" Apartment Tourist District with a Planned Unit Development -2 Overlay on property being 88.45 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island. (Attachment # 21) Planning Commission and Staff's Recommendation: Approval of the Planned Unit Development -2 Overlay (PUD -2) subject to the approval of the plat and the revised " The Preserve at Mustang Island" PUD Development Plan. ORDINANCE Amending the Zoning Ordinance, upon application by The Preserve at Mustang Island, LLC, by changing the zoning map in reference to 88.45 acres out of the Bryan William Survey No. 606, LS 64, from ''AT" Apartment Tourist District to a "AT /PUD -2" Apartment Tourist District with a Planned Unit Development -2 Overlay; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting February 13, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 22. Case No. 1206 -05, The Preserve at Mustang Island, LLC: A change of zoning from an "AT" Apartment Tourist District to a "B- 2A" Barrier Island Business District on property being 6.39 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island. (Attachment # 22) Planning Commission and Staffs Recommendation: Approval of the "B -2A" Barrier Island Business District. ORDINANCE Amending the Zoning Ordinance, upon application by The Preserve at Mustang Island, LLC, by changing the zoning map in reference to 6.39 acres out of the Bryan William Survey No. 606, LS 64, from "AT" Apartment Tourist District to a "B -2A" Barrier Island Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause providing a penalty; providing for publication. J. PRESE4ITATIONS: Public comment will not be solicited on Presentation items. 23. Donation of a "Town Clock" in Heritage Park, presented by Art Zeitler of the Rotary Club (Attachment # 23) 24. Update of Regional Health Awareness Board (Attachment # 24) 25. Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Report (Attachment # 25) 26, State Highway (SH) 361 Feasibility Study presented by the Texas Department of Transportation (TxDOT) (Attachment # 26) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 27. Resolution increasing contributions to the Corpus Christi Fire Fighters Retirement System (CCFFRS) by Corpus Christi Fire Fighters and the City of Corpus Christi. (Attachment # 27) Agenda Regular Council Meeting February 13. 2007 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. PI.IBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SIEDULED 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 AT 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.) Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete ingles- espanol 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 PERSOWAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 28. Executive session under Texas Government Code Section 551.072 regarding real estate transaction issues relating to the lease of the Memorial Coliseum site with possible discussion and action related thereto in open session. Agenda Regular Council Meeting February 13. 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 29. LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 80th Texas Legislature 30. CITY MANAGER'S REPORT Upcoming Items 31. MAYOR'S UPDATE 32. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3 t✓ p.m., February 9, 2007. Armando Chapa 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. 1 PRESENT Mayor Henry Garrett Mayor Pro Tem Rex Kinnison Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 30, 2007 - 10:00 a.m. 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 Jacoby St. Pierre with Faith Temple and the Pledge of Allegiance to the United States flag was led by Council Member Jesse Noyola. Mayor Garrett called for approval of the minutes of the regular Council meeting of January 23, 2007. A motion was made and passed to approve the minutes as presented. Chapa public. Mayor Garrett called for consideration of the consent agenda (Items 2 - 11). City Secretary announced that Item 12 was being withdrawn by staff. There were no comments from the City Secretary Chapa polled the Council for their votes as follows: 2 MOTION NO. 2007 -027 Motion approving a supply agreement with Univar USA, of Corpus Christi, Texas for potassium permanganate in accordance with Bid Invitation No. BI- 0070 -07, based on only bid for an estimated annual expenditure of $490,758.80. The term of the contract will be for twelve months with an option to extend for up to four additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2006 -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. 2007 -028 Motion approving supply agreements with the following companies for the following amounts for emulsified polymerized asphalt in accordance with Bid Invitation Nos. BI- 0003 -07 and BI- 0059-07 based on only bid and low bids, respectfully, for an estimated semi - annual expenditure of $402,065. The terms of the agreements shall be for six months with options to extend for up to five additional six -month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Street Department in FY 2006 - 2007. Minutes — Regular Council Meeting January 30, 2007 -- Page 2 Sem Materials Corpus Christi, TX Primary Contractor $210,000 Cleveland Asphalt Products, Inc. Shepherd, TX Secondary Contractor $83,100 Grand Total: $402,065 Ergon Asphalt & Emulsion, Inc. Austin, TX Secondary Contractor $108,965 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye ". 4 MOTION NO. 2007 -029 Motion approving the purchase of eighty -four (84) traffic signal cameras from Texas Highway Products LTD, of Round Rock, Texas in accordance with the State of Texas Cooperative Purchasing Program in the amount of $73,500. The traffic signal cameras will be installed in existing traffic control monitoring systems. Funds have been budgeted by the Street Department in FY 2006 -2007 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. 2007 -030 Motion approving a supply agreement with Hill Country Dairies, of Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -07 -2 for 152,000 half -pint containers of low fat milk, based on low bid for an estimated twelve month expenditure of $28,880 The term of the contract shall be for twelve months with an option to extend for up to three additional months subject to the approval of the Coastal Bend Council of Governments, the supplier, and the City Manager or his designee. Funds nave been budgeted by Senior Community Services in FY 2006 -2007. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, :.Doper. Garcia. Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye ". RESOLUTION NO. 027130 Resolution authorizing the submission of a grant application in the amount of $50,000 to the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and provide for an educational program with a City cash match of $23,523 and in -kind contribution of $746, for a total project cost of $74,269, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, .hesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". RESOLUTION NO. 027131 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community Outdoor Outreach Program (CO -OP), an outdoor recreation program for youth participating n the City's summer program Minutes - Regular Council Meeting January 30, 2007 - Page 3 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Chesney, Garcia, Kelly, Kinnison Marez, Noyola, and Scott, voting "Aye ". 8 ORDINANCE NO. 027132 Ordinance appropriating $8,000 into the Library Capital Improvement Program Fund No. 3210 for improvements to the Parkdale Branch Library from the William T. Neyland Estate; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $8,000. 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" MOTION NO. 2007 -031 Motion authorizing the City Manager or his designee to execute a construction contract with Fox Tree and Landscape Nursery, of Corpus Christi, Texas in the amount of $264,102.50 for the Oso Water Reclamation Plant Landscape Improvements for the Base Bid and Additive Alternate AA. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 10.a. MOTION NO. 2007 -032 Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Nasser Farahnakian, owner and developer of Lot 1, Block 1, Sunrise Business Park located south of SH 44 access road and west of Clarkwood Road for the installation of 544 - linear feet of 10 -inch over - sized, over -depth PVC sanitary sewer collection line. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 10 b. ORDINANCE NO. 027133 Ordinance appropriating $29,314.80 from the Sanitary Sewer Collection Line Trust Fund No. 540450 -21801 -4220 to pay Nasser Farahnakian, for the installation of 544 - linear feet of 10- inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Lot 1, Block 1, Sunrise Business Park. 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 ". 1 ' a. MOTION NO. 2007 -033 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Nasser Farahnakian, owner and developer of Sunrise Business Minutes — Regular Council Meeting January 30, 2007 - Page 4 Park, Lot 1 Block 1 located south of SH 44 access road and west of Clarkwood Road for the installation of 466 - linear feet of 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 1.b. ORDINANCE NO. 027134 Ordinance appropriating $47,860.95 from the Arterial Transmission and Grid Main Trust Fund No. 540450- 21805 -4030 to pay the Nasser Farahnakian reimbursement request for the installation of 466 - linear feet of 12 -irch PVC grid main to develop Sunrise Business Park, Lot 1. Block 1. 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" WITHDRAWN Roading 01 23 07) *t * * * *, * * * * ** Mayor Garrett referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning ordinance amendment: 3.a. Public hearing to consider amending the Zoning Ordinance Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees" allowing intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) Signage. Interim Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation explaining the digital technology of Light Emitting Diode (LED) and Liquid Crystal Display (LCD); samples of the signage; and the proposed text amendment to allow intermittent lighting. Jack Gordy, 4118 Bray Drive, spoke regarding on- premise signage and the monitoring of state law regulations. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Noyola, and passed. Mr. Chapa polled the Council for their votes as follows: 3.b. FIRST READING ORDINANCE Amending Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees" allowing intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) Signage; providing for penalty; providing for publication; and providing for an effective date. Tne foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Minutes — Regular Council Meeting January 30, 2007 _ Page 5 Mayor Garrett opened discussion on Item 14 regarding the collective bargaining agreement with the Corpus Christi Police Officers Association. City Manager Noe said that this item authorized the execution of the collective bargaining agreement with the Corpus Christi Police Officers Association and provided a summary of the contract. In response to Mr. Marez, Domingo Ybarra, President of the Corpus Christi Police Officers Association, answered that the vote from the association was 211 to 28 and the contract would impact future recruitment efforts. Council members expressed their appreciation to staff and Mr. Ybarra for resolving the police contract. City Secretary Chapa polled the Council for their votes as follows: 14 MOTION NO. 2007 -034 Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits, and working conditions. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye". Mayor Garrett opened discussion on Item 15 regarding the third location for a Weed and Seed Site in the Flour Bluff area. Director of Parks and Recreation Sally Gavlik presented this item. There was no public comment. City Secretary Chapa polled the Council for their votes as follows: RESOLUTION NO. 027135 Resolution authorizing the City Manager or his designee to submit a grant application to serve as the Fiscal Agent for the Department of Justice, Community Capacity Development Office, Weed and Seed FY 2007 -2008 Weed and Seed South East Site (Flour Bluff) Program, with DOJ funding in the amount of $175,000. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye "; Scott was absent. Mayor Garrett opened discussion on Item 16 regarding the Automated Red Light Enforcement Program. Assistant City Manager Oscar Martinez, provided an overview of the item. Michael Barrera, Procurement and General Services Manager provided a review of the Request for Proposals process including the committee membership; the evaluation criteria; the evaluation matrix; a contract summary; and a recommendation to award the contract to Redflex Traffic System, Inc Council members asked questions regarding the subjectivity of the rating system; purchase options, revenue earning potential the review process in comparison with other cities; collection of fines; termination for clause language, maintenance of the equipment; mobile cameras; and issues involving the Texas Department of Transportation. City Secretary Chapa polled the Council for their votes as follows 16.a. ORDINANCE NO. 027136 Amending the Code of Ordinances, Chapter 53, Traffic, by establishing an Automated Red Light Enforcement Program; providing for publication; and providing for penalties. 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" Minutes - Regular Council Meeting January 30, 2007 Page 6 16,b. ORDINANCE NO. 027137 Ordinance appropriating $68,180 from anticipated revenues generated from the Photo Red light Enforcement for professional services provided by Redflex Traffic Systems, Inc.; amending the FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 by /ncreasing estimated revenues and appropriations by $68,180 each. 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' 16.c. MOTION NO. 2007 -035 Motion authorizing the City Manager or his designee to execute a contract with Redflex Traffic System, Inc., of Scottsdale, Arizona for a Photo Redlight Enforcement Program in accordance with Request for Proposal No. BI- 0013 -07 based on best value for an estimated first year expenditure of $584,400 of which $68,180 is budgeted in FY 2006 -2007. The term of the contract will be for five years with an option to extend the contract for up to two additional twelve -month periods The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Mayor Garrett referred to Item 17, an Update on Development Services Process Improvement by Horizon Centre George Arimes, Horizon Centre, referred to a powerpoint presentation including the performance improvement process and customer expectations; accomplishments and implementation process; and ongoing work programs. Lon Hipp, Chairperson of the Development Services Advisory Group (DSAG), stated that DSAG is involved in reviewing the following: customer service goals, the Unified Development Code, the Storm Water Master Plan, Utility Financing Study and the Wastewater /Storm Water Infrastructure for new development. He said the important issues included hiring for temporary positions, time participation and customer involvement to speed up the process. Council Members expressed concern regarding hiring of positions; customer "one chair" system; project accountability and continued involvement of DSAG. * * * * * * * * * * Mayor Garrett called for petitions from the audience. There was no public comment * * * Mayor Garrett announced the executive session, which was listed on the agenda as follows: 22 Executive session under Texas Government Code Section 551.071 regarding Robert Partney v. City of Corpus Christi; Cause No. 05- 546 -F, in the 214th Judicial District Court, with possible discussion and action related thereto in open session. Minutes — Regular Council Meeting January 30, 2007 - Page' The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 22 MOTION NO. 2007 -036 Motion authorizing the City Manager to employ Sandra Sterba - Boatwright of Donnell, Abernethy & Kieschnick to provide legal representation to the City of Corpus Christi in Cause No 05- 546 -F: Robert Partney vs City of Corpus Christi; in the 214th Judicial District Court at an hourly rate of $200.00, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Kelly, Marez, Noyola, and Scott, voting "Aye "; Chesney, Garcia, and Kinnison were absent. k * * * * * * * * Mayor Garrett referred to Item 18, a presentation regarding the Dtown Wayfinding and Street Scapes and the Bayfront Master Plan. Raymond Gignac, Gignac & Associates Architects, and Alan Ward, Sasaki Architects, referred to a powerpoint presentation including the bayfront district hierarchy; DTown wayfinding elements and identification; Dtown streetscape guidelines and hierarchy for Chaparral, Schatzell - Peoples, Broadway, Kinney - Cooper's Alley; and the next steps for the Bayfront Development including the design phase stage 1 submittal, cost estimates of the base bid and alternates areas, and a schedule update Council members asked questions regarding maintenance for irrigation and landscaping; location of the development; timeline for completion; Chaparral Street as a two -way street; stakeholder support. inclusion of the barge dock; and future cafe pavilion. Mayor Garret referred to Item 19, a presentation regarding the 2006 Crime Statistics. Police Chief Bryan Smith referred to a powerpoint presentation of graphs detailing statistics of offenses committed in 2006 and comparison of previous years including criminal homicide; forcible rape; robbery, aggravated assault; crimes against persons and family violence; burglary; larceny -theft; and motor vehicle theft He provided information on the Pawn Shop Detail; Holiday Crime Prevention Initiative; Click it or Ticket campaign results; traffic accidents and fatalities; speed enforcement; graffiti cases; and future crime initiatives Council members asked questions regarding the connection of crime to dropout rates; percentage of gas drive -offs; homicide rate in comparison with other cities of similar size; and narcotics initiatives; target locations for prevention initiatives; and graffiti. Mayor Garrett referred to Item 20, a presentation on the Economic Development GIS Demonstration. Irma Caballero, Director of Economic Development stated that this interactive site for economic development known as the Corpus Christi Prospector supports investors and developers by providing features on information of properties, demographics, business data, and maps. Susan Cable, Director of E- Government, provided the council with a demonstration on the city's website. Mayor Garrett referred to Item 21, a presentation regarding the Bond Issue 2004 Update (Report # 4). Angel Escobar, Director of Engineering referred to a report provided to Council including the comprehensive project list; a project timeline (by Sequence number) for the Street Improvement projects and Public Health & Safety, Public Facility, Park & Recreation /Museum and Bayfront Development Plan Projects; and individual status reports for each project. Mr. Escobar reported on the awarding of twenty -one construction contracts; an update of completed projects; and upcoming phases for the orojects Minutes - Regular Council Meeting January 30, 2007 -- Page 8 Council members asked questions regarding the completion of the seawall; replacement of sidewalks for Cliff Maus Phase 2 (Sequence No. 15) and 3 (Sequence No. 16); construction conflicts associated with school activity; contractor flexibility; the timeframe for Cluster Seven: Nile Area (Sequence No. 101; Park Road 22 Bridge (Sequence No. 23); Laguna Shores Road (Sequence No. 21) and the outdoor firing range from the Bond 2000 project. Mayor Garrett called for the City Manager's report. City Manager Noe announced that the 2nd Annual "City Hall in the Mall" would be held Saturday, February 3rd from 10:00 a.m. to 6:00 p.m. and Sunday, February 4th from 12:00 p.m. to 6:00 p.m. at Padre Staples Mall. Mr. Noe announced that the available space in City Hall would display a series of art exhibitions for local artists beginning with Phyllis Finley's exhibition starting on February 9th on the second floor with a reception from 6:00 pm to 8:00 p.m Mayor Garrett called for Council concerns and reports. Council Member Scott expressed his concem regarding a sinkhole from a failing pipe at the intersection of Angel Avenue and Alameda Street and a small pothole on Alameda Street towards Louisiana Avenue. Mr. Scott asked staff about ordinances regarding pitbulis and dangerous animals. Mr. Noe responded that the City is prohibited by State law to target a specific breed and that staff would provide the current ordinance along with other cities' ordinances regarding this issue. Council Member Garcia asked questions regarding a timetable for patching of potholes that developed due to the recent rainfall. Council Member Noyola asked for an update on the impounding of uninsured vehicles There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 2:58 p.m. on January 30, 2007. * * * * * *. * ** * ** 2 CORPUS CHRISTI CONVENTION AND VISITORS BUREAU — One (1) vacancy to represent the category of Hotel Industry with a term to 8- 01 -08. DUTIES: To solicit various organizations and associations to conduct meetingslconventionsitradeshows within Corpus Christi year- round; to promote the City as a year -round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in I hich to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention - related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention - related businesses to assist City planning efforts. COMPOSITION: Eleven (11) members selected directly by the City Council. The members shall he representatives of the following groups: 2 - hotel industry; 2 — attraction industry; 2 — restaurant industry; and 5 - community at large. The Mayor and City Manager, or their designees, shall serve as ex- officio non - voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex- officio advisory non voting members. Appointments will be for staggered, two -year teiins. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. ORIGINAL MEMBERS TERM APPTD. DATE Foster Edwards (At Large), Chair 8 -01 -08 7 -18 -06 Robert Tamez (At Large) 8 -01 -08 7 -18 -06 John Trice i At Large) 8 -01 -07 7 -18 -06 Art Granado (At Large) 8 -01 -07 7 -18 -06 Butch Pool (At Large) 8 -01 -08 7 -18 -06 ** *Kevin Latone (Hotel industry) 8 -01 -08 7 -18 -06 Jodi Patel (Hotel Industry) 8 -01 -07 7 -18 -06 Bob Becquet (Restaurant Industry) 8 -01 -08 7 -18 -06 Damon Bentley (Restaurant Industry) 8 -01 -07 7 -18 -06 JJ Gottsch (Attraction Industry) 8 -01 -08 7 -18 -06 Tom Schmid (Attraction Industry) Ex- officio, non - voting Michael Perez (Port of CC representative) Ex- officio, non - voting Dave Hamrick (C.0 International Airport Ex- officio, non - voting Mayor Ex- officio, non - voting City Manager Ex- officio, non - voting ***Resigned (Note: The Corpus Christi Convention and Visitors Bureau is recommending the new appointment of Bill Morgan.) OTHER INDIVIDUALS EXPRESSING INTEREST 'ohn Garcia Bill Morgan Josh Morns Ed Persall James Robbins Bella Zavala Director of Sales, Bayfront Plaza Hotel and Conference Center. Attended Del Mar College. Activities include: Corpus Christi Chamber of Commerce and Hispanic Chamber Ambassador, Harbor Lights Committee Member, Coastal Bend Hospitality Sales and Marketing Association, and Hospitality Sales Person of the Year (Hotel Industry) (12 -4 -06) General Manager. Holiday Inn- Emerald Beach. B.A. from Bowling Green State University, Ohio. Member of Hotel Motel Condo Association and former Alliance board member. Adjunct faculty member, Del Mar College. Winner of Hotelier of the Year Award 1991. (Hotel Industry)(2- 16 -00) General Manager, Holiday Inn Airport. Received A.S. in Culinary Arts from Vincennes University and B.S. in Hospitality Management from Purdue University. Activities include: Hotel Motel Condo Association, MS Walk, Special Olympics, HSMA, HCSMA. United Way and Coastal Bend Aids Foundation. (Hotel Industry) (2- 23 -06) Director of Sales, Holiday Inn Emerald Beach. Attended Del Mar College tor Industry Training and continuing education. Activities include Salvation Army Advisory Board and HSMA. Received The -1SMA Member of the Year Sales and Marketing International Award and the WHI Gold Award. (Hotel Industry) (1- 30 -06) General Manager, Hilton Hotels (Embassy Suites). Received B.S. In I,ducation. Member of the Hotel Motel Condo Association. (Hotel Industry) (I - 16 -06) Corporate Sales Manager, Port Royal Ocean Resort and Conference Centel . Received an Associate's degree from Del Mar College Activities include: FOCCB, Forward Corpus Christi, HSMA, Hispanic Chamber of Commerce and the Chamber of Commerce_ (Hotel Industry) (6- 10 -05) b. MECHANICAL /PLUMBING ADVISORY BOARD - Six (6) vacancies with terms to 1- 02 -09 representing the following categories: 1 - Not connected with the building industry, 2 - Air Conditioning, 1 - Commercial Builder. 1 - Master Plumber, and 1 - Irrigator. DUTIES: To advise the City Council and City Manager regarding any matter in the plumbing and mechanical fields which it feels should be brought to their attention. To prescribe a procedure for hearing appeals from the decisions of the Building Official in regard to interpretation of the Plumbing Code and Mechanical Code. COMPOSITION: Eleven (11 ; persons appointed by the City Council: 3 - persons with at least five years active experience as a plumber licensed in the State of Texas, at least three years of which shall have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of whom shall hold Master Plumbers licenses; 1- person with at least 5 years of active experience as a mechanical engineer, who is registered as a professional engineer in the State of Texas; 1- person with at least 5 years experience in the home building industry; 1- person with at least 5 years experience in the commercial building industry; 3 - persons with at least 5 years actiN e experience in heating, ventilation, air conditioning and refrigeration contracting business and licensed in the State of Texas; 1 - person not connected with the building industry; and 1 - person who shall have at least 5 years of active experience in landscape irrigation and is licensed as an Irrigator by the State of Texas. Six members constitute a quorum, and the concurring vote of not less than 6 members of the Board is necessary to constitute an official action of the Board. ORIGINAL MEMBERS TERM APPTD. DATE Elvin P. O'Bryan (Master Plumber) 1 -02 -08 3 -21 -06 * *Vincent Doyle (Not conn. bldg. ind.) 1 -02 -07 3 -21 -06 *Bob Hughes (Air Conditioning), 1 -02 -07 9 -09 -03 Mody K. Boatright (Mechanical Eng.) 1 -02 -08 1 -08 -02 *Everest Huerta (Commercial Builder) 1 -02 -07 1 -18 -05 *James Michael Dildy (Master Plumber) 1 -02 -07 1 -18 -05 James Horman (Master Plumber) 1 -02 -08 1 -13 -04 Mike Wanzer (Air Conditioning) 1 -02 -08 1 -18 -05 *Scott Corliss (Air Conditioning) 1 -02 -07 1 -14 -03 John Tucker (Horne Builder) 1 -02 -08 1 -08 -02 *H. Ray Johnson, Jr. (Irrigator) 1 -02 -07 3 -19 -02 *Seeking reappointment * *Not seeking reappointment (Note: The Mechanical/Plumbing Advisory Board is recommending the reappointments of Bob Hughes (Air Conditioning), Everest Huerta (Commercial Builder), James Michael Dildy (Master Plumber), Scott Corliss (Air Conditioning) and H. Ray Johnson, Jr. (Irrigator) and the new appointment of Robert Ross Pate (Not Connected with the Building Industry.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Bob Hughes (Air Cond.) 5 4 80% Everest Huerta (Comm. Builder) 5 4 80% Tames Michael Dildy l Master Plumber) 5 2 (3exc) 40% Scott Corliss (Air Conditioning) 5 4 80% H. Ray Johnson, Jr. (Irrigator) 5 2 (3exc) 40% OTHER INDIVIDUALS EXPRESSING INTEREST Van Eaton Self- employed. South Texas Lawn Sprinkler. Licensed as an irrigator and has served Corpus Christi for 45 years. (Irrigator) (1- 06 -05) Bruce D. Hamende Owner /President, Bruce D. Hamende Air Conditioning and Heating Inc. Certified in Applied Science — Air Conditioning. \ctivities include: Assistant Scout Master, Venture Advisor and Past President of CBACCA. (Air Conditioning) (3- 09 -05) Kenny Mantor 'resident, K.J. M. Commercial, Inc. Activities include: Texas Residential Construction Commission, Construction Financial Management Association and ABC. Certified as an authorized 3uilder CICO. (Commercial Builder) (1- 10 -05) Robert Ross Pate Retired Toolpusher, OIM for Pride Drilling Company. lctis,ities include: Deacon Board Member and Layman of the ear for South Texas District Assembly of God. (Not Connected with the Building Industry) (2 -8 -06) Wade Perkinsupenisor, Custom Filtration and Plumbing. Licensed as a 'ourneyman Plumber. (Plumbing trade) (1- 10 -05) Karim I. Salighedar Julio Sanchez Irrigation Manager, Fox Tree and Landscape Nursery. Received B.S in Agronomy and M.S. in Agricultural Mechanization. activities include: Texas Turf Irrigation Association, <lmerican Backflow Prevention Association and Coastal Bend irrigation Association. (Irrigator) (1- 06 -05) )caner. Mr. Freeze Air Conditioning and Management. keceived T.S. T.C. training in Waco, Texas. Licensed in Air onditioning. (9ir conditioning) (1- 05 -05) Shavne Schroeder Owner. Shayne Schroeder Custom Homes, LLC. Received H S. in Construction Technology from Southwest Texas State University. Current Vice President of the Builders Association c=! Corpus Christi. (Home Builder) (2 -2 -04) 3 Requested Council Date: 2/13/07 Alternate Date: 2/20/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) vactor truck from Southwest International Trucks, Arlington, Texas based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative for a total amount of $264,509. The equipment will be used by the Wastewater Department. This unit is a replacement. Funding is available from the FY2006 -2007 capital outlay budget in the Maintenance Services Fund. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose Basis of Award Funding: The vactor truck will be used by the Wastewater Department to clean and maintain its 1250 miles of sewer collection main lines, 6" and larger E.n diameter. The vactor truck will be delivered to the City in the summer of 2007. Local manufacturers' dealers will provide warranty support service. This truck will be purchased through the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative ( TLGPC) TLGPC is administered by the Texas Association of School Boards (TASB) and co- sponsored by the Texas Municipal League (TML) and the Texas Association of Counties (TAC). TLGPC acts as an independent agency awarding exclusive cooperative purchasing contracts for its members. Organization Name Amount Maintenance Services 550020 -5110 -40120 $264,509.00 Capital Outlay Item #85 Michael Barrera. Assistant Director of Financial Services ;IT`r OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION B1- 0098 -07 BUYER: GINA SANCHEZ VACTOR 2112 PD VACUUM BODY DATE 2/11- ITEM DESCRIPTION QTY UNIT SOUTHWEST INTERNATIONAL TRUCKS ARLINGTON, TX Unit Extended Price Price Vactor 2112 PD Vacuum Body Trick 1 Vehicle $264,509.00 $264,509.00 Totai $264,509.00 4 Requested Council Action 2/13/07 Alternate Date 2/20/07 AGENDA MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG-07-01 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $134.892.93 The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY06 -07 LaBatt Food Service PFG Ben E. Keith Corpus Christi, TX Victoria, TX San Antonio, TX 90 Items 59 Items 51 Items $51.836.93 $42,216.74 $40,839.26 Grand Total - $134, 892.93 BACKGROUND: Purpose: These food items will be used by Senior Community Services for the Elderly Nutrition Program. Award Basis: Funding: The items are combined under a cooperative bid issued by the Coastal Bend Council of Governments (CBCOG). Participating members are comprised of the City of Corpus Christi, Community Action Corporation of South Texas (CACOST) of Alice, Falfurrias, and San Patricia Aransas County, Bee County, Duval County, Kleberg County, Live Oak County, Rural Nueces — Robstown, and Refugio County Elderly Services. The recommended awards are based on low bid and low bid meeting Specifications. Items awarded as low bid meeting specification are based upon the quality and/or packing standards identified in the bid documents. Senior Community Services ENP 520070 -1067- 810807 MOW 520070 -1067- 810507 MichaL1'`Barrera Assistant Director of Financial Services Total $111,432.33 23,460.60 $134,892.93 COASTAL BEND COUNCIL OF GOVERNMENTS-STAPLES, MEAT & OTHER FROZEN FOODS Senior Community Services Bid Period Covering January 1. 2007 - June 29 2007 Bic Tabulation: B1-0107-07 (CBCOG-07-01) LABATT PFG BEN E • . ..114 ,,,..".101,;•• 4 • . APPLES, SLICED 6#10/cs 30 APPLESAUCE 6#10/cs 51 APRICOT, HALVES 6#10/cs 60 cs 23.17 $695.10 $1,833.60 FRUIT COCKTAIL 6#10/cs 22.5 FRUIT FOR SALADS 'MANDARIN ORANGES PEACHES, SLICED 1PEARS DICED PEARS. SLICED 'PINEAPPLE, CHUNKS !PINEAPPLE, CRUSHED 6#10/cs 46.5 6#10/cs 24 22.5 6#10/cs 9 6#10/cs 42 6#10/cs 55.5 cs 20.06 6#10/cs 30 cs -1 6#10/cs 18.99 31.19 33.88 $968.49 $701.78 $1,575.42 20.83 'PINEAPPLE, TIDBITS 6#10/cs '6 5 cs 111111r111111111111111 30#/cs 9 cs $1,113.33 27.99 31.90 39.00 22.99 28.99 19.83 $327.20 $629.78 $287.10 $1,638.00 $1,275.95 $869.70 19.99 $329.84 22.79 18.02 31.61 32.24 39.53 KEITH $683.70 $919.02 $1,896.60 $725.40 $1,838.15 20.79 $498.96 27.94 $628.65 28.55 $256.95 RAISINS, SEEDLESS BULK ,BEANS GREEN :BEANS GREEN WHOLE ;BEANS PINTO :BEANS PORK BEANS REFRIED CARROTS. DICED :,,,ARROTS. SLICED ALAPENO PEPRS, SLICED ;MIXED VEGETABLES :MUSHROOMS, SLICED 'PIMENTOS, DICED SPAGHETTI SAUCE, MARIN SPINACH TOMATOES, DICED TOMATO PASTE TOMATO SAUCE slEGETABLES, CHUNKY FOR STEV ZUCCHINI & TOMATOES 38.67 $348.03 6#10/cs '02 cs 15.68 $1,599.36 3 6#10/cs 102 cs 6#10/cs 105 cs 6#10/cs 46.5 cs cs 19.57 $58.71 6#10/cs 6#10/cs 6#10/cs 6#10/cs 6#10/cs 24/28 oz 20.11 $935.12 CS - 3 cs 3 cs 3 cs 3 cs CS 6#10/cs 5 cs 6#10/cs 3 cs 6# 10/cs 69 cs 6#10/cs '2 cs 6#10/cs 2 cs 6#10/cs 3 cs 6#10/cs 93 cs 28 94 $2,691 42 15. 18.99 20.99 20.69 $0.00 $1,936 98 $2,203.95 $962 09 39.37 $354.33 16.09 $1,641.18 15.99 $1,630.98 17.59 $1,846.95 16.97 18.39 $55.17 $50.91 16.24 $48.72 18.65 $55.95 17 76 $53.28 37.91 $113.73 19.99 32.33 7 70 $53,10 25.99 23.32 21.12 20.19 26.22 21.00 21.80 $59.97 $96.99 $311.88 $174.90 $63.36 $1,393.11 21.91 $65.73 $314.64 $252.00 $65.40 40.47 21.64 4.29 28.56 19.67 -"I $485.64 $162 30 $296.01 $342.72 $236.04 ;ONION FLAKES 15#buc 3 c PEPPERS, GREEN DEW ^ 1 5# 5 cs 19 43 $29.15 PINTO BEANS 50#/sk '4 5 sk 17 55 $78.98 POTATO PEARLS -Excel 6'5.5# 30 cs 39 72 $1,191.60 POTATOES SCALLOP '216 3# 43 E cs 41 40 $1800.90 31 00 $2,883 00 k E 3.111121■1 CHICKEN BONED 5,50 oz -1- 3 cs 58.97 $176.91 18,77 $56 31 56.34 $169 02 oage 1 Totals Award Totals Grand Total 17.94 $80.73 - $170.67 $10 822 56 $51 836 93 $134,892 93 $6 940 09 $42 216 74 $5,883.62 $40,839.26 LABATT PFG BEN E. KEITH CHILI, NO B t NS TUNA, WAT= $1,060.41 6/66 5oz 57.99 $1,130.81 $589.32 36.42 5655.56 BB■ SAUCE CATSUP CATSUP INDIVIDUAL HOT SAUCE, PICANTE IND MUSTARD, PREPARED 4/1 gal 6#10 /cs 500 /cs 200 /cs 4/1 •-I MUSTARD, INDIVIDUAL VINEGAR WORCESTERSHIRE SAUCE 500 /cs 6/1 gal 4/1 •al 3 cs 6 cs 27 cs 66 cs 1.5 cs 12 cs 6 cs 0.3 cs $39.66 $630.30 $12.33 13.63 18.69 8.64 9.35 8.71 8.79 $52.74 15.09 $4.53 $40.89 $112.14 $233.28 $617.10 $13.07 4.99 9.49 14.46 23.15 23.49 $138.90 $634.23 $59.88 $56.94 $4.34 COLE SLAW RESSING FRENCH, INDIVIDUAL TALIAN; INDIVIDUAL 200 /cs 3 cs 36 cs 22.22 200 /cs 45 cs TALIAN LOW CALORIE 4/1 gal 3 cs 11.19 $66.66 $215.64 $503.55 RANCH, FF INDIVIDUAL 200 /cs 72 cs MAYONNAISE, LOW CALORIE 4/1 gal 30 cs MAYONNAISE, INDIVIDUAL SALAD DRESSING, LOW CAL SALAD DRESSING, IND 500 /cs cs 4/1 aal 200 /cs -ARTAR SAUCE, IND. 7 5 cs 10 5 cs 200 /cs 45 cs THOUSAND ISLAND, FF IND 200 /cs 33 cs LEMON JUICE TOMATO JUICE OIL, COOKING 12/32oz PICKLE, RELISH, SWEET PICKLE RELISH SWEET, IND PICKLE, SLICED DILL PICKLES, R LISH DILL 12/46oz 6/ •aI 4/1 gal 200 /cs 4/1 gal :CHICKEN B SE, LOW SODIUM 'BEEF BASE, LOW SODIUM t"'REAM OF MUSHROOM SOUP GREEN CHILI ENCHIL. SAUCE 0 3 cs $55.83 17.16 $1,235.52 16.20 $486.00 27.86 $306.57 4 5 cs $9.62 $73.85 $83.58 $92.40 28.27 $84.81 10.91 $392.76 10.50 $472.50 24.45 $73.35 15.52 $1,117.44 4.29 $128.70 16.59 $49.77 23.18 $173.85 8.95 $93.98 12.12 $545.40 12.94 $427.02 18.99 16.99 $5.70 $76.46 7 5 cs 16.48 $123.60 32.18 $241.35 4 Cs 10.5 cs $83.12 $86.00 4 5 cs 1 5 cs 6/15 oz 6/15 oz 12/51 oz 24/ #303 CHILI POWDER GEBHART'S ONLY 6 /18oz CINNAMON, GROUND }'COMINO, GROUND ;GARLIC POWDER ;MUSTARD, GROUND NUTMEG, GROUND `OREGANO, GROUND 6'1 # 66.42 15.67 $70.52 cs 6 cs 22 5 cs 7 cs $222.90 $226.20 39.53 $889.43 17.99 $80.96 10.48 $110.04 17.23 $25.85 36.99 $221.94 36.98 $221.88 38.99 $877.28 $193 13 0 6 cs 15 cs 0 6 cs 3.90 18.89 6.67 $2.34 $28.34 $4.00 6ct14oz 0 3 cs 6ct119oz 0 3 cs lct114oz C 3 cs 1/16 oz 6ct135 oz 0 3 ct 0 3 ct OREGANO, LEAVES PAPRIKA PARSLEY FLAKES 1116 oz $1.33 $1.43 4.71 6.82 5.96 4.29 7.02 10.98 10.98 $2.83 $10.23 53.58 $2.10 0 3 ct 4.40 $1.32 15 ct 4.83 $7.25 3ct'10oz C 6 ct 4 17.97 6!1 # Page 2 Totals 6.53 9.99 55.99 9.60 $1 29 $2.11 $3.29 $3.29 $2.52 55.39 $9.80 $5.76 $2 197 48 $2,982.29 $2,000.17 Page 3 1otals 51' 048 ' 59,835 89 $22,070 36 LABATT PFG BEN E. KEITH - - - -; - '., ,,'•,.,: '-''-- . . :,....,,r,..t:::;'E :', a ::: .. , . . -:- - , ■r-: ' PEP R, B GROUND -;.,, ., 1.„ '',' - ' 6/1 # 1 ' -,--,..., - _ . - 1.5 -,,. ' ct -.Iv Alq, ,,,,it Att 3.90 ,,r, ;,-. .:?.41::`:i ti A 55.85 r 5:: '71" -.3,-.T;'. - !-"Iit: ', - ' :1 i... ,ft .4:...',-:,:i4;.r. * i'lo,•,,, 1• : . 1. -,''.4.V.; - ' ;, 4.80 ..i.'-i ' 7. 4.-Mti 5.30 :% ' :: , 'f..6141:1y...;,!:: $7.20 51.59 PEPPER. CAYENNE 1/16 oz 03 ct 554 51.66 POULTRY SEASONING 6/12 oz 0.3 ct 3 69 $1.11 - iAll 8.00 52.40 SAGE 1/6 oz 03 ct 638 $1.91 6.48 $1.94 Mr -, ..;'" -•'q••'' ,"'-' SALT, COOKING 25#/sk 4.5 sk 426 $19 17 4.99 822:48 ..t''''. SALT, TABLE 24/26oz 1 5 cs 8.62 512.93 8.98 513.47 SEASON ALL 6/35 oz 1.6 ct "I'-' .,, :72 51.46 $77.19 5.84 58.76 THYME 1/24oz 0 6 ct . -• . ' 4.20 52.52 20.09 $12.05 -"i..•1.- ...:. :. -12:IL. BA 4'. G PO ' i, ER -+ 6/5 # 3 12/24oz 3 cs cS 539 17 13 516 17 $51 39 ,4. ' inf. : :i, -,,r1. ,'..' r.:715.'.... ',-: , r-g 33.06 12.25 599.18 $36.75 BAKING SODA BREAD CRUMBS 4/25# 3 cs cs 26.52 23 68 $79.56 5568.32 29.99 589.97 ! ..141E"1,- .k., . : '. 7i .010S. 22.88 .1,-..,-,•-:, 5549.12 CORNBREAD MIX 5/5# 24 CORNMEAL 6/5# 3 cs 6 10 518.30 6.84 $20.52 ',,, CORNSTARCH 24/1 cs . ' i 17 17 $154.53 4.29 538.61 CRACKERS, SALTINES 500/2 ct 6 cs 11 67 57002 11 66 569.96 12.04 572.24 CRACKERS, WHEAT 300/2 ct 54 cs 26.16 51,412.64 18 18 $981.72 26.78 $1,446.12 'FLOUR. ALL PURPOSE '0/5# 12 sk 655 578.60 11.99 $143.88 SEAT] GINGERBREAD MIX 6/5# 21 cs 55 26 $1,160 46 20.29 $426.09 .-, '''r •"1 ,1, ', :C:', GRAVY MIX, COUNTRY 6/1 5# 9 6/1 5 # 9 cs cs 11 38 4.4 5102.42 IIMIK ". :=`• Ti'",,t'.';'."', :77 . 14.33 $128.97 14.00 15.42 $126.00 5138.78 GRAVY MIX, LIGHT BROWN OATMEAL 12/42 oz 1 5 cs 20 11 530.17 ""'7' q;,:,;,.',Ci-.1':'. ';',1t,."4" 29.77 $44.66 RICE, UNCLE BEN'S ONLY 1/25# 45 sk cs 0-2 7 39 ' : sato $387.98 33.00 51,485.00 ,,- .4,4,•,•", .N. ,i“. 14.79 8.36 5665.55 $438.90 NOODLES EGG MEDIUM 2/5# 52.5 NOODLES, LASAGNA 1/10* 30 cs *SW., 7747' 9.39 5281.70 ROTINI/SPIRAL TRI COLOR 2/10# 45 2/10# 18 cs cs 14.05 $632.25 in., ,„ ' ;,:,,,,-, ., ,,•'-','°.,5171 I 13.49 $242.82 17.69 11.67 5796.05 5210.06 VERMICELLI .SPAGHETTI LONG THIN 2 / ' O# 39 cs 10 48 $408 72 -, ' -377 -, 12.56 5489.84 .1i_. GELATIN, S - • WBERRY 12/24 oz 3 cs : - ,-„,:i . 18.13 554.39 19.38 558.14 GELATIN. STRAWBERRY SJGAR FREE 12/24 oz 3 cs . , GELATIN, ORANGE 12/24 oz 3 cs 17.89 553.67 18.91 556.73 GELATIN ORANGE SUGAR FREE 12/24 OZ 3 CS '-- - 't ;ICING, MIX WHITE 6/5# 3 cs 48 93 5146.79 -' .1; : : -,,,L, 54.76 5164.28 SUGAR. BROWN 12/2# '.5 cs 19.25 $28.88 I- ;?„,ti - : :1- 22.99 534.49 SUGAR. POWDERED 24/1 '.5 cs ' . 26.99 $40.49 17.55 526.33 i SUGAR, GRANULATED 1/25# 3 sk 13 13 539.39 17.74 $53.22 COCONUT --4 5/2# 6 cs 13.22 $79.32 14.67 $88.02 ' rol ,•,-: :COLOR GRAVY 4/1 gal 3 cs , ' ,, , ' 5 99 517.97 86.45 $259.35 Fast & Fancy Neutral Dessert Base 6/4.25# 12 cs 26.01 $312 12 - • , A .,, ":„ r ,4 'GRANULES LEMON I 12/24 oz 0.3 cs 30 93 59.28 24 ;MARSHMALLOWS, MINI 12!'# 12 cs 14.30 5171.60 15.02 5180.24 ., i !MILK, DRY. NONFAT 1/25# 1 5 sk *4.* 48.00 572 00 39.45 559.18 VANILLA, EXTRACT PURE 6ct/16oz " 2 1 5 cs cs 53 77 26.44 56452 539.66 32.91 37.99 $39.49 556 99 : ,"!, '- ' t.... l'• . ,,, .,,, ..: 'PECAN PIECES 1/30 4 SLICED STUFFED OLIVES 4/1 a 0.3 cs la . 4b3 - 45.03 513.51 37.47 511.24 I ,PAN COATING, AIRSOL 5/'7 az 1 5 cs 18.07 527 11 .; ,:,,, • ' 18.17 $27.26 'ALMONDS, SLIVERED 1/5# 3 cs 32.41 , 19723 15.99 54797 LL 1111111P4M1111111111111111MI BBQ SAUCE W/CHOPPED SMOKED BE BRISKET & --vP 15 cs 42 71 5640.65 48.05 $720.75 33 *," .$543, I BEEF & PORK FRANK 8/1 2220 ct 1.71 1.81 $4,018.20 1.38 53,056.94 BEEF & PORK CORN DOG 8/1 1110 ct 1 41 $1,565.10 1.33 $1,476.30 •' 110 i :BEEF & PORK SAUSAGE LINK 5/1 3330 ct 2 41 $8,025.30 •.'- . •••,- -Al 2.18 $7,259.40 PRCKD BEEF BRISKET 285 # 021 $59.85 --- PRCKD BEEF FAJITA STRIPS 630 4 _ 1.47 *POW 5.40 $3,402.00 BREADED PRECOOKED CHICKEN FRIED BEEF FR "'ER "26 ct 1 81 $228.06 - 4..'.' • •':. '$ ' 2.22 $279.72 1CHARBROILED GROUND BEEF PATTY 5550 ct 2 06 511,433.00 1.75 $9,712.50 ! ' „.... 'CHARBROILED SALISBURY BEEF PATTY 4440 ct 2 16 59,590.40 2.15 59,546.00 , ' ' 7: GROUND BEEF 90/10 I 2020 5 4 1.89 - $ '• 5 0.55 $1,111.28 -h• PRECOOKED MEATBALLS 69 05 25 06 $1 729 14 21.", '' $1417.31 23.39 $1,613.91 , oRECOOKED AND SLICED MEAT LOA. - CN ,abe Reouire 12 cs 33.25 $399.00 27.29 $327 48 2459 $2a6.08 ,- STEW MEAT - 1 '2" Cul Onl \. 3090 4 0.11 $33910 _ 240 $7,416 00 2.49 $7,694.10 Page 3 1otals 51' 048 ' 59,835 89 $22,070 36 P age 4 Totals $27 768 76 $22,458 47 $10 885 12 LABA'TT PFG BEN E. KEITH ./ . .. .1,...1.!....2.2--:...: . - - .i,..11:.......: -4,.- - 5 OZ OVEN READY BREADED FISH STRIPS 3ctisv 31 5 cs 19.86 $625.59 -...l.'.$7.7 -. t.;,.... 31 37 5988.16 .' 6 OZ OVEN RDY CRUNCHY BRD ALASKA POLLOCK 4440 1 ct 3 03 $13,453.20 J' 0.4 Sj513O ..:.I!- 1.83 - 56,093.90 342 0 42 $15,184.80 $1,398.60 ■,4 0 OZ OVEN RDY BRD ALASKA POLLOCK SQUARE 3330 ct pI I BREADED PRECOOKED PORK PATTY 3330 ct 0.095 $316.35 0.088 5293.37 , - : i$2t4.O. I PORK CHOPS - BONE 1N-END CUT 3330 ct 1.80 55994.00 ...;...." 140`!''' I BONELESS HAM 600 4 1. 1.87 $1,122.00 1 84 $1,104.00 1 ' - 1 t...:.... •-• . -:, , , PRECOOKED CHICKEN FAjITA STRIPS 630 2.98 $1,877.40 3.51 82,211.30 'CHICKEN MEAT, DICED, WHITE & DARK 1350 # 2.79 83,766.50 282 $3,807.00 CHICKEN DRUMSTICK, IQF 3 5 oz 34.5 cs 37 74 $1,302.03 WV . ... v ; i 7:- 38.63 $1,332.74 CHICKEN THIGHS iQF 49 OZ 345 cs 29.41 $1,014.65 'tr, 30.11 51,038.80 .------- CHICKEN THIGH QUARTERS 9 CZ 64.5 cs i 1:-7: ,T441, '1,3 34.80 52,244.60 CHIX THIGH MT, RAW BNLS SKNL 1050 4 0.88 $924.00 - ''' ' "IFIZ, .,t1 1.42 51 491.00 TURKEY ROLL, COOKED WHITE AND DARK ' 157 5 # 1.67 $263.03 '"-- !4:411 ' -'.' ' LEAN GROUND TURKEY - LEAN ___ 1800 079 $1,422.00 , ' ., .,-,.':"r- ,:- . 082 51,476 00 - cHEESE ENCH' ADAS 90/1 63oz i - 51 cs 18.66 $951.66 18.98 ■Pt $967.98 .... -..e. 1-, - : .141461g ...-.... ' - Aopw4t0 1 , CHICKEN ENCHILADAS 90/1 75 oz 51 cs !....:!-1::3 18.12 $924.12 19.11 $974.61 ASAGNA MEAT/CHEESE 4ct/cs - 19.5 cs 55 93 $1,090.64 J-,--': : ' .t,17,1,...._, 56.99 51 111.31 _ASAGNA VEGETABLE 4ct/cs 19 5 cs 51.43 $1,002.89 51.99 81,013.81 I - ' 47 !..1/1taitaS. J Like° CHEESE MANICOTTI 2CTP2 OZ MEAT/MEAT AL- 2220 2220 ct ........,. 0.49 0.43 51.087.80 $954.60 0.58 81,287.60 I PRE-FRIED CHICKEN AND BEAN BURRITO 5-5.75 OZ EA ct " i'!--° t- I-...,?' !BEANS, CUT EEN 1/20# 150 0.71 $106.50 0.80 $120.00 iBROCCOL, CUTS 1/20# 39 # 3'.- , 0.71 $27.69 0.77 $30.03 $27.00 CALIFORNIA BLEND JEGES 1/20# 1/20# 30 # "5 -i: „ 0.86 $25.80 0.90 I . CARROTS, SLICED 1470 # -... 0.64 5940.80 0.70 51,029.00 !CARROTS. WHOLE BABY 1/20# 1429 5 # - i 0.89 $1,272.26 0.85 $1,215.08 [CORN, WHOLE KERNEL 1/20# 1620 # 0.62 $1 010.88 0.66 $1,069.20 !!'-i'."'.. ". , -.I,- I.' -GREENS CHOPPED TURNIP 12/3# 1440 # ,,, ,:: ,, . .. , -.. ,... .:. F ' .. ..: 0.65 $936.00 TALIAN BLEND VEGETABLES 1/20# 1890 # tt..."'" ' '' I' F-- a 0.99 51,871.10 0.96 $1,814.40 .- !MIXED VEGETABLES 5 WAY 1/20# 1350 4 Ef"-..-;--: :. " 0.81 $1,093.50 0.97 51,309.50 . PEAS AND DICED CARROTS 1/30# 1680 # . -1. ' .. 0.86 51,444.80 0.78 51,310 40 'POTATO WEDGE 10 CUT QUICK N CRISP', 1665 # ' .., , iI.- 0.77 51,282.05 093 $1,548.45 i POTATOES, REDSKIN FOUR SIX CUT 1260 ' i.... - . ILI DOTATOES. DICED 255 # 074 $188.70 .' ' 7;., - •=-;') -,',.' ' SPINACH CHOPPED 12/3# 2130 # # 0.72 $1,533.60 0.61 0.81 51,299.30 $1,142.10 0, ." 0.96 - ' $1.353.60 ELLOW SQUASH SLICED (SUMMER TYPE 2/3# 1410 ZUCCHINI SQUASH, SLICED 12/3# 30 # 066 $19.80 4...'f•-..',...-.`. 7,,,,, a-al.. 1. '! 0.18 $5.40 HUSH PUPPIE. - 35-40 ctilb 4/5# 3 cs 0 68 $2.03 "..' .,:Y' - ."P ''0 1.24 $3 72 CHERRY CO' :LER KIT W/STRUESEL TOPP NG 225 cS. 34.54 $777.15 CHERRIES. RED TART PITTED 1/30# 532.5 # I, , cs -":".. 29.99 $1,259.58 33.94 $1,425.48 °EACH COBBLER KIT W/STRUESEL TOPPING 42 STRAWBERRIES, SLICED 6/6.5# 1620 # 1 15 cs 23 78 $1,863.00 $1,640.82 1.-'-11:,','' 717t4'`-41.0j14(f!' 1.32 : 23J . , 24-W(4454,34ir 37.41 $2,138.40 !'" '.8$5`. $392.81 SPONGE CAKE 1/2 SHEET PAN 4/48 oz 69 f ''r- ;-'" COOKIE DOU H- OATMEAL RAISIN 10Z COOKIE 240/1 oz 24 cs 31 50 $756.00 23.10 5554.40 ORANGE JUICE CONCENTRATE FROZEN 3 1 12/32oz 105 cs 43 13 $452.87 -"pi."' RNCH STY ROLL-FRZN DOUGH WHEAT 40/1 5oz 30 cs 21.45 $643,50 20.98 $629.40 Wier 1 ''.Ear CHEESE AMER YELLOW SL - 5oz slices, 16051/54 4/5# 150 # '; _ , 1.90 $284.70 2.12 $318.00 C.:',HEESE AMER YELLOW BLK 6/5# 570 4 ' t,'.: # 1: f . .r.rf,5.,,: - , 1 2.31 169 $1,316.70 $963.30 2.11 1.76 $1,202.70 $1,003.20 CHEESE CHOR MILD YELLOW BLK 1/40# 570 EGOS, SHELL MEDIUM, WHITE,ORADE A 1/15doz 6 cs . 1 f.- :, 1 t . ,. 3.40 11.66 $69.96 MARGARINE, REDDIES, ALL VEGETABLE iOct/121b 1 5 cs 15.66 '-7-7'"'-` I. - r..! ! W.24ER 15.18 $22.77 r-• MARGARINE, SOI, ID ALL VEGETABLE 30/1# 6 cs iQ - 11 49 $68.94 12.86 $77.16 SOUR CREAM 2/5 # 18 cs 723 $130.14 10.72 $192.96 I. $3414A6 SHREDDED SWISS CHEESE 570 # 2.48 51,413.60 - t ----.N . -DIMIENTO CHEESE 2/5# 600 # 24 14 2.93 $1,758.00 WHIPPED TOPPING IN A BAG 12 cs 30 72 5368.64 31.26 $375.12 . 29.1 III. $3.4O MOZZAREL-A CHEESE, GRATED 300 4 1 84 $551.70 .4, COTTAGE CHEESE 172 5 # 1 39 $239.43 1.29 $222.53 PARMESAN CHEESE, GRATED 34 5 4 3 S1i199 3.66 $126.27 SWEDISH MEATBAL . S OVER NO TII)L ES Meadows ONLY ter #310 -I- 405 ct .. ! AVY c , SA', SBURY A/I . , : STEAK 'TH GR :Meadows ONLY tem#324 -t- 405 ct . 1 OVEN FRIED CHICKEN :' , 1 Meadows ONLY item#410 ::::,:, 1 405 ct ...p. !CHICKEN BREAST PATTY 70- ;Meadows ONLY te," #426 405 ct ,,, . .. P age 4 Totals $27 768 76 $22,458 47 $10 885 12 v Requested Council Action: 2/13/07 Alternate Council Date: 2/20/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease purchase of the following equipment from the following companies in accordance with Bid Invitation No. BI- 0120 -07, based on only bid and most advantageous bid, for a total expenditure of $111.795.00. The equipment will be installed at the Power Street Storm Water Pump Station. Financing will be provided through the City's lease /purchase financing pro gram. Holt Power Systems Corpus Christi, Texas Diesel Engine $68,095.00 Amarillo Gear Company Amarillo, Texas Right Angle Gear Assembly $43,700.00 Grand Total: $111,795.00 ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The new diesel engine and right angle gear assembly will be installed at the Power Street Storm Water Pump Station located at the corner of Water Street and Power Street. The pump station was constructed in 1948 to collect and remove storm water collected from the Downtown Area below the bluff from John Sartain St. to the Convention Center. The pump station contains three axial flow pumps that are each driven by diesel fueled engines. Over the past four years, the City has been refurbishing the pump stations serving the Downtown area. This purchase is part of a coordinated effort between the Purchasing Division and the Engineering Department to continue to improve upon the service capabilities of the Storm Water Department. Due to long lead times associated with the delivery of the equipment, staff is recommending awarding two separate contracts for the supply and installation of the equipment in order to complete the project by July 1 2007 Future Action: Change Order to the Kinney Street Pump Station Project for the installation of the Power Street Storm Water Pump Station Engine and Gear assembly. Bid Invitations Issued: Bids Received: 2 Basis of Award: Only Bid - Item 1 Funding: Most Advantageous Bid - Item 2 Holt Power Systems, Corpus Christi, Texas and Amarillo Gear Company, Amarillo, Texas have both taken exception to the 100 day lead time requirements included in the bid invitation and inclusion of service technician costs for start up and oversight by the manufacturer's field representative in the submitted bid pricing. However, a recommendation to award to the lowest cots provider is submitted as the exceptions taken do not impair the functionality of the machinery. Lead time is estimated at 126 days and service technician costs will be billed separately by Amarillo Gear Company. The c iesel engine will be funded through the City's lease /purchase financing agreement for a sixty -month period. The estimated interest rate is 4.0 %. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $15,048.84. Total estimated cost over the sixty -month period, including principal of $68,095.00 and interest of $7,149.20. is $75,244.20. The right angle gear assembly will be funded through the City's lease /purchase fmancing agreement for a sixty -month period. The estimated interest rate is 4.0 %. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment is $9,657.60. Total estimated cost over the sixty -month period, including principal of $43,700.00 and interest of $4,588.00, is $48,288.00. The equipment is scheduled to be delivered to the City in June of 2007. The amount of funds shown below is for the remainder of FY 06 -07, beginning June 2007. Funds will be requested by the Storm Water Department for FY07 -08 and all subsequent budget years. Storm Water Department 530190 -4010 -32040 Diesel Engine Gear Assembly Michael Barrera Assistant Director of Financial Services (2 months) (2 months) FY 06 -07 $2,508.14 1,609.60 Total $4,117.74 Z a 2 0 o) CC A W • F- 91 0 J J_ Q Q Q • Q C _o D 0 0 z O O 0 Cr3 EA cr) � X W a) al W • I • U O cn D a J CL O 0 I co =a` j 0 co 69 0 0 0 10 N C) 00 O iri S EA M O O 0 co DESCRIPTION W U to W Award Total: $111,795.00 Grand Total Award 6 AGENDA MEMORANDUM DATE: February l3, 2007 SUBJECT: Grant from the Bill and Melinda Gates Foundation through the Texas State Library and Archives Commission (TSLAC) "Staying Connected" Grant. AGENDA ITEMS: A. Resolution authorizing the City Manager or his designee to accept a grant of $1,554 with the Texas State Library and Archives Commission for the purchase of "GoToMyPC" annual software license for the South Texas Library System located in the Corpus Christi Public Library. B. Ordinance appropriating 51,554 from the Texas State Library and Archives Commission in the no 1068 Federal /State Grants Fund for the purchase of "GoToMyPC" annual software license for the South Texas Library System located in the Corpus Christi Public I ibrary; and declaring an emergency. 1SSUI :: the Texas State Library and Archives Commission is awarding a grant to the South Texas Library System in the amount of $1,554 for the purchase of "GoToMyPC" annual software ocense This annual software license will enable our technical specialist to have unlimited -emote access to our 54 member libraries in South Texas. This enables the technical specialist to {roubleshoot computers through remote access. REQUIRED COUNCIL ACTION: Appropnation of funds require C qty Council approval. RECOMMENDATION: Staff recommends acceptance of grant and appropriation of funds. Herb Canales Director of Libraries RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $1,554 WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR THE PURCHASE OF "GOTOMYPC" ANNUAL SOFTWARE LICENSE FOR THE SOUTH TEXAS LIBRARY SYSTEM LOCATED IN THE CORPUS CHRISTI PUBLIC LIBRARY 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 accept a grant of $1,554 with the Texas State Library and Archives Commission for the purchase of "GoToMyPC" annual software for the South Texas Library and Archives Commission located in the Corpus Christi Public Library. The grant program is funded by the Bill and Melinda Gates Foundation. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council, ATTEST: Armando Chapa City Secretary APPROVED: February 7, 2007 Lisa Aguilar Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2007 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 ORDINANCE APPROPRIATING $1,554 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION IN THE NO 1068 FEDERALJSTATE GRANTS FUND FOR THE PURCHASE OF "GOTOMYPC" ANNUAL SOFTWARE LICENSE FOR THE SOUTH TEXAS LIBRARY SYSTEM LOCATED IN THE CORPUS CHRISTI PUBLIC LIBRARY: AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,554 from the Texas State Library and Archives Commission in the No. 1068 Federal /State Grants Fund for the purchase of "GoToMyPC" annual software license for the South Texas Library System located in the Corpus Christi Public Library. 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 — -- 2007 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 7, 2007 Lisa Aguilar Assistant City Attorney for City Attorney Henry Garrett Mayor Corpus Christi, Texas day of , 2007 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jon Marez Jesse Noyola Mark Scott 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Feb. 13, 2007 AGENDA ITEM: Ordinance amending Ordinance No. 026671, which appropriated $146,524.60, to change name of Grant funding to read "Metropolitan Medical Response Contract" instead of "State Homeland Security Grants"; and declaring an emergency, ISSUE: On March 21, 2006 the City Council approved an Ordinance to appropriate $146,524.60 from the State Homeland Security Grant Program in Fire Grants Fund 1060 for the purchase of a building access and security system for City Hall and the Police Administration building. The security system was installed shortly there after by Total Protection Systems, Inc According to guidelines, the project should have been funded under the Metropolitan Medical Response 'ontract. REQUIRED COUNCIL ACTION: ('ouncil approval. PREVIOUS COUNCIL ACTION: On September 26, 2000 Council appropriated $400,000 from the U. S. Department of Health and Human Services in the No. 1050 Federal /State Grants Fund for a Metropolitan Medical Response System CONCLUSION AND RECOMMENDATION: Staff recommends amending Ordinance No. 026671, which appropriated $146,524.60, to change the name of the Grant funding to read "Metropolitan Medical Response Contract' Richard Hooks Fire Chief Attachments: Ordinance Documents and Settings \MIS \My Documents\Agenda Items\ReAppro of 146524.doc BACKGROUND INFORMATION o matching funds are required for this contract, The initial award provided for $258,000 for the purchase of protection systems . ,llocuments and Settings \ IIS'u'vMy Documents'\Agenda Items\ReAppro of I46524.doc AN ORDINANCE AMENDING ORDINANCE NO. 026671 WHICH APPROPRIATED $146,524.60 TO CHANGE NAME OF GRANT FUNDING TO READ "METROPOLITAN MEDICAL RESPONSE CONTRACT" INSTEAD OF "STATE HOMELAND SECURITY GRANTS "; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 026671 which appropriated $146,524.60 from the State Homeland Security Grant Program in Fire Grants Fund 1062, to change name of grant funding to read "Metropolitan Medical Response Contract" instead of "State Homeland Security Grants ". 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 immediMe 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 on this the 13th day of February, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: It "... S 2007 By: Harney Josep Harney Assistant City Attorney For City Attorney Ord,Appr- Fire-HS2 -amend 1.doc 2 Corpus Christi. Texas day of , 2007 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 02/13/07 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute an interlocal agreement with Nueces County to participate in the Crisis Intervention Team (CIT), provide officers trained in crisis intervention to serve on the team, and provide a grant match of $50,000 to participate in the Crisis Intervention Team (CIT). ISSUE: Nueces County received a grant from the Substance Abuse and Mental Health Services Administration to establish a crisis intervention team in Nueces County to divert persons with mental illness and/or co- occurring substance abuse disorders to community based services rather than place them in jail. BACKGROUND: The City will provide a grant match of $50,000 to be reimbursed for the overtime required to train CCPD officers and dispatchers in Crisis Intervention Recognition. Twenty officers will be trained to serve on the CIT. As officers encounter individuals on the street that may have a substance abuse or mental illness issue a member of the CIT will be contacted to review the case and make a recommendation to incarcerate or not. The training provides officers with this information. The interlocal agreement is in effect from January 24, 2007 through January 23, 2008. The Commissioners Court approved the agreement on February 9, 2007. REQUIRED COUNCIL ACTION: Approval of the interlocal agreement. FUNDING: Funds are available in the Law Enforcement Trust Fund. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the interlocal agreement. Bryan P. Smith Chief of Police Attachments: Interlocai agreement STATE OF TEXAS COUNTY OF NUECES § INTERLOCAL AGREEMENT BETWEEN NUECES COUNTY AND CITY OF CORPUS CHRISTI WHEREAS, Nueces County. herein "County" was awarded a Substance Abuse and Mental Health Services Administration (SAMHSA) Grant, herein "Grant"; WHEREAS, one of the purposes of this Grant is prior to booking divert persons with mental illness and /or co- occurring substance abuse disorders to community based services; WHEREAS, collaboration with all entities within Nueces County having police protection and detention powers is essential for accomplishment of stated purpose; WHEREAS, the City of Corpus Christi herein "City" has police protection and detention powers; WHEREAS, Chapter 791 of the Texas Government Code, as amended authorized contracts between local governmental agencies to perform governmental functions, inclusive of section 791.025, Texas Government Code which permits agreements between local governments foi the purchase of goods and services and satisfies the requirement of local governments to seek competitive bids for the purchase of goods and services. NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by the City and County upon and for the mutual considerations stated herein: WITNESSETH Section 1. Obligations of City City agrees to the following: Provide a Crisis Intervention Team (CIT) Coordinator /Trainer on an as needed basis to assist with the curriculum development and training of Law Enforcement Officers, Dispatchers and Correctional Officers. Page Iof6 Recruit Corpus Christi Police Officers. herein "Officers," for the 40 -hour Crisis Intervention Team specialized training. Allow Officers to participate in the 40 -hour Crisis Intervention Team specialized training designed to teach: a. Law enforcement safety b. Mental health related topics c. Crisis resolution skills d. De- escalation training e. Access to community -based services Maximum number of paid Crisis Intervention Team slots available 20 per year. Number is subject to change upon written agreement by both parties. 4. Develop internal policies and procedures to utilize trained Corpus Christi Police Department Crisis Intervention Team Officers in the field. Allow Dispatchers to participate in a 4 hour Crisis Intervention Recognition training course designed to teach: a. Recognition and Assessment of a Mental Health Crisis Event b. Appropriate Questions to Ask Caller c. Identify Nearest Crisis Intervention Team Officer d. Policies and Procedures Maximum number of paid Crisis Intervention Recognition slots available 55. Number is subject to change upon written agreement by both parties. 6. Educate Supervisors and Command staff on Crisis Intervention Team policies and procedures. Participate in Crisis Intervention Team recognition events, training ceremonies, and community Crisis Intervention Team awareness events. Provide representation for scheduled Project Advisory Committee Meetings. Assist in obtaining additional funding for the continuation of the Crisis Intervention Team training after the Grant ends. 10. Provide Fifty Thousand Dollars ($50,000) by February 15, 2007 to the County to be used as a local match for the Grant. Section 2. Obligations of County Reimburse the Corpus Christi Police Department the cost of the Officer's 40 -hour wages (excluding overtime) for every Officer that completes the Crisis Intervention Team training conducted for the Jail Diversion Program, not to exceed $30152.93. Any and all invoices for reimbursement shall be submitted to the County within thirty (30) days of expenditure. Invoices shall contain a Page 2 of 6 reasonable amount of detail. The County reserves the right to withhold payment pending any verification of invoice to be determined in the reasonable discretion of the County Reimburse the Corpus Christi Police Department the cost of the Dispatchers 4- hour wages (including ,)vertime) for every Dispatcher that completes the Crisis Intervention Recognition training course conducted for the Jail Diversion Program, not to exceed S11,307.35. Any and all invoices for reimbursement shall be submitted to the County within thirty (30) days of expenditure. Invoices shall contain a reasonable amount of detail. The County reserves the right to withhold payment pending any verification of invoice to be determined in the reasonable discretion of the County. Reimburse the Corpus Christi Police Department the cost of one CIT Trainer's 40 -hour wages (excluding overtime) for every Crisis Intervention Team training conducted for the Jail Diversion Program, not to exceed $3015.29. Any and all invoices for reimbursement shall be submitted to the County within thirty (30) days of expenditure. Invoices shall contain a reasonable amount of detail. The County reserves the right to withhold payment pending any verification of invoice to be determined in the reasonable discretion of the County. 4. Coordinate all Crisis Intervention Team training, recognition, and community Crisis Intervention Team awareness events. As the lead agency, provide programmatic and financial oversight of the Grant. Serve as the fiscal conduit for the Grant. Be responsible for completing and submitting reports as mandated by SAMHSA. Provide technical assistance to partnering agencies. Work in collaboration with community stakeholders to design a comprehensive service delivery system. 0. Develop general policies and procedures for referrals to partnering agencies. Section 3. Term This Agreement shall be in effect for a period done year, from January 24, 2007 through January 23, 2008. This Agreement may be renewed annually for subsequent one year terms This Agreement may be terminated by either party, without cause, upon thirty days notice to the•other party. Page 1of6 Section 4. Liability Nothing in the performance of this Agreement shall impose any liability for claims against County other than claims for which liability may be imposed by the Texas Tort Claims Act. Nothing in the performance of this Agreement shall impose any liability for claims against City other than claims for which liability may be imposed by the Texas Tort Claims Act. Each party to this Agreement will be responsible for its own action in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 5. Notices MI notices, demands, requests, or replies for or permitted by a party under this Agreement must be in writing and shall be by registered or certified United States mail or by a recognized commercial carrier or delivery services as follows: NUECES COUNTY: CITY OF CORPUS CHRISTI: Section 6. Current Revenues Nueces County Judge Nueces County Courthouse 901 Leopard, Rm. 303 Corpus Christi, Texas 78401 Each party paying for the performance of governmental services pursuant to this Agreement must make those payments from current revenues available to the paying party Section 7. Annual Appropriations The parties mutually agree and understand that funding under this agreement is subject to annual appropriations by the County and that each fiscal year's funding must be included in the budget for that year and is not effective until approved by the County Commissioners Court. Section 8. Compliance with Laws Page 4 of 6 All parties agree to comply with all applicable city, state, and federal laws, regulations, and rules that may pertain to each party's performance under this Agreement. Section 9. Amendment This Agreement may be amended only by written agreement approved by each respective governing body at a noticed meeting and signed by the County Judge and the City Section 10. Independent Contractor This Agreement will not be construed as creating an employer /employee relationship between Contractor and County Section 11. Venue Venue for resolution by a court of competent jurisdiction of any dispute arising under the terms of this Agreement, or for enforcement of the provisions of this Agreement, is specifically set by Agreement of the parties in Nueces County, Texas. Section 12. Entirety Clause This Agreement contains the entire understanding and agreement between the parties, and no oral statements or representations or prior written matter not contained in this Agreement shall have any force and effect. Section. 13. Severability If a court of competent jurisdiction determines that any term of this Agreement is invalid or unenforceable to any extent under applicable law, the remainder of this Agreement (and the application of this Agreement to other circumstances) shall not be affected thereby, and each remaining term shall be valid and enforceable to the fullest extent permitted by law. EXECUTED on the dates indicated below binding the respective parties as of the last date of execution below. NUECES COUNTY By Date: Samuel L. Neal, Jr., County Judge Attest : Page 5 of 6 By: Diana T Barrera, County Clerk CITY OF CORPUS CHRISTI By: Attest; By: Page 6 of 6 Date: RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT WITH NUECES COUNTY TO PARTICIPATE IN THE CRISIS INTERVENTION TEAM (CIT), PROVIDE OFFICERS TRAINED IN CRISIS INTERVENTION TO SERVE ON THE TEAM, AND PROVIDE A GRANT MATCH OF $50,000 TO PARTICIPATE IN THE CRISIS INTERVENTION TEAM (CIT). 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 Government Agreement, in compliance with Chapter 791 of the Government Code, with Nueces County to participate in the Crisis Intervention Team (CIT), to provide officers trained in crisis intervention to serve on the team, and provide a grant match of $50,000 to participate in the CIT. ATTEST: Armando Chapa City Secretary APPROVED: c‘rtea , 2007 Joseph F rney Assistant City Attorney For City Attorney Resol -I ntAg- Cty -CI T. d oc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott Re soli ntAg -Cty -C I T . d oc 2 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 13, 2007 AGENDA ITEM: ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A FIVE YEAR LEASE AND USE AGREEMENT WITH PADRE SOCCER LEAGUE ( "LESSEE ") FOR USE OF CITY PROPERTY (BILL WITT PARK YOUTH SOCCER COMPLEX) FOR LESSEE'S YOUTH SOCCER PROGRAMS AND IN CONSIDERATION OF LESSEE MAINTAINING THE PREMISES AND IMPROVEMENTS; AND DECLARING AN EMERGENCY. ISSUE: Padre Soccer League has requested a renewal of their lease so that they may continue sponsoring youth soccer play for male and female participants' ages 4 —19 years of age at the Bill Witt Park Youth Soccer Complex. REQUIRED COUNCIL ACTION: The City Council must approve all multi -year leases. PREVIOUS COUNCIL ACTION: The City Council previously approved a five -year lease with Padre Soccer League in 1996. FUNDING: No funding involved. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council authorize the renewal of the lease with Padre Soccer League. Sally Gavl Parks an Attachments: Background Information !rector Recreation Department BACKGROUND INFORMATION Padre Soccer League is a member league in good standing with Coastal Bend Youth Soccer Association. The leagues previous contract was created in 1996, and has leased the current complex at Bill Witt Park for most of that time. The league's complex on Bill Witt Park Youth Sports Complex includes 10 soccer fields. The leagues contract renewal includes the requirement to implement a Sportsmanship program. The league will be required to have all of their coaches and at least one family member of each youth participant take a state or nationally recognized, or Parks Director approved, parent and coach sportsmanship program. Page 1 of 2 ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A FIVE YEAR LEASE AND USE AGREEMENT WITH PADRE SOCCER LEAGUE ( "LESSEE ") FOR USE OF CITY PROPERTY (BILL WITT PARK YOUTH SOCCER COMPLEX) FOR LESSEE'S YOUTH SOCCER PROGRAMS AND IN CONSIDERATION OF LESSEE MAINTAINING THE PREMISES AND IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT; SECTION 1. City Manager or designee is authorized to execute a five year Lease and Use Agreement with Padre Soccer League (lessee") for the use of City property (Bill VVitt Park Youth Soccer Complex ) for Lessee's youth soccer programs and in consideration of Lessee maintaining the premises and improvements. A copy of the Lease Agreement (with attachments) is attached as Exhibit "A" and a copy is on file with the City Secretary SECTION 2. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure or this _ __ day of , 2006. ATTEST; Armando Chapa City Secretary NAB_ boy - Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney 20 October 2006 CITY OF CORPUS CHRISTI Henry Garrett. Mayor S(Dc,'e.03 061PARK &REC.2 7 \Lease &Us eAgreemt \2006106 '020 !i`. PadreScc.rLease Use- 5YrAgmt.Ord.doc Page 2 of 2 Oorpus Christi, Texas _day of , 2006 TO THE MEMBERS OF THE CITY COUNCIL: ,crpus Christi. Texas °-or 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper .perry Garcia William Kelly Rex A Kinnisor. ,john E Marez esse Noyola Mark Scott jDoy.e 03 O6SPARK &RED 2'1Lease &Us eAgreemt\2006106 '020C: Pad,eSoc rLease Use SYrAgmt.Ord doc 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 13, 2007 AGENDA ITEM: Motion approving authorized list of financial underwriters. ISSUE: The City of Corpus Christi solicited qualification statements for firms to participate in an underwriting pool from which underwriting teams may be selected for specific financings and received 24 responses. The responses were reviewed and categorized by a review committee ( "the committee") consisting of our financial advisor, Mark Seal with M. E. Allison and Company, Inc., the Director of Financial Services, the Deputy Director of Financial Services, and the Assistant Director of Financial Services . The committee determined that 18 of the 24 respondents should be included in the City's underwriting pool. Each firm was categorized into groups of national, banks, regional, and minority status. Underwriting teams will be periodically selected from the pool for a specific financing and will participate with the City and its financial advisor with the structuring of financings that are in the best interest of the City. The selected underwriter or group of underwriters will additionally have the sole responsibility ofunderwriting and marketing the obligations to potential investors. In the event a firm approaches the City with an offer of a unique type of service or product, or an opportunity to restructure our debt with an exceptional savings, however, they are not on the approved list, upon verification of qualification, staff will bring before the City Council a recommendation to add that firm to the authorized list of financial underwriters. REQUIRED COUNCIL ACTION: City Council approval of the motion is requested. PREVIOUS ACTION: In September 2003, the City Council was presented with a list of qualified financial underwriters. CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council approve the motion as presented. / /_ Cindy O'Brien Director of Financial Services Attachments: Authorized List of Qualified Financial Underwriters City of Corpus Christi National Scope: List of Qualified Financial Underwriters As of February 13, 2007 1. A. G. Edwards & Sons, Inc. 2. Bear Steams 3. Goldman Sachs 4. JP Morgan Securities Inc:. Morgan Stanley (current dealer of commercial paper) Basking Institutions: Banc of America Securities, LLC (has local office) Frost Bank (has local office) Wells Fargo (has local office) Regional Scope: 1 Coastal Securities 2. Morgan Keegan & Company, Inc. 3 RBC Capital Markets 4 SAMCO Capital Markets. Inc. Southwest Securities Miiority Status: Cabrera Capital Markets. Inc. 2 Estrada Hinojosa & Company, Inc. 3 Loop Capital Markets, L LC 4 Ramirez & Co., Inc. 5 Seibert Brandford Shank & Company, L.L.C. 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 13, 2007 AGENDA ITEM: A. Ordinance by the City Council ofthe City of Corpus Christi, Texas, providing for the issuance of City of Corpus Christi, Texas, Combination Tax and Utility System Revenue Certificates of Obligation, Series 2007, in an aggregate principal amount not in excess of $11,000,000, and ordaining other matters relating to the subject. Ordinance providing for the issuance of three million eight hundred thirty thousand dollars ($3,830,000) of the General Improvement Bonds, Series 2007, of the City of Corpus Christi, Texas, bearing interest at the rates hereinafter set forth, and providing for the levy, assessment and collection of a tax sufficient to pay the interest on said bonds and to create a sinking fund for the payment ofthe principal thereof; repealing all ordinances in conflict herewith; approving the execution of a loan agreement with the Texas Military Preparedness Commission; and providing that this ordinance shall be in force and effect and after the date of its passage. ISSUE: A_. The City has authority to issue up to $11,000,000 in Combination Tax and Utility System Revenue Certificates of Obligation for the reconstruction of Port Avenue from IH37 to US 181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field. The City has determined that the exact amount of Certificates of Obligation to be issued will be $6,985,000. The Certificates will be issued to fund the Flour Bluff Drive street project and the utility work required that is associated to the Flour Bluff Drive and Port Avenue street projects. The payment of these Certificates would be provided from the levy of taxes and from surplus revenues derived from the operations of the City's utility system. The Certificates will be purchased by the Texas Military Preparedness Commission ( "TMPC ") with moneys in the Texas Military Revolving Loan fund in connection with providing financial assistance to the City for projects that will enhance the military value of military facilities located in, near, or adjacent to the City. B The City will issue $3,830,000 in General Improvement Bonds for the street costs associated to the reconstruction of Port Avenue. This Port Avenue project was approved by voters in the November 2004 election. Therefore, the corresponding debt associated with these bonds will fall outside of the tax cap since this is a voter approved project. REQUIRED COUNCIL ACTION: City Council approval of the ordinance providing for the issuance of Combination Tax and Utility System Revenue Certificates of Obligation and approval of the ordinance providing for the issuance of General Improvement Bonds is requested. PREVIOUS COUNCIL ACTION: June 8, 2006 - Resolution authorizing the City Manager to execute an advanced funding agreement with TXDOT in the amount of $153,000 for the North Port Avenue from IH37 to US181 for preliminary engineering and environmental assessment. June, 13, 2006 - Resolution authorizing the City Manager to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Revolving Loan fund for the reconstruction of Port Avenue from IH37 to US181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field. June 13, 2006 - Resolution approving the reimbursement statement expressing the City's official intention to reimburse the costs of projects funded through the Texas Military Revolving Loan Fund. September 12, 2006 - Resolution authorizing the City Manager to execute an advanced funding agreement with TXDOT in the amount of $330,424 for the North Port Avenue from IH37 to US181 for preliminary engineering and design work. January 23, 2007 - Resolution directing publication of notice of intention to issue Combination Tax and Revenue Certificates of Obligation (Texas Military Revolving Loan Project); and resolving other matters relating to the subject. January 23, 2007 - Resolution directing the City Manager to proceed with preparing necessary documents to effect the sale of General Improvement Bonds; and resolving other matters relating to the subject. CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council approve the ordinances as stated. o Cindy O'Bri Director of Financial Services Attachments: Ordinance for Combination Tax and Utility System Revenue Certificates of Obligation Ordinance for General Improvement Bonds Loan Agreement between City of Corpus Christi and Texas Military Preparedness Commission ORDINANCE; NO. ORDINANCE BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, PROVIDING FOR THE ISSUANCE OF CITY OF CORPUS CHRISTI, TEXAS, COMBINATION TAX AND UTILITY SYSTEM REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007, IN AN AGGREGATE PRINCIPAL AMOUNT NOT IN EXCESS OF $1 1.000,000 AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT WHEREAS, the City of Corpus Christi, Texas (the "City" or the "Issuer ") is a "defense community ", as such term is defined in Section 397.001, Texas Local Government Code; and WHEREAS, in accordance with the applicable provisions of Chapter 436, Texas Government Code. the City prepared and submitted an application to the Texas Military Preparedness Commission ( the "TMPC ") seeking financial assistance for the projects described in Section 1 of this Ordinance to enhance the military value of military facilities located in, near, or adjacent to the City; and WHEREAS, the TMPC approved the City's application for financial assistance, and requested the Texas Public Finance Authonty (the "TPFA ") to provide financial assistance for the projects described in Section 1 of this Ordinance; and WHEREAS, the TPFA has agreed to purchase certificates of obligation issued by the City to finance the projects approved by the TMPC; and WHEREAS, on the 23rd day of January, 2007, the City Council of the City passed a resolution authorizing and directing notice of its intention to issue the Certificates of Obligation herein authorized to be issued in an aggregate principal amount not to exceed $11,000,000, to be published in a newspaper as required by Section 271.049 of the Texas Local Government Code; and WHEREAS, said notice was published on January 28, 2007 and February 4, 2007 in the pus Christi Caller - Times, a "newspaper" as described in Section 2051 .044, Texas Government Code, all as required by Section 27 : 049 of the Texas Local Government Code ( "Section 271.049 "); and WHEREAS, no petition, signed by 5% of the qualified electors of the City as permitted by Section 271.049 protesting the issuance of such Certificates of Obligation, has been filed with the City; and WHEREAS, the Certificates of Obligation hereinafter authorized are to be issued and delivered pursuant to Subchapter C of Chapter 271 of the Texas Local Government Code; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS Section 1 AUTHORIZATION OF CERTIFICATES OF OBLIGATION. That the Certificates of Obligation to be issued by the City, designated the "City of Corpus Christi, Texas Combination Tax and Utility System Revenue Certificates of Obligation, Series 2007 ", are hereby authorized to be issued and delivered in the principal amount of $6,985,000, for the purpose of providing part of the funds for paying contractual obligations to be incurred by the City, to -wit: the construction of the partial relocation of Flour Bluff Drive and land acquisition at Waldron Field (including, without limitation, street construction, paved shoulders, pavement markings, and associated roadside drainage), and the payment of fiscal, engineering and legal fees incurred in connection therewith. The term "Certificates" as used in this Ordinance shall mean and include collectively the Certificates ofObligation initially issued and delivered pursuant to this Ordinance and all substitute Certificates of Obligation exchanged therefor, as well as all other substitute Certificates ofObligation and replacement Certificates ofObligation issued pursuant hereto, and the term "Certifi- cate" shall mean any of the Certificates. Section 2. DATE, DENOMINATIONS, NUMBERS AND MATURITIES. That the Certificates shall initially be issued, sold and delivered hereunder as fully registered certificates, w thout interest coupons, dated March I, 2007. in the respective principal amounts set forth in Schedule I to this Ordinance. The Certificates shall be in denominations of $5,000 or any integral multiple thereof( an "Authorized Denomination "), numbered consecutively from R -1 upward, payable :o the TPFA upon the initial delivery of the Certificates, and thereafter to the registered assignee or assignees ofthe Certificates or any portion or portions thereof (in each case, the "registered owner "), and the Certificates shall mature on the maturity date, in each of the years and in the amounts as set forth in Schedule I to this Ordinance. Section 3. REDEMPTION. (a) Optional Redemption. That the City reserves the right to redeem the Certificates maturing on or after September 1, 2017, in whole or in part, in the principal amount of $5,000 or any integral multiple thereof, on September 1, 2016, and on any date thereafter, at the par value thereof plus accrued interest to the redemption date. The years of maturity of the Certificates called for redemption at the option of the City prior to stated maturity shall be selected by the City. The Certificates or portions thereof redeemed within a maturity shall be selected at random and by lot by the Paying Agent /Registrar. (b) Mandatory Redemption. The Certificates are not subject to mandatory sinking fund redemption prior to their scheduled maturities. (c) Notice At Least 30 days prior to the date fixed for any such redemption, (i) a written notice of such redemption shall be given to the registered owner of each Certificate or a portion thereof being called for redemption by depositing such notice in the United States mail, first -class postage prepaid, in the name ofthe City and at the City's expense addressed to each such registered owner at his address shown on the Registration Books (hereinafter defined) of the Paying Agent /Registrar (hereinafter defined) and (ii) notice of such redemption shall be published one (1) time in a financial journal or publication of general circulation in the United States of America or the State of Texas carrying as a regular feature notices of municipal bonds called for redemption; provided, however. that the failure to send, mail, or receive such notice described in (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 Certificate, and it is hereby specifically provided that the publication of notice described in ( ii) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Certificate; and provided, further, that the foregoing notwithstanding, if the [MPC is the registered owner or beneficial owner of 100% in aggregate principal amount of the Certificates, it is hereby specifically provided that the mailing of notice described in (i) above to the TMPC shall be the only notice actually required to be given in connection with or as a prerequisite to the redemption of any Certificate. By the date fixed for any such redenlytion due provision shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or the portions thereof which 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 Certificates, 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 of the 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 of the Certificates or any -4 portion thereof. If a portion of any Certificate shall be redeemed a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any Authorized Denomination, at the written request of the registered owner, equal to the unredeemed portion thereof, will be issued tc the registered owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in this Ordinance. In addition to the foregoing, the City shall cause the Paying Agent/Registrar to give notice of any such redemption in the manner set forth in Section 5(h) hereof The failure to cause such notice to be given. however, or any defect therein, shall not affect the validity or effectiveness of such redemption. Section 4. INTEREST. That interest on the Certificates shall be payable on September 1, 2007. and semiannually thereafter on March 1 and September 1 of each year, until maturity or redemption prior to maturity, to the registered owner of any such Certificate as of the Record Date as defined in the FORM OF CERTIFICATE) next preceding such interest payment date, in the man- ner provided in the FORM OF CERTIFICATE, at the rates per annum as set forth in Schedule I to this Ordinance. interest on the Certificates shall be calculated on the basis of a 360 -day year consisting of twelve 30 -day months. Section 5. CHARACTERISTICS OF THE CERTIFICATES. (a) That the City shall keep or cause to be kept at the corporate trust office in Dallas, Texas (the "Designated Trust Office ") of The Bank ofNew York Trust Company, N.A. (the "Paying Agent /Registrar "), or such other bank, :rust company, financial institution. or other agency named in accordance with the provisions of subsection (g) of this Section hereof, books or records of the registration and transfer of the Certificates (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 transfers and registra- tions under such reasonable regulations as the City and the Paying Agent/Registrar may prescribe; and the Paying Agent /Registrar shall make such transfers and registrations as herein provided. The City Manager or the designee thereof is hereby authorized to execute a "Paying Agent/Registrar Agreement" in such form attached hereto as is approved by the City Attorney. It shall be the duty of the Paying Agent/Registrar to obtain from the registered owner and record in the Registration Books the address of such registered owner of each certificate to which payments with respect to the Certificates shall be mailed, as herein provided. The City or its designee 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. Registration of each Certificate may be transferred in the Registration Books only upon presentation and surrender of such certificate to the Paying Agent /Registrar at the Designated Trust Office for transfer of registration and cancella- tion, together with proper written instruments of assignment, in form and with guarantee ofsignatures satisfactory to the Paying Agent /Registrar, evidencing the assignment of such certificate, or any portion thereof in any Authorized Denomination to the assignee or assignees thereof, and the right of such assignee or assignees to have such certificate or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Certificate or any portion thereof, a new substitute Certificate or Certificates shall be issued in exchange therefor in the manner herein provided. b) The entity in whose name any Certificate shall be registered in the Registration Books at any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether -F- or not such Certificate shall be overdue, and the City and the Paying Agent /Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, of any and interest on any such Certificate shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such certificate to the extent of the sum or sums so paid. e) The City hereby further appoints the Paying Agent /Registrar to act as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to exchange or replace Certificates, 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 Certificates, and of all exchanges of such Certificates, and all replacements of such Certificates, as provided in this Ordinance. d) Each Certificate may be exchanged for fully registered certificates in the manner set forth herein. Each Certificate issued and delivered pursuant to this Ordinance, to the extent of the unre- deemed principal amount thereof, may. upon surrender of such Certificate 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 regis- tered Certificates, without interest coupons, in the form prescribed in the FORM OF CERTIFICATE, in any Authorized Denomination (subject to the requirement hereinafter stated that each substitute certificate 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 of any Certificate or Certificates so surrendered, and payable to the appropriate registered owner. assignee, or assignees, as the case may be. If a portion of any Certificate shall be redeemed prior to its scheduled maturity as provided herein, a substitute Certificate or Certificates having the an 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 surrender thereof for cancellation. If any Certificate or portion thereof is assigned and transferred, each Certificate issued in exchange therefor shall have the same maturity date and bear interest at the same rate as the Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. The Paying Agent /Registrar shall exchange or replace Certificates as provided herein. and each fully registered certificate or certificates delivered in exchange for or replacement of any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Certificates for all purposes of this Ordinance, and may again be exchanged or replaced. It is specifically provided, however, that any Certificate delivered in exchange for or replacement of another Certificate prior to the first scheduled interest payment date on the Certificates (as stated on the face thereof) shall be dated the same date as such Certificate, but each substitute Certificate 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 Certificate is delivered, unless such substitute Certificate 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 Certificate the interest on the Certificate for which it is being exchanged has not been paid, then such substitute Certificate shall be dated as of the date to which such interest has been paid in full. On -s- each substitute Certificate issued in exchange for or replacement of any Certificate or Certificates issued under this Ordinance there shall be printed thereon a Paying Agent/Registrar's Authentication :ertificate (the "Authentication C ertificate"), in the form hereinafter set forth in the FORM OF (CERTIFICATE. An authorized representative of the Paying Agent /Registrar shall, before the delivery of any such substitute Certificate, date such substitute Certificate in the manner set forth above. and manually sign and date the Authentication Certificate, and no such substitute Certificate shall be deemed to be issued or outstanding unless the Authentication Certificate is so executed. The Paying Agent /Registrar promptly shall cancel all Certificates surrendered for exchange or replace- ment. No additional ordinances. orders, or resolutions need be passed or adopted by the City Council or any other body or person so as to accomplish the foregoing exchange or replacement of any ' ertificate or portion thereof, and the Paying Agent /Registrar shall provide for the printing, execu- tion, and delivery of the substitute Certificates in the manner prescribed herein. Pursuant to Chapter 206, Texas Government Code, the duty of exchange or replacement of any Certificates as aforesaid is hereby imposed upon the Paying Agent /Registrar, and, upon the execution ofthe Authentication Certificate, the exchanged or replaced certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates which originally were delivered pursuant o this Ordinance. approved by the Attorney General of the State of Texas (the "Attorney General "), and registered by the Comptroller of Public Accounts of the State of Texas (the "Comptroller "). "either the City nor the Paying Agent /Registrar shall be required (1) to issue, transfer, or exchange any Certificate during a period beginning at the opening ofbusiness 30 days before the day ofthe first mailing of a notice of redemption of Certificates and ending at the close of business on the day of -9- -,uch mailing, or (2) to transfer or exchange any Certificate so selected for redemption in whole when iuch redemption is scheduled to occur within 30 calendar days. (e) All Certificates issued in exchange or replacement of any other Certificate or portion -hereof (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) maybe redeemed prior to their scheduled maturities, ( iii) may be transferred and assigned, (iv) may be exchanged for other Certificates, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Certificates shall be payable, all as provided, and in the manner re- quired or indicated. in the FORM OF CERTIFICATE. (t) The City shall pay all of the Paying Agent /Registrar's reasonable and customary fees and ,-harges for making transfers and exchanges ofCertificates, but the registered owner ofany Certificate requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. In addition, the City hereby covenants with the registered owners of the Certificates that it will pay (i) the reasonable and standard or customary fees and charges of the Paying Agent /Registrar for its services with respect to the payment of the principal of and interest on the Certificates, when due, and (n) the fees and charges of the Paying Agent/Registrar for services with respect to the transfer or registration of Certificates solely to the extent above provided, and with respect to the exchange of Certificates solely to the extent above provided. ( g) The City covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the City will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services ofpaying agent and registrar and transfer agent for the Certificates under this Ordinance, and that the Paying Agent /- Registrar will be one entity. The City reserves the right to, and may, at its option, change the Paying Agent /Registrar upon not less than 60 days written notice to the Paying Agent/Registrar. 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 appoint a competent and legally qualified national or state banking institution which shall be a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to o exercise trust powers, subject to supervision or examination by federal or state authority, and whose qualifications substantially are similar to the previous Paying Agent"Registrar 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 Certificates, to the new Paying Agent /Registrar designated and appointed 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 of the Certificates, 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. (h) (I ) In addition to the manner of providing notice of redemption of Certificates as set forth in this Ordinance, the. Paying Agent/Registrar shall give notice ofredemption of Certificates by United States mail, first -class postage prepaid, at least 30 days prior to a redemption date to each \IRMSIR and the SID (each as defined in Section 20 hereof). In addition, in the event of a Yedemption caused by an advance refunding ofthe Certificates, the Paying Agent/Registrar shall send second notice ofredemption to the TMPC, the TPFA, and the persons specified in the immediately preceding sentence at least 30 days but not more than 90 days prior to the actual redemption date. kny notice sent to the NRMSIRs or 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 ;end a notice of redemption to any owner of a Certificate who has not sent the Certificates in for redemption 60 days after the redemption date. (n) Each redemption notice. whether required in the FORM OF CERTIFICATE or otherwise by this Ordinance, shall contain a description of the Certificates to be redeemed, including the complete name ofthe Certificates, the series, the date ofissue, the interest rate, the maturity date, the CL SIP number. if any. the amounts called of each certificate, the publication and mailing date for the notice, the date ofredemption, the redemption price, the name ofthe Paying Agent /Registrar and the address at which the Certificate may be redeemed, including a contact person and telephone number. All redemption payments made by the Paying Agent/Registrar to the registered owners of the Certificates shall include CUSIP numbers relating to each amount paid to such registered owner. Section 6. FORM OF CERTIFICATES. That the form of the Certificates, including the form of the Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller (the "Comptroller's Certificate ") to be attached to the Certificates initially issued and delivered pursuant to this Ordinance, shall be in substantially the form as set forth in Exhibit A to this Ordinance, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. The printer of the Certificates is hereby authorized to print on the Certificates (i) the form of bond counsel's opinion relating to the Certificates, and (ii) an appropriate statement of insurance furnished by a municipal bond insurance company providing municipal bond insurance. if any, covering all or any part of the Certificates. Section 7. DEFINITIONS. That the term "Code" shall mean the Internal Revenue Code of 1986. and any amendment thereto: the term "Surplus Revenues" shall mean those revenues from the operation ofthe City's Utility System, remaining after payment of all operation and maintenance ex- penses thereof and other obligations heretofore or hereafter incurred to which such revenues have been or shall be encumbered by a hen on and pledge of such revenues superior to the lien on and pledge of such revenues to the Certificates; the term "TMPC" shall mean the Texas Military Preparedness Commission: the term "TPFA" shall mean the Texas Public Finance Authority; and the term "Utility System" shall mean the City's combined waterworks system, wastewater disposal system and gas system. Section 8. INTEREST AND SINKING FUND. That a special fund or account, to be designated the "City of Corpus Christi. Texas Series 2007 Combination Tax and Limited Surplus ?tility System Revenue Certificate of Obligation Interest and Sinking Fund" (the "Interest and Sinking Fund ") is hereby created and shall be established and maintained by the City at its official depository. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City, and shall be used only for paying the interest on and principal ofthe Certificates. Any accrued interest derived from the sale of the Certificates shall be deposited to the credit of the interest and Sinking Fund All ad valorem taxes levied and collected for and on account ofthe Cer- tificates shall be deposited, as collected. to the credit of the Interest and Sinking Fund. During each near while any of the Certificates are outstanding and unpaid, the governing body of the City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of the City, with full allowances being made for tax delinquencies and the cost of tax collections, which will be sufficient to raise and produce the money required to pay the interest on the Certificates as such interest comes due, and to provide a sinking fund to pay the principal of the Certificates as such principal matures, but never less than 2% ofthe original amount of the Certificates as a sinking fund each year. Such rate and amount of ad valorem tax is hereby ordered to be levied against all tax- able property in the City tor each year while any of the Certificates are outstanding and unpaid, and said ad valorem tax shall he assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund The ad valorem taxes necessary to pay the interest on and principal ofthe Certificates, as such interest comes due and such principal matures or comes due through operation of the mandatory sinking fund redemption to the extent provided in the FORM OF CERTIFICATE, are hereby levied and ordered to be levied and pledged for such payment, within the limit prescribed by law. There shall be appropriated from the General Fund of the City for deposit into the Interest and Sinking Fund moneys as may be necessary to pay the scheduled interest payments on the Certificates through March 1, 2008. Section 9 REVENUES. That the Certificates are additionally secured by and shall be payable from the Surplus Revenues. The Surplus Revenues are pledged by the City pursuant to authority of Chapter 1502, Texas Government Code, particularly Section 1502.058 thereof. The Is- suer shall deposit such Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to Section 8, to the extent necessary to pay the principal and interest on the Certificates. Anything in this Ordinance to the contrary notwithstanding, if the City deposits or budgets to be -14- deposited in the Interest and Sinking Fund any other revenues, income or resources, including, without limitation, Surplus Revenues (the "Available Revenues "), in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise w ould have been required to be levied may be reduced to the extent and by the amount of the Available Revenues then on deposit or budgeted to be deposited in the Interest and Sinking Fund. Section 10. TRANSFER. That the City shall do any and all things necessary to accomplish the transfer of monies to the Interest and Sinking Fund in ample time to pay the principal of and interest on the Certificates when due. Section 11. SECURITY FOR FUNDS. That the Interest and Sinking Fund created by this Ordinance shall be secured in the manner and to the fullest extent permitted or required by law for the security of public funds, and the Interest and Sinking Fund shall be used only for the purposes and in the manner permitted or required by this Ordinance. Chapter 1208, Texas Government Code, applies to the issuance of the Certificates and the pledge of ad valorem taxes and the Surplus Revenues granted by the City under Sections 8 and 9, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Certificates are outstanding and unpaid such that the pledge of the ad valorem taxes and Surplus 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 Certificates 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. Section 12, DEFEASAN('E OF CERTIFICATES. (a) Defeased Certificates. That any Certificate and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a " Defeased Certificate ") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date bti irrevocably depositing with or making available to the Paying .Agent /Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement ") for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from or entitled to the benefits of. the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Certificates that is made in conjunction with the payment arrangements specified in subsection 12(a)(i) or (ii) shall not be irrevocable, provided that in the proceedings providing for such payment arrangements, the Issuer expressly (1) reserves the right to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Certificates immediately following the making of the payment -16- arrangements; and (3) directs that notice ofthe reservation be included in any redemption notices that ft authorizes. h) Investment in Defeasance Securities. Any moneys so deposited with the Paying AgentiRegistrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent /Registrar that is not required for the payment of the 'ertificates and interest thereon. with respect to which such money has been so deposited, shall be Turned over to the Issuer. or deposited as directed in writing by the Issuer. Any Future Escrow Ngreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Certificates may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection 12(a)(i) or (ii). All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Certificates, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) Defeasance Securities Defined. The term "Defeasance Securities" means (i) direct, noncallable obligations oft he United States o f America, including obligations that are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality, ,r other political subdivision of a state that have been refunded and that, on the date on the date the governing body of the Issuer adopts or approves the proceedings authorizing the financial arrangements are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. (d) Paying Agent /Registrar Services. Until all Defeased Certificates shall have become due and payable, the Paying Agent /Registrar shall perform the services ofPaying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 11> DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates That in the event any outstanding Certificate is damaged, mutilated. lost, stolen, or destroyed, the Paying Agent /Registrar shall cause to be printed, executed, and delivered, a new certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate m the manner hereinafter provided (b) Application for Replacement Certificates. That application for replacement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent /Registrar. In every case of loss, theft, or destruction of a Certificate, the registered owner applying for a replacement certificate 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 Certificate, the registered owner shall furnish to the City and to the Paying Agent /Registrar evidence to their satisfaction of the loss. theft, or destruction of such Certificate, as the case may be. In every -18- ase of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying kgentRegistrar for cancellation the Certificate so damaged or mutilated. (e) No Default Occurred. That notwithstanding the foregoing provisions ofthis Section, in he event any such Certificate shall have matured, and no default has occurred which is then ontinuing in the payment ofthe principal of or interest on this Certificate, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated ertificate) instead of issuing a replacement certificate, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Certificates. That prior to the issuance of any replacement certificate, the Paying Agent /Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement Certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost. stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed C ertificate 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 Certificates duly issued under this Ordinance. (e) Authority for Issuing Replacement Certificates. That in accordance with Chapter 1206, l exas Government Code, this Section ofthis Ordinance shall constitute authority for the issuance of any such replacement Certificate without necessity of further action by the City or any other body or person. and the duty ofthe replacement of such Certificates is hereby authorized and imposed upon he Paying Agent /Registrar, and t he Paying Agent /Registrar shall authenticate and deliver such r7ertificates in the form and manner and with the effect. as provided in Section 5(a) ofthis Ordinance !or Certificates issued m conversion and exchange of other Certificates. -19- Section 14 COVENANTS REGARDING TAX EXEMPTION. That the City covenants to refrain from any action which would adversely affect, or to take such action as to ensure, the treatment ofthe Certificates as obligations described in section 103 ofthe Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the City covenants as follows. (a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)( 6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the City, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment ofmore than 10 percent of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code; (b1 to take any action to assure that in the event that the "private business use" described in clause (a) hereof exceeds 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) then the amount in 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 S5,000.000, or five percent of the proceeds of the Certificates (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; -20- (d) to refrain from taking any action which would otherwise result in the Certificates being treated as "specified private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (1) to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) ofthe Code) which produces a materially higher yield over the term ofthe Certificates, other than investment property acquired with -- ( 1 ) proceeds ofthe Certificates invested for a reasonable temporary period of three years or less until such proceeds are needed for the purpose for which the Certificates 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 in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates; (g) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 ofthe Code (relating to arbitrage) and, to the extent applicable. section 149(d) of the Code (relating to advance refundings); and -21. (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 Certificates) an amount that is at least equal to 90 percent ofthe "Excess Earnings," within the meaning of section 148(0 ofthe Code and to pay to the United States of America, not later than 60 days after the Certificates have been paid in full. 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(0 of the Code. For purposes of the foregoing clauses (a) and (b), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds. transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance ofthe Certificates. It is the understanding ofthe City that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the S. Department of the Treasure pursuant thereto. In the event that regulations or ruling are hereafter promulgated which modify or expand provisions of the Code, as applicable to the Certificates, the City 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 Certificates under section 103 of the ('ode. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Certificates, the City agrees to comply with the additional requirements to the extent necessary, in the opinion ofnationally- recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates under section 103 ofthe Code. In furtherance of such intention, the City hereby authorizes and directs the Mayor, the City Manager and the Director of Financial Services to execute any documents, certificates or reports required by the Code. and to make such elections on behalf of the City which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates. In order to facilitate compliance with clause (h) above, a "Rebate Fund" is hereby established b� the City for the sole benefit of the United States of America, and the Rebate Fund shall not be subject to the claim of anv other person. including without limitation the holders of the Certificates. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code Section 15. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE PROJECT. That the Issuer covenants to account for the expenditure of proceeds from the sale of the Certificates and any investment earnings thereon to be used for the purposes described in Section of this Ordinance (such purpose referred to herein and Section 16 hereof as a "Project ") on its hooks and records 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) such Project is completed. The foregoing notwithstanding, the Issuer shall not expend such proceeds or investment earnings more than 60 days after the earlier of (a) the fifth anniversary of the date of delivery of the Certificates or (b) the date the Certificates are retired, unless the Issuer obtains an opinion of nationally - recognized bond counsel substantially to the effect that such expenditure will not adversely affect the tax - exempt status of the Certificates. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if It obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 16. DISPOSITION OF PROJECT. That the Issuer covenants that the property constituting a Project will not be sold or otherwise disposed in a transaction resulting in the receipt 2z_ by the Issuer of cash or other compensation, unless the Issuer 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 Certificates. For purposes of the foregoing, the portion ofthe property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 1 7. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES. That the City Manager of the City is hereby authorized to have control of the Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General. and their registration by the Comptroller Upon registration of the Certificates the Comp- troller ( or a deputy designated In writing to act for the Comptroller) shall manually sign the Comptroller's Certificate attached thereto, and the seal of the Comptroller shall be impressed, or placed in facsimile, on the Comptroller's Certificate. The City Council hereby authorizes the payment ofthe fee of the Office of the Attorney General for the examination of the proceedings relating to the issuance of the Certificates, in the amount determined in accordance with the provisions of Section 1202.004, Texas Government Code. Section 18 SALE OF CERTIFICATES. (a) Sale to Texas Military Preparedness Commission, That the sale of the Certificates to the TMPC, at the purchase price of par, is hereby authorized, ratified and confirmed. One Certificate in the principal amount maturing on each maturity -24- date as set forth in Schedule I attached to this Ordinance shall be delivered to the TMPC, and the TMPC shall have the right to exchange such Certificates as provided in Section 5 hereofwithout cost. b) Execution of `,oan Agreement. That the Loan Agreement between the City and the TMPC, in substantially the form attached to this Ordinance, is hereby accepted, approved and authorized to be executed and delivered to the TMPC. In connection with the execution and delivery of the Loan Agreement, the City hereby reaffirms the representations made by the City in the application for financial assistance submitted to the TMPC. (c) Proceeds from Sale of C.'ertificates. That the proceeds from the sale of the Certificates shall be used in the manner described in the letter of instructions executed by or on behalf of the City. The foregoing notwithstanding, any proceeds representing accrued interest on the Certificates shall be deposited to the credit of the Interest and Sinking Fund. Section 19. FINANCIAL INFORMATION. That the City agrees in connection with the purchase of the Certificates by the TMPC that for so long as the TMPC is a registered owner or beneficial owner of the Certificates, it will furnish to the TMPC each year while the Certificates are outstanding a copy of the City's comprehensive annual financial report (the "CAFR ") promptly after the CAFR has been accepted and approved by the City Council. Section 20. CONTINUING DISCLOSURE OBLIGATION. (a) Definitions. That as used in this Section. the following terms have the meanings ascribed to such terms below: "MAC" means the Muncipal Advisory Council of Texas. "MSRB" means the Municipal Securities Rulemaking Board. -25 " NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SE(: Rule 1 c2- 12. as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means 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 meaning of the Rule from time to time. b) Annual Reports. (i) the City shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 2007, financial information and operating data with respect to the City of the general type described in Exhibit B hereto. Any financial statements so to be pro vided shall be (1) prepared in accordance with the accounting principles described in Exhibit B hereto. or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. 1 f the audit of such financial statements is not complete within such period, then the City shall provide unaudited financial statements by the required time, and shall provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements becomes 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 financial information and operating data pursuant to this Section. The financial -26- 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 NRMSIR and any SID or filed with the SEC. c) 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 Certificates of Obligation, if such event is material within the meaning of the federal securities laws: L Principal and interest payment delinquencies: 2. Non- payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4 Unscheduled draws on credit enhancements reflecting financial difficulties; 5 Substitution of credit or liquidity providers, or their failure to perform; 6 Adverse tax opinions or events affecting the tax - exempt status of the Certificates; 7 Modifications to rights of holders of the Certificates; 8. Certificate calls: 9 Defeasances, 10 Release. substitution, or sale of property securing repayment of the Certificates, and 11 Rating changes. 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 financial information or operating data in accordance with subsection 'b) of 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 http: / /www.disclosureusa.org, unless the SEC has withdrawn the interpretive advice stated in its letter to the MAC dated September ? . 2004 d) Limitations, f)isclaimers, and Amendments. (i) The City shall be obligated to observe and perform the covenams specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the City in any event will give notice of any deposit made m accordance with this Ordinance or applicable law that causes Certificates 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 Certificates, 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 t)r warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE 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 SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SIJCH BREACH S HALL BF LI MI TED TO AN .ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. -28- iv) No default by the City in observing or performing its obligations under this Section shall comprise a breach of or default under the 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 of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering ofthe Certificates in compliance with the Rule, taking into account any amendments =:)r interpretations ofthe Rule since such offering as well as such changed circumstances and (2) either a) the registered owners (f 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 Certificates consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest ofthe registered owners and beneficial owners of the Certificates. If the City so amends the provisions of this Section. it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The ('ity 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 jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions ofthis sentence would not prevent an underwriter from lawfully purchasing selling Certificates in the primary offering of the Certificates. -29 Section 21 DEFAULT AND REMEDIES. (a) Events of Default. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an "Event of Default" (i t the failure to make payment of the principal of or interest on any ofthe Certificates when the same becomes due and payable; or (ii) 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 Certificates, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any registered owner to the City. ( b) Remedies for Default. (i) Upon the happening 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 ofthe 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 to enjoin any act or thing that may be unlawful or in violation of any right of the registered owners hereunder or any combination of such remedies. (ti i It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all registered owners of Certificates then outstanding. c) Remedies No Exclusi.,e. i 1 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 he in addition to every other remedy given hereunder or under the Certificates or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision ofthis Ordinance. the right to accelerate the debt evidenced by the Certificates shall not be available as a remedy under this Ordinance. The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. ) By accepting the delivery of a Certificate 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. (iv) None of the members of the City Council, nor any other official or officer, agent, or employee of the City, ihall 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 Lrdinance. Section 22. DTC REGISTRATION. That to the extent provided in the Loan Agreement, the Certificates may be ssued and delivered in such manner that no physical distribution of the Certificates will be made to the public, and The Depository Trust Company ("DTC"), New York, ew York, initially will act as depository for the Certificates, consistent with previously issued obligations by the City that are held in book -entry form with DTC. If any Certificate is registered in the name of CEDE & CO , the Paying Agent /Registrar shall treat and deal with DTC the same in all respects as if it were the actual and beneficial owner thereof. The City is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services. will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or its participants. or protecting any interests or rights of the beneficial owners of the Certificates. The City does not represent. nor does it in any way covenant that the initial book -entry system established with I)TC will he maintained in the future. The City heretofore has executed a 'Blanket Letter of Representations" prepared by DTC in order to implement the book -entry system described above. Section 23. INTEREST EARNINGS. That interest earnings derived from the investment of proceeds from the sale of the Certificates shall be used along with other proceeds for the construction of the permanent improvements set forth in Section 1 hereof for which the Certificates are issued; provided that after completion of such permanent improvements, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on proceeds which are required to be rebated to the United States of America pursuant to this Ordinance hereof in order to prevent the Certificates from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. Section 24. 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 2007 General Improvement Bonds Construction Fund" (the "Construction Fund ") for use by the City for payment of all lawful costs associated with the acquisition, improvement and extension of the Project as hereinbefore provided. There shall be deposited to the Construction Fund those proceeds from the sale of the Bonds specified in the letter of instructions described in Section 18(c) 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 14 of this Ordinance, to the extent the City is hable to pay rebate amounts to the United States ofAmerica pursuant to the terms of the Code and NEXT to the Interest and Sinking Fund. Section 25. OFFICIALS AUTHORIZED TO ACT ON BEHALF OF THE CITY. That the Mayor, the City Manager, any Assistant City Manager, the Director of Financial Services of the City, the City Secretary or Assistant City Secretary, 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, acknowledge, and deliver in the name and under the seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions ofthis Ordinance, the Certificates, the Loan Agreement described in Section 1 8(b) of this Ordinance, or the Paying Agent /Registrar Agreement. In case any officer whose signature appears on any Certificate shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. The City Council hereby authorizes the payment of the fee of The Office of the Attorney General of the State of Texas for the examination of the proceedings relating to the issuance ,f the Certificates, in the amount determined in accordance with the provisions of Section 1202.004. Texas Government Code. Section 26 RULES OF CONSTRUCTION. That for all purposes ofthis Ordinance, unless We context requires otherwise, all references to designated Sections and subsections are to the Sections and subsections efthis Ordinance. The words ''herein ", "hereof' and "hereunder" and other -33. 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 impart the singular number shall be considered to include the plural number and vice versa. References to any named person means that party and its successors and assigns. References to any constitutional, statutory or regulatory provision rneans 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 described herein. Any reference to "FORM OF CERTIFICATE" shall refer to the form of the Certificates set forth in Exhibit A to this Ordinance. The titles and headings of the Sections and subsections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any ofthe terms or provisions hereof. The findings set forth in the preamble to this Ordinance are hereby incorporated into the body of this Ordinance and made a part hereof for all purposes. Section 27. IMMEDIATE EFFECT. That in accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. Section 28. CONFLICTING PROCEEDINGS. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. ADOPTED this th day of February, 2007. Mayor, City of Corpus Christi, Texas JTES1 City Secretary, City of Corpus Christi, Texas (SEAL) , - APPROVED THIS DAY OF FEBRUARY, 2007: MARY KAY FISCHER, CITY ATTORNEY SCHEDULE I The Certificates shall mature on September 1 in each of the years, in the amounts, and bear interest at the interest rates per annum, as set forth in the following schedule: YEARS AMOUNTS ($) INTEREST RATES ( %) 2010 290,000 4.000 2011 300,000 4.000 2012 315,000 4.000 2013 325,000 4.000 2014 340,000 4.250 2015 355,000 4.250 2016 370,000 4.250 2017 385,000 4.000 2018 405,000 4.000 2019 420,000 4.000 2020 435,000 4.125 2021 455,000 4.125 2022 475,000 4.250 2023 495,000 4.250 2024 515,000 4.375 2025 540,000 4.375 2026 565,000 4.375 FORM OF CERTIFICATE NO. R- __ $ UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND UTILITY SYSTEM REVENUE CERTIFICATE OF OBLIGATION SERIES 2007 MATURITY DATE INTEREST RATE DATE OF DELIVERY CUSIP March 15, 2007 ON THE MATURITY DATE specified above, THE CITY OF CORPUS CHRISTI, TEXAS (the "City" or the "Issuer "), being a political subdivision of the State of Texas, hereby promises to pay to (hereinafter called the "registered owner ") the principal amount of DOLLARS and to pay interest thereon from the Date of Delivery specified above, on September 1, 2007, and semiannually on each March 1 and September 1 thereafter to the maturity date specified above or the date of its redemption prior to scheduled maturity, at the interest rate per annum specified above; except that if this Certificate is required to be authenticated and the date of its authentication is later than September 1, 2007, such interest is payable semiannually on each March 1 and September : following such date. THE PRINCIPAL_ OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America. without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the corporate trust office in Dallas, Texas (the "Designated Trust Office ") of The Bank of New York Trust Company, N.A. (the "Paying Agent /Registrar "). The payment of interest on this Certificate shall be made by the Paying Agent /Registrar to the registered owner hereof as shown by the Registration Books kept by the Paying Agent /Registrar at the close of business on the 15th day of the month next preceding such interest payment date by check drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required to be on deposit with the Paying Agent, Registrar for such purpose as hereinafter provided; and such check shall be sent b the Paying Agent /Registrar by _ nited States mail, first -class postage prepaid, on each such in- erest payment date, to the registered owner hereof at its address as it appears on the Registration Books kept by the Paying Agent: Registrar, as hereinafter described, or by such other method, acceptable to the Paying Agent /Registrar, requested by, and at the risk and expense of, the registered owner. The Issuer covenants with the registered owner of this Certificate that no later than each principal payment and/or interest payment date for this Certificate it will make available to the Paying Agent /Registrar from the Interest and Sinking Fund as defined by the ordinance authorizing the Certificates (the "Certificate Ordinance ") the amounts required to provide for the payment in immediately available funds. of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a 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 ex- ecutive 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 sf made on the original date payment was due. Notwithstanding the foregoing, during any period in which ownership of the Certificates is determined only by a book entry at a securities depository for the Certificates, any payment to the securities depository, or its nominee or registered assigns. shall be made in accordance with existing arrangements between the Issuer and the securities depository. THIS CERTIFICATE is one of a Series of Certificates (the "Certificates ") dated as of March 1. 2007, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $6,985,000 FOR THE PURPOSE OF PROVIDING PART OF THE FUNDS FOR PAYING CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR THE CITY, TO -WIT: paying contractual obligations to be incurred with respect to the construction of the partial relocation of Flour Bluff Drive and land acquisition at Waldron Field (including, without limitation, street construction. paved shoulders, pavement markings, and associated roadside drainage), and the payment of fiscal, engineering and legal fees incurred in connection therewith. ON SEPTEMBER 1, 2016, or on any date thereafter, the Certificates of this Series maturing on September a , 2017 and thereafter may be redeemed prior to their scheduled matur- ities, at the option of the Issuer. with funds derived from any available and lawful source, as a whole, or in part (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at par and accrued interest to the date fixed for redemption. The years of maturity of the Certificates called for redemption at the option of the Issuer prior to stated maturity shall be selected by the Issuer. The Certificates or portions thereof redeemed within a maturity shall be selected at random and by lot by the Paying Agent /Registrar; provided, that during any period in which ownership of the Certificates is determined only by a book entry at a securities depository for the Certificates, if fewer than all of the Certificates of the same maturity and bearing the same interest rate are to be redeemed, the particular Certificates of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository. AT LEAST 30 days prior to the date fixed for any such redemption, (a) a written notice of such redemption shall be given to the registered owner of each Certificate or a portion thereof being called for 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 of the Paying Agent /Registrar and (b) notice of such redemption shall be published one (1) time in d financial journal or publication of general circulation in the United States of America or the State of Texas carrying as a regular feature notices of municipal bonds called for redemption, provided, however, that the failure to send, mail, or receive such notice described in (a) above, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness f the proceedings for the redemption of any Certificate, and the Certificate Ordinance provides that the publication of notice as described in (b) above shall be the only notice actually required in onnection with or as a prerequisite to the redemption of any Certificates; and provided, further, that the foregoing notwithstanding, if the Texas Military Preparedness Commission ( "TMPC ") is the registered owner or beneficial owner of 100% in aggregate principal amount of the Certificates, it is hereby specifically provided that the mailing of notice described in (a) above to TMPC shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Certificate. 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 `rice for this Certificate or the portion hereof which is to be so redeemed, plus accrued interest hereon 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, this Certificate, or the portion hereof which is to be so redeemed. thereby automatically shall be redeemed prior to its scheduled maturity_ and shall not bear interest after the date fixed for its redemption, and shall not be regarded as being outstanding e'cept for the right of the registered owner to receive the redemption price plus accrued interest to the date fixed for redemption from the Paying kgent /Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall ecord in the Registration Books all such redemptions of principal of this Certificate or any portion hereof. If a portion of any Certificate shall be redeemed a substitute Certificate or ' ertificates having the same maturity date, bearing interest at the same rate, in any denomination hr denominations in any integral multiple of $5,000, at the written request of the registered ,wrier, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued o the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered :: ertificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate, or any unredeemed portion hereof, may, at he request of the registered owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons. payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner. assignee, or assignees, as the case may be, upon surrender of this Certificate to he Paying Agent /Registrar at its Designated Trust Office for cancellation, all in accordance with ,.he form and procedures set forth in the Certificate Ordinance. Among other requirements for ,uc h assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent /Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Certificate may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any portion or portions hereof from time to time by the registered owner. The Issuer shall pay the Paying Agent/Registrar's reasonable standard or customary fees and charges for transferring and exchanging any Certificate or portion thereof. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, or exchange as a condition precedent to the exercise of such privilege. In any circumstance, neither the Issuer nor the Paying Agent /Registrar shall be required (1) to make any transfer or exchange during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of ertificates and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any certificates so selected for redemption when such redemption is scheduled to occur within 30 calendar days. WHENEVER the beneficial ownership of this Bond is determined by a book entry at a securities depository for the Certificates, the foregoing requirements of holding, delivering or transferring this Certificate shall be modified to require the appropriate person or entity to meet the requirements of the securities depository as to registering or transferring the book entry to produce the same effect. IN THE EVENT any Paying Agent /Registrar for the Certificates is changed by the Issuer, resigns. or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that n promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; 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 Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a direct obligation of the City, issued on the full faith and credit thereof; that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City, and have been pledged for such payment, within the limit prescribed by law: and that a pledge of the "Surplus Revenues" (as defined in the Certificate Ordinance) of the Ciiy's Utility System (as defined in the Certificate Ordinance) remaining after payment of all maintenance and operation expenses thereof, and all other obligations now or hereafter payable therefrom, as provided in the Certificate Ordinance, have been pledged as additional security for the Certificates. EN WITNESS WHEREOF, this Certificate has been signed with the manual or facsimile signature of the Mayor of the City, attested by the manual or facsimile signature of the City Secretary of the City, and the official seal of the City has been duly affixed to, impressed, or placed in facsimile. on this Certificate. xxxxxx xxxxxx City Secretary, City of Mayor, City of Corpus Christi, Texas Corpus Christi, Texas SEAL) FORM OF PAYING AGENT /REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT /REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate of Obligation has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate of Obligation; and that this Certificate of Obligation has been issued in exchange for or replacement of a certificate of obligation, certificates of obligation, or a portion of a certificate of obligation or certificates of obligation 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. By Authorized Representative FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED. the undersigned hereby sells, assigns and transfers unto Please insert Social Security or Taxpayer Identification Number of Transferee) ( Please print or typewrite name and address, including zip code of Transferee) the within Certificate of Obligation and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to register the transfer of The within Certificate Hof Obligation on 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 hank or trust company. NOTICE: The signature above must correspond with the name of the Registered Owner as it appears upon the front of this Certificate of Obligation in every particular, without alteration or or enlargement or any change whatsoever. *FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO THE CERTIFICATES UPON INITIAL DELIVERY THEREOF OFFICE OF COMPTROLLER STATE OF TEXAS REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY HAND and seal of office at Austin, Texas this Comptroller of Public Accounts of SEA- the State of Texas NOTE TO PRINTER: ' not to be on certificate Exhibit B to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 20 of this Ordinance. annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified below: The City has heretofore filed with each NRMSIR and the SID its official statement with respect to that certain issue of $18,605,000 City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation. Series 2006. In the ordinance authorizing the issuance of such Certificates, the City agreed to update annually fmancial information and operating data with respect to the City of the general type included in such official statement in Appendix A, under the headings "Debt Payable from Taxes ", "General Revenues ", "General Expenses ", "Ad Valorem Taxes ". "Five Year Operating Statement for Solid Waste ", "Municipal Hotel Occupancy Taxes ", and "The Tax Increment Financing Act "; and Appendix C to such Official Statement. "Combined Financial Statements of the City of Corpus Christi, Texas ". The above- described financial information and operating data with respect to the City is hereby incorporated by reference, and in Section 20 of this Ordinance the City has agreed to annually update such financial information and operating data in accordance with Rule 15c2 -12, promulgated by the United States Securities and Exchange Commission. 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. ORDINANCE NO, AN ORDINANCE PROVIDING FOR THE ISSUANCE OF THREE MILLION EIGHT HUNDRED THIRTY THOUSAND DOLLARS ($3,830,000) OF THE GENERAL IMPROVEMENT BONDS, SERIES 2007, OF THE CITY OF CORPUS CHRISTI, TEXAS, BEARING INTEREST AT THE RATES HEREINAFTER SET FORTH, AND PROVIDING FOR THE LEVY, ASSESSMENT AND COLLECTION OF A TAX SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AND TO CREATE A SINKING FUND FOR THE PAYMENT OF THE PRINCIPAL THEREOF; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; APPROVING THE EXECUTION OF A LOAN AGREEMENT WITH THE TEXAS MILITARY PREPAREDNESS COMMISSION; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE WHEREAS, it is deemed advisable and to the best interest of the City of Corpus Christi (the "City" or the "Issuer ") that certain bonds authorized at an election held November 2, 2004 be combined in a single issue and sold at this time, the amount of bonds authorized thereat, purpose, amount of bonds previously sold and the amount now to be sold being as follows: AMOUNT AUTHORIZED $68,350,000 1,900,000 5,660,000 7,406,000 11,684,000 95,000.000 PURPOSE Street Improvements =ire Station improvements _ibrary 8 Learning Ctr Improvements 'ark and Rec•eatior 'improvements ,3ayfront Deve opmen, Improvements !,eludes premium received from ,aIe o, the birds AMOUNT AMOUNT PREVIOUSLY SOLD* NOW OFFERED $ 48,534,000 $ 3,830,000 400,000 -0- 2,160,000 -0- 7,406,000 -0- 1,500,000 -0- $ 60,000,000 $ 3,830,000 VVHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to Chapters 1251 and 1331 Texas Government Code, as amended, and the Charter of the City; and WHEREAS, in accordance with the applicable provisions of Chapter 436, Texas Government Code, the City prepared and submitted an application to the Texas Military Preparedness Commission (the ''TMPC ") seeking financial assistance for the projects described in Section 1 of this Ordinance to enhance the military value of military facilities located in, near, or adjacent to the City; and WHEREAS the VMPC approved the City's application for financial assistance, and -equested the Texas Public Finance Authority (the "TPFA ") to provide financial assistance for the Projects described in Section 1 of this Ordinance: and WHEREAS the TPFA has agreed to purchase bonds issued by the City to finance the projects approved by the TMPC NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: 1 That the bond or bonds of the City of Corpus Christi, Texas (the "City" or the "Issuer ") to be called "General Improvement Bonds, Series 2007" (the "Bonds" or the "Series 2007 Bonds "), he issued under and by virtue of the Constitution and laws of the State of Texas and the Charter f the City for the following purposes: improving the streets of the City, specifically the reconstruction of Port Avenue from IH 37 to US 181 (such improvements approved at the November 2, 2004 election hereinafter collectively called the "Project "), and for paying the costs of issuance associated with the sale of the Series 2007 Bonds; all of which bonds aggregate in pnncipai amount the sum of $3,830,000. 2 That the Series 2007 Bonds shall be dated March 1, 2007, shall be in the denomination of $5.000 each or any integral multiple thereof (an "Authorized Denomination "), shall be numbered consecutively from R -1 upward, and shall mature on the maturity date in each of the years and in the amounts, and bear interest at the rates per annum, respectively, as set forth below MATURITY DATE SEPTEMBER 1 YEARS AMOUNTS ($) INTEREST RATES ( %) 2010 160,000 4.000 2011 165,000 4.000 2012 170,000 4.000 2013 180,000 4.000 2014 185,000 4.250 2015 195,000 4.250 2016 205,000 4.250 2017 210,000 4.000 2018 220,000 4.000 2019 230,000 4.000 2020 240,000 4.125 2021 250,000 4.125 2022 260,000 4.250 2023 270,000 4.250 2024 285,000 4.375 2025 295,000 4.375 2026 310,000 4.375 Interest shall be payable to the registered owner of any such Series 2007 Bond in the manner provided and on the dates stated in the FORM OF BOND set forth in this Ordinance. Interest shall be calculated on the basis of a 360 day year consisting of twelve 30 day months. 3. That the City reserves the right to redeem the Series 2007 Bonds maturing on or after September 1, 2017, in whole or in part, on September 1, 2016 or on any date thereafter, for the principal amount thereof plus accrued interest thereon to the date fixed for redemption. The years of maturity of the Series 2007 Bonds called for redemption at the option of the City prior to stated maturity shall be selected by the City. The Series 2007 Bonds or portions thereof redeemed within a maturity shall be selected by lot or other method by the Paying Agent/Registrar (hereinafter defined); provided, that during any period in which ownership of the Bonds is determined only by a book entry at a securities depository for the Series 2007 Bonds, if fewer than all of the Series 2007 Bonds of the same maturity and bearing the same interest rate are to be redeemed, the particular Series 2007 Bonds of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the City and the securities depository. 4 That at Least 30 days prior to the date fixed for any redemption of the Series 2007 Bonds, the City shall cause (i) a written notice of such redemption to be deposited 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) notice of such redemption either to be published one (1) time in or posted electronically on the website of a financial journal or publication of general circulation in the United States of America or the State of Texas carrying as a regular feature notices of municipal bonds called for redemption; provided, however, that the failure to send, mail, or receive such notice described in (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 Series 2007 Bond, and it is hereby specifically provided that the provision of notice described in (i) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Series 2007 Bonds; and provided, further that the foregoing notwithstanding, if the TMPC is the registered owner or beneficial owner of 100% in aggregate principal amount of the Series 2007 Bonds, it is hereby specifically provided that the mailing of notice described in (i) above to the TMPC shall be the only notice actually required to be given in connection with or as a prerequisite to the redemption of any Series 2007 Bond. By the date fixed for any such redemption, due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Series 2007 Bonds or the portions thereof which 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, ail as provided above, the Series 2007 Bonds or the portions thereof which -4- 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 of the 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 of the Series 2007 Bonds or any portion thereof. If a portion of any Series 2007 Bond shall be redeemed a substitute Series 2007 Bond or Series 2007 Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, 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 City, all as provided in this Ordinance. In addition to the foregoing. the City shall cause the Paying Agent/Registrar to give notice of any such redemption in the manner set forth in Section 5(h) hereof. The failure to cause such notice to be given. however, or any defect therein, shall not affect the validity or effectiveness of such redemption. 5. (a) That the City shall keep or cause to be kept at the designated corporate trust office in Dallas, Texas (the "Designated Trust Office ") of The Bank of New York Trust Company, National Association (the "Paying Agent/Registrar "), or such other bank, trust company, financial institution, or other agency named in accordance with the provisions of (g) below, books or records of the registration and transfer of the Series 2007 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 transfers and registrations under such reasonable regulations as the City and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. It shall be the duty of the Paying Agent/Registrar to obtain from the registered owner and record in the Registration Books the address of such registered owner of each bond to which payments with respect to the Series 2007 Bonds shall be 'nailed. as herein provided. The City or its designee 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 aw, shall not permit their inspection by any other entity. Registration of each Series 2007 Bond may be transferred in the Registration Books only upon presentation and surrender of such bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment. in form and with guarantee of signatures satisfactory to the ?aying Agent/Registrar, evidencing the assignment of such bond, or any portion thereof in an Authorized Denomination, to the assignee or assignees thereof, and the right of such assignee or assignees to have such bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Series 2007 Bond or any portion thereof, a new substitute bond or bonds shall be issued in exchange therefor in the manner herein Provided (b) The entity in whose name any Series 2007 Bond shall be registered in the Registration Books at any time shall be treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such bond shall be overdue, and the City and the Paying Agent/Reg- istrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such bond to the extent of the sum or sums so paid. (c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent -6- for paying the principal of and interest on the Series 2007 Bonds, and to act as its agent to exchange or replace Series 2007 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 Series 2007 Bonds, and of all exchanges thereof, and all replacements thereof, as provided in this Ordinance. (d) Each Series 2007 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, in the form prescribed in the FORM OF BOND, n an 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 of any Series 2007 Bond or Series 2007 Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If a portion of any Series 2007 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 an 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 thereof for cancellation if any Series 2007 Bond or portion thereof is assigned and transferred, each bond issued in exchange therefor shall have the same principal maturity date -7- and bear interest at the same rate as the bond for which it is being exchanged. Each substitute bond shall bear a letter and /or number to distinguish it from each other bond. The Paying Agent /Registrar shall exchange or replace Series 2007 Bonds as provided herein, and each fully registered bond or bonds delivered in exchange for or replacement of any Series 2007 Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Series 2007 Bonds for all purposes of this Ordinance, and may again be exchanged or replaced, it is specifically provided, however, that any Series 2007 Bond delivered in exchange for or replacement of another Serves 2007 Bond prior to the first scheduled interest payment date on the Series 2007 Bonds (as stated on the face thereof) shall be dated the same date as such Series 2007 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, ,n 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 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 Series 2007 Bond or Series 2007 Bonds issued under this Ordinance there shall be printed thereon a Paying Agent /Registrar's Authentication Certificate, in the form hereinafter 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 substitute bond, date such substitute bond in the manner set forth above, and manually sign and date the Authentication Certificate, and no such substitute bond shall be deemed to be issued or outstanding unless the Authentication Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all Series 2007 Bonds surrendered for exchange or replacement. No additional ordinances, orders, or resolutions -8 need be passed or adopted by the City Council or any other body or person so as to accomplish the foregoing exchange or replacement of any Series 2007 Bond or portion hereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute bonds in the manner prescribed herein. PJrsuant to Chapter 1206, Texas Government Code, the duty of exchange or replacement of any Series 2007 Bond as aforesaid is hereby imposed upon the Paying Agent/Registrar, and upon the execution of the Authentication Certificate, the exchanged or replaced bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Series 2007 Bonds which originally were delivered pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. Neither the City nor the Paying Agent/Registrar shall be required (1) to issue, transfer, or exchange any bond during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of bonds and ending at the close of business on the day of such mailing or (2) to transfer or exchange any bond so selected for redemption in whole when such redemption is scheduled to occur within 30 calendar days. (e) All Series 2007 Bonds issued in exchange or replacement of any other Series 2007 Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Series 2007 Bonds to be payable only to the registered owners thereof. (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned. (iv) may be exchanged for other Series 2007 Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Series 2007 Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF BOND. (f) The City shall pay the Paying Agent/Registrar's reasonable and customary fees and charges for making transfers of Series 2007 Bonds, but the registered owner of any Series 2007 -9- Bond requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The registered owner of any Series 2007 Bond requesting any exchange shall pay the Paying Agent/Registrar's reasonable and standard or customary fees and charges for exchanging any such bond or portion thereof, together with any taxes or governmental charges required to be paid with respect thereto all as a condition precedent to the exercise of such privilege of exchange, except. however, that in the case of the exchange of an assigned and transferred bond or bonds or any portion or portions thereof in any integral multiple of $5,000, and ,n the case of the exchange of the unredeemed portion of a Series 2007 Bond which has been redeemed in part prior to maturity as provided in this Ordinance, such fees and charges will be paid by the City. In addition, the City hereby covenants with the registered owners of the Series 2007 Bonds that it will (i) pay the reasonable and standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Series 2007 Bonds. when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transferor registration of Series 2007 Bonds solely to the extent above provided, and with respect to the exchange of Series 2007 Bonds solely to the extent above provided. (g) The City covenants with the registered owners of the Series 2007 Bonds that at all times while the Series 2007 Bonds are outstanding the City will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Series 2007 Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity. The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 60 days written notice to the Paying Agent /Registrar. 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 -10- such. the City covenants that promptly it will appoint a competent and legally qualified national or state banking institution which shall be a corporation organized and doing business under the laws of the United States of America or of any state, authorized under such laws to exercise trust powers. subject to supervision or examination by federal or state authority, and whose qualifications substantially are similar to the previous Paying Agent/Registrar 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 Series 2007 Bonds, to the new Paying Agent/Registrar designated and appointed 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 of the Series 2007 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. h) (I) In addition to the manner of providing notice of redemption of Series 2007 Bonds as set forth in this Ordinance, the Paying Agent/Registrar shall give notice of redemption of Series 2007 Bonds by United States mail, first -class postage prepaid, at least 30 days prior to a redemption date to each NRMSIR and the SID (each as defined in Section 14 hereof). In addition, in the event of a redemption caused by an advance refunding of the Series 2007 Bonds, the Paying Agent/Registrar shall send a second notice of redemption to the TMPC, the TPFA, and 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 the NRMSIRs or the SID shall be sent so that they are received at east two days prior to the general mailing or publication date of such notice. The Paying Agent/Registrar shall also send a notice of redemption to any owner of a Series 2007 Bond who has not sent the Series 2007 Bonds in for redemption 60 days after the rvedemption date (i } Each redemption notice, whether required in the FORM OF BOND or otherwise by This Ordinance, shall contain a description of the Series 2007 Bonds to be redeemed, including the complete name of the Series 2007 Bonds, the series, the date of issue, the interest rate, the maturity date. the CUSIP number, if any. the amounts called of each certificate, the publication and mailing date for the notice, the date of redemption, the redemption price, the name of the Paying Agent/Registrar and the address at which the Series 2007 Bond may be redeemed, ncluding a contact person and telephone number. (i i) All redemption payments made by the Paying Agent/Registrar to the registered Dwners of the Series 2007 Bonds shall include CUSIP numbers relating to each amount paid to such registered owner. 6 That the form of all Series 2007 Bonds, including the form of the Comptroller's Registration Certificate to accompany the Series 2007 Bonds on the initial delivery thereof, the corm of the Authentication Certificate, and the Form of Assignment to be printed on each of the Series 2007 Bonds, shall be, respectively, substantially as set forth in Exhibit A to this Ordinance, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. 7 (a) That a special fund or account, to be designated the "City of Corpus Christi, Texas Series 2007 General Improvement Bonds Interest and Sinking Fund" (the "Interest and Sinking Rund ") is hereby created and shall be established and maintained by the City at its official depository bank. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City and shall be used only for paying the interest on and principal of -12 the Series 2007 Bonds. All taxes levied and collected for and on account of the Series 2007 Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Series 2007 Bonds is outstanding and unpaid, the City Council of the City shall compute and ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of the City, with full allowances being made for tax delinquencies and costs of tax collections, which will be sufficient to raise and produce the money required to pay the interest on the Series 2007 Bonds as such interest comes due, and to provide a sinking fund to pay the principal of the Series 2007 Bonds as such principal matures, but never less than 2% of the onginal principal amount of the Series 2007 Bonds as a sinking fund each year. Said rate and amount of ad valorem tax is hereby ordered to be levied and is hereby levied against all taxable property in the City for each year while any of the Series 2007 Bonds is outstanding and unpaid, and said ad valorem tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund. The ad valorem taxes necessary to pay the interest on and principal of the Series 2007 Bonds, as such interest comes due, and such principal matures, are hereby pledged for such purpose, within the limit prescribed by law. There shall be appropriated from the General Fund of the City for deposit into the Interest and Sinking Fund moneys as may be necessary to pay the scheduled interest payments on the Series 2007 Bonds through March 1, 2008 The rate of ad valorem tax that may be levied in connection with the payment of the debt service on the Series 2007 Bonds may be set at such a rate such that the aggregate rate of ad valorem tax levied by the City in any fiscal year may exceed the 68 cent per $100 tax rate cap provided in the City Charter, as such Series 2007 Bonds fall within the provisions of the City Charter, as amended by the vote of the citizens on April 4, 1993, that permit said rate cap to be exceeded for bonds approved by the citizens at an election held for such purpose. -13- (b) That the City hereby creates and establishes and shall maintain on the books of the City a separate fund to be entitled the "Series 2007 General Improvement Bonds Construction Fund" (the "Construction Fund ") for use by the City for payment of all lawful costs associated with the acquisition, improvement and extension of the Project as hereinbefore provided. There shall be deposited to the Construction F und those proceeds from the sale of the Bonds specified in the letter of instructions described in Section 18 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 11 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 interest and Sinking Fund. lc) Chapter 1208 Texas Government Code, applies to the issuance of the Series 2007 Bonds and the pledge of ad valorem taxes made under Section 7(a) of this Ordinance, and such pledge is therefore valid. effective. and perfected. If Texas law is amended at any time while the Series 2007 Bonds are outstanding and unpaid such that the pledge of ad valorem taxes made by the City under Section 7(a) of this Ordinance 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 Series 2007 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. 8. (a) That in the event any outstanding Series 2007 Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Series 2007 Bond, in replacement for such Series 2007 Bond -14- =n the manner hereinafter provided. (b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Series 2007 Bonds shall be made to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Series 2007 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 Series 2007 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 Series 2007 Bond. as the case may be. In every case of damage or mutilation of a Series 2007 Bond, the applicant shall surrender to the Paying Agent/Registrar for cancellation the Series 2007 Bond so damaged or mutilated. ( c) Notwithstanding the foregoing provisions of this Section, in the event any such Series 2007 Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Series 2007 Bond, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Series 2007 Bond) instead of issuing a replacement Series 2007 Bond, provided security or indemnity is furnished as above provided in this Section. d) Priorto the issuance of any replacement bond, the Paying Agent/Registrar shall charge the owner of such Series 2007 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 Series 2007 Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Series 2007 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 Series 2007 Bonds duly issued under this -15- Ordinance. (e) In accordance with Chapter 1206, Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of further action by the governing body of the 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, subject to the conditions imposed by this Section 8 of this Ordinance, 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 Series 2007 Bonds issued in exchange `or other Series 2007 Bonds. 9. That the City Manager of the City is hereby authorized to have control of the Series 2007 Bonds and all necessary records and proceedings pertaining to the Series 2007 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 Series 2007 Bonds, the 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 Series 2007 Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each such certificate. 10. That the sale of the Bonds to the TMPC at the purchase price described in the Loan Agreement between the City and the TMPC (the "Loan Agreement "), is hereby authorized, ratified and confirmed. One Bond in the principal amount maturing on each maturity date as set forth in Section 2 of this Ordinance shall be delivered to the TMPC, and the TMPC shall have the right to exchange such bonds as provided in Section 5 hereof without cost. The Loan Agreement, in substantially the form attached tc this Ordinance, is hereby accepted, approved and authorized to be delivered in executed form to the TMPC. The Mayor and the City Manager each is hereby -16- authorized, severally but not jointly, to execute and deliver the Loan Agreement on behalf of the City. The Bonds are to be purchased by the TMPC with moneys in the Texas Military Value Revolving Loan Fund in connection with providing financial assistance to the City for a project that will enhance the military value of a military facility located in, near, or adjacent to the City. 11. That the Issuer covenants to take any action to assure, or refrain from any action which would adversely affect, the treatment of the Series 2007 Bonds as obligations described in section 103 of the Internal Revenue Code of 1986 (the "Code "), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Series 2007 Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use ", as defined in section 141(b)(6) of the Code or if more 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 indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Series 2007 Bonds, in contravention of section 141(b)(2) of the Code; (b 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 Series 2007 Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in 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 -1 7- of $5,000,000. or 5 percent of the proceeds of the Series 2007 Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to per- sons, other than state or local governmental units, in contravention of section 141(c) of the Code: (d) to refrain from taking any action which would otherwise result in the Series 2007 Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code: (e) to refrain from taking any action that would result in the Series 2007 Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Series 2007 Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produc- es a materially higher yield over the term of the Series 2007 Bonds, other than investment property acquired with -- (1 ti proceeds of the Series 2007 Bonds invested for a reasonable temporary period of three years or less, until such proceeds are needed for the purpose for which the Series 2007 Bonds are issued, (2 amounts ! nvested in a bona fide debt service fund, within the meaning of sectior 1.148 -1(b) of the Treasury Regulations, and (3 amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Series 2007 Bonds; (g to otherwise restrict the use of the proceeds of the Series 2007 Bonds or amounts treated as proceeds of the Series 2007 Bonds, as may be necessary, so that the -18- Series 2007 Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and th to pay to the United States of America at least once during each five -year period (beginning on the date of delivery of the Series 2007 Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings ", within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Series 2007 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) of the Code. For purposes of the foregoing clauses (a) and (b) above, the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of a refunding bond, transferred proceeds (if any and proceeds of the refunded bonds expended prior to the date of the issuance of the Bonds. It is the understanding of the 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 counseN, 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- recognized 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, -19- 'he 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 permitted 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 shalt 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. 12. That the City covenants to account for on its books and records the expenditure of proceeds from the sale of the Series 2007 Bonds and any investment eamings thereon to be used for the Project in accordance with the requirements of the Code. The City recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated 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; but in no event later than three years after the date on which the original expenditure is paid. The foregoing notwithstanding, the City recognizes that in order for proceeds to be expended under the Code, the sale proceeds or nvestment earnings must be expended no more than 60 days after the earlier of (a) the fifth anniversary of the date of delivery of the Series 2007 Bonds or (b) the date the Series 2007 Bonds are retired. The City agrees to obtain the advice of a nationally- recognized bond counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will not adversely affect the tax - exempt status of the Series 2007 Bonds. For purposes of this Section, the City shall not be obligated to comply with this covenant if it obtains an opinion of a nationally- recognized bond counsel to the effect that such failure to comply will not adversely affect the excludability for -20- federal income tax purposes from gross income of the interest. 13. That the Issuer covenants that the property constituting a Project or other property financed or refinanced with the proceeds of the Series 2007 Bonds will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer 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 Series 2007 Bonds. For purposes of this Section, the portion of the property comprising personal property and disposed of in the ordinary course of business shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes of this Section, the Issuer shall not be obligated to comply with this covenant if it 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. 4. (a) Definitions. That as used in this Section, the following terms have the meanings ascribed to such terms below: "MAC" means the Municipal Advisory Council of Texas. °MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 5c2 -12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means 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 meaning of the Rule from time to time. The MAC currently serves as the SID for the State of Texas. (b) Annual Reports. (i) The City shall provide annually to each NRMSIR and any SID, withir six months after the end of each fiscal year ending in or after 2007, financial information -21- and operating data with respect to the City of the general type described in Exhibit B hereto. Any inanciai statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit B hereto. or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall provide unaudited financial statements by the required time, and shall orovide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements becomes 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 financial information and operating data pursuant to this Section. Tne 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 NRMSIR and any SID or filed with the SEC. ( c) 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 Series 2007 Bonds, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 2. Non - payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax - exempt status of the Series 2007 Bonds; ?. Modifications to rights of holders of the Series 2007 Bonds; 8. Series 2007 Bond calls; 9. Defeasances: -22- Release, substitution, or sale of property securing repayment of the Series 2007 Bonds; and Rating changes. 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 financial information or operating data in accordance with subsection (b) of 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 http: / /www.disclosureusa.orq, unless the SEC has withdrawn the interpretive advice stated in its letter to the MAC dated September 7; 2004. d) Limitations, Disclaimers, and Amendments. (i) The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Series 2007 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 any Series 2007 Bonds no longer to be outstanding. The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Series 2007 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 financia results, condition, or prospects or 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 Series 2007 Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR -23- BENEFICIAL OWNER OF ANY SERIES 2007 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 SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT. FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the City in observing or performing its obligations underthis Section shall comprise a breach of or default under the 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 of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Series 2007 Bonds in the primary offering of the Series 2007 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) ether (a) the holders of a majority in aggregate principal amount for any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Series 2007 Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interest of the holders and beneficial owners of the Series 2007 Bonds. If the City so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and of the -24- impact of any change in the type of financial information 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 jurisdiction enters Judgment that such provisions o` the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwater from lawfully purchasing or selling Series 2007 Bonds in the primary offering of the Series 2007 Bonds. 5. That interest earnings derived from the investment of proceeds from the sale of the Series 2007 Bonds shall be used along with other available bond proceeds for the construction of the Project for which a portion of the Series 2007 Bonds are issued; provided, that after completion of such permanent improvements, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to Section 11 hereof in order to prevent the Series 2007 Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. 16. That to the extent provided in the Loan Agreement, the Series 2007 Bonds may be issued and delivered in such manner that no physical distribution of the Series 2007 Bonds will be made to the public, and The Depository Trust Company ( "DTC "), New York, New York, initially will act as depository for the Series 2007 Bonds, consistent with previously issued obligations by the City that are held in book -entry form with DTC. If any Series 2007 Bond is registered in the name of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC the same in all respects as if it were the actual and beneficial owner thereof. The City is not responsible or liable for any functions of DTC will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of -25- DTC or its participants, or protecting any interests or rights of the beneficial owners of the Series 2007 Bonds. The City does not represent, nor does it in any way covenant that the initial book - entry system established with DTC will be maintained in the future. The City heretofore has executed a "Blanket Letter of Representations" prepared by DTC in order to implement the book - entry system described above. 17. (a) Deemed Paid. That any Series 2007 Bond and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Bond ") within the meaning of this Ordinance, except to the extent provided in subsection (e) of this Section, when payment of the prncipal of such Series 2007 Bond, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made n accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent /Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement ") for such payment (1) lawful money of the United States of America sufficient to make such payment and/or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will nsure the availability. without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the City with the Paying Agent/Registrar for the payment of its services until all Defeased Bonds shall have become due and payable. At such time as a Series 2007 Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Series 2007 Bond and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Defeasance Securities. Upon entering into the Future Escrow Agreement with respect to any such Series 2007 Bonds so defeased, such Series 2007 Bonds -26- shall no longer be outstanding for any purpose except for right of payment, and all rights of the City to take any other action amending the terms of such Series 2007 Bonds shall be extinguished. (b) investments. Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the City be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Series 2007 Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the City, or deposited as directed in writing by the City. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Bonds may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified ,n subsection (a)(i) or (ii) above. All income from such Defeasance Securities received by the Paying Agent/Registrar which is not required for the payment of the Defeased Bonds with respect to which such money has been so deposited, shall be remitted to the City or deposited as directed in writing by the City. c) Selection of Defeased Bonds. In the event that the City elects to defease less than all of the principal amount of Series 2007 Bonds of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Series 2007 Bonds by such random method as it deems fair and appropriate. d) Defeasance Obligations. The term "Defeasance Securities" means (i) direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally -27- guaranteed or insured by the agency or instrumentality and that, on the date of the purchase thereof are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iii) noncallable obligations of a state or an agency or a county, municipality, or other political subdivision of a state that have been refunded and that, on the date the goveming body of the City adopts or approves the proceedings authorizing the financial arrangements are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. e) Continuing Duty of Paying Agent /Registrar. Until all Series 2007 Bonds defeased under this Section of this Ordinance shall become due and payable, the Paying Agent/Registrar for such Series 2007 Bonds shall perform the services of Paying Agent/Registrar for such Series 2007 Bonds the same as if they had not been defeased, and the City shall make proper arrangements to provide and pay for such services 18. That the proceeds from the sale of the Bonds shall be used in the manner described in the letter of instructions executed by or on behalf of the City. The foregoing notwithstanding, any proceeds representing accrued interest on the Bonds shall be deposited to the credit of the Interest and Sinking Fund. 19. That the City agrees in connection with the purchase of the Bonds by the TMPC that for so long as the TMPC is a registered owner or beneficial owner of the Bonds, it will furnish to the TMPC each year while the Bonds are outstanding a copy of the City's comprehensive annual financial report (the "CAFR ") promptly after the CAFR has been accepted and approved by the City Council. 20. (a) Events of Default, 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 Series -28- 2007 Bonds when the same becomes due and payable; or (ii) 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 of the Series 2007 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 of 60 days after notice of such default is given by any registered owner to the City (b) Remedies for Default. (i) Upon the happening 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 aw, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any actor thing that may be unlawful or n violation of any right of the registered owners hereunder or any combination of such remedies (ii) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all registered owners of Series 2007 Bonds then outstanding. ;c) 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 Series 2007 Bonds -29- or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance. the right to accelerate the debt evidenced by the Series 2007 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. (iii) By accepting the delivery of a Series 2007 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 (iv) None of the members of the City Council, nor any other official or officer, agent, or 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 ender this Ordinance. 21. That the findings set forth in the preamble to this Ordinance are hereby incorporated into the body of this Ordinance and made a part hereof for all purposes. All ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. For all purposes of this Ordinance, unless the context requires otherwise, all references to designated Sections and other subdivisions are to the Sections and other subdivisions of this Ordinance. 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 impart the singular number shall be considered to include the plural number and vice versa. References to any named person means that party and its -30- successors and assigns. References to any constitutional, 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 oe deemed to include the payment of any mandatory sinking fund redemption payments as described herein. Any reference to "FORM OF BOND" shall refer to the form of the Series 2007 Bonds set forth in Exhibit A to this Ordinance. The titles and headings of the Sections and subsections of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. 22. That the Mayor, the City Manager, the Director of Financial Services, the City Secretary or Assistant City Secretary, 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, acknowledge, and deliver in the name and under the seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Series 2007 Bonds, the Loan Agreement, or the Paying Agent/Registrar Agreement. In case any officer whose signature appears on any Series 2007 Bond shall cease to be such officer before the delivery of such Series 2007 Bond, such signature shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. The City Council hereby authorizes the payment of the fee of the Office of the Attorney General of the State of Texas for the examination of the proceedings relating to the issuance of the Series 2007 Bonds, in the amount determined in accordance with the provisions of Section 1202.004, Texas Government Code. 23. That it is hereby officially found and determined that the meeting at which this -31- )rdinance was passed was open to the public, and public notice of the time, place and purpose • f said meeting was given all as required by Chapter 551, Texas Government Code, as amended. n accordance with the provisions of V.T.C.A. Government Code, Section 1201.028, this Jrdinance shall be effective immediately upon its adoption by the City Council. ADOPTED this February 13, 2007. Mayor, City of Corpus Christi, Texas ATTEST City Secretary, City of Corpus Christi, Texas APPROVED THIS ;, DAY OF FEBRUARY, 2007: MARY KAY FISCHER, CITY ATTORNEY (SEAL) EXHIBIT A FORM OF BOND NO $ UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO CITY OF CORPUS CHRISTI, TEXAS GENERAL IMPROVEMENT BOND SERIES 2007 MATURITY DATE INTEREST RATE DATE OF DELIVERY CUSIP MARCH 15, 2007 ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF CORPUS CHRISTI, TEXAS (the "Issuer "), being a political subdivision of the State of Texas, hereby promises to pay 40 , orto the registered assignee hereof (either being herein- after called the "registered owner ") the principal amount of: DOLLARS and to pay interest thereon, from the Date of Delivery specified above, to the maturity date specified above, or the date of its redemption prior to scheduled maturity, at the rate of interest per annum specified above, with said interest being payable on September 1, 2007, and semi- annually on each March 1 and September 1 thereafter; except that if the Paying Agent/Registrar's Authentication Certificate appearing on the face of this Bond is dated later than September 1, 2007, such interest is payable semiannually on each March 1 and September 1 following such late. 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 redemption prior to maturity at the designated corporate trust office in Dallas, Texas (the "Designated Payment Office "), of The Bank of New York Trust Company, National Association, 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 as shown by the Registration Books kept by the Paying Agent/Registrar at the close of business on the 15th day of the month next preceding such interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first - class postage prepaid, on each such interest payment date, to the registered owner hereof at its address as it appears on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any accrued interest due at maturity or upon redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Bond for redemption and payment at the Designated Payment Office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that no later than each principal payment andior interest payment date for this Bond it will make available to the Paying Agent/Registrar from the Interest and Sinking Fund as defined by the ordinance authorizing the Bonds (the "Ordinance ") the amounts required to provide for the payment, in mnnediately available funds, of all principal of and interest on the Bonds, when due. IN THE EVENT OF A NON - PAYMENT of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date ") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest nave been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ( "Special Payment Date ", which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date dy United States mail, first class postage prepaid, to the address of each registered owner of a Bond appearing on the registration books of the Paying Agent/Registrar at the close of business on the last business day next preceding the date of mailing of such notice. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday. or a day on which banking institutions in the city where the Designated Payment Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which s not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to dose. and payment on such date shall have the same force and effect as if made on the original date payment was due. Notwithstanding the foregoing, during any period in which ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds, any payment to the securities depository, or its nominee or registered assigns, shall be made in accordance with existing arrangements between the Issuer and the securities depository. THIS BOND is one of a Series of Bonds of like tenor and effect except as to number, principal amount, interest rate, maturity and option of redemption, dated as of March 1, 2007, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $3,830,000, for the purpose of providing funds with which to (i) make and acquire various public improvements for the City, in accordance with the Ordinance, and (ii) pay costs of issuance related thereto ON SEPTEMBER1, 2016, or on any date thereafter, the Bonds of this Series maturing on September 1, 2017 and thereafter may be redeemed prior to their scheduled maturities, at the option of the Issuer, in whole, or in part, at par and accrued interest to the date fixed for redemption. The years of maturity of the Bonds called for redemption at the option of the City prior to stated maturity shall be selected by the City. The Bonds or portions thereof redeemed within a maturity shall be selected by lot or other method by the Paying Agent/Registrar; provided, that during any period in which ownership of the Bonds is determined only by a book entry at a securities depository for 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 in accordance with the arrangements between the Issuer and the securities depository. AT LEAST 30 days prior to the date fixed for any such redemption (a) a written notice of such redemption shall be given to the registered owner of each Bond or a portion thereof being called for 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 of the Paying Agent/Registrar and (b) notice of such redemption either shall be published one (1) time in or posted electronically on the website of a financial joumal or publication of general circulation in the United States of America or the State of Texas carrying as a regular feature notices of municipal bonds called for redemption; provided, however, that the failure to send, mail, or receive such notice described in (a) 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, and the Ordinance provides that the provision of notice as described in (b) above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bond, and provided, further, that the foregoing notwithstanding, if the Texas Military Preparedness Commission (the "TMPC ") is the registered owner or beneficial owner of 100% in aggregate principal amount of the Bonds, it is hereby specifically provided that the mailing of notice described in (a) above to the TMPC shall be the only notice actually required to be given in connection with or as a prerequisite to the redemption of any Bond. 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 price for this Bond or the portion hereof which is 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, this Bond. or the portion hereof which is to be so redeemed, thereby automatically shall be redeemed prior to its scheduled maturity, and shall not bear 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 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 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, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in 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 the Ordinance. ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon surrender of this Bond to the Paying Agent/Registrar at its Designated Trust Office for cancellation, all in accordance with the form and procedures set forth in the 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 of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and 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 satisfactory 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 exchange shall pay the Paying Agent/Registrar's reasonable standard orcustomary fees and charges for exchanging any Bond or portion thereof. The foregoing notwithstanding, in the case of the exchange of a portion of a Bond which has been redeemed prior to maturity, as provided herein. and in the case of the 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. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, or exchange as a < ;ondition precedent to the exercise of such privilege. In any circumstance, neither the Issuer nor the Paying Agent/Registrar shall be required (1) to make any transfer or exchange during a period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption of bonds and ending at the close of business on the day of such mailing, or (2) to transfer or exchange any Bonds so selected for redemption when such redemption is scheduled to occur within 30 calendar days. WHENEVER the beneficial ownership of this Bond is determined by a book entry at a securities 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 ° equirements of the securities depository as to registering or transferring the book entry to produce he same effect. IN THE EVENT 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 Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond, and the series of which it is a part, is duly authorized by law; that all acts, conditions and things required to be done precedent to and in the issuance of this series of bonds, and of this Bond, have been properly done and performed and have happened in regular and due time, form and manner as required by law; that sufficient and proper provision for the levy and collection of taxes has been made, which, when collected, shall be appropriated exclusively to the payment of this Bond and the series of which it is a part; and that the total indebtedness of said City, including the entire series of bonds of which this is one, does not exceed any constitutional, statutory or charter imitation . BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature of the Mayor of said City, and attested with the manual or facsimile signature of the City Secretary, and the official seal of the Issuer has been duly affixed to, or impressed, or placed in facsimile, on this Bond. ATTEST: xxxxxxxxxxxxxx City Secretary, City of Corpus Christi, Texas xxxxxxxxxxxx Mayor, City of Corpus Christi; Texas (SEAL) FORM OF PAYING AGENT /REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT /REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the proceedings adopted by the Issuer as described in the text of this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of bond or bonds of an issue which originally was approved by the Attorney General of the State )f Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated THE BANK OF NEW YORK TRUST COMPANY, NATIONAL ASSOCIATION, Paying Agent/Registrar By Authorized Representative FORM OF ASSIGNMENT: ASSIGNMENT F-OR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto Please insert Social 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 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 CERTIFICATE (ATTACHED TO THE BONDS UPON INITIAL DELIVERY THEREOF) OFFICE OF COMPTROLLER : STATE OF TEXAS REGISTER NO. I hereby certify that there is on file and of record in my office a certificate of the Attorney General of the State of Texas to the effect that this Bond has been examined by him as required by law, and that he finds that it has been issued in conformity with the Constitution and laws of the State of Texas, and that it is a valid and binding obligation of the City of Corpus Christi, Texas, payable in the manner provided by and in the ordinance authorizing same, and said Bond has this day been registered by me. (SEAL) WITNESS MY HAND and seal of office at Austin, Texas Comptroller of Public Accounts of the State of Texas The printer of the Series 2007 Bonds is hereby authorized to print on the Series 2007 Bonds (i) the form of bond counsel's opinion relating to the Series 2007 Bonds, and (ii) an appropriate statement of insurance furnished by a municipal bond insurance company providing municipal bond insurance., if any, covering all or any part of the Series 2007 Bonds. Exhibit B to Ordinance DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 14 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section are as specified below: The City has heretofore filed with each NRMSIR and the SID its official statement with respect to that certain issue of $18,605,000 City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2006. In the ordinance authorizing the issuance of such Certificates, the City agreed to update annually financial information and operating data with respect to the City of the general type included in such official statement in Appendix A, under the headings "Debt Payable from Taxes ", "General Revenues ", "General Expenses ", "Ad Valorem Taxes ", "Five Year Operating Statement for Solid Waste ", "Municipal Hotel Occupancy Taxes ", and "The Tax Increment Financing Act "; and Appendix C to such Official Statement, "Combined Financial Statements of the City of Corpus Christi, Texas ". The above - described financial information and operating data with respect to the City is hereby incorporated by reference, and it Section 14 of this Ordinance the City has agreed to annually update such financial information and operating data in accordance with Rule 15c2 -12, promulgated by the United States Securities and Exchange Commission. 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. LOAN AGREEMENT between CITY OF CORPUS CHRISTI, TEXAS and TEXAS MILITARY PREPAREDNESS COMMISSION Dated as of February 1, 2007 lPFAITMPC2007: Loan Agreement CONTENTS Page Number ARTICLE I DEFINITIONS 1 Section 1.01 Definitions .... . 1 ARTICLE II RECITALS, FINDINGS AND REPRESENTATIONS 4 Section 2.01 Section 2.02 Recitals, Finding and Representations of the Commission 4 Recitals, Findings and Representations of the Defense Community 4 ARTICLE III MILITARY VALUE REVOLVING LOAN ACCOUNT LOAN TERMS Section 3.01 Section 3.02 Section 3.03 Section 3.04 Section 3.05 Section 3.06 5 Military Value Revolving Loan Account Loan Terms 5 Issuance of Obligations.... 5 Interest 6 Loan Repayments 6 Payments to the Defense Community 6 Additional Obligations 7 ARTICLE IV REPAYMENT ......... Section 4.01 Repayment of Military Value Revolving Loan Account Loan Section 4.02 Wire Transfer Section 4.03 Prepayment .. 7 7 7 7 ARTICLE V THE PROJECT 7 Section 5.01 Section 5.02 Section 5.03 Section 5.04 Section 5 05 "-fl-F F..A TM C 2:10 p Loan Agree.n Approvals and Permits 7 Construction ... 7 Title 8 Operation ......... 8 Completion of Project 8 ARTICLE VI FINANCING THE PROJECT 8 Section 6.01 Security for the Military Value Revolving Loan Account Loan 8 Section 6.02 Indemnities ....... 8 REPORTING REQUIREMENTS Section 7.01 Section 7.02 Section 7.03 Section 7.04 Section 7.05 Section 7 06 ARTICLE VII 9 Records and Accounts 9 Quarterly Reports 9 Annual Audit 9 Final Accounting 9 Records Retention 10 Rating Reports 10 ARTICLE VIII 10 TAX COVENANTS Section 8.01 Covenant Section 8.02 Opinion 10 14 ARTICLE IX DEFAULT 14 Section 9.01 Event of Default 14 Section 9.02 Remedies 15 Section 9.03 Venue .... 15 ARTICLE X SPECIAL COVENANTS .,..... 15 Section 10.01 Applicable Law 15 Section 10.02 Rules, Regulations and Policies of the Commission 15 Section 10.03 Use of Proceeds 15 Section 10.04 Inconsistent Provisions 16 Section 10.05 Third Party Beneficiary 16 Section 10.06 Severability 16 Section 10.07 Construction of Terms 16 Section 10.08 Notice of Sale of Obligations 16 Section 10.09 Notice of Refunding 16 TPFA/rMPC 7007: Loan Agreer n ARTICLE XI MISCELLANEOUS PROVISIONS 17 Section 11,01. Term of Agreement 17 Section 11.02. Amendment 17 Section 11.03 Notices and Other Communications 17 Section 11.04 Counterparts ..... 18 EXHIBIT A Obligations EXHIBIT B Project EXHIBIT C Projected Expenditure Schedule and Schedule for Completion EXHIBIT D Project Completion Certificate EXHIBIT E Quarterly Status Report Information "FA/TMPC_OO7- Loer Agreement LOAN AGREEMENT This Loan Agreement dated as of February 1, 2007 (the "Agreement ") is between the Texas Military Preparedness Commission (the "Commission "), a division within the Office of the Governor of the State of Texas, and the City of Corpus Christi, Texas, a home -rule municipality (the "Defense Community "). The Defense Community has applied for a loan of financial assistance from the Commission, pursuant to the provisions of Chapter 436, Texas Government Code, as amended, to provide monies to finance one or more projects that will enhance the military value of a military facility located in, near or adjacent to the Defense Community. In consideration of the mutual covenants and agreements contained in this Agreement, the Commission and the Defense Community (collectively. the "Parties") agree as follows: ARTICLE I DEFINITIONS Section 1.01. DEFINITIONS. In addition to all other words and terms defined herein, and unless a different meaning or intent clearly appears from the context, the following words and terms shall have the following meanings. respectively, whenever they are used herein: Additional Obligations - Parity debt payable from the Security issued by the Defense C ommunity for any lawful purpose subsequent to execution of this Agreement. Agreement - This Loan Agreement, together with all exhibits attached to this Loan Agreement, and all amendments and supplements to this Loan Agreement. Application - The application for financial assistance submitted by the Defense Community to the Commission, in reliance upon which the Military Value Revolving Loan Account Loan is to be made in accordance with the terms of this Agreement, as amended or supplemented in the manner mutually acceptable to the Commission and the Defense Community. Authority - The Texas Public Finance Authority, its successors and assigns. Authorizing Proceedings The ordinance, resolution or other document authorizing the issuance of the Obligations adopted by the governing body of the Defense Community. Bonds - The Authority's State of Texas General Obligation Bonds (Texas Military Value Revolving Loan Program), Series 2007A -1 issued to fund the Military Value Revolving Loan Account Loan, Business Day - Any day that is a day (i) on which the Comptroller is open for business and (ii) on which financial institutions in the city where the principal corporate trust office of the paying agent/registrar for the Obligations is located are not authorized by law or executive order to close. fY FA7FM PC2007: Loan Agreemcnr Chapter 436 - Chapter 436, Texas Government Code, as amended. Closing - The time at which the requirements for the Military Value Revolving Loan Account Loan closing have been completed and an exchange of the Obligations for funds to the Defense Community has occurred. 'ommission - The Texas Military Preparedness Commission and any successor thereto. Constitutional Provision - Article III, Section 49 -(n) of the Texas Constitution (as added by Nets 2003, 78th Leg., S.J.R. No. 55, Sec.. 1). Construction (including variations of "to construct ") - Any costs related to constructing and equipping the Project including one or more of the following: (a) preliminary planning to determine the feasibility of a Project; (b) engineering, architectural, legal, title, fiscal, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other necessary actions; (c) the expense of any condemnation or other legal proceeding; (d) erecting, building, acquiring, equipping, altering, remodeling, improving, or extending a Project; or (e) the inspection or supervision of any of the items listed above in this definition. Construction Fund - The fund maintained at the depository bank of the Defense Community and created pursuant to the Authorizing Proceedings into which the applicable Loan Proceeds shall be wired by the Commission for payment of the Cost of the Project. Cost - With respect to the Project, the cost of the Construction of the Project, including, without limitation, the cost of the acquisition of all land, rights -of -way, property rights, easements, and interest, the cost of all machinery and equipment, financing charges, interest during construction, necessary reserve funds, cost of estimates and of engineering, architectural and legal services. plans, specifications, surveys, estimates of cost and of revenue, other expenses necessary or incident to determining the feasibility and practicability of Constructing such Project, administrative expenses of the Commission, the cost to refinance any indebtedness relating to the Project, and such other expense as may be necessary or incident to the acquisition, construction, reconstruction, improvement, and expansion thereof, the placing of the same in operation, and the financing of the Project including costs of issuance. Event of Default- A default as defined in Article IX of this Agreement. MWIP '2(K: Loan ;greemen z Fiscal Year - The consecutive twelve -month period of the Defense Community certified to the Commission as its fiscal year, which currently is the twelve -month period commencing August 1 ending on the next succeeding July 31. Loan Proceeds - The proceeds of the Obligations that are wired by the Commission to the applicable Construction Fund in accordance with the provisions of this Agreement. Loan Repayments - Payments required to be made by the Defense Community to amortize the Obligations in accordance with the terms of the Obligations, including the principal of, and interest on such Obligations when due (whether at stated maturity or upon redemption). Military Value Revolving Loan Account Loan - The loan as described in Section 3.01 of this Agreement. Obligations - the bonds, notes or other public securities delivered by the Defense Community to the Commission to evidence the Military Value Revolving Loan Account Loan attached hereto as Exhibit "A" to this Agreement. Parties - The Coininission and the Defense Community whose signatures are subscribed hereto,. Project - The land, buildings, equipment, facilities, and /or improvements which will be funded or refinanced, in whole or in part, by the Military Value Revolving Loan Account Loan to the Defense Community from the Commission, a description of which is attached hereto as Exhibit "B" to this Agreement. Project Completion Date - The date the Project is completed, as certified in the Project Completion Certificate. Project Completion Certificate - The certificate required in Section 5.05 of this Agreement. Project Component - Each respective item or category of work that has been approved to be financed with the Military Value Revolving Loan Account Loan. Repayment Schedule - The schedule provided by the Authority to the Defense Community showing the amounts and times of Loan Repayments due from the Defense Community necessary to amortize the Bonds. Resolution - The Commission resolution approving the Application of the Defense Community and authorizing the execution of this Agreement. Security - The security for the repayment of the Obligations as set forth in the Authorizing Proceedings. State - The State of Texas TP PA/TMPC2 107 Loan Agreement 3 United States - The United States of America. ARTICLE II RECITALS, FINDINGS AND REPRESENTATIONS Section 2.01. RECITALS, FINDINGS AND REPRESENTATIONS OF THE COMMISSION. The Commission hereby finds and represents as follows: a) It is a division within the Office of the Governor, organized and existing under the constitution and statutes of the State, including particularly Chapter 436. b) It has determined. in the public interest, that it will make the Military Value Revolving Loan Account Loan to finance the Cost of the Project, in reliance upon the information provided by the Defense Community in the Application, and will make the Military Value Revolving Loan Account Loan for such purpose in the manner provided in and in accordance with Chapter 436 and as described in this Agreement. ( c) It is authorized to execute and deliver this Agreement pursuant to applicable laws, including Chapter 436. d) It has taken all action and has complied with all provisions of law with respect to the adoption of the Resolution and the due authorization, execution, delivery and performance of this Agreement, and this Agreement has been duly executed and constitutes a valid and binding obligation of the Commission, enforceable against the Commission in accordance with its terms. Section 2.02. RECITALS, FINDINGS AND REPRESENTATIONS OF THE DEFENSE COMMUNITY. The Defense Community hereby fmds and represents as follows: (a) It is a "defense community" for purposes of Chapter 436 and a home -rule municipality and is fully authorized by law to execute and deliver this Agreement and the Obligations. (b) It has submitted the Application to the Commission seeking financial assistance in paying the Cost of the Project; and there has been no material adverse change in the affairs or financial condition of the Defense Community since filing the Application with the Commission. (c) The Application accurately describes the Project and does not contain any misstatement of fact and does not omit any fact that would materially affect the Project as described in the Application. (d) The governing body of the Defense Community has approved this Agreement and the issuance and delivery of the Obligations by the Authorizing Proceedings in compliance with the Open Meetings Act, Chapter 551 Texas Government Code. rPFAJTM PC '007' Loan Ag- ecrncn, a e) It has taken all action and has complied with all provisions of law with respect to the authorization, execution, delivery and performance of this Agreement and the Obligations, and the consummation of the transactions contemplated hereby and thereby, and this Agreement and the Obligations have been duly executed and constitute valid and legally binding obligations of the Defense Community, enforceable against it in accordance with their respective terms. ( f) The execution of this Agreement and the performance of the transactions contemplated hereby will not violate any law or regulation, judgment, decree, or injunction, or contravene the provisions of or constitute a default under any agreement, indenture, note, resolution, or other instrument to which the Defense Community is a party. g) It has disclosed to the Commission all financial obligations of the Defense Community secured by the Security. (h) The Project will enhance the military value of a military facility located in, near or adjacent to the Defense Community in accordance with Chapter 436 and is included in the Defense Community's defense base military value enhancement statement as required by Chapter 397, Texas Local Government Code. as amended. i) The amount of the Military Value Revolving Loan Account Loan does not exceed the Cost of the Project. .ARTICLE III LOAN TERMS Section 3.01. MILITARY VALUE REVOLVING LOAN ACCOUNT LOAN TERMS. In consideration of the Defense Community's duties and obligations to Construct the Project, as described in Article V hereof, the Commission agrees to loan to the Defense Community the principal amount of $ (hereinafter referred to as the "Military Value Revolving Loan Account Loan"). The Military Value Revolving Loan Account Loan to the Defense Community shall be evidenced by the Obligations which shall be made payable to the Commission by the Defense Community, and the Commission agrees to effectuate such loan by purchasing the Obligations. The Defense Community agrees to use Loan Proceeds solely for the purposes set forth in the Application and in accordance with the Authorizing Proceedings, the Resolution, the terms and conditions of this Agreement. the Obligations and the rules, regulations, and policies of the Commission. Section 3.02. ISSUANCE OF OBLIGATIONS. (a) In considerationofthe covenants and agreements as set forth in this Agreement, and to enable the Commission to make the Military Value Revolving Loan Account Loan, this Agreement is executed to assure the payment of the Obligations in accordance with the terms of the Authorizing Proceedings, and to provide for the due and punctual payment by the Defense Community of the Loan Repayments to be made pursuant to the Obligat ions. FMTMPC.'007: Loan Agreemcn! (b) Notwithstanding any provisions ofthis Agreement or any other contract or agreement to the contrary, the Defense Community's approval of this Agreement shall be the Defense Community's agreement that all covenants and provisions herein affecting the Defense Community shall, upon the delivery of the Obligations, become unconditionally valid and binding covenants and oblations of the Defense Community so long as the Obligations and the interest thereon are outstanding and unpaid. The obligation of the Defense Community to make promptly, when due, all Loan Repayments shall be absolute and unconditional, and said obligation may be enforced in accordance with the Authorizing Proceedings. Section 3.03. INTEREST. The interest to be paid on the unpaid principal balance of the Obligations will be payable beginning on September 1, 2007 and on each March 1 and September 1 thereafter and shall be calculated on the basis of a 360 -day year consisting of twelve 30 -day months as set forth in the Obligations. Interest on any overdue payment on any Obligations, to the extent permitted by law, shall accrue at the interest rate borne by such Obligations. Section 3.04. LOAN REPAYMENTS. (a) Payment of all Loan Repayments shall be made from the Security and deposited as required by this Agreement and the Obligations. (b) Recognizing that the Loan Repayments will be the sole source for the payment of the Obligations, the Defense Community shall be unconditionally obligated to make and pay, or cause to be made and paid, each Loan Repayment regardless of whether the Defense Community actually acquires or completes the Project, or whether the Defense Community actually approves, purchases, receives, accepts, or uses the Project; and such payments shall not be subject to any abatement, set - oft recoupment, or counterclaim; and the holders of the Obligations shall be entitled to rely on this Agreement and representation, notwithstanding any provisions of this Agreement or any other contract or agreement to the contrary, and regardless of the validity of, or the performance of, the remainder of this Agreement or any other contract or agreement. In consideration of its obligation to make or pay, or cause to be made or paid, the Loan Repayments, in the Authorizing Proceedings the Defense Community pledges and grants a lien to the Commission, as the owner of the Obligations, of the Security. i;c) It is specifically recognized that the Authority has agreed in the Financing Agreement that to the extent the Authority determines in its sole discretion that after making a scheduled debt service payment on the Authority's Bonds, funds (including any investment earnings thereon) remain on deposit in the applicable Interest and Sinking Fund (but specifically excluding any funds derived from the Constitutional Provision or any investment earnings thereon), the Authority will use its best efforts to provide for a corresponding reduction in the amount of Loan Repayments due from the Defense Community on the next succeeding payment date on the Obligations by delivering written notice to the Defense Community before the fifth Business Days prior to the next succeeding payment date on the Obligations stating (i) the amount by which the Defense Community may reduce the Loan Repayment to be paid to the Authority on such payment date and (ii) that the Authority agrees to permit the Defense Community to reduce its scheduled Loan Repayment by such amount. PFA/TVPC'U07: Loan Agreemon. Section 3.05. PAYMENTS TO THE DEFENSE COMMUNITY. Loan Proceeds shall be wired by the Commission directly into the applicable Construction Fund maintained in the depository bank of the Defense Community. In accordance with Section 436.155(c), Texas Government Code, proceeds of the Military Value Revolving Loan Account Loan shall be segregated from other funds under the control of the Defense Community and may only be used for purposes related to the Project. Section 3.06. ADDITIONAL OBLIGATIONS. The Defense Community reserves the right to issue Additional Obligations as authorized by law without notice to or the consent of the Commission. ARTICLE IV REPAYMENT Section 4.01. REPAYMENT OF MILITARY VALUE REVOLVING LOAN ACCOUNT LOAN. The Defense Community unconditionally agrees that it shall make Loan Repayments to the Commission in lawful money of the United States, and in such amounts and at such times as shall be necessary to make full and prompt payment on the Obligations when due. The Defense Community agrees to structure the repayment terms of the Obligations to match the Repayment Schedule provided by the Authority in order to provide for the repayment of the Bonds. Section 4.02. WIRE TRANSFER. On the repayment dates, the Defense Community shall wire all principal and/or interest payments due according to instructions provided by the Commission. Section 4.03. PREPAYMENT. The Obligations may be prepaid or redeemed by the Defense Community prior to their scheduled maturities, in accordance with terms and conditions set forth in the Authorizing Proceedings, including without limitation, notice being given to the Commission and the Authority in the manner provided in the Authorizing Proceedings. ARTICLE V THE PROJECT Section 5.01. APPROVALS AND PERMITS. The Defense Community agrees to obtain the necessary approvals and permits for the construction, improvements and extensions of the Project Section 5.02. CONSTRUCTION. The Project shall be Constructed with all reasonable dispatch, and the Defense Community will use its best efforts to cause the Construction of the Project to be completed as soon as practicable, delays incident to strikes, riots, acts of God, or the public enemy, or other causes beyond the reasonable control of the Defense Community only excepted; but if for any reason there should be delays m such Construction there shall be no diminution in Loan Repayments to be made by the Defense Community hereunder, and no resulting TPFAJTMPC'007: Loan Agreemen' liability on the part of the Commission. The projected expenditure schedule and schedule for completion of the Project are attached hereto as Exhibit "C ". The Project shall be completed on or beft►re the fifth anniversary of the Closing. The Defense Community shall Construct the Project or cause the Project to be Constructed and the Commission shall have no responsibility or liability whatsoever with respect to the Project and the Construction thereof. It is agreed and understood that the Defense Community has entered or will enter into and execute all agreements and contracts necessary to assure and accomplish the actual Construction of the Project and that the Defense Community will carry out, pay, supervise, and enforce all such agreements and contracts, and will provide for such insurance on and in connection with the Construction of the Project as is required by law and this Agreement. The Defense Community shall pay, from proceeds from the Military Value Revolving Loan Account Loan, and from any available income or earnings derived therefrom, and from other funds of the Defense Community to the extent necessary, the entire Cost of the Project. The Defense Community shall promptly pay all taxes, including specifically all sales taxes and ad valorem taxes, in connection with the Project and the Construction thereof to the extent the Defense Community is liable therefor. Section 5.03. TITLE. The Commission shall have no right, title, or interest in and to the Project Except for making the Military Value Revolving Loan Account Loan to the Defense Community in the manner provided in this Agreement, the Commission shall not be responsible or liable in any manner for any claims, losses, damages, penalties, costs, taxes, or fines with respect to the Construction, operation, maintenance, or ownership of the Project. Section 5.04. OPERATION. The Defense Community represents and covenants that it will operate and maintain the Project, or cause the Project to be operated and maintained, and will pay, or cause to be paid, all costs and expenses of operation and maintenance of the Project, including all applicable taxes, and that it will keep or cause to be kept in force adequate insurance on the Project as is prudent customarily carried by persons engaged in the same business and operating systems like the Project. It is understood and agreed that the Commission shall have no duties or responsibilities whatsoever with respect to the operation or maintenance of the Project, or the performance of the Project for its designed purposes. Section 5.05. COMPLETION OF PROJECT. Upon the completion of the Project, the Defense Community shall provide the Authority with a Project Completion Certificate in the form provided in Exhibit "D ". ARTICLE VI FINANCING THE PROJECT Section 6.01. SECURITY FOR THE MILITARY VALUE REVOLVING LOAN ACCOUNT LOAN. The obligations of the Defense Community under the Obligations shall be payable from the Security. PO NA 00 ' Loa; Section 6.02. INDEMNITIES. To the extent permitted by State law, the Defense Community releases the Commission, its officers, employees and agents, and the members of its governing body (collectively the "Indemnified Parties ") from any and all liability, cost, expense, damage or loss of whatever nature (including, but not limited to, attorneys' fees, litigation and court costs, amounts paid in settlement, and amounts paid to discharge judgments) directly or indirectly resulting from, arising out of, in connection with, or related to (i) the issuance, offering, sale, delivery or payment of the Obligations and this Agreement and the obligations imposed on the Commission hereby and thereby; or the construction, operation, use, occupancy, maintenance, or ownership of the Project; (ii) any written statements or representations made or given by the Defense Community or any of its officers or employees to the Indemnified Parties, or any purchasers of the Obligations, with respect to the Commission, the Defense Community, the Project, or the Obligations, including, but not limited to, statements or representations of facts, financial information, or corporate affairs; (iii) damage to property or any injury to or death of any person that may be occasioned by any cause whatsoever pertaining to the Project. The provisions of the preceding sentence shall remain and be in full force and effect even if any such liability, cost, expense, damage or loss or claim therefor by any person, directly or indirectly results from, arises out of, or relates to or is asserted to have resulted from, arisen out of or related to, in whole or in part one or more negligent acts or omissions of the Indemnified Parties or any other party acting for or on behalf of the Indemnified Parties in connection with the matters set forth in clauses (i) through (iii) of said sentence. ARTICLE VII REPORTING REQUIREMENTS Section 7.01 RECORDS AND ACCOUNTS. The Defense Community shall keep and maintain complete records and accounts pertaining to the Project including, without limitation, reports regarding the Construction Funds in accordance with generally accepted accounting principles and shall provide the Authority, acting as agent for the Commission, with the following reports and any other report as the Authority or the Commission shall from time to time reasonably require Section 7.02. QUARTERLY REPORTS. Not later than the 15th day of each April, July, October and January, through the quarter in which the Project Completion Date occurs, the Defense Community shall prepare and deliver to the Authority a quarterly status report, containing the information set forth in Exhibit "E" to this Agreement, covering the preceding three calendar months. At other times (whether before or after the Project Completion Date), the Defense Community shall provide the Authority and the Commission, upon request, with any information available to the Defense Community regarding the Military Value Revolving Loan Account Loan and the Project Section 7.03. ANNUAL AUDIT. While the Military Value Revolving Loan Account Loan is outstanding, the Defense Community will submit to the Authority its comprehensive annual financial report prepared in accordance with generally accepted auditing standards by a certified r?'FAJTMPC2007: Loan Agreemerr pubic accountant or licensed public accountant. Audits shall be submitted to the Authority no later than thirty (30) days following the acceptance of such annual audit by the Defense Community. Section 7.04. FINAL ACCOUNTING. Upon completion of the Project, a final accounting will be made to the Authority. The final accounting will account for all sources, amounts and uses of funds in completion of the Project. Any surplus loan funds shall be used in accordance with Section 10.03 of this Agreement. The Defense Community will retain all construction records for three i 3) full Fiscal Years following completion of the Project. Section 7.05. RECORDS RETENTION. (a) The Defense Community shall maintain adequate record - keeping procedures and shall retain all documents and working papers stored on paper. electronic, or other media ( "Records ") related to the services and requirements identified in this Agreement. The Defense Community shall provide originals or copies of all Records to the Commission or the Authority upon the request. b) The Defense Community shall retain the Records for a period of three (3) years after the final payment of the Military Value Revolving Loan Account Loan under the terms of this Agreement with the following qualification: if any audit, claim, or litigation is initiated before the expiration of the three -year period, the Records shall be retained until the audit, claim, or litigation is resolved or until the end of the regular three -year period, whichever is later. At the end of the three -year period. the Defense Community shall request disposition instructions for the Records from the Authority. and shall dispose of the records in accordance with the Authority's instructions. c) The Defense Community agrees to furnish the Commission, the Authority or their respective designees with such additional information related to the Project as may be reasonably requested. The Defense Community shall permit the Commission, the Authority or their respective designees to audit and inspect records and reports related to the Project at any time during normal business hours. The Defense Community shall provide reasonable access to all the records, books, reports. and other necessary data and information required to accomplish a review of activities, services, expenditures relating to the Project, and the accuracy of reviews and reports. The Defense Community shall also provide reasonable access to its employees by the Commission, the Authority or their respective designees during normal business hours. Section 7.06. RATING REPORTS. The Defense Community agrees to promptly provide the Authority with a notice of any confirmation of, change in or withdrawal of the ratings assigned to the Obligations by any nationally recognized rating agency that maintains a rating on the Obligations and any reports of such agency available to the Defense Community describing such confirmation, change or withdrawal. ARTICLE VIII TAX COVENANTS Section 8.01. COVENANTS (a) The Defense Community covenants to take any action necessary to assure, or refrain from any action which would adversely affect the treatment of the ?TFA/TMPC2007_ Loan Agreement 1) Obligations as obligations described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code "), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Defense Community covenants as follows: (i) to take any action to assure that no more than 10 percent of the proceeds ofthe Obligations or the Project financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the Project financed therewith are so used, such amounts, whether or not received by the Defense Community, with respect to such private business use, do not, under the terms of the Resolution or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Obligations, in contravention of section 141(b)(2) of the Code; (ii) to take any action to assure that in the event that the "private business use" described in subsection (i) hereof exceeds 5 percent of the proceeds of the Obligations or the Project financed therewith (less amounts deposited to a reserve fund, if any) then the amount in 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; (iii) 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 Obligations (less amounts deposited to 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: (iv) to take any action to assure that no more than 5 percent of the proceeds of the Obligations are used to provide any output facility (other than a facility for furnishing water) with respect to which there is any "private business use" as more fully set forth in section 141(b)(3) of the Code; (v) to refrain from taking any action which would otherwise result in the Obligations being treated as "private activity bonds" within the meaning of section 141(1)) of the Code, (vi) to refrain from taking any action that would result in the Obligations being "federally guaranteed" within the meaning of section 149(b) of the Code; i v ii) to refrain from using any portion of the proceeds of the Obligations, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly. to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a materially higher yield over the term of the Obligations, other than investment property acquired with - ,'F /TM PC2007: Loan Agreement (A) proceeds of the Obligations invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the Obligations are issued; (B) amounts invested in a bona fide debt service fund, within the meaning of section 1.148 -1(b) of the Treasury Regulations; and (C) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Obligations; and (viii) to otherwise restrict the use of the proceeds of the Obligations or amounts treated as proceeds of the Obligations, as may be necessary, so that the Obligations do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage), Section 149(g) of the Code (relating to hedge bonds), and, to the extent applicable, section 149(d) of the Code (relating to advance refundings). ( b) The Defense Community understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Obligations. It is the understanding of the Defense Community 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 Obligations, the Defense Community 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 Defense Community agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of such intention, the Defense Community hereby authorizes and directs the City Manager to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Defense C:oznmunity, which may be permitted by the Code as are consistent with the purpose for the issuance of the Obligations and the Bonds. (c) The Defense Community will account for the expenditure of sale proceeds and investment earnings to be used for the Project on its books and records in accordance with the requirements of the Code. The Defense Community recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed; but in no event later than three years after the date on which the original expenditure is paid. Further, the Defense Community recognizes that in order for proceeds to be expended under the Code, the sale proceeds or investment earnings must be expended no more than 60 days after the - FA/TMat, Loan Agree,n:ni earlier of (1) the fifth anniversary of the delivery of the Obligations, or (2) the date the Obligations are retired. The Defense Community agrees to obtain the advice of Bond Counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will not adversely affect the tax- exempt status of the Bonds. For purposes hereof, the Defense Community shall not be obligated to comply with this covenant if it obtains an opinion of Bond Counsel that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest on the Bonds. (d) The Defense Community covenants that the property constituting the Project will not be sold or otherwise disposed of in a transaction resulting in the receipt by the Defense Community of cash or other compensation, unless the Defense Community obtains an opinion of nationally- recognized bond counsel acceptable to the Authority that such sale or other disposition will not adversely affect the tax - exempt status of the Bonds. For purposes of this subsection, the portion of the property comprising personal property and disposed of in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes of this subsection, the Defense Community shall not be obligated to comply with this covenant if it obtains an opinion of nationally - recognized bond counsel acceptable to the Authority 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 on the Bonds. ( e) It is specifically recognized that the Authority has established a Rebate Fund under the Resolution with respect to the Bonds for the purpose of complying with section 148 of the Code and the Treasury Regulations promulgated pursuant thereto. In furtherance of the foregoing, unless the Defense Community provides instructions to the Authority that it has met or expects to meet one of the exceptions available under such section of the Code, the Defense Community will satisfy its obligations under section 148(0 of the Code as set forth below: (i) At the close of each "Bond Year," the Defense Community shall compute the amount of "Excess Earnings," if any, for the period beginning on the date of delivery of the Obligations and ending at the close of such "Bond Year" and transfer to the Authority an amount equal to the difference, if any, between the amount then in the Rebate Fund and the Excess Earnings so computed. The term "Bond Year" means with respect to the Obligations each one -year period ending on the anniversary of the date of delivery of the Obligations or such other period as may be elected by the Authority at the request of the Defense Community in accordance with the Code. If, at the close of any Bond Year, the amount in the Rebate Fund exceeds the amount that would be required to be paid to the United States of America by the Authority under the Resolution if the Obligations had been paid in full, the Authority may transfer such excess from the Rebate Fund to the Defense Community to be used for such purposes for which, or to be redeposited to such fund from which, such amounts were originally derived. (ii) In general. "Excess Earnings" for any period of time means the sum of ( 1 ) the excess of -- rnFA/TN, PC 2007' Loan Agreem:n.. 13 (A) the aggregate amount earned during such period of time on all "Nonpurpose Investments" (including gains on the disposition of such Obligations) in which "Gross Proceeds" of the issue are invested (other than amounts attributable to an excess described in this subparagraph (ii)(1)), over (B) the amount that would have been earned during such period of time if the "Yield" on such Nonpurpose Investments (other than amounts attributable to an excess described in this subparagraph (ii)(1)) had been equal to the yield on the issue, plus (2 } any income during such period of time attributable to the excess described in subparagraph (ii)(1) above. ( iii ) The amounts to be computed, paid, deposited or disbursed under this section shall be determined by the Defense Community within twenty -one days after each successive anniversary date of the date of issuance of each issue or series of Obligations. By such date, the Defense Community shall also notify, in writing, the Authority of the determinations the Defense Community has made and the payment to be made pursuant to the provisions of this section. (iv) The Authority shall maintain a record of the periodic determinations by the Defense Community of the Tentative Rebate Amount for a period beginning on the first anniversary date of the issuance of the Obligations and ending on the date three years after the final retirement of the Obligations. Such records shall state each such anniversary date and summarize the manner in which the Tentative Rebate Amount, if any, was determined. This provision shall not be applicable if all "Gross Proceeds" of the Obligations are expended within 180 days of the date of the delivery of the applicable series or issue of Obligations. Section 8.02. OPINION. The legal proceedings for the Obligations shall include an opinion Jf nationally recognized bond counsel ( "Bond Counsel ") that the interest on the Obligations is excludable from gross income of the holder for purposes of federal income taxation and that the Obligations are not "private activity bonds" within the meaning of section 141(a) of the Code. Bond Counsel may rely on covenants and representations of the Defense Community and the Authority in rendering such opinion ARTICLE IX DEFAULT Section 9.01. EVENT OF DEFAULT. An Event of Default under this Agreement means the occurrence and/or continuance of any one of the following: a) the failure of the Defense Community to make payment of any Loan Repayment within ten (10) Business Days of the date such Loan Repayment is due and payable; or rp1 AfIMPt2U(7 Loan 4greemera 14 ( b) the failure, inability or unwillingness of the Defense Community to carry out or comply with the specific activities in the Application or with any of the terms or conditions of this Agreement, the Obligations or any applicable State or Federal laws or rules of the Commission, and the continuation of said failure, inability or unwillingness for a period of fifteen (15) Business Days following written notice from the Commission to the Defense Community; or c) the submission or making of any reports, statement, warranty, or representation by the Defense Community or its agent on its behalf to the Commission in connection with the financial assistance awarded hereunder which is false, incomplete or incorrect in any material respect, or ( d) the failure of the Defense Community to remedy any material, adverse change in its financial condition arising since the date of the Resolution approving the Military Value Revolving Loan Account Loan, and the continuation thereof for a period of fifteen (15) Business Days following written notice thereof by the Commission to the Defense Community; or {e) the failure of the Defense Community to comply with the covenants in this Agreement including those contained in Section 8.01 of this Agreement for a period of fifteen (15) Business Days following written notice from the Commission or the Authority to the Defense Community. Section 9.02. REMEDIES. If an Event of Default shall have occurred and be continuing, the Commission may enforce the covenants and obligations of this Agreement, the Obligations and the Authorizing Proceedings 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 Defense Community, its officials and employees, or any appropriate official of the State. Section 9.03. VENUE. In the event of a default in payment of the principal of or interest on the Obligations or any other default as provided for in this Agreement or any other contested matter arising as a result of the provisions of this Agreement, proceedings shall be brought and venue shall be in a district court of Travis County. ARTICLE X SPECIAL COVENANTS Section 10.01.APPLICABLE LAW. Interpretation of this Agreement shall be governed and enforced in accordance with the laws of the State and the United States. Section 10.02. RULES, REGULATIONS AND POLICIES OF THE COMMISSION. The Defense Community agrees and covenants to comply with all applicable laws of the State and the United States and with the rules, regulations and policies of the Commission with respect to the Military Value Revolving Loan Account Loan and the performance of this Agreement as evidenced by the Resolution and this Agreement and all exhibits. 7FFAITMPC2.)07- Loan Agrcemen; Section 10.03. USE OF PROCEEDS. The proceeds of the Obligations may be used only for the purposes described in the Authorizing Proceedings which generally include (i) paying or reftancing the Cost of the Construction of the Project and (ii) the payment of the costs incident to the issuance of the Obligations, including but not limited to the fees and expenses relating to the costs of issuance ofthe Bonds and certain administration expenses ofthe Commission. Any surplus Military Value Revolving Loan Account Loan funds remaining after the delivery of the certificate of completion described in Section 5.05 of this Agreement shall be applied to the Project or to Loan Repayments that are payable to the Commission; provided that the Authority shall approve such use of surplus Military Value Revolving Loan Account Loan funds prior to the expenditure thereof by the Defense Community. Section 10.04.INCONSISTENT PROVISIONS. All resolutions or agreements or parts thereof which are in conflict or inconsistent with any provision of this Agreement are hereby repealed to the extent that such conflict and the provisions of this Agreement shall be and remain controlling as to the matters contained herein. Section 10.05. THIRD PARTY BENEFICIARY. The Parties acknowledge and agree that the Authority as the issuer of the Bonds shall be deemed a third party beneficiary to this Agreement. Section 10.06. SEVERABILITY. If any provision of this Agreement or the application thereof to any circumstance shall be held to be invalid, the remainder of this Agreement and the application thereof to other circumstances shall nevertheless be valid, and the Parties hereby declare that this Agreement would have been enacted without such invalid provision. Section 10.07. CONSTRUCTION OF TERMS. If appropriate in the context of this Agreement, words of the singular number shall be considered to include the plural, and words of the plural number shall be considered to include the singular. The constitutional and statutory provisions referenced in this Agreement include any future amendments thereto. Section 10.08. NOTICE OF SALE OF OBLIGATIONS. The Commission agrees to provide written notice to the Defense Community promptly after the Commission transfers ownership of all or any portion of the Obligations as authorized by the provisions of the Financing Agreement. For so long as the Commission or any successor agency thereto is the owner of any Obligation it shall be the responsibility of the Defense Community to comply with the conditions of Article VII of this Agreement Section 10.09. NOTICE OF REFUNDING. (a) The Defense Community agrees to provide the Commission and the Authority with written notice that it intends to deliver obligations to refund all or any portion of the outstanding Obligations, with such notice to be delivered to the Commission and the Authority no later than forty -five (45) days prior to the delivery of such refunding obligations. 1' FA/TM PC2007: Loan Agreen IF, (b) The Commission agrees to provide the Defense Community with written notice in accordance with the Financing Agreement that the Authority intends to deliver obligations to refund all or any portion of the outstanding Bonds with such notice to be delivered to the Defense Community no later than forty -five (45) days prior to the delivery of such refunding obligations. ARTICLE XI MISCELLANEOUS PROVISIONS Section 11.01 TERM OF AGREEMENT. This Agreement shall take effect upon its delivery by the Parties hereto and shall remain in effect until the Military Value Revolving Loan Account Loan has been fully paid or until no more periodic status reports are required from the Defense Community under this Agreement, whichever is the later to occur. Section 11.02. AMENDMENT. The Defense Community and the Commission, by mutual agreement, may amend this Agreement. Any proposed amendment shall be provided to the Authority at least 30 days prior to adoption of such amendment. Section 11.03. NOTICES AND OTHER COMMUNICATIONS. (a) Notices, certificates, approvals and other communications under this Agreement shall be in writing and delivered by United States mail, postage paid, by telex, telegram or other electronic transmission, or by express or personal delivery, addressed as follows: (1) if to the Commission: Texas Military Preparedness Commission P O. Box 12428 Austin, Texas 78711 Attention: Executive Director (2) if to the Defense Community: City of Corpus Christi, Texas 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Manager (b) Any such party may designate any additional or different address to which communications under this Agreement shall be delivered by giving at least five days' advance notice thereof to the affected party. !'FAIRv] PC2007: Loan Agreemcni ( c) Any communication delivered by mail in compliance with this section is deemed to have been delivered as of the date of deposit in the mail. d) A provision of this Agreement that provides for a different method of giving notice or otherwise conflicts with this section supersedes this section to the extent of the conflict. Section 11.04. COUNTERPARTS. This Agreement may be executed in multiple counterparts. each of which shall be an original and all of which shall constitute one and the same document. }' ARMPC2'107: Loan Agreemen=. [Execution Pages Follow] 1 fc IN WITNESS WHEREOF, the Commission and the Defense Community have executed this Agreement as of the date below. TFARMP( 2007 Loan Agreemen' CITY OF CORPUS CHRISTI, TEXAS By: Title: City Manager Approved: By: Title: City Attorney Date: ExecutionPage rPF ARM PC2tX) 7 Loan kgreeme ' TEXAS MILITARY PREPAREDNESS COMMISSION By: Title: Executive Director Date: ExecutionPage 1PFA/FMPC2007: Loan Agreement EXHIBIT A OBLIGATIONS A -1 "rPFA/TM PC2007, Loan Agreemen, EXHIBIT B PROJECT B- 1 TPFAIT7v1PC2n07: Loan Agreement EXHIBIT C PROJECTED EXPENDITURE SCHEDULE AND SCHEDULE FOR COMPLETION OF THE PROJECT c -1 EXHIBIT D PROJECT COMPLETION CERTIFICATE The undersigned hereby certifies, on behalf of the City of Corpus Christi, Texas (the "Defense Community "), to and for the benefit of the Texas Public Finance Authority as follows: a) The capitalized terms in this Certificate that are not herein defined shall have the meanings defined in the Loan Agreement, dated as of February 1, 2007, between the Texas Military Preparedness Commission and the Defense Community. b) The Project was completed on (or no further proceeds of the Military Value Revolving Loan Account Loan are to be expended for Project Costs as of) 'insert date]. IN WITNESS WHEREOF, the undersigned executes this Certificate on the date shown below TP AItMPC2 +K }7: Loan kgreement D -i By: Date: EXHIBIT E QUARTERLY STATUS REPORT INFORMATION The quarterly status report prepared by the Defense Community pursuant to this Agreement shall contain the following information with respect to the Project financed with the Military Value Revolving Loan Account Loan: (1) identity of the Project Components (name, ID no., etc.) and the original date on which such Project Components were first fmanced hereunder; (2) fund number(s); 3) investment earnings; (4) description of work category; (5) amount expended for reporting quarter; (6) total amount expended to date; (7) amount encumbered; (K) available balance; (9) percent work complete; (10) percent funds expended; and (11) narrative identifying any problems (including, without limitation, delays and cost overruns) and indicating whether such problems will substantially alter work schedule or costs. TPFA/TMPC2007: Loan Agreemem E- -1 12 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: February 13, 2007 AGENDA ITEM: Approving a resolution in support of the efforts of the BiNational Texas - Tamaulipas Economic Alliance ISSUE: The BiNational Texas - Tamaulipas Economic Alliance (the Alliance) has as goals the creation of a "Texas- Tamaulipas International Trade and Research Center," clearinghouse of Economic Development leads, increasing economic activity between the two states, serving as a facilitator between the two governments and influencing public policy. Mentership in the Alliance consists of Mayors from Texas/Tamaulipas communities. The Board of Directors has four representatives from the Tamaulipas Alliance group and *Dur representatives from the Texas Alliance Group. The four representatives from Texas are: Henry Garrett. Mayor, Corpus Christi; Sam Fugate, Mayor, Kingsville; San Juanita Sanchez, Mayor of San Juan; and one vacancy. Meengs are held monthly in alternating locations in Texas and Tamaulipas. The first meeting was held in October 2006. The next scheduled meeting is in San Juan, Texas on February 23, 2007 The Alliance requests our support via approval of the resolution and seeks to increase international cooperation and communication between the two states. REQUIRED COUNCIL ACTION: Approval of the Resolution. CONCLUSION AND RECOMMENDATION: City staff recommends approval of the Resolution. Irma Caballero, Director Economic Development RESOLUTION Page 1 of 4 IN SUPPORT OF THE EFFORTS OF THE BINATIONAL TEXAS - TAMAULIPAS ECONOMIC ALLIANCE WHEREAS, the states of Mexico and the United States of America bordering on the Texas- Tamaulipas border share a well defined geographic region; WHEREAS, the Texas - Mexico border spans four U.S. states, 48 U.S. Counties and six Mexican States; WHEREAS, the Rio Grande or Rio Bravo, as it is called in Mexico, serves as the dividing line of the Texas- Mexico Border; WHEREAS, according to figures provided by the International Boundary and Water Commission, the U.S,- Mexico border's total length is 1,951 miles; and is the most frequently crossed international border in the world, with some 350 million people crossing legally every year; WHEREAS, there are a total of 23 points of entry in the Texas - Mexico border, with 13 of the 23 points of entry, or 57% of all points of entry with Mexico are located in the Texas - Tamaulipas border; WHEREAS, according to the United States Census Bureau "Foreign Trade Statistics ", the United States is Mexico's largest trading partner, and Mexico is the United States second largest trading partner: WHEREAS, according to the U.S. Census Bureau, "Foreign Trade Statistics ", the U.S. Exports to Mexico in 2005 were $120 billion and the U.S. Imports from Mexico were over $170 billion: WHEREAS, it is expected that the unreleased fiscal year 2006 trade figures of exports and imports to Mexico are expected to surpass the 2005 trade figures; WHEREAS, the states of Texas and Tamaulipas and the respective communities in the two states and two nations have many areas of common interest including the support of private sector development between our regions, and the implementation of the articles of the North American Free Trade Agreement (NAFTA); WHEREAS, the BiNational Texas - Tamaulipas Economic Alliance have identified numerous areas of mutual interest including the objectives of encouraging trade, investment, transportation, communication, health and environmental issues, educational and cultural exchange between the two geographic regions for the benefit of our citizens; H \LEG- DIRUeannie\Gary\ Res - Texas- TamaulipasEconomicAlliance.doc Page 2 of 4 WHEREAS, communities in Tamaulipas and in Texas are participating and supporting the efforts of the BiNational Texas - Tamaulipas Economic Alliance; WHEREAS, the purpose of the BiNational Texas - Tamaulipas Economic Alliance is to facilitate international cooperation and increase economic activity between Texas and Mexico; WHMEAS, the BiNational Texas - Tamaulipas Economic Alliance has identified numerous areas of mutual interest including encouraging trade; WHEREAS, the underlying concept of the BiNational Texas - Tamaulipas Economic Alliance is the development and implementation of a strategy that leads to sustainable development and improves the quality of life for the people of both nations; and WHEREAS, the City of Corpus Christi shares a common desire to foster and encourage mutual cooperation between the two states of Texas and Tamaulipas and their respective communities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City of Corpus Christi wishes to foster and encourage mutual cooperation between the states of Texas and Tamaulipas. Section 2. The City of Corpus Christi strongly supports the efforts of the Bi- National Texas- Tamaulipas Economic Alliance. Section 3. The City of Corpus Christi pledge its strong support for the creation of working partnerships between the states of Texas and Tamaulipas to foster the evolution of economic development and infrastructure development opportunities, as well as educational and cultural exchanges. Section 4. The City of Corpus Christi recognizes the value of the BiNational Texas - Tamaulipas Economic Alliance and will participate in its efforts to improve the quality of life for the citizens of both states. Secton 5. This Resolution shall be and become effective on or after adoption. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor -?: \LEG -DI R\Jeannie\Gary\ Res - Texas- TamaulipasEconomicAlliance.doc APPROVED AS TO FORM: February 8, 2007 ar)rnjac., Gary'! . Smith Assistant City Attorney For the City Attorney H \LEG -DIR \Jeannie \Gary\ Res - Texas- TamaulipasEconomicAlliance.doc Page 3 of 4 Page 4 of 4 Corpus Christi, Texas of , 2007 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 H `LEG -D I R\Jeannie \Gary\ Res - Texas- TamaulipasEconomicAlliance.doc 13 AGENDA MEMORANDUM DATE: February 13, 2007 SUBJECT: Southmoreland Addition Street Improvements Phase 3B & 4B, Part 1 AGDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Reese Contracting in the amount of $977,777.00 for the Southmoreland Addition Street Improvements Phases 3B & 4B, Part 1. ISSI, : This project is the next phase of street and utility improvements scheduled for the Southmoreland area and requires the approval of City Council before work may begin. FUMING: Funds for this project are available in the Fiscal Year 2007 Street Capital Improvement Budget through the Community Development Block Grant Program. REC M DATION: Staff recommends approval of the motion as presented. g R. Escobar, P. E irector of Engineering Services .10/07 Adon,- Support Marial: Exhi 't "A" Background Information Exhibit "B" Project Budget Exhibit "C" Bid Tab Exhibit "D" Location Map Daniel Gallegos r., CPM CD Administrator H:I HOMEILYNDAS \AEN\Streets \CDBG16172 - Sauthmoreland. Phase 38 .4B\Construction\Memorandum.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Southmoreland Addition Area Street Improvements Phases 3B & 4B, Part 1 PROOECTDESCRIPTKI: This construction contract consists of the reconstruction of Fanny Street from Ayers Street to the dead end and Lewis Street from Fannin to Norton. The existing streets are unimproved with no underground drainage, curbs and gutters, or sidewalks. This project will provide for the total reconstruction of these streets to include underground drainage, curbs and gutters and sidewalks that satisfy all ADA requirements. In addition, new water lines and sanitary sewers will be installed to up grade these services to the residents along the streets. PROJECT,1)ACKGROUND: The poor condition of the aged infrastructure and location of the Southmoreland neighborhood was the basis for inclusion in the Community Development Block Grant Program (CDBG). This is an older area of the City and is characterized by inadequate drainage capacity. Due to limited funding, this project is being divided into several phases. This current contract begins the next phase of a program to provide the same types of improvements to other streets in this area, primarily portions of Norton Street, Watson Street, Naples Street and more of Lewis Street. These streets will be completed as the funding becomes available through the CDBG program. The construction phasing sequence includes: • Phase 4B Part 1: (Current Contract) o Fannin — Ayers to dead end, • Lewis — Fannin to Norton, • Phase 4B Part 2: (Future Phase) o Norton — Ayers to Naples, o Lewis — Fannin to Norton, • Phase 3B Part 3: (Future Phase) o Watson — Ayers to Naples, o Lewis — Watson to Clemner, • Phase 3B Part 4: (Future Phase) o Naples — Richard to Norton, Previous phases of this project have included: 905 I.f. 180 I.f. 1,250 I.f. 170 I.f. 1,250 I.f. 300 I.f. 900 I.f. H:\ HOME \LYNDAS\GEMStreets,CDBG16t 72 - 3outhmoreland Phase 3B- 481Construction\Agenda Background.doc • Southmoreland Phase 3A (Completed) o Lewis Street - Richard Street to Clemner Street • Southmoreland Phase 4A (Completed) o Ramsey Street between Norton to Brawner Parkway Repairs to these streets also included reconstruction of street pavement and installation of underground storm sewers, curbs, gutters, sidewalks and driveways, as well as replacement of waterlines and elimination of roadside ditches. BID tIFO!'AATION: Bids were received on January 24, 2007 with five (5) bidders submitting a proposal. The bid proposal was set up with one (1) Base Bid. The range of the bids was $ 977,777 to $1,311,823.99. The low bid was submitted by Reese Contracting from Corpus Christi, Texas (See Exhibit "C" Tabulation of Bids) One bid was deem non - responsive by the City of Corpus Christi's legal department due to the bid bond was not signed by someone who did not have the Power of Attorney to sign. This did not affect the priority bid order though. Therefore, the City's consultant, Goldston Engineering, and City staff recommend award of the proposed construction contract to Reese Contracting of Corpus Christi, Texas in the amount of $977,777 for the Southmoreland Addition Area Street Improvements Phases 3B & 4B, Part 1 project. COIRACT TERMS: The contract specifies that the project will be completed in 150 calendar days, with completion anticipated by August 2007. FUMING: Funds for this project are available in the FY 2007 Street Capital Improvement Program Budget through Community Development Block Grant funds. PRIt2 COUNCIL ACTION: 1 Februarry 25, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute a consultant contract with Goldston Engineering, Inc. in the amount of $64,210 for the Southmoreland Addition Area Street Improvements, Phases 3B & 4B. (Motion No. M2003 -076) .July 11, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the contract for professional services with Goldston Engineering, Inc. in the amount of $227,831 for a total restated fee of $292,041 for the Southmoreland Addition Area Street Improvements, Phases 3B & 4B. 4epte fiber 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) PRIQR ADMINISTRATIVE ACTION: 1. February 20, 2002 — Distribution of Request For Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 2. March 13, 2002 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002- H HOME1LYNDASIGEN \Streets \CDBG16172 Southmoreland. Phase 3B- 48 \Construction\Agenda Background.doc 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 3 March 15, 2002 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 4 March 26, 2002 — Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). March 28, 2002 — Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). FUTURE COUNCIL ACTION: Nothing Anticipated. H H OME \LYNDAS`.GEN\Streets1CDBG16172 - Southmoreland. Phase 3B- 4B ■ConstructionlAgenda Background.doc \Mproject \CouncilExh \exh6172a. dwg San Patricia County a. 0 0 IMI NM 1.11=1-.1.11=1 NM 1 -1.11111MI NMI =UM nummumbroza .... .... ......., EN is ...., ..._ ..... _,.... ....... ,...... ...... ........ tow MIMI= MNM=MI iMlI l =NM IIN I ME IIIIIMP1.11. 1I M .M= E =IM• 11 aam e M= _Mn kailk E=.......===i- 11 -- ........„......._........ = a Illt i 111"1 II = -. e' IMM -I 11 I A 171 Le...1.111 ■•• ■■■., IS d co W 1 14 AGENDA MEMORANDUM City Council Action Date: February 13, 2007 SUBJECT; O.N. Stevens Water Treatment Plant Walking Beam Flocculator Repairs (Project No. 8513) AGE1IDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with R.S. Black Civil Contractors Inc. /Machinery & Materials Inc. (a joint venture) of Corpus Christi, Texas, in the amount of $722,340.00 for the O.N. Stevens Water Treatment Plant Walking Beam Flocculator Repairs for the Total Base Bid and Additive Alternate Nos. 1 and 2. ISSN: The ONSWTP Walking Beam Flocculator Repairs project is required to repair and upgrade the existing flocculators for Primary Sedimentation Basins No. 1 and 2. When completed, the 12 walking beam flocculators will provide extended service life and reduced maintenance costs. The project has bid and Council approval is required to award the construction contract. FUMING: Funds for this project are available from the FY 2006 -2007 Water Capital Improvement Budget. REC DATION: Staff recommends approval of the motion as presented. \ ' r A' e s�If Edu -, • c" rya, P.E. �e7 gel R. Escobar, P.E. ! �, Dire.'�''o v ater Services 'rector of Engineering g eenng Services Add %final Support MatVial: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibk "C" Project Budget Exhibk "D" Location Map H:\ HOME\ Richelle \GEMWater\ONSWTP18513 -F iocculators\ConstructionWgenda Memo. doc BACKGROUND INFORMATION SUBJECT: O.N. Stevens Water Treatment Plant Walking Beam Flocculator Repairs (Project No. 8513) PR( ECT9ESCRIPTION: The ONSWTP Walking Beam Flocculator Repairs project is required to repair and upgrade the existing flocculators for Primary Sedimentation Basins No. 1 and 2. The project will provide realignment of the existing equipment within proper tolerances and replacement of worn parts with new upgraded parts. One year of maintenance and one additional year of warranty for the new and repaired equipment shall also be included in this project. When completed, the 12 walking beam flocculators at Primary Sedimentation Basins 1 and 2 will provide extended service life and reduced maintenance costs. The project was bid as follows: • Total Base Bid (Items 1 -29) • Additive Alternate No. 1 - Maintenance for one (1) year as recommended by the original equipment manufacturer excluding any daily and weekly maintenance items. • Additive Alternate No. 2 - Remove existing walking beams and replace with new walking beams fabricated with new rod end brackets and new rod end bearings provided by the original equipment manufacturer, in lieu of Bid Item No. 8, which is the modification only of the 72 walking beam flocculators. BID IFOI RATION: The City received a proposal from one bidder on January 17, 2007 (see Exhibit "B" Bid Tabulation). R.S Black Civil Contractors Inc. /Machinery & Materials Inc.'s bid breaks out as follows: > Total Base Bid (Items 1 -29): $707,200.00 Additive Alternate No. 1: $10,100.00 Additive Alternate No. 2: net of $5,040.00 (delete Bid Item No. 8 for $295,200; the bid for the replacement of 72 walking beam flocculators is $300,240.00) TOTAL BID: $722,340.00 The consultant (LNV Engineering) and City staff recommend that the construction contract be awarded to R.S. Black Civil Contractors Inc. /Machinery & Materials Inc. (a joint venture) of Corpus Christi, Texas, in the amount of $722,340.00 for the O.N. Stevens Water Treatment Plant Walking Beam Flocculator Repairs for the Total Base Bid and Additive Alternate Nos. 1 and 2. CONACT TERMS: The contract specifies that the project will be completed in 300 calendar days with completion anticipated by January 2008. PRIOF COJVCIL ACTION: 1. SeVerntier 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) H11QME1Rachelle \GEN1WaterIONSWTP18513 -F locculators\Cclstruction■genda Background.doc PRI(' t AQIIIINISTRATINffi ACTION: 1 J Iv 27.2004 — Administrative approval of a small agreement for Architect/Engineer Consultant Services with LNV Engineering in the amount of $24,900 for the O.N. Stevens Water Treatment Plant Walking Beam Flocculator Repairs. H: IHOMEW achellel GEMWaterI ONSWTP18513- Ftocculators\ConstructionWgenda Background doc TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services TIME OF COMPLETION: 300 Calendar Days BID DATE: January 17, 2007 ENGINEER'S ESTIMATE: 8559,300.00 O.N. STEVENS WATER TREATMENT PLANT WALKING BEAM FLOCCULATOR REPAIRS (PROJECT NO. 8513) ITS ' UNIT 1 1 LS 2 12 EA 3 12 EA 4 12 EA 5 12 EA 8 12 EA 12 EA DESCRIPTION MOBILIZAflON / DEMOBILIZATION R.S. Black Contractors Inc./ Machinery & Materials Inc. - A Joint Venture P.O. Box 6218, C.C., TX 78466 UNIT PRICE REMOVE AND REPLACE TORQUE ARM ASSEMBLY REMOVE AND REPLACE RISER BEAM 16,000.00 $ 4,000.00 REMOVE AND REPLACE TORQUE CONNECTING ROD INCLUDING PILLOW BLOCK BEARINGS AND PINS RE- ALIGNMENT OF WALKING BEAM FLOCCULATOR ASSEMBLY 3,800.00 TOTAL PRICE $ 16,000.00 $ 2,500.00 DRIVE RE-ALIGNMENT WITH NEW BASE PLATE LUBRICATION OF WALKING BEAM FLOCCULATOR INCLUDING LUBRICATION OF ALL PARTS AND ROTATING SURFACES BEING REPLACED AS WELL AS ANY COMPONENTS BEING REUSED, DISASSEMBLY OF THE FLOCCULATOR LINE SHAFT BEARINGS, CLEANING AND INSPECTION OF THE LINE SHAFT BEARINGS AND FLOCCULATOR LINE SHAFTS $ 48,000.00 $ 45,600.00 $ 30,000.00 3,800.00 45,600.00 3,000.00 36,000.00 $ 2,000.00 $ 24,000.00 8 72 9 12 MODIFICATION OF THE WALKING BEAM FLOCCULATOR INCLUDING INSTALLATION OF NEW BRACKETS AND NEW ROD END BEARINGS (INCLUDES 144 NEW ROD END BRACKETS AND 144 NEW ROD END BEARINGS) DRIVE UNIT INSPECTION AND REDUCTION UNIT LUBRICANT REPLACEMENT 4,100.00 $ 295,200.00 2,400.00 $ 28,800.00 0 1 REBUILD 1.5 HORSE POWER DRIVE UNIT TO INCLUDE EA ALL INTERNAL BEARINGS AND SEALS INCLUDED IN A TYPICAL FACTORY REBUILD, EXCLUDING GEAR WORK REBUILD 5 HORSE POWER DRIVE UNIT TO INCLUDE ALL EA INTERNAL BEARINGS AND SEALS INCLUDED IN A TYPICAL FACTORY REBUILD, EXCLUDING GEAR WORK 4,200.00 $ 4,200.00 6,700.00 $ 6,700.00 12 REBUILD 7.5 HORSE POWER DRIVE UNIT TO INCLUDE EA ALL INTERNAL BEARINGS AND SEALS INCLUDED IN A TYPICAL FACTORY REBUILD, EXCLUDING GEAR WORK 13 LS 14 15 16 2 2 2 2 INSPECTION, CLEANING, AND ASSESSMENT OF THE FLOCCULATOR LINE SHAFT BEARINGS AND LINE SHAFTS REMOVE AND REPLACE 2 7/16" SPLIT ROLLER BEARINGS FLOCCULATOR LINE SHAFT BEARING 6,800.00 $ 6,800.00 42,000.00 $ 42,000.00 1,000.00 $ 2,000.00 REMOVE AND REPLACE 2 15/16" SPLIT ROLLER BEARINGS FLOCCULATOR LINE SHAFT BEARING 1,000.00 $ 2,000.00 REMOVE AND REPLACE 3 7/16" SPLIT ROLLER BEARINGS FLOCCULATOR LINE SHAFT BEARING REMOVE AND REPLACE 3 15/18" SPLIT ROLLER BEARINGS FLOCCULATOR LINE SHAFT BEARING 1,400.00 $ 2,800.00 2,000.00 $ 4,000.00 18 REMOVE AND REPLACE 4 7/16" SPLIT ROLLER BEARINGS FLOCCULATOR LINE SHAFT BEARING 2,200.00 $ 4,400.00 19 EA PROVIDE SPARE 2 7/16" SPLIT ROLLER BEARINGS FLOCCULATOR LINE SHAFT BEARING 900.00 $ 900.00 20 21 PROVIDE SPARE 2 15/16" SPLIT ROLLER BEARINGS FLOCCULATOR LINE SHAFT BEARING 1,100.00 $ 1,100.00 EA PROVIDE SPARE 3 7/16" SPLIT ROLLER BEARINGS FLOCCULATOR LINE SHAFT BEARING 1,400.00 $ 1,400.00 22 PROVIDE SPARE 3 15/16" SPLIT ROLLER BEARINGS FLOCCULATOR LINE SHAFT BEARING 1,900.00 $ 1,900.00 23 PROVIDE SPARE 4 7/16" SPLIT ROLLER BEARINGS FLOCCULATOR LINE SHAFT BEARING 2,200.00 24 25 4 26 4 LS EA EA REPROGRAM TWELVE (12) VARIABLE DRIVE UNITS TO INCLUDE AN OVER CURRENT SHUT OFF SETTING 2,200.00 2,300.00 2,300.00 PROVIDE SPARE TORQUE ROD BEARINGS 500.00 PROVIDE SPARE ROD END BEARINGS EQUIPMENT REPAIR/REPLACEMENT ALLOWANCE PROVIDE PCMCIA COMMUNICATION CARD KIT FIELD SPOT REPAIR PAINTING $ 425.00 2,000.00 1,700.00 EXHIBIT "B" _pap 1 of 2 TABULATION OF BIOS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P.E., Director of Engineering Services TIME OF COMPLETION: 300 Calendar Days BID DATE: January 17, 2007 ENGINEER'S ESTIMATE: $559,300.00 O.N. STEVENS WATER TREATMENT PLANT WALKING BEAM FLOCCULATOR REPAIRS (PROJECT NO. 8513) C L S i r� R.S. Black Contractors Inc./ Machinery & Materials Inc. - A Joint Venture P.O. Box 6218, C.C., TX 78466 UNIT PRICE TOTAL PRICE MAINTENANCE FOR ONE (1) YEAR AS RECOMMENDED BY THE ORIGINAL EQUIPMENT MANUFACTURER EXCLUDING ANY DAILY AND WEEKLY MAINTENANCE ITEMS 10,100.00 10,100.00 REMOVE EXISTING WALKING BEAMS AND REPLACE WITH NEW WALKING BEAMS FABRICATED WITH NEW ROD END BRACKETS AND NEW ROD END BEARINGS PROVIDED BY THE ORIGINAL EQUIPMENT MANUFACTURER, IN LIEU OF BID ITEM NO. 8 4,170.00 300,240.00 $ 850,367.00I ONSWTP WALKING BEAM FLOCCULATOR REPAIRS (PROJECT NO. 8513) PROJECT BUDGET February 13, 2007 FUNDS AVAILABLE: ESTIMATED BUDGET !Water GIP Fund FUNDSJtEQRED: Construction Cost (R.S. Black/Machinery & Materials -Joint Venture) $ 722,340.00 Construction Contingencies 72,234.00 A/E Consultants (LNV Engineering) 24,900.00 Engineering Reimbursements 21,670.00 Finance Reimbursements 7,223.00 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 850,367.00 , EXHIBIT "C" Page 1 of 1 Mproject \counciiexnibits \exh8513.dwg O.N. STEVENS WATER TREATMENT PLANT 13101 UP RIVER ROAD FA 624 NUECES BAY CORPUS CHRISTI BAY IC.C.I. AIRPORT LOCATION MAP CIP PRO ACT #6513 PROJECT LOCATION O. N. STEVENS PLANT NOT TO SCALE EXHIBIT "D" O.N. STEVENS WATER TREATMENT PLANT WALKING BEAM FLOCCULATOR REPAIRS CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02 -6 -2007 15 AGENDA MEMORANDUM February 13, 2007 SUBJECT: Rincon Pipeline Project (Project No. 8416) Ratification and motion authorizing the City Manager, or his designee, to execute Amendment No. 9 to the engineering services contract with HDR Engineering, Inc. in the amount of $36,990 for a total restated fee of $1,610,740 for the Rincon Channel Pipeline Project. ISSN: The amendment is necessary to: = Prepare the windstorm certificate; Design a warning buoy system to alert boaters and swimmers; = Pay for additional site visits and assist with construction coordination; and • Attend additional meetings concerning the project with City staff. FUNDING: The cost of the amendment is being defrayed with liquidated damages that are being deducted from the construction contract. Funding will be provided by Water Capital Project Funds. RECOMMENDATION: Staff recommends approval of the motion as presented. Edua d• _ P.E.''.6"...� Date •el R. Escobar, P.E. , EYate Water perintendent R 'rector - Engineering Services Attachments: Exhibit A - Exhibit B - Exhibit C - Additional Information Contract Summary Location Map H:\HOMOKEVINSAGEN\WATER\RINCON\Pipeline\AAEAMD9M.doc ADDITIONAL INFORMATION PROJECT DESCRIPTION: This project will consist of approximately three (3) miles of new 60 -inch pipeline and a 150 cfs pump station. The project will be able to deliver approximately 3,000 acre feet of water per month into the Upper Nueces Delta. This amendment will provide design and engineering consultant services necessary to move the project through these next steps: • Prepare the windstorm certificate; • Design a warning buoy system to alert boaters and swimmers; • Pay for additional site visits and assist with construction coordination; and • Attend additional meetings to discuss the project with City staff CONTRACT SUMMARY: The contract summary is attached. See Exhibit B BACKGROUND: The Rincon Diversion Project was proven to environmentally benefit the Nueces Estuary by the Bureau of Reclamation. The reopening the Nueces Diversion Channel environmentally benefited the estuary in return for reduced pass- through requirements from the reservoir system. The project benefits are limited in that flows are diverted only during periods of high river flow. The final phase of the Project is the construction of the Rincon Pipeline and Pumping Plant. This will allow diversion of water through the estuary during periods of normal and low river flows. PRIOR COUNCIL ACTION: 1. January 30, 2001 - Motion authorizing Amendment No. 1 of the engineering contract with HDR for the Reservoir Operating Plan for a fee not to exceed $130,000 to assist City efforts on the Rincon Bayou Project (M2001 -046). January 30, 2001- Motion to retain the services of the Kleberg Law Firm for land acquisition services in connection with the Rincon Bayou Project at the rate of $175 per hour for principal attorneys, $65 for paralegals, and $260 per day for Iandmen plus expenses (estimated cost of $95,000 to $110,000) (M2001 -047). 3. January 30, 2001 - Motion to retain the services of attorney Tim Brown for legal services in connection with proceedings at the Texas Natural Resources Conservation Commission regarding the Rincon Bayou Project and administrative agency, intergovernmental and legislative matters affecting the City's water interests at the rate of $140 per hour plus expenses (estimated cost of $40,000) (M2001- 048). H:I HOMEI KEVINSIGENI WATER\ RINCON \PipeIIne\AAEAmd9Bkg.EXA.doc Exhibit "A" 4 March 13, 2001 - Motion authorizing Amendment No. 2 of the engineering contract with HDR for the Reservoir Operating Plan for a fee not to exceed $40,000 for design and bid phase services for the Nueces River Overflow Channel of the Rincon Bayou Project (M2001 -046) July 17, 2001 - Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $74,300.00 with Gallager Construction of Corpus Christi, Texas for the Rincon Bayou Diversion Project - Nueces River Overflow Channel Site Improvements Project. August 21, 2001 - Motion authorizing Amendment No. 5 of the engineering contract with HDR for the Rincon Diversion Pipeline for a fee not to exceed $435,000 for design and bid phase services for the Rincon Diversion Pipeline (M2001 -320). November 18, 2003 - Motion authorizing the City Manager, or his designee, to execute Ratification of Amendment No. 6 with HDR Engineering, Inc. fora total fee not to exceed $181,000 for the Reservoir Operating Plan Update and Flood Release Model Project (M2003 -416). March 8, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 7 to the engineering services contract with HDR Engineering, Inc. in the amount of $292,840 for the Rincon Channel Pipeline Project (M2005 -081). October 10, 2005 — a. Motion authorizing the City Manager or his designee to execute a construction contract with Ramos Industries, Inc., of Pasadena, Texas in the amount of $7,223,581 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure, and the Hondo Creek Bridge Replacement Project (M2005 -374). Motion authorizing the City Manager or his designee to execute a Project Management/Inspection Contract with Anderson Group Construction Management, Inc., of Corpus Christi, Texas in the amount of $65,490 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure, and the Hondo Creek Bridge Replacement Project (M2005 -375). c. Motion authorizing the City Manager or his designee to execute a Construction Materials Engineering Laboratory's Inspection and Materials Testing Service contract with Kleinfelder, Inc., of Corpus Christi, Texas in the amount of $32,270 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure, and the Hondo Creek Bridge Replacement Project (M2005 -376). 10 July 18, 2006 — Motion authorizing the City Manager or his designee to execute Change Order No. 1 the City Manager or his designee to a construction contract with Ramos Industries, Inc., of Pasadena, Texas in the amount of $77,943 for modifications to the electric building and installation of three (3) 36 -inch magnetic meters in lieu of one 60 -inch ultrasonic meter for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure, and the Hondo Creek Bridge Replacement Project (M2006 -221). Exhibit "A" H: \HOMEIKEV INSIGE N\ WATER \R IN CON \Pipe) i ne\AAEAmd9Bkg.EXA.doc ADMINISTRATIVE ACTIONS: 1. June 5, 2001 — Approval of Amendment No. 3 of the engineering contract with HDR for the Rincon Diversion Pipeline for a fee not to exceed $3,000 for effluent re -use calculations for the Nueces River Overflow Channel Project. 2. July 6, 2001 - Approval of Amendment No. 4 of the engineering contract with HDR for the Rincon Diversion Pipeline for a fee not to exceed $12,560 for construction phase services for the Nueces River Overflow Channel Project. 3. April 21, 2006 — Approval of Amendment No. 8 of the engineering contract with HDR for the Rincon Diversion Pipeline for a fee reduction of $36,990 for deletion of construction phase observation for the Rincon Pipeline and Pumping Plant Project. 4. January 4, 2007 — Approval of Change Order No. 2 to a construction contract with Ramos Industries, Inc., of Pasadena, Texas in the amount of $18,602 for additional sidewalk, riprap, 36 -inch diameter spool pieces for flow meter removal, a warning buoy system, modification of the intake bar screens for the Rincon Bayou Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge Structure, and the Hondo Creek Bridge Replacement Project. Exhibit "A" H:IHOME\KEVINSIGEN\WATER\RI NCON \Pipehne\AAEAmd9Bkg.EXA.doc CONTRACT SUMMARY Section 11, SCOPE OF SERVICES, PHASE 11, shall be modified by the addition of Section II.B.5. xii and xiii to Design Phase Services — Rincon Diversion Pipeline, BASIC SERVICES to read: B Additional Services 5.xii Warning Buoy System — Prepare installation drawing and bill of materials for warning buoy system to keep boaters and swimmers away for intake structure. 5xiii Wind Storm Certificate — Conduct additional inspections required to issue Wind Storm Certificate for the electrical building. Section II, SCOPE OF SERVICES, PHASE 11, shall be modified by the addition of Section II.B.7.h to Construction Phase Services — Rincon Diversion Pipeline, BASIC SERVICES to read: B. Additional Services 7.h Construction Phase Services — Additional Site Visits and Coordination for research to provide contractor guidance including: • Research to adjust structure due elevation error by contractor in pouring the slab; • Adjustments to piping and support system due to inclusion of three (3) 36- inch meters in lieu of one 60 -inch meter; and • Meeting with contractor to coordinate replacement of "duck -bill" valve which blew out during initial start up. The Engineer will perform and complete the following tasks: Task 15 Additional Meetings It is acknowledged the Engineer attended 26 additional meetings beyond those authorized and those services are ratified to authorize payment. FEE FOR SERVICES AUTHORIZED Table 1 — Summar+y of Fees Task Description Fee Original Contract I I.A.1 Update of Firm Yield $229,140 1 II.A.2 Reservoir Operating Plan 81,700 II.A.3 Flood Release Model 79,000 II.A.4 Water Quality and Treatment Model 78,500 II.A.5 Effluent Reuse Study 48,000 TOTAL $516,340 Amendment No. 1 II.B 1 ` Rincon Diversion Project $130,000 AMENDMENT No. 1 TOTAL $130,000 Amens rent No. 2 II.B.2 Design Phase Services - Nueces River Overflow Channel Design $28,000 H: \HOMEIKEVI NS\GEN \WATER\RINCON \Pipeline \AAEAmd9SumExhB.doc Page 1 of 3 II D.J rsia rnase services - Nueces River Overflow Channel Design $12,000 II B.4 Construction Phase Services - Nueces River Overflow Channel Design To be negotiated II. B.5 Design Phase Services - Rincon Diversion Pipeline To be negotiated II B.6 Bid Phase Services - Rincon Diversion Pipeline To be negotiated 11 B Construction Phase Services - Rincon Diversion Pipeline To be negotiated AMENDMENT No. 2 TOTAL $40,000 Amendment No. 3 11 6.8 Effluent Re -use Estimates $3,000 AMENDMENT No. 3 TOTAL $3,000 Amendment No. 4 11 B 4 Construction Phase Services - Nueces River Overflow Channel Design $12,560 AMENDMENT No. 4 TOTAL $12,560 Amendment No. 5 II.B.5 Design Phase Services - Rincon Diversion Pipeline II.B.5.a Basic Design Services $280,000 II.B.5.b Additional Design Services $90,000 Il.B.6 Bid Phase Services - Rincon Diversion Pipeline $15,000 11.6 .7 Construction Phase Services - Rincon Diversion Pipeline To be negotiated II.B_9 Rincon Diversion Project $50,000 AMENDMENT No. 5 TOTAL $435,000 Amendment No. 6 II.6.1.a Landscape Architecture Design $3,500 II. B.1.b Wetlands Determination $5,300 11.6 1.c Archeological Services $8,200 1I.B 1.d Additional Design $10,000 $30,000 $30,000 11_B.1 a Additional Permitting II.B 1 f Land Acquisition II.B 9 ' Choke Canyon Reservoir Outlet Works Channel Gage Outflow Record $20,000 11.610 Quality Control Verification Accuracy of Release Rates $15,000 II.B 11 Evaluation City's Groundwater Wells $9,000 11.3 12 f Nueces Estuary Advisory Council, Rincon Diversion Project, Drought Analysis $50,000 Amendment No. 6 Total $181,000 Amendment No. 7 Rincon Diversion Pipeline II.B 5.b. ' Additional Design Services vii, ix, & x $13,790 II.B .7 l Construction Phase Services - Rincon Diversion Pipeline i 90,050 11.B.7h. Construction Observation 65,490 II.B.13.a1 , Commissioning Services 5,500 11.6.13.b { Maintenance Guarantee Services 5,770 Subtotal - Rincon Diversion Pipeline 180,600 r Hondo Creek Bridge LII.B 14.a Geotechnical Services 8,000 11.8 14.b Permitting 2,000 H:INOMEU(EV I NStGE N \WATER\R I NCON \Pipet ne1AAEAmd9SumExhB. doc Page 2 of 3 II B 14.c Surveying 1,500 II B 14.d Design 64,590 II B.14.e Bid Phase Services 2,000 II B.14.f Construction Phase Services 34,150 Subtotal — Hondo Creek Bridge 112,240 Amendment No. 7 Total 292,840 Amendment No. 8 II B.7h. Construction Observation -65,490 I I. B. 5.xi Redesign electrical building 13,500 II 815 Additional Meetings 15,000 Amendment No. 8 -36,990 Amendment No. 9 II.B.5.xii Wind Storm Certificate 7,150 IIB 5 xiii Warning Buoy System 5,500 11.B.7,h Construction Phase Services — Additional Site Visits and Coordination 9,340 II.B.15 Additional Meetings 15,000 Amendment No. 9 36,990 TOTAL $1,610,740 H:\HOME\KEVIMSGEN\WATER\RINCON\PiPeine\AAEAmd9SUmEXhBdOC Page 3 of 3 F,16, \MproJect councrlexhrbiis \exh.8416b.dwG. 7BC' : - PARK RIVER F.M. 624 IH .37, CITY PROJECT No. 8416 l s • RINCON PIPELINE PROJECT LOCATION NUECES RI R iy 3� /1/2,eceS LOCATION MAP NOT TO SCALE RAND MORGAN qty 0 CC J U EXHIBIT "C" RINCON PIPELINE PROJECT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02 -07 -2007 16 AGENDA MEMORANDUM DATE: February 13, 2007 SUBJECT: Bay Trail, Phase 3 Project (Project No. 3229) ADVANCE FUNDING AGREEMENT AMENDMENT NO. 2 AGEJDA ITEM: Resolution authorizing the City Manager, or his designee, to execute Amertdmerd No. 2 to the Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $0 for changing the limits of the Bay Trail, Phase 3 Project. ISS: The City of Corpus Christi entered into a Local Transportation Project Advance Funding Agreement for a Transportation Enhancement Project on March 11, 2003. The proposed Amendment No. 2 changes the limits of the project by revising the route of the Bay Trail, Phase 3 Project. The revised route will be from the Holly Road parking lot and terminate at the Peary Park located at the intersection of Paul Jones Avenue and Barnhart Drive. FUNDING: Funds are not required for this Resolution. RECOMMENDATION: Staff recommends approval of the Resolution as presented. Addona:$u000rt Matrial:, Exhi ` "A" Background Information Exhibit "B" Advance Funding Agreement Exhibit "C" Location Map . Escobar, P. E., 'rector of Engineering Services H\! SERS2\HOMEVELMAP\GEN\PARKS AND REC13229 BA TRAIL. PHASE 31AFA AMENDMENT NO. 2\AGENDA MEMO BACKGROUND INFORMATION SUBJECT: Bay Trail, Phase 3 Project (Project No. 3229) ADVANCE FUNDING AGREEMENT AMENDMENT NO. 2 AMEDMNT NO. 2: The proposed Amendment No. 2 revises the limits of the Bay Trail, Phase 3 Project. The revised north primitive hiking trail will be a 10 -foot wide, concrete shared -use path beginning at the northwest corner of the new Holly Road parking lot. The path will immediately cross to the west side of the Paul Jones Avenue right -of -way near the intersection of Holly Road, then extend north along the west side of the Paul Jones Avenue right -of -way, meet the existing roadway terminus, and continue within the right -of -way parallel to the existing roadway. Near the intersection of Paul Jones Avenue and Barnhart Drive, the trail will turn east, cross Paul Jones Avenue, and terminate at Peary Park. All of this work will be conjunction with a route of approximately 4,100 linear feet 10 -foot wide shared -use path that will extend from the end of the existing pavement on Holly Road to the Oso Bay PROJECT BACKGROUND: The original route of Bay Trail Phase 3 Hike and Bike Trail was to start at South Padre Island Drive at Cayo Del Oso and extend to Holly Road. This would consist of 4,665 feet of a 10 -foot wide sidewalk, which would cross three (3) properties: (1) Naval Air Station (2) Willard Hammonds, and (3) Peterson Company. The City would acquire the Carr property adjacent to Holly Road and Oso Bay for the extension of the Bay Trail in the future. The City has acquired the Carr property, but it has not been able to negotiate the easements with the Navy, Hammonds, or Petersons. The City submitted an alternate route starting at South Padre Island Drive, crossing the Navy property with a primitive hiking trail, crossing to the west to across a small portion of property owned by the Hammonds to Paul Jones Avenue, and finally turning south paralleling Paul Jones Avenue to Holly Road. This route included approximately 4,100 linear feet 10 -foot wide shared -use path that will extend from the end of the existing pavement on Holly Road to the Oso Bay. The City would acquire easements across two properties: (1) Navy and (2) the Hammonds, which has not occurred. Proposed Route (third revisionl This third route revision is due to ADA requirements not addressed in the previous two revisions and easements not obtainable at this time. The proposed dirt/grass surface of the proposed primitive hiking trails was judged inadequate for either mobility- or sight - impaired users. Therefore, in the interest of slip resistance, visual contrast, and long -term maintenance, it was decided to make all of the proposed trails 10 -feet wide, concrete y +SF RS21H0 \VELMAP\GEN:PARKS AN % REC".3229 BP, TRA ?L F'HASE 31AFA AMENDMENT NO 21AGENDA BACKGROUND EXHIBIT "A" Page 1 of 3 shared -use paths. The south primitive hiking trail, which was to extend into the Carr property, is no longer proposed. The revised north primitive hiking trail will be a 10 -foot wide, concrete shared -use path beginning at the northwest corner of the new Holly Road parking lot. The path will immediately cross to the west side of the Paul Jones Avenue right -of -way near the intersection of Holly Road, then extend north along the west side of the Paul Jones Avenue right -of -way, meet the existing roadway terminus, and continue within the right -of -way parallel to the existing roadway. Near the intersection of Paul Jones Avenue and Barnhart Drive, the trail will tum east, cross Paul Jones Avenue, and terminate at Peary Park. The proposed north path will be approximately 2,600 feet long. The revised route will maintain the original intent of providing a unique pedestrian and bicycle path with views of the Oso Bay's diverse natural habitat and wildlife. The continuity of Bay Trail will be completed with the future connection to Bay Trail Phases 1 and 2 along Holly Road and future Ennis Joslin Road (Spur 3). The total length of paths will be about 6,700 feet all of which meets ADA/TDLR accessibility requirements. The proposed project stays within the budgeted amount approved for this project. The Bay Trail, Phase 3 Project provides a unique addition to the Corpus Christi community. The Cayo del Oso area is noted for its archeological sites, wetlands, and as part of one of the County's largest drainage basin. ADC( FUNDING ,AGREEMENT: The City is responsible for land acquisition, environmental issues, mkigation, permits and project design. The City will be reimbursed 100° of these services based on compliance with the Advance Funding Agreement. The Advance Funding provides a total budget of $747,900 with expenditures authorized for: • Engineering Services $85,000 • Environmental Services 45,000 • Real Property Costs 186,400 • Construction Costs 431,500 • Total $747,900 The City will be reimbursed for engineering, environmental and some real property costs. The City wild be responsible for any costs in excess of the project budget. TXDOT will be responsib a for letting the contract and managing the actual construction. CO IUt TY SUPPORT: The City has received the support of several organizations and comittees for this project. They include: • Corpus Christi Convention and Visitors Bureau • Beautify Corpus Christi • Coastal Bend Bays and Estuaries Program • Coastal Bend Land Trust • Corpus Christi Chamber of Commerce • Naval Air Station Corpus Christi • Water Shore Advisory Committee EXHIBIT "A" Page 2 of 3 H dSERS2 \HOME \VELMAP \GEN \PARKS AND REC \3229 BAY TRAIL., PHASE 3\AFA AMENDMENT NO. 2'AGENDA BACKGROUND • Park and Recreation Advisory Committee • Planning Commission • Transportation Advisory Committee • Metropolitan Planning Organization PRIOR CQI#NCIL ACTION: 1 Mav 3, 2001 — Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Department of Transportation in the amount of $1,462,032 for a Statewide Transportation Enhancement Program Grant to construct Bay Trail, Phase 3 Project (Resolution No. 024439). 2. December 17, 2002 — Ordinance Adopting the FY 2002 — 2003 Capital Budget and Capital Improvement Planning Guide which included Bay Trail, Phase 3, as Park and Recreation Project No. 44 (Ordinance No. 025144). 3. March 11, 2003 - Resolution authorizing the Acting City Manager, or his designee, to execute a Local Transportation Project Advanced Funding Agreement using an in -kind contribution (Real Property $400,000.00) as the local match for the Bay Trail, Phase 3 Project (Resolution No. 025227). 4 Augist 26, 2003 — Resolution authorizing the City Manager, or his designee, to execute an Amendment to the Local Transportation Project Advanced Funding Agreement for the State to reimburse the City 100% of costs incurred for engineering services for the Bay Trail, Phase 3 Project (Resolution No. 025441). 5 December 21, 2004 - Motion authorizing the City Manager, or his designee, to execute a Joint Acquisition Agreement with the Coastal Bend Bays and Estuaries Program to purchase 77.707 acres from Carr Ranches, Limited, et al., in the acquisition amount of $485,300 with the Coastal Bend Bays and Estuaries Program providing $288,752, the City providing $114,302.50 (including $3,054.50 of closing costs), and the Carr Family donating $85,300 in land value (Motion No. M2004- 466). 6 December 21, 2004 — Resolution authorizing the acquisition of 33.515 acres of land from the Carr Ranches, Limited, et al., in the amount of $208,000 utilizing funds from a Coastal Impact Assistance Program Grant through the Coastal Coordination Council (Resolution No. 026084). 7 January 11, 2005 — Ordinance appropriating $316,400 (from a Local Transportation Project Advanced Funding Agreement grant from the Texas Department of Transportation) in the No. 1071 Community Enrichment Fund to provide funding for the Bay Trail, Phase 3 Project; by increasing appropriations by $316,400 (Ordinance No. 026096). 8 Mav 24, 2005 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with LNV Engineering in the amount of $130,000 for the Bay Trail. Phase 3 Project (Motion No. M2005 -158). EXHIBIT "A" Page 3 of 3 H- ;SERS2IW)MFNELMAPIGEN ,PARKS AND REC`,3229 BG TRA, '.. F'HASE 3 AFA AMENDMENT NO 21AGENDA BACKGROUND STATE OF TEXAS § COUNTY OF TRAVIS § CSJ #: 0916 -35 -112 District #: 16 Code Chart 64 #: 03800 Project: 2002 (210) TE ORIGIN14L ADVANCE FUNDING AGREEMENT AMENDMENT #2 THIS AMENDOENT * MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of Transportation, hereinafter called the State, and the City of Corpus Christi, acting by and through its duly elected officials, hereinafter called the Local Government. WITNESSETH WHEREAS, the State and the Local Government executed a contract on March 31, 2003, to effectuate their agreement for construction of a hike and bike trail under the Statewide Enhancement Program; and, WHEREAS, it has become necessary to amend that contract; NOW THEREIORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, the State and the Local Govemment do agree as follows: AGREEMENT Article 1. Deeeription of Amended Items The route for tlls project is being revised changing the limits of the project; the revised route will be from the Holly Road parking lot and terminate at the Peary Park located at the intersection of Paul Jones Avenue and Barnhart Drive. A revised project location map is included with this amendment as Attachment 8. The budget for the project remains the same. All other provisions of the original contract are unchanged and remain in full force and effect. Article 2. Signatory Warranty The signatories€to this amendment warrant that each has the authority to enter into this agreement on behalf of the organization they represent. IN WITNESS ViHERROF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this agreement. THE LOCAL GOVERNMENT Name of Local Government By Signature THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Printed Name By: Name Title Date Title Date AFA -AFA -Amend Page 1 of 2 Revised 11/09/05 Revised 11/09/05 AFA—AFA_Amend csi z 0 L, 2 0 (n I- Q 2 0 3/01:10 ONY1SI 31:10Vd H.1.1108 PROJECT # 3229 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING DATE: 01/23/2007 BAY TRAIL PHASE 3 PROJECT CITY OF CORPUS CHRISTI, TEXAS Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AMENDMENT NO. 2 TO THE LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION ( TXDOT) IN THE AMOUNT OF $0 FOR CHANGING THE LIMITS OF THE BAY TRAIL, PHASE 3 PROJECT. WHEREAS, the City of Corpus Christi entered into a Local Transportation Project Advance Funding Agreement for a Transportation Enhancement Project on March 11, 2003. The proposed Amendment No. 2 changes the limits of the project by revising the route of the Bay Trail, Phase 3 Project. The revised route will be from the Holly Road parking lot and terminate at the Peary Park located at the intersection of Paul Jones Avenue and Barnhart Drive. 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 Amendment No. 2 to the Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (TXDOT) to change the limits of the Bay Trail, Phase 3 Project ATTEST CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED AS T• FORM: February 9, 2007 Aik Ve'onica Ocanas Assistant City Attorney For the City Attorney R\ LEG -DI R\ Shared \Ga ryS \agenda\200712- 13 \VO- Res - BayTrailAmend.doc Page 2 of 2 Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia BNI Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:1LEG -DIR\ Shared \GaryS\agenda12007\2- 131VO- Res- BayTrailAmend. doc 17 AGENDA MEMORANDUM AGENDA ITEM: February 13, 2007 Motion authorizing the City Manager to execute a Deferment Agreement with Shell Land Management Co., Inc., (Developer), in the amount $238,541.81 for public improvements including construction of water, wastewater, paving, and drainage improvements for Saratoga Weber Plaza, Block 9, Lot 5, located south of Saratoga Boulevard and west of Weber Road, in accordance with the Platting Ordinance section V Required Improvements, Subsection A. 3. b), contingent upon receipt of letter of credit compliant with City requirements. ISSUE: She Land Management Co., Inc., developer of Saratoga Weber Plaza, Block 9, Lot 5, subn*ted deferment agreement documentation to defer construction of water, wastewater, paving, and *ulnagie improvements required of Saratoga Weber Plaza, Block 9, Lot 5, in accordance with the platting Ordinance, Section V- Required Improvements, Subsection A. 3. b). REQUIREDCOUNCIL ACTION: Council authorization for the City Managerto enter into a deferment agreement with Shell Land Management Co., Inc., (Developer). CONDITION: Developer must post a letter of credit or equally liquid negotiable security with the City in the-amount of 110% of the cost of the improvements, and comply with all other requirements of the Deferment Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. Attachments: Exhibit A Exhibit 8 Exhibit C Exhibit D Exhibit E Exhibit F CrttiA riaLte borah A. Marroquin, P.111. Interim Director of Development Se Background Information Location Map Water, Wastewater, Paving, and Drainage Improvements Cost Estimate Copy of Letter of Credit Deferment Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The platting of Saratoga Weber Plaza, Block 9, Lot 5 (Exhibit B) required the developer to construct public improvements for Saratoga Weber Plaza, Block 9, Lot 5. The deferred public improvements include the construction of water, wastewater, paving, and drainage public improvements (Exhibit C). Construction plans for the public improvements were submitted and approved by the Development Services Department. On January 24, 2007 the Planning Commission recommended the execution of the Deferment Agreement and found reasonable cause to delay the required public improvements to expedite the recordation of the plat by the Developer's time schedule. The Developer agreed to deposit $238,541.81 in the form of a Letter of Credit (Exhibit E). This amount is 110% of the estimated cost of constructing the required improvements, (Exhibit D) in compliance with the Platting Ordinance Section V- Required Improvements, Subsection A. 3. b). A deferment agreement, (Exhibit F) between the City of Corpus Christi and Shell Land Management Co., Inc., allows the Developer to defer the construction of the required improvements with the exception of the water and wastewater, which is required to be 75% complete for a period of up to one (1) year from the date the deferment agreement is signed and approved. The deferment of improvements will allow the Developer to expedite the recording of the plat and obtain building permits to develop Saratoga Weber Plaza, Block 9, Lot 5 Exhibit A P.? 0 0 C resthill 41) Crest— Brook 0 > 3 L_ r. Coravelle 4) a) Schonen Fl ker Pkwy H. dnal 4) 0' do o un rook Dublin Cork Bray Kevin Broburn Glen way e, Kerr 0. c lesoevon- ck srsham • Erewton 4) Saratoga Boulevard (State Highway 357) Donoh Rooney Mullion n 11 La rme Murphey Bra= georqe I c • 0 .0 cu w cc s • 0 0 0 0 oneg D' ma C _c 1- IcIrp Hicke) O'casi Bluer Bu tmCoornRression clearwc Pecan v I y Oso actus LQCATKIN AMP MIRO MIN 13411assestAvassisstallehltikr arawlekirtfPla tric Wow Saturn Apollo Bratton Acushnet E en c 0 Bores s I Weiskc Nicklaus c Heber I- 07ct7 B J5 h O • < eard Wieolnu Hills Cc Hc Crenshaw Sn€ Aaron 0 c Lake tahoe 0,5 Wolf ck ,newrnass Eldora Beaver Cres Butt- Wap t Windo 0 nli ht ti5 vs 0 c I ) 1 Exhlblt B Page 1 of 1 *Tir 7111-• LIEVI:71.1 an Stralep ibeismai 010 1 ./59 20 'IR = MM. An.wompoomp 11116-111■• 11,11111■1• 117111Mr. .y it I 0 - ; r — •••■ 16S' k MAW WO 1 v 0 1 Lot 5 ,Akg •,(,-4 1.717 Awes •!.. ?a Wad m SARAlOGA WEBER PLAZA oni r Or vvr 111,01101, WIN UMW' WI MOM • • Ner2r00111 259.59. Secton Colo" y Lands A, 48„140p Vueces founty, C.net. n7r,r ,r11) 8711,91, Ore., ',says Col.!, Tea, a r 1 • _01 SECTION '2 BOHEMIAN COLONY ...ANDS 'OL A BG. AB, M 9N C.T 1 • Ir:v 17, I 1I1M • - M OP IC_ LIM I. ':.A.:=11 CANN I A Si ,..111111 IF .! _111■1■1 Delbszatiat Aamstastit adhibit Ibtr sazetekTtrPma • I t • • i/0-MINIii OMMOMMIMEMIR • 111 *MOM -41 -1 00' T.AffIT,T,ITY7 T T Exhibit C Pam 1 of SOW arros.m.o3 mom 1 el 1 Ow NM air CM Eng:Murray F. Hudson, P.E. ByCR.R Deferrment Cost Estimate for LOT 5, BLOCK 9 December 22, 2006 Job No. 23775.A6.03 ITEM I DESCRI ION QUAN. QUAN. + UNIT UNIT TOTAL 5'1% PRICE COST A. PAVIN(tMPR6 EMENTS: 1 C = and b R • ht of Way 0.51 0.54 AC $300.00 $162.00 2 R. Excation 1,800 1,890 CY $4.40 $8,316.00 3 2" AC tnelud' • Prime Coat 1,588 1,667 SY $10.35 $17253.45 4 8" Gushed Limestone Base 1,588 1,667 SY $11.80 $19,670.60 5 10" •mparcted Lime Stabilized Subgrade 1,943 2,040 SY $6.25 $12,750.00 6 6" 'L' Curb 800 840 LF $11.00 $9,240.00 7 4' Concrete Sidewalk 3,171 3,330 SF $3.50 $11,655.00 8 Te , • • = ry Crushed Limestone Cul- de-Sac 632 664 SY $11.80 $7,835.20 9 Street Barricade 1 1 EA $1,200.00 $1,200.00 10 Street Sign 1 1 EA $775.00 $775.00 PAVING SUB -TOTAL $88,857.25 B. STORM - :SEWER IMPROVEMENTS: 1 18" RCP 40 42 LF $31.70 $1,331.40 2 24" MCP 313 329 LF $39.50 $12,995.50 3 30" CP 97 102 LF $60.35 $6,155.70 4 OSHA Trench Protection 450 473 LF $2.20 $1,040.60 5 5' S$ t Inlet 2 2 EA $1,600.00 $3,200.00 -_ 6 4' r ` meter Manhole 3 3 EA $3,500.00 $10,500.00 7 30" • utfall Structure 1 1 EA $2,000.00 $2,000.00 8 Tenyorary Swale Construction 1,674 1,758 CY $3.25 $5,713.50 9 Fill in Existing Temporary Swale & Remove Headwall 3,050 3,203 CY $5.00 $16,015.00 STORM SEWER SUB-TOTAL $58,951.70 C. WATER IMPROVEMENTS: 1 '8" PVC C-900 18" 393 413 LF $20.00 $8,260.00' 2 (3te Valle and Box 2 2 EA $830.00 $1,660.00 3 +FireHydrat t Assembly Compete In -place 2 2 EA $3,124.00 $6,248.00, 4 l' I12'k Tapping Sleeve with 8" Tapping Gate Valve 1 1 LS $1,850.00 $1,850.00 5 i Tie $ ExieUr Water Line 1 1 EA $500.00 $500.00 6 8" P;ig with 7 Blowoff Valve 1 1 EA $300.00 $300.00 WATER SUB - TOTAL: $18,818.00 D. SANITARY SEWER IMPROVEMENTS: 1 8" PVC (8' -10' Cut) 246 258 LF $30.00 $7,740.00 2 PipeEmbetknent 246 258 LF $8.00 $2,064.00 3 OSItA Trench Protection 246 258 LF $1.50 $387.00 4 8'x8" Stub -out with Plug 1 1 LS $1,200.00 $1,200.00 5 Tie lc Existing Service 1 1 EA $250.00 $250.00 SANITARY SEWER SUB - TOTAL: $11,641.00 TOTAL ESTIMATED IMPROVEMENTS COSTS: $178,267.95 1 Irknn Frmakuadaring 2725 Swantner Corpus Christi, TX 78404 1-361-854-3101 Exhibit D Page 1 of 2 Eng:Murray F. Hudson. P E By C R.R. Deferrment Cost Estimate for LOT 5, BLOCK 9 T December 22, 2006 Job No. 23775.A6.03 ITEM ; DESCRIOTION QUAN. QUAN. + UNIT UNIT TOTAL 596 PRICE COST E. ADMINTRATIVE COSTS: 1 Borr6is and Insurance (7 %) 1 1 LS $12,478.76 _ $12,478.76 2 Stun Water Quality Management and Pollution Prevention Plan Items 1 1 LS $5,000.00 _ $5,000.00 3 Engineering Fee (8 %) 1 1 LS $14,261.44 $14,261.44 4 Construction Surveying (3 %) 1 1 LS $5,348.04 $5,348.04 5 _ Off -site Easement Descriptions 1 1 LS $1,500.00 $1,500.00 - - t- ADMISTRATIVE SUB - TOTAL' $38,588.24 + TOTAL COST: $218,858.19 Ordnance provision to provide 110% of Total Cost 4_ GRAND TOTAL DEFERMENT: $238441.81 - - - -+-- H- 4- i !Oman Pm". nmrinn 2725 Svwantner Corpus Christi, TX 78404 1- 361 - 854-3101 Exhibit D Page 2 of 2 IRREVOCABLE LETTER OF CREDIT #788 January 24, 2007 BENEFICIARY: City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469 -9277 AMOUNT: $238,541.81 Gentlemen: AmencanBank CUSTOMER: Shell Land Management Company, Inc. 101 N. Shoreline, Suite 600 Corpus Christi, TX 78401 EXPIRATION: January 24, 2008 P.O. BOX 6469 CORPUS CHRISTI, TEXAS 78466 -6469 PHONE 361 / 992 -9900 FAX 361 / 991 -0084 24-HR. BANK -SY -PHONE 992 -9901 CUSTOMER SERVICE DIRECT UNE 992-9911 INTERNET SITE amerk anbank.com MEMBER INDEPENDENT BANKERS ASSOCIATION OF TEXAS We hereby establish our irrevocable letter of credit ( "Irrevocable Letter of Credit ") in favor of the City of Corpus Christi ( "Beneficiary") for the account of Shell Land Management Company, Inc., acting by and through its President, Ben B. Wallace, ( "Customer"), authorizing Beneficiary to draw on American Bank, N.A., Corpus Christi, Texas ( "Issuer") the amount of Two Hundred Thirty Eight Thousand Five Hundred Forty One and 81/100 Dollars ($238,541.81), under Beneficiary's draft bearing the clause "Drawn under American Bank, N.A., Irrevocable Letter of Credit No. 788, dated January 24, 2007" and accompanied by all of the following documents ( "Documents "): 1 The original of this Letter of Credit; and 2. The sworn affidavit of the City of Corpus Christi's City Manager, or his designee, stating the authority of the affiant to make the affidavit on behalf of Beneficalry and further stating as follows: "That Shell Land Management Company, Inc., has not installed the required improvements or vacated the plat of Lot 5, Block 9, Saratoga Weber Plaza as required by its Deferral Agreement with the City of Corpus Christi within the time period allowed." This Irrevocable Letter of Credit guarantees the obligations of the Customer to the Beneficiary as provided in the Deferral Agreement. Partial drawings are not permitted under this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is not transferable. Issuer hereby agrees with Beneficiary that upon presentment on or before 5 o'clock p.m., Corpus Christi, Texas, local time no later than January 24, 2008, that drafts drawn under and in compliance with the terms of this Irrevocable Letter of Credit, issuer will duly honor this Irrevocable Letter of Credit. This Irrevocable Letter of Credit is guaranteed for one year from date of issuance, it must be automatically extended for additional periods of one year, and at one year intervals thereafter, until Expiration Date, unless, at least 90 days prior to Expiration Date, Beneficiary's City Manager noted Issuer in wring by Certified Mail at the above address that Beneficiary has elected not to renew. Issuer shall send notice of the automatic extension to the City's Director of Engineer Services thirty (30) days prior to expiration of the then current Irrevocable Letter of Credit. Failure to receive the automatic extension or a substitute Irrevocable Letter of Credit 30 days prior to expiration of the then current Irrevocable Letter of Credit constitutes a default upon which the then current Irrevocable Letter of Credit may be called in its entirety, even though not stated above as a specific event of default. This Irrevocable Letter of Credit sets forth in full the terms of our undertaking and such undertaking must not in any way be modified, amended, or amplified by reference to any document, instrument or agreement referred to herein or in which this Irrevocable Letter of Credit is referred to or to which this Irrevocable Letter of Credit relates, and any such reference is not deemed to incorporate herein by reference any document, instrument, or agreement Issuer is not a party to, or bound by the terms of any agreement between Beneficiary and Customer. Furthermore, Issuer shall honor this Letter of Credit without inquiring into the truth of the statements made in the swom affidavit of Beneficiary which statements will be considered by Issuer to be determinative, conclusive and final. This Irrevocable Letter of Credit will be govemed by the provisions of the Uniform Customs and Practice For Documentary Credits (1994 Revision), International Chamber of Commerce (Publication No. 500) to the extent not inconsistent with the laws of the State of Texas and more particularly with the provisions of Chapter 5 of the Texas Business and Commerce Code currently in effect. Sincerely, AMERI BANK, N.A. Richard F. Scanio Executive Vice President RFS /sh oved as C ey City of Corpus Christi by: Name: Director of Finance STATE OF TEXAS COUNTY OF NUECES § § DEFERMENT AGREEMENT This Agreement is entered into between the City of Corpus Christi, Texas, a Texas home rule municipality, (hereinafter "City") and Shell Land Management Co., Inc., a Text limited partnership, (hereinafter "Developer"), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat of Saratoga Weber Plaza, Block 9, Lot 5 (the "plat"), which was approved by the Planning Commission on March 8, 2006. A copy of the plat is attached and incorporated as Exhibit 1. WHEREAS the Developer is obligated under Section 01, Paragraph H, Subparagraph 5, of the Platting Ordinance to construct seventy-five percent (75 %) of the required improvements, before the final plat is endorsed by the City's Director of Engineering Services. Detail construction drawings must be provided by the Developer and approved by the City's Departments of Development Services and Engineering prior to the start of construction. WHEREAS, the Developer is seeking to defer, for a period up to one year, the construction of the water, wastewater, paving, and drainage improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2, as required by the City's Platting Ordinance; WHEREAS, the Developer is seeking to have the plat filed immediately with the County Clerk: of Goes County, Texas, before completion of seventy -five percent (75 %) of the requWed improvements as required by Section 111, Paragraph H, Subparagraph 5, of the Plattklg Ordnance; WH®REAS, the Developer will deposit, with the City of Corpus Christi, a letter of credit, drawn on a bank with offices in Corpus Christi, Texas, in the amount of Two Hundred Thirty -Eight Thousand Five hundred forty -one Dollars and 81/100 ($238,541.81), representing 110% of the estimated cost of constructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit 3, WHEREAS, the City Attorney and Director of Finance have approved this transaction; WHEREAS„ the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; WHEREAS, the Developer is entering into this Deferment Agreement as required by Section V, Paragraph A, Subparagraph 3. b) of the Platting Ordinance; Exhibit F Page 1 of 6 NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows. 1 Upon Developer's 75% completion of operable water and wastewater to serve each lot within the development, the City shall waive the requirement that construction of the deferred improvements be completed before the final plat is endorsed by the City's Development Services Engineer and filed for record with the County Clerk of Nueces County and further agrees to allow the Developer to defer construction of the deferred improvements as shown in Exhibit 2, for up to one (1) year from the date of this Deferment Agreement. 2 The Developer shall deposit, with the City of Corpus Christi, a letter of credit, drawn on a bank with offices in Corpus Christi, Texas, in the amount of Two Hundred Thirty -eight Thousand Five Hundred Forty-one Dollars and 81/100 ($238,541.81) as shown in Exhibit 4, before the Agreement is approved by Council, for 110% of the estimated cost of constructing the deferred improvements. 3 The Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. 4 Upon completion of the deferred improvements within one (1) year from the date of this Agreement, or later time as may be mutually agreed upon, in writing, by both parties, and upon acceptance of the deferred improvements by the City Engineer and upon compliance by the Developer with the remaining terms of the Deferment Agreement, the City Engineer shall: a. Immediately release Developer from the obligations to construct the deferred improvements by mailing a Release Letter to: Shell Land Management Company, Inc. Mr. John Wallace, Vice President 101 N. Shoreline, Suite 600 Corpus Christi, TX 78401 b. Return to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, any balance remaining of all monies received by the City from the Developer, including any interest earned. 5 If the deferred improvements have not been completed within one (1) year from the date of this Agreement, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 7 below, the City will call the letter of credit and transfer the money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements with any monies received from the Developer, both principal and interest, Page2of6 remaining after completion of construction being refunded by the City to the Developer. If City constructs all or any part of the required improvements, the Developer shall reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after City completes the required improvements and bills the Developer. 6 The City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the City from the Developer remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. 7 If Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developer thirty (30) days from date of receipt of the letter to cure the default. If the Developer fails to cure the default after receipt of the notice and opportunity to cure, the City Engineer may transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. In the event there are any monies received by the City from the Developer, plus interest earned, remaining after the City has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the Developer, within sixty (60) days of the completion of construction of the water, wastewater, paving, and drainage public improvements and settlement of construction contracts. 8 The City reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed and accepted by the Development Services Engineer. 9 The Developer agrees that the City, after notice in writing to the Developer and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. 10. The Developer covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 11, The City's Development Services Engineer, at Developer's expense, shall file of record this Deferment Agreement in the records of Nueces County. 12. No party may assign this Deferment Agreement or any rights under this Agreement without the prior written approval of the other party. 13. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by Page 3 of 6 certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. This Agreement shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas and all lawsuits pursuant hereto shall be brought in Nueces County. 15 The Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 5. 16 This Agreement shall be executed in triplicate, all original copies of which shall be considered one instrument. When all original copies have been executed by the City, and at least two original copies have been executed by the Developer, this Agreement shall become effective and binding upon and shall inure to the benefits of the parties and their respective heirs, successors and assigns. Page 4 of 6 EXECUTED in triplicate this ,T day of3a/l SIC la By: Mr ohn allace, Vice President , 2007. Shell Land Management Co., Inc. 101 N. Shoreline, Suite 600 Corpus Christi, Texas 78401 THE STATE OF Texas COUNTY OF OlAtELO �`� i This instrument was acknowledged before me on � tr , 2007, by John Wallace, Vice President of Shell Land Management Company nc., on behalf of the corporation. Ofxbvki, Notary Public, State of Texas •4;p, TERESA WOODRUM Notary PuWIc STATE OF TEXAS ';a± My Comm. Exp. 08 -10 -2009 vvv.vvvvvvvvv' Page 5 of 6 CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 ATTEST By: By: Armando Chapa George K. Noe City Secretary City Manager APPROVED AS TO FORM: This 7t-4 day of Fdo y 2007. Gard W pith, Assistant City Attorney For the City Attorney THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2007, by George K. Noe, City Manager, for the City Of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State Of Texas Page 6 of 6 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 30, 2007 AGENDA ITEM: a) Public hearing to consider amending the Zoning Ordinance Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees" allowing intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) Signage. Ordinance amending Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees" allowing intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) Signage. BACKGROUND: With continuing technology improvements, signs have evolved from placard signs, backlit signs, neon signs, message boards, etc. The latest sign technology now includes Light Emitting Diode (LED) and Liquid Crystal Display (LCD) (also known as smartboards) for on- premise signage. The City's Zoning Ordinance currently does not address these newest sign technologies. Digital technology produces static images that are changed via computer in regards to signage. Typically, a digital advertisement is displayed for six or eight seconds, and then fades away to a new static image. Digital technology is the newest method to post static advertisements through script photographic imagery and 3 -D animation. This technology allows multiple advertisements, delivers commercial and non- commercial information to the public, and can also provide emergency information pertaining to public service announcements. A text amendment to Article 33 "Supplemental Sign Regulations, Permits, Plats and Filing Fees" is proposed to allow LED and LCD signage. Currently the Zoning Ordinance prohibits signage with blinking and flashing illumination The text amendment would remove reference to flashing and blinking, which would allow LED and LCD signage by amending the following sections: Section 33- 1.02.01 Single Tenant Freestanding Sign — One freestanding sign shall be permitted per street frontage or per lot and shall pertain only to the use(s) conducted within the building(s) located on the premise. Electronic continuous message boards, intermittent lighting. Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. . Each electronic LED, LCD, and intermittent static message shall be displayed for no less than eight (8) seconds. Section 33- 1.02.02 Single Tenant Wall Sign — The square footage for electric, non- electric, attached or painted wall signage on any building /structure shall not exceed 25 °r% of the building wall square footage for each elevation. All wall signs must be attached flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure and shall not project above the height of the building. Win-: Electronic continuous message boards, intermittent lighting, Light y Council Agenda Mcmorandun loning Text Amendment) =anuary 30, 200 - `'age 2 Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. within fiash-or--14ink: Each electronic LED, LCD, and intermittent static message shall be displayed for no less than eight (8) seconds. Wall signage shall pertain only to the use(s) conducted within the building(s) located on the premise. Section 33- 1.02.03 Multi- Tenant (3 or more Tenants) Freestanding Sign - One (1) freestanding sign for building /same project /development of 25,000 square feet or less or two (2) freestanding signs for building /same project development greater than 25.000 square feet shall be permitted, per street frontage, per lot or individual primary building and shall pertain only to the use(s) conducted within the building(s) located on the premise. Signs for building/same project/development shall be separated by a minimum of 150 feet. Electronic continuous message boards, intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. Each electronic LED, LCD, and intermittent static message shall be displayed for no less than eight (8) seconds. Section 33- 1.02.04 Multi- Tenant Wall Sign - Electric, non - electric, attached and/or painted wall signage on any building /structure shall not exceed 80% of the individual tenant space length and shall be unlimited as to height. All wall signs must be attached flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure and shall not project above the height of the building. illumination. Electronic continuous message boards, intermittent lighting, Light Emitting Diode (LEI)) and Liquid Crystal Display (LCD) signs are permitted. within flash or blink. Each electronic LED, LCD, and intermittent static message shall be displayed for no less than eight (8) seconds. Wall signage shall pertain only to the use(s) conducted within the building(s) located on the premise. ISSUE: To provide for intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display LCD) Signage for on- premise signage. Such intermittent static message should be displayed for no less than eight (8) seconds With this amendment, digital technology may be utilized in the selection and placement of signage. REQUIRED CITY COUNCIL ACTION: The City Council is requested to approve the proposed text amendment to the zoning ordinance to provide for more uniform regulation of signs and signage, by revising Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees" to allow intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) Signage. FUNDING: None H'_?LN- DIRvSHARED \GAIL \WORD extAmendment \Sign text Amendment \LED LCD Signs \SignAdmenMemo1- 30- 07.doc City Council Agenda Memorandum (Zoning Text Amendment) January 30, 200' Page 3 CONCLUSION AND RECOMMENDATION: The Planning Commission and Staff recommend approval of the proposed text amendment to the Zoning ordinance amending Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees" allowing intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) Signage. Deborah A. Marroquin, P.E. lyttiA Interim Director of Development Vt rvices DM:sm Attachments: 1) Planning Commission Minutes (01/10/07) 2) Ordinance H:`i'LN- DIR\. SHARED \GAIL \WORD\ ?extAmendment \Sign Text Amendment \LED LCD Signs\SignAdmenMemol- 30- 07.doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — January 10, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone. Chairman Rudy Garza. Vice Chairman Atilano J. Huerta Evon J. Kelly Johnny R. Martine. James Skrobarczyk John C'. Tamez COMMISSIONERS PRESENT, Fred Braselton Michael Pusley STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Mary Frances Teniente, PE, Assistant Director of Development Services/ Special Services Miguel S. Saldana, AICP, Senior City Planner Daniel McGinn, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary L CALL TO ORDER — 5:30 p.m. A quorum was declared present and the meeting was called to order at 5:32 p.m. II. APPROVAL OF MINUTES November 29, 2006 Motion for approval of minutes was made by Vice - Chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Braselton and Pusley being absent. III. PLATS Continued Plats Miguel Saldafia read continued plat agenda items "a, b, c, d and e" (shown below) into the record and stated that the applicants' have requested a continuance to the Planning Commission meeting scheduled for January 24, 2007. Staff recommends approval. a. 0706139 -P062 b. Seger Horse Barns, Block 1, Lot 1 (Final — 13.042 Acres) Located north of Glenoak Drive and west of Flour Bluff Drive. 1 006 184 -N P 106 The Grand Reserve Subdivision (Preliminary — 71.525 Acres) Located south of Glenoak Drive and east of Flour Bluff Drive. Variance to the maximum cul -de -sac length Action on plat Planning Cormrnssion Minutes January 10, 2007 Page 2 c. 100(,185 -NP 107 Laguna Shores Estates (Preliminary — 16.63 Acres) Located north of Hustlin Hornet Road and west of Laguna Shores Road. d. 1006191 -NP 113 Rose Acres, Lots 17A -17E, 18C, 18E, 20A -20G, 21A -21E, & 22A -22E (Final Replat — 4.79 Acres) Located north of FM 665 and east of FM 763. e. 1106209 -NP127 Valencia at Terra Mar (Preliminary — 52.82 Acres) Located south of Holly Road and west of Cayo De Oso. Motion for approval to recommend continuance of plat agenda items "a, b, c, d and e" to the January 24, 2007 Planning Commission meeting was made by Vice - Chairman Garza and seconded by Commissioner Tamez Motion passed unanimously with Commissioners Braselton and Pusley being absent. Miguel Saldafia stated that plat agenda item "f ' (listed below) was withdrawn by the applicant and will be submitted as a Planned Unit Development request. f. 1106216 -NP 131 King's Crossing Unit 21, The Village at King's Crossing, Block 1, Lot lA (Final — 6.06 Acres) Located at the end of Oso Parkway and west of Cimarron Boulevard. Miguel Saldafia read continued plat agenda item "g" (shown below) into the record and stated that this item has been submitted for approval. Staff recommends approval. g. 1206220 -P081 Bancroft Dodge Annex, Lot D (Final Replat — 0.31 Acre) Located east of Poth Lane, south of Interstate Highway 37 and north of Up River Road. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval of continued plat agenda item "g" was made by Vice - Chairman Garza and seconded by Commissioner Kelly. Motion passed unanimously with Commissioners Braselton and Puslev being absent. Planning Comrntssson Nltnutes. January 10. 2(107 Page 3 2. New Plats Miguel Saidana read new plat agenda items "a, b, g and i" (shown below) into the record and stated that the applicants' have requested a continuance to the Planning Commission meeting scheduled for January 24, 2007. Staff recommends approval. a. 0107001 -NP001 Bearden Industrial Tracts, Block 1, Lot 1 (Final — 1.7032 Acres) Located at the northeast corner of the intersection of Leopard Street and Hunter Road. b. 0107002 -NP002 g Crosstown Commons Subdivision, Block 1, Lot 1 (Preliminary — 227.09 Acres) Located south of South Padre Island Drive (SH 358), west of Crosstown Expressway (SH 286) and north of Holly Road. 0107007 -NP007 King's Crossing West Unit 2, Block 2, Lots 2 & 3 (Final — 5.001 Acres) Located south of Boston Drive, west of South Staples Street (FM 2444) and northwest of Chicago Drive. 0107009 -NP009 Los Arboles at Terra Mar Unit 1, Block 1, Lots A & 1 -5 & Block 5, Lots A & 1(Amending — 1.518 Acres) Located south of Holly Road and east of Rodd Field Road. Motion for approval to recommend continuance of new plat agenda items "a, b, g and i" to the January 24, 2007 Planning Commission meeting was made by Commissioner Martinez and seconded by Commissioner Kelly. Motion passed unanimously with Commissioners Braselton and Pusley being absent Miguel Saldafia read new plat agenda item "e" (shown below) into the record and stated that this item has been submitted for approval. Staff recommends approval. e. 0 10 "7005 -NP005 The Coves at Lago Vista Unit 1 (Amending — 84.192 Acres) Located south of FM 2444 (South Stapes Street) and west of Oso Creek. Motion for approval of new plat agenda item "e" was made by Commissioner Tamez and seconded by Commissioner Huerta Motion passed unanimously with Chairman Stone abstaining from the vote and Commissioners Braselton and Pusley being absent. Planning Commission Minutes January 10. 2007 Page 4 Miguel Saldafia read new plat agenda items "c, d, f and h" (shown below) into the record and stated that these items have been submitted for approval. Staff recommends approval. e. 0107003 -NP003 Roseland Place, Block 4, Lots 5A & 5B (Final Replat — 1.665 Acres) Located south of Rambler Street, west of Crosstown Expressway (SH 286) and east of Home Road. d. 010 7004 -NP004 Staples Plaza Unit 1 Block 1, Lots 7 & 8 (Final Replat — 3.465 Acres) Located south of Saratoga Boulevard (SH 357), north of Timbergate Drive and east of South Staples Street (FM 2444). f. 0107006 -NP006 King's Crossing Unit 13, Block 52, Lot 3 (Final — 1.805 Acres) Located south of Yorktown Boulevard and east of South Staples Street (FM 2444). h. 0107008 -NP008 Waldron Road Subdivision (Preliminary — 14.77 Acres) Located south of Graham Road and east of Waldron Road. Motion for approval of new plat agenda items "c, d, f and h" was made by Vice - Chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Braselton and Pusley being absent. 3. Time Extensions Miguel Saldana read time extension items "a and b" (shown below) into the record and stated that the applicants' have requested a six month extension. Mr. Saldana stated that this is the second time extension request for item "a ". Any additional time extensions from the applicant on this item will require notification of accentuating circumstances. Staff recommends approval. a. 0106003 -P003 Lynwood Place Unit 1, Block D, Lots 1A -6A (Final — 1.41 Acres) Located north of Tiger Lane between Surrey Lane and Lamp Post Lane. b. 0606112 -P051 Sunrise Business Park, Block 1, Lots 1 & 2 (Final — 5.739 Acres) Located south of State Highway 44 and west of Clarkwood South Road (FM 2292). Planning Commission Minutes ianuary 111. 200- Page 5 Public hearing was opened. No one was present ;n favor or opposition. Public hearing was closed. Motion for approval of time extensions "a and b" was made by Commissioner Martinez and seconded by Vice-Chairman Garza. Motion passed unanimously. IV. PLANNED UNIT DEVELOPMENT 1. Tabled Planned Unit Development a. Case No 1206 -04 The Preserve at Mustang Island: A change of zoning from an "A -T" Apartment District to an "A- T " / "PUD -2" Apartment Tourist District w /Planned Unit Development -2 Overlay 88.5 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island. Dan McGinn presented the above Planned Unit Development request for a mixed use development containing 136 single family lots, seven (7) multi family lots and one (1) lot for a community recreational building. The subject property is currently vacant and is located north of Zahn Road and adjacent to the Packery Channel. The area south of Zahn Road is being developed as a public park with the property to the west consisting of wetlands not to be developed. Due to the reduced setbacks and the mixed use for this development, the PUD is the best classification for this project which will be done in two (2) phases. Staff is recommending the following revisions to the "The Preserve at Mustang Island" Development Plan: 1. Section I. C Parking and Garages : Staff is requiring that parking be allowed on only one side of the main access road to allow 20 feet of unimpeded travel lanes for commuter and emergency vehicles. Buildings that are sprinkled and over 15,000 sq. ft. require a 20 foot fire department access road to the structure. The development of the multi family and recreation lots will trigger the need for a fire department access road. The fire department has reviewed a proposed parking layout of staggering the parking from one side to the other with at least 30 feet separating the no parking zones and finds it acceptable. (The applicant is working on the finalized version of i his parking layout and approval of the Development Plan will be contingent 11-1 the Fire Dept review and acceptance.) (Exhibit G: No Parking Layout -will need to be adjusted in the approved Development Plan to show additional areas for no parking zones) 2. I.0 Parking and Garages: Staff is recommending the addition of door openings to the Garages section under Private Drive and Private Access Drive. b. Garages: i. Garage door openings parallel to the alley will have a 20' setback. ii. Garage door openings at a 90 degree angle to the alley will have a 5' setback. 3. I. D Development Phasing: Phase 2. Lot 8 adjacent to Zahn Rd. will be contingent on the easement closure by City Council. 3lannmg Commission \ inutes January 10, 200 4'a:,e 6 \dditional Conditions to be added to the "The Preserve at Mustang Island" Development Plan: Land Uses: Permitted uses on lot 13, block 6 and lot 1, block 8 will include single family, multi family, and parking to support the multi family or recreation/ retail lot. These lots will he identified as multi family lots on the final Development Plan) 2. Retail Uses: Retail uses are permitted on the designated lot identified in the "The Preserve at Mustang Island" PUD Development Plan. The uses shall consist of personal service uses and retail. 3. Time Limit: Construction of the subdivision project shall commence within one (1) year from the approved ordinance date of the "PUD -2" Overlay and construction shall be completed within three (3) years from the approved ordinance date of the "PUD -2" Overlay. or the "PUD -2" expires Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval of planned unit development was made by Vice - chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Braselton and Pusley being absent. Miguel Saidana presented the plat (listed below) in connection with Case No. 1206 -04 stating that Staff recommends approval. 1206221 -NP135 The Preserve at Mustang Island (Preliminary — 139.26 Acres) Located between State Highway 361 and the Gulf of Mexico, north of Zahn Road Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval of plat was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Braselton and Pusley being absent. Panning Commission vlinutes January 10. 007 P;ge7 . ZONING 1. Tabled Zoning Cases a. Case No. 1206 -05 The Preserve at Mustang Island: A change of zoning from an "A -T" Apartment Tourist District to a "B -2A" Barrier Island Business District 6.39 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island Dan McGinn presented the above case which is located in the same vicinity as Case No. 1206 -04 consisting of 6.39 acres for the development of a commercial site. The existing land use is adjacent to the proposed mixed use residential project and the applicant is proposing a "B -2A" Barrier Island Business District with the intended use not determined at this time. Staff recommends approval. In answer to Commissioner Huerta, Mr. McGinn stated that TxDOT will be reviewing the traffic but access will, in all probability. he from Zahn Road. Public hearing was opened No one was present in favor or opposition. Public hearing was closed. Motion for a "B -2A' Barrier Island Business District was made by Commissioner Huerta and seconded by Vice - Chairman Garza. Motion passed unanimously with Commissioners Braselton and Pusley being absent New Zoning a. Case No. 0107 -01 Edwin Williams: A change of zoning from a "B -1" Neighborhood Business to a "B -4" General Business District Coastal Bend Subdivision, Block 2, lot 7, located north of Northwest Boulevard and 575 feet east of County Road 69. Faryce Goode -Macon presented the above case for a "B -4" General Business District located on Northwest Boulevard and County Road 69 for an auto parts and sales building providing no service bays. The existing land use shows the subject property as vacant with a public school to the north. The remaining surrounding area consists of commercial property. A Special Permit for this property was approved in February, 2006 and the applicant is requesting the change in zoning to increase the property to 7,372 square foot. Staff recommends denial of the `B -4" General Business District, and in lieu thereof, approval of a revised Special Permit to increase the building size to 7,500 square feet with a one year time limit. Planning Commission Minutes January 10. 2007 Page 8 Public hearing was opened No one was present in favor or opposition. Public hearing was closed. Motion for a "B-1"/SP Neighborhood Business District with a Special Permit was made by Commissioner Huerta and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Braselton and Pusley being absent. VI. DEFERMENT AGREEMENT: PUBLIC IMPROVEMENTS RODD FIELD BLOCKS 1 THRU 15 Mary Frances Teniente presented the above deferment request for Rodd Field waiving the construction requirements of water. wastewater, paving, and drainage improvements to be 75% complete prior to recordation of the plat. This request is based on reasonable cause due to requirements per the Platting Ordinance, Section V.A.3.b. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for deferment due to reasonable cause was made by Vice - Chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Braselton and Pusley being absent. VII. PUBLIC HEARING — ZONING TEXT AMENDMENT LIGHT EMITTING DIODE (LED) AND LIQUID CRYSTAL DISPLAY (LCD) SIGNAGE Faryce Goode-Macon presented the above text amendment to amend the Zoning Ordinance "Article 33" under "Supplementary Sign Regulations, Permits Plats, and Filing Fees" to allow intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD Signage. This amendment will cover section numbers 1.02 01, 1.02.02, 1.02.03 and 1.02.04 under Section 33. Staff recommends approval. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval was made by Commissioner Huerta and seconded by Vice - Chairman Garza. Motion passed unanimously with Commissioners Braselton and Pusley being absent. ?laming Commission \Imputes January ' (1 20')- 'a < *e 9 VII. DIRECTOR'S REPORT A. FUTURE SCHEDULED MEETINGS B. EXCUSED ABSENCES C. OTHER MATTERS Faryce Goode -Macon stated that the UDC focus groups are progressing. VIII. ADJOURNMENT Motion was made by Vice- Chairman Garza and seconded by Commissioner Skrobarcyzk to adjourn the meeting at 6:33 p.m. Motion passed unanimously. Faryce Goode -Macon =acting Assistant Director of Development Services /Planning Gail Perry Recording Secretary is LN- DIR'.SHAREDAWORD\PL.ANNiN( COMMISSIONvMINUTES 12007 \011007.DOC +1: PLN- D1R'SHAREDAWORD \Planning Commission \Minutes\2007 \011007.doc Page 1 of 4 AN ORDINANCE AMENDING ARTICLE 33 "SUPPLEMENTARY SIGN REGULATIONS, PERMITS, PLATS, AND FILING FEES" ALLOWING INTERMITTENT LIGHTING, LIGHT EMITTING DIODE (LED) AND LIQUID CRYSTAL DISPLAY (LCD) SIGNAGE; PROVIDING FOR SEVERANCE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 11, 2006, City Council adopted amendments to the sign regulations in the Zoning Ordinance; WHEREAS, the draft regulation was reviewed by the Planning Commission on January 10, 2007; and WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 10, 2007, during a meeting of the Planning Commission, and on Tuesday, January 30, 2007, 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 signs that communicate to the off - premise public; 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 mended by revising Article 33, SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES, Sections 33- 1.02.01 through 33- 1.02.04, as follows: ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FLING FEES 33 -1.02 FREESTANDING AND WALL SIGN. 33- 1.02.01 Single Tenant Freestanding Sign — One freestanding sign shall be permitted per street frontage or per lot and shall pertain only to the use(s) conducted within the building(s) located on the premise. Electronic Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. • H:\ LEG -DIR\ Shared\ Garys\ agenda12007 11- 301ZngOrdTxAdmntLED LCD Signs.doc Page 2 of 4 Electronic LED and LCD static messages shall be displayed for no less than eight (8) seconds. 33- 1.02.02 Single Tenant Wall Sign — The square footage for electric, non - electric, attached or painted wall signage on any building /structure shall not exceed 25% of the building wall square footage for each elevation. All wall signs must be attached flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure and shall not project above the height of the building. V-sign Electronic Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. Electronic LED and LCD static messages shall be displayed for no less than eight (8) seconds. Wall signage shall pertain only to the use(s) conducted within the building(s) located on the premise. 33- 1.02.03 Multi- Tenant (3 or more Tenants) Freestanding Sign — One (1) freestanding sign for building /same project/development of 25,000 square feet or less or two (2) freestanding signs for building /same project development greater than 25,000 square feet shall be permitted, per street frontage. per lot or individual primary building and shall pertain only to the use(s) conducted within the building(s) located on the premise. Signs for building /same project/development shall be separated by a minimum of 150 feet. Electronic Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. Electronic LED and LCD static messages shall be displayed for no Tess than eight (8) seconds. 33- 1.02.04 Multi- Tenant Wall Sign — Electric, non - electric, attached and /or painted wall signage on any building /structure shall not exceed 80% of the individual tenant space length and shall be unlimited as to height. All wall signs must be attached flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure and shall not project above the height of the building. Electronic continuous message boards Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. Electronic LED and LCD static messages shall be displayed for no Tess than eight (8) seconds. Wall signage shall pertain only to the use(s) conducted within the building(s) located on the premise. H: \L.EG -DIR\ Shared \GaryS\ agenda \2007 \1- 30\ZngOrdTxAdmntLED LCD Signs.doc Page 3 of 4 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. This ordinance shall take effect upon and after publication of this ordinance. H:\LEG -DIR\ Shared\ GaryS\ agenda12007 \1- 30\ZngOrdTxAdmntLED LCD Signs.doc That the foregoing ordinance wa reading on this the 304' day o Page 4 of 4 s read for the first time and passed to its second f J c ^��i , 2007, by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia A- Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2007, by the following vote: Henry Garrett Brent Chesney John E. Marez Melody Cooper Jerry Garcia PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary APPROVED as to form: Soutir3 4.1 , 2007 By: ry . Smith Assistant City Attorney For City Attorney Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of , 2007. CITY OF CORPUS CHRISTI Henry Garrett Mayor ALEG- DIR \Shared\GarySlagenda \200711- 302ngOrdTxAdmntLED LCD Signs.doc 19 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: February 13, 2007 a Public hearing to consider abandoning and vacating a 6,001- square foot portion of a 20 -foot wide x 300 -foot long, undeveloped public alley right -of -way, out of Block 19, Brooklyn Addition, between the Neal Street and Hayes Street public rights -of -way. b Ordinance abandoning and vacating a 6,001 - square foot portion of a 20 -foot wide x 300 -foot long, undeveloped public alley right -of -way, out of Block 19, Brooklyn Addition, between the Neal Street and Hayes Street public rights -of -way; subject to owner's compliance with the specified conditions; and declaring an emergency. ISSUE: Mr. John M. Golden, owner of J. Golden Properties, Inc., is requesting the abandonment and wscation of the undeveloped public alley right -of -way, out of Block 19, Brooklyn Addition, to allow for the construction and development of a Gated Town -Home Community (16 units) on the site occupied by the undeveloped public alley right -of -way. REREDCOUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of alley right -of -way. City Code requires a public hearing prior to the vacating and abandonment of any alley right -of -way. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map Debbie Marro uin, P.E. ) Interim Director of Deve opment Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Mr. John M. Golden, owner of J. Golden Properties, Inc., is requesting the abandonment and vacation of the 20 -foot wide x 300 -foot long, undeveloped public alley right -of -way, out of Block 19, Brooklyn Addition. The alley right -of -way to be abandoned and vacated is located in an "AT" Apartment Tourist District. The 20 -foot wide undeveloped alley right -of -way is located between the Neal Street and Hayes Street public rights -of -way. The undeveloped alley right -of -way is being abandoned and vacated to allow for the construction and development of a Gated Town -Home Community (16 units) on the site. All public and franchised utilities were contacted regarding this closure request. City Gas Department has an existing 2 -inch wrapped steel gas line that will have to be relocated, and if required a utility easement dedicated at owner's expense. City Wastewater Department has an existing 8" sewer main that will have to be abandoned in place or relocated and existing taps /services that will have to be plugged, at owner's expense. Water Department has an existing 2" waterline that will have to be abandoned at owner's expense. AT&T (SBC) has some old power poles in the alley right -of -way that will have to be removed at owner's expense. None of the other city departments and franchised utility companies had any facilities within the alley right -of -way or any objections to the alley being abandoned and vacated. Staff recommends that payment of the fair market value be waived because of City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned public right - of -way is unimproved, not used for any public purpose, and acquired by an abutting property owner, as it is in this case. The owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A Page 1 of 3 AN ORDINANCE ABANDONING ACID VACATING A 6,001 - SQUARE FOOT PORTION OF A 20-FOOT WIDE X 300 -FOOT LONG, UNDEVELOPED PUBLIC ALLEY RIGHT -OF -WAY, OUT OF BLOCK 19, BROOKLYN ADDITION, BETWEEN THE NEAL STREET AND HAYES STREET PUBLIC RIGHTS -OF -WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED COI4ITIONS; AND DECLARING AN EMERGENCY. WHEREAS, John M. Golden, owner of J. Golden Properties, Inc., requested the abandonment and vacation of the undeveloped public alley right -of -way, out of Block 19, Brooklyn Addition, for the construction and development of a gated town home community on property including the undeveloped public alley right -of -way; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the undeveloped public alley right - of -way, subject to the provisions below. (Exhibit) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 6,001- square foot portion of the 20 -foot wide x 300 -foot long, undeveloped public alley right -of -way out of Block 19, Brooklyn Addition, between the Neal Street and Hayes Street public rights -of -way is abandoned and vacated, the plat thereof is recorded in Vol. A, Pages 31 -32 of the Map Records of Nueces County, Texas, subject to J. Golden Properties, Inc.'s, compliance with the following specified conditions as part of the abandonment and vacation: 1) Payment is waived because City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned public right -of -way is unimproved, not used for any public purpose, and acquired by an abutting property owner. 2) Gas Department has an existing 2 -inch wrapped steel gas line that will have to be relocated, and if required a utility easement dedicated, at owner's expense. 3) Wastewater Department has an existing 8" sewer main that will have to be abandoned in place or relocated and existing taps /services that will have to be plugged, at owner's expense. 4) Water Department has an existing 2" waterline that will have to be abandoned at owner's expense. 5) AT&T has some old power poles in the alley right -of -way that will have to be removed at owner's expense. H ":LEG- DIRIShared\ GaryS\ agenda12007 \2- 13 \ORD- BrooklynAddn- abandon - vacateGoldenProp.doc Page 2 of 3 6) Upon approval from Council and ordinance issued, all grants of street closures must be recorded in the Real Property Map Records of Nueces County, Texas, in which the property is located. Prior to building permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 7' Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. SECTION 2. 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 13th day of February, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: February 7, 2007. mith Assistant City Attorney For City Attorney H: \LEG -D I R\Shared \GaryS\ agenda \2007\2- 13 \ORD- BrooklynAddn- abandon- vacateGoldenProp. doc Page 3 of 3 Corpus Christi, Texas day of , 2007 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, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia WiIIia n Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott P: \LEG -D IR \Shared \GaryS \agenda\200712 -13\0 RD- BrooklynAddn- abandon - vacateGoldenProp.doc LOCATION MAP N.T.S. Gu fbreeze Boulevard .., ./oi P ' - -.? cis .ot A. t31'•.1 15 :,.." t-;' ,...., . .t.`,,t‘ . ,..t v-6 k dat cr. :,:c — .., ",,' \ ,L-.. a .0 I :-.. ■ ,..0,' :- .-- <-- Lot e. 1:3 13 1.0ci 7.: 7, _ cr..300.00.: _ N32.00'0011 1 300.06' Point of Beginning 0.138 Acres (6001 11 Sc it.) /20' Alteril 0 S3200 00 W 300.06 (P.ct.300.00.) Brook; -vr. do. or A. Pa - levo' 5, Block t9 Lot 9. Et10Ck iQ a7. Lot 11. Block Avenue A 90. 0 60 120' l'er5C? 111EANIET .-'9111111111111111111E " Li 111E-2_' 00 20,00 L2 2. 20.00 Exhibit B Map to Accompany iIt7,„ONOTES for the closing of o 2aX foot wide alley as shown on the recorded plat of, Brooklyn Addition, a mop 0 which is recorded in Volume A Rages 51-32 Mop Records of Nueces County. Texas. ms R B A \ 58w1 YEt CCMIS 2011S4 irZIS 73404 ENGINEERING DATE: JAN. 4, 2007 SCALE: 1.'140' JOB NO.: 40756.00.01 DRAM BY: RLG SHEET; 1 of 2 (1,Z-J7O Pr X050-11071 ..7.• • C).* - tESit e Afbree,.e venue A le yard ell 1 1,2 Bo.:Ievor: P1" z LOCATION MAP N.T.S. Gulfbreeze Boulevard Lot ?. Block 19 I , • 1 Brooklyn n 1 Adcii ion 1 voL A. Pgs. _1 — 32, Mop Rdcords, h: tomes County. Toxin 1 Lot A, Block 19 1 I +et. sr l i L.— _ • Ea. — VP- 91 dr 1 ¶ 1 1 1 oeit, ' so ef #4 1 cc; 1 ct 1 _, 6 4 1 cif 1 1 ...: 1 Oilocia3lilkOr) 1 II 111 • • lk • . 0.13. Agree of Beginning (Gomm sq IL) Lot 4. Block 19 Lot E. Block •,1 a 0 E6 0 -J JWWW 1 JUU.U5 1 (Piat.30C1.0o1 Brook; yni Addition Voi. A, Pgz. '31-32. Mg, Ralco-ds. Nuocei County, Tallos Lot 5, Block 19 Lot 7. Block Lot 9, Block 19 Avenue A IT: 11111111111111111•Th: -741 BUM II 4. all" NM MIMI& 41.__ MEM :2 EXHIBIT C Map to Accompany flaDMMES r So alma, g d o 20.00 loot Ride allop es shown on the "Ponnial Piet fiC befehill Malt 0 0,410 W a k feconefiti k Whom 4 Pops 31-32 Mop locorekt d Mums Cbsogy, Tom C ENGINEERING ULLJRBAN) w= WIN DATE: JAN. 4, 2007 SCALE: t'-$O' JOS NO.: 40736.00.01 SHEET: 1 of 2 DRAM BY: RLG 20 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 02/13/07) Care No. 0107 -01. Edwiq Williams: A change of zoning from `B -1 /SP" Neighborhood Business District with a Special Permit to a "B -4" General Business District on property being Coastal Bend Subdivision, Block 2. Lot 7. located north of Northwest Boulevard (FM 624) and 575 feet east of County Road 69 Phoning Commission & Otaff's Recommendation (12/13/06): Denial of the "B -4" General Business District and in lieu thereof, approval of a revised Special Permit subject to a site plan and the following two (2) conditions: 1. USE: The only use authorized by this Special Permit other than the basic "B -1" Neighborhood Business District on the subject property is an enclosed auto parts and sales building up to 7,500 square feet with no service bays. 2. TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Requested Council Action: Denial of the "B -4" General Business District and in lieu thereof, approval of a revised Special Permit subject to a site plan and the following two (2) conditions: I. USE: The only use authorized by this Special Permit other than the basic "B -1" Neighborhood Business District on the subject property is an enclosed auto parts and sales building up to 7,500 square feet with no service bays. 2. TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Summary: • Applicant requesting a change of zoning from "B -1 /SP" Neighborhood Business District with a Special Permit to a `B-4" General Business District to allow for an auto parts and service building with no service bays, which exceeds the matter of right allowable building square footage for such use permitted under the existing Special Permit approved February 2006. An amendment to the Special Permit to increase the auto parts and sales building from 7,000 square feet up to 7.500 square feet would be required if a "B -4" District is not granted. • The subject property consists of 1.057 acres and is located along Northwest Boulevard, an arterial roadway, and east of County Road 69. • Development immediately to the east and west of the subject property is a car wash and bank w ithin a strip of "B -1" District property. To the north is public /school property. Along Northwest Boulevard to the south is a strip on "B -4" District property developed with an auto parts use and strip commercial center. Agenda Memorandum Case No 010' -01 (Edwin Vs illiam, r Pace '. • Property south and across Northwest Boulevard, from the subject property was originally annexed in 1980 and zoned an "F -R' District. In 1983, such property was rezoned to a "B -4" District which extended south from Northwest Boulevard into the current River Ridge Subdivision. In 1992. the current River Ridge Subdivision was rezoned to an "R -1A" District. Property fronting Northwest Boulevard to the south retained the `B -4" District classification. Fhe proposed auto parts and service use is currently allowed in the existing "B -1 /SP" Neighborhood Business District with a Special Permit, providing the building is 7,000 square feet in gross area or less with no service bays. • The requested change of zoning is to accommodate a building up to 7,500 square feet with no service bays for a permitted use in the existing zoning. The auto parts and sales use is the only use in the "B-1" District that has a building square footage limitation. All other permitted uses are not restricted by a building square footage. Since the property is over an acre in area, sufficient open space and setback of the proposed building from the school property to the north is provided. The proposed site plan indicates that the rear setback of building is 90 feet from the school site. Property east and west of the subject property is zoned "B -1" Neighborhood Business. Such zoning should be retained along this established section. A revised Special Permit in the existing zoning district, allowing a building up to 7,500 square feet with no service bays for the auto parts and sales use could accommodate the request Notification: Of the eleven (1 1) notices mailed to the surrounding property owners, zero (0) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non- controversial. MG /FGM/blp Attachment": 1) Zoning Report 2;1 Zoning Map 3) Planning Commission Minutes (01 /10/07) 4 i Ordinance H: PLN- DIRISHARED'Beverlv\2007 ( C\0107 -01 kGENDAMEMO.doc b 4 '�/' V d Deborah A. Marroquin, P.E. Interim Director of Development ervices CITY COUNCIL ZONING REPORT Case No.: 0107 -01 City, Council Hearing Date: February 13, 2007 Applicant & Legal Description Applicant: Edwin Williams Owner: Patrick J. and Benigna T. Kotzur Agent: Same as Applicant Property Area: Coastal Bend Subdivision, Block 2, Lot 7, located north of Northwest Boulevard (FM 624) and 575 feet east of County Road 69. Zoning Request From: "B -1 /SP" Neighborhood Business District with a Special Permit To: '`B -4" General Business District Area: 1.057 acres Purpose of Request: To allow a 7,500 square foot auto parts and sales building with no service bays, that exceeds the matter of right allowable building square footage for such use. Existing Zoning and Land Uses Zoning Existing Land Use Vacant lot Future Land Use Commercial Site `B -1 /SP" Neighborhood Business District with Special Permit North "R -1B" One- family Dwelling District Public /School Property Public /School South "B-4" General Business District Shopping Center and auto sales and parts use Car Wash Commercial Commercial East "B -1" Neighborhood Business District West `B -1" Neighborhood Business District Bank Commercial ADP, Map & v' Area Development Plan: Northwest Area Development Plan (NWADP) —The future land use map supports commercial uses. Map: 067051 Zoning Violations: None Zoning Report Case No 0107 -01 (Edwin Williams) Page 2 Staff's Summary • Applicant requesting a change of zoning from "B -1 /SP" Neighborhood Business District with a Special Permit to a "B -4" General Business District to allow for an auto parts and service building with no service bays, which exceeds the matter of right allowable building square footage for such use permitted under the existing Special Permit approved February 2006. An amendment to the Special Permit to increase the auto parts and sales building from 7,000 square feet to 7,500 square feet would be required if a "B -4" District is not granted. • The subject property consists of 1.057 acres and is located along Northwest Boulevard, an arterial roadway and east of County Road 69. • Development immediately to the east and west of the subject property is a car wash and bank within a strip of "B -1" District property. To the north is public /school property. Along Northwest Boulevard to the south is a strip on "B -4" District property developed with an auto parts use and strip commercial center • Property south and across Northwest Boulevard, from the subject property was originally annexed in 1980 and zoned an "F -R" District. In 1983, such property was rezoned to a "B -4" District which extended south from Northwest Boulevard into the current River Ridge Subdivision. In 1992, the current River Ridge Subdivision was rezoned to an "R-1A" District. Property fronting Northwest Boulevard to the south retained the "B -4" District classification. • The proposed auto parts and service use is currently allowed in the existing "B- 1!SP" Neighborhood Business District with a Special Permit, providing the building is 7,000 square feet in gross area or less with no service bays. • The requested change of zoning is to accommodate a 7,500 square foot building with no service bays for a permitted use in the existing zoning. The auto parts and sales use is the only use in the "B -1" District that has a building square footage limitation. All other permitted uses are not restricted by a building square footage. • Since the property is over an acre in area, sufficient open space and setback of the proposed building from the school property to the north is provided. The proposed site plan indicates that the rear setback of building is approximately 90 feet from the school site. • Property east and west of the subject property is zoned "B -1" Neighborhood Business. Such zoning should be retained along this established section. A revised Special Permit in the existing zoning district, allowing a 7,500 square foot building with no service bays for the auto parts and sales use could accommodate the request. Zoning Report Case No. 0107 -01 (Edwin Williams) Page 3 Street R.O.%% Street Type Northwest Boulevard 1 Arterial County Road 69 1 Rural :Arterial /Collector Paved Section 120' R.O.W. w/ 76' pavement and center turning lane 80' to 120' R.O.W. w/ 48' Bk. to bk. pavement Volume (2001) 25,090 a.d.t. 920 a.d.t. Fhe subject property is platted. On February 25. 2006, the Planning Commission denied a zoning change for previous case 0106 -09 from-13-1- Neighborhood Business District to "B -4" General Business District, but approved a zoning of `B -1 /SP" Neighborhood Business District with a Special Permit for Auto Parts and Sales Business, which allowed for a 7,000 square foot auto parts and sales building. Staff Recommendation Denial of the `B -4" General Business District and in lieu thereof, approval of a revised Special Permit subject to a site plan and the following two (2) conditions: USE: The only use authorized by this Special Permit other than the basic "B -1" Neighborhood Business District on the subject property is an enclosed 7,500 square foot auto parts and sales building with no service bays. 2. TIME LIMIT: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Denial of the "B -4" General Business District and in lieu thereof, approval of a revised • Special Permit subject to a site plan and the following two (2) conditions: a 1. USE: The only use authorized by this Special Permit other than the basic o "B -1" Neighborhood Business District on the subject property is an enclosed 7,500 square foot auto parts and sales building with no service bays. *ID 2. TIME LIMIT: The Special Permit shall be deemed to have expired within one es (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Number of Notices Mailed 11 Favor 0 Opposition 0 (As of January 31, 2007) Attachments: Zoning Map Revised Site Plan H `P1.N•DIRSHARED \ Beverly \2007 PC\ZONRPTS \January \cc reports \01 07-0 1REPORT.doc CALALLEN INDEPENDENT SCHOOL DISTRICT B -1 /SP /06 -04 Case 0107 -01 F -R RE RA R- R-I9 R - IC 4 A -:4 A -_ AT AB Farm Rural District Resioentiai Estate District Cne 'amity Dwelling District Ct'e =amdy Dwelling District Cne =amity Dwelling District Cne Family Dwelling District Apartment House District Apartment House District Apartment House Distrtc! Apartment Tourist District P ---afessional Office District NOTICE MAP R -TH " ownnouse ! welling District R 2 Multiple Dweding District T 1A ' ravel Trailer Park District T- 1B Manufactured Home Park District T 1C Manufactures] Home Subdivision District HC - istorcal- Cu tura, '._andmark Preservation : -3 SP PUD eight 1ndusr;ial Dist+i ct Heavy Industriai District Special Permit tanned Una' Development 8 -1 Neighborhood Business District B -1A Neighborhood Business District B -ZA Barrier Island Business District 8 -2 Bayfront Business District BD Corpus Christi Beach Design Dist. B -3 Business District 8 -4 General Business District 3-5 Primary Business District 8 -6 Primary Business Core District 1 -1 Limited Industrial District N wt ►E 0 100 200 HK/26DEC06 Nov ,5 06 01:39p Patrick Kotzur NOV -14 -2006 TUE 08:55 AM rraLt til 361 - 767 -7088 p.3 FAX NO, P. 04 P 3 okR.e- 0103- -v1 aeviseel S(- Flag. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — January 10, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Atilano J. Huerta Eon J. Kelly Johnny R. Martinez James Skrobarczyk John C. Tamez COMMISSIONERS ABSENT: Fred Braselton Michael Pusley V. ZONING New Zoning a. Case No. 0107 -01 STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Mary Frances Teniente, PE, Assistant Director of Development Services/ Special Services Miguel S. Saldana, AICP, Senior City Planner Daniel McGinn, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary Edwin Williams: A change of zoning from a "B -1" Neighborhood Business to a `B-4" General Business District Coastal Bend Subdivision, Block 2, lot 7, located north of Northwest Boulevard and 575 feet east of County Road 69. Faryce Goode -Macon presented the above case for a `B-4" General Business District located on Northwest Boulevard and County Road 69 for an auto parts and sales building providing no service bays. The existing land use shows the subject property as vacant with a public school to the north. The remaining surrounding area consists of commercial property. A Special Permit for this property was approved in February, 2006 and the applicant is requesting the change in zoning to increase the property to 7,372 square foot. Staff recommends denial of the "B -4" General Business District, and in lieu thereof, approval of a revised Special Permit to increase the building size to 7,500 square feet with a one year time limit. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for a `B -1 - /SP Neighborhood Business District with a Special Permit was made by Commissioner Huerta and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Braselton and Pusley being absent. Page of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY EDWIN WILLIAMS, BY CHANGING THE ZONING MAP IN REFERENCE TO COASTAL BEND SUBDIVISION, BLOCK 2, LOT 7 (CURRENTLY ZONED "B -1 /SP" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT) BY GRANTING A SPECIAL PERMIT TO ALLOW FOR A 7,500 SQUARE FOOT AUTO PARTS AND SALES BUILDING WITH NO SERVICE BAYS, WHICH EXCEEDS THE MATTER OF RIGHT ALLOWABLE BUILDING SQUARE FOOTAGE FOR SUCH USE, SUBJECT TO A SITE PLAN AND TWO (2) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Edwin Williams, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 10, 2007, during a meeting of the Planning Commission, and on Tuesday, February 13, 2007, 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 City Council has determined that this amendment would best serve public hear, 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: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended in reference to Coastal Bend Subdivision, Block 2, Lot 7 (currently zoned "B- 1 /SP" Neighborhood Business District with a special permit) by granting a Special Permit for a 7,500 square foot auto parts and sales building with no service bays, which exceeds the matter of right allowable building square footage for such use, subject to a site plan and two (2) conditions (currently zoned "B -1 /SP" Neighborhood Business District with a Special Permit), located north of Northwest Boulevard (FM 624) and 575 feet east of County Road 69. (Zoning Map 067051) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan attached as Exhibit A and the following two (2) conditions: H^ LEG- DlR \Shared\GaryS \agenda12 00712- 1 310 1 07 -0 1 Edwin Williams sp.doc Page 2 of 4 1 USES: The only use authorized by this Special Permit other than the basic "B -1" Neighborhood Business District on the subject property is an enclosed 7,500 square foot auto parts and sales building with no service bays. 2 TM LIMIT: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance 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. That 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. 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 upon first reading as an emergency measure on this 13th day of February, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi f \LEG -DR \ Shared \GaryS \agenda\2007\2 -13 \0107 -01 Edwin Williams sp.doc Page 3 of 4 APPROVED: February 7, 2007 Gary . Smith Assiant City Attorney For City Attorney H TEG-DIR \Shared \GarySkagenda \2007\2-13\0107-01 Edwin Williams sp.doc Page 4 of 4 Corpus Christi, Texas day of _ _, 200; 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, 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 Marie Scott -i \ LEG -DIR \Shared \GaryS\agenda\2007\2 -1 3\0107 -01 Edwin Williams sp.doc EXISTING INTERNATIONAL 54NK OF COMMRCE cr, UP TO 1�� SF AND REQUIRED PARKING 15402' EXh'15/T " C-4 EXISTING CAR LU4S14 21 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 02/13/07) Casg4No. I166 -04, The Pretterve at Mustang Island: A change of zoning from an 'AT" Apartment Tourist District to an "AT/PUD -2" Apartment Tourist District with a Planned Unit Development -2 Overlay, on property being 88.45 acres out of the Bryan William Survey No. 606, I. S 64, located along the north side of Zahn Road on Mustang Island. Plansing Commission & off Recommendation (01/10/07): Approval of the Planned Unit Development -2 Overlay (PIJD -2) subject to the approval of the plat and the revised "The Preserve at Mustang Island" PUD Development Plan. Requested Cpuncil Action: Approval of the Planned Unit Development -2 Overlay (PUD -2) subject to the approval of the plat and the revised "The Preserve at Mustang Island" PUD Development Plan. Summary: • Request: The applicant has requested a change of zoning to a Planned Unit Development 2 (PUD -2) in order to create a unique private community containing a combination of single and multi - family development. A central community space will also be provided containing recreational and retail areas catering to the personal needs of the residents of the development. • Zoning: The purpose of the 'AT/PUD-2- Apartment Tourist District with a Planned Unit Development Overlay is to allow for flexibility, and innovative design that would otherwise be restricted within the current ordinances. The development will contain private streets that are narrower than a standard residential subdivision. Setbacks will be reduced in the front and back yards to encourage construction close to the street right -of -way. The floor area ratio (FAR) will be increased on the multi family lots to allow higher density development. There will be mixed uses it a centrally located community space for recreation and retail activities serving the community. The proposed development will be unique and would not fit within any existing zoning classification. • Existing Land Use: The property is currently vacant and is located along the north side of Zahn Rd. adjacent to the Gulf of Mexico. The area south of Zahn Rd. is currently being developed as a public park by the City of Corpus Christi. The property to the north is vacant and is owned by Nueces County Across State Highway 361 and to the west is land that is owned by the state and is predominately wetlands and will not be developed. • Utilities: The proposed project will be required to build a new lift station along Zahn Rd and a force main that will traverse under Packery Channel and connect to the wastewater system along Park Rd. 22. Water service will be provided by Nueces County Water Control and Improvement District No. 4 with a 20 inch transmission line along SH 361. Benda \Iernorandum C ase No 9204 -04 (The Preserve <<t Mustang i,land Page 2 • Transportation: The proposed mixed residential development of this property could generate approximately 2,000 vehicle trip ends per day. The subject property is located on Zahn Rd. which is a collector street and connects to State Highway 361, a designated major arterial roadway in the Urban Transportation Plan. • Comprehensive Plan and Land Use Compatibility: The future land use map recommends mixed use tourist for the subject property. The zone change request is consistent with the future land use map and will provide a unique residential community surrounded by city and county park amenities. Notification: Of the two (2) notices mailed to the surrounding property owners, zero (0) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. -ti-\r)t,r04\ tiCtuk Deborah A. Marroquin, P.E. Interim Director of Development Services MG!FGM /blp Attachments: 1) Zoning Report 2) Zoning Map 3) Metes and Bounds 4) Development Plan 5 t Plat 6) Planning Commission Minutes (01.10/07) 7) Ordinance H 'PLN -D {R `SHARED \ Bel. erly\2007 CC \1207 -04 ‘GE'`DAMEMO.doc CITY COUNCIL ZONING REPORT Case No. 1206 -04 City Council Hearing Date: February 13, 2007 Applicant: The Preserve at Mustang Island LLC. Owner: Same as applicant Agent: Naismith Engineering (Craig Thompson) Legal Description/Location: 88.45 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island. Zoning Request From "AT" Apartment Tourist District To: "AT/ PUD 2" Apartment Tourist District with a Planned Unit Development 2 Overlay Area: 88.45 acres Purpose of Request: To allow for a mixed use community containing 136 single family lots, seven (7) multi family lots, and one (1) lot for a community building for recreation and retail. Site North South East West Zoning Existing Land Use "AT" "FR" "AT/ IO" Gulf of Mexico "F -R" Future Land Use Undeveloped land Mixed use tourist Park Park Park (Packery Channel) Park/ Public Gulf of Mexico Gulf of Mexico Wetlands Wetlands a a Area Development Plan: The Mustang -Padre Island Development Plan's adopted future land tv .2 use map recommends mixed use tourist for the site. The "AT/ PUD -2" Apartment Tourist/ Planned Unit Development 2 district is consistent with the Plan's recommended land use. C Map No.: 028021 Zoning Violations: None Staff's Summary • Request: The applicant has requested a change of zoning to a Planned Unit Development 2 (PUD -2 F in order to create a unique private community containing a combination of single and multi family development. A central community space will also be provided containing recreational and retail areas catering to the personal needs of the residents of the development. Zoning The purpose of the `'AT'PUD -2" Apartment Tourist District with a Planned Unit Development Overlay is to allow for flexibility and innovative design that would otherwise be restricted within the current ordinances. The development will contain private streets that are narrower than a standard residential subdivision. • Setbacks will be reduced in the front and back yards to encourage construction close to the street right -of -way. The floor area ratio (FAR) will be increased on the multi family lots to allow higher density development. There will be mixed uses in a centrally located community space for recreation and retail actin ities serving the community. The proposed development will be unique and would not fit within any existing zoning classification • Existing Land Use: The property is currently vacant and is located along the north side of Zahn Rd. adjacent to the Gulf of Mexico. The area south of Zahn Rd. is currently being developed as a public park by the City of Corpus Christi. The property to the north is vacant and is owned by Nueces County Across State Highway 361 and to the west is land that is owned by the state and is predominately wetlands and will not be developed. • Utilities: The proposed project will be required to build a new lift station along Zahn Rd and a force main that will traverse under Packery Channel and connect to the wastewater system along Park Rd. 22. Water service will be provided by Nueces County Water Control and Improvement District No. 4 with a 20 inch transmission line along SH 361. • Transportation: The proposed mixed residential development of this property could generate approximately 2,000 vehicle trip ends per day. The subject property is located on Zahn Rd. which ,s a collector street and connects to State Highway 361, a designated major arterial roadway in the urban Transportation Plan. • Comprehensive Plan and Land Use Compatibility: The future land use map recommends mixed use tourist for the subject property. The zone change request is consistent with the future land use map and will provide a unique residential community surrounded by city and county park amenities. ono L Street Type State Highway 361 Highway Zahn Rd. Collector Paved Section 400 -foot right -of -way with a 54 -foot paved section 60 -foot right -of -way with a variable pavement width of 25 ft. Volume (2001) 5,320 NA The plat is being processed as a companion to the zoning case. Department Comments • The proposed Planned L. nit Development (PUD) provides for the best opportunity to create a successful mixed use project. The PUD allows for variation and flexibility from the existing development requirements. Please see excerpts from the Mustang —Padre Island Area Development Plan concerning PUD's and mixed use developments below: • POLICY STATEMENT B.10 from the Mustang —Padre Island Area Development Plan The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non- residential uses. Development objectives for the Mixed Use :categories are to incorporate the latest design innovations, the highest quality construction, integrated land uses, a safe and efficient transportation network, and pedestrian and bicycle amenities. A "Mixed Use" area should be developed using a Planned Unit Development (PUD) zoning district or other equivalent zoning category. A) Mixed use /residential — A high percentage of land designated for Mixed Use Residential should he developed for residential purposes. Low intensity neighborhood serving business may also be appropriate (no more than 10% of the area). Clustering of development density with large setbacks or permanent reserves of open space may also be acceptable in combination with high intensity uses, provided high intensity uses are integrated into the surrounding neighborhood and any negative impacts are eliminated or mitigated. By Mixed use /tourist [he mixed use tourist land use is characterized by high density residential and high density business uses. High density business uses may range in character between either serving the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas /vessel repair and maintenance, convention facilities, ancillary commercial uses, etc. Approval of the Planned Unit Development 2 Overlay (PUD -2) subject to the approval (it the attached plat and the attached "The Preserve at Mustang Island" PUD Development Plan. c C «� C E E os c o teu Approval of the Planned Unit Development -2 Overlay (PUD -2) subject to the approval of the plat and the revised "The Preserve at Mustang Island" PUD Development Plan. E '7—, r Notices Mailed - 2 Favor - 0 Opposition - 0 (As of January 31, 2007 , Attachments: Zoning Map Subdivision Plat "The Preserve at Mustang Island" Development Plan FR /IO NUECES COUNTY PROPERTY ZAHN RD. GRANADA ST. AT/I0 �-�- WINDWARD DR. NK 2TNOV06 Case Z1206-04 Notice Map -R !=amt Rural District RE Residential Estelle District RA One Family DwSMNg District R to One Famiy Dwelling Distract R -18 Ors Family Duelling District P IC Ors Family Dwelling District R• 1H Townhouse Dwelling District 8.1 Multiple Dwelling Distnct 7, iA Trawl Trailer Park District T,'8 Manufactured Noma Park District T -+C Manufactured Home Subdivision District A - Apartment House District A. IA Apartment Hour Distract A.2 Apartment House District AT Apartment- Tourist Distnct A8 Professional Office District 8-1 Neighborhood Business District 8-1A Neighborhood BuaiMN District 8-2A Barrier Island Business District 8-2 Bayfront Business District 80 Corpus Christi Beach Design District 8-3 Business District 8-4 Generel Business District 8-5 Primary Business District 8-6 Primary Business Core District • Limited Industrial District 1-2 Light Industrial District 1-3 Heavy Industrial District SP Special Permit PUD Planned Unit Dswlopment HC Historical-Cultural Landmark Preservation 0 600 1200 Feet METES AND BOUNDS 88.454 ACRE TRACT From the POINT OF BEGINNING; Thence, S 18° 33' 35' W for a distance of 203.13 feet to a point on a line. Thence, S 19° 59' 42'° W for a distance of 134.34 feet to a point on a line. Thence, S 27° 08' 05" W for a distance of 453.30 feet to a point on a line. Thence, S 28° 45' 55" W for a distance of 502.78 feet to a point on a line. Thence, N 58° 22' 24" W for a distance of 2024.62 feet to a point on a line. Thence, N 31° 37' 36" E for a distance of 2000.80 feet to a point on a line. Thence, S 58° 22' 24" E for a distance of 1782.29 feet to a point on a line. Thence, S 25° 48' 53" W for a distance of 175.86 feet to a point on a line. Thence, S 24° 24' 22" W for a distance of 174.64 feet to a point on a line. Thence, S 21° 59' 58" W for a distance of 186.57 feet to a point on a line. Thence S 20° 05' 57" W a distance of 188.96 feet to the POINT OF BEGINNING; Containing 3853076.27 square feet lop -0Y PLANNED UNIT DEVELOPMENT The Preserve at Mustang Island PREPARED FOR The Preserve at Mustang Island, L.L.C., A Delaware Limited Liability Company JANUARY 2007 I. General Development Requirements: A. Permitted Uses: The existing zoning for the property is A -T and shall govern unless otherwise stated within this PUD document. The following uses will be permitted within the PUD -2 development: 1. Single Family structures will be located on specified lots. 2. Multifamily structures will be located on specified lots. 3. Recreational and Retail structures will be located on specified lot. Retail uses shall consist of personal service uses and retail. 4. Open Spaces will be vegetated and accessible to the residents. 5. Multiuse Lot will include the ability to be used for single family, multifamily, and parking to support the multi family or recreation/ retail lot. The lots at the Northeast corner of the PUD which have a no improvement line at the rear of the lots as shown on Exhibit B is to limit disturbance of the dunes in the area beyond this line to the 350 ft Vegetation Line. B. Lot Requirements: The development of the property will comply with the following: 1. Single Family Lots: a. Lot Size: i . Minimum - 4,000 sq. ft. ii. Maximum - Unlimited b. Front Yard: For all structures fronting the private drive shall be setback a minimum of ten (10) feet unless otherwise shown on following Exhibits. i For all structures fronting the private access drive shall be setback a minimum of five (5) feet unless otherwise shown on following Exhibits. c. Side Yard: r . Typical minimum setback of five (5) feet for all structures unless otherwise shown on following Exhibits. :1. For those structures which have a side yard adjacent to the private drive the minimum setback shall be ten (10) feet for all structures unless otherwise shown on following Exhibits. d. Rear Yard: Minimum setback of five (5) feet for all structures unless otherwise shown on following Exhibits. e. Decks: On Grade - shall be allowed to go up to the rear or front property line. 11. Elevated - shall not go beyond the Building Line. Multifamily Lots: a. Lot Size: Minimum -• 10,000 sq. ft. 11. Maximum - Unlimited b. Yard Adjacent to Private Drive: i Minimum setback of ten (10) feet for all structures unless otherwise shown on following Exhibits. c. Yard Adjacent to Access Drive: Minimum setback of five (5) feet for all structures unless otherwise shown on following Exhibits. d. Yard Adjacent to Open Area. Minimum setback of ten (10) feet for all structures unless otherwise shown on following Exhibits. e. Yard Exception: i The setback requirement shall be in accordance with existing A -T zoning standards when abutting a Single family lot. f'. Structure Height: Maximum Height shall be determined by the Floor to Area Ratio (FAR ) of 3-1. (Parking area not included in area). g. Decks: On Grade - shall be allowed to go up to the rear or front property line. Elevated - shall not go beyond the Building Line. 3. Recreational & Retail Lot: a. Yard Adjacent to Private Drive: 1 Minimum setback of ten (10) feet for all structures. b. Yard Adjacent to Single - family lots: 1 Minimum setback of ten (10) feet for all structures. c. Yard Adjacent to Multi- family lots: Minimum setback of ten (10) feet for all structures. 4. Open Area Lots: a. Lot Size: Minimum - 100 sq. ft. ii. Maximum - Unlimited b. Maintenance i Shall be provided by the Home Owners Association. 5. Multiuse Lots: a. Lot Size: Minimum -- shall follow the above requirements listed for the specified use. Maximum - Shall follow the above requirements listed for the specified use. iii. Parking will follow the lot requirements for the multifamily lots except lot size minimum of 7,000 sq. ft. Parking and Garages: 1 Private Drive: a. Parking: No parking zones will be in areas shown in Exhibit G. b. Garages: . Garage door openings parallel to the alley will have a 20' setback. i. Garage door openings at a 90 degree angle to the alley will have 5' setback. 2. Private Access Drives: a. Parking: I, No parking will be allowed along the private access drives as shown in Exhibit G. h. Garages: Garage parallel to the alley will have a 20' setback. u. Garage at a 90 degree angle to the alley will have 5' setback. 3. Single Family Lots: a. Parking: t Two (2) parking spaces shall be allowed within the lot. b. Garage Requirements: a Shall follow the above requirements listed. 4. Multifamily Lots: a. Parking: All parking will be self - contained off street parking in accordance with existing Zoning Standards with a 10% reduction. (Example: one (1) bedroom = 1.3 parking spaces, two (2) bedroom = 1.8 parking spaces, etc.) b. Garage Requirements: 1 Shall follow the above requirements listed. 5. Multiuse Lots: a. Parking: Shall follow the above requirements listed for the specified use. b. Garage Requirements: 1 Shall follow the above requirements listed for the specified use. D. Development Phasing: 1. Phase 1: a. Single Family Lots - 102 b. Multifamily Lots - 2 c. Recreational & Retail Lot - 1 d. Construction shall commence within 1 year of Zoning Change approval. 2 Phase 2: a. Single Family Lots — 34 b. Multifamily Lots -- 5 c. Construction is contingent upon several conditions including Corps of Engineers permitting, marketing strategies, property sales, etc. and is expected to begin within 5 years of Zoning Change approval. d. The lot adjacent to Zahn Rd. at the Southwest corner will be contingent on the easement closure by City Council. 250 125 250 500 VEMENTR D THIS UN 'T4 4111111111 GRAPHIC SCALE IN FEET 1•111 SINGLE FAMILY LOTS MULTIFAMILY LOTS MULTIUSE LOT OPEN AREA LOTS RECREATIONAL & RETAIL LOTS PRIVATE & ACCESS DRIVE - PHASE 1 LIMITS ---- PHASE 2 LIMITS. NAISMITH ENGINEERING, INC. DIGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CHRISTI. TEXAS LAYOUT OF LOTS THE PRESERVE AT MUSTANG ISLAND P.U.D. Ter Or: b • el COT bd. A ▪ no, 01/2007 I D06- 0 SINGLE FAMILY LOTS MULTIFAMILY LOTS MULTIUSE LOT OPEN AREA LOTS RECREATIONAL & RETAIL LOTS PRIVATE & ACCESS DRIVE NO PARKING AREAS VEHICLE ACCESS WIDTH = 38 FT NAISMITH ENGINEERING, INC. EGINEERING • ENVII +MENTAL • SURVEYING CORPUS CBNbSl7. TEXAS NO PARKING LAYOUT THE PRESERVE AT MUSTANG ISLAND P.U.D. a 06 - o&{ Iryi, 1 001 400” R.O.W. II J � `' CIO w {mac , 1R ►c. , e .,, ,...v„ . 1 Inl "', err ; ��.► �� „1lf/ •d .� J� :!t�► l r .. I� 11, [ , s , r � rlr r � .;- "l � At ^� 11`► . tt!JA � J J' ` :riff< , � t .+ - � r ' u \ if fie ;44)).-•-#7: ► � �j -,� :.oll .1 .., v�V Ar /i 1 , ittlitittlit;/*K r yr Y .: �1. .�: ` {r` ` ! 1 ��_ mod' ..�.t <ltfi/ �_ • a r i� � — �Jrl�1 it I£ ,JF TEXAS +§ "s4e §6IiI t+ F F il IN i 1 fl a' i 1: #l; ill iF i 'I 1$ {tt 1: iE�l fi 9f i I, iE i ;i 110 fi t! 11.1 irl 1 " fi if: ti h. iffi F 1111111111111111/111w lIIIlnnl IIunn1111111111111ItIIII IIn111 111111 I1III I,1 :1111 It I Ill IIICI11111111111111111111111I 11 ,n 1x,1 .1111.. 11 t,, , 111i 1111. 1 I, „11 1111... 1„„„„„,!,,,,, I11 ,If111I1111! 1 IHIII'I {11111111111111.I IIIIIIHU11111i.ili sll1it 1111111UIHIi IIIIIi1f11111111111IliiIl 11 i q. a 111, 1 1 111 11. 1111111 ,11111t 11111 Illt I _ 111 Ills t 011;11! tllliii :IIIIIIl11111111I -- -- 11 11. ,111/111111111.. lnunl,ttlnll 1 , -llls , RI' II1III P111111111111I1111III1111 1111111111111111111iui1111 111111111111111111Ii11111111111 11111111 ,aob -oq MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — January 10, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Milano J. Huerta I:von J. Kelly Johnny R. Martinez James Skrobarczyk John C. Tamez COMMISSIONERS ABSENT: Fred Braseiton Michael Pusiev IV. PLANNED UNIT DEVELOPMENT STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Mary Frances Teniente, PE, Assistant Director of Development Services/ Special Services Miguel S. Saldana, AICP, Senior City Planner Daniel McGinn, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary Tabled Planned Unit Development a. Case No. 1206 -04 The Preserve at Mustang Island: A change of zoning from an "A -T" Apartment District to an "A- T " / "PUD -2" Apartment Tourist District w/Planned Unit Development -2 Overlay 88.5 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island. Dan McGinn presented the above Planned Unit Development request for a mixed use development containing 136 single family lots, seven (7) multi family lots and one (1) lot for a community recreational building. The subject property is currently vacant and is located north of Zahn Road and adjacent to the Packer) Channel. The area south of Zahn Road is being developed as a public park with the property to the west consisting of wetlands not to be developed. Due to the reduced etbacks and the mixed use for this development, the PUD is the best classification for this project which will be done in two (2 > phases. Staff is recommending the following revisions to the "The Preserve at Mustang Island" Development Plan: 1. Section I. C Parking and Garages : Staff is requiring that parking be allowed on only one side of the main access road to allow 20 feet of unimpeded travel lanes for commuter and emergency vehicles. Buildings that are sprinkled and over 15,000 sq. ft. require a 20 foot fire department access road to the structure. The development of the multi family and recreation :'tanning Commission Minutes anuary 10, 2007 "ae 5 lots will trigger the need for a fire department access road. The fire department has reviewed a proposed parking layout of staggering the parking from one side to the other with at least 30 feet separating the no parking zones and finds it acceptable. (The applicant is working on the finalized version of this parking layout and approval of the Development Plan will be contingent on the Fire Dept review and acceptance.) (Exhibit G: No Parking Layout -will need to be adjusted in the approved Development Plan to show additional areas for no parking zones) 2. I.0 Parking and Garages: Staff is recommending the addition of door openings to the Garages section under Private Drive and Private Access Drive. b. Garages: i. Garage door openings parallel to the alley will have a 20' setback. ii. Garage door openings at a 90 degree angle to the alley will have a 5' setback. 3. I. D Development Phasing: Phase :2. Lot 8 adjacent to Zahn Rd. will be contingent on the easement closure by City Council. Additional Conditions to be added to the "The Preserve at Mustang Island" Development Plan: Land Uses: Permitted uses on lot 13, block 6 and lot 1, block 8 will include single family, multi family, and parking to support the multi family or recreation/ retail lot. (These lots will he identified as multi family lots on the final Development Plan) Retail Uses: Retail uses are permitted 011 the designated lot identified in the "The Preserve at Mustang Island" PUI) Development Plan. The uses shall consist of personal service uses and retail. 3 Time Limit: Construction of the subdivision project shall commence within one (1) year from the approved ordinance date of the "PUD -2" Overlay and construction shall be completed within three (3) years from the approved ordinance date of the "PUD -2" Overlay , or the "PUD -2" expires. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed. Motion for approval of planned unit development was made by Vice - chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Braselton and Pusley being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE PRESERVE AT MUSTANG ISLAND, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 88.45 ACRES OUT OF THE BRYAN WILLIAM SURVEY NO. 606, LS 64, FROM "AT" APARTMENT TOURIST DISTRICT TO A "AT /PUD 2" APARTMENT TOURIST DISTRICT WITH A PLANNED UNIT DEVELOPMENT 2 OVERLAY; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of The Preserve at Mustang Island, LLC, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 10, 2007, during a meeting of the Planning Commission,.and on Tuesday, February 13, 2007, 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 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: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 88.45 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island from "AT" Apartment Tourist District to "AT/ PUD 2" Apartment Tourist District with a Planned Unit Development 2 Overlay. (Zoning Map 028027) (Exhibit) SECTION 2. That the Planned Unit Development 2 granted in Section 1 of this Ordinance is subject to the approved plat and "The Preserve at Mustang Island Development Plan (attachment) SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, Page 2 of 3 except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance 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. That 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. 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 upon first reading as an emergency measure on this 13th day of February, 2007, ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: February 8, 2007 ItrinviA- G Smith Assistant City Attorney For City Attorney F, \LEG -DIR\ Shared \GaryS\agenda12007\2 -13 •1 206- 04Zoning- Preserve PUD.doc Page 3 of 3 Corpus Christi, Texas day of , 2007 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, 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\agenda12007\2 - 3\1206- 04Zoning- Preserve PUD.doc METES AND BOUNDS 88.454 ACRE TRACT From the POINT OF BEGINNING; Thence, S 18° 33' 35" W for a distance of 203.13 feet to a point on a line. Thence, S 19° 59' 42" W for a distance of 134.34 feet to a point on a line. Thence, S 27° 08' 05" W for a distance of 453.30 feet to a point on a line. Thence, S 28° 45' 55" W for a distance of 502.78 feet to a point on a line. Thence, N 58° 22' 24" W for a distance of 2024.62 feet to a point on a line. Thence, N 31° 37' 36" E for a distance of 2000.80 feet to a point on a line. Thence, S 58° 22' 24" E for a distance of 1782.29 feet to a point on a line. Thence, S 25° 48' 53" W for a distance of 175.86 feet to a point on a line. Thence, S 24° 24' 22" W for a distance of 174.64 feet to a point on a line. Thence, S 21° 59' 58" W for a distance of 186.57 feet to a point on a line. Thence S 20° 05' 57" W a distance of 188.96 feet to the POINT OF BEGINNING; Containing 3853076.27 square feet pavo r4 111111111111IIIIIIH1 11111111 ''I1I111H11i1111p11111111tl111 i111ii.111:I I. ±z r1Ftfl 111ttt1t 11(1111 ^011s?I1I1II itlltil:lltl i�t -t'. 111it11.tttt•t1 .I, tIuII tl 1 =ltt, (Sill' 111ih fl i{i1i11 - t11:��i1ti61Ya� =t: al "1111 II °111111111i1r!1 k111111.11 'Willi '1.11,11 <Yn!t•i'11: " �1 1.11,1 1{11 {k ?^Ii11.i :11 :11 1 - 711111{ 1111, 1'1!? 1111111 =111 - .111111! "C lill�l 1!-r11 rit111111111111111Ii11I1 '11111111+ :111111111111111111111111111111 Gfti 4. ,/, t�8kiv..,1 zl_ ter./ ant , 1; "1 tr te M 1 1 PLANNED UNIT DEVELOPMENT The Preserve at Mustang Island PREPARED FOR The Preserve at Mustang Island, L.L.C., A Delaware Limited Liability Company JANUARY 2007 Planned Unit Development The Preserve at Mustang Island Table of Contents I. General Property Requirements II. Exhibits: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Aerial Layout of Property Layout of Lots Typical Single Family Lots Typical Beachfront Hammerhead Detail of Central Lots Typical Cross Sections No Parking Layout I. General Development Requirements: A. Permitted Uses: The existing zoning for the property is A -T and shall govern unless otherwise stated within this PUD document. The following uses will be permitted within the PUD -2 development: 1. Single Family structures will be located on specified lots. 2. Multifamily structures will be located on specified lots. 3. Recreational and Retail structures will be located on specified lot. Retail uses shall consist of personal service uses and retail. 4. Open Spaces will be vegetated and accessible to the residents. 5. Multiuse Lot will include the ability to be used for single family, multifamily, and parking to support the multi family or recreation/ retail lot. The lots at the Northeast corner of the PUD which have a no improvement line at the rear of the lots as shown on Exhibit B is to limit disturbance of the dunes in the area beyond this line to the 350 ft Vegetation Line. B. Lot Requirements: The development of the property will comply with the following: 1 Single Family Lots: a. Lot Size: i. Minimum - 4,000 sq. ft. ii. Maximum - Unlimited b. Front Yard i. For all structures fronting the private drive shall be setback a minimum of ten (10) feet unless otherwise shown on following Exhibits ii. For all structures fronting the private access drive shall be setback a minimum of five (5) feet unless otherwise shown on following Exhibits. c Side Yard: i. Typical minimum setback of five (5) feet for all structures unless otherwise shown on following Exhibits. ii. For those structures which have a side yard adjacent to the private drive the minimum setback shall be ten (10) feet for all structures unless otherwise shown on following Exhibits. d. Rear Yard i. Minimum setback of five (5) feet for all structures unless otherwise shown on following Exhibits. e. Decks: i. On Grade - shall be allowed to go up to the rear or front property line. ii. Elevated - shall not go beyond the Building Line. 2. Multifamily Lots: a. Lot Size: Minimum - 10,000 sq. ft. ii. Maximum - Unlimited b. Yard Adjacent to Private Drive: . Minimum setback of ten (10) feet for all structures unless otherwise shown on following Exhibits. c. Yard Adjacent to Access Drive: I. Minimum setback of five (5) feet for all structures unless otherwise shown on following Exhibits. d. Yard Adjacent to Open Area: i. Minimum setback of ten (10) feet for all structures unless otherwise shown on following Exhibits. e. Yard Exception: i. The setback requirement shall be in accordance with existing A -T zoning standards when abutting a Single family lot. f. Structure Height 1. Maximum Height shall be determined by the Floor to Area Ratio (FAR) of 3.1. (Parking area not included in area). g. Decks: i. On Grade - shall be allowed to go up to the rear or front property line. ii. Elevated - shall not go beyond the Building Line. 3 Recreational & Retail Lot: a. Yard Adjacent to Private Drive: i. Minimum setback of ten (10) feet for all structures. b. Yard Adjacent to Single - family lots: i. Minimum setback of ten (10) feet for all structures. c. Yard Adjacent to Multi- family lots: i. Minimum setback of ten (10) feet for all structures. 4. Open Area Lots: a Lot Size: i. Minimum - 100 sq. ft. ii. Maximum - Unlimited b. Maintenance: i. Shall be provided by the Home Owners Association. 5. Multiuse Lots: a. Lot Size: i. Minimum - shall follow the above requirements listed for the specified use. ii. Maximum - Shall follow the above requirements listed for the specified use. iii. Parking will follow the lot requirements for the multifamily lots except lot size minimum of 7,000 sq. ft. (`. Parking and Garages: l . Private Drive: a. Parking: No parking zones will be in areas shown in Exhibit G. b. Garages: Garage door openings parallel to the alley will have a 20' setback. i. Garage door openings at a 90 degree angle to the alley will have 5' setback. 2. Private Access Drives: a. Parking: i, No parking will be allowed along the private access drives as shown in Exhibit G b. Garages: I. Garage parallel to the alley will have a 20' setback. ii. Garage at a 90 degree angle to the alley will have 5' setback. 3. Single Family Lots. a. Parking: i. Two (2) parking spaces shall be allowed within the lot. b. Garage Requirements: i. Shall follow the above requirements listed. 4. Multifamily Lots: a. Parking: i. All parking will be self - contained off street parking in accordance with existing Zoning Standards with a 10% reduction. (Example: one (1) bedroom = 1.3 parking spaces, two (2) bedroom = 1.8 parking spaces, etc.) b. Garage Requirements: i. Shall follow the above requirements listed. 5 Multiuse Lots: a. Parking: i. Shall follow the above requirements listed for the specified use. b. Garage Requirements: i. Shall follow the above requirements listed for the specified use. D. Development Phasing: 1. Phase 1 a. Single Family Lots — 102 b. Multifamily Lots — 2 c..Recreational & Retail Lot - 1 d. Construction shall commence within 1 year of Zoning Change approval. 2 Phase 2 a. Single Family Lots - 34 b. Multifamily Lots - 5 c. Construction is contingent upon several conditions including Corps of Engineers permitting, marketing strategies, property sales, etc. and is expected to begin within 5 years of Zoning Change approval. d. The lot adjacent to Zahn Rd. at the Southwest corner will be contingent on the easement closure by City Council. II. EXHIBITS: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Aerial Layout of Property Layout of Lots Typical Single Family Lots Typical Beachfront Hammerhead Typical Central Lots Typical Cross Sections No Parking Layout c I :1 11 11 41 . ,..., , . '';',".;,; ..., ' • '' '.';'''r:-7.,li,:-;•-•'• 44,44,`,..'''. - ..- .. -., ... e . ... . .... ., 41/4 . , IIIUII a .. , - ' i7.11tra,-,i Ills* a°,11111:AilIllor 14` 717.111i1Iiioln: ' • . ,. ... • .:',.. i * ' L.1.11111111= $4-- . , !I V .. .,.. - -, 41 * .. raillililillt, V. C.3 1 r■ MII t - , 4 -; 3111111;12'::' re= =I'll , " •z so ,••1111, :: 1 "g. .. i .! . .%:. . r ‘I.f. 4 1 °k' '. 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ONOA38 03M01"V 38 ?lIM SLNT1/13AO8dIN1 ON '31.ON rn u 0 0 0 rn 0 z MOMS 383HMONV 3 3NIl NO11V1303 11; Ilf 11 _AN •Ple. mil NI .„ mew IP* *4 NI�a z rn goo �N 1333 NI 31V3S 3IHdV80 0 8 0 8 All "an Net FOR w AMR aerrtfultko, IllIddens, or Permit moor a.w 1461 SSW mo Oft 01/200 Dram y 10T Mahal IN Mamma N 47f 0.M N Saw ow. : 01/7007 w,ee. • \L1 NAISMITH ENGINEERING, INC. ENGINEERING • INVTRONIRNTAL • SURVEYING cNlW =In TINY LAYOUT OF LOTS THE PRESERVE AT MUSTANG ISLAND P.U.D. Oo . fie. EID'MR R Sheet Of NOTE: MINIMUM DISTANCE BETWEEN BUILDING ENVELOPES IS 10 FT (TYPICAL) SINGLE FAMILY BUILDING ENVELOPE OPEN AREA LOT B L BUILDING LINE 50 25 0 50 100 GRAPHIC SCALE R4 FEET NAISMITH ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CURISII. TEXAS TYPICAL SINGLE FAMILY LOTS THE PRESERVE AT MUSTANG ISLAND P.U.D. m 1I 1A 10 FT. B.L. 10 FT. B.L. NOTE: MINIMUM DISTANCE BETWEEN BUILDING ENVELOPES IS 10 FT (TYPICAL) 10 FT. B.L. 10 FT. B.L 7-1 SINGLE FAMILY BUILDING ENVELOPE OPEN AREA LOT B.L BUILDING LINE 50 25 0 50 100 MEM 11.11. GRAPHIC SCALE IN FEET NAISMITH ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CEIUSTI. TBLS TYPICAL BEACHFRONT HAMMERHEAD THE PRESERVE AT MUSTANG ISLAND P.U.D. a 1131 rs COT AS SHOWN �•► "� DCNB(T D °411"11. COT "" "' 7151 01/2007 —. 0 i NOTE MINIMUM DISTANCE BETWEEN BUILDING ENVELOPES IS 10 FT (TYPICAL, SINGLE FAMILY BUILDING ENVELOPE MULTIFAMILY BUILDING ENVELOPE MULTIUSE ENVELOPE RECREATIONAL & RETAIL ENVELOPE OPEN AREA LOT BL. BUILDING LINE gkEPHIc 50 0 50 100 NAISMITH ENGINEERING, INC. ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CHRISTI, TEXAS TYPICAL DETAIL OF CENTRAL LOTS THE PRESERVE AT MUSTANG ISLAND P.U.D. .—l. TBT cuar 1p CHT 41P. IV 03T ".‘ 7151 AS SHOSTLFZ: EICHISITEH E 01/2007 0 W JL 33VdS N3d0 ,OS IV3IdAl z rr FOR %MK .MIApr NOM& or Poe* popgun ov IR MOW at • Cff Muoo$ 1.. road t* : fat sow a.s COO O.. . Ot/af. OM.: Of /7007 hoiden Mil NAISMITH ENGINEERING, INC. ENGINEERING • ENV000M10 NTAL • SURVEYING roves =M. Taff TYPICAL CROSS SECTIONS THE PRESERVE AT MUSTANG ISLAND P.U.D. 0q. N.. COMM V Shoot of 0 `INOLLV13J rn s at Roomi „„ Nat mow 111 MI IIII 11.1 11111 ..11 00 ots C-46"; m 1 0 z z m —■Aaa. 101 3snillnw on cmi m D z mDD m 3; yOD 2 0 >0 N 40 M � m4- r O 31V3S DIH, 1] 0 0 0 0 0 NOE 0.1� EEOYy, w r wn wn1 • ..E: PW. ay w.rw: Q PR.: 01/2007 la NAISMITH ENGINEERING, INC. ENGINEERING • EeVUONMENTu, • SURVEYING coon own MS NO PARKING LAYOUT THE PRESERVE AT MUSTANG ISLAND P.U.D. Wy N0. E]OOR 9 9'..E ac 22 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 02/13/07) Caw No. 1206 -05, The Preserve at Mustang Island: A change of zoning from an AT" ;Apartment Tourist District to a "B -2A" Barrier Island Business District on property being 6.39 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island. PIaanine commission & Staff Recommendation (01/10/07): Approval of the "B -2A" Barrier Island Business District. Reasiested Council Action: Approval of the "B -2A" Barrier Island Business District. Summary: Request: The applicant has requested a change of zoning to a "B -2A" Barrier Island Business District from the "AT" Apartment Tourist District. The intended use of the property has not been determined at this time. The applicant feels that the "B -2A" will accommodate any potential commercial development in the future. • Existing Land Use: The property is currently vacant and sits at the corner of SH 361 and Zahn Rd (Beach Access Rd). The area south of Zahn Rd. is currently being developed as a public park by the City of Corpus Christi. The applicant owns the adjacent piece of land to the east and north of Zahn Road and plans to develop a mixed use residential community. Across State Highway 361 and to the west is land that is owned by the state and is predominately wetlands and will not be developed. • Zoning: The 'B -2A" provides for a wide variety of businesses and indoor amusement activities that reflect the character of a barrier island resort area, such as an aquarium, marina, museum, retails stores. offices. restaurants, and personal services. Transportation: The Subject property will have access along Zahn Rd and SH 361. Access points along SH 361 will be determined by TXDOT and wetlands on the property. Utilities: Wastewater 4s not currently available to the property. A lift station and force main will be built along Zahn Rd for the residential project to the east allowing the subject property a connection to that future lift station. Water Sery ice will be provided by Nueces County from a 20 inch transmission line that extends down SH 361. Agenda Memorandum Case No. 1204 -05 (The Preserve al Mustang },land; Page 2 • Comprehensive Plan and Land Use Compatibility: The future land use map recommends mixed use tourist (see definition below in Policy Statement B.10 from the Mustang/Padre Island ADP) for the subject property. The zone change request is consistent with the land use map and will provide a domplementary use adjacent to the future residential subdivision and Packery Channel park areas. Please see excerpts from the Mustang - -Padre Island Area Development Plan below concerning the subject property area, indicating the project's consistency with the ADP: POLICY STATEMENT B.10 B) Mixed use /tourist —'T'he mixed use tourist land use is characterized by high density residential and high density business uses. High density business uses may range in character between either serving the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas vessel repair and maintenance, convention facilities, ancillary commercial uses etc. POLICY STATEMENT B.27 Nrea north of Zahn Road and east of State Highway 361 extending to the County -owned parkland is planned for high - density mixed -use tourist land uses. This low -lying area has a significant amount of wetlands, which may make it difficult to develop. However, it will have excellent access to the Packery Channel and adjacent commercial areas. Due to its proximity to the proposed visitor - oriented activities along Packery Channel. the area is suitable for commercial beach support activities, such as restaurants, surf shops, etc. Noti*ation: Of the two (2) notices mailed to the surrounding property owners, zero (0) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. MG /FGMiblp Attachments: 1 Zoning Report 2 Zoning Map 3) Metes and Bounds 4) Planning Commission Minutes (01/10/07) 5 ) Ordinance l- 'PIN- D(R'.SHARED\Beveriv\2007 ('01207 -0; \GFNDAMEMO (loc. Deborah A. Marroquin, P.E. Interim Director of Development Services CITY COUNCIL ZONING REPORT Case No. 1206 -05 City Council Hearing Date: February 13, 2007 Applicant: The Preserve at Mustang Island LLC. Owner: Same as applicant Agent: Naismith Engineering (Craig Thompson) Legal Description/Location: 6.39 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island. WO From: "AT" Apartment Tourist District 1 21 o" N CC g To: "B -2A" Barrier Island Business District Area: 6.39 acres Purpose of Request: Future commercial project site. Zoning Existing Land Use Site North South k_ East West "AT" "AT, "AT/ 1O" "F -R" Undeveloped land Undeveloped land Future Land Use Mixed —use tourist Mixed -use tourist Park (Packery Channel) Park/ Public Undeveloped land Mixed -use tourist Wetlands/ Undeveloped Wetlands/ Conservation Area Development Plan: the Mustang -Padre Island Area Development Plan's (ADP) adopted future land use map recommends mixed use tourism for the site. The "B -2A" Barrier Island Business district is consistent with the Plan's recommended land use. Map No.: 028027 Zoning Violations: None Zoning Report Case No 1206 -05 (The Preserve at Mustang island) Page 2 Staff's Summary • Request: The applicant has requested a change of zoning to a "B -2A" Barrier Island Business District from the "AT" Apartment Tourist District. The intended use of the property has not been determined at this time. The applicant feels that the "B -2A" will accommodate any potential commercial development in the future. • Existing Land Use: the property is currently vacant and sits at the corner of SH 361 and Zahn Rd (Beach Access Rd). The area south of Zahn Rd. is currently being developed as a public park by the City of Corpus Christi. The applicant owns the adjacent piece of land to the east and north of Zahn Road and plans to develop a mixed use residential community. Across State Highway 361 and to the west is land that is owned by the state and is predominately wetlands and will not be developed. • Zoning: The 'B -2A" provides for a wide variety of businesses and indoor amusement activities that reflect the character of a barrier island resort area, such as an aquarium, marina, museum, retails stores, offices, restaurants, and personal services. Transportation: The subject property will have access along Zahn Rd and SH 361. Access points along SH 361 will be determined by TXDOT and wetlands on the property. Utilities: Wastewater is not currently available to the property. A lift station and force main will be built along Zahn Rd for the residential project to the east allowing the subject property a connection to that future lift station. Water service will be provided by Nueces County from a 20 inch transmission line that extends down SH 361. Comprehensive Plan and Land Use Compatibility: The future land use map recommends mixed use tourist (see definition below in Policy Statement B.10 from the Mustang/Padre Island ADP) for the subject property. The zone change request is consistent with the land use map and will provide a complementary use adjacent to the future residential subdivision and Packery Channel park areas. Please see excerpts from the Mustang -Padre Island Area Development Plan below concerning the subject property area, indicating the project's consistency with the ADP: POLICY STATEMENT B.10 B) Mixed use /tourist - The mixed use tourist land use is characterized by high density residential and high density business uses. High density business uses may range in character between either serving the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas /vessel repair and maintenance, convention facilities, ancillary commercial uses, etc. POLICY STATEMENT 8.27 Area north of Zahn Road and east of State Highway 361 extending to the County-owned parkland is planned for high - density mixed -use tourist land uses. This low -lying area has a significant amount of wetlands, which may make it difficult to develop. However, it will have excellent access to the Packery Channel and adjacent commercial areas. Due to its proximity to the proposed visitor - oriented activities along Packery Channel, the area is suitable for commercial beach support activities, such as restaurants, surf shops, etc. Zoning Report Ca,i No ;206 -05 The Preset-%e at Mustang Island) Page 3 Street R.O.W Street State Highway 361 Type Paved Section Highway 4- Volume (2001) 400 -foot right -of -way with a 54 -foot paved section 5,320 Zahn Rd Collector 60 -foot right -of -way with a variable pavement width of 25 ft. NA z The property is currently' in the platting process. E x E co The zoning change request is consistent with the future land map and meets the policies set out in the Mustang Padre Island Area Development Plan for the future development of that intersection. Approval of the "B -2A" Barrier Island Business District Recommendation Approval of the 'B -2A" Barrier Island Business District Z 5 / i Notices Mailed —2 Favor -- 0 E t i Opposition - 0 v ag (As of January 31, 2007) i Attachment: Zoning Map NUECES COUNTY PROPERTY SUBJECT PARCEL ZAHN RD. GRANADA ST. AT/I0 WINDWARD DR. HK 27NOV06 -R •am Rural District RE Raidantiai EatMe District RA One Family Dwelling District 0-1A One Family Dwelling District 0-1B One Family Dwelling District R. IC Ose Family Dwelling District Case Z1206 -05 R TH Townhouse 3w.iling District R -2 Multiple Ow.ging Detect 1 to Travel Trader Park District T 18 Manufactured Hams Park District IC Manufactured Home Subdivision Distinct A -1 Apartment House District A to Apart n.m House District A -2 Apartment Haues District AT Apartment- Tourist District AB Professional Office District Notice Map 8-1 Naighbat ood Business District 8-1A Neighborhood Business District 8-2A Barrier Island Business District 8-2 Bayhont Business District 8D Corpus Christi Basch Design District 8-3 Business District 84 General Business District 8-5 Primary Bushlike* District BS Primary Busin..S Core District ii1 Limited Industrial District 42 Light Industrial District 1-3 Navy Industrial District SP Special Permit KID Planned Unit D.vMopmant HC Historical-Cultural Landmark Preservation 0 600 1,200 Feet METES AND BOUNDS 6.399 ACRE TRACT From the Point of Beginning at a location of N 17117743.376 E 1401942.480. Thence, N 30° 18' 08" E for a distance of 568.54 feet to a point on a line. Thence, S 58° 22' 23" E for a distance of 150.04 feet to a point on a line. Thence, S 30° 18' 08" W for a distance of 358.48 feet to a point on a line. Thence, S 58° 22' 23" E for a distance of 923.07 feet to a point on a line. Thence, S 310 37' 36" W for a distance of 210.00 feet to a point on a line. Thence N 58° 22' 23" W a distance of 1068.89 feet to the POINT OF BEGINNING; Containing 278750.20 square feet 1010 s MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — January 10, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza, Vice Chairman ktilano J. Huerta F;von J. Kelly ohnny R. Martinez lames Skrobarczyk John C. Tamez COMMISSIONERS ABSENT: Fred Braselton Michael Pusley V ZONING 1. Tabled Zoning Cases a. Case No. 1206 -05 STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Mary Frances Teniente, PE, Assistant Director of Development Services/ Special Services Miguel S. Saldana, AICP, Senior City Planner Daniel McGinn, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary The Preserve at Mustang Island: A change of zoning from an "A -T" Apartment Tourist District to a "B -2A" Barrier Island Business District 6.39 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island Dan McGinn presented the above case which is located in the same vicinity as Case No. 206 -04 consisting of 6.39 acres for the development of a commercial site. The existing land use is adjacent to the proposed mixed use residential project and the applicant is proposing a "B -2A" Barrier Island Business District with the intended use not determined at this time. Staff recommends appro■ al. [n answer to Commissioner Huerta, Mr. McGinn stated that TxDOT will be reviewing the traffic but access will. in all probability, he from Zahn Road. Public hearing was opened. No one was present in favor or opposition. Public hearing was closed Motion for a "B -2A' Barrier Island Business District was made by Commissioner Huerta and seconded by Vice - Chairman Garza. Motion passed unanimously with Commissioners Braselton and Pusley being absent. AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE PRESERVE AT MUSTANG ISLAND, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 6.39 ACRES OUT OF THE BRYAN WILLIAM SURVEY NO. 606, LS 64, FROM "AT" APARTMENT TOURIST DISTRICT TO A "B -2A" BARRIER ISLAND BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of The Preserve at Mustang Island, LLC, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 10, 2007, during a meeting of the Planning Commission, and on Tuesday, February 13, 2007, 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 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: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 6.39 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island from "AT" Apartment Tourist District to "B -2A" Barrier Island Business District. (Zoning Map 028027) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 7. That 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 8. 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 upon first reading as an emergency measure on this 13th day of February, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: February 8, 2007 461" Gary . Smith Assistant City Attorney For City Attorney itU .',LEG -©IR \Shared \GaryS \agenda\2007\2 -- 3 \1206- 05Zoning- Preserve B- 2A.doc Page 3 of 3 Corpus Christi. Texas day of , 2007 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, 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\agenda1200712 - 13\1206- 05Zoning- Preserve B- 2A.doc METES AND BOUNDS 6.399 ACRE TRACT From the Point of Beginning at a location of N 17117743.376 E 1401942.480. Thence, N 30° 18' 08" E for a distance of 568.54 feet to a point on a line. Thence, S 58° 22' 23" E for a distance of 150.04 feet to a point on a line. Thence, S 30° 18' 08" W for a distance of 358.48 feet to a point on a line. Thence, S 58° 22' 23" E for a distance of 923.07 feet to a point on a line. Thence, S 31' 37' 36" W for a distance of 210.00 feet to a point on a line. Thence N 58° 22' 23" W a distance of 1068.89 feet to the POINT OF BEGINNING; Containing 278750.20 square feet I 'b 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by Art Zeitler, of the Rotary Club of Corpus Christi concerning donation of a Town Clock in Heritage Park to honor former members of the local Rotary Club STAFF PRESENTER(S): Name Title /Position Department 1 Sally Gavlik Director Parks & Recreation 2 OUTSIDE PRESENTER(S): Name 1 Art Zeitler 2 ISSUE: N/A Title /Position Organization Rotary Club BACKGROUND: The Rotary Club of Corpus Christi, founded in 1914, has offered to donate a Town Clock for Heritage Park in memory of early club members who provided community leadership exemplifying the Rotary International motto of "Service above Self'. The propose gift was approved by the City's Parks and Recreation Advisory Board on January 10, 2007 and the Landmark commission on January 25, 2007. The Rotary Club has worked closely with the City's Parks and Recreation Department on this project. The 10'9" tall two faced pedestal clock will be located in Heritage Park near the intersection of Chaparral and Resaca. The clock will be a replica of the "Howard style" clocks which were considered premier street clocks in the late 19th and early 20th Century. REQUIRED COUNCIL ACTION: N/A Additional Background X Exhibits Sally Galik, Director Parks a d Recreation HOWARD REPLICA II 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update of Regional Health Awareness Board STAFF PRESENTER(S): Name 1, NA OUTSIDE PRESENTER: Name Dr. James Mobley Title /Position Department Title /Position Chairman Organization Regional Health Awareness Board ISSUE: Provide Mayor and Council with an update of the Regional Health Awareness Board. BACKGROUND: The Board was established in 2003 to ensure that opportunities exist for quality dialogue by citizens of Corpus Christi, Nueces County and San Patricio County on issues impacting health, safety, environment and quality of life. REQUIRED COUNCIL ACTION: No action required C. Lie ) Assistant ity Manager ' 3 5 7 8 25 NO ATTACHMENT FOR THIS ITEM 26 17r LAN wft11 2 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: State Highway (SH) 361 Feasibility Study presented by the Texas Department of Transportation (TxDOT) STAFF PRESENTER(S): Name Title /Position Department 1. Ron Massey Assistant City Manager Public Works /Util OUTSIDE PRESENTER(S): Name Title /Position Organization 1 Mike Walsh Project Engineer TXDOT REQUIRED COUNCIL ACTION: None Ronald F. Massey Assistant City Manager CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: February 13, 2007 AGENDA ITEM: Resolution Increasing Contributions to Corpus Christi Fire Fighters' Retirement System (CCFFRS) by Corpus Christi Fire Fighters and the City of Corpus Christi. ISSUE: The Mayor's Advisory Committee for Corpus Christi Fire fighter's Retirement System met on several occasions over the past 13 months to evaluate possible changes to the Corpus Christi Fire Fighter's Retirements System. This evaluation was undertaken to: • Address the TriData Study Recommendations • Address a systematic approach for dealing with future increases in benefits and contributions • Address the current retiree issue of lack of increases in benefits • Address actuary studies completed by both the Fire Fighters Retirement System and the City of Corpus Christi. POSSIBLE COUNCIL ACT1ON: A. Approval of a proposed increase in the rate of City retirement contributions in Fiscal Year 2006 -2007 from 12.5% to 14.58% contingent upon the following actions: Increased contributions to the Corpus Christi Fire Fighters Retirement System by fire fighters, 2. Approval by the fire fighters to amend the current plan's benefit structure from a departmental average salary basis to an individual average salary basis. J. Continuation of review and reporting by the Fire Fighter's contracted actuary of the current and future financial condition of the Corpus Christi Fire Fighter's Retirement Fund. B. Approval of a Council Resolution setting forth the City's contribution level for the period extending from January 2008 through January 2013. PREVIOUS COUNCIL ACTION: CONCLUSION AND RECOMMENDATION OF THE MAYOR'S ADVISORY COMMITTEE FOR THE CORPUS CHRISTI FIRE FIGHTERS RETIREMENT SYSTEM: It is recommended that the City Manager be authorized to, contingent on the items mentioned under items A. 1, 2 and 3 above, increase the current and future year contributions as set forth in the approved Council Resolution mentioned in item B of this item. �--°'. Oscar R. Martinez Assistant City Manager BACKGROUND INFORMATION In 2005 the TriData Report identified that: a. The current fire fighter pension system is substantially different from the plan offered other city employees, and the city contributions is also less; b. The current plan negatively impacts the department organizationally as all retirees receive the same amount of retirement benefit regardless of rank. Consequently there is little incentive for fire fighters to advance upward in the organization to take on more responsibility, especially those more senior. Those in senior management tend to stay much longer than officers of a similar rank in other departments. d. It appears the current plan encourages members (especially officers) to stay beyond their productive years since the only way to increase one's pension is to stay longer. Having officers stay beyond their productive years makes the organization more stagnant than it would be if they retired earlier. e. The city should study whether an new pension plan is viable financially for uniformed personnel. Any new plan should be comparable to other city employees and provide incremental benefits for individuals or accomplishments (rank or salary) as well as years of service. In December 2005 the Mayor appointed an advisory committee to review and advise the City Council on possible changes to the Corpus Christi Fire Fighters Retirement System. The committee is comprised of Bob White, (Private Citizen/Chairman); Andy Barboza, (Fire Fighter); Buck Sosa (Retired Fire Fighters and Widows Association); Carlos Torres (President Corpus Christi Fire Fighters Association Local 936); John Wilson (Fire Fighter; Lionel Lopez (Retired Fire Fighters Association); and Oscar Martinez (City Stan). The committee met on six occasions over the past 13 months to consider and advise the Mayor and Council on possible changes to the Fire Fighters Retirement System Plan. As a result of the work completed by the advisory committee and review by the Fire Fighter Retirement System actuary firm of Rudd and Wisdom, Inc. and the City's contracted actuary firm of Gabriel, Roeder, Smith and Company the following findings are provided for Council Consideration: 1. City and Fire Fighter contributions to the retirement system are not comparable to similar contributions made for other City employees retirement plan (Attachment A); 2. Corpus Christi Fire Fighter Retirement System contributions are below the average to contributions made in other Texas cities participating in the Texas Local Fire Fighters' Retirement Act (Attachment B); and the top ten most populated cities in Texas (Attachment C); Forty six percent of existing Corpus Christi Fire Fighter retirees have not received an increase in their retirement benefit since their retirement (Attachment D); 4. Without an increase in service retirement benefits formula, retirement benefits will not increase for a number of years and then only small increases will be available. The current benefit schedule of the Corpus Christi Retirement System results in delayed retirement of senior personnel (Attachment E); 5. The current retirement system has been determined to be actuarially sound; 6. An adjustment to retirement contributions to meet the objective of providing an increase in benefits for retirees and alter the current benefit schedule of the plan will require increased contributions by fire fighters and the City (Attachment F); 7. Due to the substantial cost of increasing the retirement contributions the increase should be phased in over a period of time which will require a long term commitment by the Council and staff (Attachment G); 8. The Fire Fighters must approve changes to the current plan to alter the benefits received by current rent and future retirees; 9. An actuary study regarding the proposed plan changes and increase contribution schedule should be conducted as soon as possible. The next formal actuary study is currently scheduled to be conducted in the Spring of 2007. COMMITTEE RECOMMENDATIONS: A Approval of a proposed increase in the rate of City retirement contributions for the remainder of Fiscal Year 2006 -2007 from 12.5% to 14.58% contingent upon the following actions: 1 Increased contributions to the Corpus Christi Fire Fighters Retirement System by fire fighters; 2. Approval by the fire fighters to amend the current plan's benefit structure which is based on a departmental average salary basis to an individual average salary basis. 3. A review and report of the actuary determined future condition of the Corpus Christi fire Fighter's Retirement Fund conducted by the Fire Fighters contracted actuary. B Approval of a Council Resolution setting forth the City's contribution level for the period extending from January 2008 through January 2013. bA G) w a) 4-4 a) con • 1-1 cf) •-• c.) ,DE 0 -46 u r,4 � U E E W yowl 0 O o c o C) VD 74 O tre 22.23% 13.65% Worn CI) ME w O w w Attachment A cu 0 O cu v 4-• o cu A a .E cu ICI t msD N o Attachment B TOP TEN CITIES PARTICIPATING IN THE TEXAS LOCAL FIRE FIGHTERS' RETIREMENT ACT Fire Fighter City Population Fire Fighters Contribution Contribution Abilene 115,225 178 13.20% 14.69% Amarillo 177,010 231 10.00% 14.50% Beaumont 112,871 231 13.00% 13.00% Corpus Christi 278,520 416 10.00% 12.50% Irving 191,615 311 10.00% 14.26% Kileen 92.707 146 10.00% 10.86% Laredo 191,538 344 14.00% 17.65% Lubbock 203,715 302 12.43% 19.94% Midland 95.829 191 13.20% 18.00% Odessa 90.961 177 13.00% 14.86% Average 154,999 252.7 11.88% 15.03% City Houston San Antonio Dallas Austin Comparison of Cities' Contributions to Firefighter Retirement Plans in Largest Texas Cities Attachment C February 6, 2007 Firefighter Plans State/Local Plan Social Security Total Fort Worth El Paso Corpus Christi - Present Corpus Christi - Proposed Lubbock Laredo Irving Amarillo 23.80% 24.64 27.50 18.05 10.74 18.00 12.50 20.78* 1.45% 25.25% 1.45 26.09 1.45 28.95 1.45 19.50 7.65 18.39 7.65 25.65 1.45 1.45 13.95 22.23 19.94 17.65** 14.26 14.50 1.45 21.39 1.45 19.10 1.45 15.71 1.45 15.95 * Proposed ultimate contribution rate effective January 1, 2013 and later. ** Proposed ultimate contribution rate effective October 1, 2009 and later. Attachment D February 6, 2007 Past Increases in Benefits for Retied Fire Fighters and Their Beneficiaries (Pensioners) A. 46% have not received any increases (117 of 257) — see handout 1. Retirement before 1973 (3 pensioners) 2. Retirement 1973 - 1981 (13 pensioners) 3. Retirement 1982 - 1989 (62 pensioners) 4. Retirement 1990 - 2001 (7 pensioners) 5. Retirement 2002 - 2005 (32 pensioners) B. 54% have received increases (140 of 257) 1. Retirement 1973 - 1981 (24 pensioners) 2. Retirement 1988 (1 pensioner) 3. Retirement 1989 - 2002 (115 pensioners) 4. Past increases not related to cost -of- living after retirement 5. Starting retirement benefit was low for many pensioners ('. For pensioners who have received increases, the increases have ranged from 1.4% to 36.7 %. D. For those receiving the greatest increase (36.7 %), the increase is less than 70% of cost -of- living increases since retirement. F. The increases in the city's contribution rates will result in an immediate increase in benefits for all pensioners of 30% of cost -of- living increases since retirement, subject to a 4% minimum increase. Subject to favorable experience of the retirement fund, additional future increases in monthly benefits will be provided to pensioners. Attachment E Attachment F Schedule of Increased Contributions By the City and the Fire Fighters City Employee Rate Change Rate Current 12.50% NA 10.00% NA May -07 1 4.58% 2.08% 11.10% 1.10% Jan -08 15.39% 0.81% 12.20% 1.10% Jan -09 16.58% 1.19% 12.20% 0.00% Jan -10 17.68% 1.10% 12.20% 0.00% Jan -11 18.78% 1.10% 12.20% 0.00% Jan -12 20.13% 1.35% 12.20% 0.00% Jan -13 20.78% 0.65% 12.20% 0.00% N 00 01 N N !t' M O 01 00 r* 01 O 41 N rn Imo O N t^ N O N N CO M In 00 r-+ in 01 `O L. 615 CA 1--i 1--1 1.1 N 00 6F3 E�3 615 6/} 6/5 City Contrib Attachment G PCS ' 01 v `O d' O 00 O 00 CD col it to 00 N ti0 tt 00 0 Il N N M O N vG �•' O `O M OT M 00 .-4i 4O o0 6 N O O� to N 01 Q-' M M d' d' ' r to r4 Nor 614 Eel VI 614 6- 614 EA 5 o 0 ON 0 00 01 00 00 00 M 00 to In In `O N 1I N kr: 46_ [� 00 O O 6 N 00 Ch O N M N N N N N N Cud .;Pal O awl N CLe ,4•0 rool • i••' Resolution Increasing Contributions to Corpus Christi Fire Fighters' Retirement System (CCFFRS) by Corpus Christi Fire Fighters and the City of Corpus Christi WHEREAS, the City Council's policy direction for the FY2006 -07 budget in Resolution 026605 included a priority for funding public safety services; and WHEREAS, the 2005 TriData report identified differences in retirement benefits and differences in City contributions between the current fire fighter pension system, known as the Corpus Christi Fire Fighters Retirement System or "CCFFRS ", and the current pension system for other City employees; and WHEREAS, the TriData report suggests that changes to the CCFFRS could improve the fire department by providing higher retirement benefits as incentives for fire fighters who advance in rank within the department and higher retirement benefits so fire fighters can afford to retire at somewhat earlier ages comparable to retirees in other fire departments; and WHEREAS, an increase in City contributions to the CCFFRS coupled with an increase in the fire fighters' contributions to the CCFFRS and revisions of the benefit structure could enable the CCFFRS to increase retirement benefits for current Corpus Christi retired fire fighters and their beneficiaries, many of whom have not received an increase in their retirement benefit since their retirement, and also enable the CCFFRS to increase retirement benefits for fire fighters who retire in the future; and 1 WHEREAS, increases in contribution rates by the City and the fire fighters must be phased in over several years: and WHEREAS, an increase in the City contributions to the CCFFRS will be contingent upon an agreement by the Corpus Christi fire fighters, in accord with Texas law, to increase fire fighter contributions and to revise the benefit structure of the CCFFRS; and WHEREAS, when fully phased in, the increased level of City contributions to the CCFFRS will be comparable to the current level of City contributions to the Texas Municipal Retirement System (TMRS) and to Social Security on behalf of all employees of the City except fire fighters ( "Other City Employees "); and WHEREAS, in order to certify benefit increases for retired fire fighters and future benefit increases for fire fighters, as required by Texas law, the actuary retained by the Board of Trustees of the CCFFRS must have reasonable assurance that the City will actually implement the projected future increases in the City's contributions and that the fire fighters NN ill actually implement the projected future increases in their contributions as contemplated by this Resolution; and WHEREAS, in order to approve benefit increases for retired fire fighters and future benefit increases for fire fighters, as required by Texas law, the Board of Trustees of the CCFFRS must have reasonable assurance that the City will actually implement the projected future increases in the City's contributions and that the fire fighters will actually implement the 2 projected future increases in their contributions as contemplated by this Resolution; NOW BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Beginning in 2007 and thereafter, it is the intent of the City of Corpus Christi to contribute to the Corpus Christi Fire Fighters Retirement System ( "CCFFRS ") the percentage of each fire fighter's compensation shown in the following schedule, contingent upon fire fighter approval as set forth herein below, and subject to annual appropriation of funds by ordinance. Year Calendar Year City's Contribution Rate to CCFFRS 1 2007 14.58% 2 2008 15.39 3 2009 16.58 4 2010 17.68 5 2011 18.78 6 2012 20.13 7 2013 20.78 and later And later The increase in the City's contribution rate from the current 12.50% to 14.58% is to be effective on the first day of the first payroll period beginning on or after the date the members of the CCFFRS elect to increase their contribution rate from the current rate of 10.00% of Departmental Average Salary to 11 10% of each fire fighter's compensation in 2007 and to 12.20% in 2008 and subsequent years. Each increase in the fire fighters' contribution rate in 2008, and each increase in the City's contribution rate in 2008 and 3 subsequent years, is to be effective on the first day of the payroll period which includes January 1 of such calendar year. In 2013 and in each year thereafter, the City's contribution rate is to be 20.78 %_ SECTION 2. The increases in the City's contribution rates described in Section 1 will not be effectuated until the CCFFRS actuary and the fire fighter members have approved, and the Board of Trustees of the CCFFRS has adopted, a retirement plan which provides for: (a) retirement, disability and survivor benefits for fire fighters that are both pay and service reiated in order to recognize differences in rank and (b) an increase in benefits for retired fire fighters and their beneficiaries in 2007 and, subject to favorable experience of the CCFFRS, additional future increases in benefits for active and retired fire fighters and (c) ar increase in fire fighter contribution rate from the current rate of 10.00% of departmental average salary to 1 1 10% of each fire fighter's compensation in 2007 and to 12.20% in 2008 and subsequent years as described in Section 1. SECTION 3. Upon Board of Trustee adoption of, and CCFFRS actuary and the fire fighters members approval of, the retirement plan described in Section 2, the City Manager is directed to prepare necessary ordinance for City Council approval to change the FY2006- 07 budget and to prepare the FY2007 -08 budget and the budgets for all subsequent fiscal years to include the City's contribution rates to the CCFFRS as described in Section 1 of this Resolution. 4 ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: February 9, 2007 v .VYi- Lisa Aguilar Assistant City Attorney For City Attorney 5 Corpus Christi, Texas of , 2007 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