Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 09/16/2008
CITY COUNCIL AGENDA SEPTEMBER 16, 2008 Gi O�� ›of ERA v\ SUS C iiiiMillZ RPOi►A� 1852 11:45 A.M. - Swearing -in Ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 SEPTEMBER 16, 2008 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or 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 Charles S. Brown, St. Paul United Church of Christ. 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 Priscilla Leal Council Members: Melody Cooper Interim City Manager Angel R. Escobar Larry Elizondo, Sr: City Attorney Mary Kay Fischer Mike Hummel) City Secretary Armando Chapa Bill Kelly John Marez Nelda Martinez Michael McCutchon E. MINUTES: (NONE) Agenda Regular Council Meeting September 16, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, orordinances. 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. CITY MANAGER'S REPORT Upcoming Items I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been fumished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 1. Motion approving a supply agreement with Global Metering Systems, of Lancaster, Ohio, for approximately 8,000 gas service regulators in accordance with Bid Invitation No. BI -0165- 08, based on low bid, for an estimated annual expenditure of $118,800, of which $99,000 is budgeted in FY08 -09. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve -month periods, subject to Agenda Regular Council Meeting September 16, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY08 -09. (Attachment # 1) 2. Motion approving a software maintenance and licensing service agreement with SHI- Government Solutions, Austin, Texas for Novell Open Enterprise Server, Novell Open Workgroup Suite, GroupWise 7 and Novell Cluster Services Maintenance in accordance with the State of Texas Cooperative Purchasing Program for an estimated annual expenditure of $98,153. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. (Attachment # 2) 3. Motion approving the lease /purchase of two (2) side loader refuse trucks from Rush Truck Center, of Houston, Texas in the amount of $487,498. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are additions to the fleet and will be used by the Solid Waste Department. Financing for the refuse truck will be provided through the City's lease - purchase financing program. (Attachment # 3) 4. Motion approving the lease /purchase of two (2) rear loading refuse trucks from Grande Truck Center, San Antonio, Texas in the amount of $384;060. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the refuse truck will be provided through the City's lease- purchase financing program. (Attachment # 4) 5. Motion approving consultant service agreements with the following companies for the following amounts for Plan Review Services, Inspection Services, Adjunct Staffing Services and Program Audit Services in accordance with Request for Qualification No. BI- 0066 -08B, based on most qualified proposals for an estimated annual expenditure of $250,000. The term of the agreements will be for twelve months with an option to extend the agreements for up to two additional twelve month periods subject to the approval of the consultants and the City Manager or his designee. (Attachment # 5) Agenda Regular Council Meeting September 16, 2008 Page 4 Sunrise Engineering Inc. Mesa. AZ Plan Review, Program Audit $75,000 Bureau Veritas Plano. TX Plan Review, Program Audit, Inspection Svcs., Adjunct Staffing $100,000 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Building Code Cnslt. Svcs. Dallas. TX Inspection Services, Plan Review, Adjunct Staffing $75,000 Grand Total : $250,000 6.a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $145,069.25 from the Texas Department of Transportation (TXDOT) for a Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI and Speed enforcement with a City match of $39,131.31 and to execute all related documents. (Attachment # 6) 6.b. Ordinance appropriating $145,069.25 from the Texas Department of Transportation (TXDOT) for funding for a Comprehensive Selective Traffic Enforcement Project (STEP) in the No. 1061 Police Grants Fund. (Attachment # 6) 7. Resolution authorizing the City Manager or his designee to execute a Use Agreement with AT &T Texas for use of AT &T Texas Facility as a Secondary Emergency Operations Center. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Govind Development, L.L.0 in the amount of $126,000 for a revised fee of $150,900 for the New Broadway Wastewater Treatment Plant for project oversight and assistance. (Attachment # 8) 9. Ordinance abandoning and vacating a 4,950- square foot portion ofa 10 -foot wide utility easement out of the Midtown Industrial District, Block 1, Lots 62 -63, adjacent to and south of Bear Lane and west of the South Navigation Boulevard and Bear Lane intersection; requiring the owner, A -1 Construction Co., Inc., to comply with the specified conditions. (Attachment # 9) Agenda Regular Council Meeting September 16, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Second Reading Ordinance — Amending Section 14 -1341, Platting Ordinance Fees, Section 55 -70, Adoption of Rules, Regulations and Water and Gas Fees, and Section 55- 71(B)(2), (3), and (5), Sewer Tapping Fees, Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting and Taps; providing for publication. (First Reading 09/09/08) (Attachment # 10) J. PUBLIC HEARINGS: ZONING CASES: 11. Case No. 0708 -01, Daniel L. Henderson: A change in zoning from "1 -2" Light Industrial District to an "1 -3" Heavy Industrial District resulting in a change of land use from Tight industrial to heavy industrial for an above ground fuel storage tank on property described as being a 900 - square foot tract of land, being out of the 4.769 acre tract of land as described in deed recorded in Document No. 1998047073, Official Records of Nueces County, Texas, said 900 - square foot tract is out of Section 8, Range "V ", H. L. Kinney Sectionalized lands, Villarreal Grant, Nueces County, Texas, located at 7331 Leopard Street, generally located on the interior of the property at the northwest corner of Leopard Street and Southern Minerals Road. (Attachment # 11) Planning Commission's & Staff's Recommendation: Denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light - Industrial District with a Special Permit for one (1) 1,000 gallon UL2085 above ground fuel storage tank subject to a site plan with four conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Daniel L. Henderson, member and registered agent, 7404 Leopard Street Property, LLC, by changing the zoning map in reference to a 900 - square foot tract of land, being out of the 4.769 acre tract out of H.L. Kinney sectionalized lands, Villarreal Grant, Section 8, Range "V ", from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow one (1) 1,000 Agenda Regular Council Meeting September 16,2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) gallon UL2085 above ground fuel storage tank, subject to a site plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for publication. 12. Case No. 0808 -01, David and Kacv Alexander: A change in zoning from an "A -1" Apartment House District to "F -R" Farm - Rural District resulting in a change of land use from vacant to agricultural on property described as a 7.93 acre tract of land, being out of the South one -half of Lot 32, Section 49, Flour Bluff and Encinal Farm and Garden Tracts. (Attachment # 12) Planning Commission & Staffs Recommendation: Approval of the "F -R" Farm -Rural District. ORDINANCE Amending the Zoning Ordinance, upon application by David and Kacy Alexander, by changing the Zoning Map in reference to 7.93 acres out of Flour Bluff and Encinal Farm and Garden Tracts, being the south one -half of Lot 32, Section 49, from "A -1" Apartment House District to "F -R" Farm -Rural District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for publication. 13. Case No. 0808 -02 Kuhn Equipment Company: A change in zoning from an "1 -2" Light Industrial District to an "1 -3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial on property described as a 727.99 square foot tract of land out of Lot 4A, Block 4, Interstate Industrial Complex, located approximately 900 feet west of the IH 37 / Corn Products Road intersection. (Attachment # 13) Planning Commission & Staffs Recommendation: Denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light - Industrial District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons subject to a site plan and four (4) conditions. Agenda Regular Council Meeting September 16, 2008 Page 7 ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by Kuhn Equipment Company, by changing the Zoning Map in reference to a 727.99- square foot tract of land out of Interstate Industrial Complex, Lot 4A, Block 4, from "1 -2" Light Industrial District to "I- 2/SP" Light Industrial District with a Special Permit to allow for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons, subject to a site plan and four (4) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for publication. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 14. 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 Solid Waste Revenue Certificates of Obligation, Series 2008, in the aggregate principal amount of $12,000,000, and ordaining other matters relating to the subject. (Attachment # 14) 15. Motion authorizing the City Manager to execute a Memorandum of Agreement between the Veterans' Land Board of the State of Texas and Nueces County and the City of Corpus Christi for the establishment of a State Veterans' Cemetery. (Attachment # 15) 16. Resolution authorizing the City Manager or his designee to cooperate with Forestar Real Estate Group, Inc. to make applications for required construction permits to support the proposed Zahn Road Improvement Project under the concept proposed by Forestar Real Estate Group, Inc., and to negotiate an agreement between Forestar Real Estate Group, Inc. and the City of Corpus Christi that sets out the mutually agreeable responsibilities and obligations of each party to the agreement. (Attachment # 16) 17. Resolution supporting Las Brisas Energy Center's application for an air permit filed with the Texas Commission on Environmental Quality. (Attachment # 17) Agenda Regular Council Meeting September 16, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 18. Status and Proposed Schedule of Hearings for Adoption of the Unified Development Code (UDC) (Attachment # 18) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM 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, habre un interprete ingles- espanol en la reuni6n de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. 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 Govemment 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. Agenda Regular Council Meeting September 16, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 19. Executive session under §551.071 of the Texas Government Code for legal advise regarding proposed classification of Corpus Christi Bay as an impaired body of water on the EPA 303(d) list, with possible discussion and action related thereto in open session. 20. Executive session under §551.087 of the Texas Government Code to consult with its attorney about legal issues relating to the proposed long -term power supply contract with Cities Aggregation Power Project, Inc., with possible discussion and action related thereto in open session. 21. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action in open session. 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 Y. C C p.m., on September 10, 2008. LO./ 1c;tvlo (tY(i -)C� 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 Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 a 1?t)WNI Develop Street Plan TexasA &M University— Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review 1 Requested Council Date: 9 /16 /6tv Alternate Date: 9/23/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Global Metering Systems, Lancaster, Ohio, for approximately 8,000 gas service regulators in accordance with Bid Invitation No. BI- 0165 -08, based on low bid, for an estimated annual expenditure of $118,800, of which $99,000 is budgeted in FY08 -09. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Gas Department in FY08 -09. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: These regulators will be purchased and used by the Gas Department. They are used to reduce the pressure of natural gas from the main line to the required level for residential customers. Previous Contract: The option to extend the current contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Bid invitations Issued: Fourteen Bids Received: Five Price Analysis: Pricing for these regulators have increased approximately 9% since the last contract of June 2007. Award Basis: Funding: Low Bid Gas Department 520150- 4130 -34130 Michae'1 Barrera, Assistant Director of Financial Services —1— Total FY -08/09 $99,000.00 $99,000.00 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: 9/16/08 81D INVITATION NO. BI- 0165 -08 GAS SERVICE REGULATORS ITEM DESCRIPTION QTY. UNIT GLOBAL METERING SYSTEMS LANCASTER, 011 GAJESKE, INC. HELOTES, TX PUFFER-SWEIVEN CORPUS CHRISTI, TX McGINNIS INDUSTRIAL HOUSTON, TX ACTARIS OWENTON, KY UNIT PRICE TOTAL PRICE UNIT TOTAL PRICE PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT TOTAL PRICE PRICE 1 1" X 1" RESIDENTIAL TYPE GAS SERVICE REGULATORS TO COMPLY WITH SPECIFICATION NO. 1086, # IV. 8,000 EACH $14.85 $118.800.00 $18.13 $145,040.00 $25.90 $207,200.00 $32.60 $260.800.00 $34.50 $276,000.00 TOTAL: $118.800.00, $145,040.00 $207,200.00 $260,800.00 $276,000.00 N 2 Requested Council Date: 9/16/08 Alternate Date: 9/23/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a software maintenance and licensing service agreement with SHI- Government Solutions, Austin, Texas for Novell Open Enterprise Server, Novell Open Workgroup Suite, GroupWise 7 and Novell Cluster Services Maintenance in accordance with the State of Texas Cooperative Purchasing Program for an estimated annual expenditure of $98,153. The term of the contract will be for twelve months with an option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Award Basis: The Master Licensing Agreement (MLA) for Novell Open Enterprise Server, Novell Open Workgroup Suite, GroupWise 7 and Novell Cluster Server Services will continue licensing the City's network operating system and e-mail system for the next twelve months. The MLA's provide for software upgrades and technical support, at no additional cost to the City, throughout the term of the agreement. State of Texas Cooperative Purchasing Program utilizing the Department of Information Resources (DIR) GoDirect Contract number DIR -SDD -198. Funding: MIS Operating Budget 530160 -5210 -40420 Michael irrera, Assistant Director of Financial Services —5— $98,153.00 0 0 3Oueua}ulew saolnJaS Ja;snl0 !WON b 3 GroupWise 7 - Maintenace aoeua}uieW - atlnS dna6)poM ued0 IIanoN z i Novell Open Enterprise Server - Maintenance NOIldldOS30 V CO ▪ C)1 N N N d 0 0 0 N S 7' 3 S m • co co N o O O O EA CO -a N O) CO 0 -a a ✓ m O O V Ca W N co O N 0 b o b b 0 o 0 0 0 0 ZZU3 O O 0 M. N CI _o 8 "C7 's n ° 0 CD CO - CD 2 C '3 Z CD 10 Z c7 1 > 0) m CD E. = - B O - 3 00 0 00 N N CD CD co X j 90 _ 7' C N = N 3 co CND Z 7 7 C • ) O CD < 7 co 0 .., N 0 NO co 0 N 0 r.0. N co co a 3 Requested Council Action 09/16/08 Alternate Date 09/23/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease /purchase of two (2) side loader refuse trucks from Rush Truck Center, Houston, Texas in the amount of $487,498. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are additions to the fleet and will be used by Solid Waste Department. Financing for the refuse truck will be provided through the City's lease - purchase financing program. Purpose: Basis of Award: Price Comparison: Funding: The side loader refuse trucks will be used as part of the City-wide automated collection process. The two side loader refuse trucks are additions to the fleet. The side loader refuse trucks will be purchased through the cooperative purchasing agreements with the TLGPC. TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. The City purchased a similar side loader refuse truck for the Solid Waste Department in FY 07 -08 with a unit price of $233,735. The current unit price is $243,749. Refuse Truck — Lease Purchase Solid Waste Services 1020- 12510- 530190 FY 08 -09 (5 months) $44,342.20 Capital Outlay Item No. 18 The refuse truck will be funded through the City's lease- purchase financing agreement for a sixty-month period. The estimated interest rate is 3.5 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $106,421.28. Total estimated cost over the sixty-month period, including principal of S487,498 and interest of $44,608.40 is $532,106.40. The amount of funds shown above are the funds budgeted for lease payment for FY 2008 -2009. Funds will be requested by the using department for FY 2009 -2010 and all subsequent budget years during the normal budget process. Michael Barrera Assistant Director of Financial Services —9— CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION BI- 0022 -09 BUYER: MARIA GARZA DATE: 9/16/08 ITEM DESCRIPTION 1. Peterbilt 320 Side Loader Refuse Trucks QTY 2 UNIT Each RUSH TRUCK CENTER, HOUSTON HOUSTON, TEXAS Unit Extended Price Price $243,749.00 $487,498.00 Award Total $487,498.00 Grand Total: -10— 4 Requested Council Action 09/16/08 Alternate Date 09/23/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the lease /purchase of two (2) rear loading refuse trucks from Grande Truck Center, San Antonio, Texas in the amount of $384,060. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). These units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the refuse truck will be provided through the City's lease - purchase financing program. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Basis of Award: Price Comparison: Funding: li ,, Mich) el Barrera Assistant Director of Financial Services The rear loader refuse trucks will be used by the Solid Waste Department to pick up trash These units are replacements to the fleet. The rear loader refuse trucks will be purchased through the cooperative purchasing agreements with the TLGPC. TLGPC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. The City purchased a similar rear loader refuse truck for the Solid Waste Department in FY 07 -08 with a unit price of $175,998. The current unit price is $191,830. Refuse Truck — Lease Purchase Solid Waste Services 1020- 12510 - 530190 FY 08 -09 (7 months) $48,907.04 Capital Outlay Item No. 23 The refuse truck will be funded through the City's lease - purchase financing agreement for a sixty-month period. The estimated interest rate is 3.5 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $83,840.64. Total estimated cost over the sixty-month period, including principal of $384,060 and interest of $35,143.20 is $419,203.20. The amount of funds shown above are the funds budgeted for lease payment for FY 2008 -2009. Funds will be requested by the using department for FY 2009 -2010 and all subsequent budget years during the normal budget .1 process. -13- CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - MARIA GARZA DATE: SEPTEMBER 16, 2008 ITEM DESCRIPTION QTY. UNIT BID TABULATION BI- 0012 -09 REFUSE TRUCK Grande Truck Center San An onio, Texas Unit Price Extended Price 1. Refuse Truck, Sterling LT9500 Cab & Chassis w /Heil 25 cu. Yd. Commercial Rear Loader Refuse Body Solid Waste Department 2 each 192,030.00 384,060.00 Award Total $384,060.00 -14- 5 Requested Council Action: 9/16/08 Alternate Date: 9/23/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving consultant service agreements with the following companies for the following amounts for Plan Review Services, Inspection Services, Adjunct Staffmg Services and Program Audit Services in accordance with Request for Qualification No. BI- 0066 -08B, based on most qualified proposals for an estimated annual expenditure of $250,000. The term of the agreements will be for twelve months with an option to extend the agreements for up to two additional twelve month periods subject to the approval of the consultants and the City Manager or his designee. Sunrise Engineering Inc. Mesa, AZ Plan Review & Program Audit $75,000 Purpose: Bureau Veritas Plano, TX Plan Review, Program Audit, Inspection Services & Adjunct Staffing $100,000 Grand Total : $250,000 Building Code Consultant Services Dallas, TX Inspection Services, Plan Review & Adjunct Staffing $75,000 The Consultants will assist the Development Services Department in the various development and construction functions performed by the department including plan review and inspection services. The consultants will provide these services to the local community either as an extension of the Development Services Department or as a choice when the developer or builder requests for their services. Adjunct staffing will be provided to fill the voids that are created due to vacancies and absenteeism. Program audits will examine the operations and processes of the permitting function, customer intake and building inspection functions of the department. Request for Qualifications Nine Issued Request for Qualifications Received Award Basis: Four The response received from CH2MHi1l, Englewood, CO did not meet the Request for Qualification requirements regarding contracts subject to review by the Development Services Department. The evaluation was conducted in a two stage approach. Under the first stage, qualification Statements were reviewed by a committee comprised of employees from Development Services and the —17— Funding: Requested Council Action: 9/16/08 Alternate Date: 9/23/08 Purchasing Division. The consultants were ranked across each service and identified as primary or secondary choice. The committee then requested pricing from each of the consultants and negotiated the final contract pricing associated for each of the respective services. The outcome will provide a primary and secondary provider for each service to assure an adequate level of service can be provided to the development community. Development Services 4670 - 12201 -53000 Michel Barrera Assistant Director of Financial Services —18— $250,000 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - Michael Barrera Management & Operations Assistance for Development Services Department Summary Matrix Request for Proposal No.:BI- 0066 -08B Evaluation Criteria Maximum Score Bureau Veritas, Plano, Texas Building Code Consulting Services, Dallas, Texas Sunrise Engineering, Mesa, Arizona Qualifications 80 Compliance with RFP 5 Presentations 15 Total Score 100 73.60 4.85 13.37 67.00 4.80 12.77 59.00 4.58 13.20 91.82 84.57 76.78 Estimated Annual Expenditure $100,000 Grand Total $250,000 $75,000 $75,000 A response received from CH2MHill, Englewood, CO did not meet the Request for Qualification requirements regarding contracts subject to review by the Development Services Department. 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 09/16/08 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $145,069.25 from the Texas Department of Transportation for a Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI and Speed enforcement with a City match of $39,131.31 and to execute all related documents. B. Ordinance appropriating $145,069.25 from the Texas Department of Transportation for funding for a Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police.Grants Fund; and•tdeclaring an emergency. ISSUE: The State of Texas, Department of Transportation is providing funding to continue the overtime Driving While Intoxicated and Speed enforcement grants in the Police Department. BACKGROUND INFORMATION: The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. FUNDING: Officers will be working on an overtime basis with the City providing $30,283.31 for fringe benefits and $8,848 for mileage. CONCLUSION AND RECOMMENDATION: Staff recommends a epting the grant and appropriating /// the funds. Attachments: TXDOT grant agreement -23- B. P. Smith Chief of Police Texas Traffic Safety eGrants Fiscal Year 2009 Organization Name: City of Corpus Christi Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: STEP 2009 Comprehensive ID: 2009 - Corpus PD- S- MYG -Yr1 -0203 Period: 10/01/2008 to 09/30/2009 Page 1 of 45 —24— City of Corpus Christi STEP 2009 Comprehensive TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2009. Project Title: STEP 2009 Comprehensive Grant Period: This Grant becomes effective on 10/01/2008 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2011 unless terminated or otherwise modified. Total Awarded: $556,177.38 Amount Eligible for Reimbursement: $402,871.05 Match Amount: $153,306.33 2009 - CorpusPD- S- MYG -Yr1 -0203 Printed On: 8/28/2008 —25— Page 2 of 45 City of Corpus Christi STEP 2009 Comprehensive TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she /he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Citv of Corpus Christi Commission for the purpose and effect of activating and /or carrying out orders, [Legal Name of Agency] established policies or work programs approved and authorized by the Texas Transportation Commission By: [Authorized Signature] Sc:o la Pre [Name] By: [District Engineer Texas Department of Transportation] [Name] __I—kreetk 3114 M A7v0t6etz [Title] [Title] Date: Date: Under the authority of Ordinance or By: Resolution Number (for local government): (If Applicable) Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) [Resolution Number] Date: 2009 - CorpusPD- S- MYG -Yr1 -0203 Printed On: 8/28/2008 —26— Page 3 of 45 Page 1 of 2 ORDINANCE APPROPRIATING $145,069.25 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING FOR A COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) IN NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $145,069.25 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding for a Comprehensive Selective Traffic Enforcement Project (STEP). 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 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 16th day of September, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved: September 8, 2008 Lisa Aguilaill Senior Assistant City Attorney For City Attorney H:LLEG- DIR\Jeannie \Lisa \ORD- appropTXDOT- STEP.doc _27_ Page 2of2 Corpus Christi, Texas day of , 2008. 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, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Mike McCutchon H:\ LEG- DIR\Jeannie \Lisa \ORD- appropTxDOT- STEP.doc _28_ 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 9/16/08 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute a User Agreement with AT &T Texas for use of AT &T Texas Facility as a Secondary Emergency Operations Center. ISSUE: The proposed agreement allows the City of Corpus Christi to use the AT &T premises located at 406 N. Carancahua as a back -up Emergency Operations Center in the event of a natural disaster or, an anticipated hurricane strike to the region. AT &T agrees to provide access to their facility without compensation. The center will accommodate up to thirty -five (35) City employees on a twenty-four (24) hour basis. A list of authorized City employees will be submitted to AT &T staff no later than twenty-four (24) before occupying the facility. If activated, the City will maintain and staff the secondary Emergency Operations Center for a reasonable period of time after the calamity or emergency has subsided. This period of time may range from one (1) day to three (3) weeks, depending on the nature and severity of the event. AT &T may revoke this agreement at anytime upon thirty (30) days notice to the City. REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manager to execute a User Agreement with AT &T Texas for the use of their facility as a secondary Emergency Operations Center. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends authorizing the City Manager to execute a User Agreement with AT & T Texas for the use of their facility as a secondary Emergency Operations Center. Richard Hooks Fire Chief Attachments: 1. User Agreement 2. Exhibit "A" 3. Resolution C:\Documents and Settings\RickR\My Documents\Agenda ItemAAT &T Agreement Agenda.doc —31— EXHIBIT A Of -JW 1157 -3615 rt°.oi i4 Ji 111 :. o °f MOW Vertical Penetration SECOND FLOOR Primary Common Em seam - 41.414.15 IA - I Ia0 111 - nW 41x-AaE TOM 11.11-11 001441 1°1a loam EICHER 51. SPACE CLSSES (111eo-- . w 1/10-01/10-0111-010 1 -n r (q nn1- NE -1M11 MW-� #N 1111 t 14011-10Z-020 195 11144- 111{ -1111 (10)111011-101-11014 11 14411- 111E -1111. oq 1401 -00-4141 il$ 14041-170111-7610. - 11yq111111aa¢ tl 1100 -° w n 10411490.405 Ia 411 -4•ST -001 1) 0054005 -111 w OF1n -.n+ w sane w 3111100 -0« w 15/1s1111 -0167 4 4.1- 4115 -00. BOMA RENTABLE: 41.495 SQ.FT. BOMA USABLE: 41 495 SQ.FT. at &t FLOOR SPACE INVENTORY CADD. 12060B01 115r comes own 1I11P a 11112 403 A GVMMI'MW STREET CORNS 011611 TOO 78401 Tit000110 (0-2080 m...l e n o „t0 me W. 54.11. M.nMO I m[ I SEPT. use WE NOISED BY 5 -56-00 4141 4-140] 104+01 0r4 11011084 q0 RC -C / wIWT94 DME 50. TT, @0)040013 941 r»tona0 111 07.152 SCO manor° 7.152 II.I. 579 OWN= 1.211 •3(00000 113 518410000 741 0Sa10 0 545 NOM 3.107 -441 noon Enos cap 40 mat ors. tong mon o rn etas ASSET 6£SSOTON 04 -11-03 N CO STATE OF TEXAS COUNTY OF NUECES USE AGREEMENT This Agreement is made and entered into by and between the City of Corpus Christi, Texas (hereinafter referred to as "the City"), and Southwestern Bell Telephone Company, a Missouri Corporation authorized to conduct business in the state of Texas (hereinafter referred to as "AT &T Texas"). IN CONSIDERATION of the mutual covenants and agreements herein set forth and other good and valuable consideration, AT &T Texas agrees to allow the use of its premises at 406 N. Carancahua, Corpus Christi, Texas ( "Owner's Property"), for use by the City as an Emergency Operations Center (EOC) in times of imminent peril. The parties agree as follows: 1. AT &T Texas will license to the City access on a non - exclusive basis the portion of AT &T Texas's central office facilities located at 406 N. Carancahua, Corpus Christi, Texas and described and depicted in Exhibit "A ", including certain rights to use certain common areas and accessways as designated by Owner from time to time (the "Premises ") for certain authorized personnel of the city for use as a twenty-four (24) hour Emergency Operations Center in the event of and in anticipation of a natural disaster, more particularly an anticipated hurricane strike to the region. AT &T Texas reserves the right in its sole discretion to designate alternate areas within Owner's Property for use by the City pursuant to this Agreement, in which event the parties shall attach hereto a substitute Exhibit Use Agreement Page - -1 —33— "A" depicting the Premises. The City hereby agrees to accept the Premises in its and their "as -is" condition without the benefit of any representations or warranties of any kind whatsoever, including fitness for a particular purpose. Any improvements or alterations necessary for City's use shall be made by City at City's cost, and only with written approval of AT &T Texas. Licensee shall not expand the physical footprint of the Premises to which it has rights. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THIS LICENSE SHALL NOT CONFER OR BE DEEMED TO CONFER ANY PROPERTY INTEREST OR RIGHT IN OWNER'S PROPERTY AND THE CITY HEREBY ACKNOWLEDGES THAT THE RIGHTS CONFERRED HEREUNDER SHALL CONSTITUTE MERELY A NON - EXCLUSIVE, REVOCABLE LICENSE TO USE THE PREMISES SOLELY FOR THE PURPOSES SET FORTH HEREIN. 2. The City agrees that the Center will be staffed by no more than thirty-five (35) the City employees on a twenty-four (24) hour basis. A list of authorized City employees will be submitted to AT &T Texas' Area Manager, External Affairs, no later than twenty- four (24) hours prior to occupancy of the facility. This list will identify those persons who will be authorized to enter the premises, shelter in the building, and staff the Center. All City personnel will have proper credentials and must present such credentials in order to gain access into the Owner's Property. A City employee's name must appear on the list provided by the City to AT &T Texas, and he /she must present a City identification card, in order to access the facility. AT &T TEXAS SHALL HAVE THE RIGHT IN ITS SOLE Use Agreement Page - -2 —34— DISCRETION TO DENY OR REVOKE ACCESS TO THE PREMISES TO ANYONE ON SUCH LIST FOR ANY REASON OR NO REASON. 3. AT &T Texas agrees that upon notification by the City of its intent to activate the Emergency Operations Center, AT &T Texas will allow a representative from the City to enter the premises for purposes of making the facility ready for EOC operations. Subject to the approval of AT &T Texas, the City's representative is authorized to make the facility ready for EOC operations. Those preparations include, but are not limited to: activation of pre -wired communication lines, make ready break rooms, kitchen, etc., designation of areas where the City employees will be allowed access for sleeping quarters, kitchen, break room, restrooms, and other authorized access areas. Any costs incurred in making any necessary preparations will be the responsibility of the City. 4. The City shall comply with AT &T Texas' requirements for the preparation and use of space on the Premises including, but not limited to, all requirements related to security of the Premises and it occupants, the types of equipment that can be placed on the premises, and the requirements related to equipment standards and qualifications and the installation, maintenance, and powering of the same. The City shall be responsible for informing itself of AT &T Texas' above - described requirements by working with AT &T Texas reasonably in advance of use of the space and proposed placement of equipment, which time may vary based on the reasonable ability under the circumstances to anticipate need. A list and description of the equipment the City intends to place on the Premises will be submitted to AT &T Texas' Area Manager, External Affairs thirty (30 ) days prior to Use Agreement Page - -3 —35— occupancy of the premises when reasonably possible, but in all events no later than 24 hours prior to occupancy of the premises. To the extent reasonably possible, the City shall provide AT &T Texas with its list of equipment and proof that its proposed equipment, and the proposed installation, use, maintenance, and powering of such equipment, meets the relevant AT &T requirements. AT &T Texas shall have the right in its sole discretion to deny placement of equipment for any reason or no reason. 5. AT &T Texas recognizes and agrees that the City will maintain and keep ready in the facility the City's basic furniture, i.e. tables, chairs, cabinets, telephone and general office supplies. The City agrees that AT &T Texas is not responsible for any damage to the City's furniture. 6. AT &T Texas acknowledges and agrees that the City will maintain and staff an Emergency Operations Center and it will be continuously maintained for a reasonable period of time after the calamity or emergency has subsided. This period of time may range from one (1) day to three (3) weeks, depending on the nature and degree of the severity of the occurrence. The City will demobilize the Emergency Operations Center as soon as practicable so as to not disrupt continuity of government. 7. The City will notify AT &T Texas of its intent to activate a hurricane EOC as soon as the need becomes apparent, but in no event less than seventy-two (72) hours prior to predicted gale force winds reaching the Southeast Texas Regional Gulf Coast. 8. The City and AT &T Texas agree that each will provide to the other current contact information, i.e. home telephone numbers, cell phone numbers, office telephone Use Agreement Page - -4 —36— numbers, pager numbers, etc., for those persons critical to facilitating emergency access to the premises. 9. The City will assume responsibility for providing food, drinks and other supplies for its employees. 10. The City will maintain the premises in a safe, clean and orderly manner and condition during the operation of the EOC. Upon deactivation, it will return the facility free of all trash and debris caused by its personnel during occupancy. In addition, the City shall repair any damage to the Premises determined to be caused by the City at its sole cost. AT &T Texas shall provide written notice to the City of the need to address any maintenance or damage that requires repair. The City shall within seven (7) days of receipt of the written notice acknowledge or dispute responsibility for the damage. If the City agrees that the identified damage is to be repaired by the City, it shall schedule the repairs within thirty (30) days of its acceptance of the responsibility. In the event the City disputes responsibility for the damage and does not accept responsibility therefore, AT &T Texas may take whatever action available to it by law to remedy the situation. 11. The City represents and AT &T Texas acknowledges that the City is limited in the manner in which it may assume responsibility for second party liability. To the extent allowed by law and the Texas Constitution, the City will hold harmless AT &T Texas from any claims, damages, costs and expenses arising from the conduct or action of its employees in or upon the premises resulting from or by reason of the operation of the Emergency Use Agreement Page - -5 —37.- Operations Center. The City hereby covenants to exercise all due care so as not to interfere with any operations of AT &T Texas or AT &T Texas's licensees, tenants or occupants. 12. The City hereby agrees that AT &T Texas is voluntarily providing the City with this access, and that AT &T is doing so without compensation. The Premises are intended to be used by the City as an emergency operations center in the event of a natural or man-made disaster. As such, AT &T Texas seeks to invoke and the City acknowledges the liability protection afforded it by the TEXAS CIVIL PRACTICE AND REMEDIES CODE SECTION 79.003, DISASTER ASSISTANCE, in that AT &T Texas is a corporation providing assistance at the request of the City of at a time of a natural disaster that endangers or threatens to endanger individuals, property, or the environment. 13. The City shall obtain and maintain, at its sole cost, throughout the use of the Premises, the following insurance: (1) Commercial General Liability with limits of $5,000,000.00 per occurrence, (2) Automobile Liability with a combined single limit of $1,000,000.00 per accident, (3) Workers Compensation as required by law, (4) Employer's Liability with limits of $1,000,000.00 per occurrence, and (5) standard form property insurance ( "All Risk" coverage) equal to 100% replacement cost covering the City's property. The City shall name AT &T Texas as an additional insured with respect to the above Commercial General Liability insurance. The City WAIVES ANY RIGHTS OF RECOVERY AGAINST AT &T TEXAS FOR INJURY OR LOSS DUE TO HAZARDS COVERED BY ITS INSURANCE AND the City SHALL REQUIRE SUCH INSURANCE POLICIES TO CONTAIN A WAIVER OF RECOVERY AGAINST AT &T TEXAS, ITS Use Agreement Page - -6 —38— PARENT, AFFILIATES AND ITS AND THEIR DIRECTORS, OFFICERS, AND EMPLOYEES. All insurance policies carried by the City shall be with companies that have a general policy holder's rating of not Less than "A" and a financial rating of not less than Class "X" in the most current edition of Best's Insurance Reports. The City shall furnish AT &T Texas within twenty (20) days of the date of this License written evidence of insurance as required above to AT &T Texas's reasonable satisfaction, including a statement providing for written notification to AT &T Texas by the insurer not less than thirty (30) days prior to cancellation or reduction of any required coverage. The above referenced insurance requirements are met if the City can demonstrate that it is a self - insured entity. 14. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement, and the parties hereby agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or any amendments hereto. 15. This Agreement shall be in effect for five (5) years from the date of execution. AT &T Texas may revoke this agreement at anytime upon thirty (30) days notice to the City. 16. THIS AGREEMENT REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE TRANSACTIONS CONTEMPLATED HEREIN AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. 17. THIS AGREEMENT MAY BE MODIFIED OR AMENDED ONLY UPON WRITTEN CONSENT BY BOTH PARTIES. Use Agreement Page - -7 —39— IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth above. Southwestern Bell Telephone Company, d/b /a AT &T Texas The City of Corpus Christi, Texas By: / �lA� _ By: Its: , 4 / ba 16 . PS Its: Date: Date: Use Agreement Page - -8 —40— RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A USE AGREEMENT WITH AT &T TEXAS FOR USE OF AT &T TEXAS' OFFICE FACILITY AS A SECONDARY EMERGENCY OPERATIONS CENTER. 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 a use agreement with AT &T Texas for use of AT &T Texas' office facility as a secondary emergency operations center. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary 6 Mayor APPROVED: Sii� ✓Q , 2008. me H Joseph y Assistant City Attorney For City Attorney Resol - UseAg -AT &T.doc -41- Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Resol - UseAg- AT &T.tloc -42- 2 8 AGENDA MEMORANDUM City Council Action Date: September 16, 2008 SUBJECT: New Broadway Wastewater Treatment Plant (Project No. 7293) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Govind Development, LLC, in the amount of $126,000 for a revised fee of $150,900 for the New Broadway Wastewater Treatment Plant for project oversight and assistance. ISSUE: The new Broadway Wastewater Treatment Plant is currently being designed by the firm of Carollo Engineers, P.C. Since the new plant is a multi - million dollar project that will require extensive oversight and review, the firm of Govind Development, LLC, has been hired to provide that coordination with the design team. FUNDING: Funding for this project will come from the Wastewater Capital Improvement Budget FY 2008. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhibit "B" Contract Summary Exhibit "C" Location Map Kevin R. Stowers Interim Director of Engineering Services H :HOME\ Rochelle \GEN Wastewaten7293- Broadway Plant\Govind NadkamiWmd. No. l Agenda Memo.doc —45— AGENDA BACKGROUND INFORMATION SUBJECT: New Broadway Wastewater Treatment Plant (Project No. 7293) PROJECT DESCRIPTION: The proposed project provides for the construction of a new wastewater treatment plant and outfall structure on land adjoining the existing Broadway Wastewater Treatment Plant. The new plant will be built on part of the existing plant. The new plant will be a state -of- the -art treatment facility meeting all federal and state environmental regulations with odor control to eliminate all negative impacts associated with older treatment facilities. The new plant will have an 8.0 MGD average daily flow. Treatment will be at the 20/20 level (20 parts biological oxygen demand /20 parts total dissolved solids) in accordance with the operating permit. AMENDMENT NO. 1 DESCRIPTION: The proposed Amendment No. 1 is to the contract with Govind Development, LLC, for project oversight and assistance in the design review of the new Broadway Wastewater Treatment Plant. In August 2007 the City administratively executed a small contract for professional services in the amount of $24,900 with Govind Development, LLC, to provide oversight and assistance to Carollo Engineers, P.C., for the preliminary design of the new plant. Amendment No. 1 consists of work on three phases of the project (see Exhibit "B ", Contract Summary): • Preliminary Design and Constructability Review Phase • Design Phase • Bidding Phase ENGINEERING CONTRACTS FOR DESIGN OF THE NEW BROADWAY WWTP: Selection Process: The recommended firms were selected through a formal Request for Proposal process. RFP No. 2006 -01 was distributed to 195 engineering firms on May 9, 2006. Eleven (11) firms responded, and five firms were selected for interview based on their submitted material. The firm of Carollo Engineers was ranked number one (1) and the firm of Freese and Nichols was ranked number two (2). Carollo was selected to design the treatment plant. Freese and Nichols was selected for peer review services. Design Contract: The contract with Carollo Engineers, P.C. provides for permitting, preliminary and final engineering design, construction phase, full time on -site project construction management, surveying, public information assistance, training, and special treatment facilities design. A small administrative contract for preliminary phase services was executed December 1, 2006. Peer Review Contract: The second engineering contract with Freese and Nichols Engineering, Inc. provides for peer review of the design services to ensure that the project can be constructed at the least possible costs. A contract was awarded to Freese and Nichols on December 12, 2006 for peer review regarding the selection of the treatment process. H :HOMEIRechelle \GENIWaslewaler \7293 - Broadway Plant \Go■ind NadkemiWmo. No. 11Agenda Background doe —46— TIME OF COMPLETION: It is anticipated the plans will be complete in August 2009. It is also anticipated that construction will be completed in the fall of 2012. PROJECT BACKGROUND: The project has a long and complex history. Analysis and studies relating to the replacement of the Broadway Wastewater Treatment Plant began in 1996. Continued analysis resulted in the decision that there was not a cost - effective way to construct a replacement treatment plant outside the general area of the current Broadway Plant. A chronology of major events and time line are attached (see Exhibit "A- 1. ") H :HOME\Rachelle %GEM Wastewater \7293 - Broadway Plant \Govind Nadkami■md. No 1\Agenda Backgrounddoc —47— PRIOR PROJECT ACTIONS BACKGROUND INFORMATION: The decision on the best method for replacing the Broadway Wastewater Treatment Plant involves a very large, complex number of issues. The City and staff moved the process forward to the next phase as quickly as possible once the Council approved the Wastewater Facilities Implementation Plan in 1997, but this required considerable time. To accomplish this the City had to: • select consultants; • develop information needed for design of the project; and • evaluate new information as the project progressed. During this next phase of project implementation, a report titled "Broadway Plant Lift Station and Diversion to Greenwood Plant" was prepared by Govind & Associates Inc. as a result of various amendments. The report discussed the major issues that emerged from their study which were: • the peak design flow was determined to be greater than the original peak flow used in the 1997 Urban Engineering report; - • more detailed design and cost estimates determined that the cost savings of diverting the flow from the Broadway WWTP to the Greenwood WWTP would not be realized; • capital costs to build a new plant in the industrial area would be over $13 million less in 2002 dollars than to divert the flows to Greenwood; • the life cycle (20 -year) operating and maintenance costs of a new plant in the industrial area would be $1.4 million less in present value terms than diverting to Greenwood based on 2002 costs; • there were more stringent wastewater treatment quality requirements for the Greenwood WWTP due to higher water quality stream standards for Oso Creek and Oso Bay; and • adequate land capacity is not available at Greenwood to meet the current and future Greenwood service area flows if the Broadway flows are diverted to Greenwood. This resulted in the initiation of a detailed analysis of alternative locations for a new treatment plant for the Broadway service area that was presented to City Council in September 2001 and on January 29, 2002. As a result, the CITGO site and the Flint Hills site were found to be most environmentally manageable of all of the available alternatives based on the results of the Phase 1 and 2 Environmental Assessments done for the sites. The Flint Hills site also offered the best flexibility for expansion in case of increased flows, in addition to being the most cost - effective alternative. Consequently, the Council approved the construction of a new plant at the Flint Hills site. However, the Council directed Staff to re- evaluate the decision based on continuing concern by residents living in the general area. On October 30, 2007, Council directed staff to proceed with the site ranked No. 3 (which is the current Broadway Treatment Plant site) for the location of the new wastewater treatment plant, and directed staff to HA HGME1RachelIMGENtWastewaterl729 3-Broadway Plant\Goviind NadkamiWmtl. Np grioor Actions.doc work with the Port of Corpus Christi Authority to discuss other land swap options that would reduce the cost of construction at this location. However, should the Port location not be available, the City will continue with the existing location. (It was determined in November 2007 that the Port location was not available.) MAJOR STUDIES AND FINDINGS: 1996 to Present - The City has spent in excess of $30 million on 26 projects for the Broadway collection system and Broadway WWTP since 1996 to keep the collection system and plant functioning and in regulatory compliance pending diversion of flows or to prepare for the replacement of the Broadway plant. The projects include plant odor controls, repairs necessary to maintain operations at the existing plant, and collection system work to prevent overflows. March 1997 — Adoption of the Oso /Greenwood Service Areas Wastewater Facilities Implementation Plan (Urban Engineering). January 1998 — Contract Award — Evaluation of Broadway Collection System (Urban Engineering) resulting in ongoing repairs (9 years) that are still being completed. August 1998 — Contract Award — Broadway Plant Lift Station and Diversion to Greenwood Plant (Govind & Associates Inc.) which determined: • peak flows were greater than originally believed; and • diversion costs were considerably higher. June 2001 — Contract Amendment — Broadway Plant Lift Station and Diversion to Greenwood Plant (Govind & Associates Inc.) for evaluation of other options including diversion to Allison WWTP, construction of a new plant at existing site or on a new site in the industrial area, resulting in finding that: • the long force mains required for the Greenwood diversion would cause sewage to turn septic in the pipeline, resulting in hydrogen sulfide gas emission at the discharge point, and a requirement for additional treatment due to anaerobic conditions; • land at the Greenwood WWTP is divided by Lo Vollo Creek, making the western part of the property difficult to use for plant expansion; • both sides of Lo Vollo Creek contain designated archeological sites; • only about 18 acres of land is available at the Greenwood site for expansion due to the present plant configuration and other programmed expansions; • flows from the current and future Greenwood basin service area require 40 MGD of capacity, leaving little or no land area to construct treatment capacity for any diversion from Broadway. June 2000 through May 2002 — Contract Award and Amendments (Govind & Associates Inc.) to design necessary Broadway WWTP repairs to allow the plant to remain operational and in compliance until diversion or a new treatment plant can be built. April 2002 — Council directed Staff to acquire property for a new treatment plant in the industrial area. Contract Award — New Treatment Plant Site Acquisition Study (Govind & Associates Inc.) as directed by City Council. H: IHOMEkRachelle \GEMWastewater17293- Broadway Plant\Govind NadkarniWnd. No41yjrior Actions.doc July 2003 — Contract Award — Construction of a new 40 MGD lift station completed in 2004 to better serve customers in the Broadway basin and a future treatment plant. May 2002 through January 2006 — Staff and consultants conducted intensive analysis of 13 sites for construction of a new treatment plant. January 2006 — Presentation of detailed analysis of alternative locations for a new treatment plant for the Broadway service area resulting in a recommendation to proceed with the Flint Hills site. October 2007 — Motion selecting the site ranked No. 3 being the current Broadway Treatment Plant site for the location of the new wastewater plant and directing staff to work with the Port to discuss other land swap options that would reduce the cost of the construction at this location; however, should the Port location not be available, the City will continue with the existing location. DETAILED LIST OF PRIOR COUNCIL ACTION: 1. March 18, 1997 — Motion approving the Oso /Greenwood Service Areas Wastewater Facilities Implementation Plan (1997) and adopting Alternative No. 2, including the diversion of Broadway Plant flows to the Greenwood Plant, as the plan of action to provide sufficient and cost - effective treatment facilities through the year 2025. (Motion No. M97 -62) 2. August 18, 1998 - Motion authorizing the City Manager, or his designee, to execute an engineering services contract with Govind & Associates, Inc. in the amount of $329,853 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M98 -285) 3. May 5, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to an engineering services contract with Govind & Associates, Inc. in the amount of $43,010 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2001 -189) 4. May 15, 2001 — Council directive to evaluate four options: No. 1 — Diverting flows to Greenwood No. 2 — Diverting flows to Allison No. 3 — New Plant in Industrial Area along Ship Channel No. 4 — New Plant at Broadway Wastewater Treatment Plant site 5. September 18, 2001 — Council directive to evaluate the following: • Eliminate Options 1 and 2 and further consider: • Construct New Plant at Broadway site • Construct New Plant in Industrial Area along Ship Channel 6. October 30, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to an engineering services contract with Govind & Associates, Inc. in the amount of $48,560 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2001 -409) 7. January 29, 2002 — Council directive to amend the 1997 Wastewater Facilities Implementation Plan to include: H :IHOME1Ractlelle \GEN1Wastewater \7293 - Broadway Plan( ■Govind NadkarnMmd. Np, bPnor AUions.doc IEXHIBIT "A -1" 1 Page 3 of 7 • Do not divert flows to Greenwood Wastewater Treatment Plant • Do not construct new plant at Broadway Wastewater Treatment Plant site; Select new plant site in industrial area along Ship Channel: Site 1: Port of Corpus Christi Military Staging Site Site 2: Kerr McGee Property Site 2A: West Broadway at Sam Rankin Site 3: CITGO Port Ave. Terminal 8. April 16, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 6 to an engineering services contract with Govind & Associates, Inc. in the amount of $99,112 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. M2002 -099) 9. July 22, 2003 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 11 to an engineering services agreement with MEI Govind Inc. in the amount of $639,621 for the Broadway Wastewater Treatment Plant Diversion Project — 36748" Diameter Gravity Line and Lift Station. (Motion No. 2003 -239) 10. December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 13 with Govind & Associates, Inc. for a total fee not to exceed $62,338 for the 24 -Inch Gravity Sewer Line along Antelope Street between Palm Street and Doss Street. (Motion No. 2003 -447) 11. November 16, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 with Maverick Engineering Inc. of Corpus Christi, Texas, for a revised fee not to exceed $39,044 for a total restated fee of $1,378,811 for the Antelope Street and Salt Flats Area 36- Inch /48 -Inch Wastewater Gravity Interceptor Project. (Motion No. 2004 -429) 12. April 26, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 17 to an engineering services contract with Maverick Engineering, Inc. in the amount of $67,608 for engineering services associated with the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to Greenwood Plant/Nueces River Delta. (Motion No. 2005 -127) 13. January 31, 2006 — As per City Council directive, the City Manager and staff have engaged in preliminary negotiations with Flint Hills and CITGO and any ancillary entities and are now reporting to the Council within the required 30 days regarding the location of a new Wastewater Treatment Plant on Site 3 CITGO Port Terminal or Site 4 Flint Hills Resources Tank Farm, eliminating as many variables as possible. 14. February 28, 2006 — Motion authorizing the City Manager, or his designee, to enter into negotiations to purchase Flint Hills Tank Farm site (Site 4) for the location of the New Broadway Wastewater Treatment Plant. (Motion M2006 -071) 15. September 25, 2007 — Presentation to the City Council on the Broadway Wastewater Treatment Plant Diversion Status. This presentation is in response to Council request for more information. On August 21, 2007, the City Council requested staff revisit existing Broadway Site and compare to diversion to Greenwood Wastewater Treatment Plant. 16. October 30, 2007 — Motion selecting the site ranked No. 3, which is the current Broadway Wastewater Treatment Plant site, for the location of the new wastewater treatment plant and directing staff to work with the Port to discuss other land swap options that would reduce the cost of construction at this location; however, should H: HOMEIRachelle \GEMWastewaIer17293-Broadway Plant Govind NadkamiNmd. NrtllPrior Actions.doc the Port location not be available, the City will continue with the existing location. (Motion No. 2007 -284) 17. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027776) 18. February 12, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering contract with Carollo Engineers, P.C. of Phoenix, Arizona in the amount of $7,306,047 for a restated not to exceed contract total of $7,330,962 for the New Broadway Wastewater Treatment Plant. (Motion No. 2008 -033) 19. February 12, 2008 - Motion authorizing the City Manager, or his designee, to execute an engineering contract for peer review with Freese & Nichols, Inc. of Fort Worth, Texas in the amount of $339,294 for the New Broadway Wastewater Treatment Plant. (Motion No. 2008 -034) PRIOR ADMINISTRATIVE ACTION: 1. September 10, 1999 — Administrative Amendment No. 1 to an engineering services contract with Govind & Associates, Inc. for a fee not to exceed $4,460 for a total restated fee not to exceed $334,313, for archaeological survey services for the Airport Ditch Outfall Improvements. 2. June 27, 2000 — Administrative Amendment No. 2 to an engineering services contract with Govind & Associates, Inc. for a fee not to exceed $9,480 for a total restated fee not to exceed $343,793 to evaluate alternate pump station locations. 3. June 19, 2001 - Administrative Amendment No. 4 to an engineering services contract with Govind & Associates, Inc. for a fee not to exceed $14,020 for a total restated fee not to exceed $400,823, to evaluate alternate pump station locations. 4. May 22, 2002 - Administrative Amendment No. 7 to an engineering services contract with Govind & Associates, Inc. for a fee not to exceed $24,650 for a total restated fee not to exceed $573,145, for the Broadway Wastewater Treatment Plant Diversion Project. 5. November 14, 2002 - Administrative Amendment No. 8 to an engineering services contract with Govind & Associates, Inc. for a fee not to exceed $18,195 for a total restated fee not to exceed $591,340, for the Broadway Wastewater Treatment Plant Diversion project. 6. December 24, 2002 - Administrative Amendment No. 9 to an engineering services contract with Govind & Associates, Inc. for a fee not to exceed $24,880 for a total restated fee not to exceed $616,220, for the Broadway Wastewater Treatment Plant Diversion project. 7. February 6, 2003 - Administrative Amendment No. 10 to an engineering services contract with Govind & Associates, Inc. for a fee not to exceed $1,300 for a total restated fee not to exceed $617,520, for the Broadway Wastewater Treatment Plant Diversion project. 8. August 29, 2003 — Administrative Amendment No. 12 to an engineering services contract with Govind & Associates, Inc. for a fee not to exceed $0 for a total restated fee not to exceed $1,257,141, for the Broadway Wastewater Treatment Plant Diversion project. 9. April 19, 2004 - Administrative Amendment No. 14 to an engineering services contract with MEI Maverick Engineering, Inc. for a fee not to exceed $3,900 for a H:\ HOMEERachelle 1GEMWastewaterk7293- Broadway Plant Govind NadkamilAmd. N¢t rior Actions.doc total restated fee not to exceed $1,323,379, for the Broadway Wastewater Treatment Plant Diversion project. 10. November 5, 2004 - Administrative Amendment No. 15 to an engineering services contract with MEI Maverick Engineering, Inc. for a fee not to exceed $16,388 for a total restated fee not to exceed $1,339,767, for the Broadway Wastewater Treatment Plant Diversion project. 11. April 26, 2005 - Administrative Amendment No. 18 to an engineering services contract with MEI Maverick Engineering, Inc. for a fee not to exceed $12,168 for a total restated fee not to exceed $1,458,587, for the Broadway Wastewater Treatment Plant Diversion project. 12. August and October 2005 — Met with Hillcrest area residents, including site visit to Whitecap Wastewater Treatment Plant on Padre Island. 13. January 9, 2006 - Administrative Amendment No. 19 to an engineering services contract with MEI Maverick Engineering, Inc. for a fee not to exceed $24,500 for a total restated fee not to exceed $1,483,087, for the Broadway Wastewater Treatment Plant Diversion project. 14. May 9, 2006 - Distribution of Request for Proposals (RFP) No. 2006 -01 New Broadway Wastewater Treatment Plant to 195 engineering firms (80 local and 115 non - local). 15. June 6, 2006 - Addendum No. 1 to the Request for Proposals (RFP) No. 2006 -01 New Broadway Wastewater Treatment Plant to 195 engineering firms (80 local and 115 non - local). 16. August 14, 2006 - Administrative Amendment No. 20 to an engineering services contract with MEI Maverick Engineering, Inc. for a fee not to exceed $17,308 for a total restated fee not to exceed $1,500,395, for the Broadway Wastewater Treatment Plant Diversion project. 17. December 1, 2006 — Administrative approval of Small A/E Agreement for Architect/Engineer Consultant Services with Carollo Engineers, P.C. of Dallas, Texas in the amount of $24,915 for the New Broadway Wastewater Treatment Plant Project. 18. December 7, 2006 - Administrative approval of a Testing Agreement with Rock Engineering & Testing Laboratory Inc. in the amount of $14,230 for the New Broadway Wastewater Treatment Plant for geotechnical testing. 19. December 12, 2006 - Administrative approval of Small NE Agreement for Architect/Engineer Consultant Services with Freese & Nichols, Inc. of Austin, Texas in the amount of $24,900 for the New Broadway Wastewater Treatment Plant Project for peer review assistance. 20. March 1, 2007 - Administrative approval of Small A/E Agreement for Architect/Engineer Consultant Services with Urban Engineering Inc. of Corpus Christi, Texas in the amount of $24,900 for the New Broadway Wastewater Treatment Plant Project for citizens' response review. 21. August 17, 2007 - Administrative approval of Small NE Agreement for Architect/Engineer Consultant Services with Carollo Engineers, P.C. of Dallas, Texas in the amount of $24,990 for the New Broadway Wastewater Treatment Plant Project for the site selection criteria re- evaluation and evaluation of constructing an 8.0 MGD plant at the existing Broadway Wastewater Treatment Plant site. 22. August 17, 2007 - Administrative approval of Small A/E Agreement for Architect/Engineer Consultant Services with Govind Nadkarni in the amount of HIHOME \Rachelle1GEN1Wastewater\7293- Broadway Plant \Govind NadkamiNmtl. Nonor Actions doc $24,900 for the New Broadway Wastewater Treatment Plant for project oversight and assistance. 23. September 28, 2007 - Administrative approval of Amendment No. 21 to an engineering services contract with Maverick Engineering, Inc. for a fee not to exceed $49,529 for a total restated fee not to exceed $1,549,924, for the Broadway Wastewater Treatment Plant Diversion project. 24. October 25, 2007 - Administrative approval of Small A/E Agreement for Architect/Engineer Consultant Services with Freese & Nichols Inc. in the amount of $24,325 for the New Broadway Wastewater Treatment Plant Project for 3D wastewater animation at the proposed new Broadway WWTP sites. 25. November 2007 — Council was advised that the Port property was not available after meetings with the Port. 26. December 27, 2007 — Administrative approval of a Testing Agreement with Rock Engineering & Testing Laboratory Inc. in the amount of $25,600 for the New Broadway Wastewater Treatment Plant for geotechnical, foundation and pavement testing. 27. June 11, 2008 - Administrative approval of Amendment No. 1 to the Testing Agreement with Rock Engineering & Testing Laboratory Inc. in the amount of $25,600 for the New Broadway Wastewater Treatment Plant for geotechnical, foundation and pavement testing. HIHOME 1RachelletGEN \Wastewaten7293- Broadway Plant\Govind NadkamiWmtl. Nc5/4rior Actions,doc CONTRACT SUMMARY SUBJECT: New Broadway Wastewater Treatment Plant (Project No. 7293) Amendment No. 1 to Consulting Services Contract with Govind Development, LLC Preliminary Design & Constructability Review Phase: $72,000 • Work with City's Design Consultant to help coordinate to get necessary soils investigation and testing from Geotechnical consultant for needed soils investigation, borings & laboratory testing. • Help coordinate and set up design parameters of the project work with Operating Department, act as a liaison between Design Consultant and Operating Department, and act as City Engineering Services Department's representative as Project Coordinator. • Review and make comments on preliminary engineering report and work with Design Consultant to obtain opinion of probable construction cost to ensure that the project stays within budget on behalf of City Engineering Services Department's representative. • Attend necessary design workshops with Design Consultant, Peer Review team member and Operating Department and participate in discussion during workshops. Get clarification and necessary data and material to identify design and construction methods. • Assist in presentation of pertinent factors, sketches, cross sections and parameters which may affect and impact engineering design basis, preliminary details of construction of critical elements, identification of necessary permits etc. • Work with Design Consultant and Operating Department in coordination with governmental agencies such as Port of Corpus Christi, Texas Commission on Environmental Quality, Texas Water Board, etc. and any other governmental authority having jurisdiction to approve design of the project and permitting. • Work with City's Operating Department and Design Consultant to produce a cohesive, well- defined proposed scope of design, probable cost estimates and design alternatives. • Work with City's Engineering Services staff and Operating Department to coordinate necessary in -house information that Design Consultant needs, including preliminary budget, funds available for construction, existing studies, plans, aerial photographs, etc. • Assist Design Consultant in coordination of public relations matters (such as community involvement and neighborhood input) and help make presentations whenever necessary to community groups and City Council. H1HOME \Rachelle \GEN\WasIewator\7293- Broadway Plant ■Govind NadkamiWmd. No. 1 \Contract Summary.doc —55— Design Phase: $ 42,000 • Work with City's Design Consultant to implement Preliminary Engineering Report recommendations to get proper design drawings, construction sequencing, and connections to existing facilities. • Work with City's Operating Department to ensure that Design Consultant is provided necessary information regarding the construction document preparation and information for new Broadway Wastewater Treatment Plant. • Review the interim documents at 60% and pre -final submittal and provide comments to Design Consultant in a timely manner so project schedule is kept as intended. • Attend all necessary meetings and assist on QA / QC of project execution plans during design phase of the project. • Provide Design Consultant with City's standard detail sheets, standards and special provisions and forms required for bid documents. Bidding Phase: $12,000 • Work with Design Consultant to help perform bidders' pre - qualifying evaluations and develop a pre - qualified bidders' listing and encourage bidders to get on bidders' list. • Help coordinate pre -bid meetings and communicate with bidders and get their questions answered through Design Consultant. • Work with Design Consultant to prepare addenda as necessary and ensure that bidders get the necessary information back in a timely manner. • Work with Design Consultant to ensure that bidders have an appropriate time to submit their bid. Provide additional time to bidders if necessary so bidders get proper time to prepare good bid for City. • Assist City's Engineering Department and Design Consultant in reviewing and evaluating contractor's proposal and provide a recommendation on selection of contractor to present to City Council for approval. TOTAL FOR AMENDMENT NO. 1: $126,000 HtHOME1Rachelle \GEN\Wastewater\7293- Broadway Plant \Govind Nadkamiwntl. No. 1 \Contract Summary.eoc —56— \ Mproj ect \ coun cil exh ib i is \exh 7293. d wg BROADWAY WASTEWATER TREATMENT PLANT 1402 W. BROADWAY ST NEW BROADWAY WASTEWATER TREATMENT PLANT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08 -27 -2008 Mr MIN 9 CITY COUNCIL AGENDA MEMORANDUM September 9, 2008 AGENDA ITEM: Ordinance abandoning and vacating a 4,950- square foot portion of a 10- foot wide utility easement out of the Midtown Industrial District, Block 1, Lots 62 -63, adjacent to and south of Bear Lane and west of the South Navigation Boulevard and Bear Lane intersection; requiring the owner, A -1 Construction Co., Inc., to comply with the specified conditions; and declaring an emergency. ISSUE: The closure of the utility easement is necessary to accommodate and allow for the construction of an industrial warehouse on the two lots. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4., requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. An up -to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services. These requirements are in compliance with Ordinance No. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Bob Nix, AICP ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map —61— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: A -1 Construction Co., Inc. ( "Owner") is requesting the abandoning and vacating of a 4,950 - square foot portion of a 10 -foot wide utility easement out of the Midtown Industrial District, Block 1, Lots 62 -63, located adjacent to and south of Bear Lane and west of the South Navigation Boulevard and Bear Lane intersection. The property is located in an "I -2" Light Industrial District. The abandoning and vacating of the utility easement is being requested by the Owner to accommodate and allow for the construction of an industrial warehouse within the two lots. Owner will be dedicating a new 10 -foot wide utility easement (5,335- square feet) adjacent to and along the Bear Lane public right -of -way line. There are currently no public or franchised utilities located within the existing easement. All public and franchised utilities were contacted to determine if the proposed easement abandonment conflicts with plans for future installations. None of the city departments or franchised utility companies had any objections to abandoning this portion of utility easement. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49 -12 because the Owner will be dedicating a 5,335- square foot utility easement of greater value than the portion of the existing 10 -foot wide utility easement proposed for abandonment. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. EXHIBIT A —62— Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 4,950 - SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF THE MIDTOWN INDUSTRIAL DISTRICT, BLOCK 1, LOTS 62 -63, ADJACENT TO AND SOUTH OF BEAR LANE AND WEST OF THE SOUTH NAVIGATION BOULEVARD AND BEAR LANE INTERSECTION; REQUIRING THE OWNER, A -1 CONSTRUCTION CO., INC. TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, A -1 Construction Co., Inc. (Owner), is requesting the abandonment and vacating of a 4,950- square foot portion of a 10 -foot wide utility easement out of the Midtown Industrial District, Block 1, Lots 62 -63, which is located adjacent to and south of Bear Lane and west of the South Navigation Boulevard and Bear Lane intersection, in order to accommodate and allow for the construction of an industrial warehouse over the existing utility easement. The easement to be abandoned and vacated is located in an "I -2" Light Industrial District; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the portion of the utility easement, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 4,950- square foot portion of a 10 -foot wide utility easement out of the Midtown Industrial District, Block 1, Lots 62 -63, adjacent to and south of Bear Lane and west of the South Navigation Boulevard and Bear Lane intersection, as recorded in Volume 41, Page 54, of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) Owner dedicates a 14 feet wide, 5,335- square foot utility easement adjacent to and along the Bear Lane property line. (Exhibit B). 2) When Owner dedicates the 5,335- square foot utility easement, the fair market value of the abandoned easement will be waived, since the value of the 5,335- square foot utility easement is greater than the value of the 4,950 - square foot portion of the existing 10 -foot wide utility easement being abandoned. 3) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval and as a required condition of issuance of a Certificate of Occupancy for the building. H:\ LEG- DIR ZharedUay\Agenda\2008 \9- 16 \ORD- abandon -vac eiidtownIndustrialUtilEasement .doc Page 2 of 3 4) Upon approval by Council and issuance of the ordinance, all grants of easement closures and dedications must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permits and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Deputy Director of Development Services for approval. SECTION 3. 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 that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 16th day of September, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary APPROVED: September 3, 2008. R. Ja fReifiing First Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H: \LEG -DI R\ Shared \Jay\Agenda\2006 \9- 16 \ORD- abandon- vacateMidtownI ndustrialUtilEasement.doc —64— Page 3of3 Corpus Christi, Texas Day of , 2008 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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H: \LEG -D I R \S haredUay\Age nda\ 2006\ 9- 16 \ORD- abandon- vacateMidtown I ndustria IUtilEasement. doc -65- POINT OF BEGINNING S89'56'00 "E 5.00' BEAR LANE S89.56'00'E 5.00' CLOSURE (4 1150 8.F.) LOT 62 N89'56'00"W 10.00' LOT 64 Pnpond by. Boss et Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882-5521 (p) N% (361) 8821265(f x) (>N FEET ) 1 inch = 100 ft. PROPOSED EASEMENT CLOSURE LOTS 62 & 63, BLOCK 1, MID -TOWN INDUSTRIAL DISTRICT Fxiliisir-- L. Job No: 08053 *alai M drown Date 18JUN2008 Drawing No: PLAT P/ataada: 1:1 Shot 2 of 2 r 45'04'20't 14.18' POINT OF BEGINNING 9 BE LANE S45'0 ?'00'E 14.13 / as s // es as If SS 55 Il/ 55 5 55 55 I. S89'56 00 342.00 S89'56 00 201.51 LOT 62 4- 100 30 0 0 o 0 o /'1' o S 0 E s�� 'P ,f-11 •C' e GRAPHIC SCALE I 'y 100 LOT 63 1 LOT 64 400 (3R FELT ) 1 inch a 100. ft. AREA OF DEDICATI 5335 SQ. FT. 0.12 ACRES UTILITY EASEMENT DEDICATION LOTS 62 & 63, BLOCK 1, MID -TOWN INDUSTRIAL DISTRICT Flo- Bass & Welsh 'Engineering 3054 So. Alameda St. Corpus Christi. Tx. 78404 ((361)8 82- 1265(p(f ) axone) ) Job Na 08053 Seer As shown Dates 18JUN2008 Drawing No: UE -NEW Plotsc&e: 1:1 Shut 1 oft J -67- 1f pasetwitiwiti L1 ¢t 0 m ® n ic mop n f xi xFitstolmMtS z, f03 „aim ti.�.��i Et =tom e ORBEN PARK r.r 11 11 ^• 51415141513351435:r 5113511. 5f0951p35f 16r015026�2�3021 450 fmi■•■ Feet Proposed Easement Closure 4,950 sq. ft. Utility Easment EXHIBIT C -1 —68— POINT OF BEGINNING S89'56'00 "E 5.00' BEAR LANE S89'56'00"E 5.00' PROPOSED EASEMENT CLOSURE (4,950 S.F.) LOT 63 M 1 b V) N89'56'00"W 10.00' GRAPHIC SCALE (IN FEET ) �I 1 inch = 100 ft. l I LOT 64 400 AREA OF CLOSURE 4950 SQ. FT. 0.11 ACRES i PROPOSED EASEMENT CLOSURE LOTS 62 & 63, BLOCK 1, MID -TOWN INDUSTRIAL DISTRICT CAM RHETT, OWNER Propasd br Boss & Welsh Engineering 3054 So. Alameda St. Corpus Christi, Tx. 78404 ((361)888251265(p ) (fax) EXHIBIT C -2 Job No: 08053 Scale: As shown Dote: 16JUN2008 Drawing No: PLAT Plotscala 1:1 Sheet 2 of 2 -69- 45'04'20 "E 14.18' POINT OF BEGINNING BEAR LANE .11 1,I' • .'11" 1• II II II / // // I/I // / // II I• S89'56 00"W 201.51 S89'56.00 342.00' 0 100 so 0 LOT 62 0 0 GRAPHIC SCALE 100 200 LOT 63 S45'0r'00 "E 14.13 LOT 64 400 (W FEET ) 1 inch = 100 ft. AREA OF DEDICATIO 5335 SQ. FT. 0.12 ACRES / UTILITY EASEMENT DEDICATION LOTS 62 & 63, BLOCK 1, Eby: MID -TOWN INDUSTRIAL DISTRICT Boss & Welsh Engineering CAM RHETT, OWNER 3054 So. Alameda St. Corpus Christi, Tx. 78404 (361) 882 -5521 (phone) EXHIBIT C -3 (361) 882 -1265 (fax) Job No: 08053 Scots: As shown Dotes 16JUN2008 aowhg No: UE —NEW Plofscdt 1:1 Sheet 1 of 1 -70- 10 Page 1 of 7 AN ORDINANCE AMENDING SECTION 14 -1341, PLATTING ORDINANCE FEES, SECTION 55 -70, ADOPTION OF RULES, REGULATIONS AND WATER AND GAS FEES, AND SECTION 55- 71(b)(2), (3), and (5), SEWER TAPPING FEES, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO INCREASE OR ESTABLISH FEES RELATED TO PLATTING AND TAP; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 14 -1341, Platting ordinance fees, Code of Ordinances, is revised to read as follows: "Sec. 14 -1341. Platting ordinance fees. "This division sets the amounts of the fees required by the platting ordinance. PLATTING ORDINANCE FEES AMOUNT OF FEE Platting application fees Type I or IA < 1 acre $171.00 Type I or IA 1 >= 5 acres $341.00 Type I or IA > 5 acres $554.00 Type II or IIA < 1 acre $512.00 Type II or IIA 1 >= 5 acres $792.00 Type II or IIA > 5 acres $896.00 Type III or IIIA < 1 acre $685.00 Type III or IIIA 1 >= 5 acres $685.00 Type III or IIIA > 5 acres $685.00 Application to extend a plat $38.00 Application to plat single lot subdivision by Engineering Services $60.00 Deposit for review of deed or surveyor field $50.00 PLATTING AND TAP FEE INCREASE ORDINANCE 08202008.DOC —73— Page 2 of 7 notes Hardship variance application fee $160.00 Platting appeal application fee $50.00 Participation agreement $610.00 Deferment agreement fee $1,087.00 Utility easement by separate instrument fee $249.00 Infrastructure trust fund lot & acreage fees Lot fee for water infrastructure $31640 $330.00 Acreage fee for water infrastructure $4,-2664a $1,322.00 Surcharge for water infrastructure $0.00 Lot fee for water infrastructure for single - $160,00 family or duplex $167.00 Acreage fee for water infrastructure for $632:00 single - family or duplex $660.00 Surcharge for water infrastructure for $211.00 single - family or duplex $223.00 Water distribution line front foot pro rata $9..26 fee $9.67 PIIC water tap fee $480.00 PIIC lot fee for water infrastructure $480.00 PIIC acreage fee for water infrastructure $1,200.00 Lot fee for wastewater infrastructure $343 -00 $360.00 Acreage fee for wastewater infrastructure $1,382.00 $1,443.00 PLATTING AND TAP FEE INCREASE ORDINANCE 08202008.DOC —74— Page 3 of 7 Surcharge for wastewater infrastructure $243 -00 $254.00 5/8 inch x 3/4 inch Collection line front foot pro rata fee $40.72 $11.19 -00 Lot fee for storm water infrastructure $0.00 Acreage fee for storm water infrastructure $0.00 Surcharge for storm water infrastructure $0.00 Front foot pro rata charge $0.00 Request for lot/acreage fee exemption determination $60.00 Reimbursement agreement $535.00 Recording fees City's actual costs SECTION 2. Section 55- 70(9), Adoption of rules, regulations, and water and gas fees, Code of Ordinances, is amended to read as follows: "Sec. 55 -70. Adoption of rules, regulations, and water and gas fees. (9) Fee schedule, water: (a)Inside city limits: Size Street Fee Easement Fee 5/8 inch x 3/4 inch $373 -00 $243 -00 $389.00 $254.00 3/4 inch 383.00 27400 410.00 286.00 1 inch 535.00 365-00 559.00 381.00 Over 1 inch Special* Special* Loops *, minimum 226.00 226.00 PLATTING AND TAP FEE INCREASE ORDINANCE 08202008.DOC —75— Page 4 of 7 enotes costs to be specified by the director of water utilities based on circumstances. (b)Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Size 236.00 236.00 $101.00 $566.00 $109.00 Meter moves *, minimum 55.00 57.00 55,00 57.00 422,00 enotes costs to be specified by the director of water utilities based on circumstances. (b)Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Size Fee 5/8 inch x 3/4 inch $101.00 $566.00 $109.00 $591.00 3/4 inch 422,00 127.00 3/4 inch 590.00 1 inch Special* *Denotes costs to be specified by the director of water utilities based on circumstances (c)Outside city limits: Size Street Fee Easement Fee 5/8 inch x 3/4 inch $566.00 $367.00 $591.00 $383.00 3/4 inch 590.00 394..00 616.00 416.00 1 inch 812.00 535-$9 848.00 559.00 Over 1 inch Special* Special* Special* Loops *, minimum 339.00 339.00 354.00 354.00 Meter moves *, minimum 89:90 84.00 40.00 84.00 enotes costs to be specified by the director of water utilities based on circumstances. PLATTING AND TAP FEE INCREASE ORDINANCE 08202008.DOC —76— Page 5 of 7 (d)Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Size Fee 5/8 inch x 3/4 inch $- 1.94A8 $109.00 3/4 inch 122.00 127.00 1 inch Special* *Denotes costs to be specified by the director of water utilities based on circumstances. SECTION 3. Section 55- 71(b)(2), (3), and (5), Code of Ordinances, are revised to read as follows: "Sec. 49 -12. Sewer tapping fees. * "(b) House service line tap charge: * "(2) House sewer connections to be constructed in easements applied -ffor after July 1, 1985 shall be charged at a rate of - _ dellars .09}eight hundred two dollars ($802.00), except as otherwise herein provided. "(3) House service connections to be constructed in streets 1, 1985 shall be charged at a rate of '.!! •ne thousand two hundred seventy two dollars ($1,272.00), except as otherwise herein provided. "(5) For sewers in streets of new subdivisions in which house services are already installed to the property line and where final connection is to be made by a plumber, a fee of . :•!'.0 one hundred two dollars ($102.00) ' . - ' _ -. This fee is to cover the cost of recording and inspecting the sewer tap." PLATTING AND TAP FEE INCREASE ORDINANCE 0620200B.DOC —77— Page 6 of 7 SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. 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. PLATTING AND TAP FEE INCREASE ORDINANCE 08202008.DOC —78— That the foregoing ord reading on this the Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly ce was day o Page 7 of 7 read for the first time and passed to its second 2008, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED: day of August, 2008: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon R. y Reining First Assistant City Attorney For City Attorney Platting and Tap Fee Increase Ordinance 08202008.doc day of -79- , 2008. Henry Garrett Mayor CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: August 26, 2008 First reading ordinance amending Section 14 -1341, Platting ordinance fees, Section 55 -70, Adoption of rules, regulations and water and gas fees, and Section 55.71(b)(2), (3), and (5), Sewer tapping fees, Code of Ordinances, City of Corpus Christi, to increase or establish fees related to platting and taps; providing for severance; and providing for publication. ISSUE: The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that various development fees and charges be annually indexed to the Construction Cost Index published in Engineering News Record magazine. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information.... Exhibit B - Ordinance —80— Bob Mx, AIC 7 ACM of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City of Corpus Christi Platting Ordinance, Sections V.B.5.e)(2) and V.B.6.e)(2) require that various development fees and charges be annually adjusted to reflect corresponding changes in construction costs. The adopted industry standard used to measure variations in these costs is the Construction Cost Index published in Engineering News Record magazine. This cost index factor is a composite nation wide factor based on detailed construction cost surveys for 20 major cities throughout the United States. The published annual change in the composite construction cost index for August, 2008 is +4.4 %. Components of this cost index increase from August, 2007 to August, 2008, include increases of 3.4% for construction labor and 8.2% for construction materials. The resultant changes in fees within Chapters 14 and 55 of the Code of Ordinances are included in the proposed ordinance amendment (Exhibit B). EXHIBIT A -81- 11 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 16, 2008) Case No. 0708 -01, Dan Henderson: A change of zoning from an "I -2" Light Industrial District to an "1 -3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial for an above ground fuel storage tank on property described as being a 900 square foot tract of land, being out of the 4.769 acre tract of land as described in deed recorded in Document No. 1998047073, Official Records of Nueces County, Texas, said 900 square foot tract is out of Section 8, Range "V ", H. L. Kinney Sectionalized lands, Villarreal Grant, Nueces County, Texas, located at 7331 Leopard Street, generally located on the interior of the property at the northwest corner of Leopard Street and Southern Minerals Road. Planning Commission's & Staff's Recommendation (August 6, 2008): Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "I -2" Light - Industrial District with a Special Permit for one (1) 1,000 gallon UL2085 above ground fuel storage tank subject to a site plan with the following conditions: 1. Uses: All uses allowed in the "I -2" Light Industrial District plus one (1) 1,000 gallon above ground UL2085 fuel tank. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of 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: Approval of Planning Commission's and Staff's Recommendation. Staffs Summary: • Request: As part of the Doyle's Valves facility the applicant is requesting the zoning change on a 900 square foot area out of a 4.769 acre tract of land for an existing 1,000 gallon above ground fuel storage tank. The tank has been in use for the last seven to ten years and the rezoning will make the tank consistent with the zoning ordinance concerning an above ground fuel storage tank use. Doyle's Valves is an oil field equipment company that specializes in the assembly and re- manufacture of pressure control equipment for the oil and gas industry. The company has approximately 40 employees locally and has offices in Huntsville, Houston and Denver Colorado. • Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of light manufacturing uses, open storage, fabrication, warehousing, and wholesale distributing. The "I -3" Heavy Industrial zoning district provides for heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -2" Light Industrial and "1 -3" Heavy Industrial Districts include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. -85- Agenda Memorandum Case No. 0708 -01 (Dan Henderson) Page 2 • Existing Land Uses: The 900 square foot subject property is located in the middle of a 4.769 acre tract of land currently used for open storage of oil field equipment, including pressure valves and other associated vehicles and equipment. The existing tank is used for fueling of equipment used on site only. Surrounding property is used for open storage of oil field valves and associated oil field equipment. • Flood Hazard Information: The subject property is in flood zone "C ", an area of minimal flooding and outside the 100 year floodplain. • Utilities: Water is available along the II-I-37 Frontage Road. The nearest wastewater line is located at Leopard Street and Southem Minerals Road approximately 700 feet away. • Transportation/Traffic Impact Study: The property will be served by IH -37 Frontage Road. The frontage road and main lanes of IH -37 are identified on the adopted Master Urban Transportation Plan as a Freeway. • Public Safety: a. Police: No impact. b. Fire: Rezoning is the first step in bringing the existing above ground storage tank up to health and safety codes. • Comprehensive Plan/Future Land Use: The future land use map recommends a light industrial use for the subject property. The existing light industrial use is consistent with the Comprehensive Plan. The 1,000 gallon above ground fuel storage tank is considered a heavy industrial use and therefore conflicts with the adopted plan map regarding this area. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as light industrial use. The subject property is located in the Port/Airport/Violet Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements as well as in the Port/AirportNiolet Area Development Plan to ensure consistency of zone change requests with the comprehensive plan: • Comprehensive Plan - Policy Statements a. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. -86- Agenda Memorandum Case No. 0708 -01 (Dan Henderson) Page 3 b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND EXISTING INDUSTRY. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively - priced industrially -zoned land for expansion should be supported. Staff Comment: A large amount of vacant land is currently zoned for industrial use in the city, with a significant amount located along I.H. 37 between Violet Road and Padre Island Drive. These areas are important, as they help provide sufficient industrially zoned land for existing and future industries. A primary land use concern is the location of industrial sites and the impact they have on abutting non - industrial uses. If industrial uses are introduced into non - industrial areas of the city, they must be designed with sufficient open space and other buffers to protect the safety, aesthetic, and monetary value of adjacent properties. • Port Airport Violet Area Development Plan (ADP) Policy Statements: The specific goal of the Port/Airport/Violet Area Development Plan is to promote redevelopment of under -used land and proper development of abundant vacant land in the area. Staff Comment: The promotion of light industrial activities is the land use goal for this portion of the Port/Airport/Violet area. Rezoning a very small portion of the area for a use that is an accessory to the main light industrial activities maybe considered consistent with the overall intent of the Comprehensive Plan. In addition, the very small portion of resultant "I -3" zoning and use will be buffered by a very large surround area of "1 -2" uses. Notification: Of the seven (7) 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 noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Bob Nix. AICP Assistant City Manager of Development Services FGM/bip Attachments: 1) Zoning Report 2) Planning Commission Minutes (August 6, 2008) 3) Ordinance PIM/Project Manager.__ SrCP /CP Planning Director H:\PLN- DIR \SHARED\Beverly\2008 CC\Jul'08 \0708 -01 AGENDAMEMO.doc -87- CITY COUNCIL ZONING REPORT Case No.: 0708 -01 City Council Hearing Date: September 16, 2008 Applicant: Dan Henderson, President, Doyle's Valves, Inc. Owner: Same as above. Representative: Gary W. Herring, Facilities Project Manager Address: 7404 Leopard Street Legal Description/Location: Being a 900 square foot tract of land, being out of the 4.769 acre tract of land as described in deed recorded in Document No. 1998047073, Official Records of Nueces County, Texas, said 900 square foot tract is out of Section 8, Range "V ", H. L. Kinney Sectionalized lands, Villarreal Grant, Nueces County, Texas, located at 7331 Leopard Street, generally located on the interior of the property at the northwest corner of Leopard Street and Southern Minerals Road. o ap N d en n • WCPS From: "I -2" Light Industrial District To: "I -3" Heavy Industrial District Area: 900 Square Feet Purpose of Request: To allow for the future installation and operation of a 1,000 gallon above ground fuel storage tank for the on site refueling of company vehicles. Area Development Plan: Port/AirportNiolet- The future land use map supports light industrial uses on and around the subject property. "I -3" District is considered heavy industrial and a change of zoning to an "I -3" District would be inconsistent with the future land use map. A modification to the Plan would be required with a change of zoning to the "I -3" District. Map No.: 055046 Zoning Violations: No citations have been issued but the rezoning request is for the purpose of bringing the existing above ground storage tank into compliance with the Zoning Ordinance. Staffs Summary: • Request: The applicant is requesting a change of zoning from "I -2" Light - Industrial District to "I- 3" Heavy - Industrial District providing for the operation of a 1,000 gallon above ground fuel storage tank site measuring 900.0 square feet in area. The proposed tank will allow for the on site fueling of company vehicles at Doyle's Valves. —88— Zoning Existing Land Use Future Land Use Site "I -2" Light- Industrial District Light - Industrial Light - Industrial North "I -2" Light - Industrial District Light - Industrial Light - Industrial South "1-2" Light - Industrial District Light - Industrial Light - Industrial East "I -2" Light- Industrial District Light - Industrial Light - Industrial West "I -2" Light - Industrial District Light - Industrial Light - Industrial Area Development Plan: Port/AirportNiolet- The future land use map supports light industrial uses on and around the subject property. "I -3" District is considered heavy industrial and a change of zoning to an "I -3" District would be inconsistent with the future land use map. A modification to the Plan would be required with a change of zoning to the "I -3" District. Map No.: 055046 Zoning Violations: No citations have been issued but the rezoning request is for the purpose of bringing the existing above ground storage tank into compliance with the Zoning Ordinance. Staffs Summary: • Request: The applicant is requesting a change of zoning from "I -2" Light - Industrial District to "I- 3" Heavy - Industrial District providing for the operation of a 1,000 gallon above ground fuel storage tank site measuring 900.0 square feet in area. The proposed tank will allow for the on site fueling of company vehicles at Doyle's Valves. —88— Zoning Report Case No. 0708 -01 - Dan Henderson Page 2 • Request: As part of the Doyle's Valves facility the applicant is requesting the zoning change on a 900 square foot area out of a 4.769 acre tract of land for an existing 1,000 gallon above ground fuel storage tank. The tank has been in use for the last seven to ten years and the rezoning will make the tank consistent with the zoning ordinance concerning an above ground fuel storage tank use. Doyle's Valves is an oil field equipment company that specializes in the assembly and re- manufacture of pressure control equipment for the oil and gas industry. The company has approximately 40 employees locally and has offices in Huntsville, Houston and Denver Colorado. • Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of light manufacturing uses, open storage, fabrication, warehousing, and wholesale distributing. The "1 -3" Heavy Industrial zoning district provides for heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -2" and "I -3" Districts include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. • Existing Land Uses: The 900 square foot subject property is located in the middle of a 4.769 acre tract of land currently used for open storage of oil field equipment, including pressure valves and other associated vehicles and equipment. The existing tank is used for fueling of equipment used on site only. Surrounding property is used for open storage of oil field valves and associated oil field equipment. • Flood Hazard Information: The subject property is in flood zone "C ", an area of minimal flooding and outside the 100 year floodplain. • Utilities: Water is available along the IH -37 Frontage Road. The nearest wastewater line is located at Leopard Street and Southern Minerals Road approximately 700 feet away. • Transportation/Traffic Impact Study: The property will be served by IH -37 Frontage Road. The frontage road and main lanes of 114-37 are identified on the adopted Master Urban Transportation Plan as a Freeway. • Public Safety: a. Police: No impact. b. Fire: Rezoning is the first step in bringing the existing above ground storage tank up to health and safety codes. • Comprehensive Plan/ Future Land Use: The future land use map recommends a light industrial use for the subject property. The existing light industrial use is consistent with the Comprehensive Plan. The 1,000 gallon above ground fuel storage tank is considered a heavy industrial use and therefore conflicts with the adopted plan map regarding this area. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. -89- Zoning Report Case No. 0708 -01 - Dan Henderson Page 3 • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as light industrial use. The subject property is located in the Port/Airport/Violet Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements as well as in the Port/Airport/Violet Area Development Plan to ensure consistency of zone change requests with the comprehensive plan: • Comprehensive Plan - Policv Statements a. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND EXISTING INDUSTRY. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively - priced industrially -zoned land for expansion should be supported. Staff Comment: A large amount of vacant land is currently zoned for industrial use in the city, with a significant amount located along I.H. 37 between Violet Road and Padre Island Drive. These areas are important, as they help provide sufficient industrially zoned land for existing and future industries. A primary land use concern is the location of industrial sites and the impact they have on abutting non - industrial uses. If industrial uses are introduced into non - industrial areas of the city, they must be designed with sufficient open space and other buffers to protect the safety, aesthetic, and monetary value of adjacent properties. • Port Airport Violet Area Development Plan (ADP) Policy Statements: The specific goal of the PortiAirport/Violet Area Development Plan is to promote redevelopment of under -used land and proper development of abundant vacant land in the area. Staff Comment: The promotion of Tight industrial activities is the land use goal for this portion of the Port/Airport/Violet area. Rezoning a very small portion of the area for a use that is an accessory to the main light industrial activities maybe considered consistent with the overall intent of the Comprehensive Plan. In addition, the very small portion of resultant "I -3" zoning and use will be buffered by a very large surround area of "1-2" uses. -90- Zoning Report Case No. 0708 -01 - Dan Henderson Page 4 Street R.O.W. Street Type (Urban Transportation Plan) Paved Section Volume (2006)* IH - 37 frontage Road - southbound F I- Frontage Road 400' ROW, 250' BB 600 ADT (west of N.P.1.D) Southern Minerals Road A2 - Secondary Arterial 100' ROW, 70' BB NA Plat Status: The subject property is not platted. Department Comments: • Continuation of the existing fuel tank use will help to support the existing light industrial uses. • Light industrial uses are consistent with the adopted Future Land Use Plan. • The fuel tank is buffered by surrounding light industrial out door storage uses. • The Fire Department has reviewed an approved the attached site plan. • The applicant is in agreement with the staff recommendation. Staff Recommendation: • Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light - Industrial District with a Special Permit for one (1) 1,000 gallon UL2085 above ground fuel storage tank subject to a site plan with the following conditions: 1. Uses: All uses allowed in the "I -2" Light Industrial District plus one (1) 1,000 gallon above ground UL2085 fuel tank. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. —91— Zoning Report Case No. 0708 -01 - Dan Henderson Page 5 Planning Commission Recommendation: Approval of Staffs recommendation. d El "CZ ad 0 Number of Notices Mailed — (5) within 200 foot notification area; (3) outside notification area Favor — 0 (inside notification area); 0 (outside notification area) *Opposition — 0 (inside notification area); 1 (outside notification area) (As of August 25, 2008) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. City Charter — Article V- Planning 11. Site Plan and Metes and Bounds —92— CASE # 0708 -01 1. NEIGHBORHOOD - 2006 AERIAL f// Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at wiavtcctexas.com Ue LOCATION MAP \ vueces Bay SUBJECT PROPERTY cu e City of Corpus Christi Preparedly MSS Department of Developmeta Services. CASE # 0708 -01 1. NEIGHBORHOOD - 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at r.4arr.cctexas.com City of Corpus Christi -95- .y SUBJECT PROPERTY 4 CASE # 0708 -01 2. NEIGHBORHOOD - EXISTING LAND USE m Estate Residential • ER m Light industrial • LI LDR Low Density Res. - LDR ® Heavy Industrial - HI Med Density Res. - MDR 11.1 Public Semi - Public • PSP - High Density Res. - HDR MIE Park Mobile Home - MH E Drainage Corridor • DC Vacant - VAC Dredge Placement - DP ro Professional Office - PO C Water IN Commercial - COM = Conservation /Preservation • CP SUBJECT PROPERTY LOCATION MAP rh ay 400t&s SUBJECT PROPERTY VAC 200 400 800 Feet Prepared By: MOB Department of Oevelopmenr Services CASE # 0708 -01 2. NEIGHBORHOOD - EXISTING LAND USE m LDR Estate Residential - ER Low Density Res. • LDR Med Density Res. • MDR _ High Density Res. • MDR - Mobile Home • MH Vacant • VAC Professional Office - PO - Commercial • COM P0 m WEN Light Industrial - LI Heavy Industrial • HI Public Semi - Public • PSP MIN Park Drainage Corridor - DC vt#4 Dredge Placement - DP Water EMI Conservation /Preservation • CP SUBJECT \PROPERTY Po ±p cn[s LOCATION MAP Er v City of Corpus Christi -99- LI 0 200 4001 800 Feet r— P paretl- By<-MB __ Department of Develo lopmen S bps CASE # 0708 -01 3. NEIGHBORHOOD - FUTURE LAND USE m El] Agricultural/Rural - AR - Tourist - TOR Estate Residential • ER ON Research /Business Park - RBP Low Density Res. - LDR m Light Industrial • Lt Med Density Res. • MDR ® Heavy Industrial - 1-11 High Density Res. • HDR - Public Semi - Public • PSP - Mobile Home - MH rI �'t3 -: -:; Park pxxrz Vacant - VAC Drainage Corridor - DC Professional Office - PO Dredge Placement - DP - Commercial - COM Water �C2 Conservation /Preservation - CP Transportation Pay Exl n=ng l ea Arterials ° °o Collectors — _.. Expressways _cz: Parkway Railroad PO SUBJECT \°ROPERTY 0 °o Y LOCATION MAP; a City of Corpus Christi -101- ry a> 400 FSS LI /J SUBJECT PROPERTY • tie • LI 200 CASE # 0708 -01 3. NEIGHBORHOOD - FUTURE LAND USE Agricultural/Rural - AR Tourist - TOR Estate Residential - ER Research/Business Park - RBP Low Density Res. - LDR © Light Industrial - LI m LDR ME Med Density Res. - MDR High Density Res. • HDR - Mobile Home - MH Vacant • VAC Professional Office - PO - Commercial • COM Transportation Plan Exisring Proposed Arterials — Collectors =___• Expressways __c7: Parkway -1-1-1-h1- Railroad Heavy Industrial - HI Public Semi - Public • PSP Park Drainage Corridor - DC Dredge Placement - DP Water Conservation /Preservation - CP 800 ea Feet .e LI Prepared By: MBB 0: oarsmen o /0e\elopment Services -103- ID B2LF INDUST TRACTS AL LEN 'B 1 4. Prepared Sy MBr Department of Developmenr Services. CASE # 0708 -01 4. SITE- 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at wbety cctexas. com LOCATION MAP SUBJECT \PROPERTY oeo c r .iw City of Corpus Chri sti -105- 15 IF 16 iH 11 13 2R 1K MID•GULFINDUST TRACTS 3E 30 3C 38 34 4A 48 4C 1 -2 4D MID• ULF INDUS\ ASSESSORS MAP 141 RA CTS 5F SUBJECT PROPERTY 8 4FOR. ASSESSORS MAP 141 0 100 200 .Feet H ` reCC FSS Prepared By' MSS Depammenr of Developmenr Services CASE # 0708 -01 5. SUBJECT PROPERTY 4.' Apartment House Gsls c( 4.1- .r arOnenl House }grin a :admen( House Cislna PE Professional Office District =T V arlmen4TwIn9 District 61 Ne ghbnbacd Business Distrrtt E1- IIeithbahoed Business DlseicI E ' Ea -lrosl Cosiness Dislrisl E-a Ban er Island E5510115 Dstml e -; Business Bstnal E -4 General Business D'uGCI E -i Plenary Business Cislntl E -< Pulliam Business Core District En - :nri =f Eea:h Design List F-R Farm Rural ionm HR H1aN1ic5l- Cutlun1 Landmark Be:er.atim II net industrial Dislnci Light Industrial District Head; Industrial Ballot Fuo Planned Unit Development P-10 Cne Famsv Duelling Nrtn3 P -IE One Family Dwelling Dish': P- IC One Fenn!, L.eellinu District R-_ BuitirIe Deelling District krn Ana Family Dwelling Cistrnl RE Residential Estate Di:NCI R-TH Townhouse 0; tiling District RP Special Permit T -1= Tla'_el Trailer Park District T- IS Llano lie litre•: Home Park 01.116 nIRiula.anred Fame - iubaislon Cisui;c SUBJECT \PROPERTY cc 0 0 J LOCATION MAP s E C of Corpus Christi -107- ALLEN ASSESSORS MAP 141 0 100 acr=Feet 4 c F`SS Prepared By: MB8 Oval-One r of 0 velopmenr Services CASE # 0708 -01 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP AG Overspent House UMW el LIMAS Industrial District AAA :Rampant House DislncI -= Light Industrial District 1 -3 Heat' Industrial GSntcl POD Planned Unit Develo.^inenl 9- is One Family Dselkng Distnct R- le One Family Dwelling Dstiict R- IC One Fames: Dwelling District R blulligle Dwelling District RA One Famine Dwelling District RE Residential Estate District R -TH Townhouse D`.MNllno District SP Special PNnnl T-14 Tavel Toiler Pars. Dislnn T -I1 I.lanutactuted Horne Pmt Distract T-1C Manufactured Hare Subdivision DIAHCt Apartment House DIAnc1 AS Professional 3-lere Dislntt sT Apartment- Tourist Dirineel F -1 Neighborhood &IAneSS Dlamct 1-1A Ilerglibothood Easiness Disnic B ] BaAalt Blrslness Distiia E -TA Bauiel Island Business Dislnsl E3 Business District Bel General Business DIVAN E:- Printar/ Business Distort Bo Primarl Easiness eon e District ID Corr us Christi Beach Design Dist. F -R Farm Rural District HC HISIgItd4C YIMdI LendmaiA Praiser-alien SUBJECT \PROPERTY Roper. G' :nary eh 2OO'bufee; r. :avcv 4 O• :aere rrnm l0. ^'Irsreil on 313narc attached o:. Re: ably table in apPOsgar. OCATION MAP -109- COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0708 -01 Name: Dan Henderson Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 7 Returned undeliverable: 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 1 Tuloso- Midway Supt., Dr. Cornelio Gonzalez — "Support staff's recommendation for I -2 with SP to allow the fuel storage tank." III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN -DIR \SHARED \Beverly\2008 PC\2008 Public Comments \0708 -0I .doc —111— FID TAXID_1 NAME_1 0 013000000802 MARWELL PROPERTIES LIMITE 1 013000000803 MARWELL PROPERTIES LIMITE 2 013000000804 MARWELL PROPERTIES LIMITE 3 013000000608 7404 LEOPARD STREET PROPE 4 027201410710 SOUTH TEXAS RAINBOW LTD FD' Additional Notifications outside 200 foot area FD5 City of Corpus Christi Fire Depann 805 City of Corpus Christi Economic Deus PA7 Port of Corpus Christi Authority Total of 7 notices mailed Dan Henderson Garry W. Henna Commissioner Bryan Stone Commissioner Rudy Garza Commissioner Javier Huerta Commissioner Evan J. Kelly Commissioner David Loeb Commissioner Johnny Martinez Commissioner Govind Nadkarni Commissioner James Skrobarczyk Commissioner John C. Tamez ADDRESS_1 ADDRESS2_1 CITY 1 51347 SAN FEUPE STE 2030 HOUSTON 5847 SAN FEUPE STE 2030 HOUSTON 5847 SAN FEUPE STE 2030 HOUSTON 7404 LEOPARD CORPUS CHRISM PARTNERSHIP P 0 BOX 5405 CORPUS CHRISTI ATTN: Chief Hook 2408 Leopard: Corpus Christi Attn: Iona Caballero 2401 Leopard St Corpus Christi Attn: Greg Brubeck 222 Power Sees Corpus CMisu Omer/Applicant 7404 Leopard St Corpus Christi Representative 7404 Leopard 5t Corpus Christi Law Office of R. aryl 71105. Staples. Corpus ChNU 8221 Michaux SI Corpus Christi Craton, Landreth. Kr 410 Peoples Sin Corpus Christi 15122 NaMwest Blvd Corpus Christi 921 North Chaparral Corpus Christi Harbor Hams II, Inc 5825 Betty Jean Corpus Christi 8105 Vaidemalllo Drive Corpus Christi 714 Oriole Corpus Christi 1323 Kinney Corpus Christi Nueces County Ownership List Case No. 0706-01 STATE_1 ZIP 1 LEGAL_1 F_AREA TX 77057 ALLEN B CAMERON IND PK 5 LT 613 2881.376102 TX 77057 ALLEN & CAMERON IND PK 5 LT BC 4931.370805 TX 77057 ALLEN E CAMERON IND PK 5 LTS 8D 86E 1055340754 TX 78409 ALLEN & CAMERON IND PK 5 LTS 6F THRU 60 10726.91278 TX 78465 ASSESSORS MAP 141 .186 AC OUT OF TR 7 KINNEY I ANDS 0 0 29073 06721 TX TX TX TX TX TX TX TX TX TX TX TX TX TX 78408 78408 78401 78409 78409 78413 78414 78401 78410 78401 78411 78414 78418 78401 % Case Y Subject Property AD 9.64% 0708 -01 0 18.98% 070602 1 36.30% 0708 -03 2 38.90% 0708 -04 3 0.00% 0708 -05 131634.3974 4 100.00% CNI - 95- ARTICLE 20. "1 -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "I -2" Light Industrial District. This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off - street loading and off - street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "B-5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD -code manufactured homes for resident watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals. Petroleum. Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone. and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beverage 02/08 -113- 1-2 02/08 - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dairy products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufacture Malt products manufacture (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Products Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels less than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, spikes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles. Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat -114- I -2 02/08 - 97- Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery milt Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yam, threads and cordage Wood and Paver Products Basket and hamper (wood, reed, rattan, etc.) Box and crate Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper mache products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposition building or center Fairgrounds Fur finishing Greenhouses, wholesale Industrial vocational training school, including internal combustion engines Kennels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (1) All outside storage shall be screened from view from the at -grade public right - of -way; (ii) The outside storage may not be located in the required minimum building setbacks. -115- I -2 - 9g- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive-in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy Toad vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "1 -2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (Ordinance No. 25534, 10/21/03) (1) The storage of explosives used for perforating or fracturing (freeing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20 -6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R -1B ", "R-2", "A -1 ", "A -1A ", or "A -2" residential district. 20 -6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -2 ", "A -1" "A- IA", or "A -2" residential district. 20 -6.03 Whenever any building in the "1 -2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 20 -6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not Tess than 100 feet from all required yard lines abutting a residential district. 02/08 1 -2 -116- (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20-7 Supplementary height and area regulations are contained in Article 27. 02/08 -117- 1 -2 - 87 - ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -5" Primary Business District. This district is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and requirements for off -street parking and loading are included in the regulations. Section 17 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 9) Any use permitted in the "3-4" General Business District except one - family or two-family dwellings unless the dwellings are ancillary to the main use and located in the same structure. Candy manufacture. Greenhouse or conservatory, commercial. Drug or pharmaceutical products manufacture. Laboratories, research and experimental. Millinery manufacture. Optical goods manufacture. On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN - REGULATIONS, - PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right-of-way. Wall signs may project into the public right-of-way for a distance of not more than twenty-four (24) inches with a clear height of nine (9) feet above the sidewalk and shall not extend above the height of the building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee, it shall not extend outside the line of the canopy or marquee and shall maintain a clear height of eight (8) feet between the sidewalk and the bottom of the sign. No portable sign is pennitted. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392, and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) Accessory buildings and uses. Section 17 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except for properties located east of U. S. Highway 181 and Upper Broadway Street where off - street parking is not required. (Ordinance 25390, 07/15/03) Section 17-4 Oft street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. 02/08 8-5 -118- - 88 - Section 17 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 17 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 17 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. Section 17 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -119- B-5 - 85 - ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-4" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "13-1" Neighborhood Business District. (2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. (3) Athletic field or baseball field. (4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. (5) ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08/28/01) 02/08 B-4 -120- - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Ares Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -IA" "R -1B", "RAC" "R -2", "A-1", "A -1A" or "A -2" residential district. 16 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -IA ", "R -1B ", "R -1C" "R -2" "A-1" "A-IA ", or "A -2" residential district. 16-5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 —121— - 49 - ARTICLE 12. `B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -I" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. (6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) (8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. ( 9) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (11) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales within a building containing less than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12 -4 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B -1 -122- - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -1C ", "R-2", "A-1", "A -1A" or "A-2" residential district. 12 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -113", "R -1C ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 -123- B-1 - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple - family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -IA" One - family Dwelling District. ( 2) Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple - family dwellings. ( 4) Boarding, rooming, and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. (6) Non -profit, religious, educational, and philanthropic institutions. (7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. (8) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. (9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB -124- - 48 - (b) There shall be no display from windows or doors; (c) There shall be no storage of' merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (17) Bed and breakfast (B &B) inn. (Ordinance 24566, 08/28/01) (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11 -4 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -125- AB - 25 - ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R-1A" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. (2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non-profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. ( 5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02/08 R -1A -126- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single- family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off- street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02 /08 -127- R -1A - 27 - Section 5-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -IA" District all Tots in platted subdivisions may comply with the lot area and yard requirements of the "R -IB" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -I A -128- - 100- ARTICLE 21. "1 -3" HEAVY INDUSTRIAL DISTRICT REGULATIONS Section 21 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "1 -3" Heavy Industrial District. This district provides for industrial operations of all types except that certain potentially hazardous industries are permitted only after public hearing and review to assure protection of the public interest and surrounding property and persons. Section 21 -2 Use Regulations. A building or premises shall be used only for the following purposes: Any use permitted in the "I -2" Light Industrial District except dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in item (2) below. ( 2) Dwellings or HUD -code manufactured homes for residential watchmen eand n�2take caretakers employed on the premises. On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 4) The following uses and any similar industrial uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than e minimum amount normally resulting from other uses permitted, and manufacture, compounding, processing, packaging, or treatment of the following products or similar products: Chemicals. Petroleum. Coal. and Allied Products 02/08 (1) ( 3) Adhesives Alcohol, industrial Bleaching products Bluing Calcimine Candle Cleaning and polishing preparations (non - soap), dressings, and blackings Dye -stuff Essential oils Exterminating agents and poisons Fertilizer (non - organic) Fuel briquettes Glue and size (vegetable) Ink manufacture from primary raw materials (including colors and pigments) Soap and soap products Clay. Stone. and Glass Products Abrasive wheels, stones, paper, cloth, and related products Asbestos products Brick, fire brick, and clay products -129- 1 -3 02/08 - 101- Concrete central mixing and proportioning plant Glass and glass products Graphite and graphite products Monument and architectural stone Pottery and porcelain products (coal fired) Refractories (other than coal fired) Sand -lime products Stone products Wall board and plaster, building, insulation, and composition flooring Food and Beverage Casein Cider and vinegar Distilleries (alcoholic), breweries, and alcoholic spirits (non - industrial) Flour, feed and grain milling storage Molasses Oils, shortenings, and fats (edible) and storage Pickles, vegetable relish, and sauces Rice cleaning and polishing Sauerkraut Sugar refining Metals and Metal Products Boat manufacture (over five tons) Boiler manufacture (other than welded) Brass and bronze foundries Forge plant, pneumatic, drop and forging hammering Foundries Galvanizing or plating (hot dip) Lead oxide Locomotive and railroad car building and repair Motor testing (internal combustion motors) Ore dumps and elevators Shipyard Structural iron and steel fabrication Wire rope and cable -130- 1-3 02/08 - 102- Textiles. Fibers. and Beddinv Bleachery Cotton wadding and linter Hair and felt products, washing, curing, dyeing Jute, hemp, and sisal products Linoleum and other hard surface floor covering (except wood) Nylon Oilcloth, oil treated products, and artificial leather Rayon Shoddy Wool pulling or scouring Wood and Pacer Products Charcoal and pulverizing Excelsior Paper and paperboard (from paper machines only) Sawmill (including cooperage stock mill) Wall board Wood preserving treatment Unclassified Industries Leather tanning and curing Rubber (natural or synthetic), gutta - percha, chicle, and balata processing Rubber tire and tube Shell grinding Storage battery (wet cell) Unclassified Uses Airports and landing fields Automobile wrecking, cars, and parts, storage, and sale, provided the following requirements are met: (1) The area must be sufficiently well screened so as to block from public view the wrecked cars and parts either stored or to be stored thereon; (2) There must be no advertising by the public display of wrecked cars or parts; and (3) The occupant of such area must comply with all laws, ordinances, and regulations having to do with health, welfare, and safety. The screening requirement must be met by the location and maintenance of a fence, shrubbery, or any reasonable substitute. However, where any part of such area is already adequately blocked from the view of the general public as a result of the surrounding terrain, neighboring industrial use or uses or any other condition, no additional screening shall be required for such part so long as such condition shall continue to serve said purpose. No advertising shall be allowed on said screening fences. Bag cleaning Coal pocket Junk and salvage storage, treatment, or baling (metal, paper, rags, waste, or glass) Railroad switching and classification yard, roundhouse, repair and overhaul shops Unclassified Uses (Continued) -131- 1-3 - 103- Oils, vegetable and animal (non - edible) and storage Paint, lacquer, shellac, and varnish (including colors and pigments, thinners, and removers) Roofing materials, building paper, and felt (including asphalt and composition) Salt tanning materials and allied products Sexually oriented business (Ordinance 22597, 06/11/96) Tar products (except distillation) Section 21 -3 Obiectionable Uses. The following uses, or manufacture, compounding, processing, packaging or treatment of the following products, having accompanying hazards, such as fire, explosion, noise, vibration, dust, or the emission of smoke, odor, or toxic gasses may, if not in conflict with any law or ordinance in the City of Corpus Christi be located in the "1 -3" Heavy Industrial District only after the location and nature of such use shall have been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit such buildings, structures, or uses until there has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. Within the area north of West Broadway and Nueces Bay Boulevard, this provision does not apply to an expansion of facilities on a tract now improved for such uses or an existing use. Chemical. Petroleum. Coal. and Allied Products Acids and derivatives Acetylene, generation and storage Ammonia Caustic soda Cellulose and cellulose storage Chlorine Coke oven products (including fuel gas) and coke oven products storage Creosote Distillation, manufacture, or refining of coal, tar asphalt, wood, and bones Explosives (including ammunition and fireworks) and explosives storage Fertilizer (organic) Fish oils and meal Glue, gelatin (animal) Hydrogen and oxygen Lamp black, carbon black, and bone black Nitrating of cotton or other materials Nitrates (manufactured and natural) of an explosive nature, and storage Petroleum, gasoline, and lubricating oil refining, and wholesale storage Plastic materials and synthetic resins Potash Pyroxylin Rendering and storage of dead animals, offal, garbage, or waste products Turpentine and resin Clay. Stone. and Glass Products Brick, firebrick, refractories, and clay products (coal fired) Cement, lime, gypsum, or plaster of Paris Minerals and earths: quarrying, extracting, grinding, crushing, and processing Food and Beverage 02/08 1 -3 -132-- - 104- Fat rendering Fish curing Slaughtering of animals Starch manufacture Metals and Metal Products Aluminum powder and paint manufacture Blast furnace, cupolas Blooming mill Metal and metal ores, reduction, refining, smelting, and alloying Scrap metal reduction Steel works and rolling mill (ferrous) Wood and Paver Products Match manufacture Wood pulp and fiber, reduction and processing Unclassified Industries and Uses Cotton ginning Cotton seed oil refining Hair, hides, and raw fur, curing, tanning, dressing, dyeing and storage Shell, dredging Stockyard Section 21 -4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 21 -5 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 21-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 21 -6.01 On the side of a lot adjoining a residential district there shall be a side yard of not Tess than 25 feet. 21 -6.02 When a lot abuts upon a residential district, a rear yard of not less than 25 feet is required. 21 -6.03 Whenever any building or structure in the "1 -3" Heavy Industrial District adjoins or abuts upon a residence district, such building or structure shall not exceed 50 feet in height unless set back one foot from all required yard lines abutting such residential district for each foot of additional height above 50 feet. 02/08 -133- 1 -3 - 105- 21 -6.04 Whenever any building or structure, including but not limited to a bird coop, eatery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -3" Heavy Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of a t least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 21 -7 Supplementary height and area regulations are contained in Article 27. 02/08 1 -3 -134- City Charter - Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The dty coundl shall establish comprehensive planning as a continuous governmental function In order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the dty to assure the most appropriate and benefldal use of land, water and other natural resources, consistent with the public Interest. See. 2. Organization of Planning Commission. A planning commission Is hereby established which shall consist of nine registered voters of the dty. The members of the commission shall be appointed by the dty council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the dty council for the remainder of the term. See. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the dty council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the dty council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the coundl on any amendments to the plan, and forward to the coundl comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the dty council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the dty In a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the dty council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing It such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. See. 4. The Comprehensive Plan. The dty council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's polities for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The —135— comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -136- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday August 6, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman John C. Tamez Atilano J. Huerta Johnny R. Martinez James Skrobarczyk Evon J. Kelly Govind Nadkarni David Loeb ABSENCES: None I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. by Vice - Chairman STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel Saldana, Special Services Robert Payne, AICP, City Planner Jay Reining, Assistant City Attorney Yvette Aguilar, Assistant City Attorney Beverly Lang- Priestley, Recording Secretary Garza. IV. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. Tabled Zoning a. Case No. 0708 -01 Dan Henderson: A change of zoning from an "I -2" Light Industrial District to an "I -3" Heavy Industrial District resulting in a change of' land use from light industrial to heavy industrial for an above ground fuel storage tank Being a 900 square foot tract of land, being out of the 4.769 acre tract of land as described in deed recorded in Document No. 1998047073, Official Records of Nueces County, Texas, said 900 square foot tract is out of Section 8, Range "V ", H. L. Kinney Sectionalized lands, Villarreal Grant, Nueces County, Texas, located at 7331 Leopard Street, generally located on the interior of the property at the northwest corner of Leopard Street and Southern Minerals Road. Mr. Robert Payne, Development Services, presented the above case via Power Point, stating this case was tabled from the Planning Commission Meeting of Just 23, 2008. Mr. Payne stated the request is for a change of zoning to allow for an above ground fuel storage tank. The applicant is Dan Henderson and the subject property is located on 1 -37 between Southem Minerals Road to the east, I -37 to the north and Leopard Street to the south. The property is currently zoned "I -2" Light Industrial District and the request is for an "1 -3" Heavy Industrial District. Mr. Payne stated the subject property is a 900 square foot tract of land out of a total 4.769 acre tract of land in order to accommodate an above ground storage tank. Mr. Payne stated the tank is in existence and when the Fire Department inspected the tank it was discovered it did not have the correct zoning. Mr. Payne stated the Light - Industrial zoning district provides for light manufacturing, fabrication, warehousing, and wholesale distribution. The Heavy- Industrial zoning district, in comparison, —137— Planning Commission Minutes August 6, 2008 Page 2 allows all industrial uses and some of those are considered to be objectionable uses which require a further approval by the Zoning Board of Adjustment. Therefore, if approved by the Planning Commission and City Council, the item will then go before the ZBA. Staff recommends denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "I -2" Light - Industrial District with a Special Permit for one (1) 1,000 gallon UL2085 above ground fuel storage tank subject to a site plan with the following conditions: 1. Uses: All uses allowed in the "I -2" Light Industrial District plus one (1) 1,000 gallon above ground UL2085 fuel tank. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Mr. Payne stated the reason for the recommendation is that "I -3" is not consistent with the Future Land Use Plan and this use is actually an ancillary use to the main "I -2" use. Mr. Payne added that the applicant will be required to submit a plat and the applicant is aware of this requirement. Seven public notices were mailed and zero were returned in favor or opposition. In response to Commissioner Skrobarczyk, Mr. Payne stated the entire property is 4.769 acres and is owned by the applicant. Mr. Payne stated access is from 1 -37 and Southern Minerals. Commissioner Skrobarczyk stated that he learned in a Unified Development Code (UDC) meeting that Special Permits were no longer going to be issued and Mr. Payne stated that Conditional Use Permits would take their place, and that Conditional Use Permits were more organized. Ms. Faryce Goode - Macon, Development Services, stated the UDC Base Zoning Group has decided to place the above ground fuel storage tank as a permitted objectionable use within the "I- 2", and will still require fire department approval. In response to Commissioner Martinez, Ms. Goode -Macon stated that the fire department will determine what type of tank is appropriate for certain fuels and then that tank can go in an "1 -2" or an "I -3 ". Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Loeb and was seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni not present. -138- Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DANIEL L. HENDERSON, MEMBER AND REGISTERED AGENT, 7404 LEOPARD STREET PROPERTY, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO A 900 - SQUARE FOOT TRACT OF LAND, BEING OUT OF THE 4.769 ACRE TRACT OUT OF H.L. KINNEY SECTIONALIZED LANDS, VILLARREAL GRANT, SECTION 8, RANGE "V ", FROM "1 -2" LIGHT INDUSTRIAL DISTRICT TO "I -2 /SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW ONE (1) 1,000 GALLON UL2085 ABOVE - GROUND FUEL STORAGE TANK, SUBJECT TO A SITE PLAN AND FOUR (4) 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 Daniel L. Henderson, Member and Registered Agent, 7404 Leopard Street Property, 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, August 6, 2008, during a meeting of the Planning Commission, and on Tuesday, September 16, 2008, 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 a 900 - square foot tract of land, being out of the 4.769 acre tract out of H.L. Kinney Sectionalized Lands, Villarreal Grant, Section 8, Range "V", located at 7331 Leopard Street, generally located on the interior of the property at the northwest corner of Leopard Street and Southern Minerals Road, from "I- 2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow one (1) 1,000 gallon UL2085 above - ground fuel storage tank, subject to a site plan, attached, and four (4) conditions. (Zoning Map 055046) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: H:\ LEG- DIR \Shared\Jay\ Agenda \2008 \9- 16 \ORD- zoning070B -01 Henderson -I -2- special permit.doc —139— Page 2 of 4 1. Uses: All uses allowed in the "1 -2" Light Industrial District plus one (1) 1,000 gallon UL2085 above - ground fuel storage tank. 2. Fire Department Approval: The above - ground fuel storage tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above - ground fuel storage tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 1.8 months of 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 35 -3 of the Zoning Ordinance of the City of Corpus Christi. 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 16th day of September, 2008. H:\ LEG- DIR \Shared\JayWgenda \2008 \9- 16 \ORD- zoning0708 -01 Henderson -I -2- special perrnit.doc —140— ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: September 8, 2008 - i R. Jay Reinin U First Assistant City Attorney For City Attorney Page 3 of 4 Henry Garrett Mayor, City of Corpus Christi H:\ LEG -DI R \Shared\Jay\Agenda\ 2008\ 9- 16 \ORD- zoning0708 -01 Henderson -I -2- special permit.doc —141— Page 4 of 4 Corpus Christi, Texas day of , 2008 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 Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG- DIR \Shared\Jay\Agenda \2006 \9- 16 \ORD- zoning0708Q11 nderson -I -2- special perrnit.doc ID GULF INDUST TRACTS ASSESSORS MAP 141 ASSESSORS MAP 141 SDO7S I PremodSy :STIR Swims CASE # 0708 -01 REQUESTED COUNCIL ACTION EXHIBIT A From: "I -2" TO: "I -2 /SP" ORDINANCE: -143- STATE OF TEXAS COUNTY OF NUECES Field Notes of a 900 square foot tract of land, being out of the 4.769 acre tract of land as described in deed recorded in Document No 1 998047073, Official Records of Nueces County, Texas, said 900 square foot tract is out pf Section 8 Range "V "Z H L. Kinney Sectionalized Lands, Villarreal Grant, Nueces County, exd ,and "said 90ti "square foot tract being more particularly described as follows: BEGINNING at a 5/8" iron rod set for the northwest corner of this tract, from WHENCE a 5/8" iron rod found for the northwest corner of the said 4.769 acre tract bears North 36 °37'57" West a distance of 407.82 feet; THENCE South 78 °04'42" East, a distance of 30.00 feet along the north line of this tract to a 5/8" iron rod set for the northeast corner of this tract, from WHENCE a 5/8" iron rod found for the northeast corner of the said 4.769 acre tract bears North 60 °23'04" East a distance of 286.80 feet; THENCE South 12 °26'22" West, a distance of 30.00 feet along the east line of this tract to a 5/8" iron rod set for the southeast comer of this tract, from WHENCE a 5/8" iron rod found for the southeast corner of the said 4.769 acre tract bears South 48 °59'36" East a distance of 384.95 feet; THENCE North 78 °04'42" West, a distance of 30.00 feet along the south line of this tract to a 5/8" iron rod set for the southwest corner of this tract, from WHENCE a 5/8" iron rod found for the southwest corner of the said 4.769 acre tract bears South 86 °20'07" West a distance of 228.61 feet; THENCE North 12 °26'22" East, a distance of 30.00 feet along the west line of this tract to the BEGINNING POINT of this tract, and containing 900 square foot of land, more or less. Note: Bearings are based on south line of said Allen & Cameron Industrial Park, Unit -5, as shown on map recorded in Volume 51, Pages 75 -76, Map Records of Nueces County, Texas; I, Ronald E. Brister, do hereby certify that this survey was this day made, on the ground of the property legally described herein and is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: June 06, 2008 Job No. R8067 —144— ' 07O8 ^01 PROPOSED REZONING AREA NUECES COUNTY, TEXAS (SEE ATTACHED LEGAL DESCRIPTION) SCALE r =100' MID -GULF NDUSTRIAL TRACTS VOLUME 44. PAGE 47 M.R.N.CT. FOUND S,t- OK/PROD LOT 5E LOT 5-B V LOT 5C LOT 51.3 FOUND III INON ROD ALLEN & CAMERON INDUSTRIAL PARK UNIT -5 VOLUME SI, PAGES 75.76 M.R.N.CT. LOT 4-D FOUND ST IRON ROD DIESPI STORAOR TANK POUND MP IRON ROD 900 SP P.O.E. LOT 4 -C MID -GULF INDUSTRIAL TRACTS VOLUME 44, PAGE 52 M.R.N,C.T. POUND M' IRON ROD LOT 4 -E LOT4 -A FOUNDS% IRON ROO LOT 2 -R MID.GIAF INDUSTRIAL TRACTS VOLUME 44, PAGES 54 -55 M.R.N.C.T. L1: S78'04'42•E 30.00' (MEAS) L2: 512•622W 30.00' (MEAS) L3: N78944tW 3000' (MEAS) 1.4: NIMBUS 3000' (MEAS) fi Bnster Surveying 4630 Janssen Drivc Corpus Christi, Texas 78411 361. 548 -9410 SURVEY DATE: JUNE 06. 2L08 TNO DIMRNYOI6 YIORW 088 Th In DINW Mq ARn POR THE IMO.,=LRAM MMIIOMH COWAN= 1 WNINCITON WIlHT16TMI6ACIIOMAPO 6WJ.NOrnR MEOW OPON PM ANYONE. POMO= YRASUIMPR RFHOWN ARP ?*a,Tnt MnWOY UNRTOTHO RIRIMTON AND MOM 00888814.70 CORNER MP TE W IAOATION. POUND SN IROIROOC AT ALL C01016111 MOW A3 HMO. I. RONALD 0888000. DDSIPAEDYOJIITFYTUTTxIS SURVEY WAS TES DAY MAD60N THE DR W IM OP TIE E PROPERTY LBOALLY 06CMS80 N®61H A14 1S CORRECT. ANDTNTTII68 ARE NO DUCIOWARORS.CO PKTF. SHORTAGESIN ARPA, BOUNDARY WOICOHFIJCIS. VLIIOLO ONCROAOMDNTE. OVURUSNMO OPIMPADV W HITS. EASWMEN S ORARAURO' 1110101 0? WAY. INCEPT AS SHOWN H MON AND SID PMPBRSY HAS ALC8810 AND PROM A OEDICATID ROADWAY COMM ASRIIOWN HEREON. JOB NO. R13067 RONALD R RRMSFER R.P.LS. 1405407 -145- p708 ^ 0 12 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 16, 2008) Case No. 0808 -01, David & Kacv Alexander: A change of zoning from an "A -1" Apartment House District to "F -R" Farm -Rural District resulting in a change of land use from vacant to agricultural on property described as a 7.93 acre tract of land, being out of the South one -half of Lot 32, Section 49, Flour Bluff and Encinal Farm and Garden Tracts Planning Commission & Staffs Recommendation (August 6, 2008): Approval of the "F -R" Farm- Rural District. Requested Council Action: Approval of the "F -R" Farm- Rural District. Staffs Summary: • Request: The applicant has requested that the 7.93 acres be rezoned from "A -1" Apartment District to a "F -R" Farm and Rural District in order to allow for the raising of live stock. Rezoning to the "F -R" District may allow the applicant to obtain or continue an agricultural property tax exemption on the subject property. • Zoning: The purpose of the "A -1" Apartment House District is to provide for medium density apartments with a maximum density of 21.78 units per acre. The "A -1" District requires a 20 foot front yard setback and a 10 foot side and rear yard setback for one story multi - family uses with an additional 5 foot per additional story up to 30 feet. Maximum height of structures is limited to 45 feet / three stories. • The purpose of the "F -R" Farm and Rural District is to provide for agricultural uses. The "F -R" District does not have any setback requirements or height limitations. Density is restricted to one dwelling per five acres. • Existing Land Uses: The subject property is currently vacant land which surrounds a single family dwelling on a one acre lot. Surrounding properties are generally vacant and undeveloped except for a single family dwelling to the west and to the north. • Utilities: Water 12 inch water line is available on Flour Bluff Drive and an 8 inch water line is available on Glenoak Drive. Wastewater lines are not adjacent to the property. The nearest gravity wastewater line is located in Retta Street approximately 1,000 east of the property. A wastewater forced main is located approximately 600 feet north of the subject property. • Transportation: The subject property is adjacent to Flour Bluff Drive a designated Minor A -1 Arterial Street with five lanes and Glenoak Drive a designated Minor C -1 Collector Street with two lanes. Currently, Flour Bluff Drive and Glenoak Drive are not fully improved and only contain two moving lanes in a non -curb and gutter rural road cross section. Improvement to these two streets is in the unfunded list of long range projects in the City's Capital Improvement Program. -149- Agenda Memorandum Case No. 0808 -01 (David & Kacy Alexander) Page 2 • Comprehensive Plan Consistency: The future land map recommends medium density residential uses. The very low density of the "F -R" District (one unit per five acres) is not consistent with the future land use plan map. The subject property is located in the Flour Bluff Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements as well as the Flour Bluff Area Development Plan to ensure consistency of zone change requests with the Comprehensive Plan: Corpus Christi Policy Statements: • LAND USE POLICIES - GENERAL f. THE DENSITY OF DEVELOPMENT IN AN AREA SHOULD BE- DIRECTLY RELATED TO THE DESIGN CAPACITY OF THE INFRASTRUCTURE. The master plans for water, drainage, streets, gas and wastewater are based on a projected density of commercial and residential development. Problems occur when the actual density of development exceeds projected levels. Therefore, the projected densities utilized in making these plans need to be based on a thorough and realistic analysis of growth patterns and actual market trends, with a built in margin of safety. Actual development should be monitored against these projections to point out potential problem areas well in advance. Staff Comment: Currently, infrastructure is not available to serve the planned density of development. In addition, the large lot development of the subject property is consistent with the development trend in this area as large lot development adjacent to the property on two sides. • POLICIES - RESIDENTIAL b. THE HOUSING AND POPULATION DENSITY OF THE CITY SHOULD RESPOND TO CHANGING MARKET TRENDS, CONSUMER PREFERENCES, ECONOMIC REALITIES, AND DESIGN TECHNOLOGY. Density Limits should be based on consumer preferences and current market conditions to provide tomorrow's renters and buyers the opportunity to have the housing of their choice. All ordinances and codes should be reviewed periodically to insure that they continue to meet the housing needs of today s market. Ranges of densities improve the affordability of housing, increase the cost effectiveness of services, and offer citizens the quality of life desired. Staff Comment: This policy points out that a wide range of housing choices, including large lot housing provides consumer housing choices. However, it should be pointed out that higher density development generally creates a better return to the City for financing city services. Flour Bluff Area Development Plan (ADP) Policy Statements: • Principal objectives: a. Protect the unique development pattern and environmental resources of the area. Objectives include: ➢ Protect the Cayo del Oso and Laguna Madre. ➢ Continue large lot development in the southwest quadrant to maintain the distinct atmosphere established by existing development and use. • Protect the environment through preservation and enhancement of environmentally sensitive areas. -150- Agenda Memorandum Case No. 0808 -01 (David & Kacy Alexander) Page 3 > Create a zoning district which will protect environmentally sensitive areas. > Preserve and enhance public access and recreational opportunities along the Laguna Madre and Cayo del Oso. Staff Comment: One of the plan objectives is to continue the large lot development in the area. Notification: Of the twenty -one (21) notices mailed to the surrounding property owners three (3) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Bob Nix, AICP Assistant City Manager of Development Services FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (August 6, 2008) 3) Ordinance PIM/Project Manager SrCP /CP Planning Director H:\PLN- D1R\SHARED\Beverly\2008 CC\Aug'08 \0808- 01AGENDAMEMO.doc -151- CITY COUNCIL ZONING REPORT Case No.: 0808 -01 City Council Hearing Date: September 16, 2008 Applicant & Legal Description Applicant: David and Kacy Alexander Owner: Same as applicant. Representative: Same as Applicant Address: 1354 Glenoak Drive Legal Description/Location: A 7.93 acre tract of land, being out of the South one -half of Lot 32, Section 49, Flour Bluff and Encinal Farm and Garden Tracts Zoning Request From: "A -1" Apartment House District To: "F -R" Farm and Rural District Area: 7.93 acres / 345,430.8 sf Purpose of Request: To allow for agricultural uses including raising of live stock. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "A -I" Apartment House District Vacant except for a garage, shed and a pond Medium Density Residential North "R -1B" One - Family Dwelling District Estate Residential Low Density Residential South "B-3" General Business District Vacant Commercial East "R -1B" One - Family Dwelling District Vacant Low Density Residential West "A -1" Apartment House District Estate Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The proposed rezoning to the F -R Farm and Rural District is not consistent with the adopted Future Land Use Plan designation of medium density residential uses. The "FR" District does not allow medium density residential uses (8 to 22 units per acre) as the minimum lot size is five acres per dwelling. The subject property is located in the Flour Bluff Area Development Plan Study area. Map No.: 037030 Zoning Violations: None —152— Zoning Report Case No. 0808 -01 Alexander - Flour Bluff Drive / Glen Oak Page 2 Staff's Summary: • Request: The applicant has requested that the 7.93 acres be rezoned from "A -1" Apartment District to a "F -R" Farm and Rural District in order to allow for the raising of live stock. Rezoning to the "F- R" District may allow the applicant to obtain or continue an agricultural property tax exemption on the subject property. • Zoning: The purpose of the "A -1" Apartment House District is to provide for medium density apartments with a maximum density of 21.78 units per acre. The "A -1" District requires a 20 foot front yard setback and a 10 foot side and rear yard setback for one story multi - family uses with an additional 5 foot per additional story up to 30 feet. Maximum height of structures is limited to 45 feet / three stories. • The purpose of the "F -R" Farm and Rural District is to provide for agricultural uses. The "F -R" District does not have any setback requirements or height limitations. Density is restricted to one dwelling per five acres. • Existing Land Uses: The subject property is currently vacant land which surrounds a single family dwelling on a one acre lot. Surrounding properties are generally vacant and undeveloped except for a single family dwelling to the west and to the north. • Utilities: Water 12 inch water line is available on Flour Bluff Drive and an 8 inch water line is available on Glenoak Drive. Wastewater lines are not adjacent to the property. The nearest gravity wastewater line is located in Retta Street approximately 1,000 east of the property. A wastewater forced main is located approximately 600 feet north of the subject property. • Transportation: The subject property is adjacent to Flour Bluff Drive a designated Minor A -I Arterial Street with five lanes and Glenoak Drive a designated Minor C -1 Collector Street with two lanes. Currently, Flour Bluff Drive and Glenoak Drive are not fully improved and only contain two moving lanes in a non -curb and gutter rural road cross section. Improvement to these two streets is in the unfunded list of long range projects in the City's Capital Improvement Program. • Comprehensive Plan Consistency: The future land map recommends medium density residential uses. The very low density of the "F -R" District (one unit per five acres) is not consistent with the future land use plan map. The subject property is located in the Flour Bluff Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements as well as the Flour Bluff Area Development Plan to ensure consistency of zone change requests with the Comprehensive Plan: Corpus Christi Policy Statements: • LAND USE POLICIES - GENERAL f. THE DENSITY OF DEVELOPMENT IN AN AREA SHOULD BE- DIRECTLY RELATED TO I HE DESIGN CAPACITY OF THE INFRASTRUCTURE. -153- Zoning Report Case No. 0808 -01 Alexander - Flour Bluff Drive / Glen Oak Page 3 The master plans for water, drainage, streets, gas and wastewater are based on a projected density of commercial and residential development. Problems occur when the actual density of development exceeds projected levels. Therefore, the projected densities utilized in making these plans need to be based on a thorough and realistic analysis of growth patterns and actual market trends, with a built in margin of safety. Actual development should be monitored against these projections to point out potential problem areas well in advance. Staff Comment: Currently, infrastructure is not available to serve the planned density of development. In addition, the large lot development of the subject property is consistent with the development trend in this area as large lot development adjacent to the property on two sides. • POLICIES - RESIDENTIAL b. THE HOUSING AND POPULATION DENSITY OF THE CITY SHOULD RESPOND TO CHANGING MARKET TRENDS, CONSUMER PREFERENCES, ECONOMIC REALITIES, AND DESIGN TECHNOLOGY. Density limits should be based on consumer preferences and current market conditions to provide tomorrow's renters and buyers the opportunity to have the housing of their choice. All ordinances and codes should be reviewed periodically to insure that they continue to meet the housing needs of today is market. Ranges of densities improve the affordability of housing, increase the cost effectiveness of services, and offer citizens the quality of life desired. Staff Comment: This policy points out that a wide range of housing choices, including large lot housing provides consumer housing choices. However, it should be pointed out that higher density development generally creates a better return to the City for financing city services. Flour Bluff Area Development Plan (ADP) Policy Statements: • Principal objectives: a. Protect the unique development pattern and environmental resources of the area. Objectives include: > Protect the Cayo del Oso and Laguna Madre. > Continue large lot development in the southwest quadrant to maintain the distinct atmosphere established by existing development and use. > Protect the environment through preservation and enhancement of environmentally sensitive areas. > Create a zoning district which will protect environmentally sensitive areas. > Preserve and enhance public access and recreational opportunities along the Laguna Madre and Cayo del Oso. Staff Comment: One of the plan objectives is to continue the large lot development in the area. —154— Zoning Report Case No. 0808 -01 Alexander - Flour Bluff Drive / Glen Oak Page 4 Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume Flour Bluff Drive A -1 Minor Arterial 80 feet with 40 feet of pavement no curb or gutter 95 feet, with 64 feet back of curb to back of curb None Available Glenoak Drive C -1 Minor Collector 60 feet with 24 feet of pavement no curb or gutter 60 feet, with 40 feet back of curb to back of curb None Available Plat Status: The subject property is not platted. Department Comments: • The streets and sanitary sewer system are not improved. Therefore, apartment land use density of 21.78 units per acre can not be achieved without significant off-site improvements. • Rezoning to the "F -R" District should be considered a good interim use for the property until the utilities are available and the market warrants development for higher density of development. Staff Recommendation: Approval of the "F -R" Farm and Rural District Planning Commission Recommendation: Approval of the "F -R" Farm and Rural District Number of Notices Mailed — 18 within 200 foot notification area; 2 outside notification area Favor — 3 (inside notification area); 0 (outside notification area) *Opposition — 0 (inside notification area); 0 (outside notification area); 0.0% opposed (As of August 25, 2008) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. City Charter — Article V- Planning 11. Site Plan and Metes and Bounds —155— CASE # 0808-01 - = NEIGHBORHOOD • 2006 AERIAL :Sumec: °roper, ' -"erer :0 • 7 for Neigneornot ' tilaL Jse 4/S0 a vailab e torexas c:or -157-- 2+41:uju_ V, a4tu SUBJECT PROPERTYI *erer ro Mau 2 for Nerghoorhooa Errsnng Lane Jse. Also avaifable ,.,r: ccrexas cor --CREEK .. LOCATION MAP -159- VAC 100 200 Feet 725/200p Prepared By: SFR, Department of DevetopmenrServiEer CASE # 0808 -01 2. NEIGHBORHOOD - EXISTING LAND USE m LDR Estate Residential. - ER Low Density Residential. • LDR Med Density Residential. - MDR High Density Residential. - HDR - Mobile Home • MH Vacant - VAC Professional Office - PO Commercial - COM Light Industrial • LI Heavy Industrial • HI - Public Semi - Public - PSP ES (LOCATION MAP( -161- CASE # 0808 -01 3. NEIGHBORHOOD - FUTURE LAND USE Agricultural/Rural - AR - Tourist - TOR Estate Residential - ER - Research /Business Park • RBP Low Density Res. • LDR ® Light Industrial - LI Med Density Res. - MDR ® Heavy Industrial - HI High Density Res. - HDR - Public Semi - Public • PSP Mobile Home • MH ME Park Vacant • VAC Mi Drainage Corridor - DC Professional Office - PO ,P) Dredge Placement - DP Commercial • COM C Water FPi9 Conservation /Preservation - CP Transportation Plan Cxisrng Proposed Arterials - -°m Collectors = .,,,,,,,. • Expressways -a= _. -.. _ Parkway H-4-H- Railroad -163- drilL7ii. ti zzszooe LL`0 Prepared By: SRR Departrnenr of D@veropmenrSeryhes CASE # 0808 -01 3. NEIGHBORHOOD - FUTURE LAND USE Agricultural /Rural • AR - Tourist - TOR Estate Residential - ER Research /Business Park • RBP Low Density Res. - LDR ® Light Industrial • LI Med Density Res. - MDR Heavy Industrial • HI High Density Res. • HDR Public Semi - Public • PSP Mobile Home - MH M Park Vacant - VAC Drainage Corridor - DC Professional Office • PO 11 Dredge Placement • DP Commercial - COM Q Water -•CF" Conservation /Preservation - CP Transportation Plan Existing Proposed ® Arterials -°® Collectors Expressways _,a-! Parkway +4-4-1-1 Railroad -165- r 11 ifGfalrL•`f Ii1t f1.1 PLACE Jslill? (411J43!= ?! s• 6S ER 3l.E U. .01'37 -. e CA #O :t: 4. SITE- 2006 AERIAL SUBJECT PROPERTY °eier: o Map 2 'or iveignborhooe 3xisrng Lane rise 41so avadaore St ....., ]crexas Corp 2REEHY. LOCATION MAP -167- R E T TA PLACEIPN R -1B /SP DIRKSEN TRACT SEABRE j Kef i'tl % %TA s 5ECj50 / -= i 0 - 100 200 -�VERMEULEN �oFeet AN TR 4/r CASE # 0808 -01 5. SUBJECT PROPERTY 725/200p Prepared By: SRR TRACT Dep\ em of Developr Services SUBJECT PROPERTY!" TREEHC LOCATION MAP g City of Corpus Chnsti -169- RE T TA PL A ;I% R -18 /SP SEN TRACT SEABREE BFeet SEC)50 17 "1"R•A / T ;n/ ME UL EN 1.15]008 Prepared By: SRR TRACT Deparrme nr of Deve op\r Servfes CASE # 0808 -01 6. SITE- EXISTING_ZONING,NOTICE AREA -B- OWNERSHIP >-1 Apartment House District -1 a Apartment House District 3parMSent HOUSe District -6 Prdesslmal Office CrsNic1 AT aFartnlent- TOUnsl District 61 Heiditalmd Business Drstnct 613 lle4IYROCOd Business District E -' Ba,3a3 Business DiSnicl GE+ Ranier Island Business District e -: Business CisIiin 64 Cameral BUSlness Cisrdct E -5 Primary Business OEsme B -•i s`r Business Pas Di snncl BD Corpus CM1nsli Beach Design Dist F-F Palm Rural District HC HISIOItCai-Cultural LanElnack Preser:atim i0 S:,.,n ,DD ugacr r'roperf i i Duff er 1 -1 1._ PER 8-IA R -18 6 R -: R Rs R-1 SP T-1 r -tom T -t6 1 Limited Industrial Distract (MIA Industrial pistol Heap Industrial C+stnct Planned Unit De•. elctment One Fanhily D- cling Dismct One Family Ravelling District One Family Dwelling Ramie Multiple Dwelling DisM[I One Fantllr Dwelling Distnct Residential Estate District Tannnouse Dwelling District Special Petmtl T10351 nailer Park Cinder Manufactured Hole Park District Manufactured Hone Seb* -ision Dianol 4O.rners:::mn,?CAYetedor, �y a-acred e:, re sn,p rehfe B! ocpose0Q SUBJECT PROPERTYI 'LOCATION MAP -171- COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0808 -01 Name: David & Kacy Alexander Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 21 0 I. Notices returned from within the 200 -foot notification area: Favor: 3 #13, 14, & 15, D & E Bluff Property, 5826 Bear Lane — No comments Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED\Beverly\2008 PC\2008 Public Comments \0808- 01.doc —173— -174— a ♦n• m ':::.. maWN�o mm�mmaWmraW + > gmVNNNNNNNNNNNNNN00 y • S !!!!!!!!!!!11111111 .. m o Ed C <8A�o0oo0000 >00 >00 >Az m w A y4$<SPPPmmNA mr2AmA mF111 0> R m C3jy mrm-m�mm i29b;2Z2Fm nccacc m D m i. flocm rnn Om0-i 0- m Pm m xzI1n119 Imm;1: 9Z 2x-'9 2A 2p S C22A 2 AO O' 132 �+0 -gym mp m00$OOT11O�11y zyOyOg »< 3� 6 9-I AAAD yAy>YV11�0m4m Om Ac 44 <ox> jx -mi P rr A 2 a 0 X1 !ISug° sndwo 0 �Xim1��cNi ym1�1 11�5 ;zeowgz 00 y0 222iAA'.Dmm z>1� y0»r jA 9.992izr2 �rz m^' 9mk9^ 0 ozE pi EzpSz 9 ZT m 4O A A k' am �" 0p O 0 oomr 0o nO A r0 Fm00 mm Om O A AA Z2 02 00 0> - m Fmm xF mx - O cc 0 O TT 'T TA A 0A A 8288888888888888°1'8 n AAAAAximmp y mmmmmommmmmmmmmommm 1 CC + 000000000 00NWWWWWW0 0000000000000000000 xxxxxxxxxx,xxxxxxxx DADAADAAADADAAAAAAD y- ml 7777777777777777777 lYNmll ml 22-ly-m9”14m1 4 0000 p�oo i 000 -Ja:0 &m 00NNUm& 006J0000 1� <WA000000 TTTTm OODD A� mmmmm00ororon0A�r T DZL22zzz occC Ssm1y1� pOn °nnAADDDXFm2D C m y g 1 D . I13 F S m 0000 i L/12 m m N YYn y4y m//m//��41mmCTOTTyO D4A�9A ymyDy4444TTTTT�:321m D4y n1y14- DiyPoPPPP2'y4D na mm mmmmmmmrOr'n 00'00000 mm m000n.. xym"1 mr-rr N F yy,m_mmmTTm' jay �mmaWN+AAADDr mro Fmmmmm 0000' Fro 'XXXX x00m0m' 0 m ZZZZZ s -1-1-1 . No $1 009000 N 4-01 -0144 a9 0>in& O00n> N Ho00r 0411 a0rm0 0 ',loom mmxx c o m -JN� N _. ,gym ■ m n ° mm'dm'otgi a 0 OyZ N _JN NN&J0m+in m N 1a CD O Wm- W00J +am.+m&Nu0V -.J N • 8omofo�me W000u,eow, 8m_10000UNmNmSm_mNW_mx �aaazazazeee ��x eaz az * ** a 10 mvm N .. W mmm.,mmaWN, ii . - 39 - ARTICLE 8. "A -1" APARTMENT HOUSE DISTRICT REGULATIONS Section 8-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "A -1" Apartment House District. This district provides for medium - density, multiple - family residence and is usable for construction of garden -type apartments in appropriate locations, or for conversion of existing dwellings to apartments in older sections of the city. Permitted community facilities are the same as for one - family dwelling districts. Section 8-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "12-1A" One - family Dwelling District. ( 2) Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Multiple- family dwellings. (4) Accessory buildings and uses. ( 5) A sign identifying all permitted uses, except for one and two - family dwellings, as follows: (a) Properties consisting of less than one hundred (100) feet of street frontage are permitted one (1), thirty (30) square foot wall identification sign which shall not utilize or incorporate flashing, moving, or intermittent illumination. In the event that a property is occupied by ten (10) or more multi- family units, one (1) ground or monument freestanding sign, which shall be set back at least ten (10) feet from the property line and shall not exceed ten (10) feet in height or twenty (20) square feet in area may be substituted in lieu of a wall sign. (b) Properties consisting of more than one hundred (100) feet of street frontage are permitted either one (1), forty (40) square foot wall identification sign, which shall not utilize or incorporate flashing, moving, or intermittent illumination or one (1), forty (40) square foot ground or monument freestanding sign per premise per street frontage. The freestanding sign shall be set back ten (10) feet from the property line and shall not exceed ten (10) feet in height and may be illuminated by ground lighting only and such lighting shall be directed away from traffic flow on the adjacent street(s). (c) In addition to the above, multi - family properties shall be permitted one (1) banner sign of an unlimited size on a temporary basis, not to exceed thirty days, once a year. (d) No portable sign is allowed in this district. ( 6) Assisted living facility. (Ordinance 24566, 08/28/01) ( 7) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (a) For properties developed with single - family, duplex, or townhome uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. 02/08 -175- A -1 (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. Section 8-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. Section 8-4 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 8-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24. Section 8-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 A -1 -176- - 25 - ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "It -1A" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. 02/08 ( 2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving; or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26-11. Nonconforming Sims of this Zoning Ordinance. (5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. -177- R -1A - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not Tess than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off -street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Olt- street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 R -1 A -178- - 27 - Section 5 -5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -1 A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -IB" District as minimum requirements. Section 5 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -1A -179- - 19 - ARTICLE 4A. "F -R" FARM -RURAL DISTRICT REGULATIONS Section 4A -I The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "F -R" Farm-Rural District. The purpose of this district is: A. To permit the continued use of the land for agricultural property; B. To assist in the control of scattered commercial and industrial uses of the land. Section 4A -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Single - family dwellings, other than manufactured homes, for residences of owners and tenants, other members of their families, and their employees. (Ordinance 22851, 02/18/97) ( 2) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering of the crops growing on the premises. (Ordinance 22851, 02/18/97) (3) Field and truck crops. (4) Orchards and vineyards. (5) Greenhouses and nurseries. ( 6) Brush land and pasture land. ( 7) Livestock ranches, except swine, and guest ranches. ( 8) Sale and storage of hay and straw. ( 9) Oil and gas wells and appurtenances. (10) Schools, colleges, churches, public parks, golf courses, and other similar public and semi- public uses. (1 1) Home occupations. (12) Railroad right -of -ways, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. (13) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04 /13/99) (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of faun or ranch products produced on the premises, provided only one such stand may be used on each farm or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non - illuminated sign not to exceed forty (40) square feet in area and not to exceed thirty -five (35) feet in height nor overhang or project into the public right -of -way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. 02/08 F -R -180- - 20 - (c) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (1) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box per premise. Only on sign per street frontage is allowed. (2) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (3) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 09/11/01) Section 4A -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. For temporary sales stands permitted in this district, there shall be a minimum of five (5) off -street parking spaces provided and so arranged that ingress and egress to such spaces are from driveways approved by the Traffic Engineer of the City of Corpus Christi. Section 4A-4 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. For any use not contained in Article 23, no off - street loading regulations apply except that loading and unloading shall take place off any public right -of -way. Section 4A -5 Area Regulations. The lots in this area shall have an area of five (5) acres or more. Section 4A-6 Supplementary height and area regulations are contained in Article 27. 02/08 -181- F -R City Charter - Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organisation of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting In August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city coundl regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing It such information as is necessary in relation to Its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's polities for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The —182— comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable In order to further the above objectives. Each element of the comprehensive plan shall Include policies for its implementation and shall be implemented, In part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following Its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -183- STATE OF TEXAS COUNTY OF NUECES Field Notes of a 8.93 acre tract of land, being out of the South 1/2 of LOT 32, SECTION 49 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS as described in Volume A Pages 41 -43, Map Records of Nueces County, Texas, and said 8.93 acre tract being more particularly described as follows: COMMENCING at the southwest corner of Lot 32, and the intersection of the centerline of Flour Bluff Drive and the centerline of Glen Oak Drive; THENCE with centerline of Glen Oak Drive, South 61°27'06" East, a distance of 660.83 feet to a point; THENCE North 28°26'16" East, a distance of 30.00 feet to a 5/8" iron rod found in the northeast right of way of Glen Oak Drive, the west comer of the Kay Cruson 10.00 acre tract, said point also being the south comer of this tract, from WHENCE a 5/8" iron rod found for the south corner of the said Kay Cruson tract bears South 61 °27'06" East, a distance of 659.12 feet; THENCE with the northeast right of way of Glen Oak Drive, North 61 °27'06" East, at 135.03 feet pass a 5/8" iron rod set for the lower southeast comer of a 1.00 acre tract recorded in Volume 61, Page 112, Map Records of Nueces County, Texas, at 165.03 feet pass a 5/8" iron rod set for the lower southwest comer of said 1.00 acre tract, THENCE an additional 235.80 feet, a total distance of 400.83 feet to a 5/8" iron rod set for the lower southwest corner of this tract; THENCE with the northeast right of way of Glen Oak Drive, North 58 °55' 17" West, a distance of 100.06 to a 5/8" iron rod found for the upper southwest comer of this tract; THENCE with the northeast right of way of Glen Oak Drive, North 61 °37'09" East, a distance of 100.06 to a 5/8" iron rod set for the lower west corner of this tract and for a point of curvature of a curve to the right; THENCE along said curve to the right, having a radius of 20.00 feet and a central angle of 90 °03'53" a distance of 31.41 feet to a 5/8" iron rod set in the southeast right of way of Flour Bluff Drive for the point of tangency for this curve, and the upper west corner of this tract; THENCE with the southeast right of way of Flour Bluff Drive, North 28°26'12" East, a distance of 603.55 to a 5/8" iron rod set for the west corner of a 10.00 acre tract as recorded in Volume 1369, Page 472, Deed Records of Nueces County, Texas, also being the north corner of this tract, from WHENCE a 5/8" iron rod found for the north corner of said 10.00 acre tract bears North 28°26'12" East, a distance of 661.45 feet; THENCE with the southwest line of said 10.00 acre tract, South 61 °32'45" East, a distance of 620.83 feet to a 3/4" iron pipe found for the south corner of said 10.00 acre tract, the north comer of said Kay Cruson tract, and the east corner of this tract; THENCE with the northwest line of the said Kay Cruson tract, South 28 °26' 16" West, a distance of 628.65 feet to the BEGINNING POINT of this tract. and containing 8.93 acre of land, more or less. SAVE AND EXCEPT: A 1.00 acre tract described as Alexander Tract, Lot 1, recorded in Volume 61. Page 112, Map Records of Nueces County, Texas Note: Bearings are based on the centerline of Glen Oak Drive, as recorded in Volume 61, Page 112, Map Records of Nueces County, Texas I, Ronald E. Brister, do hereby certify that this survey was this day made, on the ground of the property legally described herein and is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: June 25, 2008 Job No. R8072 -184 - b'0s- D/ SURVEY OF 8.93 ACRES OUT OF THE SOUTH 1/2 OF LOT 32 SECTION 49 FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS NUECES COUNTY, TEXAS (SEE ATTACHED LEGAL DESCRIPTION) SCALE 1" = 150' FOUND 5/8' IRON ROD IGOE ACRE TRACT VOL 1369 P472 5611745/ 620.83' (MEASURED) FOUND 3/4' IRON PIPE E 603.55 (MEASURED Z SET 5/8" IRON ROD NOTE: THIS SURVEY DONE WIT/ OUT THE BENEFIT OF A SC.ffDU1E'A" AND W. S611706/ 620.83' (PLAT) 2. Z N611805 183.02' (PLAT) ALEXANDER TRACI LOT I VOL 61 P 112 11805'E 129.86' (PLAT) N6117061V 100.00 (PLAT) N6173719'W 100.06' (MEASURED) ‘5,1. — GLEN OAK F W AY 60' RIGFII OF WAY 2. L8: L7: C5: L5 OP Nsrss'ITW 100.06' (MEASURED) C2 r N58.3521'W 100.13 (PLAT) ( N61`2706/4 735.80' PLAT) N6117116'W 235.8' (MEASURED) SET 5/8" FOUND 5)8" IRON ROD IRON ROD n: L3 LI: N61•706'W 30.W (MEASURED) LI: N611706'W 30.00' (PLAT) 124 S281T54-W 64.W (PLAT) L3: N281T54/ 6450 (PLAT) U: N83'3214'E 37.54' (PLAT) L5: S851254'W 37.54' (PLAT) L6: N12•012YW 14247 (PLAT) L7: S12'O 2PE 168.14' (PLAT) ip: S6142S05'E 13.68' (PLAT) 1 re 1 F S RAV KRUSON 10.00 ACRE T TRACT F. a A '3 FOUND 5/8" IRON ROD C : N61•706'W 135.03 (MEASURED) N611706 -W 135.0 (PLAT) MEASURED CI: C1: L =31.41 L=31.41 R =19.98 R =20.00 0=9003'53' 0.8Y5901' Tan =20.00 Tan =19.99 PLAT C2 0: L =33.60 L =460 R =35.00 R -5.00 0=55'00' 0 =55100W T2.0418.22 Tan =2.60 0. L =5831 L =835 R =35.00 R =5.00 9= 95333T 0= 9538£' Tan 18.57 Tan= 5.52 Cif (A1 Buster Surveying 4630 Janssen Drive Corpus Christi, Texas 78411 361 - 548 -9410 THIS PROPERTY I5 LOCATED WHHIN ZONE , C DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT MAPS. COMMUNITY PANEL 485464 0318 C DATED JULY 18, 1985 AND Q 15 21 IS NOT LOCATED IN A DESIGNATED 100 YEAR FLOOD ZONE SURVEY DATE JULY 7, 2008 I. RONALD E MUSTER DO HEREBY CERTIFY THAT TH15 SURVEY WAS THIS DAY MADE ON THE GROUND OF THE PROPERTY LEGALLY DESGRIRED HEREIN AND 15 CORRECT: AND THAT THERE ARE NO DISCREPANCIES. CONFLICTS. SHORTAGES IN AREA. BOUNDARY LINE CONFICTS, VISIBLE ENIAOACHMFMS. OVERLAPPING OF IMPROVEMENTS. EASEMENTS OR APPARENT RIGHTS OF WAY. EXCEPT AS SHOWN HEREON. AND SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY ASS /SHHHOOOAWN0I HER EON . ny //,/�(/ /TG(�/ / /p, JOB NO. R8072 RONALD E BRISTER R.P.LS. N0.5407 —1Sb- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday August 6, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman John C. Tamez Atilano J. Huerta Johnny R. Martinez James Skrobarczyk Evon J. Kelly Govind Nadkarni David Loeb ABSENCES: None I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. by Vice - Chairman STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services /Planning Miguel Saldana, Special Services Robert Payne, AICP, City Planner Jay Reining, Assistant City Attorney Yvette Aguilar, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary Garza. IV. PUBLIC HEARING AGENDA ITEMS B. ZONING 2. New Zoning a. Case No. 0808 -01 David and Kacy Alexander: A change of zoning from an "A-1" Apartment House District to a "F -R" Farm -Rural District resulting in a change of land use from vacant to farm A 7.93 acre tract of land, being out of the South one -half of Lot 32, Section 49, Flour Bluff and Encinal Farm and Garden Tracts Mr. Payne presented the above case via Power Point, stating the applicant is David and Kacy Alexander and the subject property is located at the corner of Glenoak Drive and Flour Bluff Drive. Mr. Payne stated the current zoning is "A -1" Apartment House District and the request is for a change to "F -R" Farm -Rural District and the subject property is a 7.93 acre site. Mr. Payne stated the "A -1" Apartment House District allows for apartments and the "F -R" Farm -Rural District allows for large lot development, farm and rural uses. The subject property is currently vacant land and surrounds a single family dwelling on a one acre lot. The zoning request excludes the one acre lot with the single family dwelling. Mr. Payne stated the majority of the property surrounding subject property is vacant and Wastewater lines are not adjacent to the property. The nearest gravity wastewater line is located in Retta Street approximately 1,000 east of the property. A wastewater forced main is located approximately 600 feet north of the subject property. Mr. Payne stated that although the Future Land Use Plan calls for apartments, staff is recommending approval as an interim use. -186- Planning Commission Minutes August 6, 2008 Page 2 In response to Commissioner Skrobarczyk, the "F -R" calls for one house per five acres. In response to Commissioner Loeb, Mr. Payne confirmed that the rezoning is only for the property surrounding the residential one acre lot. Commissioner Loeb stated his concem with rezoning and allowing an agricultural exemption on sections of single family lots due to the possibility of other single family areas, such as Ocean Drive, requesting the same exemption in an attempt to lower their property taxes. Mr. Payne stated the Comprehensive Plan objective for the Flour Bluff area is continued large lot development, therefore, the request is consistent with the Comprehensive Plan. Mr. Payne stated the example set forth by Commissioner Loeb would not be consistent with the Comprehensive Plan and staff would not recommend approval of such a request. In response to Commissioner Loeb, Mr. Payne stated this area is not in the Waldron Field flight area, but is very close, which further supports staff recommendation. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Loeb and seconded by Commissioner Tamez. Motion passed unanimously with Commissioner Nadkarni not present. -187- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DAVID E. AND KACY D. ALEXANDER, BY CHANGING THE ZONING MAP IN REFERENCE TO 7.93 ACRES OUT OF THE SOUTH ONE -HALF OF LOT 32, SECTION 49, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "A -1" APARTMENT HOUSE DISTRICT TO "F -R" FARM -RURAL 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 conceming the application of David E. and Kacy D. Alexander, 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, August 6, 2008, during a meeting of the Planning Commission, and on Tuesday, September 16, 2008, 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 7.93 acres out of the south one -half of Lot 32, Section 49, Flour Bluff and Encinal Farm and Garden Tracts, resulting in a change of land use from vacant to agricultural, from "A -1" Apartment House District to "F -R" Farm - Rural District. (Zoning Map 037030) (Exhibit A) 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. H: \LEG -D I R \S ha red\Jay ■W genda \2008\9- 16 \ORD -zon ing0808 -01 Aleza nder -F -R. doc —188— 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 35 -3 of the Zoning Ordinance of the City of Corpus Christi. 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 16th day of September, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: September 8, 2008 c. R. Jay Reinir First Assistant City Attorney For City Attorney H: \LEG- DIR \Shared\Jay\Agenda \2008 \9- 16 \ORD- zoning0808 -01 Alexander- F -R.doc —189— Page 3 of 3 Corpus Christi, Texas day of , 2008 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. 1 /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 Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H: \LEG- DIR \Shared\Jay\ genda \2008 \9- 16\ ORD- zoningOBOB- 01Alexander- F -R.doc —1 9 0- CASE # 0808 -01 REQUESTED COUNCIL ACTION -191- STATE OF TEXAS COUNTY OF NUECES Field Notes of a 8.93 acre tract of land, being out of the South 1/2 of LOT 32, SECTION 49 FLOUR BLUFF AND ENC1NAL FARM AND GARDEN TRACTS as described in Volume A Pages 4143, Map Records of Nueces County, Texas, and said 8.93 acre tract being more particularly described as follows: COMMENCING at the southwest coiner of Lot 32, and the intersection of the centerline of Flour Bluff Drive and the centerline of Glen Oak Drive; THENCE with centerline of Glen Oak Drive, South 61 °27'06" East, a distance of 660.83 feet to a point; THENCE North 28 °26'16" East, a distance of 30.00 feet to a 5/8" iron rod found in the northeast right of way of Glen Oak Drive, the west comer of the Kay Cruson 10.00 acre tract, said point also being the south comer of this tract, from WHENCE a 5/8" iron rod found for the south comer of the said ICay Cruson tract bears South 61°27'06" East, a distance of 659,12 feet; THENCE with the northeast right of way of Glen Oak Drive, North 61°27'06" East, at 135.03 feet pass a 5/8" iron rod set for the lower southeast coma of a 1.00 acre tract recorded in Volume 61, Page 112, Map Records ofNueces County, Texas, at 165.03 feet pass a 5/8" iron rod set for the lower southwest coma of said 1.00 acre tract, THENCE an additional 235.80 feet, a total distance of 400.83 feet to a 5/8" iron rod set for the lower southwest coma of this tract; THENCE with the northeast right of way of Glen Oak Drive, North 58 °55'17" West, a distance of 100.06 to a 5/8" iron rod found for the upper southwest comer of this track THENCE with the northeast right of way of Glen Oak Drive, North 61 °37'09" East, a distance of 100.06 to a 5/8" iron rod set for the lower west comer of this tract and for a point of curvature of a curve to the right; THENCE along said curve to the right, having a radius of 20.00 feet and a central angle of 90 °03'53" a distance of 31.41 feet to a 5/8" iron rod set in the southeast right of way of Flour Bluff Drive for the point of tangency for this curve, and the upper west coma of this tract THENCE with the southeast right of way of Flow Bluff Drive, North 28 °26'12" East, a distance of 603.55 to a 5/8" iron rod set for the west corner of a 10.00 acre tract as recorded in Volume 1369, Page 472, Deed Records of Nueces County, Texas, also being the north comer of this tract, from WHENCE a 5/8" iron rod found for the north corner of said 10.00 acre tract bears North 28°26'12" East, a distance of 661.45 feet; THENCE with the southwest line of said 10.00 acre tract, South 61°32'45" East, a distance of 620.83 feet to a 3/4" iron pipe found for the south corner of said 10.00 acre tract, the north comer of said Kay Cruson tract, and the east comer of this tract THENCE with the northwest line of the said Kay Cruson tract, South 28°26'16" West, a distance of 628.65 feet to the BEGINNING POINT of this tract, and containing 8.93 acre of land, more or less. SAVE AND EXCEPT: A 1.00 acre tract described as Alexander Tract, Lot 1, recorded in Volume 61, Page 112, Map Records ofNueces County, Texas Note: Bearings re based on the centerline of Glen Oak Drive, as recorded in Volt>me 61, Page 112, Map Records ofNueces County, Texas I, Ronald E. Brister, do hereby certify that this survey was this day made, on the ground of the property legally described herein and is correct to the best of my knowledge and belief. Ronald E. Brister, RPLS No. 5407 Date: June 25, 2008 Job No. 82072 -192- ©O c9 - 0/ SURVEY OF 8.93 ACRES. OUT OF THE SOUTH 1/2 OF LOT 32 SECTION 49 FLOUR BLUFF AND ENaNAL FARM AND GARDEN TRACTS NUECES COUNTY. TEXAS (SEE ATTACHED LEGAL DESCRIPTION) SCALE 1' = 150` FOUND 5B' IRON ROD WOO ACME TRACT VOL 1301, 472 D.R,N.CT. 5613245'4 62An QWAAIRE3) S61•IUSE GOAT (PLAT) IA: N61370SW Su00 D.Q: sUR D) Lt: N613706'W IOW (RAT) L2 SL3T3VW 6434 (PIAI) 13: 122172WE NM (MAT) u: N!•3254t 3734• (PLAT) LE 5163274'8' 373e (PLAT) 14; N12011SW 14147 (PLAT) LT. SE2'0EI'E 1611e (P{AT) Lt 861•T0SE LW (PLAT) POUND 3N' IRON PIPE (PLAT) N6 11/1151V 18303• (RAT) F ALEXANDER TRACT LOT V01617112 KRAC.T. IN 56136TP'E 129JE (PLAT) SET 51V IRONROD� git 0 T3: LTi N61•706'W 100.0' N613TDTW 10D.P 'R®) NSYSSTTW 300.N• Q.ffJSURED) C2 NYl5119W 1001T (RAT) 4613706'0 733.60' CS: 4613706.0 2314 GkASURli) =t1 GLEN OAR DRIVE 6P RIGHT DPW/TV SET 5/8' POUND Sit /RONROD IRON ROD Ck 13: aS EAT MOON LS. C MOO ACRE TRACT FOUND 5/d' rIRON ROD N61310PW 13511E QffAIRED) N61'27069/ 15507 (RAT) NOTE 0=90m5T A. TIES SURVEYDONEPETE °MBE BENEFIT (2P. A SC®ULE V AND T. TvbfW. PLAT CI: CY O: C4: LED ,a1 5+5340 L=410 1=9337 R=2DDO 10435D3 R.5111 0460140E 0410007 o- 3sS06R RAT T4W<1199- 1AWa1t22 LTa2JY . :Ou.Y31 CS: L=635 R =500 D� Brister Surveying 4630 boos Drive Copts Cu R4 Tens 78411 361348-9410 MS PROPERTY LS LOCATED 9/lINW ZONE C DEFILED RY THE FEDERALEMRR NT 0378 MAPS. whammy PANG, DATED JULY 18. 1985 AND ❑ IS ® IS NOT LOCATED 6N A DESIGNATED 100 YEAR FLOOD ZONE SURVEY DATE JULY 7. 2008 L RONALD Lf1TIPADDIEEIDY CERTIFY NAT TIESSURVEY WA3DDSDAV MADE DNTEE OPDEND OTTER MUERTVLJOALLY D[3C1®1®ER1 AND 1909RECT:AV)THAT 111E AMC DRICREPANCEILCONFIICTS. s,owan IN AAYAJOVIAARY 12CE INCRONDOONTE O OV�dlAAOKi AF 001W EASEMENTS OR AFPARCIS MUG DP WAY.ID4®T AS SHOWN SMOCK ANDW.m PROPER,"RAS A SPND FRO4 D.TEDROADWAY TOEA ( )/ JY JOH NO. R8072 RONALD E ULSTER RFSS N0.5407 tarot- D/ -193- 13 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: September 16, 2008) Case No. 0808 -02, Kuhn Equipment Company: A change of zoning from an "I -2" Light Industrial District to an "I -3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial on property described as a 727.99 square foot tract of land out of Lot 4A, Block 4, Interstate Industrial Complex, located approximately 900 feet west of the 11-137 / Com Products Road intersection. Planning Commission & Staff's Recommendation (August 6, 2008): Denial of an "1 -3" Heavy Industrial District, and in lieu thereof, approval of an "I -2" Light - Industrial District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed in the "I -2" Light Industrial District plus one UL2085 above ground fuel tank not to exceed 10,000 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of 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: Approval of Planning Commission's & Staff's Recommendation. Stab's Summary: • Request: The applicant is requesting a change of zoning from "I -2" Light - Industrial District to "I -3" Heavy- Industrial District providing for the operation of a 10,000 gallon above ground fuel storage tank. The subject property for the tank is 727.99 square feet in area and within a 6.246 acre lot. The proposed tank will allow for the on site fueling of company vehicles. Since 1995 Kuhn Equipment Company has been a hydraulic crane rental services company. The site contains an office building, a shop building and a equipment storage yard with an existing above ground storage tank. The facility serves 30 crane operators and riggers that work offsite. • Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of light manufacturing uses, open storage, fabrication, warehousing, and wholesale distributing. The "I -3" Heavy Industrial zoning district provides for heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "1 -2" and "I -3" Districts include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. • Existing Land Uses: The 727.99 square foot subject property is located in the middle of a 6.24 acre lot containing two buildings and an equipment storage yard. Surrounding uses are either used for light industrial purposes or are vacant industrially zoned lands. -197- Agenda Memorandum Case No. 0808 -02 (Kuhn Equipment Co.) Page 2 • Flood Hazard Information: The subject property is in flood zone "C ", an area of minimal flooding and outside the 100 year floodplain. • Utilities: Water is available along the IH -37 Frontage Road. The property is serviced by an 8 inch wastewater line located along Leopard Street. • Transportation/Traffic Impact Study: The property will be served by the IH -37 Frontage Road. The frontage road and main lanes of IH -37 are identified on the adopted Urban Transportation Plan as a Freeway. • Public Safety: a. Police: No impact. b. Fire: Rezoning is the first step in bringing the existing above ground storage tank up to health and safety codes. • Comprehensive Plan/Future Land Use: The future land map recommends a light industrial use for the subject property. The existing light industrial use is consistent with the Comprehensive Plan. The 1,000 gallon above ground fuel storage tank is considered a heavy industrial use and therefore conflicts with the adopted plan map regarding this area. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as light industrial use. The subject property is located in the Port/AirportNiolet Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements as well as in the Port/AirportNiolet Area Development Plan to ensure consistency of zone change requests with the comprehensive plan: • Comprehensive Plan - Policy Statements a. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND EXISTING INDUSTRY. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively- priced industrially -zoned land for expansion should be supported. Staff Comment: A large amount of vacant land is currently zoned for industrial use in the city, with a significant amount located along I.H. 37 between Violet Road and Padre Island Drive. These areas are important, as they help provide sufficient industrially zoned land for existing and -198-- Agenda Memorandum Case No. 0808 -02 (Kuhn Equipment Co.) Page 3 future industries. A primary land use concern is the location of industrial sites and the impact they have on abutting non - industrial uses. The proposed use is buffered by existing surrounding light industrial uses. There is no impact on residential uses. • Port Airport Violet Area Development Plan (ADP1 Policy Statements: The specific goal of the Port/Airport/Violet Area Development Plan is to promote redevelopment of under -used land and proper development of abundant vacant land in the area. Staff Comment: The promotion of light industrial activities is the land use goal for this portion of the Port/Airport/Violet area. Rezoning a very small portion of the area for a use that is an accessory to the main light industrial activities may be considered consistent with the overall intent of the Comprehensive Plan. In addition, the very small portion of resultant "1 -3" zoning and use will be buffered by a very large surround area of "I -2" uses. Notification: Of the six (6) 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 noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Bob Nix, AICP Feri Assistant City Manager of Development Services FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (August 6, 2008) 3) Ordinance PIM/Project Manager SrCP /CP Planning Director H.\PLN- DIR \ SHARED \Beverly\2008 CC\Aug'08 \0808- 02AGENDAMEMO.doc -1 9 9- CITY COUNCIL ZONING REPORT Case No.: 0808 -02 City Council Hearing Date: September 16, 2008 Applicant & Legal Description Applicant: Kuhn Equipment Co. Owner: Mike Kuhn, Owner Representative: Same as owner. Address: 6485 IH 37 South Frontage Road Legal Description/Location: A 727.99 square foot tract of land out of Lot 4A, Block 4, Interstate Industrial Complex, located approximately 900 feet west of the II-137 / Corn Products Road intersection. Zoning Request From: "I -2" Light Industrial District To: "I -3" Heavy Industrial District Area: 727.99 square feet Purpose of Request: To allow for the future installation and operation of a 10,000 gallon above ground fuel storage tank for the on site refueling of company vehicles. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "I -2" Light - Industrial District Light - Industrial Light - Industrial North "I -2" Light - Industrial District Light- Industrial Heavy- Industrial South "I -2" Light - Industrial District Vacant Light - Industrial East "1 -2" Light - Industrial District Light - Industrial Light - Industrial West "I -2" Light - Industrial District Vacant Light- Industrial Area Development Plan: Port/Airport/Violet - The future land use map supports light industrial uses on and around the subject property. "I -3" District is considered heavy industrial and a change of zoning to an "I -3" District would be inconsistent with the future land use map. A modification to the Plan would be required with a change of zoning to the "I -3" District. Map No.: 053045 Zoning Violations: No citations have been issued but the rezoning request is for the purpose of 1 bringing the existing above ground storage tank into compliance with the Zoning Ordinance. Staffs Summary: • Request: The applicant is requesting a change of zoning from "I -2" Light - Industrial District to `9- 3" Heavy- Industrial District providing for the operation of a 10,000 gallon above ground fuel storage tank. The subject property for the tank is 727.99 square feet in area and within a 6.246 acre lot. The proposed tank will allow for the on site fueling of company vehicles. Since 1995 Kuhn Equipment Company has been a hydraulic crane rental services company. The site contains an office building, a shop building and a equipment storage yard with an existing above ground storage tank. The facility serves 30 crane operators and riggers that work offsite. —200— Zoning Report Case No. 0808 -02 Kuhn Equipment Co. - IH 37 / Com Products Road Page 2 • Zoning: The purpose of the "I -2" Light - Industrial zoning district is to provide for a wide variety of light manufacturing uses, open storage, fabrication, warehousing, and wholesale distributing. The "1 -3" Heavy Industrial zoning district provides for heavy manufacturing uses and potentially hazardous uses including the location of above ground fuel storage tanks. Storage of petroleum products is identified as an Objectionable Use in Section 21 -3 of the Zoning Ordinance. If the rezoning is approved, Section 21 -3 requires that the applicant apply to the Zoning Board of Adjustment for a special use exception (Section 29 -3.10) Setbacks required in the "I -2" and "1 -3" Districts include a minimum twenty (20) foot front yard setback and no side or rear yards setbacks unless adjacent to a residential district, then ten (10) feet is required. • Existing Land Uses: The 727.99 square foot subject property is located in the middle of a 6.24 acre lot containing two buildings and an equipment storage yard. Surrounding uses are either used for light industrial purposes or are vacant industrially zoned lands. • Flood Hazard Information: The subject property is in flood zone "C ", an area of minimal flooding and outside the 100 year floodplain. • Utilities: Water is available along the IH -37 Frontage Road. The property is serviced by an 8 inch wastewater line located along Leopard Street. • Transportation/Traffic Impact Study: The property will be served by the I1-1-37 Frontage Road. The frontage road and main lanes of IH -37 are identified on the adopted Urban Transportation Plan as a Freeway. • Public Safety: a. Police: No impact. b. Fire: Rezoning is the first step in bringing the existing above ground storage tank up to health and safety codes. • Comprehensive Plan/ Future Land Use: The future land map recommends a light industrial use for the subject property. The existing light industrial use is consistent with the Comprehensive Plan. The 1,000 gallon above ground fuel storage tank is considered a heavy industrial use and therefore conflicts with the adopted plan map regarding this area. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as light industrial use. The subject property is located in the Port/Airport/Violet Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements as well as in the Port/Airport/Violet Area Development Plan to ensure consistency of zone change requests with the comprehensive plan: • Comprehensive Plan - Policy Statements a. PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY INDUSTRIES. -201- Zoning Report Case No. 0808 -02 Kuhn Equipment Co. - IH 37 / Corn Products Road Page 3 In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. b. AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND EXISTING INDUSTRY. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively - priced industrially -zoned land for expansion should be supported. Staff Comment: A large amount of vacant land is currently zoned for industrial use in the city, with a significant amount located along I.H. 37 between Violet Road and Padre Island Drive. These areas are important, as they help provide sufficient industrially zoned land for existing and future industries. A primary land use concern is the location of industrial sites and the impact they have on abutting non - industrial uses. The proposed use is buffered by existing surrounding light industrial uses. There is no impact on residential uses. • Port Airport Violet Area Development Plan (ADP) Policy Statements: The specific goal of the PortiAirport/Violet Area Development Plan is to promote redevelopment of under -used land and proper development of abundant vacant land in the area. Staff Comment: The promotion of light industrial activities is the land use goal for this portion of the Port/AirportNiolet area. Rezoning a very small portion of the area for a use that is an accessory to the main light industrial activities may be considered consistent with the overall intent of the Comprehensive Plan. In addition, the very small portion of resultant "1-3" zoning and use will be buffered by a very large surround area of "1 -2" uses. Street R.O.W. Street Type (Urban Transportation Plan) Paved Section Volume (2006)* IH frontage - 37 fronts Road - southbound Fl- Freeway /Expressway Frontage Road 400' ROW, 250' BB 600 600 ADT (west of N.P.1.D) Corn Products 1 Al - Minor Arterial 95' ROW, 70' BB NA Plat Status: The subject property is part of a platted lot. Department Comments: • Continuation of the existing fuel tank use will help to support the existing light industrial uses. • Light industrial uses are consistent with the adopted Future Land Use Plan. • The fuel tank is buffered by surrounding light industrial out door storage uses. —202— Zoning Report Case No. 0808 -02 Kuhn Equipment Co. - IH 37 / Com Products Road Page 4 • The Fire Department has reviewed an approved the attached site plan. • The applicant is in agreement with the staff recommendation. Staff Recommendation: • Denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light - Industrial District with a Special Permit for one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons subject to a site plan with the following conditions: 1. Uses: All uses allowed in the "I -2" Light Industrial District plus one UL2085 above ground fuel tank not to exceed 10,000 gallons. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Planning Commission Recommendation: Approval of Staffs recommendation E; 0 Number of Notices Mailed — (6) within 200 foot notification area (4) outside notification area Favor — 0 (inside notification area); 0 (outside notification area) *Opposition — 0 (inside notification area); 0 (outside notification area) (As of August 25, 2008) Attachments: I. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. City Charter — Article V- Planning 11. Site Plan and Metes and Bounds —203— til i fl 4,1;1. �LIL tlid "F A � Ull, +u�f CASE # 0808 -02 1. NEIGHBORHOOD - 2006 AERIAL Refer ro Map = for Neighborhood Exrstno Land Use Also available 3[ vnV'd' cere :3S. corn 1rl .Devei CASE # 0808 -02 1. NEIGHBORHOOD - 2006 AERIAL Refer to Map 2 for Neighborhood Existing Land Use Aiso available a[ v✓WMN cctexas.corn C4- � // / (J 1.25/1008; Prepared By: SRRJ Depa ld of Development Services CASE # 0808 -02 1. NEIGHBORHOOD - 2006 AERIAL SUBJECT PROPERTY Refer to Map 2 for Neighborhood Existing Land Use Also available at MW CC!eYaS.COnf 'LOCATION MAP' Eta L / I Ilal -!) . C 'r ]'25/2008 !I retSe: 5RR nt Services CASE # 0808 -02 2. NEIGHBORHOOD - EXISTING LAND USE m LDR Estate Residential. - ER Low Density Residential. - LDR MIN Med Density Residential. - MDR - High Density Residential. - HDR - Mobile Home - MH Vacant - VAC Professional Office - PO - Commercial - COM Light Industrial - LI MO Heavy Industrial - HI Public Semi- Public - PSP -211- 400 800 Feet xzkio08 Preps ed BV :.SRR Department enr Services CASE # 0808 -02 3. NEIGHBORHOOD - FUTURE LAND USE n m LDR Agricultural /Rural • AR ® Tourist • TOR Estate Residential - ER ® Research/Business Park - RBP Low Density Res. • LOP 0 Light Industrial - LI Med Density Res. - MDR IM Heavy Industrial - HI High Density Res. - MDR - Public Semi•Public • PSP Mobile Home • MI-f Park Vacant • VAC Drainage Corridor • DC Professional Office • PO Dredge Placement - DP Commercial -COM Q Water Conservation /Preservation - CP Transportation Plan Ea sung Proposed Arterials ..° ® Collectors = re Expressways a Parkway +++r -+ Railroad 0 ACNE SUBJECT PROPERTY IM ill 1 '�. City f Corpus Christi 'LOCATION MAP -213- sal ili °L� r r'�tlU%iT12t_J L'\&Yi� INT£RSTATB,a,INO�.,,o7 - °- LEk'a" Refer to Mau 2 for Neighborhood Existing Land Use. Also available at nnavm.cctexas. con iy 37 SUBJECT PROPERTY /H KINNE Y ECTIONIZ D LAND ASSE IF Op A'40 0 Ff e100 F t B -4 4 88 SO EitS 1 -2 P 134 4A 0 j INTERSTATE IND COMPLEX (4) 2A 18 7 CASE # 0808 -02 5. SUBJECT PROPERTY z 6-A 98 2D i4' i4 5 -A 2C 0# rt Pre SRR Depa ( of Develop nt Service/ SUBJECT PROPERTY (LOCATION MAPI City of Corpus Christi -217- will111y1111111 KINNEY SECTI N)ZED LAND SUBJECT PROPERTY' 4A v I -2 1 0 INTERSTATE INDICOMPL EX 2D 88 9B A SESSORS MAP, BC 4$0, 04 0 100 P - eet 4 7 6 -A 2C g e 1 O p Cj B -4 Prepa : • By: MEW Department of DeVGIOR ntServices CASE # 0808 -02 6. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A -1 apartment House District 1 -1 Minded Industrial Dishicl A.I 4 Apanmenl House Dslncl 1-2 Light In Glshiol Dislncl specimen' House DCncl I -: Heavy IncIslrial District 4B Pootessimal ltce Rstna PUD Planned Unn De elopmenl AT - €atmenl- TCUnsI Di#nct 5- Is One Family Dwelling District B -1 1 eighbaboad B11snedS pslrict R- IB One Family Dwelling Dlslncl B -14 Ne4sbN hood Business Dub icl 17-1C Jim Family Dwelling District 8-0 Barhmt Busmess Dmincl e.2 Male Dwelling District Ei4 Emmet Island Business Cislncl Fa One Family Dueling Disllicl &. Business L %Ilia RE Residential Estate District 8-4 General Business [151111 R -TH Tm'nholse Dwelling District 8-5 Primary Business Cesmtl SF Special Permit 6-8 Mimeos Business Care Distill.' T.1s Travel cane, Park Diablo' ED Corpus Christi Beam Design Dist. T -18 Manufactured Honle Park Distils.' 5 -5 Farm Rural District d-te Manufactured Home Sabd..ision HC Hisio ical- wnural Landmai Disl1ic1 Preservation Propec-. C :,•ers - y cll buffer . a r 4 C a.; .:gnn, 200 iisled or �/ •DI:nai'1 attached J,,re!ship she n -:1 JDp0S1Nn L. soar' • \YY` ILOCATION MAPt -219- SUBJECT PROPERTY AG Itr E City of Corpus Christi COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0808 -02 Name: Kuhn Equipment Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 6 1 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 1 Homeowner's Association, HA8 5, Mike Pusley, "Support staffs recommendation for I -2 with Special Permit to allow the fuel storage tank." III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR \SHARED\Beverly\2008 PC\2008 Public Comments \0808- 02.doc —221— Pe/ley seapoN 9 -222- Carbon Plant Road, McKinzle Lane, McKinzie Roe §2• - 95- ARTICLE 20. "1 -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "1 -2" Light Industrial District. This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off - street loading and off - street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "B -5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD -code manufactured homes for resident watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals. Petroleum. Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone. and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beverage 02/08 1 -2 -223- 02/08 - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dairy products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing pemtitted) Macaroni and noodle manufacture Malt products manufacture (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Products Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels less than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (omamental) Machinery manufacture Nails, brads, tacks, spikes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles, Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat -224- 1 -2 - 97- Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yarn, threads and cordage Wood and Paver Products Basket and hamper (wood, reed, rattan, etc.) Box and crate Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper mache products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposition building or center Fairgrounds Fur finishing Greenhouses, wholesale industrial vocational training school, including internal combustion engines Kennels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (1) All outside storage shall be screened from view from the at -grade public right - of-way; (ii) The outside storage may not be located in the required minimum building setbacks. 02/08 1 -2 -225- - 98- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive -in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy load vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "1 -2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (Ordinance No. 25534, 10/21/03) (1) The storage of explosives used for perforating or fracturing (freeing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20 -6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R -1B ", "R-2", "A -1" "A -1A ", or "A -2" residential district. 20-6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R-1A", "R -1B ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 20 -6.03 Whenever any building in the "1 -2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 20 -6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. 02/08 1 -2 -226- - 99- (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20-7 Supplementary height and area regulations are contained in Article 27. 02/08 -227- 1 -2 - 87 - ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -5" Primary Business District. This district is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and requirements for off -street parking and loading are included in the regulations. Section 17 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "B4" General Business District except one - family or two-family dwellings unless the dwellings are ancillary to the main use and located in the same structure. ( 2) Candy manufacture. (3) Greenhouse or conservatory, commercial. ( 4) Drug or pharmaceutical products manufacture. (5) Laboratories, research and experimental. ( 6) Millinery manufacture. ( 7) Optical goods manufacture. ( 8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SION — REGULATIONS, - PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right -of -way. Wall signs may project into the public right -of -way for a distance of not more than twenty-four (24) inches with a clear height of nine (9) feet above the sidewalk and shall not extend above the height of the building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee, it shall not extend outside the line of the canopy or marquee and shall maintain a clear height of eight (8) feet between the sidewalk and the bottom of the sign. No portable sign is permitted. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392, and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 9) Accessory buildings and uses. Section 17 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except for properties located east of U. S. Highway 181 and Upper Broadway Street where off -street parking is not required. (Ordinance 25390, 07/15/03) Section 17 -4 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. 02/08 B-5 -228- - 88 - Section 17 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 17 -5.01 There shall be a side yard not Less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -18", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 17 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "11-1A ", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. Section 17 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -229- B-5 - 87 - ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -5" Primary Business District. This district is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and requirements for off -street parking and loading are included in the regulations. Section 17 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "B-4" General Business District except one - family or two-family dwellings unless the dwellings are ancillary to the main use and located in the same structure. (2) Candy manufacture. (3) Greenhouse or conservatory, commercial. ( 4) Drug or pharmaceutical products manufacture. (5) Laboratories, research and experimental. ( 6) Millinery manufacture. ( 7) Optical goods manufacture. ( 8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN -- REGULATIONS, - PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right -of -way. Wall signs may project into the public right -of -way for a distance of not more than twenty-four (24) inches with a clear height of nine (9) feet above the sidewalk and shall not extend above the height of the building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee, it shall not extend outside the line of the canopy or marquee and shall maintain a clear height of eight (8) feet between the sidewalk and the bottom of the sign. No portable sign is permitted. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392, and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 9) Accessory buildings and uses. Section 17 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except for properties located east of U. S. Highway 181 and Upper Broadway Street where off - street parking is not required. (Ordinance 25390, 07/15/03) Section 17-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. 02/08 B-5 -230- - 88 - Section 17 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 17 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 17 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. Section 17 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-5 -231- - 85 - ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "3-4" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the 13-1" Business District. ( 2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. (3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) (5) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. (7) Food storage lockers. - ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) (9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08/28/01) 02/08 B-4 -232- - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R -113 ", "R -IC" "R-2", "A -1" "A -1A ", or "A -2" residential district. 16 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -18 ", "R -1C" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 16 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 11.4 -233- - 49 - ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the `B -1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. ( 3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. ( 5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) ( 8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. ( 9) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (11) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales within a building containing less than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12 -4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B -1 -234- - 50 - 12-5.01 There shall be a side yard not Tess than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -1C ", "R-2", "A-1", "A -IA ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C ", "R -2 ", "A-1", "A -IA ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 B -I -235- - 49 - ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "13-1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. ( 3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. (4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) ( 8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. ( 9) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self-service Laundries. (I I) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales within a building containing Tess than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12 -4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B -1 -236- - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1 A" "R -1B ", "R -1C ", "R -2 ", "A -1" "A -1A ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not Less than ten (10) feet in depth on the rear of a lot adjoining an "R -IA ", "R -1B ", "R -IC ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 B-1 -237- - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple - family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -IA" One - family Dwelling District. ( 2) Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Multiple- family dwellings. ( 4) Boarding, rooming, and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non - profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. ( 8) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB -238- -48- (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11 -4 Off-street Loading Regulations. The off- street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB -239- - 25 - ARTICLE 5. "R -IA" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -1A" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( I) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. ( 2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. ( 5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovemmental public recreation, and community buildings. 02/08 R -1A -240- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single-family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off -street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 -241- R -1A - 27 - Section 5-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -1A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -242- R -t A City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function In order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and benefidal use of land, water and other natural resources, consistent with the public Interest. Sec. 2. Organization of Planning Commission. A planning commission Is hereby established which shall consist of nine registered voters of the dty. The members of the commission shall be appointed by the dty council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting In August and shall meet not Tess than once each month. Any vacancy in an unexpired term shall be filled by the dty coundl for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the dty coundl regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the dty council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the coundl comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the dty coundl regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the dty In a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the dty council on the city's annual budget and any capital improvement bond program. (b) The departments of the dty government shall cooperate with the planning commission in furnishing It such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the coundi and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the dty. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The —243— comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable In order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following Its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. —244— ENGINEERING hbr 15,E Job No. 11004.A8.00 Fabibit A Rescuing to 13 State of Tens County of Naecea Fieldstotes for the rezoning of an 727.99 square foot tract of land out of Lot 4A, Block 4, Interstate Industrial Complex, a map of which is recorded in Volume 58, Pages 39-40, Map Records ofNueces County, Texas; said tract being more fully descrlled by metes and bounds as follows: Commencing at a point on the south boundary of Interstate Highway No. 37, a public roadway, for the north corner of Lot 3, Block 4, Interstate Industrial Complex, a map of which is recorded in Volume 44, Pages 124-125, Map Records ofNueces County, Texas same being the east corny of said Lot 4A; Thence, South 10°43'46" West, along the common boundary of said Lots 3 and 4A, a distance of 260.86 feet Thence, North 79°16'14" West, perpendicular to the common boundary of said Lot 3 and 4A, a distance of 83.85 feet to the Point of Beginning for the northeast corner of this tract Bence, South 08°22'37" West, along the east boundary of this tract, a distance of 37.01 feet for the southeast corner of this tract; Thence, North 8P35'43" West, along the south boundary of this tract, a distance of 19.67 feet for the southwest comer of this tract' Thence, North 08°22'37" East, along the west boundary of this tract, a distance of 37.01 feet for the northwest corner of this tract; Thence, South 81°35'43" East, along the north boundary of this tract, a distance of 19.67 feet to the Point of Beginning and containing 72799 Square Feet of land. Bearings are based on the recorded plat of Interstate Industrial Complex, a map of which is recorded in Volume 58, Pages 39-40, Map Records of Names County, Texas. Unless this field notes description, including preamble, seal and signature, appears in its entirety, in its original form surveyor assumes no , :, for its accuracy. S Ejp; : 4,, • w IIrbu Eagieee Dan L. Urban, R.g.T..S. Leese No. 4710 (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI. TEXAS 78404 S:1 SurveyingU1004 41800t11004A800.doc www.urbaneng.com —245— FAX (361)854 -6001 Page 1 of 1 .win_ OZ MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday August 6, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman John C. Tamez Atilano J. Huerta Johnny R. Martinez James Skrobarczyk Evon J. Kelly Govind Nadkarni David Loeb ABSENCES: None I. CALL TO ORDER Garza. STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel Saldana, Special Services Robert Payne, AICP, City Planner Jay Reining, Assistant City Attorney Yvette Aguilar, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary A quorum was declared and the meeting was called to order at 5:31 p.m. by Vice - Chairman IV. PUBLIC HEARING AGENDA ITEMS B. ZONING b. Case No. 0808 -02 Kuhn Equipment Company: A change of zoning from an "I -2" Light Industrial District to an "I -3" Heavy Industrial District resulting in a change of land use from light industrial to heavy industrial for an above ground fuel storage tank A 727.99 square foot tract of land out of Lot 4A, Block 4, Interstate Industrial Complex Mr. Payne presented the above case via Power Point, stating the subject property is located on I -37 between Corn Products Road to the east, Leopard Street to the south and Southem Minerals Road to the west. The current zoning is "I -2" Light Industrial District and the request is for "I -3" Heavy Industrial District. The subject property is a crane company with outdoor equipment storage and is surrounded by light- industrial and vacant properties. The applicant has an existing 10,000 gallon above ground storage tank which does not meet code because it is located in an "I -2" District. Mr. Payne stated the Light - Industrial zoning district provides for light manufacturing, fabrication, warehousing, and wholesale distribution. The Heavy - Industrial zoning district, in comparison, allows all industrial uses and some of those are considered to be objectionable uses, such as this, which require further approval by the Zoning Board of Adjustment. Therefore, if approved by the Planning Commission, the item will then go before the ZBA. Staff recommends denial of an "I -3" Heavy Industrial District, and in lieu thereof, approval of an "1 -2" Light - Industrial District with a Special Permit for one (1) 10,000 gallon UL2085 above ground fuel storage tank subject to a site plan with the following conditions: —246— Planning Commission Minutes August 6, 2008 Page 2 1. Uses: All uses allowed in the "I -2" Light Industrial District plus one (1) 1,000 gallon above ground UL2085 fuel tank. 2. Fire Department Approval: The above ground fuel tank shall meet all Fire Department requirements. 3. Zoning Board of Adjustments Approval: The above ground fuel tank will not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Of the six public notices mailed, zero were returned in favor or opposition. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval of staff recommendation was made by Commissioner Tamez and seconded by Commissioner Martinez. Motion passed unanimously with Commissioner Nadkarni not present. —247— Page 1 of 4 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KUHN EQUIPMENT COMPANY, BY CHANGING THE ZONING MAP IN REFERENCE TO A 727.99- SQUARE FOOT TRACT OF LAND OUT OF LOT 4A, BLOCK 4, INTERSTATE INDUSTRIAL COMPLEX, FROM "1 -2" LIGHT INDUSTRIAL DISTRICT TO "I -2 /SP" LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR ONE (1) UL2085 ABOVE GROUND FUEL STORAGE TANK NOT TO EXCEED 10,000 GALLONS, SUBJECT TO A SITE PLAN AND FOUR (4) 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 Kuhn Equipment Company, 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, August 6, 2008, during a meeting of the Planning Commission, and on Tuesday, September 16, 2008, 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 a 727.99- square foot tract of land out of Lot 4A, Block 4, Interstate Industrial Complex, located approximately 900 feet west of the IH 37 /Corn Products Road intersection, from "1 -2" Light Industrial District to "I -2 /SP" Light Industrial District with a Special Permit to allow one (1) UL2085 above ground fuel storage tank not to exceed 10,000 gallons, subject to a site plan, attached, and four (4) conditions. (Zoning Map 053045) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following four (4) conditions: 1. Uses: All uses allowed in the "1 -2" Light Industrial District plus one (1) UL2085 above - ground fuel storage tank not to exceed 10,000 gallons. 2. Fire Department Approval: The above - ground fuel storage tank shall meet all Fire Department requirements. H:\ LEG- DIR \SharedUayAgenda\ 2008\ 9- 16\ ORD- zoningO808- 02KuhnEquipment- I- 2special permit.doc —248— Page 2 of 4 3. Zoning Board of Adjustments Approval: The above - ground fuel storage tank shall not be allowed without Zoning Board of Adjustment approval. 4. Time Limit: Such Special Permit shall be deemed to have expired within 18 months of 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 35 -3 of the Zoning Ordinance of the City of Corpus Christi. 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 16th day of September, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi H:\ LEG- DIR \SharedWayWgenda\ 2008\ 9- 16\ ORD- zoning0806- 02KuhnEquipment- I- 2special permit.doc -249- Page 3 of 4 APPROVED: September 8, 2008 ot..� -15^' R. Jay Reining First Assistant City Attorney For City Attorney H.\ LEG- DIR \Shared\Jay\Agenda\ 2008\ 9- 16\ ORD- zoning0808- 02KuhnEquipment- l- 2special perrnit.doc —250— Page 4 of 4 Corpus Christi, Texas day of , 2008 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 Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG- DIR \Shared\Jay\Agenda\ 2008\ 9- 16\ ORD- zoning0808- 02KuhnEquipment- I- 2special perrnit.doc -251- immenimmi SUBJECT PROPERTY KINNE Y $ECTIONIZ D LAND Fro : "1 -2" TO: "I -2 /SP" 1NTERSTAT IND COMPLEX CASE # 0808 -02 REQUESTED COUNCIL ACTION From: "1 -2" TO: " 1-2 /SP" ORDINANCE: afit 'LOCATION MAP' -253- 5128546001 SEP-26 -86 THU 18:41 URBAN " "'PEENING FAX N0. 512864600' MAO) 964•48144"E 4202' boa 2 t Poo SECTION O. Awoo.. Aw VII M. 1. Knee ttoazb' L.' 00 teA1ER. ICE a W IA NAY, ,aW ' 5' P. 03/03 i'bte /0'7 TgTE lik3N/AY 574.f6� 37 � 520.43, LOT 4A 6.2.111 ALRE'E. ZETA SC/T. / / / / LOT ee 5.019 ACTORS / 1S4.0S SQPT. / 4-10t1t. NO6.26055•W 19352' % i s e rp° / i 7 } h .,.,./ st / of v 4_• cYe 44 /9y�� ,. �4 Pp` NOTES: 1.) TOTAL PLATTED AREA CONTAINS 93111 ACRES Or LAND. 2.) w 1�A DEPICTED. ACQUIREMENT NE ME NNE OamIMNCE5 SUBJECT TC/= as 7NE 2ONTNG MAY CHANGE. .3.) SCAMP= BASED ON RECOICEO MAT Or INTERSTATE RCUSIRIIL COMPLEX. A MM Or %% nCN 6 RECORDED IN Naar .T_ noES TOP-110. MAP .waa p$ Of NUECES COUNTY. Toes. -254- f1' 1f al ef :fir �Vff _II . Ire) 1 1 a M. n 4' LOT RA. EL. INTERSTATE ICUs• vo_ 41. Pa`!. TAI oror v2 14 CITY COUNCIL AGENDA MEMORANDUM September 16, 2008 AGENDA ITEM: 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 Solid Waste Revenue Certificates of Obligation, Series 2008 in the aggregate principal amount of $12,000,000, and ordaining other matters relating to the subject. ISSUE: The City plans to issue up to $12,000,000 in Combination Tax and Revenue Certificates of Obligation, (Landfill Project). The Landfill Project certificates will be used for the purpose of paying contractual obligations relating to the construction of improvements to the City's solid waste facilities, as well as the payment of fiscal, engineering and legal fees incurred in connection with the certificates. REQUIRED COUNCIL ACTION: Approval of the Ordinance as presented. PREVIOUS COUNCIL ACTION: July 22, 2008 — City Council approved Resolution No. 027775 directing publication of notice of intention to issue Combination Tax and Revenue Certificates of Obligation, Series 2008 (Landfill Project). RECOMMENDATION: City Staff recommends approval of the ordinance providing for the issuance of City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008, in an amount not in excess of $12,000,000, and ordaining other matters relating to the subject. Constance P. Sanchez Interim Director of Financial Services Attachments: Copy of Draft Ordinance Preliminary Official Statement Dated August 20, 2008 —257— BACKGROUND INFORMATION The City plans to issue up to $12,000,000 in Combination Tax and Solid Waste Revenue Certificates of Obligation during the first quarter of fiscal year 2008 -2009. The landfill projects expected to be funded by the certificates will include the paying of contractual obligations to be incurred by the City with respect to the City's solid waste facilities, including, without limitation, paying contractual obligations to be incurred with respect to the development of the Cefe Valenzuela landfill in the vicinity of County Road 20 and Farm Road 2444, for the construction of municipal landfill waste disposal cells, internal roadways and pavement, cover systems, gas collection systems, equipment, drainage facilities, maintenance facilities, extension of the leachate collection and management system, liners, environmental monitoring equipment, and other improvements necessary to operate the landfill, and improvements to the J. C. Elliott landfill in the vicinity of State Highway 286 (Chapman Ranch Road) and State Highway 357 (Saratoga Boulevard) including construction of final cover systems, gas management system, ground water monitoring, transfer station improvements and equipment, scalehouse building improvements, internal roadways and pavement, and other improvements necessary to operate said facility, and the payment of fiscal, engineering and legal fees incurred in connection therewith. The City has included funding for these certificates in the fiscal year 2008 -2009 operating budget. The solid waste fees included in the fiscal year 2008 -2009 operating budget are anticipated to generate sufficient revenues to fund these certificates. —258— 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 SOLID WASTE REVENUE CERTIFICATES OF OBLIGA- TION, SERIES 2008, IN THE AGGREGATE PRINCIPAL AMOUNT OF $12,000,000, AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT WHEREAS, on the 22nd day of July, 2008, the City Council of the City of Corpus Christi, Texas (the "City" or the "Issuer ") 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 $12,000,000, 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 August 8, 2008 and August 15, 2008 in the Corpus Christi Caller- Times, a "newspaper" as described in Section 2051.044, Texas Government Code, in accordance with the provisions of Section 271.049 of the Texas Local Government Code ( "Section 271.049 "); and WHEREAS, no petition, signed by 5% of the qualified electors of said 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 I. AUTHORIZATION OF CERTIFICATES OF OBLIGATION. That the Certificates of Obligation to be issued by the City, designated the "City of Corpus Christi, Texas -259- Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008 ", are hereby authorized to be issued and delivered in the principal amount of $12,000,000, for the purpose of providing part of the funds for paying contractual obligations to be incurred by the City, to -wit: the construction of improvements to the City's solid waste facilities, including, without limitation, paying contractual obligations to be incurred with respect to the development of the Cefe Valenzuela landfill in the vicinity of County Road 20 and Farm Road 2444, for the construction of municipal landfill waste disposal cells, internal roadways and pavement, cover systems, gas collection systems, equipment, drainage facilities, maintenance facilities, extension of the leachate collection and management system, liners, environmental monitoring equipment, and other improvements necessary to operate the landfill, and improvements to the J. C. Elliott landfill in the vicinity of State Highway 286 (Chapman Ranch Road) and State Highway 357 (Saratoga Boulevard) including construction of final cover systems, gas management system, ground water monitoring, transfer station improvements and equipment, scalehouse building improvements, internal roadways and pavement, and other improvements necessary to operate said facility, 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 of Obligation initially issued and delivered pursuant to this Ordinance and all substitute Certificates of Obligation exchanged therefor, as well as all other substitute Certificates of Obligation and replacement Certificates of Obligation issued pursuant hereto, and the term "Certificate" 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, without interest coupons, dated September 1, 2008, in the respective principal amounts set forth in -260- 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 to the respective initial registered owners thereof (as designated in Section 18 hereof) upon the initial delivery of the Certificates, and thereafter to the registered assignee or assignees of the 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. For purposes of this Ordinance, the Certificates maturing on March 1, 20_ are hereby designated as "Tenn Certificates ". Section 3. REDEMPTION. (a) Optional Redemption. That the City reserves the right to redeem the Certificates maturing on or after March 1, 2019, in whole or in part, in the principal amount of $5,000 or any integral multiple thereof, on March 1, 2018, 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 Term Certificates are subject to mandatory sinking fund redemption prior to their scheduled maturities as provided in the FORM OF CERTIFICATES. (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 of the City and at the City's expense addressed to each such registered owner at its address shown on the registration books of the Paying Agent /Registrar and (ii) notice —261— 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. By the date fixed for any such redemption due provision shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption price for the 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 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 to the registered owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in this Ordinance. -262- Section 4. INTEREST. That interest on the Certificates shall be payable on March 1, 2009, and semiannually thereafter on September 1 and March 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 manner 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) The City shall keep or cause to be kept at the corporate trust office in Dallas, Texas (the "Designated Trust Office ") of The Bank of New York Mellon Trust Company, N.A. (the "Paying Agent/Registrar "), or such other bank, trust 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 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 substantially the form attached hereto. and as 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, -5- -263- 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 maybe 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 cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing the assignment ofsuch 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 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, if 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. (c) 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 —264— 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 same maturity date, bearing interest at the same rate, in any Authorized Denomination at the request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon 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 -265- 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 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 Certificate (the "Authentication Certificate "), 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 -8- -266- or any other body or person so as to accomplish the foregoing exchange or replacement of any Certificate or portion thereof; and the Paying Agent/Registrar shall provide for the printing, execu- tion, and delivery ofthe substitute Certificates in the manner prescribed herein. Pursuant to Chapter 1206, 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 of the 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 to 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 "). Neither 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 of business 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 such mailing, or (2) to transfer or exchange any Certificate so selected for redemption in whole when such redemption is scheduled to occur within 30 calendar days. (e) All Certificates issued in exchange or replacement of any other Certificate or portion thereof (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) may be 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. -267- (f) The City shall pay all of the Paying Agent/Registrar's reasonable and customary fees and charges for making transfers and exchanges of Certificates, 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 (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 Certificates, when due, and (ii) pay 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 of Paying Agent/Registrar 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/Regis- trar 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 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 -10- -268- 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. 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 "Series 2000 Certificates of Obligation" shall mean the City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2000, dated September 1, 2000, and currently outstanding in the aggregate principal amount of $2,045,000; the tenn "Series 2004 Certificates of Obligation" shall mean the City of Corpus -269- Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2004, dated July 1, 2004, and currently outstanding in the aggregate principal amount of $5,895,000; the term "Series 2005 Certificates of Obligation" shall mean the City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2005 (Landfill Project), dated June 1, 2005, and currently outstanding in the aggregate principal amount of $14,010,000; the term "Series 2006 Certificates of Obligation" shall mean the City of Corpus Christi, Texas, Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2006, dated May 1, 2006, and currently outstanding in the aggregate principal amount of $18,605,000; and the term "Code" shall mean the Internal Revenue Code of 1986, and any amendment thereto. Section 8. INTEREST AND SINKING FUND. That a special fund or account, to be designated the "City of Corpus Christi, Texas Series 2008 Combination Tax and Solid Waste 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 of the 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 of the Certificates shall be deposited, as collected, to the credit of the Interest and Sinking Fund During each year while any of the Certificates are outstanding and unpaid, the governing body of the City shall compute and as- certain 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 suffi- cient to raise and produce the money required to pay the interest on the Certificates as such interest -12- -270- comes due, and to provide a sinking fund to pay the principal of the Certificates as such principal ma- tures, but never less than 2% of the 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 taxable property in the City for each year while any of the Certificates are 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 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 to deposit into the Interest and Sinking Fund moneys as may be necessary to pay the first scheduled interest payment on the Certificates. Section 9. REVENUES. That the Certificates are additionally secured by and shall be payable from and secured by the revenues from the Issuer's Solid Waste System remaining after payment of all maintenance and operation expenses thereof, and all other obligations now or hereafter payable therefrom (including, without limitation, the Series 2000 Certificates of Obligation, the Series 2004 Certificates of Obligation, the Series 2005 Certificates of Obligation and the Series 2006 Certificates of Obligation), constituting "Surplus Revenues ". The Surplus Revenues are pledged by the Citypursuant to authority of Chapter 363, Texas Health and Safety Code, particularly Subchapter G thereof. The Issuer 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. Notwithstanding the requirements of Section 8, if Surplus Revenues are actually on deposit or budgeted for deposit in the Interest and Sinking Fund in advance of the time when ad -13- —271— valorem taxes are scheduled to be levied for any year, then the amount of taxes which otherwise would have been required to be levied pursuant to Section 8 may be reduced to the extent and by the amount of the Surplus Revenues then on deposit in the Interest and Sinking Fund or budgeted for de- posit herein. The City anticipates that the Surplus Revenues shall be sufficient to meet the annual debt service requirements of the Certificates and intends to use Surplus Revenues to pay such debt service. 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 of this issue in ample time to pay such items of principal and interest. 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. -14- —272— Section 12. DEFEASANCE 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 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 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 -15- -273- right to the owners of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. (b) Investment in Defeasance Securities. Any moneys so deposited with the Paying Agent/Registrar 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 Certificates 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 Agreement 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 ofthe 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 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, -16- -274- or 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 of Paying 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 13. 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 in the manner hereinafter provided. (b) Application for Replacement Certificates. That application for replacement ofdamaged, 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 famish 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 _17_ -275- case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. That notwithstanding the foregoing provisions of this Section, in the event any such Certificate shall have matured, and no default has occurred which is then continuing in the payment of the 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 Certificate) 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 Certificate 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, Texas Government Code, this Section of this 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 of the replacement of such Certificates is hereby authorized and imposed upon the Paying Agent /Registrar, and the Paying Agent /Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 5(a) of this Ordinance for Certificates issued in conversion and exchange of other Certificates. -18- —276— 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 of the Certificates as obligations described in Section 103 of 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 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 of more than 10 percent of the debt service on the Certificates, 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 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 $5,000,000, 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; -19- —277— (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; (f) 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(6)(2) of the Code) which produces a materially higher yield over the term of the Certificates, other than investment property acquired with -- (1) proceeds ofthe Certificates invested for a reasonable temporaryperiod 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 -20- -278- (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 of the "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 (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 of the Certificates. It is the understanding of the City 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 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 Code. 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 -21- -279- 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 by the City for the sole benefit of the United States of America, and the Rebate Fund shall not be subject to the claim of any 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 1 of this Ordinance (such purpose referred to herein and Section 16 hereof as a "Project ") on its books 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 ofnationally- 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 _22_ -280- 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 ofthe 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 17. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES. That the Mayor of the City is hereby authorized to have control ofthe 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 Attomey General, and their registration by the Comptroller. Upon registration of the Certificates the Comptroller (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Certificate attached to such Certificates, 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 of the 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 Underwriters. That the sale of the Certificates to Morgan Keegan & Co., Inc., as representative for the underwriters named in the Purchase Contract (the "Purchase Contract ") between the City and the underwriters named therein -23- -281- (the "Underwriters "), at the purchase price described in the Purchase Contract, is hereby authorized, ratified and confirmed. One Certificate in the principal amount maturing on each maturity date as set forth in Schedule I attached to this Ordinance shall be delivered to the Underwriters, and the Underwriters shall have the right to exchange such Certificates as provided in Section 5 hereof without cost. (b) Execution of Purchase Contract. That the Purchase Contract setting forth the terms of the sale of the Certificates to the Underwriters, in substantially the form attached to this Ordinance, is hereby accepted, approved and authorized to be delivered in executed form to the Underwriters. (c) Bond Insurance. The Mayor, City Manager and the Director of Fiscal Services each is authorized, in connection with effecting the sale of the Certificates, to obtain from (the "Insurer ") a municipal bond insurance policy in support of the Certificates. To that end, for so long as such policy is in effect, the requirements of the Insurer relating to the issuance of said policy is incorporated by reference into this Ordinance and made a part hereof for all purposes, notwithstanding any other provision of this Ordinance to the contrary. Section 19. APPROVAL OF OFFICIAL STATEMENT. That the "Official Statement" prepared in connection with the sale of the Certificates, in substantially the form attached to this Ordinance, is hereby accepted, approved and authorized to be delivered in executed form to the Underwriters. The use of the "Preliminary Official Statement" prepared in connection with the sale of the Certificates is hereby ratified. 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. -24- -282- "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 ofthe Rule from time to time. "Rule" means SEC Rule 15c2 -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 2008, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 19 ofthis Ordinance, being the information described in Exhibit B hereto. Any financial 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 provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. -25- -283- (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 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: 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 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 ht tp:. r.disclosureusa.org -26- -284- 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 Certificates 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 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 maybe relevant or material to a complete presentation ofthe City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell 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 _27_ —285— ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the City in observing or performing its obligations under this Section shall comprise a breach of or default under 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 or interpretations ofthe Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding 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 of the 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 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 of the Rule are invalid, but only if and to the _2g_ -286- extent that the provisions ofthis sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates. 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) the failure to make payment ofthe 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 reliefpermitted 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. -29- -287- (ii) 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 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 Certificates 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 Certificates 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 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, shall be charged personally by the registered owners with any liability, or be held personally liable to the registered owners under any term or provision of this Ordinance, or because of any Event of Default or alleged Event of Default under this Ordinance. -30- -288- Section 22. DTC REGISTRATION. That the Certificates initially shall be issued 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, New York, initially will act as depository for the Certificates. DTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of' the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the Securities Exchange Act of 1934, as amended, and the City accepts, but in no way verifies, such representations. The Certificates initially authorized by this Ordinance shall be delivered to and registered in the name of CEDE & CO., the nominee of DTC. It is expected that DTC will hold the Certificates on behalf of the Underwriters and their respective participants. So long as each 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. It is expected that DTC will maintain a book -entry system which will identify ownership of the Certificates in Authorized Denominations, with transfers ofownership being effected on the records of DTC and its participants pursuant to rules and regulations established by them, and that the Certificates initially deposited with DTC shall be immobilized and not be further exchanged for substitute Certificates except as hereinafter provided. 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. It shall be the duty of the DTC Participants, as defined in the Official Statement herein approved, to make all arrangements with DTC to establish this book -entry system, the beneficial ownership of the Certificates, and the method of paying the fees and charges of DTC. The City does -31- -289- not represent, nor does it in any way covenant that the initial book -entry system established with DTC will be maintained in the future. Notwithstanding the initial establishment ofthe foregoing book -entry system with DTC, if for any reason any of the originally delivered Certificates is duly filed with the Paying Agent /Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Certificates will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book -entry system will be maintained for such Certificates. In connection with the initial establishment of the foregoing book -entry system with DTC, 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; PREMIUM. That interest earnings derived fromthe 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. All premium received in connection with the sale of the Certificates shall be used in a manner consistent with the provisions of Section 1201.042, Texas Government Code. The City Council hereby finds that the sum of the aggregate principal amount of the Certificates and premium, if any, received as part of the purchase price for the Certificates to be expended for the construction of the permanent improvements set forth in Section 1 hereof will not -32- -290- exceed the maximum amount of Certificates authorized to be sold in the notice of intention published in connection with the sale of the Certificates. Section 24. CONFLICTING PROCEEDINGS. That all ordinances and resolutions or parts thereof in conflict herewith are hereby repealed. Section 25. OFFICIALS AUTHORIZED TO ACT ON BEHALF OF THE CITY. That the Mayor, the City Secretary, the City Manager, any Assistant City Manager or the Director of Financial Services of the City, 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 herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Certificates, the offering documents prepared in connection with the sale of the Certificates, 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 of such Certificate, 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. Section 26. RULES OF CONSTRUCTION. That for all purposes ofthis Ordinance, unless the context requires otherwise, all references to designated Sections and subsections are to the Sections and subsections ofthis 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 successors and assigns. References to any constitutional, -33- -291- statutory or regulatory provision means such provision as it exists on the date this Ordinance is adopted by the City and any future amendments thereto or successor provisions thereof. Any reference to the payment of principal in this Ordinance shall be deemed to include the payment of any mandatory sinking fund redemption payments as 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 of the 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., Govermnent Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the City Council. [Execution page follows] -34- -292- ADOPTED this 9th day of September, 2008. Mayor, City of Corpus Christi, Texas ATTEST: City Secretary, City of Corpus Christi, Texas (SEAL) APPROVED THIS 9TH DAY OF SEPTEMBER, 2008: MARY KAY FISCHER, CITY ATTORNEY -35- -293- SCHEDULE The Certificates shall mature on March 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 ($) 2010 190,000 2011 200,000 2012 210,000 2013 220,000 2014 230,000 2015 245,000 2016 255,000 2017 270,000 2018 280,000 2019 295,000 2020 310,000 2021 330,000 2022 345,000 2023 360,000 2024 380,000 2025 400,000 2026 420,000 2027 440,000 2028 465,000 2029 485,000 2030 510,000 2031 540,000 2032 565,000 2033 595,000 2034 625,000 2035 655,000 2036 690,000 2037 725,000 2038 765.000 -36- —294— INTEREST RATES (%) 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 SOLID WASTE REVENUE CERTIFICATE OF OBLIGATION SERIES 2008 MATURITY DATE INTEREST RATE ORIGINAL ISSUE DATE CUSIP September 1, 2008 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 Original Issue Date specified above, on March 1, 2009, and semiannually on each September 1 and March 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 March 1, 2009, such interest is payable semiannually on each September 1 and March 1 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 Mellon 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 by the Paying Agent /Registrar by United States mail, first -class postage prepaid, on each such in- terest payment date, to the registered owner hereof at its address as it appears on the Registration -295- 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 if 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 the Original Issue Date specified above, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $12,000,000 FOR THE PURPOSE OF PROVIDING PART OF THE FUNDS FOR PAYING CONTRACTUAL OBLIGATIONS TO BE INCURRED FOR THE CITY, TO -WIT: the construction of improvements to the City's solid waste facilities, including, without limitation, paying contractual obligations to be incurred with respect to the development of the Cefe Valenzuela landfill in the vicinity of County Road 20 and Farm Road 2444, for the construction of municipal landfill waste disposal cells, internal roadways and pavement, cover systems, gas collection systems, equipment, drainage facilities, maintenance facilities, extension of the leachate collection and management system, liners, environmental monitoring equipment, and other improvements necessary to operate the landfill, and improvements to the J. C. Elliott landfill in the vicinity of State Highway 286 (Chapman Ranch Road) and State Highway 357 (Saratoga Boulevard) including construction of final cover systems, gas management system, ground water monitoring, transfer station improvements and equipment, scalehouse building improvements, internal roadways and pavement, and other improvements necessary to operate said facility, and the payment of fiscal, engineering and legal fees incurred in connection therewith. ON MARCH 1, 2018, or on any date thereafter, the Certificates of this Series maturing on March 1, 2019 and thereafter may be redeemed prior to their scheduled maturities, 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 $5,000), at par and accrued interest to the date fixed for redemption. The years of maturity of the Certificates called for redemption at the option of the Issuer prior to stated maturity shall be -296- selected by the Issuer. The Certificates or portions thereof redeemed within a maturity shall be selected at random and by lot by the Paying Agent/Registrar; provided, that during any period in which ownership of the Certificates is determined only by a book entry at a securities depository for the Certificates, if fewer than all of the Certificates of the same maturity and bearing the same interest rate are to be redeemed, the particular Certificates of such maturity and bearing such interest rate shall be selected in accordance with the arrangements between the Issuer and the securities depository. THE CERTIFICATES are also subject to mandatory redemption in part by lot pursuant to the terms of the Certificate Ordinance, on March 1 in each of the years 20_ through 20_, with respect to Certificates maturing March 1, 20_, in the following years and in the following amounts, at a price equal to the principal amount thereof and accrued and unpaid interest to the date of redemption, without premium: Year Principal Amount ($) *Final Maturity To the extent, however, that Certificates subject to sinking fund redemption have been previously purchased or called for redemption in part and otherwise than from a sinking fund redemption payment, each annual sinking fund payment for such Certificate shall be reduced by the amount obtained by multiplying the principal amount of Certificates so purchased or redeemed by the ratio which each remaining sinking fund redemption payment for such Certificates bears to the total remaining sinking fund payments, and by rounding each such payment to the nearest $5,000 integral; 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, the particular Certificates to be called for mandatory redemption 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 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 (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 Certificate, and the Certificate Ordinance provides that the publication 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 Certificates. 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 Certificate 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 -297- 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 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 Certificate or any portion hereof. 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 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 Certificate Ordinance. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, 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 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 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 the Paying Agent/Registrar at its Designated Trust Office for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. Among other requirements for such 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 certificates 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. -298- 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 it 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 the "Surplus Revenues" (as defined in the Certificate Ordinance) of the City's Solid Waste System 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. IN 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. xxxxx XXXXX City Secretary, City of Mayor, City of Corpus Christi, Texas Corpus Christi, Texas (SEAL) -299- 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 MELLON TRUST COMPANY, N.A. By Authorized Representative -300- 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 of 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 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 Certificate of Obligation in every particular, without alteration or or enlargement or any change whatsoever. -301- *FORM OF COMPTROLLER'S CERTIFICATE ATTACHED TO THE CERTIFICATES UPON INITIAL DELIVERY THEREOF OFFICE OF COMPTROLLER REGISTER NO. STATE OF TEXAS I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General 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 (SEAL) the State of Texas NOTE TO PRINTER: "not to be on certificate —302— 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 (and included in the Appendix or under the headings of the Official Statement referred to) below: 1. 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 2. Appendix C, "Combined Financial Statements of the City of Corpus Christi, Texas for the Fiscal Year ended July 31, 2007. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in paragraph 2 above. -303- THE STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO CITY OF CORPUS CHRISTI I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 9th day of September, 2008, authorizing the issuance of $12,000,000 Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 9th day of September, 2008. (SEAL) City Secretary, City of Corpus Christi, Texas -304- PRELIMINARY OFFICIAL STATEMENT DATED SEPTEMBER_,, 2008 In the opinion of McCall, Parkhurst & Horton L.L.P., Bond Counsel, interest on the Certificates will be excludable from gross income for federal income tax purposes under statutes, regulations, published rulings and court decisions existing on the date thereof except as to matters described under "TAX MATTERS" herein, including the alternative minimum tax on corporations. NEW ISSUE - BOOK- ENTRY -ONLY Moody's: "Applied For" 812,000,000* S &P: "Applied For" City of Corpus Christi, Texas Fitch: "Applied For" Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008 (See "BOND INSURANCE" and "RATINGS" herein) Dated: September 1, 2008 Due: March 1, as shown on following page The City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008 (the "Certificates ") will be issued by the City of Corpus Christi, Texas (the "City" or the "Issuer "). The Certificates are being issued pursuant to the Constitution and general laws of the State of Texas, particularly the Certificate of Obligation Act of 1971, as amended, Subchapter C, Chapter 271, Texas Local Government Code, and an ordinance (the "Ordinance ") adopted by the City Council of the City (the "Council "). The Certificates am being issued to provide funds: (1) to make improvements to the City's Solid Waste System, including landfill site development and drainage improvements and (2) to pay the costs of issuance of the Certificates. The Certificates are general obligations of the City and ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest and principal become due, have been levied and ordered to be levied against all taxable property in the City, and have been pledged for such payment within the limits prescribed by law, and the Certificates are additionally secured by and payable from a lien on and pledge of the Surplus Net Revenues derived from the operation of the City's Solid Waste System after payment of all operation and maintenance expenses thereof, and other obligations now or hereafter payable therefrom. (See "THE CERTIFICATES - Security for the Certificates" and "EFFECT OF THE TAX RATE LIMITATION" herein.) Interest on the Certificates will accrue from the dated date of the Certificates and will be payable on March 1, 2009, and on each September 1 and March 1 thereafter until maturity or prior redemption. The City intends to utilize the Book -Entry-Only System of The Depository Trust Company ( "DTC "), but reserves the right on its behalf or on behalf of DTC to discontinue such system. Principal of the Certificates will be payable by the paying agent/registrar (the "Paying AgenURegistrar "), initially The Bank of New York Mellon Trust Company, N.A., Dallas, Texas. The definitive Certificates will be registered in the name of Cede & Co., as nominee of' DTC. Such Book -Entry-Only System will affect the method and timing of payment and the method of transfer relating to the Certificates. DTC will be responsible for distributing the principal and interest payments to the participating members of DTC and the participating members will be responsible for distributing the payment to the owners of beneficial interest in the Certificates. See "BOOK- ENTRY -ONLY SYSTEM" herein. So long as the Certificates are in Book -Entry-Only form, DTC is the securities depository therefor, Cede & Co., as nominee for DTC, will be the registered owner of the Certificates and references herein to registered owners shall mean Cede & Co. and not the beneficial owners of the Certificates. The City has made application to municipal bond insurance companies to have the payment of the principal of and interest on the Certificates insured by a municipal bond insurance policy. The City shall notify potential purchasers should the City obtain a commitment from a bond insurance company concerning this matter. The Final Official Statement shall disclose, to the extent necessary, any relevant information relating to this municipal bond insurance policy. The Certificates are subject to optional redemption prior to stated maturity. See "THE CERTIFICATES - Optional Redemption herein. Conditions To Delivery ... The Certificates are offered for delivery, when issued, to the initial purchasers thereof (the "Underwriters"), subject to the opinions of the Attorney General of the State of Texas and McCall, Parkhurst & Horton L.L.P., Bond Counsel for the City (see "LEGAL MATTERS" and "TAX MATTERS "). Certain legal matters will be passed upon for the City by the City Attorney and for the Underwriters by Fulbright & Jaworski L.L.P., San Antonio, Texas. It is anticipated that the definitive Certificates will be tendered for delivery through the services of DTC on or about October 2, 2008. MORGAN KEEGAN & CO, INC. FROST NATIONAL BANK Preliminary, subject to change. 80250741.5 —305— $12,000,000' CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SOLID WASTE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2008 STATED MATURITY SCHEDULE (Due March 1) CUSIP No. Prefix 220112 Principal Amount Stated Maturity Rate% Yield % CUSIP No. Suffixt» 2010 $190,000 2011 200,000 2012 210,000 2013 220,000 2014 230,000 2015 245,000 2016 255,000 2017 270,000 2018 280,000 2019 295,000 2020 310,000 2021 330,000 2022 345,000 2023 360,000 2024 380,000 2025 400,000 2026 420,000 2027 440,000 2028 465,000 2029 485,000 2030 510,000 2031 540,000 2032 565,000 2033 595,000 2034 625,000 2035 655,000 2036 690,000 2037 725,000 2038 765,000 (Accrued Interest From September 1, 2008 To Be Added) °'CUSIP numbers have been assigned to the Certificates by Standard & Poor's CUSIP Service Bureau, a Division of The McGraw Hill Companies, Inc., and are included solely for the convenience of owners of the Certificates. Neither the City, the Financial Advisor, nor the Underwriters shall be responsible for the selection or correctness of the CUSIP numbers set forth herein. Preliminary, subject to change. 80250741.5 -306- USE OF INFORMATION IN OFFICIAL STATEMENT For purposes of compliance with Rule 15c2 -12 of the United States Securities and Exchange Commission, as amended, and in effect on the date of this Preliminary Official Statement, this document constitutes a Preliminary Official Statement of the City with respect to the Certificates that has been deemed "final" by the City as of its date except for the omission of no more than the information permitted by Rule 15c2 -12. This Official Statement, which includes the cover page and the Appendices hereto, does not constitute an offer to sell or the solicitation of an offer to buy in any jurisdiction to any person to whom it is unlawful to make such offer, solicitation or sale. No dealer, broker, salesman or other person has been authorized to give any information, or to make any representations other than those contained in this Official Statement, and, if given or made, such other information or representations must not be relied upon as having been authorized by the City, the Financial Advisor, or the Underwriters. This Official Statement is not to be used in connection with an offer to sell or the solicitation of an offer to buy in any state in which such offer or solicitation is not authorized or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer or solicitation. Any information and expressions of opinion herein contained are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City or other matters described herein since the date hereof. THE UNDERWRITERS HAVE PROVIDED THE FOLLOWING SENTENCE FOR INCLUSION IN THIS OFFICIAL STATEMENT. THE UNDERWRITERS HAVE REVIEWED THE INFORMATION IN THIS OFFICIAL STATEMENT IN ACCORDANCE WITH THEIR RESPONSIBILITIES TO INVESTORS UNDER THE FEDERAL SECURITIES LAWS AS APPLIED TO THE FACTS AND CIRCUMSTANCES OF THIS TRANSACTION, BUT THE UNDERWRITERS DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. THE CERTIFICATES ARE EXEMPT FROM REGISTRATION WITH THE SEC AND CONSEQUENTLY HAVE NOT BEEN REGISTERED THEREWITH. THE REGISTRATION, QUALIFICATION, OR EXEMPTION OF THE CERTIFICATES IN ACCORDANCE WITH APPLICABLE SECURITIES LAW PROVISIONS OF THE JURISDICTIONS IN WHICH THESE CERTIFICATES HAVE BEEN REGISTERED, QUALIFIED, OR EXEMPTED SHOULD NOT BE REGARDED AS A RECOMMENDATION THEREOF. IN CONNECTION WITH THE OFFERING OF THE CERTIFICATES, THE UNDERWRITERS MAY OVER ALLOT OR EFFECT TRANSACTIONS THAT STABILIZE OR MAINTAIN THE MARKET PRICE OF THE CERTIFICATES AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. Neither the City, the Financial Advisor, nor the Underwriters make any representation as to the accuracy, completeness, or adequacy of the information supplied by The Depository Trust Company for use in this Official Statement. CUSIP numbers have been assigned to this issue by the CUSIP Service Bureau and are included solely for the convenience of the owners of the Certificates. Neither the City, the Financial Advisor, nor the Underwriters shall be responsible for the selection or the correctness of CUSIP numbers. 8025074 1.5 -307- TABLE OF CONTENTS STATED MATURITY SCHEDULE ii USE OF INFORMATION IN OFFICIAL STATEMENT iii CITY ADMINISTRATION SUMMARY STATEMENT vi SELECTED FINANCIAL AND TAX DATA viii INTRODUCTION I THE CERTIFICATES 1 SOURCES AND USES OF FUNDS 5 REMEDIES 6 BOND INSURANCE 6 REGISTRATION 6 BOOK - ENTRY -ONLY SYSTEM 7 AUTHORIZED BUT UNISSUED AD VALOREM TAX SUPPORTED BONDS 10 EFFECT OF THE TAX RATE LIMITATION 10 DEBT INFORMATION I I INVESTMENT POLICY 11 PAYROLL STATISTICS 14 ANNEXATION PROGRAM 15 LITIGATION 16 GASB 34 STATEMENT 16 LEGAL MATTERS 16 TAX MATTERS 17 LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS 20 RATINGS 20 CONTINUING DISCLOSURE OF INFORMATION 21 REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE 23 UNDERWRITING 23 FINANCIAL ADVISOR 23 INDEPENDENT ACCOUNTANTS 24 MISCELLANEOUS 24 FORWARD LOOKING STATEMENTS 24 AUTHORIZATION OF THE OFFICIAL STATEMENT 25 FINANCIAL INFORMATION A -1 CERTAIN INFORMATION RELATING TO THE CITY OF CORPUS CHRISTI B -1 FINANCIAL STATEMENTS OF THE CITY OF CORPUS CHRISTI, TEXAS C -1 OPINION OF BOND COUNSEL D -1 80250741.5 - iv - -308- City of Corpus Christi, Texas 1201 Leopard Corpus Christi, Texas 78401 (361) 880-3105 CITY ADMINISTRATION ELECTED OFFICIALS Mayor Henry Garrett Council Members Bill Kelly, District 1 John Marez, District 2 Priscilla Leal, District 3 Michael McCutchon, District 4 Larry Elizondo, Sr., District 5 Nelda Martinez, At Large Melody Cooper, At Large Mike Hummell, At Large CERTAIN APPOINTED OFFICIALS Name Position George K. Noel Angel Escobar Oscar Martinez Margie C. Rose Robert J. Nix, Jr. Cindy O'Brien Mary Kay Fischer Armando Chapa City Manager Interim Assistant City Manager Assistant City Manager Assistant City Manager Assistant City Manager Director of Financial Services City Attorney City Secretary 0I Mr. Noe will step down on September 1, 2008. Angel Escobar will serve as Interim City Manager until a replacement is hired. The City Council is working with a consultant on a nationwide search for its next city manager and expects to hire a new city manager within the next 90 days. CONSULTANTS AND ADVISORS McCall, Parkhurst & Horton L.L.P., Dallas, Texas The Bank of New York Mellon Trust Company, N.A., Dallas, Texas Bond Counsel Paying Agent Independent Certified Public Accountants Collier, Johnson & Woods, P.C., Corpus Christi, Texas Financial Advisors M. E. Allison & Co., Inc.. San Antonio, Texas For additional information regarding the City, please contact: Ms. Cindy O'Brien City of Corpus Christi, Texas 1201 Leopard Corpus Christi, Texas 78401 (361) 880-3604 Fax (361) 880 -3601 c indvona,cctexas. com 80250741.5 Mr. Mark A. Seal M.E. Allison & Co., Inc. 950 East Basse Road, Second Floor or San Antonio, Texas 78209 (210) 930-4000 Fax (210) 930 -4001 mseal(@rneallison.com -309- SUMMARY STATEMENT The Summary Statement is subject to the more complete information and to the definitions contained or incorporated in this Official Statement. The offering of the Certificates to potential investors is made only by means of this entire Official Statement. No person is authorized to detach this Summary Statement from this Official Statement or to otherwise use it without the entire Official Statement. The City Issue and Date Use of Proceeds Amounts and Maturities Interest Payment Dates Authority for Issuance Optional Redemption Paying Agent/Registrar Security for Payment Preliminary, subject to change. 80250741.5 The City of Corpus Christi, Texas (the "City" or the "Issuer"). $12,000,000' City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008 (the "Certificates "). The Certificates are dated September 1, 2008. The proceeds of the Certificates will be utilized to (i) make improvements to the City's Solid Waste System, including landfill site development and related drainage improvements, and (ii) pay the costs of issuing the Certificates. The Certificates are stated to mature on March 1 in varying amounts, as shown on the inside cover page of this Official Statement. March 1, 2009 and on each September 1 and March 1 thereafter until maturity or prior redemption. The Certificates are being issued pursuant to the general laws of the State of Texas, the Certificate of Obligation Act of 1971, as amended, Subchapter C, Chapter 271, Texas Local Govemment Code, and an ordinance passed by the City Council of the City. (See "THE CERTIFICATES - Authority for Issuance" herein.) The Certificates stated to mature on and after March 1, 2019, are subject to redemption, at the option of the City, in whole or in part, on March 1, 2018 and any date thereafter, at par plus accrued interest to the date fixed for redemption. The years of maturity of the Certificates called for redemption shall be selected by the City. If less than all of the Certificates are redeemed within a stated maturity at any time, the Certificates to be redeemed shall be selected by the Paying Agent/Registrar for the Certificates, at random and by lot within any stated maturity. The initial paying agent/registrar for the Certificates is The Bank of New York Mellon Trust Company, N.A., Dallas, Texas. The City intends to use the Book -Entry-Only System of the Depository Trust Company. Principal of and interest on the Certificates will be payable from and secured by the receipts from an annual ad valorem tax levied on all taxable property within the City, within the limits prescribed by law. The Certificates are additionally secured by and payable from a pledge of the Surplus Net Revenues derived from the operation of the City's Solid Waste System. (See "THE CERTIFICATES - Security for the Certificates" and "EFFECT OF THE TAX RATE LIMITATION" herein.) - vi - -310- Bond Insurance Ratings Future Debt Issues Payment Record Delivery 80250741.5 The City has made application to municipal bond insurance companies to have the payment of the principal of and interest on the Certificates insured by a municipal bond insurance policy. The City shall notify potential purchasers should the City obtain a commitment from a bond insurance company concerning this matter. The Final Official Statement shall disclose, to the extent necessary, any relevant information relating to this municipal bond insurance policy. Rating applications have been submitted to Moody's Investors Service, Inc. ( "Moody's "), Standard & Poor's Rating Services, a Division of The McGraw -Hill Companies, Inc. ( "S &P "), and Fitch Ratings ( "Fitch ") to obtain a rating on the Certificates. The results of this process will be communicated by the City when available. See `RATINGS" and "BOND INSURANCE" herein. The City's non- credit enhanced general obligation debt is rated "A2 ", "A + ", and "AA -" by Moody's, S &P, and Fitch, respectively. An explanation of the significance of such ratings may be obtained from the company famishing the rating. The ratings reflect only the respective views of such organizations and the City makes no representation as to the appropriateness of the ratings. There is no assurance that such ratings will continue for any given period of time or that they will not be revised downward or withdrawn entirely if in the judgment of these companies, circumstances so warrant. Any such downward revision or withdrawal of such ratings, or either of them, may have an adverse effect on the market price of the Certificates. The City does not anticipate the issuance of any additional general obligation indebtedness for the next twelve months, although the City may issue general obligation refunding bonds. The City has not defaulted on the payment of its bonded indebtedness in over 70 years. When issued, anticipated on or about October 2, 2008. - vii - -311- SELECTED FINANCIAL AND TAX DATA 2008 Net Taxable Assessed Valuation (As of August 1, 2008) (100% of Market Value) $13,813,355,014 Total Tax Supported Debt Outstanding 267,950,000 Less: Self Supporting Debt $106,884,957 Applicable Interest and Sinking Fund 10.063.710 116.948.667 NET DEBT 151.00].333 Ratio Net Debt to 2008 Net Taxable Assessed Valuation 1.94% Net Debt Per Capita (2008 Population Estimate — 295,594) $511 Average Current Tax Collections Past Five Years 96.18% Average Total Tax Collections Past Five Years 98.88% ')Adjusted to include the Certificates. Preliminary, subject to change. See Page A -1 for more information. 80250741.5 [The remainder alibis page intentionally left blank.] -312- $12,000,000* CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SOLID WASTE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2008 INTRODUCTION This Official Statement of the City of Corpus Christi, Texas (the "City ", the "Issuer ", or "Corpus Christi") is provided to furnish information in connection with the sale of the City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008, in the aggregate principal amount of $12,000,000* (the "Certificates "). Corpus Christi is a political subdivision of the State of Texas, and a municipal corporation organized and existing under the laws of the State of Texas, including its duly adopted Home Rule Charter (the "Charter "). The Certificates will be sold in accordance with the provisions of an ordinance (the "Ordinance ") adopted by the City Council of the City on September 9, 2008. Capitalized terms used in this Official Statement have the same meanings assigned to such term in the Ordinance to be adopted on the date of sale of the Certificates, except as otherwise indicated herein. This Official Statement contains a description of the Certificates, and certain other information about the City and its finances. All descriptions of documents contained herein are only summaries and are qualified in their entirety by reference to each such document. Copies of such documents may be obtained from the City at 1201 Leopard, Corpus Christi, Texas 78401 and, during the offering period, from the City's Financial Advisor, Mark Seal, M.E. Allison & Co., Inc. 950 East Basse Road, Second Floor, San Antonio, Texas 78209, Telephone (210) 930 -4000, or from Cindy O'Brien, Director of Financial Services, City of Corpus Christi, 1201 Leopard, Corpus Christi, Texas 78401, telephone (361) 880 -3610, by electronic mail or upon payment of reasonable copying, mailing, and handling charges. This Official Statement speaks only as to its date, and the information contained herein is subject to change. Copies of the Final Official Statement pertaining to the Certificates will be deposited with the Municipal Securities Ruiemaking Board, 1900 Duke Street, Suite 600, Alexandria, Virginia 22314. See "CONTINUING DISCLOSURE OF INFORMATION" for a description of the City's undertaking to provide certain information on a continuing basis. THE CERTIFICATES Purposes of the Certificates The Certificates are being issued to provide funds: (1) to make improvements to the City's Solid Waste System, including landfill site development and related drainage improvements and (2) to pay the costs of issuance of the Certificates. The Certificates are issued pursuant to the Charter and the general laws of the State of Texas, particularly pursuant to the Ordinance adopted by the City Council and the Certificate of Obligation Act of 1971, as amended, Subchapter C, Chapter 271, Texas Local Government Code (the "Certificate of Obligation Act "). The Certificates are general obligations of the City and ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest and principal become due, have been levied and ordered to be levied against all taxable property in the City, and have been pledged for such payment, within the limits prescribed by law and that the Certificates are additionally secured by and payable from a lien on and pledge of the Surplus Net Revenues of' the City's Solid Waste System. (See "EFFECT OF THE TAX RATE LIMITATION" herein.) * Preliminary, subject to change. 80250741.5 -1- -313- General The Certificates will be dated September 1, 2008 and will be issued in principal denominations of $5,000 or any integral multiple thereof. The Certificates bear interest from such date at the stated interest rates indicated on the inside cover page hereof. Interest on the Certificates will be calculated on the basis of a 360 -day year of twelve 30 -day months, and will be payable on March 1, 2009 and each September I and March 1 thereafter, until the earlier of maturity or redemption. Interest on the Certificates will be calculated on the basis of a 360 -day year consisting of twelve 30 -day months. The City intends to utilize the Book -Entry-Only System of The Depository Trust Company ( "DTC "), but reserves the right on its behalf or behalf of DTC to discontinue such system. Principal of the Certificates will be payable by the paying agent/registrar, initially The Bank of New York Mellon Trust Company, N.A. (the "Paying Agent/Registrar "), through its offices located in Dallas, Texas (the "Designated Trust Office "), to Cede & Co., as nominee of DTC. Such Book -Entry-Only System will affect the method and timing of payment and the method of transfer. DTC will be responsible for distributing the principal and interest payments to the participating members of DTC and the participating members will be responsible for distributing the payment of the owners of beneficial interest in the Certificates. See "BOOK- ENTRY- ONLY SYSTEM" herein. So long as the Certificates are in Book - Entry-Only form, and DTC is the securities depository therefore, Cede & Co., as nominee of DTC, will be the registered owner of the Certificates and references herein to the Certificateholders or registered owners shall mean Cede & Co. and not the beneficial owners of the Certificates. Interest on the Certificates will be payable by check, dated as of the interest payment date and mailed by the Paying Agent/Registrar to registered owners as shown on the records of the Paying Agent/Registrar on the Record Date (see "REGISTRATION - Record Date for Interest Payment" herein), or, by such other customary banking arrangements, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, a registered owner. If the date for the payment of the principal of or interest on the Certificates shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. Optional Redemption The Certificates maturing on and after March 1, 2019 are subject to redemption, at the option of the City, at the par value thereof plus accrued interest, in whole or in part, in the principal amount of $5,000 or any integral multiple thereof, on March 1, 2018, and on any date thereafter. The years of maturity of the Certificates called for redemption shall be selected by the City. If less than all of the Certificates are redeemed within a stated maturity at any time, the Certificates to be redeemed shall be selected by the Paying Agent/Registrar at random and by lot or other customary method in multiples of $5,000 within any stated maturity. Notice of Redemption 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 maintained by the Paying Agent/Registrar and (b) 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 80250741.5 - 2 - -314- 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 Certificate, and the Ordinance provides that the publication 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 Certificates. All notices of redemption shall (i) specify the date of redemption for the Certificates, (ii) identify the Certificates to be redeemed and, in the case of a portion of the principal amount to be redeemed, the principal amount thereof to be redeemed, (iii) state the redemption price, (iv) state the Certificates, or the portion of the principal amount thereof to be redeemed, shall become due and payable on the redemption date specified, and the interest thereon, or on the portion of the principal amount thereof to be redeemed, shall cease to accrue from and after the redemption date, and (v) specify that payment of the redemption price for the Certificates, or the principal amount thereof to be redeemed, shall be made at the designated corporate trust office of the Paying Agent/Registrar only upon presentation and surrender thereof by the registered owner. If a Certificate is subject by its terms to redemption and has been called for redemption and notice of redemption thereof has been duly given or waived as provided in the Ordinance such Certificate (or the principal amount thereof to be redeemed) so called for redemption shall become due and payable, and on the redemption date designated in such notice, interest on said Certificate (or the principal amount thereof to be redeemed) called for redemption shall cease to accrue and such Certificate shall not be deemed to be Outstanding. The Paying Agent/Registrar and the City, so long as a Book -Entry-Only System is used for the Certificates, will mail any notice of redemption, notice of proposed amendment to the Ordinance or other notices with respect to the Certificates only to DTC. Any failure by DTC to advise any DTC participant, or of any DTC participant or indirect participant to notify the beneficial owner, shall not affect the validity of' the redemption of the Certificates called for redemption or any other action premised on any such notice. Redemption of portions of the Certificates held by the City will reduce the outstanding principal amount of such Certificates held by DTC. In such event, DTC may implement, through its Book -Entry-Only System, a redemption of such Certificates held for the account of DTC participants in accordance with its rules or other agreements with DTC participants and then DTC participants and indirect participants may implement a redemption of such Certificates from the beneficial owners. Any such selection of Certificates to be redeemed will not be govemed by the Ordinance and will not be conducted by the City or the Paying Agent/Registrar. Neither the City nor the Paying Agent/Registrar will have any responsibility to DTC participants, indirect participants or the persons for whom DTC participants act as nominees, with respect to the payments on the Certificates or the providing of notice to DTC participants, indirect participants, or beneficial owners of the selection of portions of the Certificates for redemption. See "BOOK- ENTRY -ONLY SYSTEM" herein. Defeasance The Ordinance provides for the defeasance of the Certificates when payment of the principal of and premium, if any, on the Certificates, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, redemption, or otherwise) is provided by irrevocably depositing with a paying agent in trust (1) money in an amount sufficient to make such payment and /or (2) Defeasance Securities certified by an independent public accounting firm of national reputation to mature as to principal and interest in such amounts and at such times to insure the availability, without reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation and expenses of the paying agent for the respective series of Certificates. The Ordinance provides that "Defeasance Securities" means (1) direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America, (2) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are 802507415 - 3 - -315- unconditionally guaranteed or insured by the agency or instrumentality and that are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (3) 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 are rated as to investment quality by a nationally recognized investment rating firm not less than AAA or its equivalent. Upon such deposit as described above, such Certificates shall no longer be regarded to be outstanding or unpaid; provided, however, the City has reserved the option, to be exercised at the time of the defeasance of the Certificates, to call for redemption at an earlier date those Certificates which have been defeased to their maturity date, if the City in the proceedings providing for the firm banking and financial arrangements, expressly (i) reserves the right to call the Certificates for redemption, (ii) gives notice of the reservation of that right to the owners of the Certificates immediately following the making of the firm banking and financial arrangements, and (iii) directs that notice of the reservation be included in any redemption notices that it authorizes. Paying Agent/Registrar The principal of the Certificates will be paid to the registered owner at maturity or prior redemption upon presentation to the Paying Agent/Registrar, which initially is The Bank of New York Mellon Trust Company, N.A., at its Designated Trust Office. Interest on the Certificates will be paid to registered owners shown on the records of the Paying Agent/Registrar on the Record Date (see "REGISTRATION - Record Date for Interest Payment" herein), and such interest will be paid by check sent by mail to the address of such registered owner appearing on the registration books of the Paying Agent/Registrar (the "Security Register ") or by such other customary banking arrangements acceptable to the Paying Agent/Registrar requested by, and at the risk and expense of, the registered owner. At the time of delivery of the Certificates, the Dallas, Texas office of the Paying Agent/Registrar is the Designated Trust Office. Successor Paying Agent/Registrar The City reserves the right to replace the Paying Agent/Registrar. If the Paying Agent/Registrar is replaced by the City, the new Paying Agent/Registrar shall accept the previous Paying Agent/Registrar's records and act in the same capacity as the previous Paying Agent/Registrar. Any successor Paying Agent/Registrar selected by the City shall be a bank, a trust company, financial institution, or other entity duly qualified and legally authorized to serve and perform the duties of Paying Agent/Registrar for the Certificates. Upon a change in the Paying Agent/Registrar for the Certificates, the City shall promptly cause a written notice thereof to be sent to each registered owner of the Certificates by United States mail, first -class postage prepaid, which notice shall give the address of the new Paying Agent/Registrar. Transfers and Exchanges So long as any Certificates remain outstanding, the Paying Agent/Registrar shall keep the registration books at the Designated Trust Office in which, subject to such reasonable regulations as it may prescribe, the Paying Agent/Registrar shall provide for the registration and transfer of the Certificates in accordance with the terms of the Ordinance. Each Certificate shall be transferable only upon the presentation and surrender thereof at the Designated Trust Office of the Paying Agent/Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the owner or his authorized representative in a form satisfactory to the Paying Agent/Registrar. Upon due presentation and surrender of a Certificate for transfer, the Paying Agent/Registrar is required to authenticate and deliver in exchange therefor, under such reasonable regulations as the Paying Agent/Registrar may prescribe, a new Certificate or Certificates, registered in 80250741.5 - 4 - -316- the name of the transferee or transferees, in authorized denominations and of the same maturity, in the principal amount of $5,000 or any integral multiple thereof, and bearing interest at the same rate as the Certificate or Certificates so presented and surrendered. All Certificates shall be exchangeable upon the presentation and surrender thereof at the Designated Trust Office of the Paying Agent/Registrar for a Certificate or Certificates of the same maturity and interest rate and in any authorized denomination, in such aggregate principal amount as discussed above equal to the unpaid principal amount of the Certificate delivered in accordance with the Ordinance and shall be entitled to the benefits and security of the Ordinance to the same extent as the Certificate or Certificates in lieu of which such Certificate is delivered. The Paying Agent/Registrar may require the owner of any Certificate to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Certificate. Any reasonable standard or customary fee or charge of the Paying Agent/Registrar for a conversion or exchange shall be paid by the one requesting such conversion or exchange, except that the City shall pay such fee or charge in the case of the conversion or exchange of an assigned and transferred Certificate. Security for the Certificates The Certificates are issued pursuant to the Charter and the general laws of the State of Texas, particularly pursuant to the Ordinance adopted by the City Council and the Certificate of Obligation Act. The Certificates are general obligations of the City and ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest and principal become due, 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. In addition, the Certificates are also secured by and payable from a lien on and pledge of the Surplus Net Revenues of the City's Solid Waste System. The City has outstanding four issues of certificates of obligation (Series 2000, Series 2004, Series 2005, and Series 2006) payable from the same pledge as the Certificates, that are currently outstanding in the aggregate principal amount of $40,555,000. Proceeds from the sale of the Certificates will be used for constructing improvements to the City's landfill, including site development and drainage improvements, and the payment for professional services. See "EFFECT OF THE TAX RATE LIMITATION" and "Appendix A - Ad Valorem Taxes" for further discussion and information relating to ad valorem tax pledges in support of the Certificates. It is anticipated that the Surplus Net Revenues securing the payment of the Certificates will be sufficient to pay the debt service requirements on the Certificates. SOURCES AND USES OF FUNDS The proceeds from the sale of the Certificates will be applied as follows: Sources of Funds Principal Amount of Certificates $ Net Reoffering Premium/Discount Accrued Interest Total Sources of Funds $ Uses of Funds Deposit to the Construction Fund $ Issuance Expenses, Bond Insurance Premium, and Contingency Amount Underwriters' Discount Accrued Interest Total Uses of Funds $ 80250741.5 - 5 - -317- REMEDIES If the City defaults in the payment of principal, interest, or redemption price on the Certificates when due, or the City defaults in the observation or performance of any other covenants, conditions, or obligations set forth in the Ordinance, the registered owners may seek a writ of mandamus to compel the City or City officials to carry out the legally imposed duties with respect to the Certificates if there is no other available remedy at law to compel performance of the Certificates or the Ordinance, and the City's obligations are not uncertain or disputed. The issuance of a writ of mandamus is controlled by equitable principles, so rests with the discretion of the court, but may not be arbitrarily refused. There is no acceleration of maturity of the Certificates in the event of default and, consequently, the remedy of mandamus may have to be relied upon from year to year. The Ordinance does not provide for the appointment of a trustee to represent the interest of the holders of the Certificates upon any failure of the City to perform in accordance with the terms of the Ordinance, or upon any other condition and accordingly all legal actions to enforce such remedies would have to be undertaken at the initiative of, and be financed by, the registered owners. On June 30, 2006, the Texas Supreme Court ruled in Tooke v. City ofMexia, 197 S.W.3rd 325 (Tex. 2006) that a waiver of sovereign immunity in a contractual dispute must be provided for by statute in "clear and unambiguous" language. Because it is unclear whether the Texas legislature has effectively waived the City's sovereign immunity from a suit for money damages, holders of the Certificates may not be able to bring such a suit against the City for breach of the Certificates or covenants contained in the Ordinances. Even if a judgment against the City could be obtained, it could not be enforced by direct levy and execution against the City's property. The City is eligible to seek relief from its creditors under Chapter 9 of the U.S. Bankruptcy Code ( "Chapter 9 "). Although Chapter 9 provides for the recognition of a security interest represented by a specifically pledged source of revenues, such provision is subject to judicial construction. Chapter 9 also includes an automatic stay provision that would prohibit, without Bankruptcy Court approval, the prosecution of any other legal action by creditors or holders of the Certificates of an entity which has sought protection under Chapter 9. Therefore, should the City avail itself of Chapter 9 protection from creditors, the ability to enforce would be subject to the approval of the Bankruptcy Court (which could require that the action be heard in Bankruptcy Court instead of other federal or state court); and the Bankruptcy Code provides for broad discretionary powers of a Bankruptcy Court in administering any proceeding brought before it. The opinion of Bond Counsel will note that all opinions relative to the enforceability of the Certificates are qualified with respect to the customary rights of debtors relative to their creditors. BOND INSURANCE The City has made application to municipal bond insurance companies to have the payment of the principal of and interest on the Certificates insured by a municipal bond insurance policy. The City shall notify potential purchasers should the City obtain a commitment from a bond insurance company conceming this matter. The Final Official Statement shall disclose, to the extent necessary, any relevant information relating to this municipal bond insurance policy.. REGISTRATION Future Registration In the event the Book - Entry-Only System should be discontinued, the Certificates may be transferred, exchanged and assigned on the registration books of the Paying Agent/Registrar, only upon presentation and surrender thereof the Paying Agent/Registrar and such transfer or exchange of the Certificates shall be without expense or service charge to the owner, except for any tax or other governmental charges 802507413 - 6 - -318- required to be paid with respect to such registration and transfer. A Certificate may be assigned by the execution of an assignment form on the Certificate or by other instrument of transfer and assignment acceptable to the Paying Agent/Registrar. A new Certificate or Certificates will be delivered by the Paying Agent/Registrar in lieu of the Certificates being transferred or exchanged at the corporate trust office of the Paying Agent/Registrar, or sent by United States mail, first -class postage prepaid, to the new registered owner or his assignee. To the extent possible, new Certificates issued in an exchange or transfer of Certificates will be delivered to the contracting party or assignee of the owner in not more than three (3) business days after the receipt of the Certificates to be canceled in the exchange or transfer and the written instrument of transfer or request for exchange duly executed by the owner or his duly authorized agent, in form satisfactory to the Paying Agent/Registrar. New Certificates registered and delivered in an exchange or transfer shall be in denominations of $5,000 for any one maturity or any integral multiple thereof and for a like aggregate principal amount of the Certificate or Certificates surrendered for exchange or transfer. See "BOOK- ENTRY -ONLY SYSTEM" herein for a description of the system to be utilized initially in regard to ownership and transferability of the Certificates. Record Date for Interest Payment The record date ( "Record Date ") for interest payable to the registered owner of a Certificate on any interest payment date is the fifteenth calendar day of the preceding month, as specified in the Ordinance. In the event of a nonpayment of interest on a scheduled payment date, and for thirty days thereafter, a new record date for such interest payment (a "Special Record Date ") will be established by the Paying Agent /Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be fifteen days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first -class postage prepaid, to the address of each holder appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice. Limitation on Transfer of Certificates Neither the City 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 Certificates 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. Replacement Certificates The City has agreed to replace mutilated, destroyed, lost, or stolen Certificates upon surrender of the mutilated Certificates to the Paying Agent/Registrar, or receipt of satisfactory evidence of such destruction, loss, or theft, and receipt by the City and Paying Agent/Registrar of security or indemnity as may be required by either of them to hold them harmless. The City may require payment of taxes, govemmental charges, and other expenses in connection with any such replacement. BOOK - ENTRY -ONLY SYSTEM This section describes how ownership of the Certificates is to be transferred and how the principal of, premium, if any, and interest on the Certificates are to be paid to and credited by The Depository Trust Company ( "DTC "), New York, New York, while the Certificates are registered in its nominee name. The information in this section concerning DTC and the Book Entry Only System has been provided by DTC 80250741.5 - 7 - -319- for use in disclosure documents such as this Official Statement. The City believes the source of such information to be reliable, but takes no responsibility for the accuracy or completeness thereof. The City cannot and does not give any assurance that (1) DTC will distribute payments of debt service on the Certificates, or redemption or other notices, to DTC Participants, (2) DTC Participants or others will distribute debt service payments paid to DTC or its nominee (as the registered owner of the Certificates), or redemption or other notices, to the Beneficial Owners, or that they will do so on a timely basis, or (3) DTC will serve and act in the manner described in this Official Statement. The current rules applicable to DTC are on file with the Securities and Exchange Commission, and the current procedures of DTC to be followed in dealing with DTC Participants are on file with DTC. DTC will act as securities depository for the Certificates. The Certificates will be issued as fully registered securities registered in the name of Cede & Co. (DTC's partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully registered security certificate will be issued for each maturity of the Certificates, in the aggregate principal amount or Maturity Value, as applicable, of each maturity of such issue, and will be deposited with DTC. General DTC, the world's largest securities depository, is a limited - purpose trust company organized under the New York Banking Law, a "banking organization" within the meaning of the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.5 million issues of U.S. and non -U.S. equity issues, corporate and municipal debt issues, and money market instruments from over 100 countries that DTC's participants ( "Direct Participants ") deposit with DTC. DTC also facilitates the post -trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book -entry transfers and pledges between Direct Participants' accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non -U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly -owned subsidiary of The Depository Trust & Clearing Corporation ( "DTCC "). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non -U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly ( "Indirect Participants "). DTC has Standard & Poor's highest rating: AAA. The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com and www.dtc.org. To facilitate subsequent transfers, all Certificates deposited by Direct Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Certificates with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not effect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Certificates; DTC's records reflect only the identity of the Direct Participants to whose accounts such Certificates are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Purchases of Certificates under the DTC system must be made by or through Direct Participants, which will receive a credit for the Certificates on DTC's records. The ownership interest of each actual 80250741.5 - 8 - -320- purchaser of each Certificate ( "Beneficial Owner ") is in tum to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Certificates are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive certificates representing their ownership interests in Certificates, except in the event that use of the book -entry system for the Certificates is discontinued. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices will be sent to DTC. If less than all of the Certificates within a maturity are being redeemed, DTC's practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Certificates unless authorized by a Direct Participant in accordance with DTC's procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts Certificates are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, principal, and interest payments on the Certificates will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC's practice is to credit Direct Participants' accounts upon DTC's receipt of funds and corresponding detail information from the City or the Paying Agent/Registrar, on payment date in accordance with their respective holdings shown on DTC's records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name ", and will be the responsibility of such Participant and not of DTC, the Paying Agent/Registrar, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, principal, and interest payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or the Paying Agent/Registrar, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as depository with respect to the Certificates at any time by giving reasonable notice to the City or the Paying Agent/Registrar. Under such circumstances, in the event that a successor depository is not obtained, security certificates are required to be printed and delivered. The City may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, security certificates will be printed and delivered. The information in this section concerning DTC and DTC's book -entry system has been obtained from DTC, but the City takes no responsibility for the accuracy thereof. Use of Certain Terms in Other Sections of this Official Statement In reading this Official Statement it should be understood that while the Certificates are in the Book - Entry-Only System, references in other sections of this Official Statement to registered owners should be 80250741.5 - 9 - -321- read to include the person for which the Direct or Indirect Participant acquires an interest in the Certificates, but (i) all rights of ownership must be exercised through DTC and the Book - Entry -Only System, and (ii) except as described above, payment or notices that are to be given to registered owners under the Ordinance will be given only to DTC. AUTHORIZED BUT UNISSUED AD VALOREM TAX SUPPORTED BONDS The City voters, at an election held on November 2, 2004, authorized an aggregate amount of $95,000,000 to finance various permanent improvements throughout the City. Date Authorized Authorization Amount Previously Issued Amount Unissued November 2, 2004 $95,000,000 $95,000,000 $0 The City plans to call a bond election for November 4, 2008 in the principal amount of $153,000,000. EFFECT OF THE TAX RATE LIMITATION As discussed more specifically elsewhere in this Official Statement, two amendments to the Charter affect management of the City's financial affairs. In 1984, an election was held at which an amendment to the Charter established a 68 cent per $100 tax rate for all purposes (the City would otherwise be permitted by State law to have a tax rate of up to $2.50 per $100 of assessed valuation). In 1993, an election was held at which the citizens of Corpus Christi voted to amend the Charter to provide for the tax rate to increase up to the State limit for voter approved debt authorized after April 4, 1993. In 2001 the City issued $30,800,000 of general obligation bonds to finance various projects that were approved by the citizens of Corpus Christi at an election held on November 7, 2000 and are not subject to the 68 cent tax rate limit. A portion of those bonds were refunded with proceeds of the City's General Improvement and Refunding Bonds, Series 2005, and such Bonds attributable to such refunding are not subject to the 68 cent tax rate limit. The general obligation bonds described under "AUTHORIZED BUT UNISSUED AD VALOREM TAX SUPPORTED BONDS" are not subject to the 68 cent tax rate limit. The remaining outstanding tax supported debt, and any currently outstanding certificates of obligation (including the Certificates) are subject to the 68 cent tax rate limit, which is also applicable to the City's operation and maintenance expenditures. The Certificates are subject to the 68 cent tax rate limit. See "THE CERTIFICATES - Security for the Certificates" herein. The City has adopted by election under the Texas Tax Code a $50,000 homestead exemption for disabled taxpayers and for taxpayers over the age of 65. Further, on November 2, 2004, voters of the City, in addition to approving the issuance of $95,000,000 in general obligation debt, secured by the ad valorem taxes of the City, approved freezing the ad valorem taxes for citizens 65 or older, or disabled, and their spouses on homesteads owned thereby. The City has not determined the effect the imposition of the tax freeze may have on the ability of the City to maintain the current level of operations at the City or the ability of the City to finance future capital improvements through the issuance of debt secured in whole or in part by a pledge of ad valorem taxes. The bonds issued or to be issued under authority of the 2004 election are not subject to the 68 cent tax rate limit. These provisions affect the City's budgeting and capital improvement program planning functions. In part, as a response to the tax rate limit, the City has maintained its tax rate within a range of 59¢ to 64.4¢ over the last ten fiscal years. The current tax rate is 56.4¢. The ability to continue to issue the debt necessary to add additional City improvements and to provide other current services within the tax rate limit will depend in part on the growth in the City's ad valorem and sales tax bases over the coming years as well as the ability of City management to continue to provide efficient City services. 80250741.5 - 10 - -322- DEBT INFORMATION Payment Record The City has not defaulted in the payment of the principal of, or interest on, its tax debt obligations within the last sixty-five years nor has the City issued any refunding securities for the purpose of preventing a default in the payment of the principal of, or interest on, its tax debt obligations within this period. Authority for Issuance of Debt; Limitations The City is authorized to issue ad valorem tax supported general improvement bonds. A majority vote of the qualified voters is ordinarily required to authorize the issuance of ad valorem tax supported bonds for general improvements. Notes, including bond anticipation notes and commercial paper notes, also may be authorized by a majority vote of the qualified voters in connection with the approval of ad valorem tax supported general improvement bonds. The City is also empowered to issue ad valorem tax supported certificates of obligation, including the Certificates, for a variety of purposes including purchasing an existing utility and for paying any contractual obligation incurred in the construction of public works or the purchase of land, materials and other supplies or services for the City's needs. Such certificates of obligation may be refunded by tax supported bonds. In addition, the City may issue certificates of obligation with a pledge of both taxes and revenues provided the City otherwise has the right to pledge the revenues involved. The issuance of certificates of obligation does not require voter approval except under certain circumstances. The City may also issue ad valorem tax supported contractual obligations without right of referendum for the purpose of acquiring personal property. The City is also authorized to issue revenue bonds for certain purposes. The authorized purposes include the financing of the water system, wastewater disposal system, gas system, solid waste system, transportation system, civic center, airport and parks. Revenue bond indebtedness is not considered in determining the legal debt margin for ad valorem tax supported bonds. INVESTMENT POLICY Available City funds are invested as authorized by Texas law and in accordance with investment policies approved by the City Council. Both State law and the City's investment policies are subject to change. Legal Investments. Under Texas law, the City is authorized to invest in (1) obligations, including letters of credit, of the United States or its agencies and instrumentalities, (2) direct obligations of the State of Texas or its agencies and instrumentalities, (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States, (4) other obligations, the principal of and interest on which are unconditionally guaranteed or insured by, or backed by the full faith and credit of the State of Texas or the United States or their respective agencies and instrumentalities, (5) obligations of states, agencies, counties, cities, and other political subdivisions or any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent, (6) certificates of deposit meeting the requirements of Chapter 2256, Texas Government Code (the "Public Funds Investment Act ") that are issued by an institution that has its main office or a branch office in the State of Texas and are guaranteed or insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund, or are secured as to principal by obligations described in clauses (I) through (5) and clause (13) or in any other manner and amount provided by law for City deposits, (7) fully collateralized repurchase agreements that have a defined termination date, are fully secured by obligations described in clause (I) and deposited at the time the investment is made with the City or with a third party selected and 80250741.5 -323- approved by the City, and are placed through a primary government securities dealer or a financial institution doing business in the State of Texas, (8) bankers' acceptances with the remaining term of 270 days or Tess, if the short-term obligations of the accepting bank or its parent are rated at least A -1 or P -t or the equivalent by at least one nationally recognized credit rating agency, (9) commercial paper that is rated at least A -1 or P -1 or the equivalent by either (a) two nationally recognized credit rating agencies or (b) one nationally recognized credit rating agency if the paper is fully secured by an irrevocable letter of credit issued by a U.S. or state bank, (10) no-load money market mutual funds registered with and regulated by the Securities and Exchange Commission that have a dollar weighted average portfolio maturity of 90 days or Tess and include in their investment objectives the maintenance of a stable net asset value of $1 for each share, (11) no-load mutual fund registered with the Securities and Exchange Commission that: have an average weighted maturity of less than two years; invest exclusively in obligations described in the preceding clauses and clause (13), and are continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent, (12) public funds investment pools that have an advisory board which includes participants in the pool and are continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent or no lower than investment grade with a weighted average maturity no greater than 90 days, and (13) bonds issued, assumed or guaranteed by the State of Israel. Texas law also permits the City to invest bond proceeds in a guaranteed investment contract subject to the limitations set forth in the Public Funds Investment Act. Entities such as the City may enter into securities lending programs if (i) the securities loaned under the program are 100% collateralized, a loan made under the program allows for termination at any time and a loan made under the program is either secured by (a) obligations that are described in clauses (1) through (5) and clause (13) above, (b) irrevocable letters of credit issued by a state or national bank that is continuously rated by a nationally recognized investment rating firm at not less than A or its equivalent or (c) cash invested in obligations described in clauses (1) through (5) and clause (13) above, clauses (9) through (11) above, or an authorized investment pool; (ii) securities held as collateral under a loan are pledged to such investing entity or a third party designated such investing entity; (iii) a loan made under the program is placed through either a primary government securities dealer or a financial institution doing business in the State of Texas; and (iv) the agreement to lend securities has a term of one year or less. The City may invest in such obligations directly or through government investment pools that invest solely in such obligations provided that the pools are rated no lower than AAA or AAAm or an equivalent by at least one nationally recognized rating service. The City is specifically prohibited from investing in: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage- backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage - backed security and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Investment Policies. Under Texas law, the City is required to invest its funds in accordance under written investment policies that primarily emphasize safety of principal and liquidity; that address investment diversification, yield, maturity, and the quality and capability of investment management; and that includes a list of authorized investments for City funds, maximum allowable stated maturity of any individual investment and the maximum average dollar- weighted maturity allowed for pool fund groups. All City funds must be invested consistent with a formally adopted "Investment Strategy Statement" that specifically addresses each funds' investment. Each Investment Strategy Statement will describe its objectives concerning: (1) suitability of investment type, (2) preservation and safety of principal, (3) liquidity, (4) marketability of each investment, (5) diversification of the portfolio, and (6) yield. 80250741.5 - 12 - -324- Under Texas law, City investments must be made "with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived." At least quarterly the investment officers of the City must submit to the City Council an investment report detailing (1) the investment position of the City, (2) that all investment officers jointly prepared and signed the report, (3) the beginning market value, any additions and changes to market value and the ending value of each pooled fund group, (4) the book value and market value of each separately listed asset at the beginning and end of the reporting period, (5) the maturity date of each separately invested asset, (6) the account or fund or pooled fund group for which each individual investment was acquired, and (7) the compliance of the investment portfolio as it relates to (a) adopted investment strategy statements and (b) state law. No person may invest City funds without express written authority from the City Council. Additional Provisions. Under Texas law the City is additionally required to (1) annually review its adopted policies and strategies, (2) require any investment officers' with personal business relationships or relative with firms seeking to sell securities to the entity to disclose the relationship and file a statement with the Texas Ethics Commission and the City Council, (3) require the registered principal of firms seeking to sell securities to the City to (a) receive and review the City's investment policy, (b) acknowledge that reasonable controls and procedures have been implemented to preclude imprudent investment activities, and (c) deliver a written statement attesting to these requirements, (4) perform an annual audit of the management controls on investments and adherence to the City's investment policy, (5) provide specific investment training for the Treasurer, Chief Financial Officer and investment officers, (6) restrict reverse repurchase agreements to not more than 90 days and restrict the investments of reverse repurchase agreement funds to no greater than the term of the reverse repurchase agreement, (7) restrict the investment in non -money market mutual funds of any portion of bond proceeds, reserves and funds held for debt service and to no more than 15% of the entity's monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, and (8) require local government investment pools to conform to the new disclosure, rating, net asset value, yield calculation, and advisory board requirements. City policies require investments in accordance with applicable state law. All investments which are authorized by State statute, with the exception of bankers' acceptances, commercial paper, collateralized mortgage obligations, reverse repurchase agreements, no -load money market mutual funds, no -load mutual funds, and bonds issued, assumed or guaranteed by the State of Israel, are acceptable for investment purposes under the City's Statement of Investment Policy. The City generally invests in obligations of the United States or its agencies and instrumentalities. Under Texas law, the City may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control for a term up to two years, but the City retains ultimate responsibility as fiduciary of its assets. In order to renew or extend such a contract, the City must do so by order, ordinance or resolution. The City has not contracted with, and has no present intention of contracting with, any such investment management firm or the State Securities Board to provide such services. 80250741.5 - 13 - -325- Current Investments. As of July 31, 2008, the following percentages by investment type applied to the City's investable funds, which had an aggregate par value of $282,556,882.65, a market value of $282,283,158.56 and a book value of $282,561,452.09. Par Value: Money Market Local Govt. Inv. Pool Bank Certificate of Deposit U. S. Agencies Total Market Value Book Value Market to Book Ratio Weighted Average Maturity Portfolio by Account Type (Par Value) Money Market Local Govt. Inv. Pool Bank Certificate of Deposit U.S. Agencies Total Citv Portfolio $8,588,317.47 53,111,485.64 20,457,079.54 200.400,000.00 $ 282,283,158.56 282,561,452.09 99.90% 264 days 3.04% 18.80% 7.24% 70.92% 100% As of such date, the market value of such investments (as determined by the City by reference to published quotations, dealer bids, and comparable information) was approximately 100% of book value. No funds of the City are invested in derivative securities, i.e., securities whose rate of return is determined by reference to some other instrument, index, or commodity. Fiscal Year Salaries 1997 -98 $96,621,593 1998 -99 101,889,392 1999 -00 102,242,291 2000 -01 100,927,146 2001 -02 105,312,317 2002 -03 112,071,665 2003 -04 121,245,107 2004 -05 120,616,280 2005 -06 124,601,361 2006 -07 127,318,989 (2)2007 -08 133,145,260 PAYROLL STATISTICS Social Security and Medicare $5,990,993 6,149,968 6,241,322 6,064,690 6,418,618 6,818,824 7,370,874 7,350,960 5,903,267 7,603,602 7,991,390 (0) This includes full time and summer employees. Q1 Unaudited. 80250741.5 Texas Fireman's Municipal Relief and Ret. System Retirement $8,805,861 $1,942,873 9,019,103 2,248,927 9,026,902 2,171,942 8,686,111 2,223,410 9,826,228 2,300,476 10,241,750 2,423,671 11,386,987 2,673,855 12,827,988 2,482,092 13,853,273 2,795,774 14,372,192 3,040,260 15,603,377 3,575,262 - 14 - -326- Total Paid by City as Employer $113,361,320 119,307,390 119,682,457 117,901,357 123,857,639 131,555,910 143,176,822 143,277,320 147,153,675 152,335,043 160,315,289 Number of Employees Last Payday of Fiscal Year(1) 3,584 3,276 3,277 3,278 3,264 3,264 3,317 3,126 3,183 3,217 3,309 Retirement Systems The City participates in funding two retirement plans: (1) all City employees, except firefighters, are provided benefits through a non - institutional, joint contributory, defined benefit plan in the state -wide Texas Municipal Retirement System (TMRS), one of 821 administered by TMRS, an agent multiple - employer public employee retirement system and (2) all firefighters are covered by the Fire Fighters Retirement System of Corpus Christi, a single- employer defined benefit pension plan, both of which are described in Note 9 (Notes to Financial Statements) and Employment Retirement Benefits - Analysis of Funding Progress (Required Supplementary Information) set forth in Appendix C. Other Post - Employment Benefits [UPDATE] The City currently provides certain post - employment benefits to its employees, as described in Notes 9 and 10 (Notes to the Financial Statements) set forth in Appendix C. The City intends to comply with the requirements of GASB No. 43 and 45, with respect to the reporting of post - employment benefits, in accordance with the timelines set forth in GASB No. 43 and 45. As of the date of this Official Statement, the City has retained the services of Mercer, Oliver, Wyman Actuarial Consulting Inc., an actuarial firm to prepare the calculations required under GASB No. 43 and 45. Collective Bargaining Agreements Under State law, municipal firefighters and police officers may form collective bargaining groups which may negotiate employment contracts on behalf of members of such groups. However, State law forbids such groups from participating in strikes or other work stoppages. The City's firemen and police are organized in collective bargaining groups and currently are working under a negotiated employment agreement with the City. No other City employees are similarly organized for employment term negotiations. ANNEXATION PROGRAM Background The City has continued to expand its jurisdiction, and thus increase its obligation to provide services and, correspondingly its tax base, by annexing selected adjacent areas. The City may annex additional territory adjoining or lying adjacent to the City by ordinance. The total area of the City is approximately 498 square miles, of which approximately 161 square miles is land area and 337 square miles water area. The areas covered by water require no normal City Services, but do produce considerable revenues from oil and gas properties located therein and allow the City to enforce ordinances regarding uses in the areas. The City has had numerous annexations since its beginning. Significant annexations occurred in 1950 when 92 square miles of water area in Corpus Christi and Nueces Bay were annexed, in 1962 when 48 square miles of land west and south of the City were annexed, in 1966 when 31 square miles of water area in Corpus Christi Bay were annexed and in 1970 when 63 square miles of water area in Corpus Christi Bay and Laguna Madre were annexed. However, four oil companies which owned leases included in the 1970 annexation of bay water areas contended the annexation was not legal. The matter ended up in court and was settled in favor of the City. In December, 1972 an election to re- affirm the annexation of November, 1970 was held and carried. On November 18, 1981, the City annexed approximately 3,171 acres (4.95 square miles) of land in addition to fringe area development made up of commercial, industrial and residential subdivisions. On August 9, 1986 an election was defeated to annex more than 60 square miles of Padre and Mustang Islands. The City has already annexed the developed areas of Padre Island bounded by Laguna Madre, Packery Channel, the Gulf of Mexico and the Southern boundary of Nueces County. Through a 80250741.5 - 15 - -327- referendum on April 11, 1989, the City annexed approximately 2,527 acres (3.95 square miles) of land. Changes in the City's Charter have simplified the method by which a municipality may annex land. Under the Charter revisions: "The City shall have the power by ordinance to fix the boundary limits of the city and to provide for the alteration and extension of the boundary limits." From 1990 thru 1995, the City annexed 9,988 acres (approximately 4.95 square miles) of land primarily located south of SPID and east of Staples Street. From 1996 thru 1998, the amount of land annexed by the City was minimal as only 32 acres or .05 square miles of land area was annexed. In 1999, the City initiated annexations for lands adjacent to the northwest portion of the City, and on Mustang and Padre Islands located along the eastem edge of the City. On December 21, 1999, 4,852 acres or 7.58 square miles was annexed into the City. As part of a major annexation program in 2001, the City annexed a total of 15,786 acres (24.7 square miles) effective December 31, 2001. On April 17, 2002 the City annexed 678.39 acres (1.06 square miles) of land. Several existing major resorts and condominiums on Mustang/North Padre Islands were included as part of the areas annexed, resulting in a significant increase in hotel tax revenue collected by the City. Source: City Geographic Information System. Any differences in acreage between the historically adopting annexation ordinance and the annexation figures provided are attributed to the modern methods used by the City's Geographic Information System. These methods include gps (global satellite positioning system), aerial photography, property records, etc. LITIGATION The City is a defendant in various tort claims and lawsuits involving general liability, automobile liability, civil rights actions, and various contractual matters. In the opinion of the City's management and the City Attorney's office, the outcome of the pending litigation will not have a material adverse effect on the City's financial position or operations. Upon the delivery of the Certificates, the City will certify that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Certificates or which would affect the provisions made for their payment or security or in any manner question the validity thereof. GASB 34 STATEMENT In June 1999, the Governmental Accounting Standards Board ( "GASB ") issued Statement No. 34, "Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Govemments" ( "GASB 34 "). The objective of GASB 34 is to enhance the clarity and usefulness of the general - purpose external financial reports of state and local governments to its citizenry, legislature and oversight bodies, and investors and creditors. The City implemented GASB 34 beginning with its fiscal year ending July 31, 2002. While adoption of GASB 34 altered the presentation of the City's financial information, City management believes that the adoption of GASB 34 did not have any material adverse impact on the City's financial position, results of operation, or cash flows. LEGAL MATTERS The City will furnish the Underwriters with a complete transcript of proceedings incident to the authorization and issuance of the Certificates, including the unqualified approving legal opinion of the Attorney General of the State of Texas to the effect that the Certificates are valid and legally binding obligations of the City, and based upon examination of such transcript of proceedings, the approval of certain legal matters by Bond Counsel, to the effect that the Certificates, issued in compliance with the provisions of the Ordinance, are valid and legally binding obligations of the City and, subject to the qualifications set forth herein under "TAX MATTERS ", the interest on the Certificates is exempt from federal income taxation under existing statutes, published rulings, regulations, and court decisions. In its 80250741.5 - 16- -328- capacity as Bond Counsel, McCall, Parkhurst & Horton L.L.P., Dallas, Texas has reviewed the information under the captions "THE CERTIFICATES ", "TAX MATTERS ", "LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS ", "CONTINUING DISCLOSURE OF INFORMATION" (except under the subheading "Compliance with Prior Undertakings" as to which no opinion is expressed), and "REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE" in the Official Statement and such firm is of the opinion that the information relating to the Certificates and the Ordinance contained under such captions is a fair and accurate summary of the information purported to be shown and that the information and descriptions contained under such captions relating to the provisions of applicable state and federal laws are correct as to matters of law. The customary closing papers, including a certificate to the effect that no litigation of any nature has been filed or is then pending to restrain the issuance and delivery of the Certificates or which would affect the provisions made for their payment or security, or in any manner questioning the validity of the Certificates will also be furnished. The legal fees to be paid Bond Counsel for services rendered in connection with the issuance of Certificates are contingent on the sale and delivery of the Certificates. In connection with the transactions described in the Official Statement, Bond Counsel has been engaged by and represents only the City. The legal opinion of Bond Counsel will accompany the obligations deposited with DTC or will be printed on the definitive obligations in the event of the discontinuance of the Book -Entry-Only System. Certain legal matters will be passed upon for the City by the City Attorney and for the Underwriters by Fulbright & Jaworski L.L.P., San Antonio, Texas. The various legal opinions to be delivered concurrently with the delivery of the Certificates express the professional judgment of the attorneys rendering the opinions as to the legal issues explicitly addressed therein. In rendering a legal opinion, the attorney does not become an insurer or guarantor of the expression of professional judgment, of the transaction opined upon, or of the future performance of the parties to the transaction, nor does the rendering of an opinion guarantee the outcome of any legal dispute that may arise out of the transaction. TAX MATTERS Opinion On the date of initial delivery of the Certificates, McCall, Parkhurst & Horton L.L.P., Dallas, Texas, Bond Counsel, will render its opinion that, in accordance with statutes, regulations, published rulings and court decisions existing on the date thereof ( "Existing Law "), (I) interest on the Certificates for federal income tax purposes will be excludable from the "gross income" of the holders thereof and (2) the Certificates will not be treated as "specified private activity bonds ", the interest on which would be included as an alternative minimum tax preference item under section 57(a)(5) of the Internal Revenue Code of 1986 (the "Code "). Except as stated above, Bond Counsel will express no opinion as to any other federal, state or local tax consequences of the purchase, ownership or disposition of the Certificates. See Appendix D -- Form of Opinion of Bond Counsel. In rendering its opinion, Bond Counsel will rely upon (a) certain information and representations of the City, including information and representations contained in the City's federal tax certificate and (b) covenants of the City contained in the Certificate documents relating to certain matters, including arbitrage and the use of the proceeds of the Certificates and the property financed or refinanced therewith. Although it is expected that the Certificates will qualify as tax- exempt obligations for federal income tax purposes as of the date of issuance, the tax- exempt status of the Certificates could be affected by future events. However, future events beyond the control of the City, as well as the failure to observe the aforementioned representations or covenants, could cause the interest on the Certificates to become taxable retroactively to the date of issuance. 80250741.5 - 17 - -329- The Code and the regulations promulgated thereunder contain a number of requirements that must be satisfied subsequent to the issuance of the Certificates in order for the interest on the Certificates to be, and to remain, excludable from gross income for federal income tax purposes. Failure to comply with such requirements may cause interest on the Certificates to be included in gross income retroactively to the date of issuance of the Certificates. The opinion of Bond Counsel is conditioned on compliance by the City with such requirements, and Bond Counsel has not been retained to monitor compliance with these requirements subsequent to the issuance of the Certificates. Bond Counsel's opinion represents its legal judgment based upon its review of Existing Law and the reliance on the aforementioned information, representations and covenants. Bond Counsel's opinion is not a guarantee of a result. Existing Law is subject to change by the Congress and to subsequent judicial and administrative interpretation by the courts and the Department of the Treasury. There can be no assurance that Existing Law or the interpretation thereof will not be changed in a manner which would adversely affect the tax treatment of the purchase, ownership or disposition of the Certificates. A ruling was not sought from the Internal Revenue Service by the City with respect to the Certificates or the property financed or refinanced with the proceeds of the Certificates. No assurances can be given as to whether or not the Internal Revenue Service will commence an audit of the Certificates, or as to whether the Internal Revenue Service would agree with the opinion of Bond Counsel. If an audit is commenced, under current procedures the Internal Revenue Service is likely to treat the City as the taxpayer and the Certificateholders may have no right to participate in such procedure. No additional interest will be paid upon any determination of taxability. Federal Income Tax Accounting Treatment of Original Issue Discount The initial public offering price to be paid for one or more maturities of the Certificates may be less than the principal amount thereof or one or more periods for the payment of interest on the bonds may not be equal to the accrual period or be in excess of one year (the "Original Issue Discount Certificates "). In such event, the difference between (i) the "stated redemption price at maturity" of each Original Issue Discount Certificate, and (ii) the initial offering price to the public of such Original Issue Discount Certificate would constitute original issue discount. The "stated redemption price at maturity" means the sum of all payments to be made on the Certificates less the amount of all periodic interest payments. Periodic interest payments are payments which are made during equal accrual periods (or during any unequal period if it is the initial or final period) and which are made during accrual periods which do not exceed one year. Under Existing Law, any owner who has purchased such Original Issue Discount Certificate in the initial public offering is entitled to exclude from gross income (as defined in section 61 of the Code) an amount of income with respect to such Original Issue Discount Certificate equal to that portion of the amount of such original issue discount allocable to the accrual period. For a discussion of certain collateral federal tax consequences, see discussion set forth below. In the event of the redemption, sale or other taxable disposition of such Original Issue Discount Certificate prior to stated maturity, however, the amount realized by such owner in excess of the basis of such Original Issue Discount Certificate in the hands of such owner (adjusted upward by the portion of the original issue discount allocable to the period for which such Original Issue Discount Certificate was held by such initial owner) is includable in gross income. Under Existing Law, the original issue discount on each Original Issue Discount Certificate is accrued daily to the stated maturity thereof (in amounts calculated as described below for each six -month period ending on the date before the semiannual anniversary dates of the date of the Certificates and ratably within each such six -month period) and the accrued amount is added to an initial owner's basis for such Original Issue Discount Certificate for purposes of determining the amount of gain or loss recognized by 80250741.5 - 18 - -330- such owner upon the redemption, sale or other disposition thereof. The amount to be added to basis for each accrual period is equal to (a) the sum of the issue price and the amount of original issue discount accrued in prior periods multiplied by the yield to stated maturity (determined on the basis of compounding at the close of each accrual period and properly adjusted for the length of the accrual period) less (b) the amounts payable as current interest during such accrual period on such Original Issue Discount Certificate. The federal income tax consequences of the purchase, ownership, redemption, sale or other disposition of Original Issue Discount Certificates which are not purchased in the initial offering at the initial offering price may be determined according to rules which differ from those described above. All owners of Original Issue Discount Certificates should consult their own tax advisors with respect to the determination for federal, state and local income tax purposes of the treatment of interest accrued upon redemption, sale or other disposition of such Original Issue Discount Certificates and with respect to the federal, state, local and foreign tax consequences of the purchase, ownership, redemption, sale or other disposition of such Original Issue Discount Certificates. Collateral Federal Income Tax Consequences The following discussion is a summary of certain collateral federal income tax consequences resulting from the purchase, ownership or disposition of the Certificates. This discussion is based on Existing Law, which is subject to change or modification, retroactively. The following discussion is applicable to investors, other than those who are subject to special provisions of the Code, such as financial institutions, property and casualty insurance companies, life insurance companies, individual recipients of Social Security or Railroad Retirement benefits, individuals allowed an earned income credit, certain S corporations with accumulated earnings and profits and excess passive investment income, foreign corporations subject to the branch profits tax and taxpayers who may be deemed to have incurred or continued indebtedness to purchase tax- exempt obligations. THE DISCUSSION CONTAINED HEREIN MAY NOT BE EXHAUSTIVE. INVESTORS, INCLUDING THOSE WHO ARE SUBJECT TO SPECIAL PROVISIONS OF THE CODE, SHOULD CONSULT THEIR OWN TAX ADVISORS AS TO THE TAX TREATMENT WHICH MAY BE ANTICIPATED TO RESULT FROM THE PURCHASE, OWNERSHIP AND DISPOSITION OF TAX - EXEMPT OBLIGATIONS BEFORE DETERMINING WHETHER TO PURCHASE THE CERTIFICATES. Interest on the Certificates will be includable as an adjustment for "adjusted current earnings" to calculate the alternative minimum tax imposed on corporations by section 55 of the Code. Section 55 of the Code imposes a tax equal to 20 percent for corporations, or 26 percent for noncorporate taxpayers (28 percent for taxable income exceeding $175,000), of the taxpayer's "alternative minimum taxable income," if the amount of such altemative minimum tax is greater than the taxpayer's regular income tax for the taxable year. Under section 6012 of the Code, holders of tax- exempt obligations, such as the Certificates, may be required to disclose interest received or accrued during each taxable year on their returns of federal income taxation. Section 1276 of the Code provides for ordinary income tax treatment of gain recognized upon the disposition of a tax- exempt obligation, such as the Certificates, if such obligation was acquired at a "market discount" and if the fixed maturity of such obligation is equal to, or exceeds, one year from the date of issue. Such treatment applies to "market discount bonds" to the extent such gain does not exceed the accrued market discount of such bonds; although for this purpose, a de minimis amount of market discount is ignored. A "market discount bond" is one which is acquired by the holder at a purchase price 80250741.5 - 19 - -331- which is less than the stated redemption price at maturity or, in the case of a bond issued at an original issue discount, the "revised issue price" (i.e., the issue price plus accrued original issue discount). The "accrued market discount" is the amount which bears the same ratio to the market discount as the number of days during which the holder holds the obligation bears to the number of days between the acquisition date and the final maturity date. State, Local and Foreign Taxes Investors should consult their own tax advisors conceming the tax implications of the purchase, ownership or disposition of the Certificates under applicable state or local laws. Foreign investors should also consult their own tax advisors regarding the tax consequences unique to investors who are not United States persons. LEGAL INVESTMENTS AND ELIGIBILITY TO SECURE PUBLIC FUNDS IN TEXAS Section 271.051, as amended, of the Certificate of Obligation Act provides that the Certificates are legal and authorized investments for banks, savings banks, trust companies, savings and loan associations, insurance companies, fiduciaries, and trustees, and for the sinking funds of cities, school districts, and other political subdivisions or public agencies of the State of Texas. Texas law further provides that obligations, such as the Certificates are eligible to secure deposits of the state, its agencies, and political subdivisions, and are legal security for those deposits to the extent of their face value. For political subdivisions in Texas which have adopted investment policies and guidelines in accordance with the Public Funds Investment Act (Chapter 2256, Texas Government Code), the Certificates may have to be assigned a rating of "A" or its equivalent as to investment quality by a national rating agency before such obligations are eligible investments for sinking funds and other public funds. See "RATINGS" herein. Section 1201.041 of the Public Securities Procedures Act (Chapter 1201, Texas Government Code) provides that the Certificates are negotiable instruments governed by Chapter 8, Texas Business and Commerce Code, and are legal and authorized investments for insurance companies, fiduciaries, and trustees, and for the sinking funds of municipalities or other political subdivisions or public agencies of the State of Texas. With respect to investment in the Certificates by municipalities or other political subdivisions or public agencies of the State of Texas, the Public Funds Investment Act requires that the Certificates be assigned a rating of "A" or its equivalent as to investment quality by a national rating agency. See "RATINGS" herein. In addition, various provisions of the Texas Finance Code provide that, subject to a prudent investor standard, the Certificates are legal investments for state banks, savings banks, trust companies with at least $1 million of capital, and savings and loan associations. The Certificates are eligible to sure deposits of any public funds of the State, its agencies, and its political subdivisions, and are legal security for those deposits to the extent of their market value. The City has made no investigation of other laws, rules, regulations or investment criteria which might apply to such institutions or entities or which might limit the suitability of the Certificates for any of the foregoing purposes or limit the authority of such institutions or entities to purchase or invest in the Certificates for such purposes. The City has made no review of laws in other states to determine whether the Certificates are legal investments for various institutions in those states. RATINGS Ratings applications have been submitted to Moody's Investors Service, Inc. ( "Moody's "), Standard & Poor's Rating Services, a Division of The McGraw -Hill Companies, Inc. ( "S &P "), and Fitch Ratings ( "Fitch ") to obtain a rating on the Certificates. The results of this process will be communicated by the City when available. See `BOND INSURANCE" herein. The City's non -credit enhanced ad valorem tax- supported debt is rated "Al ", "A + ", and "AA -" by Moody's, S &P and Fitch, respectively. An 80250741.5 - 20 - -332- explanation of the significance of such ratings may be obtained from the company fumishing the rating. The City furnished the rating agencies certain information which is not included in this Official Statement. The rating reflects only the view of such organization at the time such rating was given, and the City makes no representation as to the appropriateness of the rating. There is no assurance that such rating will continue for any given period of time or that it will not be revised downward or withdrawn entirely by such rating company, if in the sole judgment of such rating company, circumstances so warrant. Any such downward revision or withdrawal of rating may have an adverse effect on the market price of the Certificates. CONTINUING DISCLOSURE OF INFORMATION In the Ordinance, the City has made the following agreements for the benefit of the holders and beneficial owners of the Certificates. The City is required to observe the agreement for so long as it remains obligated to advance funds to pay the Certificates. Under the agreement, the City will be obligated to provide certain updated financial information and operating data annually, and timely notice of specified material events, to certain information vendors. This information will be available to securities brokers and others who subscribe to receive the information from the vendors. Annual Reports The City will provide certain updated financial information and operating data to certain information vendors annually. The information to be updated includes all quantitative financial information and operating data with respect to the City of the general type included in Appendix A to this Official Statement ( "Financial Information ") 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 in Appendix C. The City will update and provide this information within six months after the end of each fiscal year ending in or after 2008. The City will provide the updated information to each nationally recognized municipal securities information repository ( "NRMSIR ") and to any state information depository ( "SID ") that is designated by the State of Texas and approved by the staff of the United States Securities and Exchange Commission (the "SEC "). The City may provide updated information in full text or may incorporate by reference certain other publicly available documents, as permitted by SEC Rule 15c2 -12. The updated information will include audited financial statements, if the City commissions an audit and it is completed by the required time. If audited financial statements are not available by the required time, the City will provide unaudited financial statements by the required time, and will provide audited financial statements when and if the audit report becomes available. Any such financial statements will be prepared in accordance with the accounting principles described in Appendix C, the Ordinance or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation. The City's current fiscal year end is July 31. Accordingly, it must provide updated information by January 31 of the following year, unless the City changes its fiscal year. If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change. Material Event Notices The City will also provide timely notices of certain events to certain information vendors. The City will provide notice of any of the following events with respect to the Certificates, if such event is material to a decision to purchase or sell Certificates: (I) 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 80250741.5 - 21 - -333- 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. Neither the Certificates nor the Ordinance make any provision for debt service reserves, credit enhancement, or liquidity enhancement. In addition, the City will provide timely notice of any failure by the City to provide information, data, or financial statements in accordance with its agreement described above under "Annual Reports ". The City will provide each notice described in this paragraph to any SID and to either each NRMSIR or the Municipal Securities Rulemaking Board ( "MSRB "). Any such filing may be made by the City solely by transmitting such filing to the Municipal Advisory Council of Texas (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 7, 2004. Availability of Information from NRMSIRs and SID The City has agreed to provide the foregoing information only to NRMSIRs and any SID. The information will be available to holders of Certificates only if the holders comply with the procedures and pay the charges established by such information vendors or obtain the information through securities brokers who do so. The MAC has been designated by the State of Texas and approved by the SEC staff as a qualified SID. The address of the MAC is 600 West 8th Street, Post Office Box 2177, Austin, Texas 78768 -2177, and its telephone number is 512/476 -6947. The MAC has also received SEC approval to operate, and has begun to operate, a "central post office" for information filings made by municipal issuers, such as the Authority. A municipal issuer may submit its information filings with the central post office, which then transmits such information to the NRMSIRs and the appropriate SID for filing. This central post office can be accessed and utilized at www.DisclosureUSA.org ( "DisclosureUSA "). The City may utilize DisclosureUSA for the filing of information relating to the Certificates. Limitations and Amendments The City has agreed to update information and to provide notices of material events only as described above. The City has not agreed to provide other information that may be relevant or material to a complete presentation of its financial results of operations, condition, or prospects or agreed to update any information that is provided, except as described above. The City makes no representation or warranty concerning such information or concerning its usefulness to a decision to invest in or sell Certificates at any future date. The City disclaims any contractual or tort liability for damages resulting in whole or in part from any breach of its continuing disclosure agreement or from any statement made pursuant to its agreement, although holders or registered owners of Certificates may seek a writ of mandamus to compel the City to comply with its agreement. The City may amend its continuing disclosure agreement 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, if the agreement, as amended, would have permitted an underwriter to purchase or sell Certificates in the offering described herein in compliance with SEC Rule I5c2 -12 and either the holders of a majority in aggregate principal amount of the outstanding Certificates consent or any person unaffiliated with the City (such as nationally recognized bond counsel) determines that the amendment will not materially impair the interests of the holders or beneficial owners of the Certificates. If the City amends its agreement, it must include with the next financial information and operating data provided in accordance with its agreement described above under "Annual Reports" an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of information and data 80250741.5 - 22 - -334- 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 SEC Rule 15c2 -12 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 of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates, respectively, in the primary offering of the Certificates. Compliance with Prior Undertakings During the past five years, the City has complied in all material respects with continuing disclosure agreements made by it in accordance with SEC Rule 15c2 -12. REGISTRATION AND QUALIFICATION OF CERTIFICATES FOR SALE The sale of the Certificates has not been registered under the Federal Securities Act of 1933, as amended, in reliance upon the exemption provided thereunder by Section 3(aX2); and the Certificates have not been qualified under the Securities Act of Texas in reliance upon various exemptions contained therein; nor have the Certificates been qualified under the securities acts of any jurisdiction. The City assumes no responsibility for qualification of the Certificates under the securities laws of any jurisdiction in which the Certificates may be sold, assigned, pledged, hypothecated or otherwise transferred. This disclaimer of responsibility for qualification for sale or other disposition of the Certificates shall not be construed as an interpretation of any kind with regard to the availability of any exemption from securities registration provisions. UNDERWRITING M.E. Allison & Co., Inc., as the authorized representative of a group of underwriters, has agreed, subject to certain conditions, to purchase the Certificates from the City at an underwriting discount of $ The Underwriters' obligation is subject to certain conditions precedent. The Underwriters will be obligated to purchase all of the Certificates if any Certificates are purchased. The Certificates may be offered and sold to certain dealers and others at prices lower than such public offering price, and such public prices may be changed from time to time, by the Underwriters. The Underwriters have provided the following sentence for inclusion in this Official Statement. The Underwriters have reviewed the information in this Official Statement in accordance with their responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriters do not guarantee the accuracy or completeness of such information. FINANCIAL ADVISOR M.E. Allison & Co., Inc. (the "Financial Advisor ") is employed by the City in connection with the issuance of the Certificates and in such capacity, has assisted the City in compiling documents related thereto. Although the Financial Advisor assisted in drafting this Official Statement, the Financial Advisor has not independently verified all of the data contained in it or conducted a detailed investigation of the affairs of the City to determine the accuracy or completeness of this Official Statement. No person should presume that the limited participation of the Financial Advisor means that the Financial Advisor assumes any responsibility for the accuracy or completeness of any of the information contained in the Official Statement. The fee of the Financial Advisor for services rendered is contingent upon the issuance and sale of the Certificates. The Financial Advisor has reviewed the information in this Official Statement in accordance with its responsibilities to the City and, as applicable, to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Financial Advisor does not guarantee the accuracy or completeness of such information. 80250741.5 - 23 - -335- INDEPENDENT ACCOUNTANTS This Official Statement includes the combined financial statements of the City for the fiscal year ended July 31, 2007. These combined financial statements have been examined by Collier, Johnson & Woods, P.C., Independent Certified Public Accountants, as stated in their report set forth in Exhibit C to this Official Statement. The City has not requested Collier, Johnson & Woods to reissue its audited financial statements and Collier, Johnson & Woods has not performed any procedures in connection with this Official Statement. MISCELLANEOUS All information contained in this Official Statement is subject, in all respects, to the complete body of information contained in the original sources thereof and no guaranty, warranty or other representation is made concerning the accuracy or completeness of the information herein. In particular, no opinion or representation is rendered as to whether any projection will approximate actual results, and all opinions, estimates and assumptions, whether or not expressly identified as such, should not be considered statements of fact. No person has been authorized to give any information or to make any representations other than those contained in this Official Statement, and if given or made, such other information or representations must not be relied upon as having been authorized by the City. This Official Statement does not constitute an offer to sell or solicitation of an offer to buy in any state in which such offer or solicitation is not authorized or in which the person making such offer or solicitation is not qualified to do so or to any person to whom it is unlawful to make such offer of solicitation. FORWARD LOOKING STATEMENTS The statements contained in this Official Statement, and in any other information provided by the City, that are not purely historical, are forward- looking statements, including statements regarding the City's expectations, hopes, intentions, or strategies regarding the future. Readers should not place undue reliance on forward- looking statements. All forward- looking statements included in this Official Statement are based on information available to the City on the date hereof, and the City assumes no obligation to update any such forward- looking statements. It is important to note that the City's actual results could differ materially from those in such forward- looking statements. The forward- looking statements herein are necessarily based on various assumptions and estimates and are inherently subject to various risks and uncertainties, including risks and uncertainties relating to the possible invalidity of the underlying assumptions and estimates and possible changes or developments in social, economic, business, industry, market, legal and regulatory circumstances and conditions and actions taken or omitted to be taken by third parties, including customers, suppliers, business partners and competitors, and legislative, judicial and other governmental authorities and officials. Assumptions related to the foregoing involve judgments with respect to, among other things, future economic, competitive, and market conditions and future business decisions, all of which are difficult or impossible to predict accurately and many of which are beyond the control of the City. Any of such assumptions could be inaccurate and, therefore, there can be no assurance that the forward- looking statements included in this Official Statement would prove to be accurate. AUTHORIZATION OF THE OFFICIAL STATEMENT The Official Statement will be approved as to form and content and the use thereof in the offering of the Certificates will be authorized, ratified and approved by the City Council on the date of sale, and the 80250741.5 - 24 - -336- Underwriters will be furnished, upon request, at the time of payment for and the delivery of the Certificates, a certified copy of such approval, duly executed by the proper officials of the City. The Ordinance will also approve the form and content of this Official Statement, and any addenda, supplement or amendment thereto issued on behalf of the City, and authorize its further use in the reoffering of the Certificates by the Underwriters. This Official Statement has been approved by the City Council of the City for distribution in accordance with the provisions of the Securities and Exchange Commission's rule codified at 17 C.F.R. Section 240.15c2 -12. ATTEST: City Secretary 80250741.5 By: Mayor - 25 - -337- 80250741.5 [This page intentionally left blank.] - 26 - -338- APPENDIX A FINANCIAL INFORMATION DEBT PAYABLE FROM TAXES Bonded Debt The table below shows the amount of direct tax supported debt of the City as of August 1, 2008 and adjusted to include the Certificates. 2008 Assessed Valuation (100% of Market Value) $ 16,220,116,351 Less: Exemptions 2.406,781.337 Net Taxable Assessed Valuation(I) $ 11813.355.014 General Improvement Bonds Outstanding(2) $ 152,030,000 Combination Tax and Revenue Certificates of Obligations Outstanding(2) 78,410,000 Tax Notes 22,260,000 State Infrastructure Bank Notes 3,250,000 The Certificates(*( 12.000.000* Total Indebtedness Payable from Taxes $ 267,950,000 Less: Self - Supporting Debt(3) $ 106,884,957 Applicable Interest & Sinking Funds(4) 10.063.710 116.948.667 Net Indebtedness Payable from Taxes ttj51.001.333 Ratio Total Debt to 2008 Net Taxable Assessed Valuation 1.94% Ratio Net Debt to 2008 Net Taxable Assessed Valuation 1.09% 2008 Estimated City Population 295,594 Total Debt Per Capita $ 906 Net Debt Per Capita $ 511 m ran '1) Pursuant to authority permitted by Section 1 -b, Article VIII of the State Constitution, the City has granted an exemption of $50,000 of market valuation to the residence homestead of property owners over 65 years of age and an exemption of $50,000 of market valuation for disabled property owners. Also, the legislature, pursuant to a constitutional amendment and Section 11.22 of the Property Tax Code, mandated an additional property tax exemption for disabled veterans or the surviving spouse or children of a deceased veteran who died while on active duty in the armed forces. The exemption from taxation applies to either real or personal property with the amount of assessed valuation exempted ranging from $1,500 to 53,000, depending on the amount of disability or whether the exemption is applicable to surviving spouse or children. Starting in tax year 1996, the exemption increased in range from $5,000 to $12,000 of assessed value. Additionally, State law provides that an eligible owner of agricultural land or timberland may apply to have such property appraised on the basis of productivity value or on the basis of market value, whichever is less. A 1981 constitutional amendment provides local governments the option of granting homestead exemptions of up to 30% of market value for the 1985 through 1987 tax years, and up to 20% of market value thereafter. Minimum exemption is $5,000. Since tax year 1982, the City has granted a homestead exemption of 10% of market value or $5,000, whichever is greater. The constitutional amendment further provides that taxes may continue to be levied against the value of the homestead exemption where ad valorem taxes have been previously pledged for the payment of debt, if cessation of the levy would impair the obligation of the contract by which the debt was created. The appraisal of property within the City is the responsibility of the Nueces County Appraisal District (the "Appraisal District "). The Appraisal District is required under the Property Tax Code to assess all property within the Appraisal District on the basis of 100% of its value and is prohibited from applying any assessment ratios. The value placed upon property within the Appraisal District is subject to review by the Appraisal Review board, consisting of seven members appointed by the Board of Directors of the Appraisal District. However, the Nueces County Appraisal District reappraises the value of property every year. The City is entitled to challenge the determination of appraised value of property by category within the City by petition filed with the Appraisal Review Board. Discount Bonds are shown at original issue amount. To continue to maintain this debt as self - supporting, transfers have been made from the Tourist and Convention revenues and Airport Parking and Texas State Aquarium revenues, Lexington Museum, Airport Lease revenues and parking, Reinvestment Zone #2, Municipal Hotel Occupancy Taxes, Manna, Golf Centers, Storm Water, and Solid Waste in amounts sufficient to pay both principal and interest on the self- supporting debt. See "THE CERTIFICATES- Security for the Certificates" in the body of the Official Statement. The Total Interest and Sinking Fund balance as of August 1, 2008 is 516,702,102. After deducting 39.63% or $6,619,032 which applies to self- supporting debt, the balance of the Interest & Sinking Fund applicable to tax supported debt of 10,063,710. Preliminary, subject to change. 80250741.5 A -1 -339- Estimated Overlapping Debt Expenditures of the various taxing bodies, such as school and special districts, within the territory of the City of Corpus Christi are paid out of ad valorem taxes levied by these taxing bodies on properties within the City. These political taxing bodies are independent of the City and may incur borrowings to finance their expenditures. Except for the amount relating to the City, the City has not independently verified the accuracy or completeness of such information as being accurate or complete. Furthermore, certain entities listed may have issued additional bonds since the date stated in the table, and such entities may have programs requiring the issuance of a substantial amount of additional bonds, the amounts of' which cannot be determined. The following table reflects the estimated share of overlapping net debt of these various taxing bodies. Taxing Body Calallen I.S.D. Corpus Christi I.S.D. Corpus Christi Junior College District Flour Bluff I.S.D. London I.S.D. Nueces County (excluding special districts) Nueces County Hospital District Nueces County (Port of Corpus Christi) F -M Roads and Flood Control Nueces County Road District No. 4 Nueces County WC &ID No. 4 Port Aransas I.S.D. Robstown I.S.D. Tuloso- Midway I.S.D. West Oso I.S.D. Total Net Overlapping Debt (1) Net Debt(1) $ 47,527,439 59,630,000 103,305,000 6,430,000 10,684,616 129,700,000 11,395,000 9,228,002 26,252,707 49,164,995 21,809,994 Percent Overlapping As Of Overlappina(2) Gross Debt 8 -1 -08 39.77% $ 18,901,663 8 -1 -08 94.22% 56,183,386 8 -1 -08 92.14% 95,185,227 8 -1 -08 85.45% 5,494,435 8 -1 -08 3.85% 411,358 8 -1 -08 37.05% 48,053,850 8 -1 -08 37.05% 4,221,848 8 -1 -08 37.05% — 8 -1 -08 37.05% -- 8-1-08 0.00% -- 8-1-08 0.47% -- 8-1-08 70.08% 6,466,984 8 -1 -08 0.13% 34,129 8 -1 -08 50.16% 24,661,161 8 -1 -08 32.16% 7,014,094 $266,628,135 Discount bonds are shown at original issue amount excluding subsequent compounding. (2) Overlapping percentage represents the percentage of the estimated land area of the particular entity covered by the City. Source: Municipal Advisory Council of Texas, Texas Municipal Reports and the City. 80250741.5 A -2 -340- Debt Ratios The following table shows a comparison of the ratios of net tax supported debt, estimated net overlapping debt and combined net debt to assessed value of taxable property and estimated population in the City for the past five fiscal years. For the purpose of this table, net direct debt consists of the City's tax supported debt less the amounts considered for self - supporting debt and applicable interest and sinking funds. Fiscal Year Ended 7 -31 Net Taxable Assessed Valuation Estimated Population Net Direct Debt - Tax Supported Ratio to Assessed Value Per Capita Net Overlapping Debt Ratio to Assessed Value Per Capita Net Direct and Net Overlapping Overlapping Debt Ratio to Assessed Value Per Capita 2009P/ $13,813,355,014 295,594 $151,001,333 1.09% $511 $266,628,135 1.93% $902 $417,629,468 3.02% $1,413 2008 $13,107,205,639 295,594 $148,043,286 1.13% 5501 $214,864,031 1.87% 5828 $392,907,317 3.00% $1,329 2007 $11,421,305,918 295,594 $154,533,327 1.35% $523 $301,068,635 2.64% $1,019 5455,601,962 3.99% $1,541 2006 510,478,530,288 293,122 $121,723,287 1.16% $415 $263,160,961 2.51% $880 $384,884,248 (I) As of August 1, 2008 and adjusted to include the Certificates. Preliminary, subject to change. 80250741.5 A -3 —341— 3.67% $1,313 2005 59,639,561,772 293,122 $127,808,249 1.33% $436 $213,945,142 2.22% $730 $341,753,391 3.55% $1,166 Debt Service Requirements - Tax Supported Obligations The following table sets forth the principal and interest requirements on the City's outstanding tax s 0 Q 0 F 5 0 O 0- 1 N r 0 00 M P b r N CO a m d At o NO 0 a m era < N N N N et H N N 0' 0 CO M a b n co a0 a 4 d t` are N m r $ m ^ ^ O a a H O O o 00 0 00000 ▪ r 000 a N N .mn .M mi n N. . H 00 0 0 0 0 0 N O o 0 0 N N ' 0 0 0W 0 0 0 0 0 O 0 0 O 0 O N O ON CO M b b N N 0 0 0 0 0 0 0 0 0 O 0 0 N _ N N N N _ 00 0 CO t CO r M en b Ts N r" - 'N" o r o m o n F a O M N en N N N N e N N m 0 00 r n 00 00 r fl a m b N r b N or m ▪ M Q M n O a a en 0 0 0 0 0 _ c ? ? 0 0 w o o d _ e Q\ 0 0 ▪ m e r o • r } 4 K O 0 _ N M O O O 0 0 N N N N N m CO N 0o' ^ W g 00 Q co h n Vb .0+ _ N e-e ar ,M, N era v Cap a W p O N ' h ON O m 0 00 00 n• ' b 0 0 0 0 q o b' 0 °o S a 0r g en 4 r N a e WI 0 000 0 un 00i W - At 01 m 0 0 0 0 qq W W W W co N N 0 000 - e re 0' ▪ V 00 00 N 0 0 0 0 0 a O O O o N N N N N M W O 0' e • Ea oo N d 0 �f o M b co r O r M M N - N W W" W m 00 0 0 At en N a An rn D n W a 0 N a h N a M - N N At Al- co N „ N h D or 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b • N M Om tre At a a ' N N At m b r co AA 00 e a 00 e e d At 0 „ „ M M N OA a 00 Al: d ▪ W O a CO $ pl. n n w b b O 0 0 d Wn 00 m C at ✓ < O M N 0o 00 00 00 O O o N O O O 0 01 Cal b n n 0 0 in .m. e. ^ _ En 0 0 N e N 000 g O N At N OA n 0 00 b N 0 N 01 O W O N b e ad g 0' N e Q O V 0 0 0 0 0 o o 0 o O h O O " 0 ON • m a b N 0, 0, 0, 0, - m 01 a W ✓ r m a in N d e v• e 0 r r W W .r M N N N 0 N R - b ON eb W n N e o • o d r d O O V N r r e.i en N 00000 O Arc 0 err 0 e _ 0 N eri _ _ O ^ a 0 _ N 0 N 0 N N N -342- - 01 m b m O a W N n W N W M O a J a b O N N 01 .9 e e N M b M '4 ON N W W d d r ett Q 01 N O ri•r N 00 V O b 0 • 0 0 0 0 CO W 00 CO CO 0 0 0 0 0 N oo 00 CO < O b d r' N 0 CO b M e • M en m 0 0 0 0 0 O O 8 O O O pO O O Vi M c V d V - a m lO M co b r O O r a e ON °i N 1 r h ^ 0 N CO - 0 a b • O r N o a d N • W ON 1- N _ _ 0 0 0 0 0 e e g o e N N e N 0b N _ b an en OA a d V • N N N N N 0 (V 0 0 0 N 0 m O At. • 01 to a < o r N m m a m Cr a N N N N N N O M O e v a v 0 - • 01 0 r- § 00.0 N N O O Or� N S g N N pay !Z. ^ bb 00000 b Ca 0 Ca en co. b Cal M 00 V M N M N N O 0 r r r N N1 N -7 00 to O 0 0 0 O o O O O co ° e b 01 e N 01 N V1 N h 0 m n N N b N N N e M ti 00" N d N N • N N N N en en O N r b N r C M b en r h C r b CO 00 _ N b en 00 b e 05000 N a Or V N y At en b N M 0 m e▪ Nn M N N N N N CA ON a N N N — 0 0 h ve re 1 1 00 r N " a m At m 01 00000 N N 0 0 in At 00 CO at: N (01.4 r O CO 000 01 h O N OO t0 r▪ ` W 000 000 N W 0 0 m N _ 01 O n.. .e. ". r 01 ' O O 0 • 0 Fr; 0 0 Es En- b b V 0" r O N 01 N CA An e _ W N e i a P N N N O O y W - 0 O M. a N 01 en N _ 0 0 0 0 ° ▪ o S. m W a a W M M b 0n m 0 0 0 0 0 N N N N N 0' M $ 264,700,000 3 124,316,180 Q H Interest and Sinking Fund Management A ten year record of the City's policy of maintaining substantial reserves for the next year's debt service requirement on the City's Tax Supported Debt is set out below: Year Ended 7 -31 -1998 7 -31 -1999 7 -31 -2000 7 -31 -2001 7 -31 -2002 7 -31 -2003 7 -31 -2004 7 -31 -2005 7 -31 -2006 7 -31 -2007 7 -31 -2008 (5) (6) Principal and Interest Requirements $19,479,132 20,205,909 20,408,071 20,439,775 23,613,985 24,221,824 26,360,208 27,769,909 27,987,764 30,622,578 29,126,509 (2) (3) (4) (6) Tax Collections & Other Revenue() $19,429,559 20,592,558 19,276,889 20,771,761 22,817,235 24,846,218 25,704,993 26,846,675 27,915,111 31,988,938 34,206,340 I &SF Balance Percent of Next Year's End of Year(5) Requirements $12,481,417 61.8% 12,878,565 63.1% 11,747,384 57.5% 12,079,370 51.2% 11,282,621 48.1% 11,907,015 46.2% 11,251,800 42.2% 10,328,564 36.0% 10,255,911 33.5% 11,622,271 39.9% 16,702,102 40.4% Other revenue includes transfers from Enterprise funds for self - supporting debt, interest on reserve and construction funds and other sources. On December 1, 2001, a partial refunding of the City's General Improvement Bonds was effected to take advantage of lower interest rates. Principal and interest in the amount of $11,340,000 includes $197,291 in bond issuance expenses paid on this refunding issue. On April 1, 2003, a partial refunding of the City's General Improvement Bonds was effected to take advantage of lower interest rates. Principal and interest in the amount of $22,575,000 includes $338,430 in bond issuance expenses paid on this refunding issue. On September 1, 2004, a partial refunding of the City's General Improvement Bonds was effected to take advantage of lower interest rates. Principal and interest in the amount of $27,769,909 includes $365,529 in bond issuance expenses paid on this refunding issue. On June 1, 2005, a partial refunding of the City's General Improvement Bonds was effected to take advantage of lower interest rates. Principal and interest in the amount of $27,769,909 includes $1,129,938 in bond issuance expenses paid on this refunding issue. Since 1988 the principal and interest requirements and Interest and Sinking Fund balance have included the Tax Increment Financing Zone debt, which is funded by taxes from the City, Nueces County, Corpus Christi Independent School District, and the Corpus Christ Junior College District. In 2004, the bonds associated with the Tax Increment Financing Zone #1 matured. The following table removes the Tax Increment Financing Zone debt and reflects only the City's debt from 1998 to 2007. Unaudited. Year Ended Principal and Interest Requirements 7 -31 -1998 $18,282,950 7 -31 -1999 19,009,051 7 -31 -2000 19,204,629 7 -31 -2001 19,248,172 7 -31 -2002 22,417,562 7 -31 -2003 23,019,971 7 -31 -2004 25,162,216 7 -31 -2005 27,769,909 7 -31 -2006 27,769,909 7 -31 -2007 27,769,909 80250741.5 Tax Collections & Other Revenue(1) $18,235,174 19,395,405 18,079,695 19,517,141 21,620,376 23,644,365 24,510,221 26,846,675 26,846,675 26,846,675 A -5 -343- 1 &SF Balance End of Year $12,481,294 12,867,642 11,747,619 12,076,587 11,279,401 11,903,795 11,251,800 10,328,564 10,328,564 10,328,564 Percent of Next Year's Requirements(4) 65.7% 67.0% 60.8% 54.4% 50.7% 48.5% 42.2% 36.0% 36.0% 36.0% Detailed Interest and Sinking Fund Management Index Budget Actual(') Act a Actual hal 2008 -2009 2007 -2008 2006 -2007 2005 -2006 2004 -2005 Balance on Hand Previous $16,702,102 $11,622,271 $10,255,911 $10,328,564 $11,251,800 Year Revenues: Ad Valorem Taxes 25,903,038 24,884,901 22,036,645 20,455,666 16,655,492 Payment from Texas State 518,318 508,685 518,117 500,427 512,182 Aquarium Payment from Lexington 285,022 248,869 347,173 352,849 283,800 Museum Associates Payment from Corpus Christi - - 272,234 252,841 Cony. & Visitors Art Museum Bureau to TESS 7,425 Fund Contributions: Transfer from Airport Fund 198,181 423,206 510,582 533,518 716,862 Transfer from Golf Centers 11,030 64,763 -- - - -- 12,723 Fund Transfer from Hotel 2,489,296 1,886,648 2,492,279 2,557,083 2,680,966 Occupancy Tax Fund Transfer from Visitors 15,026 15,169 15,294 15,222 Facility Fund Transfer from General Fund 4,165,235 4,185,390 3,830,940 1,270,270 2,305,369 Transfer from Maintenance -- 147,051 148,448 149,673 148,966 Services Fund Transfer from Municipal - 196,869 200,194 200,378 199,432 Information Services Fund Transfer from Marina 19,023 76,910 123,779 90,018 39,590 Revenue Fund Transfer from Utility System 176,951 998,214 1,193,334 1,169,187 1,268,760 Fund Transfer from Stores Fund 14,523 14,661 14,782 14,712 Transfer from Employee 15,522 15,669 15,799 15,724 Benefits Fund Interest on Investments: 230,936 539,763 541,948 310,508 Total Revenues 33,997,030 34,206,340 31,988,938 27,915,111 26,557,604 Expenditures: Principal retired Interest Paying agent fees Refund of Bond Issuance Cost Total expenditures 41,397,513 Closing Balance $ 9,301,619 30,245,000 18,007,816 20,065,000 18,340,000 18,960,000 11,140,513 11,107,836 10,545,155 9,656,942 7,013,139 12,000 10,857 12,423 10,774 12,234 -- -- -- (19,952) 1,495,467 o) Unaudited. 80250741.5 29,126,509 30,622,578 27,987,764 27,480,840 $16,702,102 $11,622,271 $10,255,911 $10,328,564 A -6 -344- w z z Major Sources of Revenue b en r yU U • 0 O q% G b C m N O 0 5 C. C N 00p 0 iy O W w —„ Rix 8 m W O m O 0 N COI E. ti m ▪ • O m • W�y a C ✓ O g tUU 0 o. C. p O an w 5 O 3 N FO o e 0 0Z N N 0 • m N O m U U N h 5 Q O m N 40 � Not--g Ompn e N N N Q - N e m O b • N 0! Vl 00 m e e Oi N Oqp. en c N vmi .-- O m re N 1� V • O 00 - to e b N b N H I, - Q N?- 0' `O N O p"""��1 ^ '0 O m iv a < 0 ' ;a4. r0`' a m N b'0 N m 0 Nt- 69 M- V m" ▪ I V Q in Q b O N O am0 co e 4 a .0 e p e 0 N h N e 00 n 0 0 a m :r h h e n e e - N Q 40- m 4 .c 0 t3 vi N H L-;1•714 ° e o m 0 o . N b 00 CO ^ m- v. ..n e 04 H N O. 00 m m N 0 mQ C 00 - e m N^ b b m 00 v. '0 0 l� R .b. 0 0 e �'0 O v. 00 m [N Ao O .r m ON O. el N N or .O^" OD ^ N 4 vi V N N '0 m 0 8 N 00 ▪ 0 0, N 0 0 b e ery N 00 N <• p Nor < b `0D. se N^ O e to 6 00 O. 04 . v0l ' 00 N .'0 m Q m on m^ m- e Om N N - vi r; - vi m o = Nf b e ^ m H • N 0 m NO 0 0 n 0 n 0r 0n 5 lorry rpl O. b O 8 V cno 0 0 N N 0 00 0- 0 O N e e N m b m m N co 00 V N. N .r oo V Oi .i m N 0 V N m e Q 00 ^ d ^ m a CO 0 v e 00 e Q I m Q y N .n s N N. " m N p ^ 0" - Q e O mT ... r m .D 0b o o e e m N t--,, s - w e 0 O m co br. - 4 ,A" " tre N O O. Os Q- 0 0 0 e 0 e b b o O br �n N in . N N O : a.n Q o. 0 lorry m m eery e en s .v b O' m N l' -. b O b- - 4 m N- b 01 Q 00 '0 0 0 e e - 00 0 1- en 0 0 0 N m e m r O ten b O co .11 Qi b N e ost OD en en Os m e 0 .O V N ~ - - - N N 00 • b N 0 a r 4 co co Na $ 159,756,959 5165,377,146 $186,398,619 $186,955,963 $ 155,062,716 c 17 0- -0 0 lA q 0 r..) ° 0 L F 4 y` .d a -- C e 6 U .r9 0 �[ 'C .pOj 0 0 -b, O O 0 0 O 0- 4, 5 ro 0 .i (. O 5 2 x E- —345— r Q a N m General Fund Balances Revenues: Taxes & business fees Licenses and permits Intergovernmental Charges for services Fines and forfeitures Interest on investments Miscellaneous Total Revenues Expenditures: General government Public safety Streets Solid Waste Health Community enrichment Miscellaneous Debt service: Principal Retired Interest Total Expenditures Excess (deficiency) of revenues over expenditures (3,338,861) Other financing sources (uses): Capital leases 2,279,932 Notes payable -- Operating Transfers in 5,226,267 Operating Transfers out (7,576,078) Total other financing sources (uses) (69,879) Excess (deficiency) of revenues and other (3,408,740) sources over expenditures and other uses ** Reclassif of balance previously accounted in Prop fd Residual equity transfer in (out) Fund balance at beginning of year 32,426,604 Fund balance at end of year $ 29,017,864 (2) 2008(3) Fiscal Year Ending July 31 2007 2006 $115,135,286 $ 111,500,632 631,439 3,399,993 276,088 497,520 47,384,793 44,505,375 6,915,124 6,907,942 1,425,051 1,500,447 899,537 1,064,729 $ 172,667,318 $ 169,376,638 14,786,052 $14,298,422 102,590,234 98,665,201 13,272,703 13,183,111 17,420,365 15,168,861 4,366,588 4,154,426 20,322,138 17,885,895 01 0) $ 107,938,813 3,493,616 2,462,754 40,709,838 6,118,520 1,004,660 837,913 $ 162,566,114 2005 2004 $ 104,338,441 $ 99,022,494 3,321,875 2,396,870 320,715 573,810 33,612,804 31,324,167 5,658,571 5,189,598 556,088 248,091 1,566,094 882,187 $ 149,374,588 $ 139,637,217 $14,457,192 95,426,920 12,917,944 13,556,875 4,237,565 17,727,971 n) 3,011,583 3,073,876 2,701,135 236,516 198,600 199,392 $176,006,179 $166,628,392 $161,244,994 ** Operating deficits were planned draws. (3) 14,428,290 81,095,158 10,496,626 13,767,222 3,918,970 17,162,371 529,809 3,326,548 221,280 $ 144,946,274 2,748,246 1,341,120 4,428,314 3,447,512 2,917,492 4,623,722 5,087,192 (5,405,534) (3,239,242) 2,665,880 4,765,442 5,414,126 6,106,562 27,012,478 $ 32,426,604 464,802 20,441,114 $ 27,012,478 2,032,704 5,726,103 (7,467,950) 290,857 4,719,171 15,721,943 $ 20,441,114 12,990,324 76,432,539 11,020,465 14,774,569 3,839,648 15,811,535 977,279 2,442,688 252,417 $ 138,541,464 1,095,753 3,083,773 5,573,152 (6,966,180) 1,690,745 2,786,498 12,935,445 $ 15,721,943 Beginning 2005, Miscellaneous expenditures were reclassified to General Government. On July 10, 2007, the City Council appropriated $2,902,327 of General Fund fund balance from FY 06-07 estimated excess revenues over expenditures. A majority of these funds were encumbered in FY 06-07 and then expended in 07 -08; thus intentionally drawing down the fund balance in FY 07 -08. An additional $500,588 was appropriated by the City Council from FY 07 -08 excess revenues over expenditures for repairs to the City's Water Garden and $306,017 was appropriated by the City Council FY 07 -08 excess revenues over expenditures for "one -time" expenditures for the buy -down of lease purchases. Unaudited. 80250741.5 A -8 -346- Industrial Districts During 1980, the City designated two areas of land within its extraterritorial jurisdiction as industrial district areas for the purpose of establishing industrial district contracts. An annual in lieu of tax payment is collected from industries located thereon in return for continuation of their extraterritorial status. Both areas combined comprise approximately 14,020 acres. The improvements located thereon are primarily commercial or industrial in nature. The area designated as Industrial District Number One is located on the City's northeast side contiguous to Nueces Bay and the harbor area. Industrial District Number Two is located on the City's northwest side and is bound primarily by the east City limit line, F.M. Road 1694 and State Highway 44. The City's authority to designate industrial districts is provided under Section 42.044, Local Govemment Code of the Revised Civil Statutes of Texas and extends to the entire extraterritorial jurisdiction of the City. Subsequent to designation of the above mentioned area, all owners or lessees of property used for industrial purposes in either area were provided an opportunity to execute one or two industrial district agreements approved by the City. The agreement would provide an industry immunity from annexation for the term of the contract (presently ten years), and allow an extension of the agreement beyond that period by mutual agreement. The agreement also provides for an annual in lieu of tax payment based on the market value of property within each company's designated industrial district. The payment is computed by applying the tax rate to 100 percent of the market value of the industrial district's land and to 60 percent of the market value of improvements located on such land. New improvements completed since January 1974, are considered at a reduced percentage of market value (i.e., on a sliding scale up to 60 percent). An additional 15 percent of market value of an industry's improvement property is considered in calculating the payment if an industry is not a member of the Refinery Terminal Fire Company and depends on the City Fire Department for fire protection. All in lieu of tax payments are recorded as revenue to the City's General Fund. The agreement first became effective January I, 1981, and the City Council has authorized three extensions of all contracts, the last being effective January 1, 2004. Sixty companies are now operating under industrial district agreements. 80250741.5 [The remainder of this page intentionally left blank.] A -9 -347- The total assessed value of land and improvements comprising all the existing industrial districts approximated $2,051,073,400 as of January I, 2007. The City received industrial district payments as follows: m Fiscal Year Amount 1997 -98 5,223,486 1998 -99 5,174,725 1999 -00 5,120,527 2000 -01 5,249,555 2001 -02 5,631,939 2002 -03 5,797,095 2003 -04 5,917,118 2004 -05 5,754,083 2005 -06 5,865,286 2006 -07 5,892,233° 2007 -08 5,676,8680) The City Council adopted a financial policy to adopt the effective tax rate which lowered the actual property tax rate. Since the assessed values for the industrial district properties die not materially increase, the amount of cash decreased. Sales and Use Tax The City imposes a 1% sales and use tax which is now one of the major sources of income for the General Fund. Revenues from Sales Tax for the past ten fiscal years have been as follows: % of ad Equivalent of Sales Tax Per Total Valorem Ad Valorem Capita Last Fiscal Year Collected Tax Levy Tax Rate Census 1997 -1998 28,732,516 66.10% 0.41 111.60 1998 -1999 29,641,048 65.80% 0.41 115.13 1999 -2000 30,590,459 65.72% 0.41 110.25 2000 -2001 32,051,919 67.16% 0.42 115.52 2001 -2002 32,674,742 63.17% 0.41 117.77 2002 -2003 32,351,154 59.60% 0.38 116.60 2003 -2004 34,120,633 59.20% 0.38 122.98 2004 -2005 36,367,571 63.09% 0.41 128.95 2005 -2006 39,442,670 60.46% 0.38 131.65 2006 -2007 42,082,398 61.68% 0.37 142.37 2007 -2008 44,253,526 60.80% 0.34 148.78 *Collections through August 1, 2008 80250741.5 [The remainder of this page intentionally left blank.] A -10 -348- GENERAL EXPENSES') <t M_ a 5 5 L 0 0 0 q V a E 0 O op b S O ,1 N-II0 0000P ,U,IrE�n ^Pm rt%3II rri vi �riri so M F N G S V V^OP 118.808 000, 8 e,, ofi °°° wo -� N N b N e N p m PrAM1r I1 P Qpry, N w Ner ,.r NCO moE ,v N O- Q 0 & m m $ea 4 '6A $aNemry 00 00F a4 <o ' a:°g I0\ v 0 0ar> w, -0N w voce N r N`^ Pro1�Nmr ow-r..: O b m_t r e 8 v1 - b P N e 8 O b b b m b N ci V P ^ V t.( w b r P 00 r4 O ri- pe _ M M 0Go N rief POOQ'- = 0 e$ O ,Q1 T P °q, P m0v O °n - ' °dN PI-'0 M N N w N N P Q Oro p 00 w ,0 h 0.,G O O �I�Bma ^ry ."- _ a� N P O Q 00 w c 1 8 y 0 o3 ruA. E0 ° Ucn a o II° o c o S D R s 0 0 :;ahMVUY]V>n� m ELt C Q E. „ s. m k E = o t= u U s U I. w 4 g a. K. 5 5. o W .=i �' U 0 8 5 g W J ..§. e E 'E 7 me E 0 Si U u t. g 11 . u n e E == 'w we t .p 2 E g5 a g U W 'N O Ts W g �� 0 0. •S '� W ° 2 8 4° as w B H > u � - = a @ a A a U ° o ° ° F ` W N m .2. . 3 C w U L ° .0 2 - G U E —349— N O 00 AD VALOREM TAXES Subject to certain exemptions, the property tax is imposed on real and personal property situated in the City. In addition to exemptions discussed below, principal categories of exempt property include property owned by the State of Texas or its political subdivisions if the property issued for public purposes; property exempt from ad valorem taxation by federal law; certain household goods, family supplies, and personal effects; farm products owned by producers; certain property associated with charitable organizations, use and development associations, religious organizations, and qualified schools; designated historic sites; solar and wind powered energy devices; and most individually owned automobiles. In addition, owners of agricultural and open space land, under certain circumstances, may request valuation of such land on the basis of productive capacity rather than market value. Exemptions - Over 65 and Disabled Pursuant to provisions of the Texas Constitution, the City may exempt an amount from the assessed valuation on the homesteads of persons 65 years of age or older and certain disabled persons to the extent approved by the City Council (and must grant an exemption to the extent voted by the majority of the City's voters at an election called upon a petition of 20% of the number of voters voting in the City's most recent election). Disabled Veterans Exemptions Beginning with the tax year 1976, under provision of the Texas Constitution, the City must grant an exemption ranging from $1,500 to $3,000 of assessed value of residential homesteads or personal property of disabled veterans who file for the exemption based on a formula of the percent of disability claimed. Starting in tax year 1996, the exemption increased in range from $5,000 to $12,000 of assessed value. Exemption - Local Option Under provisions of a Constitutional Amendment, the City has the option of granting a homestead exemption of up to 20% of market value. Minimum exemption is $5,000. For the years beginning with 1982, the City has granted 10% of market value or $5,000 exemptions, whichever is greater. In a statewide election held on September 13, 2003, Texas voters approved an amendment to Section 1 -b, Article VIII of the Texas Constitution, that would authorize a county, city, town or junior college district to establish an ad valorem tax freeze on residence homesteads of the disabled and of the elderly and their spouses. On November 2, 2004, citizens approved the establishment of the tax limitations described above. See "THE CERTIFICATES - Security for the Certificates" and "EFFECT ON THE TAX RATE LIMITATION" in the body of the Official Statement. Once the tax limitation is established, the total amount of ad valorem taxes imposed by the City on a homestead that receives the exemption may not be increased while it remains the residence homestead of that person or that person's spouse who is disabled or sixty-five years of age or older, except to the extent the value of the homestead is increased by improvements other than repairs. If a disabled or elderly person dies in a year in which the person received a residence homestead exemption, the total amount of ad valorem taxes imposed on the homestead by the taxing unit may not be increased while it remains the residence homestead of that person's surviving spouse if the spouse was fifty -five years of age or older at the time of the person's death. In addition, the Texas Legislature by general law may provide for the transfer of all or a proportionate amount of the tax limitation applicable to a person's homestead to be transferred to the new homestead of such person if the person moves to a different 80250741.5 A -12 -350- residence within the taxing unit. Once established, the governing body of the taxing unit may not repeal or rescind the tax limitation. 80250741.5 [The remainder of this page intentionally left blank.] A -13 -351- Assessed Valuations 0 N 0 m .5 0 W 0D O O N 0 xT 00" 0 00 T 2 1.� • ° o a 4 q W COO U kti a) - U ° ' 3 .4 • 7 Tal • ° no w mi > 6 6 a o a Q L Si N 7 • ° o s o 0 ❑ V O o N za • 0 H ° 0 D > m N co zy 0e eee e eeee N O O M ,„ O N l0 00 in M M v1 t/"t 0 co N 00 Vt V 0 00 O\ CA 0 00 0 00 et n- Cr N - e erooNV V . -� .,rntnM P- -+ --� N 10 O t- N M '0 CO N [\ et h N M et 00 h N irk M N M l n N 00 00 0 1` et H M l� O vl O 10 H 10 in N N t ` O et a w 0 T M et N 00 on 0\ O .- en In l0 M in 1-- 00 N 00 00 ON et O 0 in N 01 N 00 H M H N et 0 t� M t` N O n 10 00 t` in 10 1D O O\ 0 vi in 00 0 N'0 ON N O O to O �. b 00 WI h N M N N 01 1D t\ 0\ con t` en 10 v) N N et M t- N O et VD O et ON 1D v ern o0 NN t. 00 00 00 01 0" - m ^ t- N h 00 1D M ON et en N 0 O et 10 00 Bel T in N'0 VD' e• t- M • N con 0 t M 0 00 00 O O 10 0\ • N M 00 0\ of M vt 10 10 N O • M • t --� O t---" ` N et M of 01 D\ M 00 et et 00 68 01 O O O ••+ N N et et U '0 et 01 N M N- CA O 10 N M M t-- 0 et 0 0 t` 0\ v1 y2y V0 00 n 0000 et 0D N 0 00 0 l0 �,,,� y N 00 1 N 10 N 00 0 00 N do Ca ve c\ 0• 1 '- M M 10 '0 • -+ Z Q' N O O N Hr, 00 00 vl 01 01 O O O ^. Hn n. ern et O 00 ° 0 in O 03 ¢a ON et in 01 N et N 10 00 0 V1 Cf 0 0 0 0 01 C N N N 00 N O 00 M M 10 O 01 et t` O1 vi of 01 in in, M N M t\ 1D M M M 10 in 10 O N et N ON O N 00 el- t-- Oi h N to N '- 10 0' 00 t- M N N t-- N 10 t-- M 00 O et 0 in N O l� W • 0• 0 0• 0 01 O • -- 69 00 01 tD in in in 01 00 et 1D 1D N N in 10 t-- et of in 10 N 10 O M 7 00 t0 00 00 0 0 et et 0 ten e• t 0 et 001 n • N v) O 10 t-- et et 0 p 00 D\ N • 0 u• t 10 v• i h • et O • -- ▪ N N N 10 01 M Q1 10 vt t� O O t ' et N N 10 M 10 10 t` N • N 00 0 • 0 -• - e 69 0 0 0 0 0 0 0 0 O 000000000 0 0 0 0 0 0 0 0 0 N ON 0 H N M 7 in 10 t- 00 -° 001 0 0 0 0 0 0 0 0 0 • �. "' •- N N N N N N N N N -352- Fuca e 2 •a-.^ a 2 03 ▪ 0oo ti 5 0 c i - a� 0 aSo aa) aWaa ;.. U sa oa °p .5 .5 N -0 0 a e 0 O O 0 01 W QO 0 in a a 3 � a N o 9 6. U O X 7 b X ° a '5 h. a iO ° m ▪ O a O a e • yN y R 't .O op U U C • t as a 0 28 's82g 0 . =a 00 4 a � y N 7- 00 o 00 O• ra O O O 01 X z.-2,11g.• `4,6 ° N 'S h ° ° 0 E b T .. O O L to U ° 0 ' R m w gg b ° 0 m ao .c - � m O ° O w- o - L a) U O O ,0 0 g tt F 'C M 0) O t0 CU w 6 U° X o _ o a pp cm: O ch ° a) 0 w v CS O 04 ° a 0 0 tO C ° 2t/� .- to 0 L 0 > \ .O 0) 0 4 y -ti 0 O m t0 a 8 O 0 0 a' x O L .a ==W' . s a 5 ° 8 w -0 2 ¢ 0f O .7 ° Cl o 00 00 Exemptions - Over 65 and Disabled Over 65 Exemptions Tax Assessed Value Number of Assessed Value Average Year Exemption(1) Exemptions of Exemptions Value 1999 $50,000 16,004 $636,786,100 $39,789 2000 50,000 16,255 668,199,827 41,107 2001 50,000 16,458 684,880,475 41,614 2002 50,000 16,602 713,508,103 42,977 2003 50,000 16,670 729,550,443 43,764 2004 50,000 16,770 747,885,037 44,597 2005 50,000 16,795 756,289,977 45,031 2006 50,000 16,963 774,757,868 45,673 2007 50,000 17,169 802,710,170 46,753 2008 50,000 17,255 805,583,221 46,687 Disabled Taxpayers Exemptions Tax Assessed Value Number of Assessed Value Average Year Exemptionw Exemptions of Exemptions Value 1999 $50,000 2,535 $93,292,702 $36,802 2000 50,000 2,652 101,418,975 38,242 2001 50,000 2,765 108,303,281 39,169 2002 50,000 2,880 115,715,191 40,179 2003 50,000 3,038 124,941,699 41,126 2004 50,000 3,270 136,391,738 41,710 2005 50,000 3,543 153,034,972 - 43,194 2006 50,000 3,859 169,483,323 43,907 2007 50,000 4,076 185,024,920 45,394 2008 50,000 4,292 194,747,769 45,375 Disabled Veterans Exemptions Tax Assessed Value Number of Assessed Value Average Year Exemptionl03 Exemptions of Exemptions Value 1999 w 2,061 $19,024,837 89,231 2000 (3) 2,092 19,290,426 9,221 2001 (3) 2,143 19,814,977 9,246 2002 (3) 2,241 20,755,630 9,262 2003 (3) 2,404 22,271,738 9,264 2004 (31 2,562 23,814,922 9,295 2005 131 2,675 24,676,048 9,225 2006 (3) 2,824 26,184,760 9,272 2007 131 2,997 27,828,172 9,285 2008 (3) 3,121 30,523,222 9,780 80250741.5 A -15 -353- Exemption -Local Option Tax Assessed Value Number of Assessed Value Average Year Exemption Exemptions of Exemptions Value 1999 (4) 52,513 $366,149,406 $6,973 2000 (4) 54,333 392,740,809 7,228 2001 ( 4) 55,189 414,770,371 7,515 2002 (4) 56,051 434,924,406 7,759 2003 (4) 56,560 467,542,416 8,266 2004 ( 4) 57,473 503,873,807 8,767 2005 (0) 57,748 540,248,333 9,355 2006 ( 4) 58,332 584,117,044 10,014 2007 0) 58,802 669,143,866 11,380 2008 (0) 59,672 704,460,740 11,806 (3) (4) This exemption was granted pursuant to an election held on April 6, 1987, called upon petition of the voters of the City. Beginning with tax year 1976, under provision of the Texas Constitution, the City must grant an exemption ranging from $1,500 to $3,000 of assessed value of residential homesteads or personal property of disabled veterans who file for the exemption based on a formula of the percent of disability claimed. Starting in tax year 1996, the exemption increased in range. The new range is from $5,000 to $12,000 of assessed value. Under provisions of a Constitutional Amendment, the City has the option of granting homestead exemption of up to 20% of market value. Minimum exemption is $5,000. The City has granted 10% of market value or $5,000 exemptions, whichever is greater. Tax Abatement State law authorizes subdivisions of the State of Texas to grant tax abatements to any person, organization or corporation in order to stimulate economic development within the State. Consequently, the City Council has adopted a resolution establishing criteria whereby the City will, on a case -by -case basis, give consideration to providing tax abatement to any qualifying applicant. Generally, the period of abatement is for up to two years during the period of construction and for five years thereafter with a maximum period not to exceed seven years. The percentage of tax abated shall be determined based upon permanent jobs provided by the project as follows: 0% on 49 or Tess; 50% on 50 to 99; 75% on 100 to 199; 100% on over 200. Notwithstanding the resolution adopted by the City Council, or the criteria attendant thereto, it is not implied or suggested that the City is under any obligation to provide tax abatement to any applicant. As of January 1, 2008 the estimated value of property in the City that was subject to tax abatement is $16,087,786. Tax Rates and Limitations The maximum tax rate permitted by the Constitution of Texas is $2.50 per $100 of assessed valuation. On April 3, 1993, the citizens of Corpus Christi voted to amend the City Charter which contained a tax limitation of $0.68 per $100 of assessed valuation for all purposes including debt service. The amended Charter provides for the tax rate to increase up to the State limit for voter approved debt authorized after April 4, 1993. The ad valorem tax rate is levied each year by the City Council through the adoption of a tax rate ordinance. Effective January 1, 2000, all taxing units must adopt their tax rates before the later of September 30 or the 60th day after the taxing unit receives the appraisal roll. The following table indicates the tax rate distribution for the past nine tax years and current tax year. 80250741.5 A -16 -354- Tax Rate Distribution (per $100) Tax Year General Fund Interest & Sinking Funds Total 1999 $0.468133 $0.155593 $0.623726 2000 0.463133 0.160593 0.623726 2001 0.457523 0.186652 0.644175 2002 0.460031 0.184144 0.644175 2003 0.466554 0.177621 0.644175 2004 0.460000 0.174175 0.634175 2005 0.426624 0.199175 0.625799 2006 0.403197 0.199175 0.602372 2007 0.364671 0.199175 0.563846 2008 0.364671 0.199175 0.563846 Truth -in- Taxation Limitation Under Title 1 of the Texas Tax Code (known as the "Property Tax Code "), the City must annually calculate and publicize its "effective tax rate" and "rollback tax rate ". A tax rate cannot be adopted by the City Council that exceeds the lower of the rollback tax rate or the effective tax rate until two public hearings are held on the proposed tax rate following a notice of such public hearings (including the requirement that notice be posted on the City's website if the City owns, operates or controls an internet website and public be given by television if the City has free access to a television channel) and the City Council has otherwise complied with the legal requirements for the adoption of such tax rate. If the adopted tax rate exceeds the rollback tax rate the qualified voters of the City by petition may require than an election be held to determine whether to reduce the tax rate adopted for the current year to the rollback tax rate. "Effective tax rate" means the rate that will produce last year's total tax levy (adjusted) from this year's total taxable values (adjusted). "Adjusted" means lost values are not included in the calculation of last year's taxes and new values are not included in this year's taxable values. "Rollback tax rate" means the rate that will produce last year's maintenance and operation tax levy (adjusted) from this year's values (adjusted) multiplied by 1.08 plus a rate that will produce this year's debt service from this year's values (unadjusted) divided by the anticipated tax collection rate. Levy and Collection of Taxes The City has contracted for the collection of its property taxes with the Nueces County Tax Assessor /Collector. In July or August of each year, the rate of taxation is set by the City Council based upon the valuation of property within the City as of January 1. Ad valorem taxes are due on receipt of a tax bill and payable from October I of the year in which levied until January 31 of the following year without interest or penalty. Split payments are not allowed. On February 1, the unpaid taxes become delinquent and have a penalty and interest charge of seven (7 %) percent. Taxes delinquent from March 1 through June 30 have an additional penalty and interest charge of two (2 %) percent per month for a total penalty and interest charge of fifteen (15 %) percent. Taxes delinquent on July 1 have a total penalty and interest charge of eighteen (18 %) percent. Taxes delinquent on July 1 accrue an additional fifteen (15 %) percent for collection cost of taxes. Unpaid taxes after July 31 accrue an additional interest charge of one (1 %) percent per month until paid. The Property Tax Code makes provision for discounts for early payment and the postponement of the delinquency date under certain circumstances. Fiscal year 1991 -92 80250741.5 A -17 -355- was the last year the City granted a discount for early payment. The discounts were three (3 %) percent in October, two (2 %) percent in November, and one (1%) percent in December. For fiscal years after 1991- 92, the City did not offer discounts. 80250741.5 [The remainder of this page intentionally left blank.] A -18 -356- Levy and Collection of Taxes The following Table I sets forth a comparison of the net taxable assessed valuation, tax rate levy and percentage of taxes collected for the past nine fiscal years. Table II sets forth a comparison of the tax levies and also indicates the amount of uncollected delinquent taxes. Table I Tax Net Taxable Tax Year Year Assessed Valuation Rate % Current % of Total Ending 1999 $7,462,585,204 $0.623726 96.3% 99.0% 7-31-00 2000 7,652,057,403 0.623726 96.2% 98.7% 7 -31 -01 2001 8,029,325,055 0.644175 96.1% 99.0% 7 -31 -02 2002 8,426,656,727 0.644175 96.1% 99.1% 7-31-03 2003 8,947,896,398 0.644175 96.1% 98.9% 7-31-04 2004 9,639,561,772 0.634175 96.3% 99.3% 7 -31 -05 2005 10,478,529,288 0.625799 96.0% 98.6% 7 -31 -06 2006 11,421,305,918 0.602372 95.2% 97.7% 7 -31 -07 2007 13,107,205,639 0.563846 94.4% 96.8% 7 -31 -08 Table II Outstanding Delinquent Delinquent Outstanding Tax as Fiscal Tax Net Current Current Tax Tax Total Tax Delinquent Percent of Year Year Tax Levy Collections Collections Collections Tax Current Levy Ending 1999 $46,546,084 $44,836,825 $1,256,701 $46,093,526 $4,855,538 10.4% 7 -31 -00 2000 47,727,871 45,900,923 1,200,467 47,101,390 4,973,081 10.4% 7 -31 -01 2001 51,772,865 49,683,646 1,509,804 51,193,450 5,036,692 9.7% 7 -31 -02 2002 54,282,374 52,161,807 1,631,724 53,793,530 4,985,476 9.2% 7 -31 -03 2003 57,640,112 55,417,905 1,575,879 56,993,784 6,332,114 11.0% 7 -31 -04 2004 61,131,691 58,864,317 1,829,112 60,693,430 4,794,920 7.8% 7 -31 -05 2005 65,237,253 62,656,806 1,684,900 64,341,706 4,961,481 7.6% 7 -31 -06 2006 68,230,749 64,961,636 1,704,973 66,666,609 5,038,461 7.4% 7 -31 -07 2007 72,790,742 68,696,896 1,738,155 70,435.051 5,241,882 7.2% 7 -31 -08 80250741.5 A -I9 -357- Principal Ad Valorem Taxpayers The following table identifies the taxpayers in the City with the twenty largest assessed 2008 and their comparable 2007 assessed valuations where available. Name of Taxpayer 1 American Electric Power Texas Central Co. 2 Markwest Javelina Pipeline Co 3 Padre Staples Mall, LP 4 H. E. Butt Grocery Company 5 SABCO Operating Company 6 AT &T 7 Bay Area Health Care 8 Wal -Mart Auto Center 9 Zohouri Developments Mustang Island LLC 10 TRT Development Company 11 Flint Hills Resources, LP 12 HD Development Properties LP 13 Sterling Energy Inc. 14 Camden Property Trust 15 Orion Drilling LP 16 Fancy Enterprises NV, LTD 17 One Shoreline Properties LTD 18 Weingarten Realty Investors 19 Case Walnut Ridge Apartments LP 20 Coastal Drilling Co. Type of Business 2008 Assessed Value Electric Utility $ 121,280,080 Energy and Natural Gas 70,753,370 Commercial Properties 64,972,156 Retail Stores 58,878,328 Petroleum Company 57,921,940 Telephone Services 53,981,010 Hospital/Healthcare 50,004,843 Retail Stores 45,695,687 Commercial Properties 36,481,984 Commercial Properties 36,453,760 Petroleum Company 30,588,371 Commercial Properties 29,332,327 Power Plant Industry 24,728,100 Commercial Properties 24,114,102 Petroleum Company 23,184,000 Developer 23,068,444 Commercial Properties 22,400,007 Retail Stores 22,006,156 Commercial Properties 21,027,219 Petroleum Company 20,778,400 $ 837,650,284 Percentage of Total to Tax Year 2008 Net Taxable Assessed Value Source: Nueces County Appraisal District. 80250741.5 [The remainder of this page intentionally left blank.] A -20 -358- 6.06% valuations in 2007 Assessed Value $ 123,714,620 71,164,230 63,438,255 72,941,878 37,396,790 61,429,560 49,982,018 45,152,572 36,481,984 36,452,971 25,931,263 29,541,409 18,425,438 24,114,102 17,395,815 22,606,572 22,400,007 24,185,657 21,027,219 6318 400 $ 810,100,760 FIVE YEAR OPERATING STATEMENT FOR SOLID WASTE Revenues: Solid Waste Services Refuse Collection Fees: Residential Commercial and Industrial Municipal solid waste system service charge Refuse Disposal Charges Disposal Charges - Landfill Project Refuse Collection Permits Special Debris Pickup Recycling Recycling containers TNRCC -COG Recovery of Charged Off Accounts Miscellaneous Total Solid Waste Revenues Expenditures: Solid Waste Office J.C. Elliot Transfer Station Refuse Collection Refuse Disposal Brush Collection Recycling Collection Cefe Valenzuela landfill operation Cash for Trash Landfill Regulation Compliance Landfill Closure Costs Total Solid Waste Expenditures Excess of Revenues over Expenditures (1) (2) Unaudited NOTE: "Refuse Disposal" expenditures include an annual transfer to debt service for landfill improvements. 2003 -04 $ 10,174,714 1,156,987 1,653,689 8,185,917 21,545 210,527 3,529 1,041 28,079 $ 21,436,028 1,194,920 6,149,445 4,985,777 1,973,950 1,033,260 26,851 2004 -05 $ 11,268,019 1,217,445 1,705,416 8,499,872 8,654 22,358 206,218 1,512 79,075 58,283 $ 23,066,852 1,291,851 6,133,245 5,577,891 1,957,596 1,043,811 62,021 2005 -06 $ 12,379,693 1,508,399 1,986,343 7,942,373 21,169 290,443 22,123 36,940 46 $ 24,187,529 1,199,292 6,246,501 5,307,198 2,043,769 1,000,110 600 2006 -07 2007 -08(2) $ 12,882,495 1,598,798 2,532,257 9,211,095 3,685 21,508 277,535 49,923 52,135 13,089 $ 26,641,520 1,070,526 5,113 6,010,021 8,242,844 2,195,561 1,036,377 142,070 1,860 $ 13,470,958 1,626,584 3,363,150 10,880,292 21,018 259,188 60,465 45,599 10 $ 29,727,264 1,044,068 1,101,656 8,735,599 8,122,709 2,470,849 1,042,570 786,722 $ 15,364,203 $ 16,066,415 $ 15,797,470 $ 18,704,372 $ 23,304,173 $ 6,071,825 $ 7,000,437 $ 8,390,059 $ 7,937,148 $ 6,423,091 Since Solid Waste is a General Fund department, this transfer is not reflected as a departmental expenditure in the Comprehensive Annual Finance Report due to Generally Accepted Accounting Principles (GAAP). 80250741.5 A -21 -359- THE TAX INCREMENT FINANCING ACT General Information On November 3, 1981, the voters of the State of Texas approved a constitutional amendment empowering the legislature to authorize by general law the issuance of bonds or notes by incorporated cities or towns to finance the development or redevelopment of an unproductive, underdeveloped, or blighted area within the city or town and to pledge for repayment of those bonds or notes increases in ad valorem tax revenue imposed on property in the area of the city or town and other political subdivisions. In anticipation of the adoption of the constitutional amendment, the Legislature, in 1981, adopted the Texas Tax Increment Financing Act of 1981 which is currently codified in Chapter 311 of the Texas Tax Code (the "Act "). The Act has been upheld through court challenge. The assessed value of property in a reinvestment zone at the time of the creation of the zone constitutes the base value as to all political subdivisions exercising taxing power within the reinvestment zone. Tax receipts from all such political subdivisions received as a result of increased assessed values over the base value (the tax increment) are placed in the tax increment fund and may be used to pay for capital improvements or to pay tax increment bonds or notes. Corpus Christi Reinvestment Zones On December 29, 1982, the City Council of the City designated a portion of the City as a reinvestment zone pursuant to the Act. This area, officially designated as Corpus Christi Reinvestment Zone No. 1 ( "Zone No. 1") generally includes the Bayfront area in and along the central business district south to approximately Ayers Street. This area has been the subject of an intensive study by City staff leading to the preparation of the "Bayfront Plan" After a staged review and adoption process by the Corpus Christi Planning Commission and City Council, the Bayfront Plan was officially adopted on December 29, 1982. The Act provides that the City and each other taxing unit may share in the tax increment allocation so long as the sharing basis is established by contract prior to the designation of the area as a reinvestment zone. The City, acting on behalf of Zone No. 1, entered into contracts with the City of Corpus Christi, the Corpus Christi Junior College District, Nueces County, Nueces County Hospital District, and the Corpus Christi Independent School District prior to passage of the reinvestment zone ordinance on December 29, 1982. These contracts established the basis for the participation of each taxing unit in the tax increment allocation. Zone No. 1 was divided into subzones A and B with a tax increment sharing plan established for each subzone. In subzone A, Zone No. 1 receives only the tax increment resulting from increases in assessed value due to new construction (any construction which increases values by twenty -five (25 %) percent) from the tax rates of the City and County, excluding the Hospital District, the Junior College District, and the School District. Subzone B is divided into areas 81 and B2. In area B1, Zone No 1 receives only the tax increment resulting from increases in assessed value due to new construction on unimproved properties from all participating governmental entities. In area B2, Zone No. 1 receives the tax increment resulting from appreciation on improved properties (those properties for which improvements were in place as of January 1, 1982) and all tax increment resulting from increases in assessed value due to new construction from all participating governmental entities. All participating governmental entities receive taxes on the base values (assessed values as of January 1, 1982), the appreciation on unimproved properties, and the value of the appreciation on new construction. In accordance with the terms of the ordinance approved by the City when Zone No. 1 was created, Zone No. 1 was terminated on March 1, 2004. 80250741.5 A -22 -360- On November 14, 2000, the City Council passed an ordinance creating the Corpus Christi Reinvestment Zone No. 2 ( "Zone No. 2 ") encompassing approximately 1,934 acres on North Padre Island. The preliminary plan calls for funding the local share of the reopening of a channel to the Gulf of Mexico, Packery Channel, along with beach restoration in front of the Padre Island seawall and related improvements. Nueces County, the Nueces County Hospital District, and Del Mar College (formerly Corpus Christi Junior College) have agreed to participate in Zone No. 2. Pursuant to rights reserved to and exercised by the citizens of the City in its Charter, a referendum petition was filed to require an election on whether to repeal the City's ordinance adopted on November 14, 2000. In response to the petition, the City Council called an election on repeal of this ordinance for April 7, 2001. At this election the citizens voted not to repeal the November 14, 2000 ordinance. In 2003, $5,000,000 in bonds were issued, in 2004 $4,100,000 in bonds and in 2006 $2,900,000 in bonds were issued and in 2006 $2,900,000 in bonds were issued by the North Padre Island Development Corporation, a non - profit corporation created by the City for the purpose of issuing bonds in furtherance of the development of Zone No. 2. In March 2008, the Corporation issued $13,445,000 in refunding bonds, refinancing all of the previously issued bonds, to generate a debt service savings. 802507415 [The remainder of this page intentionally left blank] A -23 -361- Reinvestment Zone Ad Valorem Taxes The following table sets forth the net taxable assessed values (assessed value net of exemptions) in Zone No. 2 for Fiscal Year 2007 -2008 and the related levy. The Corporation issued an additional $2,900,000 in 2006 to complete the $12,000,000 authorized amount. In 2008 the Corporation issued refunding bonds for the full amount of the bonds. Reinvestment Zone No. 2 Entity Nueces County Farm to Market Hospital District City of Corpus Christi College (1) Gross Appraised Value $360,853,525 360,853,525 360,853,525 360,853,525 360,853,525 Current Taxable Value $343,088,485 342,830,485 343,088,485 345,798,617 347,016,857 Jurisdiction Taxable Value $ 81,842,393 81,691,196 81,842,393 82,623,919 82,818,649 Jurisdiction Levy $ 287,580 3,509 118,493 465,872 457,096 $ 1,332,549 TIF Taxable Value $262,544,228 262,425,763 262,544,228 264,035,347 264,986,011 TIF Levy $ 922,535 11,270 380,117 1,488,753 384,901 $ 3,187,576 (1) Starting in Tax Year 2007, College District contributes a reduced percentage (60 %) to Reinvestment Zone No. 2. The Texas State Aquarium In 1996, the City issued $4,400,000 in Combination Tax and Texas State Aquarium Revenue Certificates of Obligation, the proceeds of which were used to purchase land, improvements, and capital equipment owned by the Aquarium and to build exhibits at the Aquarium which are deemed essential to continue to attract visitors. The debt service on these obligations are payable from revenues pursuant to the Contract between the City and the Association. The revenues identified under the heading "Operating Revenues - Admissions" in the following table are being made available to the City under a Contract with the Association, dated February 27, 1996, on a "gross revenue" basis. The contribution of such revenues may have an affect on the ability of the City or the Association to pay operating costs of the Aquarium exclusively from revenues generated from the use of the Aquarium. To the extent such revenues are not sufficient to pay debt service due and owing on these obligations, these obligations additionally are payable from a pledge of ad valorem taxes to be levied by the City. 80250741.5 [The remainder of this page intentionally left blank.] A -24 -362- APPENDIX B CERTAIN INFORMATION RELATING TO THE CITY OF CORPUS CHRISTI 80250741.5 B -1 -363- 80250741 .5 [This page intentionally left blank.] B -2 -364- The following information has been provided by the City from sources it believes to be reliable. Information contained herein regarding industries and other private institutions in the Corpus Christi area are for general background purposes only. INFORMATION CONCERNING THE CITY OF CORPUS CHRISTI Population and Location Corpus Christi is now the eighth largest city in the State of Texas with a population of 295,594 based on the City's revised 2008 estimate. The geographic location of the City on the Gulf of Mexico and the Intercoastal Waterway gives it one of the most strategic locations in the Southwest and has been important to its economic development. Additional general information concerning the City's population and economy can be found under the caption "Economic and Demographic Characteristics" in the City's financial information contained in Appendix C. Area The area of the City has increased through annexation as the City's population and industry grew. The City has had numerous annexations and now contains approximately 504 square miles, which is broken down to approximately 150 square miles of land and 354 square miles of water. While the area covered by water contains no population and does not require normal city services, it does produce considerable revenues from oil and gas properties located therein. Form of Government and Administration The City was incorporated in 1852. In 1909, the City was organized under a City Charter and operated as a general law city until 1926 when a Home Rule Charter with a commission form of government was adopted. The Charter was amended in 1945 and the present Council- Manager form of government was adopted. The City Council consists of the Mayor and eight Council Members elected for two year terms. The Mayor and three Council Members are elected at large and five Council Members from single member districts. These nine officials are listed elsewhere in this document. The City Manager is appointed by the City Council and is the Chief Administrative and Executive Officer of the City. The Director of Financial Services is appointed by the City Manager and is charged with the administration of fiscal affairs of the City. By an initiative submitted in accordance with provisions of the City Charter, on November 5, 2002, the voters in the City considered a proposition that would have amended the City Charter to make the Mayor of the City the chief administrative and executive officer of the City. The citizens of the City voted to reject this proposed amendment to the City Charter. The City Council fixes the annual tax rate based on a budget prepared under the direction of the City Manager. The names, years of services, experience, and background of certain appointed officials are as follows: 80250741.5 B -3 -365- Management George K. Noe, City Manager George K. Noe was appointed City Manager in April 2003 and previously served as the Deputy City Manager since October 1999. In that role, he was responsible for day -to -day operations of the City including the direct supervision of the Human Resources Department, E Govemment Services Department, Municipal Information Systems Department, Office of Management and Budget, and Convention Facilities Department as well as the supervision of the three Assistant City Managers. He was also responsible for management of major projects and oversees the City's team in collective bargaining with the police and fire employee groups. Prior to his appointment, Mr. Noe served as the City Manager of College Station, Texas for over four years. Mr. Noe's 24 year city management career also includes fourteen years service with the City of San Antonio, Texas, three years as City Manager in Kingsville, Texas, and three years as Deputy City Manager in Fort Collins, Colorado. Mr. Noe has a Bachelor of Arts degree from St. Mary's University in San Antonio, Texas. He also participated in the public sector labor relations training program sponsored by the U.S. Conference of Mayor's Labor Management Relations Service. Mr. Noe will step down on September 1, 2008. Angel Escobar will serve as Interim City Manager until a replacement is hired. The City Council is working a consultant on a nationwide search for its next city manager and expects to hire a new city manager within the next 90 days. Oscar Martinez, Assistant City Manager Oscar Martinez was appointed Assistant City Manager for Administrative Services in October 2004. As Assistant City Manager he is responsible for overseeing the Finance, Budget, Information Systems, Human Resources General Services, E- Government and Economic Development Departments. Mr. Martinez previously served as Assistant Budget Director for the City in the mid 1980's. Prior to his recent employment with the City, he served over 14 years in workforce development as President/CEO of Work -Force 1, President/CEO of Workforce Network, Inc., Director at the Greater Corpus Christi Business Alliance, and Vice President of Workforce Development Corporation. Mr. Martinez has also been a teacher for the Corpus Christi ISD as well as the Dallas ISD. Mr. Martinez has a Master of Arts in Public Administration from St. Mary's University in San Antonio, Texas and a Bachelor of Arts in Political Science /Business Administration from Texas A &1 University in Kingsville, Texas. He has served on several Boards including the United Way, Committee on Educational Excellence, Corpus Christi Chamber of Commerce Education and Workforce Committee, Coastal Bend American Red Cross, Equality in Education Council, Corpus Christi, Technical Education Advisory Council, and the Human Investment System Council. Margie C. Rose, Assistant City Manager Margie C. Rose was appointed Assistant City Manager for Development Services in April 2002, having previously worked in local government for more than 20 years. Ms. Rose is responsible for the departments of Development Services, Convention Facilities, Health, Human Relations, Neighborhood Services and Park and Recreation, Libraries and Museum. In her prior positions, Ms. Rose served as Purchasing Director, Director of Administrative Services, Director of Department of Public Services, Assistant City Manager and City Manager for the City of Inkster, Michigan. She also served as Deputy Director of Parks for the County of Wayne, Michigan. Ms. Rose served on various professional committees including the Michigan Municipal League Finance and Taxation Committee, International City /County Management Planning Committee and the Michigan City 80250741.5 B -4 -366- Management Workplace Diversity Committee. Ms. Rose received her BBA (Accounting) degree in 1984 and her MPA in 1991, both from Eastern Michigan University. Robert J. Nix, Jr., Assistant City Manager Robert J. Nix, Jr., was appointed Assistant City Manager for Development Services on September 6, 2007, having previously worked in local government for more than 30 years. Mr. Nix is responsible for the department of Development Services. In this position, he oversees all planning, development, and permitting activities for the City of Corpus Christi. In his previous positions, Mr. Nix served in a variety of governmental organizations including St. Lucie County, Florida, City of Deltona, Florida, and Jackson County, Florida. Mr. Nix received his Master of Science degree from Florida State University. Cindy O'Brien, Director of Financial Services Cindy O'Brien was appointed as Director of Financial Services in December 2003, after serving in the Office of Management and Budget for two years. There, she served, first as Assistant Director, then Acting Director before her current appointment. As Director of Financial Services, she is responsible for all areas of financial management, including financial reporting, accounting, treasury, revenue and collections, purchasing, and the utility business office which includes billing, field services, and customer services. Prior to her position in Management and Budget, Ms. O'Brien served for over seventeen years in the Finance Department, holding various positions, including Chief Accountant. Ms. O'Brien is a Certified Public Accountant and holds a B.B.A. degree from Sam Houston State University, where she majored in Accounting. She is a member of the Government Finance Officers Association, national and state organizations, as well as the Government Treasurers Organization of Texas. Certain Governmental Services Provided by the City Public Safety ... The City provides police protection, fire protection, building inspection, street lighting and traffic signals, and civil defense. Law enforcement and civil defense is provided through the Police Department. The City's Fire Department operates 16 fire stations throughout the City and the Emergency Medical Service. Public Services .. In addition to operating its water, wastewater disposal, and gas systems, the City also provides garbage collection and disposal and maintenance of streets and storm drainage areas. Community Enrichment ... The City has a main library and four branches which are equipped with over 413,308 volumes. The City owns and maintains approximately 190 parks containing over 1,581 acres. The City also owns extensive recreational facilities including 139 playgrounds, a marina with 580 yacht basin slips, 4 municipal beaches, 2 public golf courses, 10 swimming pools, 49 tennis courts, a number of baseball and softball diamonds, 5 recreational centers, and 8 senior citizen centers. In addition, the City owns an auditorium, a coliseum, Harbor Playhouse, the Corpus Christi Museum, the Multicultural Center, the Water Garden, and a Community Convention facility. Airport and Transit System ... The City owns the Corpus Christi International Airport situated on 2,428 acres. The Regional Transportation Authority operates the regional transportation system which provides passenger bus and paratransit service within the area and seasonal services including a passenger ferry connecting several tourist attractions. Health ... The City maintains preventive health services through health facilities within the community. 80250741.5 B -5 -367- The City does not have the responsibility of maintaining hospitals, a school system, or a higher education system, and does not expend any funds in providing welfare. THE CITY'S FINANCIAL PROCEDURES Audit and Financial Reporting The City Charter requires an annual audit to be made of the books of accounts, records, and transactions of the City by a Certified Public Accountant. The fiscal year of the City begins the first day of August of each year and ends with the thirty -first day of July of the following year. The Government Finance Officers Association of the United States (the "GFOA ") first awarded the City its Certificate of Conformance, later termed the Certificate of Achievement for Excellence in Financial Reporting, for its annual financial report for 1957. The City was awarded the same recognition for its 1970, 1975, 1978, 1979, 1983, and 1984 through 2007 financial reports. Budget Procedures State laws and the City Charter require the preparation and filing of an annual budget. The City Manager submits a proposed budget to the City Council at least sixty days prior to the beginning of the fiscal year which estimates revenues and expenses for the next year. The proposed expenditures will not exceed estimated revenues. The City Council shall adopt a balanced budget prior to the beginning of the fiscal year. If the City Council fails to adopt a budget by the beginning of the fiscal year, the amounts appropriated for current operations for the current fiscal year are deemed the adopted budget for the ensuing fiscal year on a month-to -month basis until such time as the City Council adopts a budget for the ensuing year. Significant Accounting Policies The City prepares its financial statements in accordance with the generally accepted accounting principles for local governmental units as prescribed by the Governmental Accounting Standards Board and the American Institute of Certified Public Accountants. A summary of significant accounting policies of the City are set out in the Notes to Financial Statements for the fiscal year ended July 31, 2007 located referenced elsewhere in the financial section of the Official Statement. Population The revised 2000 United States Census population for Corpus Christi is 277,454, which is approximately eight percent greater than the population reported in 1990. The table shows the history of population from 1920 to 2000: 80250741.5 B -6 -368- Population Percent of Increase Over United States Census Figures for 1920 - 1990 Preceding Census 1920 10,522 27% 1930 27,541 162% 1940 57,301 108% 1950 108,053 89% 1960 167,690 55% 1970 204,525 22% 1980 232,134 13% 1990 257,543 11% 2000 277,454 8% Corpus Christi Standard Metropolitan Statistical Area (SMSA) consists of Nueces and San Patricio Counties, and, according to the 2000 United States Census, had a population of 380,783. It is estimated that the population in the SMSA will exceed 403,000 in the next ten years. Trade Area and Location Corpus Christi's trade area consists of five counties, Nueces, San Patricio, Aransas, Jim Wells, and Kteberg. Each of the counties maintains a solid and diversified economic base which contributes material support to Corpus Christi due to its location as a trade center and shipping point. The land is generally flat with strong mineral deposits, rich soil, excellent climate, and a growing season of approximately 300 days. Grain sorghum and cotton are the principal agricultural crops. The region also has a strong supply of livestock including beef, dairy cattle, hogs, and poultry. The oil and gas industry is a major factor in the growth and economic stability within the trade area. Mineral values vary depending on world market and demand. This industry also provides a secondary market for petro by- products and chemicals. The trade area's principal outlet for agricultural and petroleum products is the Port of Corpus Christi, which has served the area for over seventy years. The rebuilt grain elevator, completed in 1983, has added to the Port's capacity to handle various agricultural products. In 2004, the Port handled a volume of 86.4 million tons of cargo, including 74.2 million tons of petroleum products. Corpus Christi has one of the most strategically located waterways in the Southwest, with deep water transportation to the Gulf of Mexico and barge traffic all along the Texas Coast via the Intracoastal waterway. The nearest other port is in Brownsville, 160 miles to the south; nearest retail and wholesale outlet is San Antonio, 145 miles to the northwest; and the nearest heavy industry competition is Houston, 210 miles to the northeast. Business Corpus Christi continues to grow as a regional center for a 12- county area. Several new businesses were attracted to the City in the past year, including Graduate Loan Services, a financial call center, Gateway Shipping, a stevedore company, and Combex Westhem LLC, a modular home manufacturer. The Padre Island Drive shopping corridor also added a number of new restaurants and other retail businesses. Retail sales grew by 9.8% as measured by sales subject to sales tax. 80250741.5 B -7 -369- Recent capital investments underway by the public and not - for -profit sectors is estimated at $488 million, while private investments topped $1 billion. Most recently, Toyota has announced its intention to construct a major international auto manufacturing center in south San Antonio, Texas, a short distance away from Corpus Christi. This facility may have use for the Port of Corpus Christi facilities, thus having the effect, if so used, of contributing to the local economy. Several major construction and transportation projects are in various stages of planning or construction. A $46 million airport renovation project has been completed. The Texas Department of Transportation has two projects under construction. The $45 million elevation of the JFK Causeway, of which the City is funding $4 million, will provide a safe evacuation route from Padre and Mustang Islands and provide environmental benefits. The $36 million current phase of the extension of the Crosstown Expressway will connect Downtown and the Southside of town with a continuous freeway. A $30 million project on Padre Island will re -open Packery Channel, creating a route for pleasure and fishing boats between the Laguna Madre and the Gulf of Mexico. A large tourist development of condos, restaurants, and retail establishments is in the planning phase. The City's portion of the cost of dredging Packery Channel is funded through Tax Increment Financing. The Texas State Aquarium has recently concluded a $14 million expansion which allows exhibition of dolphins that cannot be retumed to their natural habitat. A $30 million multipurpose arena to be constructed by the City in the downtown area opened in November 2004. Whataburger Field, a newly opened baseball stadium, that houses a AA major league affiliate baseball team was opened on April 17, 2005. Industry Corpus Christi industry provides a diversified product market including metal fabrication, chemical processing, farm and ranch equipment, oil field equipment, cement, food processing, electronic, petrochemical products, fishing and seafood products and more. The diversification is primarily due to the commitment of City leadership. The Port of Corpus Christi Authority opened the area to world markets in 1926. Today, it is the seventh largest port in the United States. The Port's channel stretches over 30 miles and links the City of Corpus Christi with the Gulf of Mexico. Deeper channels have for decades allowed Corpus Christi to be a competitive port for bulk commodities requiring large, deep draft vessels. It is the terminus of network of oil and gas pipelines throughout Southwest Texas and extending into West Texas. The Authority has two major projects, the Joe Fulton International Trade Corridor and the Channel Improvement Project, that will require significant funding in the future. These projects will be funded from federal and state assistance, revenue bonds and the Authority's unrestricted net assets. Joe Fulton International Trade Corridor This corridor encompasses an 11.5 -mile road and rail project that will significantly improve access to more than 2,000 acres of land along the North side of the channel for existing and future development. The corridor will connect two major highway components- US Highway 181 and Interstate Highway 37 - thus, establishing efficient intermodal links between highway, marine, and rail transportation systems. Most important, it is anticipated that the corridor will generate future economic development opportunities for South Texas. Construction began in 2004 and is scheduled for completion in 2008. At the end of 2005 this project was over 50% complete. Total project costs are estimated at $55.8 million. 80250741.5 B -8 -370- Channel Improvement Project In 2003, the Authority completed the feasibility phase of the Channel Improvement Project and is currently awaiting authorization through the Water Resources Development Act (WRDA) to begin the project. The project will include deepening the Corpus Christi Ship Channel from 45 to 52 foot, adding barge shelves on both sides of the ship channel and extending the La Quinta Channel to serve the proposed La Quinta Trade Gateway project. Although the project is still pending WRDA authorization, the engineering and design phase is underway and costs are shared 25% from the Authority and 75% from federal funds. Upon authorization of the project, the improvements will be constructed in seven contracts beginning in 2007 and ending in 2013. Total improvements will cost approximately $150 million. The Port is constantly upgrading and expanding facilities to better serve south Texas industry and shippers. In 2005, major capital expenditures include Gulf Compress Cotton Warehouses, Joe Fulton International Trade Corridor, security enhancements, vessel traffic information system, waterfront site development, water taxi and southside military Rail Yard for a total of $37,898,615. Tourism and Convention Business Corpus Christi continues to be a favorite vacation spot for visitors, as reflected by the ranking of the sixth most popular tourist destination in Texas. Nearly seven million visitors visited Corpus Christi during the two year period 2003 -2004 spending on the average, approximately $97 per person per day. Visitors stayed longer in Corpus Christi than in other areas of the State - an average of 2.3 days in Corpus Christi compared to 2.1 days in all of Texas. The number one reason visitors flock to the area has always been to enjoy miles of blazing white beaches along Mustang and Padre Islands, the longest barrier island in nature fronting on the Gulf of Mexico. The opposite side of the barrier provides a shoreline for Corpus Christi Bay, Laguna Madre, and the various bays and bayous north of the Coastal Bend which is ideal for outdoor recreation. Tourist facilities located within the City include: a multi - purpose arena at the American Bank Center, Whataburger Field which houses a AA major league affiliate baseball team, the Texas State Aquarium, the USS Lexington Museum, the Museum of Science and History, the South Texas Art Museum, the Asian Cultures Museum, the Multicultural Center/Heritage Park complex, and the Concrete Street Amphitheater. The Corpus Christi area is also a renowned location for water sports, including windsurfing and kiteboarding, and serves as a host to the annual U.S. Open Windsurfing Regatta and international power and sail boat races. International Flavor The City of Corpus Christi is a member of Sister Cities International. Through Sister Cities International, Corpus Christi has established affiliations with Keelung, Taiwan; Veracruz, Mexico; Yokosuka, Japan; Agen, France; and Toledo, Spain. The City and nearby neighbor, Monterrey, Mexico, have established a Partner in Trade affiliation that emphasizes business and cultural opportunities for cooperative ventures. Yokosuka, Japan sends up and coming city employees to Corpus Christi for overseas' training in public service and an exchange that teaches the different facets of volunteerism in Japan. In addition to establishing a "Partner in Trade" with Monterrey, the City has established closer ties with cousins in 23 countries including Austria, Belgium France, Spain, Italy, and others. 80250741.5 B -9 —371— Proximity to San Antonio Corpus Christi continues to benefit from tourist attractions in San Antonio. San Antonio is located 2.5 hours by automobile north of Corpus Christi with easy access by Interstate 37, and Corpus Christi is favorably viewed as an attractive one -day trip by San Antonio visitors. With Corpus Christi's growing list of attractions, which include the Texas State Aquarium, the U.S.S. Lexington Museum on the Bay, and the Las Carabelas Columbus ship exhibit, visitors may be tempted to stay a little longer. Foreign Trade Zone The Port of Corpus Christi Authority operates one of the largest Foreign -Trade Zones (FTZ) in the United States. The Zone includes an Industrial Park near the Airport, two full service public warehouses near the Airport, all Port properties (7,000) acres that are available for storage and /or industrial activity, three bulk fuel terminals, six refinery subzones, two metal fabrication (offshore oil platforms and towers) subzones, and two minerals processing subzones. The Port's FTZ department is a full service Grantee assisting clients with applications, FTZ training, interpretation of Customs regulations, and interface with Customs officials. Corpus Christi Enterprise Zone The City of Corpus Christi has a State of Texas approved Enterprise Zone to assist in economic development activities. The Enterprise Zone contains approximately 14 square miles. In the 8 -year existence of the Enterprise Zone, over $2.5 billion of State of Texas approved Enterprise Zones projects have begun within the Enterprise Zone. While numerous State benefits for companies locating in the Enterprise Zone are available, the City also provides incentives for companies locating within the Enterprise Zone. Private Utilities Telecommunications and electrical service are available from several providers. 80250741.5 [The remainder of this page intentionally left blank.] B -10 -372- Construction The Table below indicates the amount of new construction activity in Corpus Christi and the number of permits issued for all purposes. Year 1998 -1999 1999 -2000 2000 -2001 2001 -2002 2002 -2003 2003 -2004 2004 -2005 2005 -2006 2006 -2007 2007 -2008 Building Permits Number of Permits 5,984 5,845 4,761 5,207 4,565 4,012 5,781 5,989 5,693 5,118 °1 Based upon the construction of several large commercial projects, including shopping malls. Value 142,154,244 152,987,779 149,264,763 154,763,863 333,016,517° 295,084,882 387,122,147 450,750,242 503,027,247 343,865,608 Employment The following table indicates the total civilian employment in the Corpus Christi MSA for the period January 2006 as compared to the prior periods of December 2005 and January 2005: Civilian Labor Force Unemployment Percent Unemployment Total Employment January 2008* December 2007 January 2007 197,303 9,374 4.8% 187,929 197,300 8,667 4.4% 186,633 197,499 9,698 4.9% 187,801 The following table shows certain nonagricultural wage and salary employment in the Corpus Christi MSA for the period January 2006 as compared to the prior periods of December 2005 and January 2005: Natural Resource & Mining Manufacturing Wholesale Trade Retail Trade Transportation, Warehouse & Public Utilities Information Financial Activities Professional & Business Services Education & Health Services Leisure & Hospitality Other Services Govemment Total *Estimates for the current month are preliminary January 2008* 20,700 10,900 5.700 20,700 5,300 2,500 8,100 15,800 26,700 20,400 6,200 32,100 175,100 December 2007 20,900 11,000 5,700 21,600 5,300 2,400 8,300 16,000 26,900 20,600 6,300 32,500 177,500 Source: Texas Workforce Commission, Labor Market Review, February 2006. 80250741.5 B -1 1 -373- January 2007 19,000 10,900 5.400 20,100 5,500 2,500 8,000 16,300 26,100 19,400 6,200 32,900 172,300 80250741.5 APPENDIX C The information contained in this appendix consists of certain audited FINANCIAL STATEMENTS OF THE CITY OF CORPUS CHRISTI, TEXAS FOR THE FISCAL YEAR ENDED JULY 31, 2007. C -1 -374- 80250741.5 [This page intentionally left blank.) C -2 -375- APPENDIX D OPINION OF BOND COUNSEL Proposed Form of Opinion of Bond Counsel An opinion in substantially the following form will be delivered by McCall, Parkhurst & Horton L.L.P., Bond Counsel, upon the delivery of the Certificates of Obligation, assuming no material changes in facts or law. CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND SOLID WASTE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2008, IN THE PRINCIPAL AMOUNT OF $12,000,000 AS BOND COUNSEL for the City of Corpus Christi, Texas (the "City "), the issuer of the certificates of obligation described above (the "Certificates "), we have examined into the legality and validity of the Certificates, which Certificates are issued in the aggregate principal amount of $12,000,000. The Certificates bear interest from the date and mature on the dates specified on the face of the Certificates, and are subject to redemption prior to maturity on the dates and in the manner specified on the face of the Certificates, all in accordance with the ordinance of the City authorizing the issuance of the Certificates (the "Ordinance "). Terms used herein and not otherwise defined shall have the meaning given in the Ordinance. WE HAVE EXAMINED the applicable and pertinent provisions of the Constitution and laws of the State of Texas, and a transcript of certified proceedings of the City, and other pertinent instruments authorizing and relating to the issuance of the Certificates of Obligation, including one of the executed Certificates of Obligation (Certificate of Obligation No. R -1); however, we express no opinion with respect to any statement of insurance printed on the Certificates of Obligation. BASED ON SAID EXAMINATION, IT IS OUR OPINION that the Certificates of Obligation have been authorized, issued and delivered in accordance with law, and constitute valid and legally binding obligations of the City; that the interest on and principal of the Certificates of Obligation shall be payable from the proceeds of an ad valorem tax levied and pledged for such purpose, within the limit prescribed by law; and that the principal of and interest on the Certificates of Obligation are additionally secured by and payable from a pledge of the surplus revenues from the operation of the City's solid waste system remaining after payment of all operation and maintenance expenses thereof and any other obligations heretofore or hereafter incurred to which such revenues have been or shall be encumbered by a lien on and pledge of such revenues superior to the lien on and pledge of such revenues to the Certificates of Obligation. The opinion hereinbefore expressed is qualified to the extent that the obligations of the City, and the enforceability thereof, are subject to applicable bankruptcy, reorganization or similar laws relating to or affecting creditors' rights generally, and the exercise of judicial discretion in accordance with general principles of equity. IT IS FURTHER OUR OPINION, except as discussed below, that the interest on the Certificates is excludable from the gross income of the owners for federal income tax purposes under the statutes, regulations, published rulings, and court decisions existing on the date of this opinion. We are further of the opinion that the Certificates are not "specified private activity bonds" and that, accordingly, interest on the Certificates will not be included as an individual or corporate alternative minimum tax preference 80250741.5 E -3 -376- item under section 57(a)(5) of the Internal Revenue Code of 1986 (the "Code "). In expressing the aforementioned opinions, we have relied on, certain representations, the accuracy of which we have not independently verified, and assume compliance with certain covenants, regarding the use and investment of the proceeds of the Certificates and the use of the property financed therewith. We call your attention to the fact that if such representations are determined to be inaccurate or upon a failure by the City to comply with such covenants, interest on the Certificates may become includable in gross income retroactively to the date of issuance of the Certificates. EXCEPT AS STATED ABOVE, we express no opinion as to any other federal, state, or local tax consequences of acquiring, carrying, owning, or disposing of the Certificates. WE CALL YOUR ATTENTION TO THE FACT that the interest on tax- exempt obligations, such as the Certificates, is included in a corporation's alternative minimum taxable income for purposes of determining the alternative minimum tax imposed on corporations by section 55 of the Code. WE EXPRESS NO OPINION as to any insurance policies issued with respect to the payments due for the principal of and interest on the Certificates, nor as to any such insurance policies issued in the future. OUR SOLE ENGAGEMENT in connection with the issuance of the Certificates is as Bond Counsel for the City, and, in that capacity, we have been engaged by the City for the sole purpose of rendering an opinion with respect to the legality and validity of the Certificates under the Constitution and laws of the State of Texas, and with respect to the exclusion from gross income of the interest on the Certificates for federal income tax purposes, and for no other reason or purpose. The foregoing opinions represent our legal judgment based upon a review of existing legal authorities that we deem relevant to render such opinions and are not a guarantee of a result. We have not been requested to investigate or verify, and have not independently investigated or verified any records, data, or other material relating to the financial condition or capabilities of the City, or the disclosure thereof in connection with the sale of the Certificates, and have not assumed any responsibility with respect thereto. We express no opinion and make no comment with respect to the marketability of the Certificates and have relied solely on certificates executed by officials of the City as to the current outstanding indebtedness of the City, the assessed valuation of taxable property within the City, and the revenues of the City additionally pledged to the payment of the Certificates. Our role in connection with the City's Official Statement prepared for use in connection with the sale of the Certificates has been limited as described therein. OUR OPINIONS ARE BASED ON EXISTING LAW. which is subject to change. Such opinions are further based on our knowledge of facts as of the date hereof. We assume no duty to update or supplement our opinions to reflect any facts or circumstances that may thereafter come to our attention or to reflect any changes in any law that may thereafter occur or become effective. Moreover, our opinions are not a guarantee of result and are not binding on the Internal Revenue Service (the "Service "); rather, such opinions represent our legal judgment based upon our review of existing law and in reliance upon the representations and covenants referenced above that we deem relevant to such opinions. The Service has an ongoing audit program to determine compliance with rules that relate to whether interest on state or local obligations is includable in gross income for federal income tax purposes. No assurance can be given whether the Service will commence an audit of the Certificates. If an audit is commenced, in accordance with its current published procedures the Service is likely to treat the City as the taxpayer. We observe that the City has covenanted not to take any action, or omit to take any action within its control, that if taken or omitted, respectively, may result in the treatment of interest on the Certificates as includable in gross income for federal income tax purposes. 80250741.5 Respectfully, E -4 -377- 80250741.5 M. E. ALLISON & CO., INC. 950 East Basse Road, Second Floor San Antonio, Texas 78209 Financial Advisor -378- 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 9, 2008 AGENDA ITEM: Motion authorizing the City Manager to execute a Memorandum of Agreement between the Veterans' Land Board of the State of Texas and Nueces County and the City of Corpus Christi for the establishment of a State Veterans' Cemetery. ISSUE: The 77th Texas State Legislature (the "77th Legislature ") enacted legislation to authorize the Veterans' Land Board of the State of Texas (the "VLB ") to operate and maintain up to seven (7) veterans' cemeteries ( "State Veterans' Cemeteries ") throughout the State of Texas. The citizens of the State of Texas passed a constitutional amendment on November 6, 2001, to authorize the funding for the planning, design, operation, maintenance, enlargement, or improvement of State Veterans' Cemeteries. The 77th Legislature established a Texas State Veterans' Cemeteries Committee (the "Committee ") that is required to establish the guidelines for the location and size of the State Veterans' Cemeteries, including the site selection and eligibility requirements for burial in such cemeteries. The Committee though a request for proposal (RFP) for donation of suitable land for one or more Texas State Veterans' Cemeteries issued March 10, 2004, sought proposals from interested communities and entities throughout the State for the location and establishment of one or more State Veterans' Cemeteries. On October 27, 2005, the Committee met and conditionally approved the site submitted by Nueces County in its response to the request for proposal for potential submission for the United States Department of Veterans Affairs' (USDVA) consideration for the location and establishment of a State Veterans' Cemetery during the State's 2009 Fiscal Year. Nueces County has entered into a Purchase (Donation) Agreement with Flint Hills Resources, L.P. to acquire the site submitted by Nueces County in its response to the RFP for purposes of transferring it to the State of Texas for construction and maintenance of a State Veterans' Cemetery. REQUIRED COUNCIL ACTION: The City Council's adoption of this motion authorizing the execution of the Memorandum of Agreement is necessary for the VLB to make application to the USDVA for grants under the State Cemetery Program to provide federal funds for the costs of building the infrastructure associated with the State Veterans' Cemeteries. CONCLUSION AND RECOMMENDATION: Adoption of the proposed motion is recommended. gasendst Interim City Manager -381- MEMORANDUM OF AGREEMENT BETWEEN THE VETERANS' LAND BOARD OF THE STATE OF TEXAS AND NUECES COUNTY AND THE CITY OF CORPUS CHRISTI THIS MEMORANDUM OF AGREEMENT (the "Memorandum ") is made and entered into by and between the Veteran's Land Board of the State of Texas (the "VLB "), Nueces County, Texas (the "County "), and the City of Corpus Christi (the "City"), Nueces County, Texas. WHEREAS, the 77th Texas State Legislature (the "77th Legislature") enacted legislation to authorize the VLB to operate and maintain up to seven (7) veterans' cemeteries ( "State Veterans' Cemeteries ") throughout the State of Texas; WHEREAS, the citizens of the State of Texas passed a constitutional amendment on November 6, 2001, to authorize the funding for the planning, design, operation, maintenance, enlargement, or improvement of State Veterans' Cemeteries; WHEREAS, the 77th Legislature established the Texas State Veterans' Cemeteries Committee ( the " Committee ") that is required to establish the guidelines for the location and size of the State Veterans' Cemeteries, including site selection and eligibility requirements for burial in such cemeteries; WHEREAS, the VLB will apply to the United States Department of Veterans Affairs (the "USDVA ") for grants under the State Cemetery grants program to provide federal funds for the cost of building the infrastructure of State Veterans' Cemeteries at locations selected by the Committee; WHEREAS, state law prohibits expenditure of public fiords for site acquisition for a State Veterans' Cemetery; WHEREAS, the Committee, through a request for proposal for donation of suitable land for one or more Texas State Veterans' Cemeteries issued March 10, 2004 (the "UP "), which is incorporated herein by reference, sought proposals from interested communities and entities throughout the State for the location and establishment of one or more State Veterans' Cemeteries; WHEREAS, on October 27, 2005, the committee met and conditionally approved the site submitted by the County in its response to the RFP for potential submission for the USDVA's consideration for the location and establishment of a State Veterans' Cemetery during the State's 2009 Fiscal Year; and WHEREAS, the County will enter into a Purchase ( Donation) Agreement with Flint Hills Resources, L.P. to acquire the site submitted by the County in its response to the RFP for purposes of transferring it to the State for construction and maintenance of a veterans' cemetery; Page 1 of 6 —382— NOW THEREFORE, in consideration of the benefits to the State of Texas and to the veterans therein, the VLB, the County, and the City enter into this Memorandum and agree to the following tens and conditions for the conveyance of the site submitted by the County in its response to the RFP for a State Veterans' Cemetery, and the acceptance of said donation by the VLB: 1. Upon its acquisition by the County, the County agrees to convey to the State of Texas, by and through the VLB, all right, title, and interest in and to the Surface Estate of a tract of land containing approximately 54.837 acres of land situated in the County of Nueces, Texas (the "Proposed Cemetery Site "), being a plat showing the survey of 54.837 acre tract comprised of the following tracts of land being more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and out of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded in Volume 1810, page 224, Deed Records of Nueces County, Texas, and this tract being out of Desiderio Martinez Survey 420, A -857, and Pedro Hinojosa Survey, A -850, Nueces County, Texas, and better depicted on Exhibit A, the metes and bounds description and survey. Full legal title described above to the Proposed Cemetery Site shall be conveyed from the County upon acquisition from Flint Hills to the State of Texas, by and through the VLB, through a special warranty deed in a for agreed to by the parties to this Memorandum herein attached as Exhibit B, within 30 days of receipt of a written request for such conveyance from the VLB. Parties acknowledge that approximately 4.289 acres of the property to be conveyed will be designated in the proposed special warranty deed as a "no gravesite 2. The County shall provide, through San Jacinto Title Services of Corpus Christi, L.L.C. (the "Title Company"), an owner's policy of title insurance covering the Proposed Cemetery site, in the amount equal to the value of the Cemetery Site, detemrined by an appraisal of the Proposed Cemetery site for use as a cemetery. The County shall pay the cost of the title policy and deliver the policy to the VLB on the date of conveyance of the Proposed Cemetery Site. In addition, the County has provided to the VLB a title commitment for the Proposed Cemetery Site, together with copies of any and all instruments referred to in Schedules B and C of the Title Commitment That Commitment excludes from coverage several items shown in Schedule B, consisting primarily of mineral leases and easements (mostly pipeline). 3. The County represents and warrants that the Proposed Cemetery Site is within the extra territorial jurisdiction of the City and shall provide to the VLB, within 30 days of the effective date of this memorandum, the GPS derived coordinates in state plane for the northwesterly surveyed property comer of the Proposed Cemetery Site. 4. VLB acknowledges that County will acquire and transfer the Surface Estate only to the Proposed Cemetery Site. 5. The City will provide a pumping system and pipeline to the Proposed Cemetery Site to provide Type II reclaimed water for irrigation purposes, at no cost to the VLB. City will not charge for the reclaimed water, but the quantity will be limited to an average of 50,000 gallons per day and a minimum of 70 gallons per minute and Page 2 of 6 -383- delivered to the boundary of the Proposed Cemetery Site. The Parties acknowledge that this volume of water is subject to seasonal use fluctuations. For example, during winter (usually a time of low demand) the volume of use will usually be reduced to substantially less than 50,000 gallons/day. In Summer (usually a time of peak demand) however, the volume will increase to around 100,000 gallons/day. VLB shall notify the City when VLB is starting construction of the proposed cemetery and the City will deliver the pipeline to the boundary of the Proposed Cemetery Site within 12 months of said notice. 6. The City will allow connection to an existing 16 inch water line adjacent to the Proposed Cemetery Site in Carbon Plant Road for domestic and fire water purposes. The City hereby confirms that there is adequate fire flow at the water line. The City agrees to install fire hydrants in the right -of -way areas adjacent to the property, if such hydrants are required by the City's Fire marshal. Fees for setting a meter and for water consumption will be standard City rates. If a fire line is required on -site, the line will be built by the VLB. 7. The County will allow an on -site treatment system built by the VLB, provided the system meets all provisions of Texas Health and Safety Code, Chapter 366, On- Site Sewage Disposal Systems. 8. The County provided to the State letters from American Electric Power (AEP) and AT &T regarding availability of electrical and communication services. 9. City represents that non -public infrastructure (e.g. VLB owned buildings, streets, drainage, and utilities that are built on -site) plan reviews and building permits will not be required. The City will not conduct any inspections of the non -public infrastructure improvements. 10. The Proposed Cemetery Site is within the extra territorial limits of the City. The City will use its best efforts to annex the Proposed Cemetery Site into the City of Corpus Christi pursuant to section 43.028 of the Texas Local Government Code. Such annexation procedure will be commenced upon transfer of Proposed Cemetery Site to the State. Neither platting nor zoning will be required. 11. The City agrees to provide VLB notice and an opportunity to provide written comments regarding any proposed development, zoning, and/or platting for the adjacent City tract. 12. The County agrees to provide and install 6' high chain link fences on the north, north -east side of the Proposed Cemetery Site at no cost to the VLB. Fence will be installed prior to commencement of construction. VLB shall notify the County when VLB is starting construction of the proposed cemetery and County will provide the fence within five (5) months of receiving said notice. 13. The County agrees to fulfill and/or abide by all other representation, commitments and offers set forth in the County's Response to the RFP, which are incorporated herein by reference for all purposes. In addition, all exhibits to this Memorandum Page 3 of 6 -384- are incorporated herein for all purposes. 14. VLB will use its best efforts to begin construction of proposed veteran's cemetery within five (5) years from the date of conveyance and continue after such commencement with due diligence, until the completion of such facilities and improvements on or before two years after date of such conunencement. Failure to commence and continue bona fide construction activities as described above on the Proposed Cemetery Site will subject property to automatically revert back to County without necessity of re -entry and the conveyance will be of no further force and effect. 15. The County agrees to pay all Closing costs and expenses. 16. The Parties acknowledge that if the property conveyed herein or any part thereof is not acceptable by or ceases in any particular or reason whatsoever to be acceptable to the Veterans' Land Board of the State of Texas in its sole discretion for the purposes indicated herein, the title to the property conveyed hereby shall upon notice of such unacceptable condition in duly recordable form to Grantor, automatically revert to its Grantor, the County. 17.ACKNOWLEDGE FURTHER, that the Grantor, the County hereby agrees to assign and transfer to the Veterans Land Board any covenant of Flint Hills Resources LP, a Delaware Limited Partnership to indemnify and hold harmless the County of Nueces, its successors or assigns, from any and all liabilities, claims, demands and expenses of any kind or nature not the obligation of the County arising or accruing prior to the date of closing and which are in any way related to the ownership, maintenance or operation of the subject property by Flint Hills or its affiliates, and all reasonable expenses related thereto; including, without limitation, litigation costs and attorney's fees, but not including any matter to the extent caused by the negligence or legal fault of the County or its employees or agents, or any matter relating to the pre - closing inspections for the Property by the County or its agents hereunder. County further agrees to assign any /all environmental remediation obligations provided by Flint Hills. The proposed environmental remediation obligations of Flint Hills are as follows: (i.) As used herein, the teen "Pre- Closing Contamination" shall mean soil and/or water environmental contamination (if any) on or about the Property to the extent, and only to the extent, that (i.) such contamination existed as of Closing; (ii.) such contamination requires remediation under applicable law; and (iii.) such contamination was caused by or arose out of the activities of Flint Hills (or Flint Hills' predecessors) on or in the vicinity of the Property and was not caused or materially aggravated by the County or County's successors /assigns. (ii.) From and after Closing, FHR shall retain responsibility (as between Flint Hills and Page 4 of 6 -385- the County) for remediating Pre- Closing Contamination in accordance with applicable law. The State agrees to environmental remediation should the Property be re- conveyed to County as detailed above: (1) As used herein, the term "State's Contamination" shall mean soil and/or water environmental contamination (if any) on or about the Property to the extent, and only to the extent, that (i.) such contamination existed as of the effective date of such re- conveyance of' the Property to County (the "Re- conveyance Closing Date "); (ii.) such contamination requires remediation under applicable law; and (iii.) such contamination was caused by or arose out of the activities of the State on or in the vicinity of the Property and was not caused or materially aggravated by Flint Hills or its predecessors, successors, or assigns. (ii.) From and after the Re- conveyance Closing Date, the State shall retain responsibility (as between the State and County) for remediating State's Contamination in accordance with applicable law. 18. County and State agree to enter into an Indemnification Agreement prior to Closing for purposes of setting out indemnification assignment and environmental remediation obligations of respective parties as described in paragraph 17 above. This Memorandum shall be effective upon the date it is executed by the last party to sign, and shall continue in effect until terminated by either party on 30 days written notice to the other party, with or without cause. In addition, the VLB may terminate this Memorandum immediately upon written notice to the County if: (i) the Proposed Cemetery Site is not approved by the USDVA for the location and establishment of a State Veterans' Cemetery; or (ii) if at any time prior to the commencement of operation of the Proposed Cemetery Site as a Texas State Veteran's Cemetery, it is discovered or determined, in the sole discretion of the VLB, that the site is not suitable for such a purpose. This Memorandum may be amended by written agreement of the parties. Effective the latest date signed by the VLB, the County or the City. {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} Page 5 of 6 -386- VETERANS' LAND BOARD COUNTY OFNUECES By: Jerry E. Patterson By Samuel Loyd Neal, Jr. Commissioner County Judge Texas General Land Office Date: and Chairman, Veterans' Land Board Date APPROVED: APPROVED: By: Diana Barrera Contents Legal Deputy Com Chief Clerk CITY OF CORPUS CHRISTI By George K. Noe City Manager ATTEST OR APPROVED: (If required) By Name: Title: Page 6 of 6 -387- Nueces County Clerk EXEIEIT "A" 45943 METES AND BOUNDS DESCRIPTION OF A 54.837 ACRE TRACT Being 54.837 acres of land, more or less out of a 2.158 acre tract recorded in Document No. 2004035681, Official Public Records of Nueces County, Texas, and out of a 34.19 acre tract recorded in Volume 2130, Page 84, Deed Records of Nueces County, Texas, and our of a 54.91 acre tract recorded in Volume 1713, Page 102, Deed Records of Nueces County, Texas, and also out of a 40 acre tract recorded In Volume 1810, Page 224, Deed Records of Mazes County, Texas, and this tract being our of Desiderio Martinez Survey 420, A-857, and Pedro Hinojosa Survey, 4850, and this 54.837 acre tract being more particularly described by metes and bounds as follows: Beginning at a found 5/8 -inch iron rod for the southeast comer of this tract and said 34.19 acre tract, said comer also being the southwest comer of a 1.17 acre tract recorded in Volume 1810, Page 224, Deed Records of Nueces County, Texas, and said comer being on the north right -of- -way Ilse of Interstate Hlghway 37; Thence N 59 -22 -23 W with the south boundary of this tract and said 34.19 acre tract, the same being the north right-of-way line of I.H. 37, 67.14 feet, to a found broken concrete monument fora comer of this tract Thence N 57-04.52 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right-of -way lice of I.H. 37, 149923 feet, to a found TxDot concrete monument with a brass disk fbr a coma of this tract Thence N 53 -29-10 W and continuing with the south boundary of this tact and said 34.19 acre tree, the same being the north right-of-way line of 1.}1. 37, 400.92 feet, to a found TxDot concrete monument with a brass disk for a coma of this tract Thence N 47 -18 -22 W and continuing with the south boundary of this tract and said 34.19 acre tract, the same being the north right -of-way line of LH. 37, 256.03 feet, to the southwest comer of this tract, the same being the southeast arena of said 2.158 acre tract and said comer being the intersection of the north right -of -way line of LH. 37 with the proposed east right-of-way line of the Joe Fulton Trade Corridor, Thence N 15-54-24 W with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right -of-way line of the Joe Fulton Trade Corridor, at 1.21 feet pass a fotmd TxDot concrete monument with a bass disk, in all 138.00 feet to a found TxDot concrete monument with a braes disk for a comer of this tract Thence N 08.52 -34 E with the west boundary of this tract and said 2.158 acre tract, the same being the proposed east right-of-way line of the Joe Fulton Trade Corridor, 120.00 feet, to a found TxDot concrete monument with a brass disk for a comer of this tract; Thence N 65 -11 -10 E with the west boundary of this tract and the proposed east right-of- way line of the Joe Fulton Trade Corridor and catering said 2.158 acre tract, 72.11 feet, to a found TxDot concrete monument with a boas disk for an inside come of this tact, said coma being on the east boundary of said 2.158 acre tract Thence N 05 -25 -57 E with the west boundary of this tract and the proposed east right-of- way line of the Joe Fulton Trade Corridor, at 151.33 feet leave said 34.19 acre tact and enter said 40 acre tract, at 293.33 feet leave said 40 acre tram and cuter said 54.91 acre tact, in all 317.17 feet, to a set 5/8 -inch iron rod with cap for the northwest comer of this tract; Thence S 88.44 -26 E with the north boundary of this tract, at 820.80 feet leave said 54.91 acre tact and enter said 40 acre tract, in all 1401.63 feet, to a set 5/8 -inch iron rod with cap for the north comer of this tract; Page 1 of 2 -388- EXHIBIT "A" 45943 Thence S 34-47-58 E with the north boundary of this tract, 1186.18 feet, to a set 5/8 -inch iron rod with cap for the northeast comer of this tract; Thence S 20 -59 -39 W with the east boundary of this tract, at 67.63 feet pass a found 5/8- inch iron rod being the northwest corner of said 1.17 acre tract the same being the northeast corner of said 34.19 acre tract, in all 914.43 feet to the paint of beginning and containing 54.837 acres of land, more or less. Note: Bearings are State Plane Grid bearings. Page 2 oft GEORGE. RUBAtCABA -389- avartaysAmswathonViiscsiza. wan= Imm w CDT pp EXHIBIT A r i fR i1 as • q0 jet.r' J 1i• e o 01 . 0 qq e e NYS 51. Ott ACRE AND 811E 'A� �+.� i11� ANDA limas YO.da1 N..a�.MC nom °`"'� ^°' m WPM a �a a 1 a alt MIN KU 8g =W C 411191. -6 wu _ 1 —390— 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: September 16, 2008 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to cooperate with Forestar Real Estate Group, Inc. to make applications for required construction permits to support the proposed Zahn Road Improvement Project under the concept proposed by Forestar Real Estate Group, Inc., and to negotiate an agreement between Forestar Real Estate Group Inc. and the City of Corpus Christi that sets out the mutually agreeable responsibilities and obligations of each party to the agreement. ISSUE: City cooperation will be needed for the various construction related to applications and agreements that will be required for the proposed improvements and realignment of Zahn Road. The final design elements of the project have not been approved and staff will continue to work with the developer as construction plans are developed. CONCLUSION AND RECOMMENDATION: Staff recommends approval of a resolution that will allow staff cooperation with Forestar Real Estate Group, Inc., in their efforts to improve the existing conditions of Zahn Road on Padre Island. Bob Nix, AICP Assistant City Manager of Development Services PIM/Project Manager SrCP /CP —393— Page 1 of 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO COOPERATE WITH FORESTAR REAL ESTATE GROUP INC. TO MAKE APPLICATIONS FOR REQUIRED CONSTRUCTION PERMITS TO SUPPORT THE PROPOSED ZAHN ROAD IMPROVEMENT PROJECT UNDER THE CONCEPT PROPOSED BY FORESTAR REAL ESTATE GROUP INC., AND TO NEGOTIATE AN AGREEMENT BETWEEN FORESTAR REAL ESTATE GROUP INC. AND THE CITY OF CORPUS CHRISTI THAT SETS OUT THE MUTUALLY AGREEABLE RESPONSIBILITIES AND OBLIGATIONS OF EACH PARTY TO THE AGREEMENT WHEREAS, in 2005, the Island Action Group's Capital Improvement Priorities Report identified Packery Channel recreational improvements as the key project for future island development, and found that more than any other project has the potential to "drive" future development of the island; WHEREAS, the Island Action Group identified a number of general and specific improvements necessary to the advancement of the Island Development Plan, including reducing traffic congestion, roads, improved beach access, landscaping, additional infrastructure, and the next phase of capital improvements for Packery Channel; WHEREAS, Forestar Real Estate Group is developing the Tortuga Dunes subdivision adjacent to the property the City has leased from the General Land Office for Packery Channel Development Area; WHEREAS, the City is in the process of adopting a master plan for the Packery Channel Development Area; WHEREAS, the improvement and beautification of Zahn Road would facilitate the ultimate development of the City's Packery Channel project; WHEREAS, Forestar Real Estate Group has proposed a concept for the re- construction, relocation, and widening of Zahn Road, and desires to contribute to the project funding for the construction of these improvements, WHEREAS, the proposed improvements to Zahn Road need to be accomplished on an expedited schedule; and WHEREAS, the City of Corpus Christi desires to assist Forestar Real Estate Group in completing these improvements and expediting the construction schedule; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Zahn Road Resolution 09042008 -394- Page 2 of 3 SECTION 1. The City Manager, or designee, is authorized to make applications for any required permits and leases necessary to improve Zahn Road and related utility infrastructure and landscaping, from SH361 to the Gulf Beach. SECTION 2. The City Manager, or designee, is authorized to negotiate an Agreement between Forestar Real Estate Group and the City of Corpus Christi that sets out the mutually agreeable responsibilities and obligations (including financial contributions) of each party to the Agreement, subject to the Council's review and action. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary iA APPROVED as to form: September �? , 2008 R. 4 y R6ining First Assistant City Attorney For the City Attorney Zahn Road Resolution 09042006 —395— Henry Garrett Mayor Corpus Christi, Texas of September, 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Zahn Road Resolution 09042008 -396- Page 3 of 3 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 12, 2008 AGENDA ITEM: Resolution supporting Las Brisas Energy Center's application for an air permit filed with the Texas Commission on Environmental Quality. ISSUE: To support a significant economic development project for the Corpus Christi area. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of a resolution supporting Las Brisas Energy Center's application of an air permit filed with the Texas Commission on Environmental Quality. Irma Caballero Director of Economic Development —399— BACKGROUND INFORMATION Las Brisas Energy Center, LLC, is one of the largest one -time investments in Corpus Christi's history. The asset value is comparable to our communities three refining partner's investment. Las Brisas is expected to be one of the largest tax payers in the region and will be a strong community partner for decades. Las Brisas proposes building a 1,320 gross megawatt (MW) state -of- the-art electric generating facility on the north side of the Port of Corpus Christi's Inner Harbor. This project will provide much - needed, reliable electric power for users throughout Corpus Christi and South Texas at competitive prices. The state -of- the -art facility will utilize highly sophisticated equipment to generate clean energy and protect the region's environment. Environmental Benefits • Will not discharge wastewater into Corpus Christi Bay; • Will buy raw water (via pipeline) from the City of Corpus Christi; • Will not cause or contribute to a change in the ozone attainment status for the Corpus Christi air shed; • Will be constructed in an existing industrial corridor; • Will provide a beneficial use for petroleum coke, an existing by- product of the current refining industry in the area; and • Will use best available control technology Economic Benefits • Will create 1,300 direct jobs and 2,600 indirect jobs during the construction phase, for an initial economic impact of $2.5 - $3 billion; • More than 90% of these jobs will come from Nueces and San Patricio counties; • Will create 80 -100 direct jobs and 150 -175 indirect jobs once operating, for an economic impact of $20 - $30 billion in annual wages; • Permanent jobs will be long term, with starting annual salaries averaging $75,000 plus excellent health and retirement benefits; • Plant will produce reliable base load power locally, allowing competitive pricing and overall consumer savings; and • Will diversity fuel sources for power production to insulate Texans from volatile natural gas prices which can lead to higher electricity prices —400— Page 1 of 3 RESOLUTION SUPPORTING LAS BRISAS ENERGY CENTER'S APPLICATION FOR AN AIR PERMIT FILED WITH THE TEXAS COMMISSION ON ENVIRONMENTAL. QUALITY WHEREAS, the City of Corpus Christi supports economic development and seeks to promote job creation; WHEREAS, the proposed Las Brisas Energy Center location is in direct proximity to a deep water port; WHEREAS, Nueces County, San Patricio County and the surrounding region have invested in past infrastructure development, as evidenced by long term water planning and the construction of the Joe Fulton International Trade Corridor; WHEREAS, Las Brisas Energy Center will be an electric generating facility located on the north side of the Port of Corpus Christi's Inner Harbor and the first major new tenant on the Joe Fulton International Trade Corridor; WHEREAS, $3 billion will be invested in a state -of- the -art facility designed to minimize environmental impacts and be clean and efficient; WHEREAS, 1,300 direct jobs and 2,600 indirect jobs will be created during the construction phase, for an initial economic of $2.5 to 3 billion; WHEREAS, the Las Brisas Energy Center will produce power locally, allowing competitive pricing and overall consumer savings on electric rates; and WHEREAS, the Las Brisas Energy Center will complement existing industry in Nueces County in that it will provide a beneficial use for petroleum coke, an existing by- product of the current refining industry in the area; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi City Council supports Las Brisas Energy Center's application for an air permit filed with the Texas Commission on Environmental Quality, and urges approval by the Commission. SECTION 2. The City Council authorizes the City Manager, or designee, to send a copy of this Resolution to the Texas Commission on Environmental Quality. SECTION 3. This Resolution is effective immediately upon its passage. Las Brisas Res 09102008 -401- ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: /0 day of September, 2008. R. Jay Reifiing First Assistant City Attorney For City Attomey Las Brisas Res 09102008 -402- Henry Garrett Mayor 2 Corpus Christi, Texas of September, 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Las Brisas Res 09102008 -403- 3 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of the status and proposed schedule of hearings for adoption of the Unified Development Code. STAFF PRESENTER(S): Name Title /Position Department 1. Bob Nix Assistant City Manager Development Services OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None ISSUE: Status report of ongoing process of the Unified Development Code. BACKGROUND: The City of Corpus Christi has hired Duncan Associates (the consultant) to assist in preparing a Unified Development Code (UDC) to regulate land development in the City and its extraterritorial jurisdiction. The City recognizes the need to transition from separate zoning and platting ordinances to a unified code containing all of its land development regulations. A good UDC is more than a collection of chapters from the zoning and platting ordinances. Rather, a UDC should have the following characteristics: • A single document rather than multiple, conflicting, ordinances • A uniform set of consistent definitions • Procedures that follow the normal sequences of development • A coordinated system for development review and enforcement -407- The process of consolidation of the platting and zoning ordinances will reveal inconsistencies and duplications that can be eliminated. The UDC will be a total regulatory package that is greater than the sum of its parts. REQUIRED COUNCIL ACTION: None Exhibits: UDC Schedule -408- Bob Nix, AICP Assistant City Manager Development Services 1 UNIFIED DEVELOPMENT CODE PROJECT OUTLINE AND SCHEDULE 2 August 8, 2008 3 4 1. Objective: 5 6 At this time, our objective is to do all we can prior to presentation of documents 7 for public hearings to ensure the proposed UDC creates better results than we 8 have with the existing zoning ordinance, subdivision regulations, and permitting 9 processes for zoning, land subdivision and on -site and off -site improvements. 10 11 2. Focus Group Progress: 12 13 Only one focus group is actively working at this time. The Administrative Focus 14 Group is looking at the code processes, and assisting the staff to ensure the code is 15 internally consistent. They have an ambitious schedule to get as much of their 16 work completed as possible by September. 17 18 All other focus groups have completed their work. 19 20 3. Consultant Involvement: 21 22 A. The staff is working with George Arimes, consultant for the creation of a 23 "one stop shop" development services operation. Staff and Mr. Arimes 24 are reviewing UDC processes and requirements to ensure the UDC 25 enables the successful implementation of the review and permitting 26 processes necessary for the development services concept to be successful. 27 28 B. The staff continues to work with the UDC consultant, Duncan and 29 Associates, to ensure the code is as clean as possible, and achieves the 30 desired result of actually being a "unified" development code. 31 32 Ongoing processes. 33 34 4. Staff Projects: 35 36 A. Identification of Potential Internal Code Conflicts: Staff is working on a 37 section -by- section analysis of the proposed UDC to ensure that there are 38 no internal conflicts As soon as it is completed, the results of this 39 evaluation will be submitted to the Administrative Focus Group to aid 40 them in their discussions. This analysis will be a part of the basis for staff 41 recommendations for changes in the proposed UDC that may not have 42 been recommended by the focus groups. 43 44 Estimated completion date: August 22 "a 45 -4d9- 1 B. Identification of Potential External Code Conflicts: This staff and 2 consultant project involves looking at the proposed UDC to identify 3 potential conflicts between its requirements and the provisions of' other 4 parts of the City Code of Ordinances, and other non - codified ordinances. 5 6 For example, the adopted landscaping code requires landscaping to be 7 placed between three feet and five feet from the property line abutting a 8 street. The landscaping requirement applies to commercial development 9 that would typically abut arterial or collector streets. The proposed UDC 10 Article VII, Infrastructure, Section 8.2.4, Easements, requires utility 11 easements fifteen feet in width along both sides of arterial streets, and ten 12 feet in width along both sides of collector streets. The reason for the 13 utility easement requirement is that the street rights -of -way widths 14 specified in the proposed UDC may be too narrow to accommodate 15 utilities within the rights -of -way. However, section 55 -1, Code of 16 Ordinances, Utilities, (not part of the UDC) makes it unlawful to plant 17 bushes, trees, or shrubs within any utilities easement in the city. Given 18 that five foot landscape buffers are required to be measured from the 19 property line, and that they would be entirely within the required ten or 20 fifteen foot wide required utility easements, the required landscape buffers 21 are deemed unlawful by section 55 -1 of the Code of Ordinances. 22 Obviously, this set of requirements needs to be reconsidered. 23 24 This and other such conflicts are being identified and evaluated by the 25 staff with assistance from the UDC consultant. As many of them as 26 possible will be presented to the Administrative Focus Group for 27 comment. 28 29 Estimated Completion Date: August 22. 30 31 C. Citation of Statutory and Charter Authority: Each section of the proposed 32 UDC is being annotated to show the relevant statutory and/or charter 33 authority. These citations provide a quick reference for the legal basis for 34 each code section. As the annotations are developed, each section of the 35 proposed UDC is being checked to ensure that there is no obvious conflict 36 with the relevant legal authority. 37 38 Estimated Completion Date: August 22. 39 40 D. Comprehensive Plan Consistency: The staff and consultant are reviewing 41 the proposed UDC for consistency with the existing adopted 42 Comprehensive Plan. Each section is being evaluated against the various 43 relevant Comprehensive Plan policies in order to ensure that the proposed 44 UDC is consistent with and implements the Comprehensive Plan. If there 45 are any inconsistencies identified, there will be recommended options for 2 —410— 1 resolving them that will generally involve either amending the proposed 2 UDC, or amending the adopted Comprehensive Plan, as appropriate. 3 4 The Comprehensive Plan expresses the official land development, 5 infrastructure, and capital improvements policies of the city. It is required 6 by the City Charter. The City Charter also requires the Comprehensive 7 Plan to be implemented by the adoption of ordinances that are consistent 8 with the Comprehensive Plan requirements. The proposed UDC is one of 9 the major ordinances implementing the Comprehensive Plan, and the UDC 10 is required by our City Charter to be consistent with the Comprehensive 11 Plan. 12 13 Estimated Completion Date: August 22. 14 15 E. Coordination with Other Agencies: The current draft of the UDC, with the 16 recommended focus group amendments, is being circulated to other city 17 agencies that are involved in the land development process for their 18 information and comment. 19 20 Ongoing process. 21 22 F. Evaluation of UDC Versus Established Professional Practices: The UDC 23 is being reviewed by staff and consultant to ensure that it is fairly 24 representative of recommended professional practices and best practices 25 recommendations. To the extent that various best management practices, 26 professionally accepted standards, and recommended practices are not 27 reflected in the UDC, significant deviations will be evaluated with 28 appropriate staff recommendations for action or future review. 29 30 One potential issue that may be of interest to the Mayor and Council is the 31 degree to which the proposed UDC may either permit or prevent 32 Traditional Neighborhood Development. This compact development form 33 is a growing national practice consistent with the Smart Growth 34 movement, and the ease with which it can be implemented in the city is 35 largely determined by the flexibility permitted in the city's land 36 development and zoning codes. 37 38 Ongoing process. Initial results August 22. 39 40 G. Evaluation of the UDC Versus the US Environmental Protection Agency 41 Smart Growth Criteria: The US Environmental Protection Agency created 42 a Smart Growth evaluation checklist that is intended for local governments 43 to use in self - evaluation of their codes. The staff is using this checklist to 44 evaluate the proposed UDC. Any issues identified by this evaluation will 45 be reported with appropriate recommendations for action or for future 46 review. —41T1— 1 2 The staff already requested technical assistance from the EPA Smart 3 Growth Program. EPA is evaluating the requests it received from all over 4 the country to determine which local governments will be awarded 5 technical assistance. Should the EPA select our city, there would be no 6 need at this time to hire a consultant to perform a Smart Growth 7 evaluation. Until we get a decision from EPA, we are using their self - 8 evaluation form to complete an initial review. 9 10 Estimated Completion Date: August 22. 11 12 5. Anticipated UDC Schedule: 13 14 August 13, 2008: Complete the Distribution of current version of UDC to Planning 15 Commission and affected agencies. 16 17 August 27, 2008: Complete the Distribution of Annotated version of UDC to 18 Planning Commission with latest comments from Administrative 19 Focus Group and affected agencies and staff analysis. 20 21 September 3, 2008: Discuss with the Planning Commission any issues with UDC to 22 date, and the format for the public hearing on September 17 and/or 23 October 1. 24 25 September 10, 2008: Transmittal of proposed public hearing UDC draft and a report 26 regarding UDC from staff and Administrative Focus Group to 27 Planning Commission, Mayor, and City Council. 28 29 September 17, 2008: Tentative earliest date for Planning Commission public hearing 30 on the proposed UDC. 31 32 October 1, 2008: Tentative date for Planning Commission public hearing regarding 33 proposed UDC. 34 35 October 28, 2008: Tentative date for public hearing regarding proposed UDC 36 conducted by the Mayor and City Council — depending on length of 37 Planning Commission deliberations. 4 —412— 11100%0%ol City of Corpus Christi -414-