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Agenda Packet City Council - 08/30/2011
-.2%-nr-445nt, w5:141.Z.T.Irt :11t, NO - 7 vr 11:45 A.M. - Proclamation declaring September 8, 2011 as "International Literacy Day" Proclamation declaring September 10, 2011 as "Operation K.E.Y.S. — Keeping Every Youth in School Day" Leadership Corpus Christi Alumni Association Presentation of the "Alumni of the Year" Award to Mayor Joe Adame 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 ST. CORPUS CHRISTI, TEXAS 78401 AUGUST 30, 2011 12:00 P.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 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habre 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 Joe Adame to call the meeting to order. B. Invocation to be given by Mr. Chuck Goodwin, Founder, Fish for Life Ministries. 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 Joe Adame Mayor Pro Tem Priscilla Leal Council Members: Chris N. Adler City Manager Ronald L. Olson Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa David Loeb John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting August 30, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of August 23, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Marina Advisory Committee * Nueces County Tax Appraisal District G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 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.) 3. Motion approving a service agreement with Aspen Lawn Care, LLC of Corpus Christi, Texas, based on best value, in accordance with Request for Proposal No. BI -0133-11 for an estimated annual expenditure of $63,548.35, for Groups 5A and 7, Storm Water improved ROW strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve-month periods, subject Agenda Regular Council Meeting August 30, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) to the approval of the City Manager or designee. Funds have been budgeted by the Storm Water Department in FY 2011- 2012. (Attachment # 3) 4. Motion approving a supply agreement with General Chemical Performance Products, LLC of Parsippany, New Jersey for approximately 700 tons of liquid ammonium sulfate in accordance with Bid Invitation No. BI -0141-11, based on low bid for an estimated semi-annual expenditure of $133,000. The term of the supply agreement will be for six months with an option to extend for up to five additional six-month periods subject to the approval of the supplier and the City Manager or designee, Funds are available in the Water Operations Budget in FY 2011-2012. (Attachment # 4) 5. Motion approving a supply agreement for 5,860 tons of liquid caustic soda with Univar USA of Corpus Christi, Texas in accordance with Bid Invitation No. BI -0140-11, based on low bid for an estimated twelve month expenditure of $1,329,405. The term of the contract will be for twelve months with options to extend for up to four additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2011-2012. (Attachment # 5) 6. Motion approving the purchase of radio equipment to provide interoperable communications for the Corpus Christi Police Department and regional users, from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $724,415.29. Funds are available through the Port Security Grant Program (PSGP). (Attachment # 6) 7. Motion approving the purchase of radio equipment to provide interoperable communications for the Corpus Christi Police Department and regional users, from Dailey & Wells Communications of San Antonio, Texas based on sole source for a total expenditure of $363,245.50. Funds are available through the Buffer Zone Protection Program Grant (BZPP). (Attachment # 7) Agenda Regular Council Meeting August 30, 2011 Page 4 8. 9. 10. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or designee to accept a grant of $34,298 from the Texas Department of State Health Services for supplies, equipment, and travel expenses to fund a hospital preparedness program relating to a plan for responding to an act of terrorism and to execute all related documents; and ratifying acceptance of the grant agreement to begin July 1, 2011. (Attachment # 8) b. Ordinance appropriating a grant of $34,298 from the Texas Department of State Health Services in the No. 1066 Health Grants fund to fund a hospital preparedness program relating to a plan for responding to an act of terrorism. (Attachment # 8) a. Resolution authorizing the City Manager or designee to accept a grant of $166,825 from the Texas Department of State Health Services for personnel costs, supplies, and other expenses to provide a public health emergency preparedness program relating to a plan for responding to an act of terrorism and to execute all related documents; and ratifying acceptance of the grant agreement to begin August 1, 2011. (Attachment # 9) b. Ordinance appropriating a grant of $166,825 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide a public health emergency preparedness program relating to a plan for responding to an act of terrorism. (Attachment # 9) a. Resolution authorizing the City Manager or designee to accept a grant of $5,000 from the Texas Department of State Health Services for supplies to fund influenza testing and to execute all related documents. (Attachment # 10) b. Ordinance appropriating a grant of $5,000 from the Texas Department of State Health Services in the No. 1066 Health Grants fund to provide influenza testing. (Attachment # 10) Agenda Regular Council Meeting August 30, 2011 Page 5 11. 12. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion authorizing the City Manager, or designee, to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $320,201.50 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Collaborative Committee for Fiscal Year 2011-2012, Contract Period September 1, 2011 through August 31, 2012. (Attachment # 11) b. Ordinance appropriating $320,201.50 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund to fund the Community Youth Development Program in the 78415 Zip Code for Fiscal Year 2011-2012 contract period September 1, 2011 — August 31, 2012. (Attachment # 11) c. Motion authorizing the City Manager or designee to execute a subcontract with Communities in Schools, Corpus Christi, Inc. in the amount of $65,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. (Attachment # 11) d. Motion authorizing the City Manager or designee to execute a subcontract with SERCO of Texas in the amount of $85,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. (Attachment # 11) a. Resolution authorizing the City Manager or designee to accept the "HOME 2010" Continuum of Care Grant from the U.S. Department of Housing and Urban Development for the Homeless Supporting Housing Program and to execute all documents and subrecipient agreements necessary to implement the program as follows: (1) $142,569 for Charlie's Place, (2) $160,255 for Corpus Christi Metro Ministries, (3) $142,720 for Goodwill Industries, (4) $122,673 for Nueces County Mental Health and Mental Retardation, (5) $309,536 for the Salvation Army, and (6) $134,971 for Wesley Community Center. (Attachment # 12) Agenda Regular Council Meeting August 30, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a grant in the amount of $1,012,724 from the U.S. Department of Housing and Urban Development in the No. 1071 Grant Fund for the "HOME 2010" Continuum of Care Homeless Supportive Housing Program. (Attachment # 12) c. Motion ratifying the 2010 Continuum of Care ("COC") grant funding agreements with Corpus Christi Metro Ministries and Wesley Community Center to be effective April 1, 2011. (Attachment # 12) 13. Ordinance authorizing the resale of thirty-four (34) properties shown on the attached and incorporated Exhibit A at a tax resale auction with opening bids of 25% of the most recent tax appraisal value, and reducing opening bid by half for unsold properties. (Attachment # 13) 14. Motion authorizing the settlement of Cause No. 2010 -CV - 61578 -3, styled Shaun Earl Mehegan v. Steve Rivera and the City of Corpus Christi, Texas pending in Nueces County Court at Law No. 3 pursuant to the recommendation of, and in accordance with terms negotiated by, legal counsel. (Attachment # 14) 15. Motion authorizing the City Manager or designee to renew an annual joint funding agreement with the United States Geological Society (USGS), U.S. Department of the Interior. The amount of the contract is $166,595 and the period October 1, 2011 through September 30, 2012. (Attachment # 15) 16. Motion authorizing the City Manager or designee to execute an Interlocal Agreement between the Capital Area Housing Finance Corporation (CAHFC) and the City of Corpus Christi to support the funding of a loan from the CAHFC to HPD Castle Manor, LP to help finance the acquisition and rehabilitation of certain property located in the City of Corpus Christi's jurisdiction. (Attachment # 16) 17. Resolution declaring the City of Corpus Christi's strong support for a carry forward designation for the Palms at Leopard Street. (Attachment # ) Agenda Regular Council Meeting August 30, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 18. Ordinance abandoning and vacating a 2,875.53 -square foot portion of a 25 -foot wide utility easement, out of Lots 15-A and 16, Block 8, Hopper Addition No. 2, located northwest of Doddridge Street and southwest of the Pope Drive public street right-of-way, requiring the owners Moises and Melissa Salazar to comply with the specified conditions. (Attachment # 18) 19. Ordinance abandoning and vacating a 3,477.04 -square foot portion of a 10 -foot drainage easement, out of Lots 30 and 31, Block 1, River Canyon Unit 2, located east of the Rolling Ridge Trail public street right-of-way, requiring the owners Clayton and Debra Taylor to comply with the specified conditions. (Attachment # 19) 20. Motion authorizing the City Manager or designee to execute a Monitoring Contract with Conrad Blucher Institute, Texas A&M University Corpus Christi in an amount not to exceed $92,355 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2011-2012. (Attachment # 20) 21. Motion authorizing the City Manager or designee to execute a service agreement with American Electric Power (AEP) in the amount of $93,082.34 for the installation of Yorktown Boulevard Street Lighting between Staples Street and Cimarron Boulevard. (BOND 2008) (Attachment # 21) 22. Motion authorizing the City Manager or designee to execute a construction contract with Elite General Contractors, LLC of Corpus Christi, Texas in the amount of $358,900 for Padre Youth Football New Restroom and United Kickball New Restroom. (BOND 2008) (Attachment # 22) 23. Second Reading Ordinance - Setting a property tax rate of $0,570557 per $100 valuation; prescribing the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2011 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. (First Reading — 08/23/11) (Attachment # 23) Agenda Regular Council Meeting August 30, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 24. Second Reading Ordinance - Authorizing the City Manager or designee to execute a license agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services for operation of Bayfront Park Kiosk. (First Reading — 08/23/11) (Attachment # 24) EXECUTIVE SESSIONS: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. * Executive Session under Sections 551.071 and 551.072, Texas Government Code, for legal advice on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act and deliberations regarding the value or lease of real property, with possible discussion and action in open session. * Executive Session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, duties of Municipal Court Judges with possible discussion and action in open session. J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 25. a. Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $75,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes Agenda Regular Council Meeting August 30, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) relating to constructingimprovements to the City's Combined Utility System; authorizing matters incident and related thereto; and providing an effective date. (Attachment # 25) b. Motion authorizing the appointment of M.E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2011. (Attachment # 25) c. Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2011" in an amount not to exceed $55,000,000; making provisions for the payment and security thereof on a parity with certain currently outstanding obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds; including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying Agent/ Registrar Agreement and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. (Attachment # 25) 26. Resolution amending the City Council Policy regarding naming of City Parks and Recreational Facilities. (Attachment # 26) 27. a. Ordinance appropriating $300,000 from the Federal Aviation Administration Grant No. 3-48-0051-045-2009 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Corpus Christi International Airport Terminal Building; amending the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $300,000. (Attachment # 27) b. Ordinance appropriating $2,596,792 from the Federal Aviation Administration Grant No. 3-48-0051-047-2011 in the No. 3020 Airport Capital Improvement Fund for Runways 17/35 Extension, Phase I; Runways 13/31 Extension, Phase Agenda Regular Council Meeting August 30, 2011 Page 10 28. 29. 30. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) I; Conduct Taxiway Utilization Study; amending the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $2,596,792 each. (Attachment # 27) a. Motion authorizing the City Manager or designee to execute a Construction Contract Award to KST Electric of Corpus Christi, Texas for the Base Bid only in an amount not to exceed $5,522,860.63 for the O.N. Stevens Water Treatment Plant Electrical Distribution improvements. (Attachment # 28) b. Motion authorizing the City Manager or designee to execute a construction management/inspection services contract to Anderson Group Construction Management (AGCM) of Corpus Christi, Texas in an amount not to exceed $261,018 for the O.N. Stevens Water Treatment Plant Electrical Distribution Improvements. (Attachment # 28) a. Ordinance appropriating $544,000 of anticipated revenues from the Texas Department of Transportation in Fund No. 3530 for the Holly Road Improvements from SH 286 (Crosstown Expressway) to Greenwood Drive Project; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $544,000. (Attachment # 29) b. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $1,545,961 for Holly Road Improvements from SH 286 (Crosstown Expressway) to Greenwood Drive. (BOND 2008) (Attachment # 29) a. Motion accepting the gift agreement between the City of Corpus Christi and the Corpus Christi Public Library Foundation, Inc. in the amount of $101,650 for the renovations to the Greenwood Branch Library. (Attachment # 30) b. Motion accepting the gift agreement between the City of Corpus Christi and the Corpus Christi Public Library Agenda Regular Council Meeting August 30, 2011 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Foundation, Inc. in the amount of $37,100 for the renovations to the Greenwood Branch Library. (Attachment # 30) c. Ordinance appropriating $138,750 from the Corpus Christi Public Library Foundation in the Fund 3210 Library CIP Fund for the renovations to the Greenwood Branch Library; changing the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $138,750. (Attachment # 30) d. Motion authorizing the City Manager or designee to execute a construction contract with Elite General Contractors, LLC of Corpus Christi, Texas in the amount of $1,385,100 for the Greenwood Branch Library Remodeling and Improvements Project for the Base Bid and Additive Alternates C, D, E and F. (BOND 2008) (Attachment # 30) 31. Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties of Sandia, Texas in the amount of $110,185.06 for the Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2. (TABLED ON 8/23/11) (Attachment # 31) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 32. Joint Land Use Study Consultant Selection Briefing (Attachment # 32) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 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.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND Agenda Regular Council Meeting August 30, 2011 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY 1S NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: * Update on City Operations 0. 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 ✓f • 3D p.m., on August 25, 2011. mando Chapa City Secretary l'iAoy NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 23, 2011 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris N. Adler Kevin Kieschnick David Loeb John Marez Nelda Martinez Mark Scott ABSENT Priscilla Leal City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Kenneth Mutchler with Immanuel Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of July 26, 2011 and special Council meeting of August 9, 2011. A motion was made and passed to approve the minutes, as presented. BOARD APPOINTMENTS Mayor Adame referred to Item 2 and the following board appointments were made: Intergovernmental Commission on Drug and Alcohol Jesus S. Molina (Reappointed) Jean Newberry (Reappointed) Sandra Jackson (Appointed) Library Board Catherine MacLachlan (Appointed) Regional Health Awareness Board Oscar Martinez (Appointed) Senior Companion Program Advisory Committee Marie Partington (Reappointed) Martha Wild (Appointed) —1— Minutes — Regular Council Meeting August 23, 2011 — Page 2 CONSENT AGENDA Mayor Adame called for consideration of the consent agenda (Items 3 -12). There were no comments from the public. Council Member Elizondo requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2011-166 Motion approving the purchase of specialized equipment for a total amount of $180,641.28 from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the State Homeland Security Program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 4. MOTION NO. 2011-167 Motion approving a professional services agreement for professional psychologist services with Sharon L. Rogers, Ph.D., P.C., of Corpus Christi, Texas for an estimated amount of $385,080 of which $117,663 is required in FY 2011-2012. The term of the agreement will be three years with an option to extend for up to two additional one-year periods subject to approval of the vendor and the City Manager or designee. Funding is available in the General and Airport Funds in FY 2011-2012 and will be requested in future fiscal years. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 5. MOTION NO. 2011-168 Motion approving supply agreements with the following suppliers for the following amounts for hot mix asphalt, based on low bid, awarding primary and secondary agreements, in accordance with Bid Invitation No. BI -0172-11 for an estimated semi-annual expenditure of $995,377.50. The term of the agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by Street Services in FY 2011-2012. Bay, Ltd. Corpus Christi, Texas $943,065 Primary Supplier HAC Materials, Ltd. Corpus Christi, Texas $52,312.50 Secondary Supplier Grand Total: $995,377.50 The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 7. MOTION NO. 2011-170 Motion approving the application for street closure from the American Cancer Society to temporarily close the following street sections for the Making Strides Against Breast Cancer 5K Walk, to take place Saturday, October 22, 2011. —2— Minutes — Regular Council Meeting August 23, 2011 — Page 3 a. The temporary street closure of Northbound Shoreline Boulevard between Furman Street and Power Street, beginning at 5:00 A.M. and ending at 12:00 P.M. on Saturday, October 22, 2011. b. The temporary street closure of Northbound and Southbound Shoreline Boulevard between Power Street and the Art Museum of South Texas; including the barge dock, beginning at 5:00 A.M. and ending at 12:00 P.M. on Saturday, October 22, 2011. 8. MOTION NO. 2011-171 Motion authorizing the City Manager, or designee, to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $74,833.14 for the Public Safety Warehouse Fire Station Slab Replacement. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 9.a. RESOLUTION NO. 029167 Resolution authorizing the City Manager or designee to accept an additional grant from the Texas Commission on Environmental Quality in the amount of $96,592.99 for Air Quality Planning and authorizing the City Manager to execute related amendments to Interlocal cooperation agreements with North Texas University and Texas A & M University — Corpus Christi. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 9.b. ORDINANCE NO. 029168 Ordinance appropriating $96,592.99 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 10. RESOLUTION NO. 029169 Resolution amending Council Policy 14 "Boards, Commissions, and Committee Procedures" to provide for time of consideration of appointment. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 11. ORDINANCE NO. 029170 Authorizing the City Manager or designee to execute a 14 year lease agreement (with an option to renewal for an additional 10 years at City Council's discretion) with the Padre Island Yacht Club that supersedes the current 10 -year lease that expires on July 11, 2015. (First Reading — 07/19/11) —3— Minutes — Regular Council Meeting August 23, 2011 — Page 4 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 12. ORDINANCE NO. 029171 Providing for the hiring and qualifications of a City Auditor; preserving the Auditor's independence; providing access to City records; determining distribution of audit reports; establishing the powers and duties thereof; and providing for a peer review. (First Reading — 07/26/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. The following item was pulled for discussion and was voted on separately. City Secretary Chapa polled the Council for their vote on Item 6 as follows: 6. MOTION NO. 2011-169 Motion authorizing the City Manager or designee to renew maintenance and licensing agreement for one (1) IronPort internet filtering device from Calence, DIR-SDD-1460. Agreement will cover all City network users for three (3) years for a total cost of $75,298.11. This purchase will be financed over a three-year period with Key Government Finance, Inc. of Superior, Colorado with three annual payments of $25,099.37. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. REGULAR AGENDA ITEM MayorAdame opened discussion on Item 19 regarding the 1914 Historical Nueces County Courthouse. Interim Assistant City Manager Rudy Garza stated that this item was placed on the agenda at the request of Council Member Kieschnick for consideration of a resolution to support Nueces County's efforts regarding the 1914 Nueces County Courthouse. Mr. Kieschnick made a motion to change the caption and Sections 1 & 2 of the resolution. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. MayorAdame called for comments from the audience and the following citizen spoke: Abel Alonzo. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 029166 Resolution endorsing the request of Nueces County to the Texas Historical Commission to lift the deed restrictions associated with the 1914 Historic Nueces County Courthouse. The foregoing resolution was passed and approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. —4— EXECUTIVE SESSION follows: Minutes — Regular Council Meeting August 23, 2011 — Page 5 Mayor Adame announced the executive sessions, which were listed on the agenda as Executive session pursuant to Section 551.071(1)(B) to consult with attorney regarding a case styled Cause No. 2010CCV-61578-3, Shaun Earl Mehegan v. Steve Rivera and the City of Corpus Christi, Texas pending in the County Court at Law No. 3 of Nueces County, Texas. Executive session under Texas Government Code Section 551.071(2) for consultation with its attorney regarding certain property rights at Lake Corpus Christi, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: I. MOTION NO. 2011-174 Motion authorizing the City Manager to execute a Legal Services Agreement with Timothy L. Brown to advise the City on water rights and general water law issues, and represent the City before administrative agencies and members of the Texas Legislature, at an hourly rate of $175.00, plus expenses, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. PUBLIC HEARINGS Mayor Adame referred to Item 13, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0711-01, Donald & Patricia Zvlks: A change of zoning from "RS -TF" Two -Family District (formerly "R-2" Multiple Dwelling District) to "ON" Office District (formerly "AB" Professional Office District) resulting in a change of future land use from a medium -density residential use to an office use. The property to be re -zoned is described as Corpus Christi Retirement Residence Addition, Block 1, Lot 1, located along the north side of Lipes Boulevard, west of South Staples Street (FM 2444). City Planner Miguel Saldana referred to a powerpoint presentation including an aerial view; the existing and future land use map; ownership map; views of the subject property; location of surrounding business; and a site plan. Mr. Saldana stated that the Planning Commission and staff recommended approval of the applicant's request for a change in zoning from the "RS -TF" Two - Family District to the "ON" Office District. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: -5- Minutes — Regular Council Meeting August 23, 2011 — Page 6 13. ORDINANCE NO. 029172 Amending the Unified Development Code (UDC), upon application by Donald and Patricia Zylks, by changing the UDC Zoning Map in reference to Corpus Christi Retirement Residence Addition, Block 1, Lot 1, from the "RS -TF" Two Family District (formerly "R-2" Multiple Dwelling District) to the "ON" Office District (formerly "AB" Professional Office District), amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. Mayor Adame referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following Unified Development Code amendments: 14. Presentation and Public Hearing to consider amendments to the Unified Development Code, including new ordinances promoting clustered and mixed-use development, alternative housing options, establishment of Overlay and Special Overlay Districts, and other new development ordinances. Interim Assistant City Manager Rudy Garza stated that staff is recommending postponing this item until September 13th. Mr. Kieschnick made a motion to table Item 14 until September 13th seconded by Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 14. TABLED TO SEPTEMBER 13, 2011 including new ordinances promoting clustered and mixed use development, alternative development oral. REGULAR AGENDA Mayor Adame referred to Item 15 regarding setting a property tax rate of $0.570557 per $100 valuation. Interim Director of Financial Services Constance Sanchez explained that this item is setting the property tax rate for tax year 2011 at a rate if $0.570557 per $100 valuation (effective tax rate). City Secretary Chapa polled the Council for their votes as follows: 15. FIRST READING ORDINANCE Setting a property tax rate of $0.570557 per $100 valuation; prescribing the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2011 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. -6- Minutes — Regular Council Meeting August 23, 2011 — Page 7 Mayor Adame referred to Item 16 regarding a license agreement to operate at the Bayfront Park Kiosk. Procurement Manager Paul Pierce explained that this ordinance authorizes a licensing agreement for use of the Bayfront Park kiosk with Amarillo Sports Services, Inc. dba Game Time Food and Beverage Services to allow for the operation of the facility as a food and beverage concession. City Secretary Chapa polled the Council for their votes as follows: 16. FIRST READING ORDINANCE Authorizing the City Manager or designee to execute a license agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services for operation of Bayfront Park Kiosk. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. Mayor Adame opened discussion on Item 17 regarding the renewal of lobbying contracts. Interim Assistant City Manager Rudy Garza explained that this item is the annual renewal lobbying contracts with Focused Advocacy at the state level and Meyers & Associates at the federal level. City Secretary Chapa polled the Council for their votes as follows: 17.a. MOTION NO. 2011-172 Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Focused Advocacy for state governmental relations services. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. 17.b. MOTION NO. 2011-173 Motion authorizing the City Manager to execute a renewal agreement between the City of Corpus Christi and Meyers & Associates for federal governmental relations services. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. Mayor Adame opened discussion Item 18 regarding the Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2. Director of Engineering Services Pete Anaya provided an overview of the project including the proposals received; the project scope and recommendation to award the contract to Bridges Specialties. City Secretary Chapa polled the Council for their votes as follows: 18. FAILED TO PASS The foregoing motion failed with the following vote: Adame, Loeb, Marez, and Martinez, voting "Aye"; Adler, Elizondo, Kieschnick, and Scott, voting "No"; Leal was absent. —7— Minutes — Regular Council Meeting August 23, 2011 — Page 8 Mr. Kieschnick made a motion to award the contract to the second low bidder and/or re -open the project for bids. A discussion ensued regarding the legality of awarding to the second low bidder and tabling the item for further discussion next week. Mr. Kieschnick made a motion to reconsider Item 18. The motion was seconded by Ms. Martinez and passed. Mr. Kieschnick made a motion to table Item 18 until August 30th to receive further information from the project manager on the Salt Flats Levy Project. The motion was seconded by Mr. Loeb. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal was absent. PRESENTATIONS MayorAdame referred to Item 20 regarding the Bayfront Development Plan Phase 3 Project: Shoreline Boulevard Realignment and Master Schedule Update (BOND ISSUE 2008). Director of Engineering Services introduced Assistant Director of Engineering Dan Biles and Carl Crull with HDR Engineering. Mr. Biles referred to a powerpoint presentation including the Bond 2008 project; placemaking at Destination Bayfront; the primary Phase 3 tasks; average daily traffic on Shoreline; the five (5) realignment options evaluated; project schedule; and minimal 4 lane option project budget. PUBLIC COMMENT MayorAdame called for petitions from the audience. The following citizens spoke regarding the following issues: Dr. Gloria Scott — public involvement in the Bayfront Development Plan; Bill Kopecky — general public input and traffic issues in the Bayfront Development Plan; Samantha Sandate — The Dream Act; Ridge Hammons — invited the Council to attend and participate in the HELP "Hits the High Notes" fundraiser on November 3rd; Ron Benavides —encouraged the Council to participate in the HELP "Hits the High Notes" fundraiser; Mae Milligan — requested assistance for speed bumps on the corner of Palm Drive; Lucy Rubio—encouraged the Council to approve Citation Drive Area improvements; Abel Alonzo — applauded Haas -Anderson Construction for their work on the water main break in front of the Courthouse; Kenneth Gajdos — cooperative effort between the City and County on County Road 52 and County Road 69. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:49 p.m. on August 23, 2011. 2 a. MARINA ADVISORY COMMITTEE — One (1) vacancy with term to 12-18-11. DUTIES: To advise and make recommendations regarding development, use, or preservation of the marina, including the following: (1) assist the City Council in providing for the orderly, planned development and use of the marina; (2) review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina; and (3) review and recommend to the City Council the feasibility of development, improvements, maintenance or proposed uses for the marina. COMPOSITION: Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be a representative of a restaurant located within the boundaries of the marina. The Chairperson of the Marina Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. In the initial appointment members will serve an initial two-year term, in the succeeding term, 5 members will serve a two-year term, and 4 members will serve a one-year term, as determined by drawing. Thereafter, all terms will be two -years. MEMBERS Robert Vega (Scientist) Dan Leyendecker (Engineer) John Adams (Environmentalist) Monte L. Reitz (Restaurant) Robert Cagle Hal Suter Marie Adams Roy Pell, Chair ***Rakesh Patel TERM 12-1842 12-18-11 12-18-11 12-18-12 12-18-11 12-18-12 12-18-11 12-18-12 12-18-11 Legend: *Seeking reappointment **Not seeking reappointment * * *Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation INDIVIDUALS EXPRESSING INTEREST Captain Ron Behnke Curt Broomfield ORIGINAL APPTD. DATE 12-18-07 12-18-07 12-18-07 12-07-10 12-18-07 12-18-07 12-18-07 12-18-07 12-18-07 Retired, Fishing Guide. Licensed United States Coast Guard Captain. Attended College. (4/12/11) CEO, South Beach Inc. Retired from U.S. Marine Corp. Activities include: Public Affairs Officer of the Coast Guard Auxiliary; USO Board; Past President of the Rotary Club; and former Convention and Visitors Bureau Board member. (6/08/11) — 1 1 — Stephanie Cloutet Sharon Emerson William M. Kramer, Jr. Anthony John Mulheron Larry L. White Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7/26/11) Paralegal, Law Office of Arnold Gonzales, Jr. Activities include: President and Board of Directors of Corpus Christi International Seamen's Center; Live Auction Chair of March of Dimes Celebrity Chefs Auction; former Bayfest Chairman and Chairman of the Mayor's Fourth of July Committee. (4/19/11) Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5/02/11) Process Engineer, DuPont. Received B.S. and M.S. in Chemical Engineering from Louisiana Tech and M.S. in Environmental Engineering at Memphis State. Activities included: American Institute of Chemical Engineers; Corpus Christi Bucarader; Engineering Advisory Council; and Citizens Advisory Committee on Desalinization and new Harbor Bridge. (4/09/11) —12— b. NUECES COUNTY TAX APPRAISAL DISTRICT — One (1) vacancy with term to 12-31-11. Council may appoint same member for a two year term beginning January 1, 2012. ALL APPOINTMENTS TO APPRAISAL DISTRICT FOR 2012-2013 MUST BE MADE BY OCTOBER 15, 2011 DUTIES: The district is responsible for making general policy regarding the operation of the appraisal district i.e., reappraisal programs, analysis of' procedures, etc. They are also responsible for appointing the Appraisal Review Board. COMPOSITION: Seven (7) members, each shall serve a two-year term and shall have one vote. Each member of the board shall be selected or elected to fill one place on the board, which places shall be numbered one through seven. The term of each member shall begin on January 1 of each even -numbered year. A member must be a resident of the district and reside in the district for at least two (2) years immediately preceding the date the individual takes office. The following entities will designate board members for the places as listed: PLACE NUMBER JURISDICTION VOTING ON THIS PLACE 1 and 2 Corpus Christi ISD 3 and 4 City of Corpus Christi 5 Nueces County 6 Urban -Port Aransas to be decided by the following ISDs: Calallen, Flour Bluff, Port Aransas, City of Port Aransas, Tuloso-Midway ISD, and West Oso 7 Rural -Agribusiness to be decided by these: Agua Dulce ISD, City of Agua Dulce, Banquete ISD, Bishop ISD, City of Bishop, Driscoll ISD, City of Driscoll, London ISD, Robstown ISD, City of Robstown, and Santa Cruz ISD. The City of Corpus Christi shall submit names for Places 3 and 4 to Nueces County Clerk before October 15, and each odd -numbered year thereafter. MEMBERS TERM Place 1: Ed Lopez 12-31-11 Place 2: Paul Altheide 12-31-11 Place 3: Robert Adler 12-31-11 ***Place 4: Sandra J. Billish 12-31-11 Place 5: David Berlanga, Vice Chair 12-31-11 Place 6: Richard C. Pittman, Chair 12-31-11 Place 7: John Sendejar 12-31-11 Ramiro R. Canales, Ex-Offico Member Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met term limitation —13— INDIVIDUALS EXPRESSING INTEREST Richard Bell Eugene H. Bouligny Sylvia Cantu Margareta Fratila Gerardo "Jerry" Garcia Director, Texas A&M Corpus Christi — Coastal Bend Business Innovation Center. Received a BS in Management at Excelsior College and MA in Accounting from Texas A & M University — Corpus Christi. Activities include: Corpus Christi Yacht Club and Corpus Christi Sunrise Rotary. Licensed United States Coast Guard Master. (3/31/11) Self -Employed in Investments and Philanthropy. Graduate of the University of Texas at Austin. Activities include: Del Mar College Foundation; Art Museum of South Texas; Arts Center Board of Directors; and major contributor to Del Mar College Foundation, Habitat for Humanity; Texas A & M University; and Children's Advocacy Center. (8/23/11) Self Employed, Texas Sno-Pro. Formerly Records Management Coordinator/Supervisor for Nueces County. Recipient of Outstanding Awards from Texas State Library and South Texas State Associate Records Management Association. (4/29/11) Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (6/29/11) Self-employed, Hacienda Construction. Received A.A. from Del Mar College. Activities included: teaching seminars fro the Texas Association of Builders; former City Council Member; Director of the National Association of Homebuilders; President of the Corpus Christi Builders Association; Board of Directors at 1st Community Bank; Governor's appointee to 911 Emergency Committee; Vice Chairman of Texas Residential Construction; and Texas Board of Professional Land Surveying. (8/22/11) —14— Carl Bob Hellums Rose Mary Knippa William M. Kramer, Jr. Joel S. Mumphord Marsha Williams President, Tasador, Inc. Received Bachelors of Science and Masters of Land Economics and Real Estate from Texas A & M University. Currently holds a General Certified Real Estate Appraisal Certification and a Texas Real Estate Commission Brokers License. (5/03/11) Owner, Valdez Fleet Sales. Attended Business College at Durhams and Business Management courses at Del Mar College. Activities include: served as Chairman on Appraisal Review Board and current member of the Coastal Bend Chapter of Texas Association of Assessing Officers. (4/18/11) Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28/11) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6/8/11) -15- 3 EMP Vassesar City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of 08/23/2011 DATE: 08/23/2011 TO: FROM: TOPIC: Ronald L. Olson, City Manager Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Award of a service agreement: Mowing Services for Storm Water Department's Improved Rights -of -Way (ROW), Groups 5A, & 7 (Request for Proposal No. BI -0133-11) PURPOSE: Motion approving a service agreement with Aspen Lawn Care, LLC, Corpus Christi, Texas, based on best value, in accordance with Request for Proposal No. BI -0133-11 for an estimated annual expenditure of $63,548.35, for Groups 5A and 7, Storm Water Improved ROW strip mowing. The term of the contract will be for twelve months with the option to extend the contract for up to two additional twelve-month periods, subject to the approval of the City Manager or designee. Funds have been budgeted by the Storm Water Department in FY 2011-2012. BACKGROUND AND FINDINGS: In January 2011, the City awarded contracts for Groups 5A & 7 to Maldonado Nursery & Landscaping, Inc., San Antonio, Texas and Group 1 to Dat A Boy Env Service, San Antonio, Texas in the amounts of $33,510.54 and $30,660. Due to increased labor expenses, it was not feasible for the contractors to maintain pricing through the duration of the contract. The contractors have agreed to hold pricing until new contracts have been established. ALTERNATIVES: The proposal received from Aspen Lawn Care, LLC, meets all of the City's requirements and received superior scores in Profile & Qualifications, Resources, and Past Performance. FINANCIAL IMPACT: ❑ Not Applicable x Operating Expense —1 9— o Revenue ❑ CIP Page 2 of 2 FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget $ 2,060,938.04 $ - $2,060,938.04 Encumbered/Expended amount as of (8/23/11) (1) -49,676.55 $ - -49,676.55 This item -63,548.35 $ - -63,548.35 BALANCE $1,949,713.14 $ - $1,947,713.14 FUND(S): Storm Water Department Note: (1) A contract to D -Bar Contractors, in the amount of $49,676.55, for Group 1 will be awarded administratively. RECOMMENDATION: Staff recommends awarding the service agreement for mowing services to Aspen Lawn Care LLC, Corpus Christi, Texas, in the amount of $63,548.35. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. A committee, comprised of representatives from Storm Water, Risk Management, and Purchasing, reviewed each proposal received and evaluated based on the criteria listed in the proposal. Proposals were evaluated based upon Resources, Profile and Qualifications, Past Performance, Exceptions and Pricing. It was determined by the committee that Aspen Lawn Care, LLC and D -Bar Contractors will serve as backup contractors to each other to fill a potential void created by an underperforming or nonperforming contractor. The prospective contractors underwent a reference check and a review of their ability to perform the service requested. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Storm Water Department LIST OF SUPPORTING DOCUMENTS: Summary evaluation matrix attached cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager Valerie Gray, Director of Storm Water Operations -20- City of Corpus Christi Purchasing Division Senior Buyer: Elisa Covington Request for Proposal No.: 8I-0133-11 Storm Water Improved ROW Strip Mowing Summary Matrix Maximum Score Aspen Lawn Care, LLC Corpus Christi, Texas D -Bar Contractors San Benito, Texas Dorame General Repair & Lawn Corpus Christi, Texas Maldonado Nursery & Landscape, Inc. San Antonio, Texas A Cut Above Lawn Care Corpus Christi, Texas Contour Contracting Corpus Christi, Texas Profile & Qualifications 20 19.20 19.20 19.20 18.80 15.20 17.60 Resources 25 23.25 12.50, 16.38 11.25 21.25 13.00 Past Performance 5 5.00 0.00 0.00 0.00 0.00 0.00 Price Score Groups 5A & 7 50' 45.54 50.00 43.78 46.15 36.67 18.07 Total Score 100 92.99 81.70 79.36 76.20 73.12 48.67 Total one-year award amount $63,548.35 ' $57,879.85 $66,099.97 $62,711.61 $78,916.43 $160,164.30 Note: A proposal from CNR Ground Solutions was received, but was deemed as non-responsive for failure to submit pricing as required in the proposal instructions. 4 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: 8/30/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Award of a supply agreement: Liquid Ammonium Sulfate (Bid Invitation No. BI -0141-11) PURPOSE: Motion approving a supply agreement with General Chemical Performance Products LLC, Parsippany, New Jersey for approximately 700 tons of liquid ammonium sulfate in accordance with Bid Invitation No. BI -0141-11, based on low bid for an estimated semi-annual expenditure of $133,000. The term of the supply agreement will be for six months with an option to extend for up to five additional six-month periods subject to the approval of the supplier and the City Manager or designee Funds are available in the Water Operations Budget in FY2011-2012. BACKGROUND AND FINDINGS: This chemical will be used for treatment of potable (drinking) water to disinfect the treated water. The chemical will be the primary source for ammonia, which is used in conjunction with chlorine to form monochloramine, the primary disinfectant in the water treatment process. ALTERNATIVES: The bid submitted by General Chemical Performance Products LLC meets all of the City's bid requirements and is also the lowest price received. FINANCIAL IMPACT: o Not Applicable x Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget $ 4,512,116.00 $4,512,116.00 Encumbered/Expended amount as of (08/30/2011) 0.00 0.00 This item 133,000.00 133,000.00 BALANCE 4,379,116.00 4,379,116.00 FUND(S): Water Department —25— RECOMMENDATION: Staff recommends approval of the motion as presented. CONFORMITY TO CITY POLICY: This supply agreement conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Water Department LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached Cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager Gustavo Gonzalez, Director of Water Operations -26- CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: 8/30/2011 BID TABULATION BI -0141-11 WATER CHEMICALS General Chemical Performance Products, LLC Altivia Corporation Qty Unit Parsippany, New Jersey Houston, Texas 1.0 Liquid Ammonium Sulfate Award Total: 700 Tons $190.00 $133,000.00 $229.60 $160,720.00 -27- $133,000.00 $160,720.00 5 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: 08/30/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Award of a supply agreement: Liquid Caustic Soda (Bid Invitation No. BI -0140-11) PURPOSE: Motion approving a supply agreement for 5,860 tons of liquid caustic soda with Univar USA, Corpus Christi, Texas in accordance with Bid Invitation No. BI -0140-11, based on low bid for an estimated twelve month expenditure of $1,329,405.00. The term of the contract will be for twelve months with options to extend for up to four additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2011-2012. BACKGROUND AND FINDINGS: Liquid caustic soda is used to adjust the pH level of the blended Nueces River — Lake Texana treated water to acceptable levels. The Lake Texana water has a lower pH than the Nueces River water and must be adjusted accordingly. ALTERNATIVES: The bid received from Univar USA meets all of the City's bid requirements and is also the lowest price received. FINANCIAL IMPACT: o Not Applicable x Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget $ 4,512,116.00 54,512,116.00 Encumbered/Expended amount as of (08/30/11) 133,000.00 133,000.00 This item 1,329,405.00 1,329,405.00 BALANCE 3,049,711.00 3,049,711.00 UND(S): Water Department -31- RECOMMENDATION: Staff recommends approval of the motion as presented. CONFORMITY TO CITY POLICY: This supply agreement conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Water Department LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached Cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager Gustavo Gonzalez, Director of Water Operations —32— CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDONADO COUNCIL DATE: 8/30/2011 Univar USA BID TABULATION BI -0140-11 WATER CHEMICALS General Chemical Performance Products, LLC FSTI, Inc. Qty Unit Corpus Christi, Texas Parsippany, New Jersey Austin, Texas 1.0 Liquid Caustic Soda 1.1 50 % liquid caustic soda 1.2 25 % liquid caustic soda Award Total: 5,000 Tons 860 Tons $241.50 $1,207,500.00 $250.60 $1,253,000.00 $305.00 $1,525,000.00 141.75 121,905.00 146.60 $1,329,405.00 -33- 126,076.00 195.00 167,700.00 $1,379,076.00 $1 ,692,700.00 6 City of Corpus _ = Christi AGENDA MEMORANDUM for the City Council Meeting of 08/23/2011 DATE: August 3, 2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of Police Troyr(acctexas. com 886-2603 Purchase of radio equipment under the Port Security Grant Program PURPOSE: Motion approving the purchase of radio equipment to provide interoperable communications for the Corpus Christi Police Department and regional users, from Dailey & Wells Communications, San Antonio, Texas based on sole source for a total expenditure of $724,415.29. Funds are available through the Port Security Grant Program (PSGP). BACKGROUND AND FINDINGS: The City of Corpus Christi manages the large 800 MHz radio system that provides communications to all Public Safety and Public Works Departments within the City of Corpus Christi and Nueces County. The Texas Governor's office has issued a mandate to install a state- wide 700 MHz radio system to provide interoperability with all existing radio systems throughout the State of Texas. This project will provide the first of two 700 MHz radio sites in the Corpus Christi area to comply with the State's 700 MHz initiative. The project also provides for the connectivity between the existing 800 MHz radio system and the new 700 MHz system. It also includes the equipment required to connect to the State's radio switch in Austin which will then connect to the main 700 MHz state-wide radio system. This connection will provide seamless radio operations between all local and State agencies regardless of what type radio they are using to provide the highest quality interoperable communications to all first responders. ALTERNATIVES: None OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable X Operating Expense o Revenue D CIP FISCAL YEAR: 2011 - 2012 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 761,604.00 0 761,604.00 Encumbered / Expended Amt. as of July 12, 2012 0 - - 0 0 This item 0 724,415.29 0 724,415.29 BALANCE 0 37,188.71 0 37,188.71 FUND(S): Police Grants Comments: RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for approval of purchases of $50,000. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Purchasing Federal Grants LIST OF SUPPORTING DOCUMENTS: Cc: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Iterim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —38— DAILEY-WELLS COMMUNICATIONS 3440 E. Houston St. San Antonio, TX 78219 To: City of Corpus Christi, Don Nattinger From: CJ Hijazi (210) 316-8335 Date: July 13, 2011 NSC P25 Site Licenses DAILE tLS. PART DESL'RIRT[ON%, �: ` ". 'PART -•:NUMBER I' - Onf . ="UNIT LIST, `; DISC. % : , UNIT SALEi- EXT: SALE ;: License,P25 For Standard NSS MANSSG7Y 1 $ 100,000.00 25% $ 75,000.00 $ 75,000.00 License,Standard NSS Voice and Data MANS-SG6M 1 $ 80,000.00 25% $ 60,000.00 $ 60,000.00 License,Standard NSS,P25 Data Site 1-25 MANS-SG60 1 $ 1,575.00 25% $ 1,181.25 $ 1,18125 Ucense,Standard NSS,P25 Voice Site 1-25 MANS-SG6S 1 $ 1,575.00 25% $ 1,181.25 $ 1,181.25 Ucense,Std NSS,P25 Data Channel (1-120) MANS-SG7B . 5 $ 0.01 25% $ 0.01 $ 0.04 License,Std NSS,P25 Voice Talkpath 1-120 MANS-SG7D 5 $ 1,050.00 25% $ 787.50 $ 3,937.50 Ucense,RSM Site MANM-SG8A 1 $ 1,050.00 25% $ 787.50 $ 787.50 Ucense,RNM Site MANM-SG8C 1 $ 735.00 25% $ 551.25 $ 55125 License,R-UAS Site MANM-NSGBF 1 $ 1,000.00 25% $ 750.00 $ 750.00 SUB TOTAL $ 143,388.79 EDACS IP Gateway - 8 Port SUB TOTALS $ 98,413.25 Services PARTDESCRIPTION PART NUMBER UNIT LIST DISC. % '-UNITSALE i Installation Services & Shipping INSTALL / SHIP 1 $ 15,000.00 0% $ 15,000.00 $ 15,000.00 SUB TOTAL GRAND TOTAL NOTE: Price valid until September 30, 2011. Terms: Net 30 Days $ 15,000.00 $ 254,802.04 Confidential 7/13/2011 Page 1 -39- ,.,PARTMEMBER ' CInty. , UNITLIST i . DISC. % UNIT: -i - EXTSALE;' C Computer,IP Gateway,P25 MAMS-NDF2M 1 $ 30,000.00 25% $ 22500.00 $ 22,500.00 Ucense,EDACS IP Gateway Talkpath MSSG6E 8 $ 1,250.00 25% $ 937.50 $ 7,500.00 UCENSE,UPGD,MAX ProVoice SITES 1-5 SSSG5M 1 $ 4,875.0D 25% $ 3,656.25 $ 3,656.25 LICENSE,UPGD,CEC/IMC MAX SITE CHANNELS SSSGIR 8 $ 1255.00 25°h $ 941.25 $ 7,530.00 Monitor,17inth MSCU2X 1 $ 400.00 25% $ 300.00 $ 300.00 IOT,SYSTEM INTERFACE(GMIM) IP GTWY MSGMIM 1 $ 37,440.00 25% $ 28,080.00 $ 28,080.00 CABLE,DATA MSCD1Y 1 $ 81.00 25% $ 60.75 $ 80.75 Medule,GVIU,IP Gateway,P25 MAMS-NAA3D 2 $ 10,000.00 25% $ 7,500.00 $ 15,000.00 CABLE,CONTROL/AUDIO I/O MSCD5S 4 $ 70.00 25% $ 52.50 $ 210.00 Software,IP Gateway GVIU,P25 MAMS-NFWIZ 1 $ 1,375.00 25% $ 1,031.25 $ 1,031.25 Router,Cisco 2811 Bundle MSCU2P 1 $ 11,750.00 25% $ 8,812.50 $ 8,812.50 Switch,Cisco 2960 MANG-NCU3H _ 1 _ $ 2,310.00 25% $ 1,732.50 $ 1,732.50 SUB TOTALS $ 98,413.25 Services PARTDESCRIPTION PART NUMBER UNIT LIST DISC. % '-UNITSALE i Installation Services & Shipping INSTALL / SHIP 1 $ 15,000.00 0% $ 15,000.00 $ 15,000.00 SUB TOTAL GRAND TOTAL NOTE: Price valid until September 30, 2011. Terms: Net 30 Days $ 15,000.00 $ 254,802.04 Confidential 7/13/2011 Page 1 -39- DAILEY-WELLS COMMUNICATIONS 3440 E. Houston St. San Antonio, TX 78219 To: City of Corpus Christi, Don Nattinger From: CJ Hijazi (210) 3164335 Date: July 13, 2011 5 Channel P25 Site DitILEYANELLS': PART DESCRIPTION .PART"NUMBER Qnty. , `:.UNR UST ;'r DISC. %; , UNIT SALE EXT. SALE:...:: Site Interface Equipment,P25T MASTR V MASA-SVP25 1 $ 1,100.00 25% $ 825.00 $ 825.00 Cabinet,83 in,Exlra Deep SACAIT 1 $ 4,900.00 25% $ 3,675.00 $ 3,675.00 Fan,120VAC,Extra Deep Cabinet SAFAIH 1 $ 500.00 25% $ 375.00 $ 375.00 Router,Cisco 2811,AC Pwr wtAdv Sec MASA-NCU3N 1 $ 4,980.00 25% $ 3,735.00 $ 3,735.00 Module,Cisco VWIC2-1Mft-T1IE1 MASA-NCU3L 1 $ 2,275.00 25% $ 1,706.25 $ 1,706.25 Kt, Wu Hdwr,Cisco 2811 STd Cab Mill MASA-NMA6K 1 $ 35.00 25% $ 26.25 $ 26.25 Kit,Mtgq Hdwr,Cisco 2811 Deep Cab Mill MASA-NMA6J 1 $ 35.00 25% $ 26.25 $ 26.25 6witch,Cisco 2960,48 Port MASA-NCU4Z 1 $ 3,400.00 25% $ 2,550.00 $ 2,550.00 SlteLink,MASTR V MASA-NMD6X 1 $ 18,375.00 25% $ 13,781.25 $ 13,781.25 Oscillator,IOMHz Ref,1201230VAC,6 Port MASA-NMD6G 1 $ 4,950.00 25% $ 3,712.50 $ 3,712.50 Contmller,P25 MME Data,Site 1,Ch 1-8 SAMD6L 1 § 60,000.00 25% $ 45000.00 $ 45,000.00 Power Supply,120VAC,60Hz,12/24VDC SAPS9T 1 $ 935.00 25% $ 701.25 $ 701.25 Outlet Strip,120VAC SACNIZ 2 $ 160.00 25% $ 120.00 $ 240.00 KIt,Netwerk Sentry Control/Data SAMDSJ 1 $ 21,000.00 25% $ 15,750.00 $ 15,750.00 Panel,P25 Site Interface Panel SACN7H 1 $ 840.00 25% $ 630.00 $ 630.00 IOt,Cable,Ethemet,5ft MASA-NCL7D 1 $ 55.00 25% $ 41.25 $ 41.25 Station,MASTR V,P25T,700MHz MASV-700M1 1 $ 19,500.00 25% $ 14,825.00 $ 14625.00 Power Amplifier,Linear,700 MHz MASV-NAWSF 1 $ 3,500.00 25% $ 2,625.00 $ 2,625.00 Power Supply,110.240V,AC,MASTR V MASV-NPS2P 1 $ 1,500.00 25% $ 1,125.00 $ 1,125.00 SheI,HPAIPS,Multichannei,MASTR V MASV-NRBIX 1 $ 2,200.00 25% $ 1,650.00 $ 1,650.00 She8,14-SIot,Mulfchannel,v.Sltitch MASV-NRBIV 1 $ 4,800.00 25% $ 3,600.00 $ 3,600.00 Processor,Baseband,Module,MASTR V MASV-NPM1A 1 $ 3,200.00 25% $ 2,400.00 $ 2,400.00 Ground Strap,MASTR V 14 -Slot Chassis MASV-NMA6S 1 $ 85.00 25% $ 63.75 $ 63.75 Fan Tray,Cabinet 1,MASTR V MASV-NZNBS 1 $ 395.00 25% $ 296.25 $ 296.25 Panel,XConnect,Simulcast,MASTR V MASV-NZN8V 1 $ 950.00 25% $ 712.50 $ 712.50 Kit,Cabte,Ch # 1,2,9,40,17,18,MASTR V MASV-NCL9A 1 $ 325.00 25% $ 243.75 $ 243.75 Panel,Blank Module,MASTR V MASV-N2N8R 10 $ 75.00 25% $ 56.25 $ 562.50 Power Strip,110VAC,2X20ABrkr,2-CbI,6Pos MASV-NCN7R 2 $ 225.00 25% $ 168.75 $ 337.50 Outlet Strip,110 VAC,UL Recognized MASV-NCN12 1 $ 160.00 25% $ 120.00 $ 120.00 Station,MASTR V,P25T,700MHz MASV-700M1 1 $ 18,500.00 25% $ 14,625.00 $ 14,625.00 Power Amplifier,Linear,700 MHz MASV-NAWSF 1 $ 3,500.00 25% $ 2,625.00 $ 2,625.00 Power Suppiy,110-240V,AC,MASTRV MASV-NPS2P 1 $ 1,500.00 25% $ 1,125.00 $ 1,125.00 Shef,HPA/PS,Mulgchannel,MASTR V MASV-NRBIX 1 $ 2,200.00 25% $ 1,650.00 $ 1,650.00 Kit,Cable,Ch # 1,2,9,10,17,18,MASTR V MASV-NCL9A 1 $ 325.00 25% $ 243.75 $ 243.75 Panel,Blank Module,MASTR V MASV-NZNBR 10 $ 75.00 25% $ 56.25 $ 562.50 Station,MASTR V,P25T,700MHz MASV-700M1 1 $ 19,500.00 25% $ 14,825.00 $ 14,625.00 Power Amplifier,Linear,700 MHz MASV-NAWSF 1 $ 3,500.00 25% $ 2,625.00 $ 2,625.00 Power Supply,110-240V,AC,MASTRV MASV-NPS2P 1 $ 1,500.0D 25% $ 1,125.00 $ 1,125.00 Shelf,HPAIPS,Multichannel,MASTR V MASV-NRBIX 1 $ 2,200.00 25% $ 1,650.00 $ 1,650.00 Processor,Baseband,Module,MASTR V MASV-NPMIA 1 $ 3,200.00 25% $ 2,400.00 $ 2,400.00 Kit,Cabie,Ch# 3,4,11,12,19,20,MASTRV MASV-NCL9B 1 $ 325.00 25% $ 243.75 $ 243.75 Panel,Blank Module,MASTR V MASV-N2N8R 10 $ 75.00 25% $ 56.25 $ 562.50 StaHon,MASTR V,P25T,700MHz MASV-700M1 1 $ 19,500.00 25% $ 14,625.00 $ 14,625.00 Power Amplifier,Linear,700 MHz MASV-NAWSF 1 $ 3,500.00 25% $ 2,625.00 $ 2,625.00 Power Suppiy,110.240V,AC,MASTR V MASV-NPS2P 1 $ 1,500.00 25% $ 1,125.00 $ 1,125.00 Shelf,HPAIPS,Multichannel,MASTR V MASV-NRBIX 1 $ 2,200.00 25% $ 1,650.00 $ 1,650.00 iGt,Cable,Ch # 3,4,11,12,19,20,MASTR V MASV-NCL9B 1 $ 325.00 25% $ 243.75 $ 243.75 Panel,Blank Module,MASTR V MASV-N2N8R 10 $ 75.00 25% $ 56.25 $ 562.50 Station,MASTR V,P25T,7DDMHz MASV-700M1 1 $ 19,500.00 25% $ 14,625.00 $ 14,625.00 Power Amplifier,Linear,700 MHz MASV-NAW5F 1 $ 3,500.00 25% $ 2,625.00 $ 2,625.00 Power Supply,110.240VAC,MASTR V MASV-NPS2P 1 $ 1,500.00 25% $ 1,125.00 $ 1,125.00 Shelf,HPA/PS,Muhichannel,MASTR V MASV-NRBIX 1 $ 2,200.00 25% $ 1,650.00 $ 1,650.00 Shelf,14Slot,Multichannel,w/Switch. MASV-NRB1V 1 $ 4,800.00 25% $ 3,600.00 $ 3,600.00 Processor,Baseband,Module,MASTR V MASV-NPMIA 1 $ 3,200.00 25% $ 2,400.00 $ 2,400.00 Ground Strap,MASTR V 14 -Slot Chassis MASV-NMA6S 1 $ 85.00 25% $ 63.75 $ 63.75 Kit,Cable,Ch# 5,6,13,14,21,22,MASTR V MASV-NCL9C 1 $ 325.00 25% $ 243.75 $ 243.75 Panel,Blank Module,MASTR V MASV-NZNBR 10 $ 75.00 25% $ 56.25 $ 562.50 Confidential 7/13/2011 -40-- SUB TOTAL $ 212,925.00 Page 1 Antenna PART DESCMPUON ` .. PART NUMBER 'Qnty. UNIT LIST - DISC, % UNIT SALE; EXT, SALE Combiner,5Ch,83 in Cab,700MHz OB-ES1D000050ZC 1 $ 12,545.00 10% $ 11,290.50 $ 11 290.50 Paver Sensor,403-1000MHz SCAN1W 1 $ 530.00 10% $ 477.00 $ 477.00 Cabie,RF 6ensor,30ft SCCF7X 1 $ 115.00 10% $ 103.50 $ 103.50 Tape,Vapor-Wrap,3 in,50 ft Roll XE -014893-001 1 $ 30.00 10% $ 27.00 $ 27.00 Antenna, Omni,lOdB Gain AN -016804-001 2 $ 1,875.00 10% $ 1,687.50 $ 3,375.00 l@,Mtenna Side Mount,ASPR614 7699 1 $ 500.00 10% $ 450.00 $ 450.00 Amplifier,TOwert0p, MHz ATSBTMAIB 1 $ 3,060.00 10% $ 2,754.00 $ 2,754.00 Cable,6ft,NM/NM,Jumper For 1/2in CA -014840-001 3 $ 105.00 10% $ 94.50 $ 283.50 Connector,N Female,l 5/8 Coax CN -015476-001 2 $ 160.00 10% $ 144.00 $ 288.00 Klt,Grcunding,W Gnd Lug,For 1 5/8 in Ca KT -014864-001 4 $ 35.00 10% $ 31.50 $ 126.00 Cable,Coada1,15/Bin,Low Loss Foam CA -015471-001 350 $ 7.00 10% $ 6.30 $ 2205.00 Kit,Coax Hoisting Grip,1 5/8 in KT -014844-001 2 $ 55.00 10% $ 49.50 $ 99.00 IGLHanger,1 5/8 in Cable Oty 10 KT -014872-001 10 $ 40.00 10% $ 36.00 $ 360.00 1@,Mgle Adapter,Qty 10 KT -014889-001 10 $ 85.00 10% $ 76.50 $- 765.00 KIt,Feedthru Boot,1-5/8 in KT -014846.001 1 $ 25.00 10% $ 22.5D $ 22.50 Connector,N Female,Far 7/8in Coax CN -014878-001 2 $ 40.00 10% $ 36.00 $ 72.00 Grounding Kd,For CelMex Cable KT -015520.001 4 $ 45.00 10% $ 40.50 $ 162.00 Cable,Coewal,7/8in,Low Loss Foam CA -015474-001 350 $ 3.25 10% $ 2.93 $ 1,023.75 Klt,Hoisting Grip,7/8 in Cable KT -014859-O01 2 $ 30.00 - 10% $ 27.00 $ 54.00 IGt,Hanger,7/8 In Cable,Qty 10 KT -014873-0D1 10 $ 40.00 10% $ 36.00 $ 360.00 Kt,Angle Adapter,Qty 10 KT -014869-001 10 $ 85.00 10% $ 76.50 $ 765.00 IGLFeedthru Boot,7/8 in KT -014845-001 1 $ 30.00 10% $ 27.00 $ 27.00 Cable,Coardal,1/2in Superflex CA -015466-001 100 $ 235 10% $ 2.48 $ 247.50 Connector,NMale,1/tin Coax CN -015463-001 6 $ 40.00 10% $ 36.00 $ 216.00 Connector,N Femaie,1/2in Coax CN -015464-001 2 $ 45.00 10% $ 40.50 $ 81.00 Rlter,NMale,Flange Mt,750W FL -014812 1 $ 240.00 10% $ 216.00 $ 216.00 Flfter,Pickor,15VDC,N Male PCIS-DC50LNZ-15-MA 1 $ 200.00 10% $ 180.00 $ 180.00 MulOcoupler,8Ch,DC DBCNRXBAN 1 $ 4,620.00 10% $ 4,158.00 $ 4,158.00 SUB TOTAL $ 30,18825 Services PAW DESCRIPTION rPARTNUMBER. Ditty. - UNIT UST DISC,% .UNIT SALE. ;. EXT, SALE 1. Installation Services & Shipping INSTALL / SHIP 1 $ 42,000.00 0% $ 42,000.00 $ 42,000.00 Miss Install Materials MISCMAT 1 $ 5,000.00 0% $ 5,000.00 $ 6,000.00 SUBTOTAL $ 47,000.00 GRAND TOTAL NOTE: Price valid until September 30, 2011. Teens: Net 30 Days $ 290,113.25 Confidential 7/13/2011 Page 2 -41- DAILEY-WELLS COMMUNICATIONS 3440 E. Houston St. San Antonio, TX 78219 To: City of Corpus Christi, Don Nattinger From: CJ Hijazi (210) 316.8335 Date: July 13, 2011 P25 ISSI Gatewa 00141RIt/S �Ls Services PART;DESCRIPTION PART DESCRIPTION PART NUMBER Qnty. UNIT LIST ..DISC. % SALE EXT. SALE Server,ISSI Gateway MANM-ISGTW 1 $ 120,000.00 25% .UNIT $ 90,000.00 $ 90,000.00 License,ISSI Gateway Talkpath MANM-NSG9E 10 $ 2,500.00 10% $ 2,250.00 $ 22,500.00 License,ISSI External System Connection MANM-NSG9F 1 $ 50,000.00 10% $ 45,000.00 $ 45,000.00 SUB TOTAL $ 157,500.00 Services PART;DESCRIPTION PART-NUMBER Qnty. UNIT LIST- DISC. % UNIT SALE ,; EXT. SALE Installation Services & Shipping INSTALL / SHIP 1 $ 22,000.00 0% $ 22,000.00 $ 22,000.00 SUB TOTAL $ 22,000.00 GRAND TOTAL NOTE: Price valid until September 30, 2011. Terms: Net 30 Days Confidential 7/13/2011 $ 179,500.00 Page 1 N 7 oftrisW City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of 08/23/2011 DATE: August 3, 2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of Police price J�j�-� Troyr(a�cctexas.com (J / 886-2603 Purchase of radio equipment under the Buffer Zone Protection Grant PURPOSE: Motion approving the purchase of radio equipment to provide interoperable communications for the Corpus Christi Police Department and regional users, from Dailey & Wells Communications, San Antonio, Texas based on sole source for a total expenditure of $363,245.50. Funds are available through the Buffer Zone Protection Program Grant (BZPP). BACKGROUND AND FINDINGS: The City of Corpus Christi manages the large 800 MHz radio system that provides communications to all Public Safety and Public Works Departments within the City of Corpus Christi and Nueces County. The Texas Governor's office has issued a mandate to install a state- wide 700 MHz radio system to provide interoperability with all existing radio systems throughout the State of Texas. This project will fund the installation of the second 700 MHz radio site in the Corpus Christi area. This will be the last local 700 MHz site required under the State mandate and will provide 100% redundancy for all 700 MHz radio users in the area. The project also funds an expansion of the existing radio control switch to allow connection of outside agency (i.e. FBI, DEA, Coast Guard, Texas DPS, etc.) into the main radio system so that all first responders can communicate with each other through the Corpus Christi radio system. Additionally, the project includes the installation of mobile radios in vehicles used by the Corpus Christi Police Department's Criminal Investigation Division officers ALTERNATIVES: None OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable X Operating Expense ❑ Revenue o CIP FISCAL YEAR: 2011 - 2012 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 570,000.00 0 570,000.00 Encumbered / Expended Amt. as of July 12, 2012 0 —45-0 0 This item 0 363,245.50 0 363,245.50 BALANCE 0 206,754.50 0 206,754.50 FUND(S): Police Grants Comments: City Council accepted grant award and appropriated funds on 7/12/2011. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for approval of purchases of $50,000. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Purchasing Federal Grants UST OF SUPPORTING DOCUMENTS: Cc: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Iterim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —46— DAILEY-WELLS COMMUNICATIONS 3440 E. Houston St. San Antonio, TX 78219 To: City of Corpus Christi, Don Nattinger From: Edward Martinez (361) 548-5660 Date: July 13, 2011 NSC Expansion Licenses and Hardware DAIEXS LL$- PART DESCRIPTION PART'NUMBER Only. r UNIT LIST : ' DISC- % ' „UNIT SALE. EXT. SALE .. Modute,CIsco WIC-1DSU-T1-V2 CM -027501-304 1 1,255.00 25% $ 941.25 $ 941.25 License,RSM Site SSSGBA 1 $ 1,000.00 25% $ 750.00 $ 750.00 Ucense,RNM Site SSSG8C 1 $ 700.00 25% $ 525.00 $ 525.00 Ucense,R-UAS Site SSSG8F 1 $ 1,000.00 25% $ 750.00 $ 750.00 Ucense,Std NSS,P25 Voice Site (1-25) 855089 1 $ 1,575.00 25% $ 1,181.25 $ 1,181.25 License,Std NSS,P25 Voice Talkpath (1-12 593070 5 $ 1,050.00 25% $ 787.50 $ 3,937.50 SUB TOTAL $ 8,085.0 V 5 Channel P25 Site PART DESCRIPTION . ' .. PART NUMBER S : Only. ..-UNIT LIST - DISC. % . UNIT SALE. EXT. SALE: = Site Interface Equipment,P25T MASTR V MASA-SVP25 1 $ 1,100.00 25% $ 825.00 $ 825.00 Rack,Open,86 in(Xtra Dp) with support MASA-NMRI11 1 $ 2,950.00 25% $ Z212.50 $ 2,212.50 Router,Cisco2811,AC Power MASA-NCU3M 1 $ 8,000.00 25% $ 6,000.00 $ 6,000.00 Module,Cisco VWIC2-1Mtt-T1IE1 MASA-NCU3L 1 $ 2,275.00 25% $ 1,706.25 $ 1,706.25 IOt,Mtg Hdwr,Cisco 2811 Deep Cab Mill MASA-NMA6J 1 $ 115.00 25% $ 86.25 $ 86.25 Swftch,Cisco 2960,48 Port MASA-NCU4Z 1 $ 4,500.00 25% $ 3,375.00 $ 3,375.00 SlteUnk,MASTRV MASA-NMD6X 1 $ 18,375.00 25% $ 13,781.25 $ 13,781.25 Power Supply,120VAC,6014z,12/24VDC SAPS9T 1 $ 935.00 25% $ 701.25 $ 701.25 Kit, Network Sentry Control/Data SAMDBJ 1 $ 21,000.00 25% $ 15,750.00 $ 15,750.00 Krt,Cable,Ethemet,SR MASA-NCL7D 1 $ 55.00 25% $ 41.25 $ 41.25 Station,MASTR V,P25T,700MHz MASV-700M1 1 $ 19,500.00 25% $ 14,625.00 $ 14,625.00 Power Amplifer,Unear,700 MHz MASV-NAW5F 1 $ 8,000.00 25% $ 6,000.00 $ 6,000.00 Power Supply,110-240V,AC,MASTR V MASV-NPS2P 1 $ 1,800.00 25% $ 1,350.00 $ 1,350.00 Shelf,HPA/PS,Multichannel,MASTR V MASV-NRBIX 1 $ 2,200.00 25% $ 1,650.00 $ 1,650.00 Shelf,14SIot,Multichannelw/Sw4tch MASV-NRBN 1 $ 7,500.00 25% $ 5,625.00 $ 5,625.00 Processor,Baseband,Module,MASTR V MASV-NPMIA 1 $ 3,200.00 25% $ Z400.00 $ 2,400.00 Cahles,Baseband to Cross -connect Panel MASV-NCL9K 1 $ 375.00 25% $ 281.25 $ 281.25 Ground Strap,MASTR V 14 -Slot Chassis MASV-NMA6S 1 $ 85.00 25% $ 63.75 $ 63.75 Fan Tray,Cabinet 1,MASTR V MASV-NZN8S 1 $ 500.00 25% $ 375.00 $ 375.00 Kit,Cable,Ch # 1,2,9,10,17,18,MASTR V MASV-NCL9A 1 $ 325.00 25% $ 243.75 $ 243.75 Grounding Shim,28RU MASV-NMA6Q 1 $ 85.00 25% $ 63.75 $ 63.75 Power Strip,110VAC,2X20A Brkr,2-Cbl,6Pos MASV-NCN7R 2 $ 400.00 25% $ 300.00 $ 600.00 Outlet Stdp,110 VAC,UL Recognized MASV-NCN1Z 1 $ 160.00 25% $ 120.00 $ 120.00 Ground Strap,Flexible,MABTR V HPA,8 in MASV-NMA6U 1 $ 60.00 25% $ 45.00 $ 45.00 Station,MASTR V,P25T,700MHz MASV-700M1 1 $ 19,500.00 25% $ 14,625.00 $ 14,625.00 Power Ampii'er,Unear,700 MHz MASV-NAW5F 1 $ 8,000.00 25% $ 6,000.00 $ 6,000.00 Power Supply,110-240V,AC,MASTR V MASV-NPS2P 1 $ 1,800.00 25% $ 1,350.00 $ 1,350.00 SheIf,HPAIPS,Muhichannel,MASTR V MASV-NRB1X 1 $ 2,200.00 25% $ 1,650.00 $ 1,650.00 KIt,Cabte,Ch# 1,2,9,10,17,1B,MASTR V MASV-NCL9A 1 $ 325.00 25% $ 243.75 $ 243.75 Ground Strap,Flexible,MASTR V HPA,5 in MASV-NMABT 1 $ 50.00 25% $ 37.50 $ 37.50 Station,MASTR V,P25T,700MHz MASV-700M1 1 $ 19,500.00 25% $ 14,625.00 $ 14,625.00 Power Ampiifer,Unear,700 MHz MASV-NAW5F 1 $ 8,000.00 25% $ 6,000.00 $ 6,000.00 Power Suppiy,110-240V,AC,MASTR V MASV-NPS2P 1 $ 1,800.00 25% $ 1,350.00 $ 1,350.00 Shelf,HPA/PS,Muttichannel,MASTR V MASV-NRB1X 1 $ 2,200.00 25% $ 1,650.00 $ 1,650.00 Processor,Baseband,Module,MASTR V MASV-NPM1A 1 $ 3,200.00 25% $ Z400.00 $ 2,400.00 Ground Strap,MASTR V HPA/PS Shelf MASV-NMA6R 1 $ 85.00 25% $ 63.75 $ 63.75 Kit,Cable,Ch # 3,4,11,12,19,20,MASTR V MASV-NCL9B 1 $ 325.00 25% $ 243.75 $ 243.75 Station,MASTR V,P25T,700MHz MASV-700M1 1 $ 19,500.00 25% $ 14,625.00 $ 14,625.00 Power Amplfer,Unear,700 MHz MASV-NAW5F 1 $ 8,000.00 25% $ 6,000.00 $ 6,000.00 Power Suppty,110-240V,AC,MASTR V MASV-NPS2P 1 $ 1,800.00 25% $ 1,350.00 $ 1,350.00 SheIf,HPAIPS,Mulgchannel,MASTR V MASV-NRBIX 1 $ 2,200.00 25% $ 1,650.00 $ 1,650.00 Ground Strap,MASTR V HPA/PS Shelf MASV-NMA6R 1 $ 85.00 25% $ 63.75 $ 63.75 Kit,Cable,Ch # 3,4,11,12,19,20,MASTR V MASV-NCL9B 1 $ 325.00 25% $ 243.75 $ 243.75 Station,MASTR V,P25T,700MHz MASV-700M1 1 $ 19,500.00 25% $ 14,625,00 $ 14,625.00 Power Ampiifer,Unear,700 MHz MASV-NAW5F 1 $ 8,000.00 25% $ 6,000.00 $ 6,000.00 Power Supply,110-240V,AC,MASTR V MASV-NPS2P 1 $ 1,800.00 25% $ 1,350.00 $ 1150.00 Shelf,HPPJPS,Muhichannel,MASTR V MASV-NRB1X 1 $ 2,200.00 25% $ 1,650.00 $ 1,650.00 Shelf,14SIot,Multichannetw/Switch MASV-NRB1V 1 $ 7,500.00 25% $ 5,625.00 $ 5,625.00 Processor,Baseband,Module,MASTR V MASV-NPMIA 1 $ 3,200.00 25% $ Z400.00 $ 2,400.00 Cables,Baseband to Cross -connect Panel MASV-NCL9K 1 $ 375.00 25% $ 281.25 $ 281.25 Ground Strap,MASTR V HPA/PS Shelf MASV-NMA6R 1 $ 85.00 25% $ 63.75 $ 63.75 Ground Strap,MASTR V 14 -Slot Chassis MASV-NMA6S 1 $ 85.00 25% $ 63.75 $ 63.75 Iit,Cable,Ch# 5,6,13,14,21,22,MASTR V MASV-NCL9C 1 $ 325.00 25% $ 243.75 $ 243.75 Panel,Slank Module,MASTR V MASV-NZN8R 10 $ 210.00 25% $ 157.50 $ 1,575.00 Confidential 7/13/2011 -47- SUB TOTAL $ 185,970.00 Page 1 Airtonna PARTDESCRIPi1ON '.-, PART NUMBER Canty.- UNIT LIST _ DISC. % UNIT SALE -' EXT. SALE -"l Rack,Open,86 in SXMRID 1 $ 1,800.00 10% $ 1,620.00 $ 1,620.00 Pater Sensor,403-1000MHz SCANIW 1 _ $ 530.00 10% $ 477.00 $ 477.00 Cable,RF Sensor,308 SCCF7X 1 $ 115.00 10% § 103.50 $ 103.50 Tape,Vapor-Wrap,3 in,50 ft Roll XE -014893-001 1 $ 30.00 10% § 27.00 $ 27.00 Antenna,806A69MHz Omni,lOdB Gain AN -016804-001 2 $ 1,875.00 1O% $ 1,667.50 $ 3,375.00 IGt,Antenna Side Mount,ASPR614 7699 1 $ 500.00 10% $ 450.00 $ 450.00 Amplifer,Tavanop,700MHz ATSBTMAIB-R 1 $ 4,170.00 10% $ 3,753.00 $ 3,753.00 Cable,Btt.NMINM,Jumper For 1/2in CA -014840-001 3 $ 105.0D 10% $ 94.50 $ 283.50 Connectar,N Female,1 5/8 Coax CN -015476-001 2 $ 160.00 10% $ 144.00 $ 288.00 IGt,Grounding,W Gnd Lug,For 1 5/8 in Ca KT -014864-001 4 $ 35.00 10% $ 31.50 $ 126.00 Cable,Coada1,15/Bin,Low Loss Foam CA -015471-001 400 $ 7.00 10% $ 6.30 $ 2,520.00 IGt,Coax Hoisting Gdp,1 5/8 in KT -014844-001 2 $ 55.0D 10% $ 49.50 $ - 99.00 Ke,Snap-in Hangr,1-5/8Cx,OtylO KT -014850-D01 12 $ 45.00 10% $ 40.50 $ 486.00 Kit,Feedtou Boot,1-5/8 In KT -014846-001 1 $ 25.00 10% $ 22.50 $ 22.50 Connector,N Female,For 7/Bin Coax CN -014878-001 2 $ 40.00 10% $ 36.00 $ 72.00 Krt,Grounding,CellFlex 7/8in 60in KT -015520-001 4 $ 45.00 10% $ 40.50 $ 162,00 Cabte,Coaxial,7/8in,Low Loss Foam 04015474-001 400 $ 3.25 10% $ 2.93 $ 1,170.00 Kit,Hoisting Grip,7/8 in Cable KT -014859-001 2 $ 30.00 10% $ 27.00 $ 54.0D KB,Snap in Hanger,For7/8 in Ca,Qty 10 KT -014868-001 12 $ 40.00 10% $ 36.00 $ 432,00 IGt,Feedthru Boot,7/8 in KT -014845-001 1 $ 30.00 10% $ 27.00 $ 27.00 Cable,Coaxial,1/2in Superflex CA -015466-001 160 $ 2.75 10% $ 2.48 $ 396.00 Cannector,N MaIe,1/2in Coax CN -015463-001 6 $ 40:00 10% $ 36.00 $ 216.00 Connector,N Female,l/tin Coax CN -045464-001 2 $ 45.00 10% $ 40.50 $ 81.00 Ffler,800-900MHz,N Male,Flange Mt,750W FL -014812 1 $ 240.00 10% $ 216.00 $ 216.00 Combiner, 700 MHz DB13062M5-B 1 $ 12,840.00 10% $ 11,556.00 $ 11,556.00 Multicaupler,700MHz,8Ch,w/PDU DBSMCP108C21 1 $ 5,040.00 10% $ 4,536.00 $ 4,536.00 Load,50 Ohm,lWatt,BNC DB -8922 4 $ 10.00 10% $ 9.00 $ 38.00 Cennector,BNC-M,1/4in Coax,Shdnk Sleeve CN -015462-001 4 $ 85.00 10% $ 76.50 $ 306.00 Connector,N Male,Right Angle CN -014876-001 4 $ 45.00 10% $ 40.50 $ 162.00 Connector,N Male,1/2in Coax CN -015463-001 4 $ 40.00 10% $ 36.00 $ 144.00 Cable,Comdal,1/4in Celtilex CA -015465-001 60 $ 1.95 10% $ 1.76 $ 105.30 Filter,Pickor,15VDC,N Male PCIS-DC5OLNZ-15-MA 2 $ 200.00 10% $ 180.00 $ 360.00 Kit,Grounding,W Gnd Lug,For 1/2 in Cable KT -014863-001 4 $ 30.00 10% $ 27.00 $ 108.00 Kit,Hcisting Gdp,1/2 in Cable KT -014874.001 2 $ 30.00 10% $ 27.00 $ 54.00 IOt,Snap in Hanger,For 1/2 in Ca,Qty 10 KT -014865-001 24 $ 40.00 10% $ 36.00 $ 864.00 IGt,Angle Adapter,Oty 10 KT -014869-001 24 $ 85.00 10% $ 76.50 $ 1,836.00 FGt,Feedthru,1/2 in Cable AW40656A-3 1 $ 55.06 10% $ 49.50 $ 49.50 Cable,Coaxial,1/21n,Low Loss Foam CA -015468-001 400 $ 10.00 10% $ 9.00 $ 3,600.00 Cannector,N Male,1/2in Coax,Rapld Fit CI1-015467.001 2 $ 40.00 10% $ 36.00 $ 72.00 Cable,Coaxial,1/4in Cellflex CA -015465-001 40 $ 1.95 10% $ 1.76 $ 70.20 SUB TOTAL $ 40,315.50 Services PART DESCRIPTION Installation Services & Shipping PART NUMBER INSTALL / SHIP Only. UNIT LIST DISC. % UNIT SALE 1 $ 65,000.00 0% $ 65,000.00 $ 65,000.00 SUB TOTAL GRAND TOTAL NOTE: Price valid until September 30, 2011. Terms: Net 30 Days $ 65,000.00 $ 299,370.50 Confidential 7/13/2011 Page 2 -48- DAILEY-WELLS COMMUNICATIONS 3440 E. Houston St. San Antonio, TX 78219 To: City of Corpus Christi, Don Nattinger From: Edward Martinez (361) 548-5660 Date: July 13, 2011 CI Interface Expansion tlIS' its PART. DESCRIPTION ` PART NUMBER Qnty. UNIT LIST DISC, % ' UNIT SALE' EXT. SALE Kit,Conv Add On,W28 Tb,4Ch Fr 5-32Ch(CI) MSCI03 3 $ 6,800.00 25% $ 5,100.00 $ 15,300.00 Module,Audio Interface Card (AIC),UAC MAMS-NAA3F 3 $ 12,250.00 25% $ 9,187.50 $ 27,562.50 Cable, Audio MSCDIX 6 $ 80.00 25% $ 60.00 $ 360.00 Cable, Backplane (short) MSCE7R 6 $ 40.00 25% $ 30.00 $ 180.00 Module, Audio CrossConnect MSAAIK 6 $ 510.00 25% $ 382.50 $ 2,295.00 Installation & Testing INSTALL 3 $ 1,267.50 0% $ 1,267.50 $ 3,802.50 Note: We will have to exchange the UAC Card for the same type of Audio card currently installed in the VMIM. TOTAL $ 49,500.00 NOTE: Price valid until September 30, 2011. Terms: Net 30 Days Confidential 7/13/2011 Page 1 rn v DAILEY-WELLS COMMUNICATIONS 3440 E. Houston St., San Antonio, TX 78219 To: Don Nattinger For: Corpus Christi PD Phone: 361-815-0515 Date: July 13,2011 Portable Radio accessories and ins ` 4 .5' Edward Martinez 361-548-5660 Cell 210493.6702 Fax emarti nez(c�dwcom m.com 1MAH2V a CHARGER,VC4000 NIMHILi-lon CHARGER 50 i $ 150.00 ;- 25% 4l':c= $ 112.50 $ 5,625.00 4 Ak^� 2 GLMT-SB-7-800 Glass mount antenna 00-800 z, 3dbD comp ete wit cable,TNC connector 50 $ 50.00 0% $ 50.00 $ 2,500.00 3 DWC-LABOR INSTALLATION 50 $ 125.00 0% $ 125.00 $ �� mm6�,250.00 If t O LO Terms: Net 30 Days Shipping: Pre -Pay and add to the invoice. Price valid until September 30, 2011. Dailey -Wells Communications Confidential 7/13/2011 Page 1 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 10, 2011 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, M.P.H., Director of Public Health 70- Annetter@cctexas.com 361-826-7205 Hospital Preparedness Program (HPP) Activities grant FY 11-12 Approval of grant award and appropriation of funds PURPOSE: Item A: RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF$34,298 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR SUPPLIES, EQUIPMENT, AND TRAVEL EXPENSES TO FUND A HOSPITAL PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN JULY 1, 2011. Item B: ORDINANCE APPROPRIATING A GRANT OF $34,298 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO FUND A HOSPITAL PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $34,298 to assist in maintaining a hospital preparedness program related to a plan for responding to public health emergencies through the Laboratory Response Network beginning July 1, 2011 through June 30, 2012 to fund the purchase of training supplies, equipment, and travel expenses to support the preparedness activities in sentinel and associated laboratories to enable expedient and appropriate responses to events of public health consequences whether pandemic, natural or man-made disasters. ALTERNATIVES: Discontinue Hospital Preparedness Program activities; thus causing a delay in response to events of public health consequences whether pandemic, natural or man-made disasters. OTHER CONSIDERATIONS: None -53- FINANCIAL IMPACT: (Fill out chart — instructions below) o Not Applicable X Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount This item $34,298 $34,298 BALANCE $34,298 $34,298 FUND(S): Grant Comments: No fiscal impact to General Fund. Grant award of $34,298. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: One reading -grant contract begins July 1, 2011 DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. 2011-038404 Resolution / Ordinance Cc: Elizabeth Hundley, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —54— A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $34,298 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR SUPPLIES, EQUIPMENT, AND TRAVEL EXPENSES TO FUND A HOSPITAL PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN JULY 1,2011. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $34,298 from the Texas Department of State Health Services for supplies, equipment, and travel expenses to fund a Hospital Preparedness Program relating to a plan for responding to an act of terrorism and to execute all related documents. Furthermore, the City Council ratifies acceptance of the grant agreement to begin July 1, 2011. ATTEST: Armando Chapa City Secretary APPROVED: July 27, 2011 tit Eliz -th R. Hundley Ass tant City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHres292 HPP Funding FY1112 20110727 Page 1 of 2 -55- Corpus Christi, Texas day of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHres292 HPP Funding FY1112 20110727 Page 2 of 2 —56— AN ORDINANCE APPROPRIATING A GRANT OF $34,298 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO FUND A HOSPITAL PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $34,298 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to fund a Hospital Preparedness Program relating to a plan for responding to an act of terrorism. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED: July 27, 2011 Eliza • R. Hundley rid Assi - nt City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord338 HPP Funding FY1112 20110727 Page 1 of 2 -57- Corpus Christi, Texas day of , 2011 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, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHord338 HPP Funding FY1112 20110727 Page 2 of 2 -58- 9 f Co us Chnsti .:.titer AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 10, 2011 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361-826-7205 Laboratory Response Network (LRN) Laboratory Activities grant FY 11-12 Approval of grant award and appropriation of funds PURPOSE: Item A: RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF$166,825 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS, SUPPLIES, AND OTHER EXPENSES TO PROVIDEA PUBLIC HEALTH EMERGENCY PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN AUGUST 1, 2011. Item B: ORDINANCE APPROPRIATING A GRANT OF $166,825 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE A PUBLIC HEALTH EMERGENCY PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $166,825 to maintain the LRN laboratory activities within the Corpus Christi-Nueces County Public Health District beginning August 1, 2011, through July 31, 2012 for the purchase of supplies, equipment, travel expenses and personnel salary with fringe benefits to support the preparedness and response activities enabling expedient and appropriate response to events of public health consequences. ALTERNATIVES: Discontinue LRN laboratory activities; thus causing a delay in our expedient and appropriate response to public health consequences. OTHER CONSIDERATIONS: None —61— FINANCIAL IMPACT: (Fill out chart — instructions below) ❑ Not Applicable X Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount This item $166,825 $166,825 BALANCE 5166,825 5166,825 FUND(S) Grant Comments: No fiscal impact to General Fund. Grant award of $166,285 with 10% indirect in-kind match. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY/NON-EMERGENCY: One reading -grant contract begins August 1, 2011 DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces County Public Health District Legal Department Finance - Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Contract No. 2011-038575 Resolution / Ordinance Cc: Elizabeth Hundley, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager -62- A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $166,825 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS, SUPPLIES, AND OTHER EXPENSES TO PROVIDE A PUBLIC HEALTH EMERGENCY PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN AUGUST 1, 2011. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $166,825 from the Texas Department of State Health Services for personnel costs, supplies, and other expenses to provide a Public Health Emergency Preparedness Program relating to a plan for responding to an act of terrorism and to execute all related documents. Furthermore, the City Council ratifies acceptance of the grant agreement to begin August 1, 2011. ATTEST: Armando Chapa City Secretary APPROVED: July 27, 2011 h R. Hundley ' y Assi ant City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHres291 PHEP Funding FY1112 20110727 Page 1 of 2 -63- Corpus Christi, Texas day of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHres291 PHEP Funding FY1112 20110727 Page 2 of 2 —64— AN ORDINANCE APPROPRIATING A GRANT OF $166,825 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE A PUBLIC HEALTH EMERGENCY PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $166,825 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide a Public Health Emergency Preparedness Program relating to a plan for responding to an act of terrorism. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2011. ATTEST: Armando Chapa City Secretary APPROVED: July 27, 2011 Eliza ¢o h R. Hundley Assi t. t City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe-Adame Mayor EHord339 PHEP Funding FY1112 20110727 Page 1 of 2 -65- Corpus Christi, Texas day of , 2011 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, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHord339 PHEP Funding FY1112 20110727 Page 2 of 2 —66— 10 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 10, 2011 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, M.P.H., Director of Public Health Annetter@cctexas.com 361-826-7205 Infectious Disease Control Unit/FLU-LAB Activities grant FY 11-12 Approval of grant award and appropriation of funds PURPOSE: Item A: RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF$5,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR SUPPLIES TO FUND INFLUENZA TESTING AND TO EXECUTE ALL RELATED DOCUMENTS. Item B: ORDINANCE APPROPRIATING A GRANT OF $5,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE INFLUENZA TESTING; AND DECLARING AN EMERGENCY. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant in the amount of $5000 to identify and test select specimens for influenza viruses in the Corpus Christi-Nueces County Public Health District service area beginning September 1, 2011 through August 31, 2012 for the purchase of supplies for influenza testing. ALTERNATIVES: Discontinue testing select specimens for influenza viruses in Corpus Christi-Nueces County Public Health District service area. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: (Fill out chart — instructions below) —69— o Not Applicable X Operating Expense X Revenue ❑ CIP ' FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount This item $5,000 $5,000 BALANCE $5,000 $5,000 FUND(S): Grant Comments: No fiscal impact to General Fund. Grant award of $5,000. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: One reading -grant contract begins September 1, 2011 DEPARTMENTAL CLEARANCES: Corpus Christi-Nueces Co. Public Health District Legal Department Finance -Federal Grants and Office of Management and Budget LIST OF SUPPORTING DOCUMENTS: Contract No. 2012-038654 Resolution / Ordinance Cc: Elizabeth Hundley, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —70— A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $5,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR SUPPLIES TO FUND INFLUENZA TESTING AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $5,000 from the Texas Department of State Health Services for supplies to fund influenza testing and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 5, 2011 Eliza• h R. Hundley Ass' : nt City Attorney for the City Attorney Joe Adame Mayor EHres293 Flu Testing FY1112 20110805 Page 1 of 2 -71- Corpus Christi, Texas day of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHres293 Flu Testing FY1112 20110805 Page 2 of 2 —72— AN ORDINANCE APPROPRIATING A GRANT OF $5,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE INFLUENZA TESTING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $5,000 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide influenza testing. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2011. ATTEST: Armando Chapa City Secretary APPROVED: August 5, 2011 Elizab- h R. Hun• ey Assis rnt City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord340 Flu Testing FY1112 20110805 Page 1 of 2 -73- Corpus Christi, Texas day of , 2011 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, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHord340 Flu Testing FY1112 20110805 Page 2 of 2 -74- 11 City s Corpus Christi War AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 12, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director vim MichaelMoAcctexas. com 361-826-3464 Appropriation of Money and Award of Grant Money: Community Youth Development for Parks & Recreation Department (Bid Invitation No. BI -0134-11) PURPOSE: A. Motion authorizing the City Manager, or his designee, to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $320,201.50 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Collaborative Committee for Fiscal Year 2011 - 2012, Contract Period September 1, 2011 through August 31, 2012. B. Ordinance appropriating $320,201.50 from the Texas Department of Family and Protective Services in the NO. 1060 Community Youth Development Fund to fund the Community Youth Development Program in the 78415 Zip Code for Fiscal Year 2011-2012 contract period September 1, 2011 -August 31, 2012 and declaring an emergency C. Motion authorizing the City Manager, or his designee, to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $65,000.00 to provide services for youth ages 10 to 17 in the 78415 Zip Code. D. Motion authorizing the City Manager, or his designee, to execute a subcontract with SERCO of Texas in the amount of $85,000.00 to provide services for youth ages 10 to 17 in the 78415 Zip Code. BACKGROUND AND FINDINGS: On August 31, 2010, the City entered into a new contract, M2010-198, with the Texas Department of Family and Protective Services (DFPS) for youth services in the 78415 zip code'from September 1, 2010 —August 31, 2011 with the option to renew the contract on an annual basis for a total contract term not to exceed 54 months. The City of Corpus Christi has been allocated $320,201.50 in program funds for Fiscal Year 2011 — 2012, Contract Period September 1,2011 through August 31, 2012, to be used in the 78415 Zip Code area. This is a decrease by 35.79% from the previous year due to state funding cuts. While the City manages the contract with the State, local organizations are subcontracted to provide youth services directly. The City's Purchasing Department released a Request for Proposals (Bid Invitation No. BI -0134-11) for youth services including but not limited to Youth Leadership Development, Youth Advisory Committee, Mentoring and Recreation. On July 28, 2011, the CYD Collaborative Committee reviewed 11 proposals and voted to award four subcontracts for services for —77— Page 2 of 3 FY 2012. As two of the four contracts are over $50,000 they must be approved by City Council prior to execution. Summary of all awardees: SERCO of Texas ($85,000) - This agency will be offering (3) separate programs including Youth Mentoring for elementary and middle school youth, Youth Advisory Committee for High School youth and Career Exploration for middle and high school youth. Communities In Schools ($65,000) - Utilizes (2) case managers that are housed in South Park Middle School and Gloria Hicks Elementary. Youth are given the opportunity to interact with the case managers directly for support, guidance counseling, academic enhancement and other programs especially geared for their needs. Boys & Girls Club ($42,000) - An after-school and summer program, which provides tutoring, sports programs and leadership skills education. Youth Odyssey ($28,000) - An Outdoor Adventure Challenge program that promotes the development of social skills and enhances self-confidence through outdoor activities that include a challenging ropes course, a weekend Adventure Challenge and a self -reflective graduation ceremony. ALTERNATIVES: Do not accept the funds from DFPS and suggest youth organizations find alternative funding for the programs funded by the grant. OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: o Not Applicable X Operating Expense X Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget $320,201.50 $320,201.50 Encumbered/Expended Amt. 0 This item $320,201.50 $320,201.50 Balance: RECOMMENDATION: Staff recommends City Council approve the motion to allow the City Manager to execute the contract with DFPS, appropriate funds, and award contracts to service providers. CONFORMITY TO CITY POLICY: City Council must approve the acceptance of and appropriate all grant funds, as well as, approve all contracts over $50,000. EMERGENCY / NON -EMERGENCY: Non -Emergency —78— DEPARTMENTAL CLEARANCES: Parks and Recreation Purchasing Department LIST OF SUPPORTING DOCUMENTS: Notice of Funding Award Letter Page 3 of 3 Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —79— COMMISSIONER Anne f feiligenstein July 13, 2011 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Angel Escobar City Manager City of Corpus Christi 606 N. Carancahua, Suite 105 Corpus Christi, TX 78401 RE: Contract Renewal Notice of Award — Fiscal Year 2012 Contract #23792861, Community Youth Development Program Dear Mr. Escobar: Contract renewals for Division of Prevention and Early Intervention (PEI) programs must be finalized by August 31, 2011. You may notice a substantial decrease in your current contract amount, this is due to the states current biennium budget. Your agency may develop a fiscal year 2012 budget for a reimbursable amount up to $320,201.50. Additional information will be forthcoming about how these funds may be utilized, including the process for pre -approval. For FY2012, the target for the average number of youths to be served monthly will be reduced to 300 and annual number of unduplicated youth to be served will be reduced to 1376, as reflected in your current Plan of Operation. Renewal forms and instructions are attached. All renewal forms that require signatures must be signed in blue ink by the contract's authorized signatory. If a board, judge, or other governing body must approve your renewal packet, please ensure that you have planned for this process within the available time and advise your contract manager of key dates. All renewal information is due no later than July 22, 2011. Please send renewal documents to my attention at the following address: DFPS/PEI 01 sending by regular mail) P. O. Box 149030, Mail Code Y-987 Austin, TX 78714-9030 OR (if sending by courier) DFPS/PEI 2401 Ridgepoint Drive, M/C Y987 Austin, TX 78754 2401 RtDGEPOINT DR. ♦ P.O. Box 149030, MC Y-987 a AusTW, T xAs78714-9030 • (512) 929-6954 -80- Mr. Escobar July 13, 2011 Page 2 of 2 Your partnership in expediting the renewal process is greatly appreciated. If you do not intend to renew your contract with DFPS, please contact me immediately so that we may initiate contract closure. Please contact me at 512/929-6954 if you have any questions regarding this letter or the enclosed documents. Sincerely Beth Bryars STAR Contract Manager Prevention and Early Intervention Documents sent by e-mail: Contract Renewal Checklist 2030 Budget and Budget Narrative Plan of Operations Addendum 2 —81— Page 1 of 2 ORDINANCE APPROPRIATING $320,201.50 FROM THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES IN THE NO. 1060 COMMUNITY YOUTH DEVELOPMENT FUND TO FUND THE COMMUNITY YOUTH DEVELOPMENT PROGRAM IN THE 78415 ZIP CODE FOR FISCAL YEAR 2011-2012 CONTRACT PERIOD SEPTEMBER 1, 2011 - AUGUST 31, 2012 AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $320,201.50 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund is appropriated to fund the Community Youth Development Program in the 78415 zip code for fiscal year 2011- 2012, contract period September 1, 2011 —August 31, 2012. 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 shall take effect upon first reading as an emergency this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form August 4, 2011 By: oo Lisa Aguil Assistant City Attorney For City Attorney ORD-Approp-CYD78415 2011-2012 Joe Adame Mayor —82— Page 2 of 2 Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott ORD-Approp-CYD78415 2011-2012 —83— 12 6ti City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of 08/23/11 DATE: August 5, 2011 TO: FROM: TOPIC: Ronald L. Olson, City Manager Eddie Ortega, Director of Neighborhood Services -4-) Eddieo@cctexas.com 361-826-3230 Acceptance of grant award, authorize execution of agreements, and appropriate funding for the "HOME 2010" Continuum of Care Grant (CoC) PURPOSE: A. A Resolution authorizing the City Manager or Designee to accept the "HOME 2010" Continuum of Care Grant from the U.S. Department of Housing and Urban Development for the Homeless Supporting Housing Program and to execute all documents and subrecipient agreements necessary to implement the program as follows: (1) $142,569 for Charlie's Place, (2) $160,255 for Corpus Christi Metro Ministries, (3) $142,720 for Goodwill Industries, (4) $122,673 for Nueces County Mental Health and Mental Retardation, (5) $309,536 for The Salvation Army, and (6) $134,971 for Wesley Community Center. B. An Ordinance appropriating a grant in the amount of $1,012,724 from the U.S. Department of Housing and Urban Development in No. 1071 Grant Fund for the "HOME 2010" Continuum of Care Homeless Supportive Housing Program. C. Motion ratifying the 2010 Continuum of Care ("COC") grant funding agreements with Corpus Christi Metro Ministries and Wesley Community Center to be effective April 1, 2011. BACKGROUND AND FINDINGS: As the Lead Agency of the Continuum of Care grant application, the City of Corpus Christi is responsible for the planning and coordinating of the Continuum of Care process. This includes coordinating meetings, adhering to certain timetables set forth by the grant application process, writing the grant narrative, ensuring that each submitted proposal meets the eligibility threshold and packaging/submitting the Continuum of Care grant application by its due date. As the Fiscal Agent of the Continuum of Care grant application, the City of Corpus Christi is the administrator of the grant, responsible for monitoring each subrecipient to ensure program compliance and all other responsibilities associated with grant administration. It is estimated that the economic impact of the award of $1,012,724 will be approximately $5 million which far exceeds the value of the grant itself. Each agency project must provide both a local match and additional leveraging funds in order to be considered for the award. The estimated $5 million is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies operating in the Continuum of Care offer additional leveraging of funds and other program related services in the fight against homelessness and chronic homelessness. The Homeless Issues Partnership (HP) Committee continues to support the City of Corpus Christi Lead Agency/Fiscal Agent position as an advisory capacity role. The long-lasting relationship and processes established and maintained by the HIP Committee and the City remains in place, thus allowing for a seamless and continuation of homeless services. —87— Of the total Continuum of Care award of $1,012,724, the City of Corpus Christi will receive 2.5% of 5% of the grant allocation for the grant administration. This equates to approximately $25,318. ALTERNATIVES: None OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable o Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount as of (DATE) 0 This item 0 $1,012,724 Contingent upon renewal of grant $1,012,724 BALANCE 0 $1,012,724 Contingent upon renewal of grant $1,012,724 Comments: The HOME 2010 Continuum of Care Grant is a renewal grant and future funding is contingent on the submission of the HOME 2011 Continuum of Care Grant in which a Notice of Funding Availability (NOFA) has not been published. Upon the pushed HOME 2011 NOFA, current projects will again be submitted to the U.S. Department of Housing and Urban Development for renewal funding of projects. RECOMMENDATION: Staff recommends the approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grants, authorize the execution of agreements, and appropriation of funding. EMERGENCY / NON -EMERGENCY: This item requires one reading and according to Article II, Section 14 of the City Charter is classified as an "emergency" because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget LIST OF SUPPORTING DOCUMENTS: List of Projects and Description Resolution Ordinance Cc: Oscar R. Martinez, Assistant City Manager Loyd E. Houlihan, Assistant Director of Management and Budget Constance P. Sanchez, Deputy Director of Financial Services Elizabeth Hundley, Assistant City Attorney -88- HOME 2010 Continuum of Care Project List Coastal Bend Alcohol & Drug Rehabilitation Center, dba Charlie's Place $142,569 Sunrise Recovery House at Charlie's Place provides supportive services including long term residential drug and alcohol treatment for 14 chronic substance abusers per day, serving approximately 42 clients per year. Treatment included chemical dependency education, group and individual counseling, life skills training, intensive case management including follow up. The program employs one full time Licensed Chemical Dependency Counselor, a full time Counselor Intern, three full time Substance Abuse Technicians, and two part time technicians. Corpus Christi Metro Ministries $160,255 Rustic House provides emergency shelter for a maximum of fourteen days and transitional housing for disabled men (mental, physical, recovering addicts). Participants are assessed and evaluated by a Case Manager to determine eligibility for the transitional housing program. Participants and Case Managers work together to establish an Individualized Case Plan with goals and objectives to help the participant reach permanent housing and independent living in the community. Goodwill Industries of South Texas, Inc. $142,720 Goodwill Industries of South Texas Work 2000 program provides assessment and orientation, job retention skills training, job training, and job cub/job placement services to enable homeless clients participating in the Continuum of Care system to obtain and retain employment thereby enhancing their self-sufficiency and the acquisition of permanent housing. Work 2000 provides services to 15 homeless adult participants each month with a total of 180 participants each year. Nueces County MHMR $122,673 NCMHMR Project Home provides permanent housing and supportive services to homeless individuals with severe and chronic psychiatric disabilities who meet the target population as defined by the Department of State Health Services. The program provides intensive in-home and community based rehabilitation services, case management and housing support services to assist individuals transitioning from homelessness to independent living. The program provides full rent plus utilities, startup furnishings, deposits, and household items. The Salvation Army — Families $181,142 Project Bridge is the only facility in Nueces County to provide emergency shelter and transitional housing to families. Project Bridge residents are provided with a two-bedroom suite so that the parents and children may live together as a family free of charge for up to 24 months. Services provided free of charge include shelter, three hot meals daily, clothing/household supplies, job training and transportation, case management, contracted child care, referrals for housing placement. The Salvation Army — Singles $128,394 Project Bridge for singles provides transitional housing services for twenty single men and eight single women. The men are housed in a dorm style setting with bunk beds and tables. Eight women are housed in two suites with two bedrooms each connected by a full private bathroom. To provide the homeless with reliable transportation, bus tokens are provided along with transportation to and from job interviews. Wesley Community Center $134,971 Wesley Community Center provides child care services to 35 children at a point in time and at least 50 children during the grant year. Children are transported from their shelter of residence and back to the shelter after 4:00 p.m. Parents are provided childcare so that they may participate in activities that lead to self-sufficiency and permanent housing. Parents are monitored to ensure they are participating in classes or working. -89- I to- V.S. iyBPARTAIENT OF liOUSII41 WA5HNLi'r4. N, Dt; 211410.7009• II tJIt$AN AE VELOFIVIE T the ho I less ass tante cICinney-Vento homOios9 V2& Encl+oserl li 'fdione ot) t orneless.Assistaucel'rog is aflnpptt ie countrycontirlt e to irnp ive th» lives of lionieless men; heir local plannnigauto and through the direct hots and 4 bi b year's competition. The programs and Coes funded through: the , s nee Program. coati= to Ulustrate their vahjeby.improving d perfotmanee every year. 1 commend you on the outstanding work of your courage you to continue to strive for excellence in the fight against Cor# Yangetions agaut an your award You will be receiving a letter from your local HUD field Mee providing snore informatics about finahzirlg you9 award, We counting on You tv%t 't iese important matt. ill a time y awl *festive iYtan*, Sincerely, lie etlesMArquez Assistant Secretary www.bud.gov espanol.hud.gov —90— on Csixer d A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT THE "HOME 2010" CONTINUUM OF CARE GRANT FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE HOMELESS SUPPORTIVE HOUSING PROGRAM AND TO EXECUTE ALL DOCUMENTS AND SUBRECIPIENT AGREEMENTS NECESSARY TO IMPLEMENT THE PROGRAM AS FOLLOWS: (1) $142,569 FOR CHARLIE'S PLACE, (2) $160,255 FOR CORPUS CHRISTI METRO MINISTRIES, (3) $142,720 FOR GOODWILL INDUSTRIES, (4) $122,673 FOR NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION, (5) $309,536 FOR THE SALVATION ARMY, AND (6) $134,971 FOR WESLEY COMMUNITY CENTER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to accept the "Home 2010" Continuum of Care Grant from the U. S. Department of Housing and Urban Develop- ment for the homeless supportive housing program and to execute all documents and subrecipient agreements necessary to implement the program as follows: (1) $142,569 for Charlie's Place, (2) $160,255 for Corpus Christi Metro Ministries, (3) $142,720 for Goodwill Industries, (4) $122,673 for Nueces County Mental Health and Mental Retardation, (5) $309,536 for The Salvation Army, and (6) $134,971 for Wesley Community Center. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 28, 2011 I14 Elizab zAj R. Hundley Assis sr t City Attorney for the City Attorney Joe Adame Mayor EHres290 COC Grant Funding Home 2010 20110628 Page 1 of 2 -92- Corpus Christi, Texas day of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHres290 COC Grant Funding Horne 2010 20110628 Page 2 of 2 —93— J AN ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $1,012,724 FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE NO. 1071 GRANT FUND FOR THE "HOME 2010" CONTINUUM OF CARE HOMELESS SUPPORTIVE HOUSING PROGRAM. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant in the amount of $1,012,724 from the U. S. Department of Housing and Urban Development is appropriated in the No. 1071 Grant Fund for the "Home 2010" Continuum of Care homeless supportive housing program. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2011. ATTEST: Armando Chapa City Secretary APPROVED: June 28, 2011 •1 d a_ ESs Eliz-,Sth R. Hundley Ass Fant City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord337 COC Grant Funding Home 2010 20110628 Page 1 of 2 —94— Corpus Christi, Texas day of , 2011 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, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHord337 COC Grant Funding Home 2010 20110628 Page 2 of 2 -95- 13 �OhCity of Corpus B Chnsti AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 30, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services constancep@cctexas.com (361) 826-3227 Approval authorizing the sale of thirty-four (34) properties at a tax foreclosure auction PURPOSE: Ordinance authorizing the resale of thirty-four (34) properties shown on the attached and incorporated Exhibit A at a tax resale auction with openings bids of 25% of the most recent tax appraisal value, and reducing opening bid by half for unsold properties; and declaring an emergency. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed upon due to non- payment of ad valorem taxes. The City and Nueces County entered into an Interlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriff's sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. If not sold at the auction, then the law firm will then solicit written bids for these "Struck Off' properties and will bring any future resale offers before the taxing entities for their consideration at that time. At the present time, there are approximately 120 properties on the Nueces County Resale List. The law firm has reviewed the inventory of tax resale properties in Nueces County and has identified thirty-four (34) properties for which there are not offers pending. As in prior years, these properties are offered for sale at a public auction at the Nueces County Courthouse with a reduced opening bid. The tax foreclosure auction is scheduled for -99- October 8, 2011 with opening bids listed in Exhibit A. If any of the properties are not sold at this initial auction, it is proposed to immediately re -offer those properties for sale by the auctioneer at half of the original opening bid. This action is to ensure that every reasonable effort is made to sell the properties and return them to the tax rolls. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. ALTERNATIVES: n/a OTHER CONSIDERATIONS: Each of the thirty-four (34) properties has been reviewed by Neighborhood Services, Engineering Services, and Parks and Recreation for potential City use. None were selected for City use. It should be noted that had any properties been identified for City use, then the City would have asked the law firm to remove the property from the list of properties to sell. This would impact the City (and the other taxing entities) in that the property would not be placed back on the tax roll to generate ad valorem taxes in the future. FINANCIAL IMPACT: x Not Applicable (until property is sold) o Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - This item - - - - BALANCE - - - - FUND(S): COMMENTS: If any of the properties are sold at the tax foreclosure auction, then the City of Corpus Christi will receive its share pursuant to the property tax code, including a pro rata share of the outstanding liens owed to the City. Once payment is made, then the liens will be released on those properties. RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance. —100— CONFORMITY TO CITY POLICY: This item conforms to City policy and is routine in nature. EMERGENCY/NON-EMERGENCY: This item requires one reading and according to Article II, Section 14 of the City Charter is classified as an "emergency" because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." Passing this ordinance in one reading enables the law firm to proceed with the sale of these properties in a timely manner — placing the properties back on the tax roll. DEPARTMENTAL CLEARANCES: • Legal Department • Engineering Services • Neighborhood Services • Parks and Recreation LIST OF SUPPORTING DOCUMENTS: Exhibit A: Tax Resale Property List Ordinance cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -101- CITY OF CORPUS CHRISTI 2011 RESALE AUCTIO updated July 22, 2011 Linebargor Goggan Blair Sampson, LLP Page 1 of 2 Property List for Corpus Christi ITEM NUMBER SUIT NUMBER DEFENDANT NAME LEGAL DESCRIPTION DATE OF SALE AMOUNT OFTYPE JUDGMENT PROPERTY VALUE OPENING BID ACCOUNT NUMBER OF PROPERTY LOCATION OUTSTANDING LIENS OWED 63 08-4282-E JULIA G. FIGUEROA 0.50 ACRE IN FARIAS GRANT ABSTRACT 592 02/15/11 $ 5,000 _ $ 4,000 $ 1,000 2385-0340-0100 VACANT LOT 4602 SHARPSBURG CITY 64 85-6479-E WILLIE J. ROBERTS LOT 16 BLOCK 1 CITIZENS ADDITION 08/04/92 _ $ 16,500 $ 7,128 $ 1,790 1593-0001-0160 VACANT LOT RD. 1517 $ - 65 00-0351-G JOHNNIE MAE DANIEL DAISY LOT 3 BLOCK 2 SHORELINE PARK 07/31/03 $ 23,000 $ 6,875 $ 1,720 8013-0002-0030 VACANT LOT LEXINGTON AVE. 2409 $ 13,481.76 66 02-5508-8 PEARL HACKETr ANDERSON LOT 17 BLOCK 1 CITIZENS ADDITION 02/11/05 $ 17,000 $ 7,128 $ 1,790 1593-0001-0170 VACANT LOT SUMMERS 1521 LEXINGTON $ 10514.67 67 03-6522-C RENA MARTIN CORPUS LOT 13 BLOCK 2 CITIZENS ADDITION 01/11/06 $ 15,000 $ 7,128 $ 1,790 1593-0002-0130 VACANT LOT AVE 1705 LEXINGTON AVE $ 3,801.03 68 05-879-E INVESTMENTS INC. LOT 59 BLOCK 3 SAN PEDRO ADDITION 07/27/07 $ 19,000 $ 3,750 $ 940 7634-0003-0590 VACANT LOT 808 FRANCESCA $ 3,335.00 69 04-6766-G A. CERVANTES LOT 32 BLOCK 6 STEELE ADDITION 02/18/08 $ 6,000 $ 2,795 $ 700 8409-0006-0320 VACANT LOT 2634 MARGUERITE $ 12,638.76 70 07-3512-C ESMERALDA PEREZ LOT42 BLOCK 1 SAN PEDRO ADDITION 03/26/09 $ 13,000 $ 3,750 $ 940 7634-0001-0420 VACANT LOT 618 DOLORES $ _ 71 07-3299-E MRS. J.M. SETTLE LOT 10 BLOCK 6 MONTROSE PARK ADDITION 05/07/09 $ 14,000 $ 6,600 $ 1,650 5324-0006-0100 VACANT LOT 2925 SUNRISE AVE $ 382.99 8,711.84 72 07-3316-B JESUS CAMPOS LOTS 2 AND 3 BLOCK 5 MONTROSE PARK 09/10/09 $ 24,000 $ 3,494 $ 880 5324-0005-0020 5324-0005-0030 VACANT LOT 2935 HIGHLAND AVENUE $ $ 3,605.98 73 06-6270-D MRS. DIONICIO LOPEZ LOT 5 BLOCK 8 NOTTARB PLACE UNIT 2 10/27/09 $ 42,000 $ 37,125 $ 9,290 5786-0008-0050 VACANT LOT 3734 SATURN RD $ 74 04-7188-G V. LEE HOUSTON LOTS 20 AND 21 BLOCK 26 HILLCREST ADDITION 01/11/10 $ 21,500 $ 6,825 $ 1,710 3443-0026-0200 HOUSE AND LOT 1708 STILLMAN 8,389.88 15,162.81 75 07-2131-8 PAUL ARMADILLO LOT49 BLOCK 1 SAN PEDRO ADDITION 04/13/10 $ 10,000 $ 3,750 $ 940 7634-0001-0490 VACANT LOT 710 DOLORES ST $ 76 08-5957-1i IGNACIO C. MORENO A PORTION OF LOT 6 BLOCK 4 MONTROSE PARK ADDITION 06/08/10 $ 13,000 $ 6,989 $ 1,750 5324-00040060 VACANT LOT 1019 HIBSICUS ST. $ $ 7,87224 IV 77 07-1032-D MANUELA CHABES A PORTION OF LOT 11 BLOCK 1 HIGHLAND PARK ADDITION 07/16/10 $ 7500 $ 2,704 $ 680 3390-0001-0110 VACANT LOT 727 CLEVELAND ST $ 78 08-7930-H RAYMOND B. JONES LOT 26 BLOCK 2 MANCHESTER PLACE 07/16/10 $ 20,000 $ 9,258 $ 2,320 4740-0002-0260 VACANT LOT 1002 MANCHESTER AVE _ $ 4,635.91 79 07-3492-8 DELFINO HERNANDEZ LOT 14 BLOCK 10 CORONADO ADDITION 08/06/10 $ 31,500 $ 5,000 $ 1,250 1795-0010-0140 VACANT LOT 206 CORTEZ $ 11,41528 80 09-6303-B WH HAMMONDS, TRUSTEE LOT 1 BLOCK 4 SAN PEDRO ADDITION 09/15/10 $ 19,000 $ 3,750 $ 940 7634-0004-0010 VACANT LOT 523 DOLORES ST $ 13,847.17 81 07-3293-C BASILISA ENRIOUEZ LOT 7 BAYMOOR ADDITION 10/08/10 $ 21,500 $ 9,863 $ 2,470 0515-0000-0070 VACANT LOT 3214 BUDDY LAWRENCE DR. $ 4,905.55 82 09-5953-C DANIEL C. GARZA LOT 13 BLOCK 12 CORONADO ADDITION 10/08/10 $ 3,500 $ 5,134 $ 1,290 1795-0012-0130 VACANT LOT 205 TORREON $ 729.98 83 07-2643-13 MANUEL LONGORIA LOTS 37, 38 AND 39 BLOCK 2 SAN PEDRO ADDITION 01/24/11 $ 10,500 $ 11,250 $ 2,820 7634-0002-0370 HOUSE AND LOT 518 DOLORES ST. $ 84 08-1959-F SEBERIANA JONES LOT 1 BLOCK 6 HARLEM PARKADDITION 01/24/11 $ 25000 $ 6,528 $ 1,640 3232-0006-0010 VACANT LOT 2901 ADA ST. - $ 14,670.55 85 LOT 2 BLOCK 6 HARLEM PARKADDITION 01/24/11 $ 28,000 $ 5,874 $ 1,470 3232-0006-0020 VACANT LOT 2905 ADA ST. $ 14,670.55 08-1959-F SEBERIANA JONES 86 09-0881-13 ISABEL BARRERA LOT 12 BLOCK 2 ECKERD ADDITION 01/24/11 $ 42,000 $ 3,564 $ 900 2245-0002-0120 VACANT LOT 2222 MARY ST. $ 21,111A6 87 09-3607-A I. G. TAMEZ LOTS 11 AND 12 BLOCK 10 AND PART OF ALLEY STEELE ADDITION 02/15/11 $ 11,000 $ 8,750 $ 2,190 8409-0010-0110 VACANT LOT 2835 MARY ST. $ 4,924.75 88 09-4282-B ROSIE GARZA LOTS 8, 9 & 10 BLOCK NW 1/4 B COLONIA MEXICANA 04/14/11 $ 8,500 $ 4,687 $ 1,180 1695-0005-0080 VACANT LOT 1412 SAN LUIS 89 02-1091-0 DYKESWILL LTD LOT 1 BLOCK 3 WEST ENO ADDITION CORPUS CHRISTI 04/14/11 $ 13,000 $ 13,400 $ 3,350 9367-0003-0010 VACANT LOT 1602 LEOPARD ST $ - $ 5,216.20 90 08-5960-F LINA J. ZAPATA LOTS 7 & 8 BLOCK 27 HILLCREST ADOITION 06/15/11 $ 23,000 $ 6,866 $ 1,720 3443-0027-0070 HOUSE AND LOT 1813 PEABODY AVE. $ 91 08-5258-E ROBERTO DELEON LOT 3 BLOCK 1 BAY VIEW ADDITION #3 07/12/11 $ 16,000 $ 13,339 $ 3,340 0488-0001-0030 VACANT LOT 1007 14TH ST. _ $ 10,783.64 Linebargor Goggan Blair Sampson, LLP Page 1 of 2 Property List for Corpus Christi CITY OF CORPUS CHRISTI 2011 RESALE AUCTION LIST updated July 22, 2011 Linebarger Goggan Blair Sampson, LLP Page 2 of 2 Property List for Corpus Christi ITEM NUMBER SUIT NUMBER DEFENDANT NAME LEGAL DESCRIPTION DATE OF SALE AMOUNT OF JUDGMENT PROPERTY VALUE OPENING BID ACCOUNT NUMBER TYPE OF PROPERTY LOCATION OUTSTANDING LIENS OWED 92 09-3555-14 ROBERT VILLARREAL LOT 2 BLOCK 4 SUTHERLAND ADDITION 07/12/11 $ 6,000 $ 6,756 $ 1,690 8649-0004-0020 VACANT LOT 1626 CALDWELL CITY $ 95 06-3803-A WOLFGANG PAWELLEK LOT 18 BLOCK 710 BARATARIA BAY UNIT 3 12/21/09 $ 14,000 $ 14,050 $ 3,520 0427-0710-0180 VACANT LOT 13961 BINNACLE - $ 1,716.64 96 08-1394-A JACK L. RUSSELL LOT 13 BLOCK 10 LAGUNA VISTA SHORES 04/14/11 $ 24,000 $ 15,072 $ 3,770 4130-0010-0130 HOUSE AND LOT 222 RIVIERA DR. $ 112 08-4323-B FEDERICO GARZA LOT 36 BLOCK 6 SAN JUAN ADDITION 4/3 12/23/10 $ 18,000 $ 4,526 $ 1,140 7626-0006-0360 VACANT LOT 946 GAVIOTA ST. $ 12,188.57 113 08-4126-H ELOISE P. CERVANTES LOT 9 BLOCK 2 SAN JUAN ADDITION NO. 2 04/14/11 $ 17,000 $ 5,353 $ 1,340 7625-0002-0090 VACANT LOT 9126 STOCK DR $ 6,864.92 Totals $ 602,000 $ 263,061 $65,910 # of Items 34 $ 215,960.13 Linebarger Goggan Blair Sampson, LLP Page 2 of 2 Property List for Corpus Christi Ordinance authorizing the resale of thirty-four (34) properties shown on the attached and incorporated Exhibit A at a tax resale auction with openings bids of 25% of the most recent tax appraisal value and reducing opening bid by half for unsold properties; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the sale of thirty-four (34) properties shown on the attached and incorporated Exhibit A at a tax resale auction, with opening bids of 25% of the most recent tax appraisal value, as described on the attached Exhibit A. Should property fail to sell, opening bid shall be further reduced by one-half. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the of , 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Legalformapproved August 19, 2011 By: oC..v+=- Lisa Aguilar,A= Attorney for City Attorney Joe Adame Mayor —104— Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —105— 14 NO ATTACHMENT FOR THIS ITEM -109- 15 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: TO: FROM: August 11, 2011 Ronald L. Olson, City Manager %'bustavo Gonzalez, P.E9P1 Director of Water Operations Gustavogo@cctexas.com 826-1874 To execute an annual joint funding agreement with the United States Geological Society (USGS). PURPOSE: Motion authorizing the City Manager or his designee to renew an annual joint funding agreement with the United States Geological Society (USGS), U.S. Department of the Interior. The amount of contract is $166,595 and for the period October 1, 2011 through September 30, 2012. BACKGROUND AND FINDINGS: Texas Water Rights Permit No. 3358 requires specified releases from the reservoir be made to the bays and estuaries. The City utilizes the United States Geological Survey (USGS) to establish automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: o Not Applicable X Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget $270,000 Encumbered/Expended amount as of 8/11/11 0.00 This item $166,595 BALANCE $103,405 Comments: During FY 2011-12, a total expense of $166,595 will be incurred for this contract. —113— Page 2 of 4 RECOMMENDATION: Approval of the continued annual joint funding agreement with the USGS. CONFORMITY TO CITY POLICY: Yes. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Department LIST OF SUPPORTING DOCUMENTS: Joint -funding agreement (two copies) Amendment 1 Previous (12 -year) agreement cost table Cc: R. Jay Reining, First Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, P.E., Assistant City Manager —114— Form 9-1366 (Oct. 2005) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resources Investigations Agreement #: 12C4TX029000000 ' Customer #: TX029 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Fixed Cost Agreement Yesn Non THIS AGREEMENT is entered into as of the 1st day of October, 2011, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Texas Data Collection Program, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In -Kind -Services in the amount of $0.00 (a) (b) $34,865 by the party of the first part during the period October 01, 2011 to September 30, 2012 $169,685 by the party of the second part during the period October 01, 2011 to September 30, 2012 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI -1040). Billing documents are to be rendered Quarterly . Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B-212222, August 23, 1983.). -115- Form 9-1366 (Oct. 2005) Name: Address: Telephone: Fax: Email: Name: Address: Telephone: Fax: Email: By Nam -'Michael Dorsey Title: Acting Director U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resources Investigations USGS Technical Point of Contact J. Mark Null Supv. Physical Scientist 5563 DeZavala Road, Suite 290 San Antonio, TX 78249 210-691-9262 210-691-9270 jmnull@usgs.gov USGS Billing Point of Contact Kandis Becher Budget Analyst 2775 Alta Mesa Blvd. Fort Worth, TX 76133 817-263-9545 x225 817-361-0459 kkbecher@usgs.gov U.S. Geological Survey United States Department of the Interior Siganture Date: 04/13/2011 Name: Address: Telephone: Fax: Email: Name: Address: Telephone: Fax: Email: Agreement #: 12C4TX029000000 Customer #: TX029 Project #: SJ009ME TIN #: 74-6000574 USGS DUNS #: 128821266 Customer Technical Point of Contact Angel Escobar, P.E. City Manager 1201 Leopard Street Corpus Christi, TX 78401- (361) 880-3220 (361) 826-3839 angele@cctexas.com Customer Billing Point of Contact M. P. Sudhakaran Water Resources Mgmt Advisor 2726 Holly Road Corpus Christi, TX 78415- (381) 826-3667 (361) 826-4420 mp@cctexas.com City of Corpus Christi Signatures By Date: Name: Title: By Date: Name: Title: By Date: Name: Title: -1 1 6- Attachment for agreement 12C4TX029000000 with City of Corpus Christi Site Information Description Code Units Diff. Factor USGS CWP Customer Total Account: 00100; Title: Data Program - Surface Water Site: 08194000 Nueces Rv at Cotulla, TX Full Range Streamflow Station QCONT 1.00 1.00 $4,590 $10,860 $15,450 SNT Site Totals: $4,590 $10,860 $15,450 Site: 08194500 Nueces Rv nr Tilden, TX Full Range Streamflow Station Site: 08205500 Frio Rv nr Derby, TX Full Range Streamflow Station Site: 08206600 Frio Rv at Tilden, TX Full Range Streamflow Station QCONT 1.00 1.00 $4,590 $10,860 $15,450 SNT Site Totals: $4,590 $10,860 $15,450 QCONT 1.00 1.00 $4,590 $10,860 $15,450 SNT Site Totals: $4,590 $10,860 $15,450 QCONT 1.00 1.00 $4,590 $10,860 $15,450 SNT Site Totals: $4,590 $10,860 $15,450 Site: 08206900 Choke Canyon Res nr Three Rivers, TX Reservoir Contents RES -C 1.00 1.00 $2,465 $5,215 $7,680 SNT Site: 08206910 Choke Canyon Res OWC nr Three Rivers, TX Daily Q Below Base and Continuous Stages QCONT-LOW 1.00 Site Totals: $2,465 $5,215 $7,680 1.00 $2,855 $7,345 $10,200 SNT Site Totals: $2,855 $7,345 $10,200 Site: 08210000 Nueces Rv nr Three Rivers, TX Full Range Streamflow Station QCONT 0.10 1.00 Full Range Streamflow Station - NSIP QCONT 0.90 1.00 Site Totals: Site: 08210500 Lk Corpus Christi nr Mathis, TX Reservoir Contents $0 $1,545 $1,545 SNT SNT $0 $1,545 $1,545 RES -C 1.00 1.00 $2,465 $5,215 $7,680 SNT Site Totals: $2,465 $5,215 $7,680 Site: 08211000 Nueces Rv nr Mathis, TX Full Range Streamflow Station QCONT 0.10 1.00 $0 $1,545 $1,545 SNT Full Range Streamflow Station - NSIP QCONT 0.90 1.00 SNT Site Totals: $0 $1,545 $1,545 Site: 08211200 Nueces Rv at Bluntzer, TX Daily Q Below Base and Continuous Stages QCONT-LOW 1.00 1.00 $2,855 $7,345 $10,200 SNT Site: 08211500 Nueces Rv at Calallen, TX Full Range Streamflow Station Site Totals: $2,855 $7,345 $10,200 QCONT 1.00 1.00 $4,590 $10,860 $15,450 SNT Site Totals: Site: 0821150305 Rincon Bayou Channel nr Odem, TX Daily Q Below Base w/ Acoustic Velocity AVM -LOW 1.00 1.00 Site Totals: 12 total site(s) under the Account Totaling: -117- $4,590 $10,860 $15,450 $0 $13,050 $13,050 SNT $0 $13,050 $13,050 $33,590 $95,560 $129,150 Account: 00300; Title: Data Program - Water Quality Site: 08211200 Nueces Rv at Bluntzer, TX 5 Parameter Monitor WQMON5 1.00 1.00 $1,275 $41,725 $43,000 SNT Site Totals: $1,275 $41,725 $43,000 Site: 08211503 Rincon Bayou Channel nr Calallen, TX 2 Parameter Monitor - WQMON2 1.00 1.00 Site: 08211505 Nueces Bay at Causewy Site 2 nr Corpus Christi, TX 2 Parameter Monitor $0 $16,200 $16,200 SNT Site Totals: $0 $16,200 $16,200 WQMON2 1.00 1.00 Site Totals: 3 total site(s) under the Account Totaling: 14 total site(s) under the Agreement Totaling: Agreement Total: -118- $0 $16,200 $16,200 $0 $16,200 $16,200 $1,275 $74,125 $75,400 $34,865 $169,685 $204,550 $34,865 . $169,685 $204,550 Surface Water Water Quality USGS = United States Geological Survey COCC = City of Corpus Christi FY 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 USGS 535,695 $53,775 $43,095 $43,095 543,095 $43,080 $43,095 $43,095 $43,095 $43,095 537,320 $33,590 COCC $74,175 $73,405 $84,105 $94,405 $94,405 $101,060 5105,230 5121,370 $126,085 116085* $88,740 $92,470 Total $109,870 5127,180 $127,200 $137,500 $137,500 $144,140 5148,325 $164,465 5169,180 $43,095 $126,060 5126,060 FY 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 USGS $5,000 55,000 $5,000 515,680 $15,680 $15,680 515,680 515,680 $15,680 515,680 $1,275 51,275 COCC $60,820 $74,280 589,940 $94,020 $94,020 $128,250 5116,480 $119,580 5193,295 $204,370 $74,125 574,125 Total $65,820 579,280 594,940 5109,700 $109,700 $143,930 5132,160 $135,260 $208,975 $220,050 $75,400 $75,400 Contribution USGS $40,695 $58,775 548,095 $58,775 $58,775 $58,760 $58,775 558,775 $58,775 $58,775 $38,595 534,865 COCC $134,995 $147,685 $174,045 $188,425 5188,425 $229,310 5221,710 $240,950 5319,380 $320,455 $162,865 $166,595 Total $175,690 $206,460 $222,140 $247,200 $247,200 $288,070 $280,485 $299,725 $378,155 $379,230 $201,460 $201,460 * Reduction due to funding for station no. 08211000 through National Stream Information Program (NSIP). 16 leiti City of = Chhristi AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 18, 2011 TO: Ronald L. Olson, City Manager FROM: Eddie Ortega, Director of Neighborhood Services Department £CJ EddieOQcctexas.com 361-826-3234 Inter -local agreement between City of Corpus Christi and Capital Area Housing Finance Corporation. A motion authorizing the City Manager or designee to execute an Inter -local agreement between the Capital Area Housing Finance Corporation (CAHFC) and the City of Corpus Christi to support the funding of a loan from the CAHFC to HPD Castle Manor, LP to help finance the acquisition and rehabilitation of certain property located in the City of Corpus Christi's jurisdiction. PURPOSE: City Council support of a loan agreement between the CAHFC and HPD Castle Manor, LP BACKGROUND AND FINDINGS: HPD Castle Manor, LP will be rehabilitating an existing 62 unitapartment project in the Flour Bluff area of Corpus Christi. FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 Encumbered/Expended amount 0 0 This item 0 0 0 BALANCE 0 0 r 0 0 FUND(S): General Fund Comments: No financial impact. —123— RECOMMENDATION: Approval of motion authorizing the City Manager or designee to execute an Inter -local agreement between the City of Corpus Christi and the CAHFC. EMERGENCY/NON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Department LIST OF SUPPORTING DOCUMENTS: CAHFC Inter -local Agreement Cc: Elizabeth Hundley, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager —124— Capital Area Housing Finance Corporation Interlocal Agreement THIS INTERLOCAL AGREEMENT iS made and entered into as of 2011, by and between the CAPITAL AREA HOUSING FINANCE CORPORATION ("Capital Area HFC'), a public, non-profit housing finance corporation duly organized and existing under the laws of the State of Texas, and the City of Corpus Christi ("Governing Body'). Witnesseth WHEREAS, the Capital Area HFC is authorized by the provisions of the Texas Housing Finance Corporations Act, Chapter 394, Texas Local Government Code, as amended, to (a) lend money for its corporate purposes and invest and reinvest its funds; (b) borrow money at rates determined by the Capital Area HFC; and (c) pledge all or any part of the revenues, receipts or resources of the Capital Area HFC from or in connection with such loans, and to mortgage, pledge or grant security interests in such loans or other property of the Capital Area HFC in order to secure the payment of the Capital Area HFC's obligations; and WHEREAS, pursuant to the Act, the Capital Area HFC has established a 2011 Multifamily Developer Loan Program under which the Capital Area HFC is authorized to make loans to eligible borrowers to help finance the acquisition, construction or rehabilitation of multifamily housing developments located within the jurisdiction of the Capital Area HFC and in other jurisdictions with the authorization of the applicable local housing authority; and WHEREAS, the Capital Area HFC intends to loan funds to HPD Castle Manor, LP (the `Borrower), to help finance the acquisition and rehabilitation of certain property located in the jurisdiction of the Governing Body; and WHEREAS, the Governing Body hereby acknowledges its awareness of the Loan on the terms specified in this Agreement; Now, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Recitals. The recitals set forth above are incorporated herein for all purposes and are found by the parties hereto to be true and correct. It is further found and determined that the parties hereto have authorized and approved this Agreement by resolution or order adopted by their respective bodies, and that this Agreement will be in full force and effect when executed by both parties. 1 —125— Section 2. Development Funding. The Governing Body hereby acknowledges its awareness that the Capital Area HFC may provide the Loan to the Borrower in connection with the acquisition and rehabilitation of an existing 62 unit apartment project located in the Governing Body's jurisdiction in accordance with the terms set forth in a Term Loan Agreement to be entered into between the Capital Area HFC and the Borrower. The parties hereto acknowledge and agree that neither the full faith and credit of the Governing Body or the State of Texas, nor the taxing power of the Governing Body, if any, or the State of Texas or any other political subdivision of the State of Texas is pledged in support of the Loan. The parties further acknowledge that the Governing Body makes no pledge, commitment or promise of any kind by executing this agreement. Section 3. Termination. This Agreement shall terminate upon the occurrence of any of the following events: (a) The Borrower withdraws its request for the Loan; (b) The Loan is not closed on or before the date for such closing specified in the Loan Agreement; or (c) The mutual written agreement of the parties hereto. Section 4. Termination upon Legal Prohibition of Relationship. Notwithstanding the foregoing, the parties hereto may terminate this Agreement immediately by delivering written notice to the other party: (a) If, in the opinion of any attorney, it is determined that there is applicable legislation, regulations, rules or procedures (collectively referred to herein as a "Law') in effect or to become effective as of a date certain, which Law, if or when implemented, would have the effect of subjecting a party hereto to civil or criminal prosecution under the state and/or federal laws, or endangering or jeopardizing the status of a party hereto or any of its affiliates, because of the party's participation herein; (b) If a party receives notice of an actual or threatened decision, finding or action by any governmental or private agency or court (collectively referred to herein as an `Action'), which Action, if or when implemented, would have the effect of subjecting the party to civil or criminal prosecution under the state and/or federal laws, or endangering or jeopardizing the status of the party or any of its affiliates, because of the party's participation herein; or 2 —126— (c) If a party hereto receives any order by a governmental agency or court that the terms of this Agreement are in violation of any Law. Section 5. Effect of Termination. Upon the expiration or termination of this Agreement, the parties hereto shall thereafter be automatically relieved and released from all further liabilities and obligations hereunder, except for liabilities and obligations contained herein which are expressly made to extend beyond the term of his Agreement, all of which shall survive the expiration or termination of this Agreement. Parties hereby acknowledge that the Governing Body incurs no present or future duties, obligations or liabilities by executing this Agreement. Section 6. Miscellaneous. Section 6.1. Prior Written Agreements. This Agreement is without regard to any and all prior written contracts or agreements between the parties hereto regarding any other subject matter and does not modify, amend, ratify, confirm or renew any such other prior contract or agreement between the Parties. Section 6.2.. Other Services and Exclusion. Nothing in this Agreement shall be deemed to create, by implication or otherwise, any duty or responsibility of any of the parties hereto to undertake or not to undertake any other service, or to provide or not to provide any service, except as specifically set forth in this Agreement or in a separate written instrument executed by the parties hereto. Parties hereby acknowledge that the Governing Body incurs no present or future duties, obligations or liabilities by executing this Agreement. Section 6.3. Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to any of the parties hereto nor to create any legal rights or claim on behalf of any additional party. None of the parties hereto waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas and of the United States. Section 6.4. Amendments and Modifications. This Agreement may not be amended or modified except in a writing executed by the parties hereto and authorized by their respective governing bodies. Section 6.5. Severability. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof, but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision(s), and the rights and obligations of the parties hereto shall be construed and enforced in accordance therewith. The parties acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such 3 —127— provision be reformed and construed in such a manner that it will, to the maximum extent practicable, give effect to the intent of this Agreement and be deemed to be validated and enforceable. Section 6.6. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed as of the date first written above, when all parties hereto have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. Section 6.7. No Third Party Beneficiaries. The provisions of this Agreement are and will be for the benefit of the parties hereto only and are not for the benefit of any third party. No third party shall have the right to enforce the provisions hereof. Section 6.8. Notice. All communications provided for herein shall be in writing and shall be deemed to have been given or made when served personally or when deposited in the United States mail. The following are the addresses for all purposes in connection herewith. Capital Area HFC: Capital Area Housing Finance Corporation 4101 Parkstone Heights Drive Suite 280 Austin, Texas 78746 Attention: James E. Shaw Governing Body: Ronald L. Olson City Manager City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401 The parties hereto shall have the right from time to time to change their respective addresses and each shall have the right to specify as its address any other address by giving to the other parties hereto written notice at least ten (10) days prior such change. Section 6.9. Governing Law. This Agreement and the rights and duties of the parties hereto shall be construed and determined in accordance with the laws of the State of Texas. This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and any prior agreements, whether written or oral, with respect thereto are superseded hereby. Section 6.10. Headings. Section headings used in this Agreement are for convenience of reference only and are not a part of this Agreement for any other purpose. 4 —128— IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date by their officers thereunto duly authorized. CAPITAL AREA HOUSING FINANCE CORPORATION By: Name: James E. Shaw Title: Executive Director CITY OF CORPUS CHRISTI By: Name: Ronald L. Olson Title: City Manager 5 -129- 17 CiW of -== Chnstiti AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 25, 2011 TO: Ronald L. Olson, City Manager FROM: Eddie Ortega, Director of Neighborhood Services EddieO@cctexas.com 361.826.3234 A resolution declaring the City of Corpus Christi's strong support for a carry forward designation for the Palms at Leopard Street. PURPOSE A resolution declaring the City of Corpus Christi's strong support for a carry forward designation for the Palms at Leopard Street. BACKGROUND AND FINDINGS: The City of Corpus Christi unanimously adopted a resolution on February 22, 2011 formally expressing support, committing FY 2011 HOME funds, for the development of The Palms at Leopard Street as its first priority application in the Regional 10 -Urban area designated by the State of Texas the included the City of Corpus Christi. FINANCIAL IMPACT: Expenditure of FY 2011 HOME Funds as approved through the Consolidated Annual Action Plan for FY 2011-12. o Not Applicable o Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 Encumbered/Expended amount 0 0 This item 0 0 0 BALANCE 0 0PP 0 0 FUND(S): General Fund Comments: -133- RECOMMENDATION: Passage of the resolution to support The Palms at Leopard Street development. EMERGENCY/NON-EMERGENCY: Emergency, DEPARTMENTAL CLEARANCES: Legal Department LIST OF SUPPORTING DOCUMENTS: Resolution Cc: Carlos Valdez, City Attomey Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —134— RESOLUTION DECLARING 1HIi. CITY OF CORPUS CHRISTI'S STRONG SUPPORT FOR A CARRY FORWARD DESIGNATION FOR THE PALMS AT LEOPARD STREET WHEREAS, The Palms at Leopard Street, Ltd. has submitted an application to the Texas Department of Housing and Community Affairs (TDHCA) for 2011 Housing Tax Credit Funds, which is a compelling, high impact community development for affordable rental housing on a tract of land on Palm Avenue between Lipan Street and Leopard Street named "The Palms at Leopard Street" in the City of Corpus Christi, Texas; and, WHEREAS, The City of Corpus Christi unanimously adopted a resolution on February 22, 2011 formally expressing support, committing HOME funds, for the development of The Palms at Leopard Street as its first and sole priority application in the Regional 10 -Urban area designated by the State of Texas that includes the City. WHEREAS, The City of Corpus Christi recognizes the many compelling attributes connected with the development of The Palms at Leopard Street, including support from the US Housing and Urban Development (HUD) to replace a marginal and obsolete property to an attractive new location, preservation of Section 8 subsidies which could be lost, strong resident and CCISD support, as well as bringing much needed reinvestment to a major Urban Core area of the City marked by a medium and high density residential and commercial uses; WHEREAS, the TDHCA Board has, at its sole discretion, the authority to issue "Forward Commitments" based on a variety of project criteria, including the timing and uniqueness of The Palms at Leopard Street project and the strength of local community support. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The City of Corpus Christi reiterates its first priority support for a "Forward Commitment" to address the critical needs and time sensitivity associated with any delay in development of The Palms at Leopard Street in the Regional 10 -Urban area designated by the State of Texas that includes the City. Copies of this resolution will be sent to the TDHCA Board and members of the Coastal Bend State Delegation. DULY adopted at a regular meting of the City Council of the City on the day of , 2011. ATTEST: By: Armando Chapa City Secretary CITY OF CORPUS CHRISTI By: Joe Adame, Mayor —135— APPROVED AS TO LEGAL FORM: AW 2SI to f ( , 2011 By: Carlos Valdez, City Atttl� e —136— 18 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 11, 2011 TO: Ronald L. Olson, City Manager FROM: Miguel S. Saldana, A.I.C.P., Manager, Land Development Development Services Department MiguelSQcctexas.com (361) 826-3568 Abandoning and vacating a portion of a utility easement, out of Lots 15-A and 16, Block 8, Hopper Addition No. 2. PURPOSE: Ordinance to consider abandoning and vacating a 2,875.53 -square foot portion of a utility easement, out of Lots 15-A and 16, Block 8, Hopper Addition No. 2, to comply with the specified conditions. BACKGROUND AND FINDINGS: Moises and Melissa Salazar ("Owners") are requesting the abandonment and vacation of a 2,875.53 - square foot portion of the utility easement, to allow for the future construction and development over said easement. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: Staff recommends payment of the fair market value of $1,945.00 for the abandonment and vacation of the 2,875.53 -square foot portion of a 25 -foot wide utility easement. Owner will be responsible for paying all fair market value fees and filing and recording cost. RECOMMENDATION: Upon approval by Council and issuance of the ordinance, all grants of easement closure 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 the building permit and construction, an up-to-date purvey, abstracted for all easements and items of record, must be submitted to the City's Building Official. —139— Page 3 pf 3 CONFORMITY TO CITY POLICY: These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. Gas Department is requiring that we retain the existing 10 -foot wide utility easement located on the west portion of Lot 16, and runs across the existing 25 -foot wide utility easement proposed for closure. The Gas Department has an existing 10 -inch wrapped steel main in the 10 -foot wide easement. None of the city departments or franchised utility companies had any facilities within the utility easement or objections regarding the proposed utility easement abandonment. LIST OF SUPPORTING DOCUMENTS: • Ordinance • Metes and Bounds: Description & Exhibits Cc: Deborah W. Brown, Assistant City Attorney Rudy D. Garza, Interim Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget City Manager's Use Only o Consent o Regular o Public Hearing K:\DEVELOPMENTSVCS\SPECIAL SERVICES \WILLIE MEDINA\EASEMENT CLOSURES \HOPPER ADDITION UNIT 2 (2011)\HOPPER ADDITION UNIT 2 - EXECUTIVE SUMMARY AGENDA MEMO.DOC —140— Ordinance abandoning and vacating a 2,875.53 square -foot portion of a 25 foot wide utility easement, out of Lots 15-A and 16, Block 8, Hopper Addition No. 2, located northwest of Doddridge Street and southwest of the Pope Drive public street right-of-way; requiring the owners, Moises and Melissa Salazar, to comply with the specified conditions and declaring an emergency. Whereas, Moises and Melissa Salazar (Owners) are requesting the abandonment and vacation of a 2,875.53 square -foot portion of a 25 foot wide utility easement, out of Lots 15-A and 16, Block 8, Hopper Addition No. 2, located northwest of Doddridge Street and southwest of the Pope Drive public street right-of-way, in order to allow for the future construction and development over said easement. The easement to be abandoned and vacated is located in an "RS -6" Single -Family 6 District (formerly known as "R -1B" One -family Dwelling District). Whereas, with proper notice to the public, a public hearing was held on Tuesday, August 30, 2011, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 2,875.53 square -foot portion of a 25 foot wide utility easement, out of Lots 15-A and 16, Block 8, Hopper Addition No. 2, subject to the provisions below; (Exhibit A- Site Map, Exhibits B & C - Metes and Bounds Description & Accompanying Map). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section .1. That a 2,875.53 square -foot portion of a 25 foot wide utility easement, out of Lots 15-A and 16, Block 8,Hopper Addition No. 2, located northwest of Doddridge Street and southwest of the Pope Drive pubic street right-of-way, as recorded in Volume 34, Page 139 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) Before going to City Council for approval of the ordinance abandoning and vacating the 2,875.53 square -foot portion of a 25 -foot wide utility easement, Owners will pay the fair market value of $1,945.00. 2) As per the request of the City Gas Department, the City will retain the existing 10 foot wide utility easement located on the west portion of Lot 16 which runs across the 25 foot wide utility easement to be abandoned and vacated, as the Gas Department has an existing 10 inch wrapped steel main in the 10 foot wide easement. —141— Page2of3 3) Upon approval by City Council and issuance of the ordinance, all grants of easement closure 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 permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. 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 day of , 2011. Attest: Armando Chapa City Secretary City of Corpus Christi: Joe Adame Mayor, City of Corpus Christi Approved as to form: This /6' day of 6a4 borah Walther Brow ssistant City Attorne For City Attorney 2011 K:\Legal\SHARED\LEGAL-DEV.SVCS\2011 Agenda \8-30-11 \Hopper Abandon & Vacate \8-18.11 Ordinance Hopper Addition. Fina I D W B. d oc —142— Page 3 of 3 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:\Legal\SHARED\LEGAL-DEV.SVCS\2011 Agenda \8-30-11\Hopper Abandon & Vacate\8-18-110rdinance Hopper Addition. Fina IDW B.doc —143— -144- TexasGecTecf LAND SURVEYING, INC ,Exhibit B I FIELD NOTES DESCRIPTION TractA (o.o2ac. 899.22 sq. ft.) & Tract B (0 050c. 190.31 sq. ft.) Being a TOTAL of 0.07 ac. (2,875.53 sq. ft.) divided into Tract A o.o2ac. (899.22 sq. ft.) & Tract 8 o.o5ac., (1976.31 sq. ft.), being Tract A out of Lot 16, and Tract B out of the west 4.4feet of Lot 16, and rest out of Lot 15-A, both Tracts A & B, out of Block 8 of the Hopper Addition Unit 2 - recorded in volume 34, page 139 of the Map Records of Nueces County, Texas and being more fully described by metes and bounds as follows; TRACTA COMMECING at a 5/8inch iron rod found, on the south right of way line of Pope Drive, for the northwest corner of said Lot 16, from which the POINT OF BEGINNING bears 5 6i° 45' oo" E, a distance of 18.4 feet, to a point and being the northwest comer o of this tract; THENCE 5 61° 45' oo" E, continuing along the south right of way line of said Pope Drive, a distance of 29.21 feet, to a point for the northeast corner of this tract; THENCE 5 59° 23' 20" W, a distance of 64.21 feet to a point of the southeast south corner of this tract; THENCE N 28° 15' oo" E, a distance of 48.35 feet to a point, for a corner of this tract; THENCE N 59° 23' 20" E, a distance of 7.73 feet to the PLACE OF BEGINNING and containing o.02 acres of land. TRACT B COMMENCING at a 5/8inch iron rod found, for the southwest corner of said Lot 15-A, from which the POINT OF BEGINNING bears N 28° 15' oo" E a distance of 5.00feet THENCE 5 61° 45' oo" E a distance of 13.92 feet, to a point for the southwest corner of this tract; THENCE N 59° 23' 20" E, at a distance of 98.8o feet pass the west lot Zine for said Lot 16, in all a distance of 107.3o feet, to a point for the north corner of this tract; THENCE 5 28°15' oo" W, a distance of 48.35 feet to a point for the southeast corner of this tract; THENCE 5 59° 23' 20" W, a distance of 50.81 feet to a point for the south corner of this tract; THENCE N 61° 145' oo" W, a distance of 29.21 feet to the PLACE OF BEGINNING and containing 0.05 acres of land. 1,, Victor S. Medina, a Registered Professional Land Surveyor, do here by certh5t that to the best of my knowledge, this plat represents actual survey made on the ground under my supervision and substantially complies with the minimum standards for Land Surveying in Texas set forth by the Texas Board of Professional Land Surveying. Bearing and distances are NAD 83, Texas South Zone and are based on grid coordinates. —145— o x / / 0� a} %Qiefa + ®0.\ O• -146- B &7 a �� £ƒ az �% � egIQ Da 122 �� k00 0 4§7 | co § 0 0 o. J .0 1 co ,)k0k 0 )j( • Mu_ §-wo 000s 30 §)(§/ Oce0\j\( jID.C/§ (``�� § /(k§§ • ®>4 §!(da' !2£k; §\\\\\ ■ 19 AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 30, 2011 TO: FROM: PURPOSE Ronald L. Olson, City Manager Miguel S. Saldaha, A.I.C.P., Manager, Land Development Development Services Department MiguelS©cctexas.com (361) 826-3568 Abandoning and vacating a portion of a drainage easement, out of Lots 30-31, Block 1, River Canyon Unit 2. Ordinance to consider abandoning and vacating a 3,477.04 -square foot portion of a 10 -foot wide drainage easement out of Lots 30-31, Block 1, River Canyon Unit 2, to comply with the specified conditions. BACKGROUND AND FINDINGS: Clayton and Deborah Taylor ("Owners") are requesting the abandonment and vacation of the drainage easement to be able to utilize the lots more efficiently. Owners will be abandoning and vacating a 3,477.04 -square foot portion of a 10 -foot wide drainage easement and will be dedicating a 3,067.31 - square foot portion of a 15 -foot wide utility easement. The difference between the drainage easement being abandoned and the utility easement dedication is 409.73 -square feet, which the Owner will be compensating the City. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: Staff recommends that the Owner pay the fair market value of $825.00 for abandoning and vacating of the 409.73 -square foot portion of the 10 -foot wide drainage easement prior to the closure request going to City Council. —1 4 9— Page 3 of 3 RECOMMENDATION: Upon approval by Council and issuance of the ordinance, all grants of easement closure 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 the building permit and construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the City's Building Official. CONFORMITY TO CITY POLICY: These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities within the utility easement or objections regarding the proposed utility easement abandonment. LIST OF SUPPORTING DOCUMENTS: • Ordinance • Metes and Bounds: Description & Exhibits Cc: Deborah W. Brown, Assistant City Attorney Rudy D. Garza, Interim Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget City Manager's Use Only ❑ Consent o Regular o Public Hearing K:\DEVELOPMENTSVCS\SPECIAL SERVICES\WILLIE MEDINA\EASEMENT CLOSURES\RIVER CANYON UNIT 2 (2011)\RIVER CANYON - EXECUTIVE SUMMARY AGENDA MEMO (8-18-11).DOC —150— Page 1 of 3 . Ordinance abandoning and vacating a 3,477.04 square -foot portion of a 10 foot drainage easement, out of Lots 30 and 31, Block 1, River Canyon Unit 2, located east of the Rolling Ridge Trail public street right-of-way; requiring the owners, Clayton and Deborah Taylor, to comply with the specified conditions and declaring an emergency. Whereas, Clayton and Deborah Taylor (Owners) are requesting the abandonment and vacation of a 3,477.04 square -foot portion of a 10 foot drainage easement, out of Lots 30 and 31, Block 1, River Canyon Unit 2, located east of the Rolling Ridge Trail public street right-of-way, to be able to utilize the lots more efficiently. The easement to be abandoned and vacated is located in an "RS -6" Single -Family 6 District (formerly known as "R -1B" One -family Dwelling District). Whereas, with proper notice to the public, a public hearing was held on Tuesday, August 30, 2011, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 3,477.04 square -foot portion of a 10 foot drainage easement, subject to the provisions below; (Exhibit A -Site Map, Exhibits B & C - Metes and Bounds Description of Drainage Easement & Accompanying Maps). Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a 3,477.04 square -foot portion of a 10 foot drainage easement, out of Lots 30 and 31, Block 1, River Canyon Unit 2, located east of the Rolling Ridge Trail public right-of-way, as recorded in Volume 48, Pages 147-148 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 10 foot drainage easement is conditioned upon Owner's compliance with the following: 1) Owners have agreed to dedicate a 3,067.31 square -foot portion of a 15 foot wide utility easement (Exhibits D & E- Metes and Bounds Description of Utility Easement & Accompanying Maps). Said utility easement dedication must be made by separate instrument. 2) Before going to City Council for approval of the ordinance abandoning and vacating the 10 foot drainage easement, Owners will pay the fair market value of $825.00, which represents the difference in fair market value between the property being released by the City, the 10 foot drainage easement, and the property being dedicated by Owners, the 15 foot utility easement. 3) Owners must comply with all specified conditions of the ordinance within 180 days of Council approval. K:\Legal\SHARED\LEGAL-DEV.SVCS\2011 Agenda \8-30-11 \River Canyon Drive Aban. & Vacate \8-18-11 River Canyon Ordinance.FInaIDW i3.doc —151— Page2of3 4) Upon approval by City Council and issuance of the ordinance, all grants of easement closure 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 permitting of any construction on the land, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49-13, as amended and approved on July 13, 2004, by Ordinance No. 025816. 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 . day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This /8"day of /art— , 2011 eborah Walther Br Assistant City Attorney For City Attorney K:\Legal\SHARED\LEGAL-DEV.SVCS\2011 Agenda\3-30-11\River Canyon Drive Aban. & Vacate \B-18-11 River Canyon Ordinance. FinaIDWB.doc –152– Page 3 of 3 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:\LegaIRSHARED\LEGAL-DEV.SVCS\2011 Agenda \8-30-11 \River Canyon Drive Aban. & Vacate \8-18-11 River Canyon Ordinance.FinalDW B.doc —153— 7 cettaa carom RIVER CANYON LT 30 & 31 BLK 1 EASEMENT CLOSURE Ftnia 444,4, RIVER CANYON UNIT 2 LOT 30 & 31 BLK 1 Easement Closure Easement Closure Dote:610112011 Plc HIAIMIlleARIVER CANYON UNITS LOT 30651 BLK lAng Prepared By:SFIR Cited Corpus Chfl$11 Development SeiNcisUIS -154- LOCATION MAP 9 City al Corpus Ail .1' Christi Exhibit A LNV, Inc. 801 Navigation Blvd., Suite 2000 Corpus Christi, Texas 78408 Field note description for a 10.0 foot wide Drainage Easement out of Lot 30 & Lot 31, Block 1, River Canyon Unit 2, a subdivision of the City of Corpus Christi, Texas recorded in Volume 48, Pages 147-148, Nueces County, Texas Map Records, said 10.0 foot wide Drainage Easement being more particularly described by metes and bounds as follows: Beginning at a point, the intersection of the northwest line of a 7.5 foot wide U.E. along the southeast line of said Lot 30, for the most easterly and beginning corner of the tract herein described, from whence a 5/8 inch iron rod found at the most easterly corner of said Lot 30, with coordinates of Y=17,203, 613.18 and X=1,264,494.63, bears South 87°-32'-39" East, a distance of 10.26 feet; Thence South 45°-30'-47" West, with the northwest line of a 7.5 foot wide U.E., a distance of 2.04 feet to a point, for a southeast corner of the easement herein described; Thence North 69°-39'-52" West, (North 68°-55'-47" West, recorded plat), a distance of 178.13 feet to a - point, for an interior corner of the easement herein described; Thence South 00°-32'-19" East, a distance of 74.24 feet to a point in the northeast line of a 10.0 foot D.E. along the southwest line of said Lot 30, Block 1, for a southeast corner of the easement herein described; Thence North 45°-43'-58" West, with the northeast line of said 10.0 foot D.E. a distance of 14.09 feet to a point for a southwest comer of the easement herein described; Thence North 00°-32'-19" West, a distance of 73.47 feet to a point, for an interior corner of the easement herein described; Thence North 69°-39'-52" West, a distance of 22.37 feet to a point on the east right of way of Rolling Ridge Trail, for a corner of the tract herein described; Thence in a northerly direction with east right of way of Rolling Ridge Trail, and with the arc of a circular curve to the left, whose Central Angle is 07°-44'-25", whose Radius is 50.00 feet, a distance of 6.75 feet to a found 5/8" iron rad for the northwest corner of said Lot 30 and the southwest corner of said Lot 31 and a point of a reverse curve, and for a corner of the tact herein described; PAGE 1 OF 2 -155- Exhibit B Thence in a northerly direction with the east right of way line of Rolling Ridge Trail and the southwest property line of said Lot 31 and with the arc of a circular curve to the right, whose Central Angle is 06°-32'-07", whose Radius is 59.78 feet, a distance of 6.82 feet to a point on curve and for a corner of the tract herein described; Thence South 69°-39'-52" East, a distance of 24.36 feet within said Lot 31 to a point, for an interior corner ofthe easement herein described; Thence North 26°-09'-06" West, a distance of 60.95 feet to a point on the east right of way of Rolling Ridge Trail and the southwest property line of said Lot31, for a comer of the easement herein described; Thence North 09°-23'-55" East, with the east right of way of Rolling Ridge Trail and the west property line of said Lot 31 a distance of 17.20 feet to a point on the east right of way of Rolling Ridge Trail, for a comer of the easement herein described; Thence South 26°-09'-06" East, a distance of 78.21 feet to a point within said Lot 31 for an interiorcomer ofthe tract herein described; Thence South 69°-39'42" East, a distance of 167.68 feet to a point in the southwest U.B. line of said Lot 31, for a corner of the tract herein described; Thence South 40°-3645" East, with the southwest U.E. line of said Lot 31, a distance of 16.78 feet to the Point of Beginning. Containing more or less 0.080 acres (3,477.04 square feet) of land. 1, Horatio Oliveira, a Registered Professional Land Surveyor, of LNV, Inc., hereby certify that the foregoing field note description was prepared from a survey made on the ground under my direction and that this description conforms to the current Texas Surveyors' Association Standards and Specifications for a Category 1-A, Land .Titlee Suurvey. 14 This the IZ day of fair 2011. Horatio Oliveira, R.P.L.S. State of Texas License No. 1415 PAGE 2 OF 2 -156- 3 in 0 z q nm m m m m Z COLW z J 6 A N 101 J w z J IJ U 7 CC 1.1 9 n 0 n e U I 1 W1.2 w Lz cyi W W /' mto CN i N •MZ� o ctix•!'Qs=mi rw> O d $�l$ os Ord M0 lw D U Qgctlz OQ tjtj 0 rE p ij N! ttit C1 m I )J z g g¢ 5 g z C 6 C Z 0 S W 8 4i 4 u z 4 � i C 4 00 J W ems / ET Crag md0• 9 S09'32'79"E 74.24' 0 —157— Exhibit C LNV, Inc. 801 Navigation Blvd., Suite 200 Corpus Christi, Texas 78408 15' UTILITY EASEMENT DEDICATION Description for a proposed 15 foot utility easement out of Lot 31, Blockt, River Canyon Unit 2, a subdivision of Nueces County, Texas, recorded in Volume 48, Pages 147-148, Nueces County, Texas Map Records, said proposed easement bebg more partloularly desorib ed by metes and bounds as foliows: Beginning at a point in the southwest line of a 15 foot wide Utility Easement along the northeast property line of Lot 30, Block 1, River Canyon Unit 2, a subdivision of the City of Corpus Christi, Texas, recorded in Volume 48, Pages 147-148, Nueoes County, Texas Map Records, from whence its most easterly comer with Coordinates ofNorth47,203,613.18 andEast=1,264,494.63, bears South 69°-39'-52" East, a distance of 15.44 feet; Thence North 69°-39'-52" West, (North 68°-55'-47' West- Plat) a distance of210.94 feet to a'''A inch iron rod found in the east cul-de-sac line of River Ridge Drive and Rolling Ridge Trail, for the southwest comer of the tractherein described; Thence in a northerly direction with said east cul-de-sac line ofRiverRidge Drive, and with the arc of a circular curve to the right, whose Central Angle is 18°-09'-46", whose Radius is 59.78 feet, a distance of 18.95 feat to a point, for the northwest comer ofthe tinct herein described; Thence South 69°-39'-52" East, across said Lot 31, a distance of 195.19 feet to apoint in the southwest 15 foot wide easement line for the northeast corner of the tract herein described; Thence South 40°-36'-05" East, with said southwest 15 foot wide easement line a distance of 31.00 feet to the Paint of Beginning. Containing more or less 0.07 (3067.31 SQ. FL) acre of land. I, Horatio Oliveira, a Registered Professional Land Surveyor, of LNV, Inc, hereby certify that the foregoing field note description was prepared from a survey made on the ground under my direction and that this description conforrns to the current Texas Surveyors' Association Standards and Specifications for a Category 1-A, Land Title Survey. This the/S dayofAgar 2011. Horatio Oliveira, R.P.L.S. State of Texas License No. 1415 —158— Exhibit D 01 CO rn X 3 Q m Lar 31 1608 u.E. ;ark 07''8 s.4108.Z.3211.j9 1. RIVER CANYON WIT 2 / VOL 96 PGS. 147-198 M.R.NGE\ IAT 29 Lar 30 540736805E 31.00' 56439528E 15.94' FW 5/5' IR N=17203613.16 E=1264494.63 POINT OF BEGINNING 7S U.E. '1 State of Texas County of Nueees I, Hameln Oliveira, a Registered Professional Land Surveyor. of LNV Engineering. Engines. t Consultants, do hereby certify that the foregoing map was prepared from information of record and that This mop conforms to the current Texas Surveyor's Standards and Specifications for a Category 1–A. Land title Survey. This jtle LS flay otAiratlf011. Horocio Oliveira Stote of Texas License No. 1415 GENERA* NOTES' • RITRW RN ACFONPANY REID NOIE ESCRIPR• SOURCE OF BEARINGE0S SLATE PLANE TEXAS SOWN ZONE -4205 -NAG 03 • NY GRAPHIC PLOTTING ONLY, THIS NEA IS IN FLOOD ZONE C. cement 190. 455464. PANEL NO OIC1C, Wm MAP EFFECTIVE DALE OF ALLY 18. 1965 • 6/8Rn0 Un 130ESS AN mama MUMS • PARCEL 1 = 306721 5Q. FT., 007 AC. RIVER CANYON VOL 97, PC. 109UNIT 1 �. IRNCX. 101 14 LEGEND: NOW ewer OF WAY 1LRN.BT. MM RECORDS, NIECES COUNIE 1EGIS ORN.C.T. DEED RECORDS. 151505 WARNY, TEXAS IR. IRON RW LP MON PIN FR FOUND B3_ BUILDING UNE U.E. Inum EASEMENT a FOUND CORNER Q PARCEL !INNER 0 BUICK NUMBER PROPERTY UNE — — — EASE ENT/RII1DIN0 UNE 0 A=18'09'46' R9.78' L=18.95' C8=N16'40'09'W EXHIBIT OF PROPOSED 15' UTILITY EASEMENT PAX CHRISTI RETREAT CENTER PARCEL NO. 1 AREA=3067.31 SQ. FT. 0.07 AC. REFERENCE: LOT 31, BLOCK 1 RIVER CANYON UNIT 2 VOLUME 48, PAGES 147-148 M.R.N.C.T. 50 75 100 DATE AUGUST. 2011 engineers 1 aditeca I connectors 20 ` City of ■ Corpus Christi wr AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 30, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services E -Mail: Peteancctexas.com Work Phone: 82 Gustavo Gonzalez, P.E., Director of Water Servi JJ E -Mail: Gustavodo@cctexas.com Work Phone: 826-.:8q4 Approval of Salinity Monitoring Contract Award to Conrad Blucher Institute, Texas A&M University— Corpus Christi Project No. 8443 PURPOSE. Motion authorizing the City Manager, or designee, to execute a Monitoring Contract with Conrad Blucher Institute, Texas A&M University Corpus Christi in an amount not to exceed $92,355.00 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2011- 2012. BACKGROUND AND FINDINGS: The contract provides resources necessary to perform monitoring and data collection required by the TCEQ as part of the amendment of the City's reservoir operating plan which allows reduce mandatory water releases. The salinity monitoring is an annual requirement of the amended operating plan. ALTERNATIVES: The monitoring is required by TCEQ. Elimination of the required monitoring requires reconsideration of the permit by TCEQ. TCEQ permit hearings are not limited to individual topics. A permit hearing could result in the imposition of requirements not desirable for optimal water conservation. FINANCIAL IMPACT: o Not Applicable X Operating Expense o Revenue ❑ CIP FISCAL YEAR: 2011-2012 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0.00 92,355 92,355 Encumbered/Expended amount as of 08/30/2012 0 0 This item 0 92,355 0 92,355 BALANCE 0 0 0 0 FUND(S): Water Fund COMMENTS: The contract will result in the encumbrance of $92,355.00 with expenditures of $76,962.50 in FY2011- 2012 and $15,392.50 during FY2012-2013. J: \ G E N\WATER\R I N C O N \2011-2012\C B IAwa rd M e m o. d o cx —163— Page 2 of 2 RECOMMENDATION: Approval of the motion as presented. CONFORMITY TO CITY POLICY: The contracts and selection process complies with the Professional Procurement Act and City Policy. CONSULTANT SELECTION: The Conrad Blucher Institute of Texas A&M University — Corpus Christi has conducted extensive research in the Rincon Bayou, local bays and estuaries. The Blucher Institute is considered the foremost expert in local near shore salinity research. The Institute has existing salinity monitoring stations that will be used to collect the required data. The Institute has conducted the required salinity monitoring for the City since the Reservoir Operating Plan was amended by TCEQ. The contract term is October 1, 2011 through September 30, 2012. A summary of the contract is attached as Exhibit A. EMERGENCY/NON-EMERGENCY: N.A. DEPARTMENTAL CLEARANCES: Water Services and Engineering Services LIST OF SUPPORTING DOCUMENTS: Exhibit A: Contract Exhibit B: Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager J \GEN\WATER\RINCON\2011-2012\CBIAwardMemo.tlocx —164— CONTRACT SUMMARY SERVICES TO BE PERFORMED CBI hereby agrees to perform all consulting services necessary to plan, develop, undertake, complete, and report the results of a study for ongoing salinity monitoring efforts in the Nueces Estuary consisting of four salinity monitoring stations and one tidal/meteorological monitoring station in the Nueces River, Bay, and Rincon Delta. II. SCOPE OF SERVICES CBI's services will be those necessary to provide the monitoring required deliver an annual written report corresponding to station service including: • change of Hydrolab instruments with a freshly calibrated unit when required based on observed marine growth (every 2 to 3 weeks); • report of all stations readings of salinity and water temperature, with Stations SALT01 and SALT03 will also report dissolved oxygen, pH, and water depth; • making all data available in graphical and tabular format on the DNR/CBI website (http://dnr.cbi.tamucc.edu/data) within one hour of the time data were collected; and • making available printable electronic monthly progress reports on the DNR website (http://lighthouse.tamucc.edu/Salinity). CBI will complete the tasks set forth by Section II.A as set forth in the research proposal attached as Exhibit A. A. TASKS CBI will complete the following tasks: Nueces Bay Salinity Monitoring — Freshwater Inflow CBI will conduct Nueces Bay salinity monitoring two (2) monitoring platforms in the bay, one near Whites Point (SALT03) and the other mid bay, near the CPL (AEP) power lines (SALT01), one station in the Nueces River (SALT05), and will continue to monitor a station near the mouth of the Rincon Delta (SALT08) which is no longer sponsored by the City. Parameter measured by CBI will include salinity, conductivity, dissolved oxygen, water temperature, and pH. Station Salt 05 parameters will include salinity, water temperature and water depth only. This is an ongoing project originating in the fall of 1991. The stations are placed in such a manner to track fresh water inflows into Nueces Bay using salinity levels and the indicator. Relief for required freshwater releases may be taken by the City if the salinity levels in Nueces Bay fall below the Upper Salinity Bounds. A daily running report (http://lighthouse.tamucc.edu/salrel) produced by CBI shows the current freshwater relief status. Nueces Delta Diversion Project — Freshwater Inflow CBI will monitor salinity and water level Five salinity monitoring stations along the Rincon Bayou, beginning at the head and ending of Nueces Bay, City has designed and built a diversion channel from the Nueces River into the delta at the head of the Rincon Bayou channel. The diverted river water is designed to flow into the Rincon Bayou and adjacent wetland. UTMSI, HRI, and CCS are presently conducting long-term ecological studies of the effects of this diversion. Nueces Bay Tidal and Meteorological Station The Texas Coastal Oceanic Observation Network (TCOON) operates a tidal/meteorological station (011) in the upper part of Nueces Bay at Whites Point. This station was replaced in the winter of2010 with a new tidal monitoring platform (185) just across the bay, near the mouth of the Nueces River. CBI will use precise water level measurements from this station as a reference for work by the others in the various projects in the bay, river, and delta. Station Service And Maintenance CBI will exchange freshly calibrated Hydrolab units with units on station as required every two to three weeks. CBI will provide post calibration and preparation units for future service. All salinity and dissolved oxygen stations consist of a Hydrolab water quality sonde, a radio, modem, and 12 volt solar power system. CBI may separately contract a maintenance agreement to ensure the continued reliability of the Hydrolab. The maintenance agreement must ensure that the instruments deployed are as good as, or better, than factory standards. J:\GEN\WATER\RI NCON\2011-2012\CBISumExhA.doc -165- Exhibit A Page 1 of 2 Data Collection CBI will program a computer to poll each station every six minutes. Five measurements will be obtained from each instrument, which are then averaged. CBI will place the hourly averages into the database and be reported on the DNR web site. Daily salinity reports are produced showing the running ten and seven day averages as well as the daily average (http://lighthouse.tamucc.edu/salrpt). Monthly salinity in relation to the Upper and Lower Salinity bounds is found at http://dnr.cbi.tamucc.edu/salrel, which is used to determine if the City may take credit from freshwater release from the storage facilities. Instrument Calibration CBI will ensure all calibration standards used are NIST traceable, and purchased from a qualified instrument maintenance company. CBI will use calibration and post -calibration methods established by the manufacturer of Hydrolab. All calibration and post -calibration records are available on the DNR website, http://dnr.cbi.tamucc.edu/calib. CBI will maintain an instrument maintenance agreement with a qualified instrument maintenance firm for each Hydrolab. Each unit will be annually inspected and refurbished. All components of the instrument will be covered under the warranty agreement and replaced as needed. Collaborative Monitoring CBI will provide data to support those research efforts currently being done by others. The continuation of the salinity monitoring program is designed to provide data to support those research efforts currently being done by Center for Coastal Studies (CCS), University of Texas Marine Sciences Institute (UTMSI), Harte Research Institute (HRI), Corps of Engineers (COE), Coastal Bend Bays and Estuaries Program (CBBEP), United States Geological Survey (USGS) and the City. . B. RESEARCH PLAN AND METHODS The specific research plan and methods are set forth in the Research Contract Proposal incorporated as Exhibit A of this contract. C. ORDER OF SERVICES The monitoring period will be for 12 months, from October 1, 2011 through September 30, 2012. III. FEES AUTHORIZED The City will pay CBI a fixed fee not to exceed $92,355 for providing all services for 2011-2012. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II. Budget J:\GEMWATER\RINCON\2011-2012\CBISumExhA.doc -166- Exhibit A Page 2 of 2 FEES 2011-2012 Salaries & Benefits 60,181.00 Equipment/Maintenance 11,350.00 Travel Pool 7,175.00 Computer Supplies 1,800.00 Indirect 11,849.00_ Total 92, 355.00 J:\GEMWATER\RINCON\2011-2012\CBISumExhA.doc -166- Exhibit A Page 2 of 2 File :\Mproject\councilexhibits\exh.8443bdwg. NUECES OVERFLOW CHANNEL / LaBONTE PARK IH 3 RINCON BAYOU NORTH LAKE RIVER F.M. 624 RINCON BAYOU N 1 )-- \ \ j PROJECT LOCATION Z 'W (TYP. MONITORING STATIONS) a RI VER 1- 0 0 U J J 0 U 0 Ir w RI WCC o 0 Y 0 CC Q J CC 0 CITY PROJECT #8443 LOCATION MAP NOT TO SCALE RINCON SALINITY MONITORING - PROJECT No. 8443 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 8-30-2011 NSW SI INS ww 16 7- 21 City of Corpus _ = Chnsti AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 17, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean(aicctexas.com (361) 826-3781 Approval of Construction Contract: Yorktown Boulevard Lighting— Staples Street to Cimarron Proiect No. 6464 PURPOSE: Motion authorizing the City Manager, or designee, to execute a service agreement with American Electric Power (AEP) in the amount of $ 93,082.34 for the installation of Yorktown Boulevard Street Lighting between Staples Street and Cimarron Boulevard (Bond Issue 2008). BACKGROUND AND FINDINGS: The Yorktown roadway project between Cimarron Boulevard and Staples Street Will be completed by November 2011. Improvements to Yorktown Boulevard consist of reconstructing a widening to a four -lane divided urban arterial street with a bicycle lanes, including curb and gutter, driveways, storm water, water, and pedestrian improvements. Associated improvements include, off-site storm water, pavement markings, signage, and street lighting. American Electric Power (AEP) will provide services to install lighting along the raised median on Yorktown Boulevard. The lighting project will consist of installing twenty-two (22) forty foot concrete poles each with dual street light lamps equipped with 250 watt high pressure sodium (HPS) bulbs. ALTERNATIVES: 1) Provide lighting only at street intersections. 2) Provide additional lighting. OTHER CONSIDERATIONS: Not Applicable —171— FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue X CIP FISCAL YEAR: 2011-2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $0 $93,082.34 $0 $93,082.34 Encumbered/Expended Amt. $0 $0 $0 $0 This item $0 $93,082.34 $0 $93,082.34 BALANCE $0 $0 $0 $0 FUNDS (S): 550840-3546-00000-170321 Comments: This project will improve driver's night visibility; resulting a safer condition for motorist, pedestrians, and motorist. The anticipated completion date for this project is November 2011. RECOMMENDATION: Traffic Engineering recommends that the service agreement with American Electric Power (AEP) be authorized in the amount of $93,082.34 for the roadway lighting of Yorktown Boulevard, CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY 2011-12 Capital Budget. EMERGENCY/NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable LIST OF SUPPORTING DOCUMENTS: Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —172— SCALE: N.T.S. LIPES BLVD YORKTOWN BLVD YORKTOWN BLVD, IGHTING PROJECT n MARRON BLVD. 3 3 3 0 3 '/ PROJECT: 6464 SUBJECT: YORKTOWN LIGHTING Traffic Engineering Div, Engineering Services Dept. -173- 22 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting ofAugust 30, 2011 DATE: August 15, 2011 TO: Ronald L. Olson, City Manager �j FROM: Pete Anaya, P.E., Director of Engineering Services r r'( peteanacctexas.com (361) 826-3781 Michael Morris, Director of Parks and Recreation 11 ?{'( michaelmo(acctexas.com, (361) 826-3464 Approval of Construction Contract: Padre Youth Football and United Kickball New Restrooms— E10058 & E10060 PURPOSE: Motion authorizing the City Manager or designee to execute a construction contract with Elite General Contractors, LLC. of Corpus Christi, Texas, in the amount of $358,900.00 for Padre Youth Football New Restroom and United Kickball New Restroom (Bond Issue 2008). BACKGROUND AND FINDINGS: This project consists of all work for two new restroom buildings of approximately 777 square feet each. Construction shall be masonry walls, concrete floor, asphalt shingle roof, including fixtures and necessary site work. On June 8, 2011, the City received proposals from four (4) bidders and their respective bids are as follows: Contractor Base Bid Elite General Contractors, LLC. Corpus Christi, TX $358,900.00 Barcom Commercial, Inc. Corpus Christi, TX $438,951.00 Largin Construction Services, LLC. Corpus Christi, TX $485,500.00 Safenet Services, LLC. Corpus Christi, TX $525,200.00 ALTERNATIVES: This project was bid with only a base bid, so there are no alternative bid options to award. 1. The Council options are to award this contract to the low bidder (Elite General Contractors, LLC.) or 2. Not award contract. —177— J:\GEN CLARISSAPParks\E10058 & E10060. Padre Youth Football and United Kickball New Restroom Agenda Item \E10058 & E10060 Executive Summary.docx FINANCIAL IMPACT: o Not Applicable o Operating Expense ❑ Revenue X CIP FISCAL YEAR: 2011-2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $0.00 $471,953.50 $0.00 $471,953.50 Encumbered/Expended Amt. $0.00 $28,712.00 $0.00 $28,712.00 This item $0.00 $358,900.00 $0.00 $358,900.00 Other Anticipated Expenditures $0.00 $84,341.50 $0.00 $84,341.50 BALANCE $0.00 $0.00 $0.00 $0.00 FUNDS (S): Parks and Recreation Comments: This project will improve existing conditions at youth sports center fields resulting in safer conditions and a more enjoyable experience for City residents. This project was approved by voters in the November 2008 bond election. RECOMMENDATION: City staff and Chuck Anastos Associates, LLC., recommend that the contract be awarded to Elite General Contractors, LLC. of Corpus Christi, Texas, in the amount of $358,900.00 for the Base Bid only. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY 2011-12 Capital Budget. EMERGENCY / NON -EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES Parks and Recreation LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —178— J:\GEN CLARISSAJ\Parks\E10058 & E10060 - Padre Youth Football and United Kickball New RestroomlAgenda Item\E1005S & E10060 Executive Summary.docx PROJECT BUDGET PADRE YOUTH FOOTBALL AND UNITED KICKBALL NEW RESTROOMS (BOND 2008) Project No. E10058 & E10060 August 30, 2011 FUNDS AVAILABLE: Parks and Recreation CIP (Bond 2008) $471,953.50 FUNDS REQUIRED: Construction (Elite General Contractors, LLC.) $358,900.00 Contingencies $35,890.00 Consultant Fees: Consultant (Chuck Anastos Associates, LLC.) $28,712.00 Materials Testing $7,178.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Construction Inspection Finance Issuance Misc. (Printing, Advertising, etc.) $9,869.75 $12,561.50 $12,561.50 $4,486.25 1,794.50 TOTAL $471,953.50 ESTIMATED PROJECT BUDGET BALANCE 0.00 —179— Mproject\councilexhibits\exhE10058-10060. dwg LOCATION MAP NOT TO SCALE PROJECT #10058 LOCATION PROJECT #10060 LOCATION VICINITY MAP PROJECT #E10058 & E10060 NOT TO SCALE Padre Youth Football New Restroom and United Kickball New Restroom (BOND 2008) _180 - CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 8/30/2011 wr 23 ` City of ■ Corpus Chnsti 2nd Reading Ordinance AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: August 23, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services constancep@cctexas.com (361) 826-3227 Ordinance setting the FY11-12 Ad Valorem (Property) Tax Rate PURPOSE: Ordinance setting a property tax rate of $0.570557 per $100 valuation; prescribing the property taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2011 and for each succeeding year thereafter until otherwise provided and ordained and such other years as the same may be applicable. BACKGROUND AND FINDINGS: The Texas Property Tax Code states that the governing body of the taxing unit should adopt a property tax rate before the later of September 30th or the 60th day after the taxing unit receives the appraisal roll. The rate will be comprised of two components: the rate needed to support the city's debt service ($0.190218/$100) and the rate needed to support the city's maintenance and operations expenditures ($0.380339/$100) for FY 2011-2012. Additionally, Section 26.09(e) of the Code requires the assessor to submit the unit's tax levy to the governing body for formal approval. The Nueces County Tax Assessor should have the certified levy calculation completed by the end of the September, at which time it will be presented to City Council for approval. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a —183— FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense x Revenue o CIP FISCAL YEAR: Project to Date Exp. (CIP only) Current Year Future Years TOTALS Budget -General Fund - $ 50,028,246.16 - ' $50,028,246.16 Budget -Debt Service Fund - $ 25,608,932.48 - $25,608,932.48` Budget -Reinvestment Zone#2 - $ 1,668,193.00 - $ 1,668,193.00, Budget -Reinvestment Zone #3 - $ 69,023.00 - $ 69,023.00 Encumbered/Expended amount of (date) - -- - This item - $ 77,374,394.64 - $77,374,394.64 BALANCE - $ 77,374,394.64 - $77,374,394.64 FUND(S): 1020 "General Fund" 2010 "Debt Service Fund" 1111 "Reinvestment Zone #2" 1112 "Reinvestment Zone #3" COMMENTS: In accordance with the Texas Property Tax Code, once a taxing entity adopts its ad valorem tax rate, the tax assessor then provides the certified tax levy to the entity. This certification is anticipated to be received from the Nueces County Tax Assessor on or before September 30, 2011 and represents the anticipated property tax revenue that the City of Corpus Christi will be receiving during fiscal year 2011-2012. If the levy generates revenue that is materially different from what was budgeted by the City of Corpus Christi for fiscal year 2011-2012, then City staff will bring a budget amendment to the City Council to account for the variance in revenue. Also at that time, the certified tax levy will be submitted to City Council for approval. RECOMMENDATION: Staff recommends City Council approval of the Ordinance as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy and the "Truth -in -Taxation" guidelines in the adoption of the ad valorem tax rate. EMERGENCY/NON-EMERGENCY: This ordinance requires two readings. The second reading is scheduled for August 30, 2011. -184- DEPARTMENTAL CLEARANCES: Office of Management and Budget LIST OF SUPPORTING DOCUMENTS: Ordinance cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —185— 1 AN ORDINANCE SETTING A PROPERTY TAX RATE OF $0.570557 PER $100 VALUATION; PRESCRIBING THE PROPERTY TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX YEAR 2011 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS THE SAME MAY BE APPLICABLE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2011 as follows: $0.380339 for the purpose of maintenance and operation 0.190218 for payment of principal and interest on debt $0.570557 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. SECTION 2: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2011 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.380339 on each One Hundred Dollar value thereof, on all property, real, personal, and mixed, located within the said City of Corpus Christi, upon which a tax is authorized to be levied by law, and upon all franchises of all individuals, partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3: That there is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas for the tax year 2011 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.190218 on each One Hundred Dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided J:\LISA\2011 Ordinance\Ord-Ad Valorem Tax Rate 2011_August 23, 2011.DOC —186— 2 for, and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: ANNUAL DEBT SERVICE DUE FY 2011-2012 J:\LISA\2011 Ordinance\Ord-Ad Valorem Tax Rate 2011_August 23, 2011.DOC —187— Principal Interest & Fees Other Amounts to be Paid Total 2001 General Obligation $ 3,850,000 $ 744,631 $ 4,935 $ 4,599,566 2001A General Obligation 135,000 6,750 173 141,923 2002 Certificates of Obligation 1,380,000 1,109,140 1,769 2,490,909 2003 General Obligation 0 86,463 0 86,463 2004 Certificates of Obligation 295,000 234,865 378 530,243 2004 General Obligation 165,000 8,250 211 173,461 2005 General Obligation 3,270,000 3,764,713 4,191 7,038,904 2005 Certificates of Obligation 290,000 618,379 372 908,751 2006 Certificates of Obligation 395,000 811,144 506 1,206,650 2007 Certificates of Obligation 103,752 94,786 133 198,671 2007 General Obligation 165,000 150,238 211 315,449 2007A General Obligation 1,250,000 1,203,263 1,602 2,454,865 2008 Tax Notes 1,025,000 151,360 0 1,176,360 J:\LISA\2011 Ordinance\Ord-Ad Valorem Tax Rate 2011_August 23, 2011.DOC —187— 3 In addition to the ad valorem tax levy totaling $75,637,178, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2011 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2012, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. J:\LISA\2011 Ordinance\Ord-Ad Valorem Tax. Rate 2011_August 23, 2011.DOC —188— Principal Interest & Fees Other Amounts to be Paid Total 2008 Certificates of Obligation $230,000 $575,450 $295 $805,745 2009 General Obligation 3,205,000 3,612,863 4,108 6,821,971 2009 Certificates of Obligation 285,000 324,144 365 609,509 2010 General Obligation 485,000 505,050 622 990,672 2010 Certificates of Obligation 100,000 116,776 129 216,905 2011 General Obligation 0 1,163, 750 0 1,163, 750 Total required for 2011 debt service $16,628,752 $15,282,015 $20,000 $31,930,767 Less: Amount paid from unencumbered fund balance 950,000 Less: Transfers for self- supporting debt 7 010,707 Total to be paid from taxes in 2011 $23,970,060 In addition to the ad valorem tax levy totaling $75,637,178, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the tax year 2011 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2012, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. J:\LISA\2011 Ordinance\Ord-Ad Valorem Tax. Rate 2011_August 23, 2011.DOC —188— 4 SECTION 5: If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. JALISA\2011 Ordinance\Ord-Ad Valorem Tax Rate 2011_August 23, 2011.DOC —189— 5 That the foregoing ordinage was read f r the first time and passed to its second reading on this the — day of 7/..4 1- , 2011, by the following vote: Joe Adame 0 David Loeb Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal 4 John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: SII Lisa Aguilar, Assistant City Attorney for the City Attorney Joe Adame Mayor J:\LISA\2011 Ordinance\Ord-Ad Valorem Tax Rate 2011_August 23, 2011.DOC –190– 24 City of Corpus Christi c neaning urmnance AGENDA MEMORANDUM for the City Council Meeting of August 23, 2011 DATE: 08/23/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Ordinance Authorizing Execution of a License Agreement to Operate Bayfront Park Kiosk (Request for Proposal No. BI -0011-11) PURPOSE: Ordinance authorizing the city manager or designee to execute a license agreement with Amarillo Sports Services, Inc. d/b/a/ Game Time Food & Beverage Services (Game Time) for operation of the Bayfront Park Kiosk. BACKGROUND AND FINDINGS: The City of Corpus Christi recently completed construction of a five -acre park at the north end of Shoreline Drive, adjacent to the American Bank Center and overlooking Corpus Christi Bay. At the north end of the park is a 478 square foot kiosk. The recommended vendor will operate the kiosk as a food concession offering snacks and drinks to the park's visitors and the general public during spring break and the summer months. Request for Proposal BI -0011-11 was issued. Proposals were received from two proposers, one of whom, SnowBall Wizard, was determined to be ineligible for consideration as the City's Code of Ethics prohibits an employee from having an interest in any contract with the City. A license agreement was negotiated with Game Time. This is a revenue contract that will not result in expenditure of City funds. The license fee to be paid to the City is structured as follows: 0% on gross sales, less sales tax, of $0 to $10,000 per month 8% on gross sales, less sales tax, in excess of $10,000 per month. ALTERNATIVES: In lieu of using the kiosk to provide a food concession service, the space may be used as a visitors' information center. However, a food concession not only provides food service, but also serves as an additional amenity available to park visitors and the general public. FINANCIAL IMPACT: o Not Applicable o Operating Expense x Revenue o CIP FISCAL YEAR: (CIP Only) Year Years TOTALS Budget 0.00 Encumbered/Expended amount as of (7/12/11) 0.00 This item 0.00 BALANCE 0.00 FUND(S): —193— RECOMMENDATION: Staff recommends authorizing award of a license agreement with Amarillo Sports Services, Inc. d/b/a/ Game Time Food & Beverage Services for operation of the Bayfront Park Kiosk. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Parks & Recreation. LIST OF SUPPORTING DOCUMENTS: Summary Evaluation Matrix attached. cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management & Budget Margie Rose, Assistant City Manager Michael Morris, Director of Parks & Recreation Pete Anaya, Director of Engineering —194— CITY OF CORPUS CHRISTI PURCHASING DIVISION Request for Proposal No.: BI -0011-11 Bayfront Park Kiosk Summary Evaluation Matrix Maximum Evaluation Criteria Score Technical Solution 20% Proposer's Profile & Qual. 25% Pricing 50% Exceptions 5% Total Score 100% AMARILLO SPORTS SERVICES, INC. D/B/A GAME TIME FOOD & BEVERAGE SERVICES Buffalo Grove, Illinois 15.6% 23.8% 50.0% 3.5% 92.9% -195- Ordinance authorizing the City Manager or designee to execute a License Agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services for operation of the Bayfront Park Kiosk. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Manger or designee is hereby authorized to execute a License Agreement with Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services for operation of the Bayfront Park Kiosk. -1 9 6- That the foregoing o�r ,i�ri�ce was ead for the first time and passed .to its second reading on this the �3 _day of �i� -,,y , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: 8 - I % , 2011. By: Brian Narvaaez� Assistant City Attorney For City Attorney -197- BAYFRONT PARK KIOSK AGREEMENT Between the City of Corpus Christi and Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services 0 c State of Texas County of Nueces KIOSK AGREEMENT J a acs r a THIS AGREEMENT is entered into by and between Amarillo Sports Services, Inc. d/b/a Game Time Food & Beverage Services ("Licensee") a Texas Corporation ( — • •• • ) and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation ("City"), by and through its duly authorized City Manager, each of whom agrees as follows: .. • FOR AND IN CONSIDERATION of the mutual terms, covenants, and conditions herein, City hereby grants to Licensee the license to operate the Bayfront Park Kiosk. The parties intend that a license, not a lease, easement or any other interest in real property be created hereby and Licensee acknowledges he/she is not receiving any interest in real property by this Agreement. Except as expressly otherwise provided herein, the rights granted under this license are exclusive. AGREEMENT 1. TERM. The term of this Agreement shall commence on the date signed by the last signatory hereto and shall continue for one year thereafter, with an option to extend for up to two additional one-year periods, subject to the approval of the City Manager or his designee ("Term"). The City reserves the right to re -negotiate the Kiosk Fee during the extension process. At any time during the Term of this Agreement, City shall have the right to terminate this Agreement upon thirty (30) days' prior written notice to Licensee. The term "Term" as used in this Agreement shall include any and all extension periods. 2. USE. 2.1 Use of Licensed Property. Licensee shall use the Licensed Property and the Facilities for only the following purposes: DP4!9VH3 J(Id (a) Operation of Facilities for Group Use. Operation and maintenance of the Licensed Property and the Facilities for group use, by reservation only, for picnics, barbecues, recreational games and similar events. —198— (b) Food Services. Operation and maintenance of food services, including serving, selling, vending and dispensing popcorn, potato chips, ice cream, hot dogs and hamburgers,candy and similar merchandise and light lunches. The sale of alcoholic beverages at the Licensed Property is strictly prohibited. Licensee shall submit its proposed menu and list of merchandise to City for City's approval, which approval shall not be unreasonably withheld. During the Term, Licensee shall not make any major changes to such menu or list of merchandise as approved by City, without first obtaining City's approval, which shall not be unreasonably withheld. (c) Catering. Operation and maintenance of a catering service for food preparation for large groups at the Licensed Property. Licensee may, at its discretion, perform the food preparation itself or contract with a third -party to perform such services. (d) Promotion. Promotion of the Licensed Property and the Facilities through publicity, special events and contacts with schools and large group users, all at Licensee's expense and with City's prior written approval. Promotional material must include acknowledgement that facilities are located on CITY OF CORPUS CHRISTI land. 2.2 Days and Hours of Operation of the Licensed Property. Licensee's business at the Licensed Property shall maintain the following hours: The Kiosk shall offer seven -day -a -week operation from 11:00 a.m. to 8:00 p.m. beginning Memorial Day weekend and continuing through Labor Day, as well as during the two weeks comprising Spring Break. Modifications to this schedule as well as establishing days and hours of operation outside these time frames must be approved by the Director of Parks and Recreation, or his designee, prior to any such modification being implemented by Licensee. 2.3 Facility Manager. Unless Licensee personally serves in such capacity, Licensee shall hire and assign a full-time, qualified, experienced facility manager for its operations. Said facility manager will have no other duties or responsibilities and will be physically available during reasonable operating hours. The qualifications of said facility manager shall be submitted to the City upon request During the hours when the manager is not on duty or available, there shall be a designated assistant manager. The manager and assistant manager shall be the authorized representatives of the Licensee -and entitled to act in all matters relating to the operation of the facility assigned hereunder. The City shall be advised in writing of the names of the manager and assistant manager. Tenant shall provide telephone numbers of the manager and assistant manager or other representatives in order that the City many communicate quickly with representatives during emergencies or other unusual circumstances. 2.4 Licensee's Employees. All employees shall be fully trained and qualified to perform the duties assigned to them and shall perform such duties in an efficient and courteous manner. If any employee of Licensee fails to so perform his/her duties, Licensee shall take any and all appropriate action to discipline such employee, including, without limitation, dismissal of such employee. If Licensee fails to take such action and such employee continues to perform his/her duties in a manner inconsistent with the standards set forth herein, Licensee shall, upon City's demand, dismiss such employee. —199— All of Licensee's employees shall be appropriately attired to distinguish such employees from members of the public. 2.5 Rates and Charges. Prior to the commencement of this Agreement, and thereafter upon City's request, Licensee shall submit to City a schedule of the rates and prices Licensee shall charge the public for goods. If City reasonably disapproves any such price, Licensee shall modify such price schedule as directed by City. Licensee shall post its rates and prices for goods in such places on the Licensed Property as City may designate. 2.6 Quality of Licensee's Services. (a) Licensee shall conduct its operations in an orderly manner and so as not to annoy, disturb or offend customers, patrons or others on the Property. (b) Licensee shall control the conduct, demeanor and appearance of its officers, members, employees, agents, representatives, customers and patrons, and, upon objection of the City concerning the conduct, demeanor or appearance of any such person, Licensee shall immediately take all necessary steps to remedy the situation. (c) Licensee shall furnish good, prompt and efficient service, adequate to meet all reasonable demands therefor. (d) Licensee shall serve only the best quality products obtainable for the type of service offered. (e) City reserves the right to prohibit the sale, rental or use by Licensee of any article or item which City regards as objectionable, unnecessary or of inferior quality for proper service to the public. (f) Licensee shall not store food, supplies, equipment or any other item outside of a structure on the Licensed Property, except as specifically approved in writing by City at its sole discretion. (g) Licensee's personnel may drive private vehicles into areas near the Kiosk in which non -City vehicles are prohibited, only as required for loading and unloading items used to operate the Licensed Property. (h) Notwithstanding (g) above, Licensee shall use its best efforts to arrange for all food, supplies and other items needed for operation of the Licensed Property to be delivered by the fewest possible vehicles. Licensee shall use its best efforts to minimise the disruptions and amount of traffic in the immediate area of the Kiosk that would result from numerous deliveries. (i) Licensee shall not install, use or permit to be operated or used on the Licensed Property any public address equipment, television equipment, juke box, radio, loudspeaker or other noise - producing equipment, except as specifically approved by the City, at its sole discretion. Audio equipment may be used only during periods when patrons or customers have reserved the area, —200— 2.6 Compliance with Laws. Licensee shall comply with all laws concerning the Licensed Property or Licensee's use of the Licensed Property. The judgment of any court of competent jurisdiction or the admission by Licensee in any action or proceeding against Licensee that Licensee has violated any laws in the use of the Licensed Property shall be deemed to be conclusive determination of that fact between City and Licensee, even though City is not a party to such action or proceeding. 2.7 Other Limitations on Licensee's Use of Licensed Property. Licensee shall not use the Licensed Property for or permit in or upon the Licensed Property any of the following: (i) any nuisance or offensive, noisy or dangerous trade, business, manufacture or occupation; (ii) any activity which violates public policy; or (iii) any auction, liquidation, fire or bankruptcy sale. Licensee agrees not to cause, permit or suffer any waste to the Licensed Property. 2.8 Exterior Displays. Licensee shall not, without prior written approval of City, keep, display, sell or permit the display or sale of any merchandise outside of any building located in the Licensed Property unless there is prior approval by City. 2.9 Coin -Operated and Other Machines. Licensee shall not install, maintain, use or allow in or upon the Licensed Property any pinball machines, coin-operated music machine, video machines or other coin-operated amusement devise of any kind or character without prior written approval of the City. If Licensee violates the provisions of this Section 2.9, City may, in addition to its other rights and remedies, enter the Licensed Property and remove and store, or otherwise dispose of, any such machines and devices at the expense of Licensee. 2.10 Storage of Refuse. (a) Licensee shall cause all refuse and trash to be promptly removed from the Licensed Property and shall not allow refuse, garbage or trash to be stored outside of any building on the Licensed Property except in a screened area in a location reasonably approved by City. City will provide a dumpster and disposal of the contents. Licensee must not dispose of toxic or hazardous materials, as defined by the Environmental Protection Agency, in the dumpster. (b) Grease Trap. Licensee will clean, or have cleaned, the grease traps on no less than a monthly basis or more often if deemed necessary, and will properly dispose of or ensure proper disposal of the contents of the grease trap. 2.11 Miscellaneous Use Requirements. (a) Health Department Requirements. Licensee shall, at its own expense, correct any deficiencies at the Licensed Property as required by the City of Corpus Christi Health Department and the Nueces County Health Department. (b) Condition of Premises. Licensee shall immediately report in writing to City any observable defects in or about the Licensed Property which could foreseeably lead to personal injury or further. property damage. Licensee shall at all times be alert to detection of such defects and shall report them promptly upon observation. City may, at its option, provide a form for such reports from time to time. —2 01— (c) Patterns of Public's Use of Licensed Property. Licensee shall, from time to time, supply written notice to City of observed patterns of use of the Licensed Property by members of the public, with special reference to undesirable, dangerous or questionable situations or conditions that might reasonably merit review by City, but which are not of an emergency nature. (d) Emergency. Notwithstanding the foregoing, if Licensee becomes aware of any act of vandalism or of any casualty, or any other condition involving imminent danger of loss of life or injury to persons or public property, Licensee shall immediately report same to the Corpus Christi Police Department; provided, however, in addition to Licensee's obligation to notify the Corpus Christi Police Department, if Licensee or its employees are at the Licensed Property at the time of the occurrence of any emergency situation, Licensee shall take whatever steps are reasonably necessary to protect City and its property. (e) Protection of Kiosk Facility. Licensee recognizes that the Licensed Property is located within Bayfront Park, a city park owned, operated and maintained by City as an essential part of its system for furnishing recreation and open space for use by the citizens of Corpus Christi. Licensee agrees not to interfere in any way with City's activities: (i) to protect the property of City from destruction by erosion, fire or improper use, and (ii) to protect the public at all times from hazards. 2.12 Pest Control. Licensee will provide pest control services to the Premises and Seating Area at least monthly and must notify the Contract Administrator at least two (2) business days prior to any pesticide application. 3. LICENSE FEES; PAYMENT; REPORTS; RECORDKEEPING. ^di ee hall in oz b %ze q 4� tla ;of each month, remit payment to the Contract Administrator, for the prior month, and provide to the Contract Administrator, on or before the 10th day of each month, for the prior month, the Licensee shall remit payment and provide a completed monthly report (attached as "STATEMENT OF GROSS REVENUES") enumerating the Gross Receipts; sales taxes and corresponding Kiosk Fee that are certified by a duly authorized officer of Licensee and shall be remitted to the Director of Parks & Recreation 3.2 Definition of Gross Receipts. The term "gross receipts" shall mean the dollar aggregate of the advance deposits for reservations and of the selling prices of all goods and merchandise sold, leased, licensed or delivered at or from the Licensed Property by Licensee, its permitted licensees or concessionaires, whether made for cash, check, credit account, debit account, exchange, coupon redemption, or otherwise, and shall include, without limitation, sales, rentals and services where the orders originate or area accepted by Licensee at the Licensed Property, even though delivery or performance is made from elsewhere, and where orders originate outside of the Licensed Property, but delivery or performance of such orders is made from the Licensed Property, and shall also —202— include sales made by means of mechanical or other vending devices on the Licensed Property. It shall be a condition of any such permitted license, concession or other arrangement that such gross sales clear through Licensee's books and records so that Licensee shall be in a position to render full and complete reports as required by this Agreement. Gross receipts from business conducted in cooperation with any of City's other concessionaires or licensees shall be included either in such other concessionaire's or in Licensee's gross receipts, as City shall direct, but not both. Each charge or sale upon credit shall be treated as a sale in each month during which any deposit, fee, advance payment or other payment is received, to the extent of each such payment. Licensee may accept payments attributable to a sale of goods or services for use beyond the term of this Agreement if Request for Proposals and selection process goes beyond the end date of this agreement or any extension hereof. These payments shall be held in a City account pending the appointment of a new Licensee. In this case, Licensee agrees that these deposits or advance payments are turned over to any new Licensee chosen. 3.3 Net Receipts. The following items may be deducted from gross receipts in determining net receipts, but only to the extent that they have been included in gross receipts: (a) the amount of any city, county, state or federal sales, use or excise taxes on sales or services rendered from the Licensed Property where such taxes are added to the selling price, are stated separately and are paid by Licensee directly to the taxing authority; (b) the net amount of cash refunds made by Licensee of funds previously paid to Licensee and reported in gross sales on account of either (i) cancellation of a rental reservation, or (ii) the food or merchandise, or part of it, returned by the purchaser to, and accepted by, Licensee (but not exceeding in any instance the amount of the selling price of the item in question); (c) exchanges or transfers of food or merchandise between stores of Licensee, where such exchanges or transfers are made solely for the convenient operation of Licensee's business and do not have the effect of consummating elsewhere a sale which has in fact been made at or from the Licensed Property; (d) returns to shippers and manufacturers; (e) sales of fixtures after their use in the conduct of Licensee's business at the Licensed Property as permitted by this Agreement; (0 sums and credits received in the settlement of claims for loss or damage to food and merchandise; and (g) receipts from public telephones, stamp machines, public toilet locks or vending machines installed solely for the use of Licensee's employees. No exclusion or deduction shall be allowed for uncollectible accounts receivable or other extensions of credit. 3.4 Recordkeepinq: Inspection. Licensee shall keep, at Licensee's office, full and accurate books of account, cash receipts and other pertinent data customarily used in Licensee's type of operation, /L✓ —203— X showing Licensee's activities under this Agreement, including, without limitation, Licensee's gross receipts ("Recordkeeping"). Licensee shall utilize only those recording machines or records, including, without limitation, cash registers, tapes, books, ledgers, journals, sales slips, guest checks, invoices and cash register maintenance logs, which are acceptable to City and by which every sale and other transaction made from the Licensed Property shall be recorded. Licensee shall keep such books of account, cash receipts and other pertinent data for a period of not less than three years following the end of each year of the Term of this Agreement. City and its authorized representatives shall have the right to examine any of Licensee's records kept at a location different from the Licensed Property. If such location is outside the area of City's jurisdiction, Licensee shall pay all costs of City's travel and other costs associated with any examination of records at such a location. Licensee shall fully cooperate with City in making any such inspections and examinations and shall provide City, its employees, agents and representatives with adequate and convenient facilities therefor. City shall also be entitled, once in any year during the Term of this Agreement, and once after expiration or termination of the Term, to an audit of the books of account, cash receipts, records and other pertinent data showing business done by Licensee on the Licensed Property, to be made by a certified public accountant to be designated by City. If any audit shows that there is a deficiency in the payment of License Fees, the deficiency shall become immediately due and payable. The costs of such an audit shall be paid by City unless an audit discloses that Licensee understated gross receipts by two percent (2%) or more, or discovered recordkeeping inadequacies which, in the opinion of the auditors, could result in the understatement of gross receipts by two percent (2%) or more, in which case Licensee shall pay all of City's costs of audit. The acceptance by City of any monies paid to City by Licensee as License Fees, as shown by any statement furnished by Licensee, shall not be an admission of either (i) the accuracy of such statement, or (ii) the sufficiency of the amount of the License Fees. Recommendations to improve Recordkeeping made by the auditor and approved by City shall be implemented by Licensee. Any audit undertaken on behalf of City to determine any overdue amount(s) shall be in addition to audits allowed and shall be at the cost of Licensee. Extra expense of audit due to inaccurate or inadequate recordkeeping shall be at the cost of the Licensee. 3.5 No Partnership Formed. City is not, and shall not in any way or for any purpose become, an agent, partner or joint venturer of Licensee in its business or otherwise. 3.6 Taxes. (a) Taxes on Licensee's Personal Property. Licensee shall pay, before delinquency, all taxes, assessments, license fees and other charges that are levied and assessed on Licensee's personal property, major maintenance performed by Licensee and/or Licensee's trade fixtures. 3.7 Late Charge. Licensee hereby acknowledges that late payment by Licensee to City of any License Fee or other sum payable by Licensee pursuant to this Agreement will cause City to incur costs not contemplated by this Agreement, the exact amount of which would be extremely difficult and impracticable to ascertain. Such costs include, without limitation, processing and accounting —204— x/ charges, personnel costs and late charges which may be imposed on City by the terms of any indebtedness secured by the Licensed Property. Accordingly, if City does not receive any License Fee or any other sum owed by Licensee on or before the fifth (5th) day following its due date, Licensee shall pay to City a late charge equal to ten percent (10%) of any such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs City will incur by reason of late payment by Licensee. Acceptance of such late charge by City shall in no event constitute a waiver of Licensee's default with respect to such overdue amount, nor prevent City from exercising any of its other rights and remedies. 3.8 Interest. In addition to the late charges provided in Section 3S, any License Fee or sum due hereunder not paid within 10 days after City has sent notice to Licensee, shall bear interest from the eleventh day at the rate of fourteen percent (14%) per annum, or the applicable maximum legal rate of interest, if any, whichever rate is lower, until paid. 4. REPAIR AND MAINTENANCE; CAPITAL MAINTENANCE FUND. 4.1 Routine Repair and Maintenance. Licensee shall, at its own cost and expense, conduct the routine maintenance and repair necessary to maintain the Licensed Property and the Facilities in good condition and repair during the Term. Such routine maintenance and repair shall include, without limitation, cleaning and painting (under $300) of the Licensed Property and the Facilities, repair and replacement of minor parts and components, and routine landscaping, such as trimming, watering and weeding, on the Licensed Property. 4.2 Liens; Non -Responsibility. (a) Licensee shall not suffer or permit any mechanics', materialmen's or other liens to be filed against the Licensed Property and/or the facilities. (b) Non -Responsibility. Nothing in this License Agreement shall be deemed in any way to constitute the consent of City, express or implied to the performance of any labor or the furnishing of any materials for any improvement, alteration, repair or replacement of the building and improvements on the Licensed Property by any contractor, subcontractor, laborer or materiahnan, nor as giving Licensee any right, power or authority to contract for, on City's behalf, the rendering of any services or the furnishing of any materials. 5. SIGNS AND ADVERTISING. 5.1 City's Approval of Signs. Licensee, at Licensee's sole cost and expense, may install and maintain on the exterior of the buildings located on the Licensed Property or at other location(s) within the Bayfront Park, only those sign(s) of the type, color, type, size and location approved in writing by City, in City's sole discretion. / y —205— (\K 5.2 Other Advertising Devices. Licensee shall not permit or cause to be used at the Licensed Property or elsewhere in Bayfront Park any advertising device such as phonographs, radios, public address systems, sound production or reproduction devices, excessively bright lights, changing, flashing, flickering or moving lights or any similar devices, which shall be visible from outside the building(s) located on the Licensed Property without City's prior written approval, which may be withheld in City's sole discretion. 5.3 Removal of Signs. If, at any time or from time to time, City shall object to any item or sign displayed by Licensee on the Licensed Property, City shall notify Licensee and Licensee shall, at its own expense, immediately remove the sign or item to which City objects. If Licensee fails to remove such objectionable item(s) from the Licensed Property, City shall have the right, but not the obligation, to enter the Licensed Property to remove and store or otherwise dispose of such objectionable item(s) at Licensee's expense. 5.4 Advertising. During the Tenn of this Agreement, Licensee shall have the right to use the name `Bayfront Park' in advertising its business, only as such business is conducted at the Licensed Property; provided, however, that Licensee shall not acquire any right to or interest in any name or distinctive designation which is, or may become, identified with the Licensed Property or the Bayfront Park. Licensee's right to use the name of the Bayfront Park shall terminate upon the expiration or termination of this Agreement. City shall have the right to change the name of the Bayfront Park at any time and from time to time, at City's sole discretion. 6. UTILITIES. In return for part of the consideration, City will provide Licensee water, wastewater, gas, electricity and the same lighting, heating, cooling and ventilation as generally provided at the Kiosk located in Bayfront Park. Licensee shall provide its own telephone and cable/satellite television service. City makes no representation or warranty as to the availability of any such utilities or services at the Licensed Property. 7. INDEMNIFICATION. Licensee shall indemnify and hold harmless City, its officers, employees, or agents ("Indemnitees") from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses and judgments recovered from or asserted against City on account of injury or damage to person or property to the extent the damage or injury may be incident to, arise out of or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence or misconduct on the part of Licensee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises or any Improvements thereon pursuant to this Agreement with the expressed or implied invitation or permission of Licensee (collectively "Licensee's Invitees") or when any the injury or damage is the result, proximate or remote, of the violation by Licensee -206- or Licensee's Invitees of any law, ordinance or governmental order of any kind, or when the injury or damage may in any other way arise from or out of the Improvements located on the Premises herein or out of the use or occupancy of the Improvements to the Premises or the Premises itself by Licensee or Licensee's Invitees. Licensee covenants and agrees that in case City shall be made a party to any claim or litigation against Licensee or in any claim or litigation commenced by any party, Licensee shall defend City, with counsel satisfactory to City, upon receipt of notice regarding commencement of the claim or litigation. 8. INSURANCE. The Licensee must obtain and maintain the minimum insurance listed in Request for Proposal Number BI -0011-11 for the period of the Agreement at its own expense and use an insurance company or companies acceptable to the Contract Administrator and must famish the Contract Administrator with a Certificate of Insurance evidencing that such insurance is in effect. The Certificate must specify parties who are additional insured and must indicate endorsements which are specifically included or excluded. Such Certificate and insurance must not be canceled, materially changed or not renewed without 30 days prior written notice to the Contract Administrator. A copy of all insurance policies will be provided to the Contract Administrator upon his/her written request. 9. DESTRUCTION. In the event of destruction, loss or damage by fire or other casualty of any improvements or fixtures on the Premises, which in the reasonable opinion of City cannot be repaired or restored in ninety (90) days, City may terminate this Agreement, by written notice, effective the date of such loss. In the event of such termination, insurance proceeds shall be used to demolish and clear the damaged improvements and the balance thereof shall be retained by Licensee if such damaged improvement was installed by Licensee. In the event of such destruction, loss or damage, and this Agreement is not terminated under this paragraph, any buildings, improvements, or fixtures constructed by Licensee shall be replaced by Licensee at Licensee's sole cost and expense or, if appropriate, for purposes of Licensee and satisfactory to City, other facilities may be substituted for such facilities. 10. ASSIGNMENT AND SUBLETTING. Licensee shall neither assign, sublease or otherwise convey any interest in this Agreement or arising hereunder to any person or persons, entity or entities whatsoever, without the prior written consent of City. Any attempt to assign or sublet premises other than group reservations provided herein, without such prior written consent, shall be void. 11. WAIVER OF CLAIMS. —207— Licensee hereby waives any claim against City, its officers, directors, agents or employees for damage or loss caused in connection with, or as a result of, any suit or proceeding directly or indirectly attacking the validity of this Agreement or any part thereof, or as a result of any judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or delaying the same or any part thereof from being carried out. 12. WAIVER OF CONTRACT TERMS. No waiver by either party at any time of any of the terms, conditions or covenants of this Agreement shall be deemed as a waiver at any time thereafter of the same or of any other term, condition or covenant herein contained, nor of the strict and prompt performance thereof'. No delay, failure or omission of City to re-enter the premises or to exercise any right, power, privilege or option arising from any default, nor any subsequent acceptance of rent then or thereafter accrued shall impair any such right, power, privilege or option or be construed as a waiver of any such default or a relinquishment of any right or acquiescence therein. No notice to the Licensee shall be required to restore or revive time as of the essence after the waiver by the City of any default. No option, right, power, remedy or privilege of City shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options and remedies given to the City by this Agreement shall be deemed cumulative. 13. MODIFICATION OF AGREEMENT. Notwithstanding any of the provisions of this Agreement, the parties may hereafter, by mutual consent, agree to modifications thereof or additions thereto in writing which are not forbidden by law. City shall have the right to grant reasonable extensions of time to Licensee for any purpose or for the performance of any obligation of Licensee hereunder. 14. NON-DISCRIMINATION. The Licensee and Licensee's members shall not discriminate because of sex, race, color, age, religion, ancestry or national origin against any person by refusing to furnish such person any accommodation, facility, service or privilege offered to or enjoyed by the general public, nor shall the Licensee or Licensees' employees or members publicize the accommodations, facilities, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of sex, race, color, religion, disability, age, ancestry or national origin. In the performance of this contract, the Licensee will not discriminate against any because of sex, race, color, religion, disability, age, ancestry or national origin. Licensee will ensure that members are recruited and treated without regard to their sex, race, color, religion, disability, age, ancestry or national origin. 15. NOTICES. —208— Any notices required or permitted to be given under this Agreement shall be by certified mail and addressed to respective parties at their addresses indicated below. Such addresses may be changed from time to time by notice in writing to either party. If to City: Michael Morris Director of Parks & Recreation Parks & Recreation Department City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469 If to Licensee: Name:Amarillo Sports Services d/b/a Game Time Food & Beverage Title:Brian Klassman Address:355 W Dundee Rd City:Buffalo Grove State:Ilinois Zip:60089 16. COMMUNICATION. The Licensee shall direct all communications to the City regarding matters to the City's Parks & Recreation Department Director, Michael Monis. 17. TERMINATION FOR CAUSE. The City Manager may terminate this Agreement for Licensee's failure to perform the services specified in this Agreement. Licensee's failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Licensee written notice of same and provide Licensee a reasonable opportunity to cure. If Licensee has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. 18. TERMINATION WITHOUT CAUSE. The City may terminate this Agreement, without cause, upon 20 days written notice to Licensee. However, City may terminate this Agreement on 24 -hours written notice to Licensee for failure to pay or provide proof of payment of taxes as set out herein. 19. ATTORNEYS' FEES. Should either party bring any legal action or proceeding for the breach of any term, covenant or condition of this Agreement, the Court shall award reasonable attorneys' fees to one or more of the parties therein based upon the degree to which each party prevails in such action or proceeding, as determined by the Court. —209— 20. ADVICE OF COUNSEL. Each party hereto has been provided full opportunity for review of this Agreement by legal counsel. Therefore, no presumption or rule that ambiguity shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. 21. ENTIRE AGREEMENT. This instrument contains the entire Agreement of the parties relating to the rights granted and obligations assumed and supersedes all prior written and oral discussions. IN WITNESS WHEREOF, the parties hereto have affixed their signature. CITY OF CORPUS CHRISTI By: Michael Barrera LICENSEE Title: Assistant Director of Financial Services Title: Date: Date: (n/ / // // APPROVED AS TO FORM C ALDER City Attorney By: Brian Narvaez Assistant City Attorney Incorporated by reference, for all purposes: Exhibit A: Request for Proposal No.: BI -0011-11 Exhibit B: Proposer's Proposal Exhibit C: List of Equipment provided by the City of Corpus Christi and whose title shall remain with the City Exhibit D: List of Equipment provided by Licensee —210— 1 25 City of LA, Corpus B Christi AGENDA MEMORANDUM for the City Council Meeting August 30, 2011 DATE: August 30, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services constancep@cctexas.com (361)826-3227 Authorization of the issuance of "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2011" in an amount not to exceed $55,000,000; Approval of a Financial Advisor; and Approval of a Reimbursement Resolution. PURPOSE: A. Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $75,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Combined Utility System; authorizing matters incident and related thereto; and providing an effective date. B. Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor for the City of Corpus Christi, Texas Utility Revenue Improvement Bonds, Series 2011. C. Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2011" in an amount not to exceed $55,000,000; making provision for the payment and security thereof on a parity with certain currently outstanding obligations; stipulating the terms and conditions for the issuance of additional revenue bonds on a parity therewith; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds; including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar Agreement and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. BACKGROUND AND FINDINGS: Agenda Item A — Consistent with Resolution 028994 that was approved by the City Council on March 9, 2011, the City of Corpus Christi intends on utilizing commercial paper notes as an initial funding source for utility projects approved in the 2012 Capital Improvement Plan. However, with the volatility in the bond market, approval of a reimbursement resolution in an amount not to exceed $75,000,000 (the total amount of the City's commercial paper —213— program) is requested in the unlikely event that commercial paper notes could not be sold, and the City would need to use its own cash to begin utility projects. In this instance, approval of this resolution would allow the City to use future bond proceeds to "pay back" or reimburse the City funds initially used. For the City to be eligible for reimbursement for any expenditures incurred prior to the bond sale, the City must declare its intent to reimburse itself for payments made prior to the bonds being sold. This action must meet specific U. S. Treasury Regulations and requires approval by the City Council. Agenda Item B — The second part of this agenda item authorizes the appointment of M. E. Allison & Co., Inc. as financial advisor for the City of Corpus Christi, Texas Utility Revenue Improvement Bonds, Series 2011, See Exhibits A for the Financial Advisor's fee schedule. Fulbright & Jaworski L.L.P. is currently under contract with the City to serve as the City's bond counsel and will serve as the second part of our financing team for the City of Corpus Christi, Texas Utility Revenue Improvement Bonds, Series 2011. The third part of the financing team are the underwriters and selection of the syndicate of underwriters from the City's pool of approved underwriters has been delegated to the Mayor, City Manager, and Assistant City Manager for General Government and Operations Support, as outlined in the ordinance for Agenda Item C. Agenda Item C — City staff is recommending the issuance of up to $55,000,000 of City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2011, to replenish the commercial paper "authority" utilized in fiscal year 2010-2012. With the sale of these bonds, the City's commercial paper authority of $75,000,000 will be replenished so that the City can begin selling commercial paper notes to pay for utility projects approved in the 2012 Capital Improvement Plan. The term of commercial paper notes is 270 days, and so at the end of that time period, the City plans on selling future Utility System Revenue Improvement and Refunding Bonds to refund the commercial paper notes and free capacity for the next fiscal year. Because of the fluctuating conditions in the municipal bond market, our Financial Advisor has recommended that the City Council delegate to the Mayor, City Manager, and Assistant City Manager for General Government and Operations Support (i.e., "Authorized Representatives") the authority to effect the sale of the Bonds subject to the following parameters: (1) the principal amount of each series of Bonds may not exceed $55,000,000; (2) none of the Bonds shall bear interest at a rate greater than 7% per year; and (3) the Bonds must have a rating issued by a nationally recognized municipal securities ratings organization in one of the four highest rating categories. The City's bond counsel has confirmed that the City can delegate the sale of the Bonds and Refunding Bonds to the Authorized Representatives in the manner outlined above pursuant to the authority contained in Chapter 1371, as amended, Texas Government Code. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a —214— FINANCIAL IMPACT: o Not Applicable o Operating Expense X Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - - - - Encumbered/Expended amount of (date) - - - - This item - $ 55,000,000 - $ 55,000,000 BALANCE - $ 55,000,000 - $ 55,000,000 FUND(S): CIP Fund (number to be determined after bond sale) COMMENTS: The financial impact of this item is consistent with the financing plan discussed with the City Council during the discussion and approval of the Fiscal Year 2012 Capital Improvement Plan. RECOMMENDATION: Staff recommends that City Council approve each part of this agenda item as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY/NON-EMERGENCY: Issuance of municipal revenue bonds is exempted from the City of Christi's charter provision regarding dual reading and/or emergency adoption provisions pursuant to the provisions of Section 1201.028, as amended, Texas Government Code. DEPARTMENTAL CLEARANCES: • Bond Counsel • Legal Department LIST OF SUPPORTING DOCUMENTS: Exhibit A: Financial Advisor Fee Schedule Resolution Ordinance cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —215— .AtJ&4M s'K,AA 1NVOITMLNT DANKLRe FINANCIAL: ADVISORY FEE SCHEDULE DIESEALHELIEMIDESIE And Nei $ S 250,000 250,000 ' 350,000 350,000 500,000 5011,000 700,000 700,000 1,000,000 1,000,000 1,500,000 1,500,000 6,000,000 5,000,000 10,000,000 10,000,000 20,000,000 20,000,000 Nin U!1!1 $7,500 plus 320.00 per $1,000 Dor all over $150,000 $9,500 plus $10.00 per 51,000 fir '11 over $250,000 .51000 plus 56.00 par $1,000 for ell over 5350,000 $11,700 plus $7.0Dper $1,000 for all over $500,000 $13,100 plus WA per $1,000 tor ell over $700,000 $14,900 plus $5.00 per $1,000 fa .11 over $1,000,000 $17,400 plus $3.00 per $1,000 for dl over $1,500,000 327,900 plus 51.65 per$1,000 tar sll.over 35,000,000 $36,150 plus 51.00 per $1,000 Mall over $10,000,000 $44150 plus $0.115 per $1,000 M all ova $20,000;000 natant ANIL CO SNATIQN TAX AND 1 KVS WL CP4TRgAT68 OF . InthesvmttheBondstobe blued we Revenue Boat orcombination Tax maRevenue • Cntiisales.of ObltpMon, Rehadbig or Lowe Purdtan the he shell be the ,!flood oojvted. hem the above sshsdule plus 2551. EXHIBIT A -216- RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING I'HE CITY'S INTENTION TO REIMBURSE ITSELF IN AN AMOUNT NOT TO EXCEED $75,000,000 FOR 1'HE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM 1'HL+ PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES RELATING TO CONSTRUCTING IMPROVEMENTS TO THE CITY'S COMBINED UTILITY SYSTEM; AUTHORIZING MA VIERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) constructing, improving, enlarging, repairing, and extending the City's combined utility system (the System) and the purchase of equipment, supplies, machinery, and other personal property relating to the System (the Construction Costs), (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the project that is the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Government Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or fumishing of any project or facilities, such as the Project, may be used to reimburse the Issuer, for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150-2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of one or more series of obligations (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed $75,000,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and 81033512.1 —217— WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby fmds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150-2 of the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior Lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148-10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds," as defined in Treasury Regulation Section 1.148-1, of the Obligations or another issue of tax-exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. 81033512.1 -2- -218— SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 81033512.1 [The remainder of this page intentionally left blank] -3- -219— PASSED, ADOPTED AND APPROVED on this the _ day of , 2011. CITY OF CORPUS CHRISTI, TEXAS ATTEST: City Secretary Mayor (CITY SEAL) APPROVED THIS DAY OF }{vim 4- , 2011: s ft Cr, ffr Carlos Valdez, City Attorney 81033512.1 -4- -220— Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —221— THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the day of 2011, relating to establishing the City's intention to reimburse itself in an amount not to exceed $75,000,000 for improvements to the City's combined utility system, which Resolution 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 day of 2011. City Secretary (CITY SEAL) 81033512.1 -5- -222- ORDINANCE NO. DRAFT 8/4/11 AUTHORIZING THE ISSUANCE OF "CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM REVENUE IMPROVEMENT BONDS, SERIES 2011" IN AN AMOUNT NOT TO EXCEED $55,000,000; MAKING PROVISIONS FOR THE PAYMENT AND SECURITY THEREOF ON A PARITY WITH CERTAIN CURRENTLY OUTSTANDING OBLIGATIONS; STIPULATING THE TERMS AND CONDITIONS FOR THE ISSUANCE OF ADDITIONAL REVENUE BONDS ON A PARITY THEREWITH; PRESCRIBING THE FORM, TERMS, CONDITIONS, AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, AND DELIVERY OF THE BONDS; INCLUDING THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AUTHORIZING THE EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT AND A PURCHASE CONTRACT; COMPLYING WITH THE REQUIREMENTS IMPOSED BY THE LETTER OF REPRESENTATIONS PREVIOUSLY EXECUTED WITH THE DEPOSITORY TRUST COMPANY; DELEGATING THE AUTHORITY TO THE MAYOR AND CERTAIN MEMBERS OF THE CITY STAFF TO EXECUTE CERTAIN DOCUMENTS RELATING TO THE SALE OF THE BONDS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Corpus Christi, Texas (the "City" or the "Issuer"), a "home -rule" city operating under a home -rule charter adopted pursuant to Section 5 of Article XI of the Texas Constitution, with a population according to the latest federal decennial census of in excess of 50,000, has heretofore issued its "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 1990" (the "Series 1990 Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Bonds, Series 1994" (the "Series 1994 Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Bonds, Series 1994-A" (the "Series 1994-A Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Bonds, Series 1995" (the "Series 1995 Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Bonds, Series 1995-A" (the "Series 1995-A Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 1999" (the "Series 1999 Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 1999-A" (the "Series 1999-A Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000" (the "Series 2000 Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000-A" (the "Series 2000-A Bonds"), its "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2002" (the "Series 2002 Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2003" (the "Series 2003 Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2004" (the "Series 2004 Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005" (the "Series 2005 Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, 81029224.3 -223- Series 2005A" (the "Series 2005A Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2006" (the "Series 2006 Bonds"); its "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2009" (the "Series 2009 Bonds"); it's "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010" (the "Series 2010 Bonds"); it's "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Taxable Series 2010 (Direct Subsidy — Build America Bonds) (the "Series 2010 Taxable Bonds"); and it's "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010A (the "Series 2010A Bonds"); and WHEREAS, the Series 1990 Bonds, the Series 1994 Bonds, the Series 1994-A Bonds, the Series 1995 Bonds, the Series 1995-A Bonds, and the Series 2000 Bonds are no longer Outstanding (as hereinafter defined); and WHEREAS, the Series 1999 Bonds, the Series 1999-A Bonds, the Series 2000-A Bonds, the Series 2002 Bonds, the Series 2003 Bonds, the Series 2004 Bonds, the Series 2005 Bonds, the Series 2005A Bonds, the Series 2006 Bonds, the Series 2009 Bonds, the Series 2010 Bonds, the Series 2010 Taxable Bonds, and the Series 2010A Bonds are sometimes collectively referred to herein as the "Previously Issued Priority Bonds"; and WHEREAS, the City has established an interim financing program pursuant to which the City has authorized the issuance of commercial paper notes designated "City of Corpus Christi, Texas Utility System Commercial Paper Notes, Series B", to be issued from time to time in an aggregate principal amount not to exceed $75,000,000 at any one time Outstanding (the "Series B Commercial Paper Notes"), under which there currently exists no Outstanding obligations; and WHEREAS, the City deems it appropriate and in its best interest to issue the hereinafter authorized revenue bonds for the primary purpose of acquiring, purchasing, constructing, improving, repairing, extending, equipping, and renovating the City's combined waterworks system, including storm sewer and drainage (which is a part of a larger utility system that also includes the City's wastewater disposal system and its gas system and is hereinafter described and defined more thoroughly as the "System"); and WHEREAS, in the ordinance authorizing the issuance of the Series 1990 Bonds (the "Base Ordinance"), the City reserved the right to issue revenue bonds on a parity with the Series 1990 Bonds; and WHEREAS, the revenue bonds hereinafter authorized are to be issued and delivered pursuant to the laws of the State of Texas, including specifically Chapter 1502, Texas Government Code, as amended (the "Act"), and the terms of the Base Ordinance and this Ordinance (as hereinafter defined), for the purposes set forth in this Ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: Bonds Authorized. In order to provide funds for the purposes of (i) acquiring, purchasing, constructing, improving, repairing, extending, equipping, and renovating the System as described in the preamble hereof and (ii) paying the costs of issuance relating thereto, the City Council (the "Governing Body") of the City, acting pursuant to the laws 81029224.3 -2- -224— of the State of Texas, particularly the Act, has determined that there shall be issued and there is hereby ordered to be issued a series of revenue bonds to be designated "City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2011", in the principal sum of AND NO/100 DOLLARS ($ ) (the "Bonds"). As authorized by Chapter 1371, as amended, Texas Government Code ("Chapter 1371"), the Mayor of the City, the City Manager of the City, and the Assistant City Manager for General Government and Operations Support (each of the foregoing, individually, an "Authorized Representative") are hereby authorized, appointed, and designated as the officers of the City authorized to individually act on behalf of the City in selling and delivering the Bonds authorized herein and carrying out the procedures specified in this Ordinance, including approval of the aggregate principal amount of each maturity of the Bonds, the redemption provisions therefor, the Bond Date therefor, the identity of the Purchaser (which may include a syndicate of underwriters and the identification by the Authorized Representative of the duties of such syndicate members) selected from the City's pool of approved underwriters, and the rate of interest to be borne on the principal amount of each such maturity. Each Authorized Representative, acting for and on behalf of the City, is authorized to execute the Approval Certificate attached hereto as Schedule I. The Bonds shall be issued in the principal amount not to exceed $55,000,000; the maximum maturity of the Bonds will be July 15, 2051; and the net effective per annum interest rate shall not exceed a rate greater than 7.00% per annum calculated in a manner consistent with the provisions of Chapter 1204, as amended, Texas Government Code. Lastly, each Authorized Representative is authorized to select the bond insurer and/or debt service reserve fund surety provider, if any, with respect to the Bonds. If the Authorized Representative chooses to purchase a debt service reserve surety policy or similar credit facility relating to the Bonds, then the Authorized Representative shall be permitted to execute an insurance or similar reimbursement agreement in substantially the form attached hereto as Exhibit F (which form is hereby approved) in connection with such purchase. The execution of the Approval Certificate shall evidence the sale date of the Bonds by the City to the Purchaser in accordance with the provisions of Chapter 1371. It is further provided, however, that notwithstanding the foregoing provisions, the Bonds shall not be delivered unless prior to their initial delivery, the Bonds have been rated by a nationally recognized rating agency for municipal securities in one of the four highest rating categories for long term obligations, as required by Chapter 1371. Upon execution of the Approval Certificate, Bond Counsel is authorized to complete this Ordinance to reflect such final terms. SECTION 2: Dated Date, Denomination, and Stated Maturities; Redemption Option. The Bonds shall be issued as fully registered obligations, without coupons, totaling $ in aggregate principal amount and be dated , 2011 (the "Bond Date"). A. Denominations, and Stated Maturities. The Bonds shall be issued in denominations of Five Thousand Dollars ($5,000) or any integral multiple (within a stated maturity) thereof (each, an "Authorized Denomination"), shall be lettered "R" and numbered consecutively from One (1) upward. The Bonds herein authorized to be issued shall bear interest on the unpaid principal amounts from the Bond Date or from the most recent interest payment date to which interest has been duly paid or provided and principal shall become due and payable on July 15 in 81029224.3 -3- -225— each of the years and in amounts in accordance with the following schedule. Said interest shall be payable to the registered owner of any such Bond in the manner provided and on the dates stated in the FORM OF BOND attached to this Ordinance as Exhibit A. Stated Maturities B. Redemption Provisions. Principal Amounts ($) Interest Rates (%) (1) Mandatory Redemption of Bonds. The Bonds stated to mature on July 15 and July 15, are referred to herein as the "Term Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Debt Service Fund (but not the Reserve Fund) for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on July 15 in each of the years as set forth below: Term Bonds Stated to Term Bonds Stated to Mature on July 15, Mature on July 15, 2 Principal Principal Year Amount ($) Year Amount ($) *Payable at stated maturity The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such stated maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Debt Service Fund (but not the Reserve Fund), or (3) shall have been 81029224.3 -4- -226— redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. (2) Optional Redemption. The City reserves the right to redeem the Bonds stated to mature on and after July 15, 20_, in whole or in part, on , 20 , or on any date thereafter, in such order of stated maturity as the City shall determine and by lot or other customary method within a stated maturity at the redemption price of par plus accrued interest to the date of redemption. (3) Notice of Redemption. At Least thirty (30) days prior to the date any such Bonds are to be redeemed, a notice of redemption, authorized by appropriate resolution passed by the Governing Body, shall be given in the manner set forth below. A written notice of such redemption shall be given to the registered owner of' each Bond or a portion thereof being called for redemption by depositing such notice in the United States mail, first class postage prepaid, addressed to each such registered owner at his address shown on the Registration Books (as hereinafter defined) kept by the Paying Agent/Registrar. By the date fixed for any such redemption, due provision shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or the portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is given, and if due provision for such payment is made, all as provided above, the Bonds, or the portions thereof which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, 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 Bonds or any portion thereof. If a portion of any Bonds shall be redeemed, a substitute Bond or Bonds having the same stated maturity date, bearing interest at the same interest rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in this Ordinance. SECTION 3: Interest. The Bonds shall bear interest on the unpaid principal amount thereof at the per annum rates shown above in Section 2, computed on the basis of a 360 -day year of twelve 30 -day months, and interest thereon shall be payable semiannually on January 15 and July 15 of each year (each an "Interest Payment Date"), commencing , 2012, while the Bonds are Outstanding. Interest on each Bond issued and delivered to a Holder shall accrue from the latest Interest Payment Date that interest on such Bond (or the Bond which it substitutes) has been paid that precedes the registration date appearing on such Bond in the "Registration Certificate of Paying Agent/Registrar" (Section C of Exhibit A hereto), unless the registration date appearing thereon is an Interest Payment Date for which interest is being paid, in which case interest on such Bond shall accrue from the registration date appearing thereon and provided further that with respect to the initial payment of interest on a Bond, such interest shall accrue from the Bond Date. 81029224.3 -5- -227— SECTION 4: Characteristics of the Bonds. A. Registration, Transfer, Conversion and Exchange; Authentication; Initial Bond. The City shall keep or cause to be kept at the designated trust office in Austin, Texas (the "Designated Trust Office") of (the "Paying Agent/Registrar") books or records for the registration of the transfer, conversion and exchange of the Bonds (the "Registration Books"), and the City hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the City and the Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided. The execution of a "Paying Agent/Registrar Agreement", in substantially the form attached to this Ordinance as Exhibit B, is hereby authorized. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The City shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The City shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Bond or Bonds. Registration of assignments, transfers, conversions and exchanges of Bonds shall be made in the manner provided and with the effect stated in the FORM OF BOND. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. Each Bond may be exchanged for fully registered bonds in the manner set forth herein. Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unredeemed principal amount thereof, may, upon surrender thereof at the Designated Trust Office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, at the option of the registered owner or such assignee or assignees, as appropriate, be exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF BOND, in any Authorized Denomination (subject to the requirement hereinafter stated that each substitute bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unredeemed principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If a portion of any Bond shall be redeemed prior to its scheduled maturity as provided herein, a substitute bond or bonds having the same maturity date, bearing interest at the same rate, in any Authorized Denomination at the request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender of such partially redeemed Bond for cancellation. If any Bond or portion thereof is assigned and transferred, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. 81029224.3 -6- -228- The Paying Agent/Registrar shall exchange or replace Bonds as provided herein, and each fully registered substitute Bond or Bonds delivered in exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be exchanged or replaced. It is specifically provided, however, that any Bond delivered in exchange for or replacement of another Bond prior to the first scheduled Interest Payment Date on the Bonds shall be dated the same date as such Bond, but each substitute Bond so delivered on or after such first scheduled Interest Payment Date shall be dated as of the Interest Payment Date preceding the date on which such substitute Bond is delivered, unless such substitute Bond is delivered on an Interest Payment Date, in which case it shall be dated as of such date of delivery; provided further, however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it is being exchanged has not been paid, then such substitute Bond shall be dated as of the date to which such interest has been paid in full. On each substitute Bond issued in exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed thereon a Paying Agent/Registrar's Authentication Certificate, in the form set forth in the FORM OF BOND (the "Authentication Certificate"). An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the Authentication Certificate, and no such Bond shall be deemed to be issued or Outstanding unless the Authentication Certificate is so ex- ecuted. The Paying Agent/Registrar promptly shall cancel all paid Bonds and Bonds surrendered for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the Governing Body or any other body or person so as to accomplish the foregoing conversion and exchange of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein. Pursuant to Chapter 1206, as amended, Texas Government Code, the duty of conversion and exchange of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the Authentication Certificate, the converted and exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Bonds which initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General (as hereinafter defined), and registered by the Comptroller of Public Accounts (as hereinafter defined). The Bonds shall be issued initially either (i) as a fully registered Bond in the total aggregate principal amount of $ with principal installments to become due and payable as provided in Subsection 2.A, and numbered T-1, or (ii) as one (1) fully registered Bond for each year of stated maturity in the applicable principal amount, interest rate, and denomination and to be numbered consecutively from T-1 and upward (the "Initial Bonds") and, in either case, the Initial Bonds shall be registered in the name of the Purchaser or its designee. The Initial Bonds shall be the Bonds submitted to the Attorney General for approval and certified and registered by the Comptroller of Public Accounts. At any time after the delivery of the Initial Bonds to the Purchaser, the Paying Agent/Registrar, upon written instructions from the Purchaser, or its designee, shall cancel the Initial Bonds and exchange therefor definitive Bonds of authorized denominations, stated maturities, principal amounts, and bearing applicable interest rates for transfer and delivery to the registered owners named and at the addresses identified therefor, all in accordance with and pursuant to such written instructions from the Purchaser, or 61029224.3 -7- -229- its designee, and such other information and documentation as the Paying Agent/Registrar may reasonably require. B. Payment of Bonds and Interest. The City hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of, premium, if any, and interest on the Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the City and the Paying Agent/Registrar with respect to the Bonds. C. In General. The Bonds (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on which shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the City shall have certain duties and responsibilities with respect to the Bonds, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF BOND. The Initial Bonds are not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for any Bond or Bonds issued under this Ordinance the Paying Agent/Registrar shall execute the Authentication Certificate. D. Substitute Paying Agent/Registrar. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution, or other entity duly qualified and legally authorized to serve as and perform the duties and services of Paying Agent/Registrar. Upon any change (which shall be at the sole discretion of the City) in the Paying Agent/Registrar for the Bonds, the City agrees to promptly cause a written notice thereof to be sent to each registered owner of the Bonds by United States mail, first class postage prepaid, which notice shall also give the address of the new Paying Agent/Registrar. In addition, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the City. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. E. Book Entry Only System. The Bonds issued in exchange for the Initial Bonds shall be initially issued in the form of a separate single fully registered Bond for each Stated Maturity of the Bonds. Upon initial issuance, the ownership of each such Bond shall be registered in the name of Cede & Co, as nominee of The Depository Trust Company, New York, New York ("DTC"), and except as provided in Subsection F hereof, all of the Outstanding Bonds shall be registered in the name of Cede & Co., as nominee of DTC. With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and settlement of securities transactions 81029224.3 -8- -230— among DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a registered owner of Bonds, as shown on the Registration Books, of any notice with respect to the Bonds, or (iii) the payment to any DTC Participant or any other person, other than a registered owner of Bonds, as shown in the Registration Books of any amount with respect to principal of or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Bond is registered in the Registration Books as the absolute owner of such Bond for the purpose of payment of principal, premium, if any, and interest with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the registered owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered owner, as shown in the Registration Books, shall receive a Bond evidencing the obligation of the Issuer to make payments of principal, premium, if any, and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the registered owner at the close of business on the Record Date (as defined in the FORM OF BOND), the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. F. Successor Securities Depository. In the event that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the representation letter of the Issuer to DTC in the form attached hereto as Exhibit E and made a part hereof for all purposes (the "Representation Letter") or that it is in the best interest of the beneficial owners of the Bonds that they be able to obtain certificated Bonds, the Issuer shall (i) appoint a successor securities depository, qualified to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names registered owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Ordinance. G. DTC Letter of Representations. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such 81029224.3 -9- -231— Bond and all notices with respect to such Bond shall be made and given, respectively, in the manner provided in the Representation Letter. SECTION 5: Form of Bonds. The form of all Bonds, including the form of the Authentication Certificate, the form of Assignment, and the form of the Comptroller's Registration Certificate (to be attached only to the Initial Bonds) shall be, respectively, substantially in the form attached hereto as Exhibit A, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. SECTION 6: Definitions. For all purposes of this Ordinance, except as otherwise expressly provided or unless the context otherwise require, the terms defined in this Section have the meanings assigned to them in this Section, and certain terms used in Sections 21 and 30 of this Ordinance have the meanings assigned to them in such respective Sections. A. The term "Account" shall mean any account created, established and maintained under the terms of any ordinance authorizing the issuance of Priority Bonds. B. The term "Accountant" shall mean a nationally recognized independent certified public accountant, or an independent firm of certified public accountants. C. The term "Additional Priority Bonds" shall mean the additional revenue bonds which the City reserves the right to issue in the future on a parity with the Previously Issued Priority Bonds and the Bonds, as provided in the Base Ordinance and this Ordinance. D. The term "Amortization Installment" shall mean the amount of money which is required to be deposited into the Mandatory Redemption Account for retirement of Term Bonds (whether at maturity or by mandatory redemption and including redemption premium, if any). E. The term "Attorney General" shall mean the Office of the Attorney General of the State of Texas. F. The term "Authorized Denomination" shall have the meaning given such term in Section 2 of this Ordinance. G. The term "Average Annual Principal and Interest Requirements" shall mean that amount equal to the average annual principal and interest requirements (including Amortization Installments) of all Priority Bonds Outstanding. With respect to Additional Priority Bonds that bear interest at a rate which is not established at the time of issuance at a single numerical rate for each maturity of such series, Average Annual Principal and Interest Requirements shall be calculated by (i) assuming that the interest rate for every 12 -month period on such bonds is equal to 9.20% or (ii) using the highest numerical rate borne over the preceding 24 month period by such bonds, whichever is greater; provided, however, that if such bonds have not borne interest at a variable rate for such 24 month period, such rate shall be assumed to be 9.20% until such time as bonds have been Outstanding for a 24 month period. In making such determinations, it shall be assumed that the principal of such bonds is amortized such that annual debt service is substantially level over the remaining stated life of such bonds. 81029224.3 -10- -232- H. The term "Base Ordinance" shall mean the ordinance authorizing the issuance of the Series 1990 Bonds. I. The term "Bonds" shall have the meaning given such term in Section 1 of this Ordinance. J. The term "Capital Additions" shall mean a reservoir or other water storage facilities, a wastewater treatment plant or an interest therein, a gas distribution system or an interest therein and associated transmission facilities with respect to each and any combination thereof, which shall become a part of the System. K. The term "Capital Improvements" shall mean any capital extensions, improvements and betterments to the System other than Capital Additions. L. The term "Capitalized Interest Account" shall mean the Account by that name which may be created within the Debt Service Fund. M. The terms "City" and "Issuer" shall have the meaning given such terms in the preamble of this Ordinance. N. The term "Closing Date" shall mean the date of physical delivery of the Initial Bonds in exchange for the payment in full by the Purchaser. O. The term "Comptroller of Public Accounts" shall mean the Office of the Comptroller of Public Accounts of the State of Texas. P. The term "Credit Facility" shall mean a policy of municipal bond insurance, a debt service reserve fund policy or surety bond or a letter or line of credit issued by a Credit Facility Provider in support of any Priority Bonds or Subordinated Obligations. Q. The term "Credit Facility Provider" shall mean (i) with respect to any Credit Facility consisting of a policy of municipal bond insurance or a surety bond, an issuer of policies of insurance insuring the timely payment of debt service on governmental obligations such as the Priority Bonds, provided that a Rating Agency having an outstanding rating on the Priority Bonds would rate the Priority Bonds fully insured by a standard policy issued by the issuer in its highest generic rating category for such obligations; and (ii) with respect to any Credit Facility consisting of a letter or line of credit, any financial institution, provided that a Rating Agency having an outstanding rating on the Priority Bonds would rate the Priority Bonds in its two highest generic rating categories for such obligations if the letter or line of credit proposed to be issued by such financial institution secured the timely payment of the entire principal amount of the series of Priority Bonds and the interest thereon. R. The term "Debt Service Fund" shall have the meaning given such term in Section 9 of this Ordinance. S. The term "DTC" shall have the meaning given such term in Section 4 to this Ordinance. 81029224.3 -11- -233- T. The term "Eligible Investments" shall mean those investments in which the City is authorized by law, including, but not limited to, the Public Funds Investment Act of 1987 (Chapter 2256, as amended, Texas Government Code), to purchase, sell and invest its funds and funds under its control, and with respect to the investment of proceeds of any Priority Bonds, guaranteed investment contracts fully collateralized by Government Obligations. U. The term "Engineer of Record" shall mean the independent engineer or firm at the time employed by the City to perform and carry out the duties imposed on such engineer or firm by this Ordinance and having a favorable reputation nationally for skill and experience in the engineering of water, sanitary sewer and/or gas systems of comparable size and character as those forming parts of the System. V. The term "Fund" shall mean any fund created, established and maintained under the terms of any ordinance authorizing the issuance of Priority Bonds. W. The term "Govemment Obligations" shall mean (i) with respect to any Previously Issued Priority Bonds except the Series 2009 Bonds, the Series 2010 Bonds, the Series 2010 Taxable Bonds, and the Series 2010A Bonds, direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America and (ii) with respect to the Series 2009 Bonds, the Series 2010 Bonds, the Series 2010 Taxable Bonds, the Series 2010A Bonds, the Bonds, and any Additional Priority Bonds hereafter issued by the City, (1) direct noncallable obligations of the United States, including obligations that are unconditionally guaranteed by, the United States of America, or (2) noncallable obligations of an agency or instrumentality of the United States, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent, or (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, on the date the governing body of the issuer adopts or approves the proceedings authorizing the issuance of refunding bonds, are rated as to investment quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent; provided, however, that in the event the term "Government Obligations" shall be used in such a manner other than with respect to the defeasance of Priority Bonds pursuant to Section 17 of this Ordinance, its meaning shall be consistent with that specified in clause (i) above until such time as there are no longer Outstanding any Previously Issued Priority Bonds (except the Series 2009 Bonds, the Series 2010 Bonds, the Series 2010 Taxable Bonds, and the Series 2010A Bonds, which are excluded from the definition of Previously Issued Priority Bonds for purposes of this clause) and, thereafter, it shall have the meaning ascribed thereto in clause (ii). X. The term "Gross Revenues" shall mean all revenues, income, and receipts derived or received by the City from the operation and ownership of the System, including the interest income from the investment or deposit of money in any Fund created or confirmed by this Ordinance or maintained by the City in connection with the System, other than those amounts subject to payment to the United States of America as rebate pursuant to section 148 of the Code. 81029224.3 -12- -234— Y. The term "Mandatory Redemption Account" shall mean the Account by that name within the Debt Service Fund and established, if at all, by an ordinance authorizing the issuance of Priority Bonds. Z. The terms "Net Revenues of the System" and "Net Revenues" shall mean all Gross Revenues less Operating Expenses. AA. The term "Operating Expenses" shall mean the expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service; provided, however, that only such repairs and extensions, as in the judgment of the City, reasonably and fairly exercised by the passage of appropriate ordinances, are necessary to render adequate service, or such as might be necessary to meet some physical accident or condition which would otherwise impair any Priority Bonds. Operating Expenses shall include the purchase of water, sewer and gas services as received from other entities and the expenses related thereto, and, to the extent permitted by law, Operating Expenses may include payments made on or in respect of obtaining and maintaining any Credit Facility. Depreciation, and payments from the System Fund to other funds established in this Ordinance, shall never be considered as expenses of operation and maintenance. BB. The term "Outstanding" shall mean, as of the date of determination, all Priority Bonds theretofore issued and delivered except: (1) those Priority Bonds theretofore canceled by the respective paying agents for such Priority Bonds or delivered to such paying agents for cancellation; (2) those Priority Bonds for which payment has been duly provided by the City by the irrevocable deposit with the respective paying agents for such Priority Bonds of money in the amount necessary to fully pay principal of, premium, if any, and interest thereon to maturity or redemption, if any, as the case may be, provided that, if such Priority Bonds are to be redeemed, notice of redemption thereof shall have been duly given pursuant to the ordinance authorizing the issuance of such Priority Bonds, irrevocably provided to be given to the satisfaction of such paying agents, or waived; (3) those Priority Bonds that have been mutilated, destroyed, lost, or stolen and for which replacement bonds have been registered and delivered in lieu thereof; and (4) those Priority Bonds for which the payment of principal thereof, premium, if any, and interest thereon to Stated Maturity re redemption has been duly provided for by the City by the deposit in trust of money or Government Obligations, or both. CC. The term "Paying Agent/Registrar" shall mean the financial institution specified in Section 4.A of this Ordinance, or its herein -permitted successors and assigns. DD. The term "Pledged Revenues" shall mean 81029224.3 (1) the Net Revenues, plus -13- -235— (2) any additional revenues, income, receipts, or other resources, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which hereafter are pledged to the payment of the Priority Bonds. EE.The term "Previously Issued Priority Bonds" shall have the meaning given said term in the preamble to this Ordinance. FF. The term "Priority Bonds" shall mean the Previously Issued Priority Bonds, the Bonds, and any Additional Priority Bonds. GG. The term "Prudent Utility Practice" shall mean any of the practices, methods and acts, in the exercise of reasonable judgment, in the light of the facts, including but not limited to the practices, methods and acts engaged in or approved by a significant portion of the public utility industry prior thereto, known at the time the decision was made, would have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. It is recognized that Prudent Utility Practice is not intended to be limited to the optimum practice, method or act at the exclusion of all others, but rather is a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at the lowest reasonable cost consistent with reliability, safety and expedition. In the case of any facility included in the System which is owned in common with one or more other entities, the term "Prudent Utility Practice", as applied to such facility, shall have the meaning set forth in the agreement governing the operation of such facility. HH. The term "Purchaser" shall have the meaning given such term in Section 25 of this Ordinance. II. The term "Rating Agency" shall mean any nationally recognized securities rating agency which has assigned a rating to the Priority Bonds. JJ. The term "Required Amount" shall have the meaning given such term in Section 10 of this Ordinance. KK. The term "Reserve Fund" shall have the meaning given such term in Section 10 of this Ordinance. LL.The term "Reserve Fund Obligations" shall mean cash, Eligible Investments, any Credit Facility, or any combination of the foregoing. MM. The term "Series 1990 Bonds" shall mean the $64,660,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 1990, authorized by the ordinance adopted by the City on November 15, 1990; the term "Series 1999 Bonds" shall mean the $47,740,000 City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds Series 1999, authorized by the ordinance adopted by the City on May 11, 1999; the term "Series 1 999-A Bonds" shall mean the $15,750,000 City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 1999-A, authorized by the ordinance adopted by the City on April 20, 1999; the term "Series 2000-A Bonds" shall mean the 81029224.3 -14- -236- $42,520,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000-A, authorized by the ordinance adopted by the City on September 19, 2000; the term "Series 2002 Bonds" shall mean the $92,330,000 City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2002, authorized by the ordinance adopted by the City on August 20, 2002; the term "Series 2003 Bonds" shall mean the $28,870,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2003, authorized by the ordinance adopted by the City on March 25, 2003; the term "Series 2004 Bonds" shall mean the $50,000,000 City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2004, authorized by the ordinance adopted by the City on July 13, 2004; the term "Series 2005 Bonds" shall mean the $70,390,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005, authorized by the ordinance adopted by the City on December 21, 2004; the term "Series 2005A Bonds" shall mean the $68,325,000 City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2005A, authorized by the ordinance adopted by the City on August 30, 2005; the term "Series 2006 Bonds" shall mean the $84,415,000 City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2006, authorized by the ordinance adopted by the City on September 26, 2006; the term "Series 2009 Bonds" shall mean the $96,490,000 City of Corpus Christ, Texas Utility System Revenue Improvement Bonds, Series 2009, authorized by the ordinance adopted by the City on February 24, 2009, the term "Series 2010 Bonds" shall mean the $8,000,000 City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010, authorized by the ordinance adopted by the City on March 9, 2010, the term "Series 2010 Taxable Bonds" shall mean the $60,625,000 City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Taxable Series 2010 (Direct Subsidy—Build America Bonds), authorized by the ordinance adopted by the City concurrently with the adoption of this Ordinance on June 22, 2010, and the term "Series 2010A Bonds" shall mean the $14,375,000 City of Corpus Christi, Texas Utility System Revenue Improvement Bonds, Series 2010A, authorized by the ordinance adopted by the City on June 22, 2010. NN. The term "Subordinated Obligations" shall mean any bonds, notes, or other obligations issued pursuant to law payable in whole or in part from the Pledged Revenues but subordinate to the Priority Bonds, which includes the Series B Commercial Paper Notes. 00. The term "System" shall mean and include, for so long as the Previously Issued Priority Bonds (except for the Series 2010 Bonds, the Series 2010 Taxable Bonds, and the Series 2010A Bonds, which are excluded from such definition for this purpose) remain Outstanding or until consents from the Holders thereof permitting an amendment to the applicable authorizing ordinances providing for an earlier date of effectiveness are secured, the City's existing combined waterworks system, wastewater disposal system and gas system, together with all future extensions, improvements, enlargements, and additions thereto, including, to the extent permitted by law, storm sewer and drainage within the waterworks system, and all replacements thereof; thereafter, the term "System" shall mean and include the City's existing combined waterworks system, wastewater disposal system and gas system, together with all future extensions, improvements, enlargements, and additions thereto, including, to the extent permitted by law (and to be added at the sole discretion of the City), storm sewer and drainage within the waterworks system, solid waste disposal system, additional utility (including electricity), telecommunications, technology, and any other similar enterprise services, and all replacements, additions, and improvements to any of the foregoing, within or without the City limits; provided 81029224.3 -15- -237— that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not include any waterworks, wastewater or gas facilities which are declared by the City not to be a part of the System and which are hereafter acquired or constructed by the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not secured by or payable from the Pledged Revenues, but which are secured by and payable solely from special contract revenues, or payments received from the City or any other legal entity, or any combination thereof, in connection with such facilities; and such revenues or payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance of such "Special Facilities Bonds". PP. The term "System Fund" shall have the meaning given such term in Section 8 of this Ordinance. QQ. The term "Term Bonds" shall have the meaning given such term in Section 2 of this Ordinance. RR. The term "Value of Investment Securities" and words of like import shall mean the amortized value thereof; provided, however, that all United States of America, United States Treasury Obligations --State and Local Government Series shall be valued at par and those obligations which are redeemable at the option of the holder shall be valued at the price at which such obligations are then redeemable. The computations made under this paragraph shall include accrued interest on the investment securities paid as a part of the purchase price thereof and not collected. For the purposes of this definition, "amortized value", when used with respect to a security purchased at par, means the purchase price of such security. SS. The term "Year" shall mean the regular fiscal year used by the City in connection with the operation of the System, which may be any twelve consecutive months period established by the City, currently being the period of time beginning on August 1 and ending on July 31. SECTION 7: Pledge. A. Pledged Revenues. The Priority Bonds are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues including such revenues within the System Fund and the Funds hereinafter created in this Ordinance; and the Pledged Revenues are further pledged to the establishment and maintenance of the Debt Service Fund and the Reserve Fund as hereinafter provided. The Priority Bonds are and will be secured by and payable only from the Pledged Revenues, and are not secured by or payable from a mortgage or deed of trust on any properties, whether real, personal, or mixed, constituting the System. B. Security Interest. Chapter 1208, as amended, Texas Government Code, applies to the issuance of the Bonds and the pledge of the Pledged Revenues granted by the City under Subsection A of this Section, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Bonds are Outstanding and unpaid such that the pledge of the Pledged Revenues granted by the City is to be subject to the filing requirements of 81029224.3 -16- -238- Chapter 9, as amended, Texas Business & Commerce Code, then in order to preserve to the registered owners of the Bonds the perfection of the security interest in said pledge, the City agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, as amended, Texas Business & Commerce Code and enable a filing to perfect the security interest in said pledge to occur. SECTION 8: System Fund. There has heretofore been created and established and there shall be maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a special fund entitled the "City of Corpus Christi Utility System Fund" (the "System Fund"). All Gross Revenues shall be credited to the System Fund immediately upon receipt. All Operating Expenses shall be paid from such Gross Revenues credited to the System Fund as a first charge against same. SECTION 9: Debt Service Fund. A. Debt Service Fund Established. For the sole purpose of paying the principal amount of, premium, if any, Amortization Installments, if any, and interest on all Priority Bonds, there has heretofore been created and established and there shall be maintained on the books of the City a separate fund entitled the "City of Corpus Christi Utility System Revenue Bonds Debt Service Fund" (the "Debt Service Fund"). Money in the Debt Service Fund shall be deposited and maintained in an official depository bank of the City. B. Capitalized Interest Account. Within the Debt Service Fund there may hereafter be established a Capitalized Interest Account. The proceeds of Priority Bonds representing capitalized interest may be deposited into the Capitalized Interest Account. On or before the day next preceding any interest payment date of Priority Bonds or other obligations for which any interest has been capitalized, the City shall use the money in the Capitalized Interest Account to pay such interest on such Priority Bonds or other obligations to the extent of the amounts therein representing such capitalized interest. C. Mandatory Redemption Account. Within the Debt Service Fund there has heretofore been established the Mandatory Redemption Account. Amortization Installments shall be deposited to the credit of the Mandatory Redemption Account and be used to retire the principal amount of Term Bonds in the manner described in any ordinance, including this Ordinance, authorizing the issuance of Term Bonds. D. Surplus Proceeds. Effective at such time as the Previously Issued Priority Bonds are no longer Outstanding, the City may transfer excess amounts held in the Debt Service Fund to any fund or funds established for the payment of or security for the Priority Bonds (including any escrow established for the final payment of any such obligations pursuant to Chapter 1207, as amended, Texas Government Code) or use such excess amount for any lawful purpose now or hereafter provided by law; provided, however, to the extent that such excess amount represents bond proceeds, then such amount must remain in the Debt Service Fund. SECTION 10: Reserve Fund. A. Reserve Fund Established. There has heretofore been created and established and there shall be maintained on the books of the City a separate fund entitled the "City of Corpus 81029224.3 -17- -239- Christi Utility System Revenue Bonds Reserve Fund" (the "Reserve Fund"). There shall be deposited into the Reserve Fund any Reserve Fund Obligations so designated by the City. Reserve Fund Obligations in the Reserve Fund shall be deposited and maintained in an official depository bank of the City. Reserve Fund Obligations in the Reserve Fund shall be used solely for the purpose of retiring the last of any Priority Bonds as they become due or paying principal of and interest on any Priority Bonds when and to the extent the amounts in the Debt Service Fund are insufficient for such purpose. The Reserve Fund shall be maintained in an amount equal to the Average Annual Principal and Interest Requirements of the Outstanding Priority Bonds after giving consideration as an offset to debt service the receipt or anticipated receipt of a refundable tax credit or similar payment relating to a series of Priority Bonds irrevocably designated as refundable tax credit bonds pursuant to a prior parity lien ordinance amendment (the "Required Amount"). The City may, at its option, withdraw and transfer to the System Fund, all surplus in the Reserve Fund over the Required Amount. Upon the issuance of the Bonds, the Required Amount shall be $ , representing an increase of $ attributable to the issuance of the Bonds. As permitted by Section 18B, the City will satisfy this increase in the Required Amount attributable to the issuance of the Bonds by depositing not less than $ to the Reserve Fund not later than the 10th day of each month for 60 consecutive months, commencing , 2011. Credit Facility. The City may replace or substitute a Credit Facility for cash or Eligible Investments on deposit in the Reserve Fund or in substitution for or replacement of any existing Credit Facility. Upon such replacement or substitution, cash or Eligible Investments on deposit in the Reserve Fund which, taken together with the face amount of any existing Credit Facilities, are in excess of the Required Amount may be withdrawn by the City, at its option, and transferred to the System Fund; provided, however, that the face amount of any Credit Facility may be reduced at the option of the City in lieu of such transfer; provided further, however, that such transfer to the System Fund shall be spent only in accordance with applicable law including (but not limited to) restrictions on the expenditure of such funds to the extent that the same were originally derived from proceeds of bonds or other evidences of indebtedness. B. Withdrawals. If the City is required to make a withdrawal from the Reserve Fund for any of the purposes described in this Section, the City shall promptly notify any applicable Credit Facility Provider of the necessity for a withdrawal from the Reserve Fund for any such purposes, and shall make such withdrawal FIRST from available money or Eligible Investments then on deposit in the Reserve Fund, and NEXT from a drawing under any Credit Facility to the extent of such deficiency. C. Deficiencies. In the event of a deficiency in the Reserve Fund, or in the event that on the date of termination or expiration of any Credit Facility there is not on deposit in the Reserve Fund sufficient Reserve Fund Obligations, all in an aggregate amount at least equal to the Required Amount, then the City shall satisfy the Required Amount by depositing Reserve Fund Obligations into the Reserve Fund in monthly installments of not less than 1/60 of the Required Amount made on or before the 10th day of each month following such termination or expiration. D. Redemption; Defeasance. In the event of the redemption or defeasance of any Priority Bonds, any Reserve Fund Obligations on deposit in the Reserve Fund in excess of the Required Amount may be withdrawn and transferred, at the option of the City, to the System 81029224.3 -18- -240— Fund, as a result of (i) the redemption of any Priority Bonds, or (ii) funds for the payment of any Priority Bonds having been deposited irrevocably with the paying agent or place of payment therefor in the manner described in any ordinance authorizing the issuance of Priority Bonds, the result of such deposit being that such Priority Bonds no longer are deemed to be Outstanding under the terms of any such ordinance. E. Reimbursement of Credit Facility Provider. In the event there is a draw upon a Credit Facility, the City shall reimburse the Credit Facility Provider for such draw, in accordance with the terms of any agreement pursuant to which the Credit Facility is issued, from Pledged Revenues; provided, however, such reimbursement from Pledged Revenues shall be subordinate and junior in right of payment to the payment of principal of and premium, if any, and interest on the Priority Bonds. F. Additional Priority Bonds. Upon the issuance of Additional Priority Bonds the money in the Reserve Fund shall be increased to the newly -established Required Amount in accordance with the provisions of Section 18.B of this Ordinance. SECTION 11: Subordinated Obligations Funds and Accounts. The City hereafter may create, establish and maintain on the books of the City separate funds and accounts from which money can be withdrawn to pay the principal of and interest on Subordinated Obligations which hereafter may be issued. SECTION 12: Investments. Money in any Fund established pursuant to this Ordinance may, at the option of the City, be placed or invested in Eligible Investments. Money in the Reserve Fund shall not be invested in securities with an average aggregate weighted maturity of greater than seven years. If money in a Fund herein established are permitted to be invested, the value of any such Fund shall be established by adding the money therein to the Value of Investment Securities. The value of each such Fund shall be established annually during the last month of each Year, and in addition thereto and with respect to the Reserve Fund, value shall be established within thirty days prior to the issuance of Priority Bonds and at the time or times withdrawals are made therefrom. Such investments shall be sold promptly when necessary to prevent any default in connection with the Priority Bonds. Earnings derived from the investment of money on deposit in the various Funds and Accounts created hereunder shall be credited to the Fund or Account from which money used to acquire such investment shall have come. SECTION 13: Funds Secured. Money in the System Fund and all Funds created by this Ordinance, to the extent not invested, shall be secured in the manner prescribed by law for securing funds of the City. SECTION 14: Flow of Funds. All money in the System Fund not required for paying Operating Expenses during each month shall be applied by the City, on or before the 10th day of the following month, commencing during the months and in the order of priority with respect to the Funds and Accounts that such applications are hereinafter set forth in this Section. A. Debt Service Fund. To the credit of the Debt Service Fund, in the following order of priority, to -wit: 81029224.3 -19- -241— (1) such amounts, deposited in approximately equal monthly installments, commencing during the month in which the Priority Bonds are delivered, or the month thereafter if delivery is made after the 10th day thereof, as will be sufficient, together with other amounts, if any, in the Debt Service Fund available for such purpose (including specifically money on deposit in the Capitalized Interest Account, if any, dedicated thereto), to pay the interest scheduled to come due on Priority Bonds on the next succeeding interest payment date; (2) such amounts, deposited in approximately equal monthly installments, commencing during the month which shall be the later to occur of (i) the twelfth month before the first maturity date of Priority Bonds or (ii) the month in which Priority Bonds are delivered, or the month thereafter if delivery is made after the 10th day thereof, as will be sufficient, together with other amounts, if any, in the Debt Service Fund available for such purpose, to pay the principal scheduled to mature on Priority Bonds on the next succeeding principal payment date; and (3) Amortization Installments, in such amounts and on such dates as set forth in any ordinance authorizing a series of Priority Bonds which contain Term Bonds within such series, to pay scheduled principal amounts of Priority Bonds which constitute Term Bonds to be redeemed in accordance with the terms of said ordinance. B. Reserve Fund. To the credit of the Reserve Fund, such amounts, deposited in approximately equal monthly installments, commencing during the month in which the Priority Bonds are delivered, or the month thereafter if delivery is made after the I Oth day thereof, equal to not less than 1/60 of the Required Amount, until such time as such amounts together with other amounts, if any, in the Reserve Fund, equal the Required Amount. When and so long as the Reserve Fund Obligations in the Reserve Fund are not less than the Required Amount, no deposits need be made to the credit of the Reserve Fund. When and if the Reserve Fund at any time contains less than the Required Amount due to any cause or condition other than the issuance of Additional Priority Bonds then, subject and subordinate to making the required deposits to the credit of the Debt Service Fund, commencing with the month during which such deficiency occurs, such deficiency shall be made up from the next available Pledged Revenues or from any other sources available for such purpose. Reimbursements to a Credit Facility Provider made in accordance with the terms of Subsection 10.F of this Ordinance shall constitute the making up of a deficiency to the extent that such reimbursements result in the reinstatement, in whole or in part, as the case may be, of the amount of the Credit Facility. If the Reserve Fund contains less than the Required Amount due to the issuance of Additional Priority Bonds, deposits shall be made to the Reserve Fund commencing during the month and in the amounts required by Subsection 18.B of this Ordinance, unless a Credit Facility is deposited in the Reserve Fund in an amount necessary to cause the sum of money and the value of Investment Securities and any other Credit Facilities in the Reserve Fund to equal the Required Amount. C. Surplus. The balance of any money remaining in the System Fund following such transfers may be used by the City for payment of other obligations of the System, including, but not limited to, Subordinated Obligations, and for any other lawful purpose; provided, however, that transfers made for purposes other than for payment of obligations of the System shall be made only at the end of the Year. 81029224.3 -20- -242— SECTION 15: Deficiencies. If on any occasion there shall not be sufficient Pledged Revenues to make the deposits and other applications of money required by Section 14 with respect to the various Funds as provided therein, any such deficiencies shall be made up (in the order that each such Fund is provided for in Section 14) as soon as possible from the next available Pledged Revenues, or from any other sources available for such purpose. The foregoing notwithstanding, however, if any deficiency in the Reserve Fund occurs as a result of withdrawals therefrom or decreases in the market value of Eligible Investments on deposit therein, such deficiency will be made up from the next available Pledged Revenues within twelve months from the date of such deficiency is determined, with such deposits to the Reserve Fund to be made in not more than twelve substantially equal monthly payments. SECTION 16: Payment of Bonds. On or before the first scheduled Interest Payment Date, and on or before each interest payment date and principal payment date thereafter while any of the Priority Bonds are Outstanding and unpaid, the City shall make available to the paying agent therefor, out of the Debt Service Fund (and the other Funds, if necessary, in the order of priority set forth herein) money sufficient to pay such interest on and such principal amount of the Priority Bonds, as shall become due and mature on such dates, respectively, at maturity or by redemption prior to maturity. The Paying Agent/Registrar, or the bond registrar for each series of Priority Bonds shall destroy all paid Priority Bonds, as applicable, and furnish the City with an appropriate certificate of cancellation or destruction. SECTION 17: Final Deposits: Government Obligations. A. Defeasance. Any Priority Bond shall be deemed to be paid, retired and no longer Outstanding within the meaning of this Ordinance when payment of the principal amount of, redemption premium, if any, on such Priority Bond, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made in accordance with the terms thereof or (ii) shall have been provided for by irrevocably depositing with, or making available to, a paying agent (or escrow agent) therefor, in trust and irrevocably set aside exclusively for such payment, in accordance with the terms and conditions of an agreement between the City and said paying agent (or escrow agent), (I) money sufficient to make such payment or (2) Government Obligations, certified by an independent public accounting firm of national reputation, to mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such paying agent pertaining to the Priority Bonds with respect to which such deposit is made shall have been paid or the payment thereof provided for (and irrevocable instructions shall have been given by the City to the paying agent of such bonds to give notice of such redemption in the manner required by the ordinance or ordinances authorizing the issuance of such bonds) to the satisfaction of such paying agent. Such paying agent shall give notice to each registered owner of any Priority Bond that such deposit as described above has been made, in the same manner as described in Section 2.B of this Ordinance. In addition, in connection with a defeasance, such paying agent shall give notice of redemption, if necessary, to the registered owners of any Priority Bonds in the manner described in such Priority Bonds and as directed in the redemption instructions delivered by the City to such paying agent. At such time as a Priority Bond shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the 81029224.3 -21- -243— benefit of this Ordinance or a lien on and pledge of the Pledged Revenues, and shall be entitled to payment solely from such money or Government Obligations. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem defeased Bonds that is made in conjunction with the payment arrangements specified in subsection (i) or (ii) above shall not be irrevocable, provided that: (I) in the proceedings providing for such defeasance, the City expressly reserves the right to call the defeased Bonds for redemption; (2) gives notice of the reservation of that right to the owners of the defeased Bonds immediately following the defeasance; (3) directs that notice of the reservation be included in any redemption notices that it authorizes; and (4) at the time of the redemption, satisfies the conditions of (i) or (ii) above with respect to such defeased debt as though it was being defeased at the time of the exercise of the option to redeem the defeased Bonds, after taking the redemption into account in determining the sufficiency of the provisions made for the payment of the defeased Bonds. B. Government Obligations. Any money so deposited with a paying agent (or escrow agent) may, at the direction of the City, also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from all Government Obligations in the hands of the paying agent (or escrow agent) pursuant to this Section which is not required for the payment of the principal of such Priority Bonds, the redemption premium, if any, therefor, and interest thereon, with respect to which such money has been so deposited, shall be remitted to the City for deposit into the System Fund. C. Payment of Priority Bonds. Except as provided in Subsection B of this Section, all money or Government Obligations set aside and held in trust pursuant to the provisions of this Section for the payment of the principal of such Priority Bonds, the redemption premium, if any, therefor, and interest thereon, shall be applied solely to and used solely for the payment of such Priority Bonds, such redemption premium, if any, and interest thereon. SECTION 18: Issuance of Additional Priority Bonds. A. Reservation of Right to Issue Additional Priority Bonds. Subject to the provisions hereinafter appearing as conditions precedent which must first be satisfied, the City reserves the right to issue, from time to time as needed, Additional Priority Bonds for any lawful purpose relating to the System. Such Additional Priority Bonds may be issued in such form and manner as now or hereafter authorized by the laws of the State of Texas for the issuance of evidences of indebtedness or other instruments, and should new methods or financing techniques be developed that differ from those now available and in normal use, the City reserves the right to employ the same in its financing arrangements provided only that the same conditions precedent herein required for the authorization and issuance of Additional Priority Bonds are satisfied. B. Debt Service Fund and Reserve Fund; Funding Reserve Fund. The Debt Service Fund and the Reserve Fund confirmed by this Ordinance shall secure and be used to pay all Additional Priority Bonds hereafter issued. Upon the issuance and delivery of Additional Priority Bonds, the additional amount required to be deposited in the Reserve Fund shall be so accumulated by the deposit in the Reserve Fund of all or any part of said required additional amount in cash immediately after the delivery of such Additional Priority Bonds, or, at the 81029224.3 -22- -244- option of the City, (i) by the deposit of said required additional amount (or any balance of said required additional amount not deposited in cash as permitted above) in approximately equal monthly installments, made on or before the 10th day of each month following the delivery of such Additional Priority Bonds, of not less than 1/60th of said required additional amount (or 1/60th of the balance of said required additional amount not deposited in cash as permitted above) or (ii) by the deposit of a Credit Facility which, in whole or in combination with deposits described in clause (i) above, is sufficient to satisfy the required additional amount to be on deposit in the Reserve Fund. C. Calculations. All calculations of Average Annual Principal and Interest Requirements made pursuant to this Section shall be made as of and from the date of the Additional Priority Bonds then proposed to be issued. SECTION 19: Further Requirements for Additional Priority Bonds. A. Conditions Precedent for Issuance of Additional Priority Bonds - General. As a condition precedent to the issuance of any Additional Priority Bonds, the City Manager (or other officer of the City then having the responsibility for the financial affairs of the City) shall have executed a certificate stating (i) that the City is not then in default as to any covenant, obligation or agreement contained in any ordinance or other proceeding relating to any obligations of the City payable from and secured by a lien on and pledge of the Pledged Revenues and (ii) that the amounts on deposit in all Funds or Accounts created and established for the payment and security of all Outstanding obligations payable from and secured by a lien on and pledge of the Pledged Revenues are the amounts then required to be deposited therein. Such certificate shall be dated on or before the date of delivery of such Additional Priority Bonds, but such certificate shall not be dated prior to the date an ordinance is passed authorizing the issuance of such Additional Priority Bonds. B. Conditions Precedent for Issuance of Additional Priority Bonds - Capital Improvements and for any other Lawful Purpose except for Capital Additions or for Refunding. The City covenants and agrees that Additional Priority Bonds will not be issued for the purpose of financing Capital Improvements, or for any other lawful purpose (except for Capital Additions or for refunding, which are to be issued in accordance with the provisions of Subsection C, D or E of this Section) unless and until the conditions precedent in Subsection A above have been satisfied and, in addition thereto, the City has secured a certificate or opinion of the Accountant to the effect that, according to the books and records of the City, the Net Earnings (as hereinafter defined) for the preceding Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Priority Bonds is adopted are at least equal to 1.25 times the Average Annual Principal and Interest Requirements for all Outstanding Priority Bonds after giving effect to the Additional Priority Bonds then proposed. The foregoing notwithstanding, the City covenants and agrees that Additional Priority Bonds may not be issued for the purpose of financing Capital Improvements when other Outstanding Priority Bonds which have been issued for the purpose of financing Capital Additions and for which capitalized interest for such other Priority Bonds has been provided for at least the twelve months subsequent to the date of issuance of the Additional Priority Bonds then proposed to be issued, unless the conditions precedent in Subsection A above have been satisfied and, in addition thereto, the City has either (1) complied with the relevant conditions in this Subsection 81029224.3 -23- -245— as set forth above, or (2) if the relevant conditions of this Subsection B as set forth above cannot be satisfied, the City has satisfied the conditions precedent in Subsection C(i) and (ii) of this Section (but, for purposes of such clauses, the term Capital Improvements shall be substituted for the term Capital Additions where the term Capital Additions appears therein to the extent necessary to give recognition to the fact that Capital Improvements, rather than Capital Additions, are then to be financed) and has secured a certificate or opinion of the Accountant to the effect that, according to the books and records of the City, the Net Earnings for the preceding Year or for 12 consecutive months out of the 15 months immediately preceding the month the ordinance authorizing the Additional Priority Bonds is adopted are at least equal to 1.25 times the Average Annual Principal and Interest Requirements for all Outstanding Priority Bonds (other than any Priority Bonds issued for Capital Additions for which capitalized interest has been provided for at least the twelve months subsequent to the date of issuance of the Additional Priority Bonds proposed to be issued) after giving effect to the Priority Bonds then proposed. C. Conditions Precedent for Issuance of Additional Priority Bonds - Capital Additions: Initial Issue. The City covenants and agrees that Additional Priority Bonds will not be issued for the purpose of financing Capital Additions, unless the same conditions precedent specified in Subsection A above have been satisfied and, in addition thereto, either the relevant conditions precedent specified in Subsection B above are satisfied or, in the alternative, the City shall have obtained: (i) from the Engineer of Record a comprehensive Engineering Report for each Capital Addition to be financed, which report shall (A) contain (1) detailed estimates of the cost of acquiring and constructing the Capital Addition, (2) the estimated date the acquisition and construction of the Capital Addition will be completed and commercially operative, and (3) a detailed analysis of the impact of the Capital Addition on the financial operations of the system for which the Capital Addition is to be integrated and to the System as a whole during the construction thereof and for at least five Years after the date the Capital Addition becomes commercially operative, and (B) conclude that (1) the Capital Addition is necessary and will substantially increase the capacity, or is needed to replace existing facilities, to meet current and projected demands for the service or product to be provided thereby, and (2) the estimated cost of providing the service or product from the Capital Addition will be reasonable in comparison with projected costs for famishing such service or product from other reasonably available sources; and (ii) a certificate of the Engineer of Record to the effect that, based on the Engineering Report prepared for each Capital Addition, the projected Net Earnings for each of the five Years subsequent to the date the Capital Addition becomes commercially operative (as estimated in the Engineering Report) will be equal to at least 1.25 times the Average Annual Principal and Interest Requirements for Priority Bonds then Outstanding or incurred and all Priority Bonds estimated to be issued, if any, for all Capital Improvements and for all Capital Additions then in progress or then being initiated, during the period from the date the first series of obligations for the Capital Additions is to be delivered through the fifth Year subsequent to the date the Capital Addition is estimated to become commercially operative. D. Completion Issues. Once a Capital Addition has been initiated by meeting the conditions precedent specified in Subsection C(i) and (ii) above and the initial Priority Bonds issued therefor are delivered, the City reserves the right to issue Additional Priority Bonds to finance the remaining costs of such Capital Addition in such amounts as may be necessary to complete the acquisition and construction thereof and make the same commercially operative without satisfaction of any condition precedent under Subsection C(i) and (ii) or Subsection B of 81029224.3 -24- -246— this Section but subject to satisfaction of the following conditions precedent: (i) the City makes a forecast (the "Forecast") of the operations of the System demonstrating the System's ability to pay all obligations, payable from the Pledged Revenues of the System to be Outstanding after the issuance of the Additional Priority Bonds then being issued for the period (the "Forecast Period") of each ensuing Year through the fifth Year subsequent to the latest estimated date such Capital Addition is expected to be commercially operative; and (ii) the Engineer of Record reviews such Forecast and executes a certificate to the effect that (A) such Forecast is reasonable, and based thereon (and such other factors deemed to be relevant), the Pledged Revenues of the System will be adequate to pay all the obligations, payable from the Pledged Revenues of the System to be Outstanding after the issuance of the Additional Priority Bonds then being issued for the Forecast Period and (B) the proceeds from the sale of such Additional Priority Bonds are estimated to be sufficient to complete such acquisition and construction. E. Refunding Issues. The City reserves the right to issue refunding bonds to refund all or any part of the Outstanding Priority Bonds (pursuant to any law then available), upon such terms and conditions as the governing body of the City may deem to be in the best interest of the City and its inhabitants, and if less than all such Outstanding Priority Bonds are refunded, the conditions precedent prescribed in Subsection A and B of this Section shall be satisfied and the Accountant's certificate or opinion required by Subsection B shall give effect to the issuance of the proposed refunding bonds (and shall not give effect to the Priority Bonds being refunded following their cancellation or provision being made for their payment). In addition, the City reserves the right to refund all or any part of any other obligations of the System, upon such terms and conditions as the Governing Body of the City may deem to be in the best interest of the City and its inhabitants, provided that the conditions prescribed in Subsection A and B of this Section shall be satisfied. No Accountant's certificate otherwise required by Subsection B will be required for refunding bonds, after giving effect to such proposed refunding, if there is no increase in debt service for any Year in which there will be debt service on Priority Bonds Outstanding both before and after such refunding. F. Computations; Reports. With reference to Priority Bonds anticipated and estimated to be issued or incurred, the Average Annual Principal and Interest Requirements therefor shall be those reasonably estimated and computed by the City's Director of Financial Services (or other officer of the City then having the primary responsibility for the financial affairs of the City) after giving effect to the receipt or anticipated receipt of a refundable tax credit or similar payment relating to a series of Priority Bonds irrevocably designated as refundable tax credit bonds, which payment shall be treated as an offset to regularly scheduled debt service of the series of Priority Bonds to which it relates. In the preparation of the Engineering Report required in Subsection C(i) above, the Engineer of Record may rely on other experts or professionals, including those in the employment of the City, provided such Engineering Report discloses the extent of such reliance and concludes it is reasonable so to rely. In connection with the issuance of Priority Bonds for Capital Additions, the certificate of the City's Director of Financial. Services and Engineer of Record, together with the Engineering Report for the initial issue and the Forecast for a subsequent issue, shall be conclusive evidence and the only evidence required to show compliance with the provisions and requirements and this clause of this Section. G. Combination Issues. Priority Bonds for Capital Additions may be combined in a single issue with Priority Bonds for Capital Improvements or for any lawful purpose provided 81029224.3 -25- -247— the conditions precedent set forth in Subsection B through E are complied with as the same relate to the appropriate purpose. H. Subordinated Obligations. The City may, at any time and from time to time, for any Lawful purpose, issue Subordinated Obligations, the principal of and redemption premium, if any, and interest on which is payable from and secured by a pledge of and lien on the Pledged Revenues junior and subordinate to the lien and pledge created hereby for the security of the Priority Bonds and the payments required to be made hereunder into the Debt Service Fund and the Reserve Fund; provided, however, that any such pledge and lien securing the Subordinated Obligations shall be, and shall be expressed to be, subordinate in all respects to the pledge of and lien on the Pledged Revenues as security for the Priority Bonds; and provided further that any default with respect to the issuance of Subordinated Obligations will not be deemed a default with respect to the Priority Bonds. I. Definition of Net Earnings. As used in this Section, the term "Net Earnings" shall mean the Gross Revenues of the System after deducting the Operating Expenses of the System, but not expenditures which, under standard accounting practice, should be charged to capital expenditures. J. Determination of Net Earnings. In making a determination of Net Earnings for any of the purposes described in this Section, the Accountant may take into consideration a change in the rates and charges for services and facilities afforded by the System that became effective at least 60 days prior to the Last day of the period for which Net Earnings are determined and, for purposes of satisfying any of the Net Earnings test described above, make a pro forma determination of the Net Earnings of the System for the period of time covered by the Accountant's certification or opinion based on such change in rates and charges being in effect for the entire period covered by the Accountant's certificate or opinion. SECTION 20: General Covenants. The City further covenants and agrees that in accordance with and to the extent required or permitted by law: A. Performance. It will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of Additional Priority Bonds; it will promptly pay or cause to be paid the principal amount of and interest on every Priority Bond, on the dates and in the places and manner prescribed in such ordinances and such Priority Bonds; and it will, at the time and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the System Fund and the Funds herein created; and any registered owner of any Priority Bond may require the City, its officials and employees to carry out, respect or enforce the covenants and obligations of this Ordinance, or any ordinance authorizing the issuance of Priority Bonds, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials and employees. B. City's Legal Authority. It is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas to issue the Bonds; that all action on its part for the issuance of the Bonds has been duly and effectively taken, and that the 81029224.3 -26- -248— Bonds in the hands of the owners thereof are and will be valid and enforceable special obligations of the City in accordance with their terms. C. Acquisition and Construction; Operation and Maintenance. (1) It shall use its best efforts in accordance with Prudent Utility Practice to acquire and construct, or cause to be acquired and constructed, any Capital Additions or Capital Improvements, in accordance with the plans and specifications therefor, as modified from time to time, with due diligence and in a sound and economical manner; and (2) it shall at all times use its best efforts to operate or cause to be operated the System properly and in an efficient manner, consistent with Prudent Utility Practice, and shall use its best efforts to maintain, preserve, reconstruct and keep the same or cause the same to be so maintained, preserved, reconstructed and kept, with the appurtenances and every part and parcel thereof, in good repair, working order and condition, and shall from time to time make, or use its best efforts to cause to be made, all necessary and proper repairs, replacement and renewals so that at all times the operation of the System may be properly and advantageously conducted. D. Title. It has or will obtain lawful title, whether such title is in fee or lesser interest, to the lands, buildings, structures and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures and facilities, and every part thereof, for the benefit of the owners of the Priority Bonds, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the Priority Bonds in the manner prescribed herein, and has lawfully exercised such rights. E. Liens. It will from time to time and before the same become delinquent pay and discharge all taxes, assessments and governmental charges, if any, which shall be lawfully imposed upon it, or the System; it will pay all lawful claims for rents, royalties, labor, materials and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and it will not create or suffer to be created any mechanic's, laborer's, materialman's or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided however, that no such tax, assessment or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, materialman's or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. F. No Free Service. No free service or service otherwise than in accordance with the established rate schedule shall be furnished, directly or indirectly, by the System to any person, firm, corporation or other entity, other than the City. No part of the salary of any official or employee of the City or his replacement shall be paid from Pledged Revenues unless and only to the extent the duties and performances of such official or employee or his replacement appertain directly to the System. To the extent the City receives the services of the System, such services shall be accounted for according to the established rate schedule. G. Further Encumbrance. It will not additionally encumber the Pledged Revenues in any manner, except as permitted in this Ordinance in connection with Priority Bonds, unless said encumbrance is made junior and subordinate in all respects to the liens, pledges, covenants and 81029224.3 -27- -249- agreements of this Ordinance; but the right of the City to issue Subordinated Obligations payable in whole or in part from a subordinate lien on the Pledged Revenues is specifically recognized and retained. H. Sale, Lease or Disposal of Property. No part of the System shall be sold, leased, mortgaged, demolished, removed or otherwise disposed of, except as follows: (1) To the extent permitted by law, the City may sell or exchange at any time and from time to time any property or facilities constituting part of the System only if (A) it shall determine such property or facilities are not useful in the operation of the System, or (B) the proceeds of such sale are $250,000 or less, or it shall have received a certificate executed by the Engineer of Record and the City Manager stating, in their opinion, that the fair market value of the property or facilities exchanged is $250,000 or less, or (C) if such proceeds or fair market value exceeds $250,000 it shall have received a certificate executed by the Engineer of Record and the City Manager stating (i) that system within the System of which the property or facilities comprises a part thereof and (ii) in their opinion, that the sale or exchange of such property or facilities will not impair the ability of the City to comply during the current or any future Year with the provisions of Subsection K of this Section. The proceeds of any such sale or exchange not used to acquire other property necessary or desirable for the safe or efficient operation of the System shall forthwith, at the option of the City (i) be used to redeem or purchase Priority Bonds, or (ii) otherwise be used to provide for the payment of Priority Bonds. The foregoing notwithstanding, if such property or facilities sold or exchanged constituted property or facilities comprising all or a part of a system within the System, the acquisition, .improvement or extension of such system having not been financed by the City in any manner with the proceeds of Priority Bonds, or with the proceeds of obligations which were refunded in whole or in part with the proceeds of Priority Bonds, then the City may utilize the proceeds of such sale or exchange for any lawful purpose; and (2) To the extent permitted by law, the City may lease or make contracts or grant licenses for the operation of, or make arrangements for the use of, or grant easements or other rights with respect to, any part of the System, provided that any such lease, contract, license, arrangement, easement or right (A) does not impede the operation by the City of the System and (B) does not in any manner impair or adversely affect the rights or security of the owners of the Priority Bonds under this Ordinance; and provided, further, that if the depreciated cost of the property to be covered by any such lease, contract, license, arrangement, easement or other right is in excess of $500,000, the City shall have received a certificate executed by the Engineer of Record and the City Manager that the action of the City with respect thereto does not result in a breach of the conditions under this clause (2). Any payments received by the City under or in connection with any such lease, contract, license, arrangement, easement or right in respect of the System or any part thereof shall constitute Gross Revenues. I. Books, Records and Accounts. It shall keep proper books, records and accounts separate and apart from all other records and accounts, in which complete and correct entries 81029224.3 -28- -250- shall be made of all transactions relating to the System and the City shall cause said books and accounts to be audited annually as of the close of each Year by the Accountant. J. Insurance. (1) Except as otherwise permitted in clause (2) below, it shall cause to be insured such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents or casualties against which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance shall also be carried unless the City Attorney gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. At any time while any contractor engaged in construction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the contractor is required to carry appropriate insurance. All such policies shall be open to the inspection of the bondholders and their representatives at all reasonable times. (2) In lieu of obtaining policies for insurance as provided above, the City may self -insure against risks, accidents, claims or casualties described in clause (1) above. (3) The annual audit hereinafter required shall contain a section commenting on whether or not the City has complied with the requirements of this Section with respect to the maintenance of insurance, and listing the areas of insurance for which the City is self-insuring, all policies carried, and whether or not all insurance premiums upon the insurance policies to which reference is hereinbefore made have been paid. K. Rate Covenant. It will fix, establish, maintain and collect such rates, charges and fees for the use and availability of the System at all times as are necessary to produce Gross Revenues and other Pledged Revenues equal to the greater of amounts determined in accordance with clauses (1) or (2) below, to -wit, amounts sufficient: (1) (A) to pay all current Operating Expenses of the System, and (B) to produce Net Revenues for each Year at least equal to 1.25 times the Average Annual Principal and Interest Requirements of all then Outstanding Priority Bonds; or (2) to pay the sum of (A) all current Operating Expenses, (B) the Average Annual Principal and Interest Requirements on the then Outstanding Priority Bonds, (C) deposits to the Reserve Fund required for the Priority Bonds, and (D) amounts required to pay all other obligations of the System reasonably anticipated to be paid from Gross Revenues during the current Year. The calculation of Average Annual Principal and Interest Requirements on all Outstanding Priority Bonds shall be net of (1) capitalized interest for such Priority Bonds only if the money in a Capitalized Interest Account received from proceeds of such Priority Bonds held in cash or are invested in Government Obligations and (2) the receipt or anticipated receipt of a refundable tax credit or similar payment relating to a series of Priority Bonds irrevocably designated as refundable tax credit bonds, which payment shall be treated as one offset to regularly scheduled debt service of the series of Priority Bonds to which it relates.. The foregoing notwithstanding, such rates, charges and fees shall be fixed, established, maintained and collected at a level sufficient to enable the City to pay debt service on Priority Bonds during the current Year. 81029224.3 -29- -251- L. Audits. After the close of each Year while any Priority Bonds are Outstanding, an audit will be made of the books and accounts relating to the System and the Pledged Revenues by the Accountant. As soon as practicable after the close of each such Year, and when said audit has been completed and made available to the City, a copy of such audit for the preceding year shall be mailed to any holder of the then Outstanding Priority Bonds who shall so request in writing. Such annual audit reports shall be open to the inspection of the registered owners of the Priority Bonds and their agents and representatives at all reasonable times. M. Governmental Agencies. It will comply with all of the terms and conditions of any and all franchises, permits and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation and maintenance of the System. N. No Competition. To the extent it legally may, it will not grant any franchise or permit for the acquisition, construction or operation of any competing facilities which might be used as a substitute for the System's facilities, and, to the extent that it legally may, the City will prohibit any such competing facilities. O. Rights of Inspection. The Engineer of Record or any registered owner of $100,000 in aggregate principal amount of the Priority Bonds then Outstanding shall have the right at all reasonable times to inspect the System and all records, accounts and data of the City relating thereto, and upon request the City shall furnish to the Engineer of Record or such registered owner, as the case may be, such financial statements, reports and other information relating to the City and the System as the Engineer of Record or such registered owner may from time to time reasonably request. SECTION 21: Covenants Regarding Tax -Exemption. A. Definitions. When used in this Section, the following terms have the following meanings: "Code" means the Internal Revenue Code of 1986, as amended by all legislation, if any, effective on or before the Closing Date. "Computation Date" has the meaning set forth in section 1.148-1(b) of the Regulations. "Gross Proceeds" means any proceeds as defined in section 1.148-1(b) of the Regulations, and any replacement proceeds as defined in section 1.148-1(c) of the Regulations, of the Bonds. "Investment" has the meaning set forth in section 1.148-1(b) of the Regulations. "Nonpurpose Investment" means any investment property, as defined in section 148(b) of the Code, in which Gross Proceeds of the Bonds are invested and which is not acquired to carry out the governmental purposes of the Bonds. 81029224.3 -30- -252- "Rebate Amount" has the meaning set forth in section 1.148-1(b) of the Regulations. "Regulations" means any proposed, temporary, or final Income Tax Regulations issued pursuant to sections 103 and 141 through 150 of the Code, and 103 of the Internal Revenue Code of 1954, which are applicable to the Bonds. Any reference to any specific Regulation shall also mean, as appropriate, any proposed, temporary or final Income Tax Regulation designed to supplement, amend or replace the specific Regulation referenced. "Yield" of 1) any Investment has the meaning set forth in section 1.148-5 of the Regulations; and 2) the Bonds has the meaning set forth in section 1.148-4 of the Regulations. B. Not to Cause Interest to Become Taxable. The City shall not use, permit the use of, or omit to use Gross Proceeds or any other amounts (or any property the acquisition, construction or improvement of which is to be financed directly or indirectly with Gross Proceeds) in a manner which if made or omitted, respectively, would cause the interest on any Bond to become includable in the "gross income", as defined in section 61 of the Code, of the owner thereof for federal income tax purposes. Without limiting the generality of the foregoing, unless and until the City receives a written opinion of counsel nationally recognized in the field of municipal bond law to the effect that failure to comply with such covenant will not adversely affect the exemption from federal income tax of the interest on any Bond, the City shall comply with each of the specific covenants in this Section. C. No Private Use or Private Payments. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall at all times prior to the last stated maturity of Bonds: (1) exclusively own, operate and possess all property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with Gross Proceeds of the Bonds, and not use or permit the use of such Gross Proceeds (including all contractual arrangements such as take, take or pay, certain requirements and other similar output contracts or arrangements with terms different than those applicable to the general public) or any property acquired, constructed or improved with such Gross Proceeds in any activity carried on by any person or entity (including the United States or any agency, department and instrumentality thereof) other than a state or local government, unless such use is solely as a member of the general public; and (2) not directly or indirectly impose or accept any charge or other payment by any person or entity who is treated as using Gross Proceeds of the Bonds or any property the acquisition, construction or improvement of which is to be financed or refinanced directly or indirectly with such Gross Proceeds, other than taxes of general application within the City or interest earned on investments acquired with such Gross Proceeds pending application for their intended purposes. 81029224.3 -31- -253- (3) not allow any "nonqualified amount" (as defined in section 141(b)(8) of the Code) of the Bonds to exceed the excess of (i) $15,000,000 over (ii) the aggregate nonqualified amounts with respect to all prior tax-exempt bonds, five percent or more of the proceeds of which are or will be used with respect to any facility financed by the Bonds (or any other facility which is part of the same project as a facility financed by the), all within the meaning of section 141(b)(4) of the Code; and (4) not allow more than the lesser of (i) $5,000,000 or (ii) five percent of the proceeds of the Bonds to acquire nongovernmental output property, as defined in section 141(d)(2) of the Code, except if 95 percent or more of the output from such facility will be consumed in a "qualified service area" (as defined in section 141(d)(3 of the Code) of the City or in a "qualified annexed area" (as defined in section 141(d)(3) of the Code) of the City. D. No Private Loan. Except to the extent that it will not cause the Bonds to become "private activity bonds" within the meaning of section 141 of the Code and the Regulations and rulings thereunder, the City shall not use Gross Proceeds of the Bonds to make or fmance loans to any person or entity other than a state or local government. For purposes of the foregoing covenant, such Gross Proceeds are considered to be "loaned" to a person or entity if: (1) property acquired, constructed or improved with such Gross Proceeds is sold or leased to such person or entity in a transaction which creates a debt for federal income tax purposes; (2) capacity in or service from such property is committed to such person or entity under a take -or -pay, output or similar contract or arrangement; or (3) indirect benefits, or burdens and benefits of ownership, of such Gross Proceeds or any property acquired, constructed or improved with such Gross Proceeds are otherwise transferred in a transaction which is the economic equivalent of a loan. E. Not to Invest at Higher Yield. Except to the extent that it will not cause the Bonds to become "arbitrage bonds" within the meaning of section 148 of the Code and the Regulations and rulings thereunder, the City shall not at any time prior to the final stated maturity of the Bonds directly or indirectly invest Gross Proceeds in any Investment, if as a result of such investment the Yield of any Investment acquired with Gross Proceeds, whether then held or previously disposed of, materially exceeds the Yield of the Bonds. F. Not Federally Guaranteed. Except to the extent permitted by section 149(b) of the Code and the Regulations and rulings thereunder, the City shall not take or omit to take any action which would cause the Bonds to be federally guaranteed within the meaning of section 149(b) of the Code and the Regulations and rulings thereunder. G. Information Report. The City shall timely file the information required by section I49(e) of the Code with the Secretary of the Treasury on Form 8038-G or such other form and in such place as the Secretary may prescribe. H. Rebate of Arbitrage Profits. Except to the extent otherwise provided in section 148(0 of the Code and the Regulations and rulings thereunder: (1) The City shall account for all Gross Proceeds (including all receipts, expenditures and investments thereof) on its books of account separately and apart from 81029224.3 -32- -254— all other funds (and receipts, expenditures and investments thereof) and shall retain all records of accounting for at least six years after the day on which the last Outstanding Bond is discharged. However, to the extent permitted by law, the City may commingle Gross Proceeds with other money of the City, provided that the City separately accounts for each receipt and expenditure of Gross Proceeds and the obligations acquired therewith. (2) Not less frequently than each Computation Date, the City shall calculate the Rebate Amount in accordance with rules set forth in section 148(f) of the Code and the Regulations and rulings thereunder. The City shall maintain such calculations with its official transcript of proceedings relating to the issuance of the Bonds until six years after the final Computation Date. (3) As additional consideration for the purchase of the Bonds by the Purchaser and the loan of the money represented thereby and in order to induce such purchase by measures designed to insure the excludability of the interest thereon from the gross income of the owners thereof for federal income tax purposes, the City shall pay to the United States out of the Debt Service Fund or its general fund, as permitted by applicable Texas statute, regulation or opinion of the Attorney General of the State of Texas, any Rebate Amount in the manner and on or before the dates specified in section 148(f) of the Code and the Regulation and rulings thereunder. In all cases, the rebate payments shall be made at the times, in the installments, to the place and in the manner as is or may be required by section 148(0 of the Code and the Regulations and rulings thereunder, and shall be accompanied by Form 8038-T or such other forms and information as is or may be required by section 148(0 of the Code and the Regulations and rulings thereunder. (4) The City shall exercise reasonable diligence to assure that no errors are made in the calculations and payments required by paragraphs (2) and (3), and if an error is made, to discover and promptly correct such error within a reasonable amount of time thereafter (and in all events within one hundred eighty (180) days after discovery of the error), including payment to the United States of any additional Rebate Amount owed to it, interest thereon, and any penalty imposed under section 1.148 3(h) of the Regulations. I. Not to Divert Arbitrage Profits. Except to the extent permitted by section 148 of the Code and the Regulations and rulings thereunder, the City shall not, at any time prior to the earlier of the stated maturity or final payment of the Bonds, enter into any transaction that reduces the amount required to be paid to the United States pursuant to Subsection H of this Section because such transaction results in a smaller profit or a larger loss than would have resulted if the transaction had been at arm's length and had the Yield of the Bonds not been relevant to either party. J. Bonds Not Hedge Bonds. (1) The City reasonably expects to spend at least 85% of the spendable proceeds of the Bonds within three years after the issue of such Bonds. 81029224.3 -33- -255— (2) Not more than 50% of the proceeds of the Bonds will be invested in Nonpurpose Investments having a substantially guaranteed Yield for a period of 4 years or more. K. Temporary Periods. The City will or will not waive temporary periods with respect to the Bonds as provided in the City's Tax Exemption Certificate. L. Elections. The City hereby directs and authorizes the Mayor, Mayor Pro Tem, City Manager, any Assistant City Manager, and the City's Interim Director of Financial Services, either or any combination of the foregoing, to make such elections in the Certificate as to Tax Exemption or similar or other appropriate certificate, form, or document permitted or required pursuant to the provisions of the Code, or Regulations as they deem necessary or appropriate in connection with the Bonds, and other transactions related to any Priority Bonds. Such elections shall be deemed to be made on the Closing Date. SECTION 22: Taxable Obligations. The provisions of Section 21 of this Ordinance notwithstanding, the City reserves the ability to issue Additional Priority Bonds in a manner such that such obligations are not obligations described in section 103(a) of the Code or are obligations which constitute "private activity bonds" within the meaning of section 141 of the Code. SECTION 23: Amendment of Ordinance. A. Approval by Registered Owners. The registered owners of a majority in aggregate principal amount of the Priority Bonds then Outstanding shall have the right from time to time to approve any amendment to this Ordinance which may be deemed necessary or desirable by the City; provided, however, that without the consent of the registered owners of all of the Priority Bonds at the time Outstanding, nothing herein contained shall permit or be construed to permit the amendment of the terms and conditions in this Ordinance or in the Priority Bonds so as to: (1) make any change in the maturity of any of the Outstanding Priority Bonds; (2) reduce the rate of interest borne by any of the Outstanding Priority Bonds; (3) reduce the amount of the principal payable on the Outstanding Priority Bonds; (4) modify the terms of payment of principal of, premium, if any, or interest on the Outstanding Priority Bonds or impose any conditions with respect to such payment; (5) affect the rights of the registered owners of less than all of the Priority Bonds then Outstanding; (6) amend this Subsection A of this Section; or (7) change the minimum percentage of the principal amount of Priority Bonds necessary for consent to any amendment; 81029224.3 -34- -256- unless such amendment or amendments be approved by the registered owners of all of the Priority Bonds then Outstanding. B. Notice. If at any time the City shall desire to amend the Ordinance under this Section, the City shall cause notice of the proposed amendment to be published in a financial newspaper or journal published in The City of New York, New York, and a newspaper of general circulation in the City, once during each calendar week for at least two successive calendar weeks. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agent/Registrar for inspection by all holders of Priority Bonds. Such publication is not required, however, if notice in writing is given to each registered owner of Priority Bonds. C. Consent Obtained. Whenever at any time not less than 30 days, and within one year, from the date of the first publication of said notice or other service of written notice, the City shall receive an instrument or instruments executed by the registered owners of at least a majority in aggregate principal amount of the Priority Bonds then Outstanding, which instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substantially the form of the copy thereof on file with the Paying Agent/Registrar, the Governing Body may pass the amendatory ordinance in substantially the same form. D. Amendatory Ordinance. Upon the passage of any amendatory ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be amended in accordance with such amendatory ordinance, and the respective rights, duties and obligations under this Ordinance of the City and all the registered owners of then Outstanding Priority Bonds and all future Priority Bonds shall thereafter be determined, exercised and enforced hereunder, subject in all respects to such amendments. E. Consent Irrevocable for Six Months. Any consent given by the registered owner of a Priority Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the first publication of the notice provided for in this Section, and shall be conclusive and binding upon all future registered owners of the same Priority Bond during such period. Such consent may be revoked at any time after six months from the date of the first publication of such notice by the registered owner who gave such consent, or by a successor in title, by filing notice thereof with the Paying Agent/Registrar and the City, but such revocation shall not be effective if the registered owners of at least a majority in aggregate principal amount of the then Outstanding Priority Bonds as in this Section defined have, prior to the attempted revocation, consented to and approved the amendment. F. Amendments without Consent. The foregoing provisions of this Section notwithstanding, the City, by action of the Governing Body may amend this Ordinance for any one or more of the following purposes: (1) to add to the covenants and agreements of the City in this Ordinance contained, other covenants and agreements thereafter to be observed, grant additional rights or remedies to the registered owners of the Priority Bonds or to surrender, restrict or limit any right or power herein reserved to or conferred upon the City; 81029224.3 -35- -257— (2) to make such provisions for the purpose of curing any ambiguity, or curing, correcting or supplementing any defective provision contained in this Ordinance, or in regard to clarifying matters or questions arising under this Ordinance, as are necessary or desirable and not contrary to or inconsistent with this Ordinance and which shall not adversely affect the interests of the registered owners of the Priority Bonds then Outstanding; (3) to modify any of the provisions of this Ordinance in any other respect whatever, provided that (i) such modification shall be, and be expressed to be, effective only after all Bonds and each series of Additional Priority Bonds Outstanding at the date of the adoption of such modification shall cease to be Outstanding, and (ii) such modification shall be specifically referred to in the text of all Priority Bonds issued after the date of the adoption of such modification; (4) to make such amendments to this Ordinance as may be required, in the opinion of nationally recognized bond counsel acceptable to the City, to ensure compliance with sections 103 and 141 through 150 of the Code and the regulations promulgated thereunder and applicable thereto; (5) to make such changes, modifications or amendments as may be necessary or desirable in order to allow the owners of the Priority Bonds to thereafter avail themselves of a book -entry system for payments, transfers and other matters relating to the Priority Bonds, which changes, modifications or amendments are not contrary toor inconsistent with other provisions of this Ordinance and which shall not adversely affect the interests of the owners of the Priority Bonds; (6) to make such changes, modifications or amendments as are permitted by Section 30.D of this Ordinance; (7) to make such changes, modifications or amendments as may be necessary or desirable in order to obtain or maintain the granting of a rating on the Priority Bonds by a Rating Agency or to obtain or maintain a Credit Facility, or to obtain the approval of the Bonds from the Attorney General of the State of Texas; and (8) to make such changes, modifications or amendments as may be necessary or desirable, which shall not adversely affect the interests of the owners of the Priority Bonds, in order, to the extent permitted by law, to facilitate the economic and practical utilization of interest rate swap agreements, foreign currency exchange agreements, or similar type of agreements with respect to the Priority Bonds. Notice of any such amendment may be published by the City in the manner described in Subsection B of this Section; provided, however, that the publication of such notice shall not constitute a condition precedent to the adoption of such amendatory ordinance and the failure to publish such notice shall not adversely affect the implementation of such amendment as adopted pursuant to such amendatory ordinance. 81029224.3 -36- -258- SECTION 24: Damaged, Mutilated, Lost, Stolen, or Destroyed Bonds. A. Substitute Bonds. In the event any Outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. B. Application for Replacement. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the applicant for a replacement bond shall fumish to the City and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the applicant shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the applicant shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated. C. Payment upon Maturity. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the City may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. D. Cost of Replacement Bonds. Prior to the issuance of any replacement Bond, the Paying Agent/Registrar shall charge the owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement Bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. E. Authority for Replacement Bonds. In accordance with Chapter 1206, as amended, Texas Government Code, this Section of this Ordinance shall constitute authority for the issuance of any such replacement Bond without necessity of further action by the Governing Body or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such bonds in the form and manner and with the effect, as provided in Subsection 4.A of this Ordinance for Bonds issued in exchange for other Bonds. SECTION 25: Sale of Bonds- Official Statement Approval — Approval of Purchase Contract. The Bonds authorized by this Ordinance are hereby sold by the City to , Texas, as the authorized representative of a group of underwriters (the "Purchasers", and having all the rights, benefits, and obligations of a Holder) in accordance with the provisions of a Purchase Contract dated , 2011 (the 81029224.3 -37- -259- "Purchase Contract") attached hereto as Exhibit C and incorporated herein by reference as a part of this Ordinance for all purposes. The Initial Bonds shall be registered in the name of . Any Authorized Representative is hereby authorized and directed to execute the Purchase Contract for and on behalf of the City and as the act and deed of the City Council, and in regard to the approval and execution of the Purchase Contract, the City Council hereby finds, determines and declares that the representations, warranties, and agreements of the City contained in the Purchase Contract are true and correct in all material respects and shall be honored by the City. Delivery of the Bonds to the Purchaser shall occur as soon as practicable after the adoption of this Ordinance, upon payment therefor in accordance with the terms of the Purchase Contract. Furthermore, the Issuer hereby ratifies, confirms, and approves in all respects (i) the Issuer's prior determination that the Preliminary Official Statement was, as of its date, "deemed final" in accordance with the Rule (hereinafter defined) and (ii) the use and distribution of the Preliminary Official Statement by the Purchaser in connection with the public offering and sale of the Bonds. The final Official Statement, being a modification and amendment of the Preliminary Official Statement to reflect the terms of sale (together with such changes approved by an Authorized Representative), shall be and is hereby in all respects approved and the Purchaser is hereby authorized to use and distribute the final Official Statement, dated 2011, in the reoffering, sale and delivery of the Bonds to the public. The Mayor and/or City Secretary are further authorized and directed to manually execute and deliver for and on behalf of the Issuer copies of the Official Statement in final form as may be required by the Purchaser, and such final Official Statement in the form and content manually executed by said officials shall be deemed to be approved by the City Council and constitute the Official Statement authorized for distribution and use by the Purchaser. Proceeds from the sale of the Bonds, after depositing $ representing accrued interest on the Bonds to the Bond Fund and paying costs of issuance, shall be deposited into the special construction account or accounts created for the projects to be constructed with the proceeds of the Bonds. This special construction account shall be established and maintained at the Depository and shall be invested in accordance with the provisions of Section 12 of this Ordinance. Interest earned on the proceeds of the Bonds pending completion of construction of the projects financed with such proceeds shall be accounted for, maintained, deposited, and expended as permitted by the provisions of Chapter 1201, as amended, Texas Government Code, or as required by any other applicable law. Thereafter, such amounts shall be expended in accordance with Section 14 of this Ordinance. SECTION 26: Approval and Registration of Bonds. The City Manager of the City is hereby authorized to have control of the Bonds and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination and approval by the Attorney General, and their registration by the Comptroller of Public Accounts. Upon registration of the Bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act therefor) shall manually sign the Comptroller's Registration Certificate accompanying the Bonds, and the seal of said Comptroller shall be impressed, or placed in facsimile, on each such certificate. 81029224.3 -38- -260- SECTION 27: 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": (1) the failure to make payment of the principal of, premium, if any, or interest on any of the Bonds when the same becomes due and payable; or (2) default in the performance or observance of any other covenant, agreement or obligation of the City, the failure to perform which materially, adversely affects the rights of the registered owners of the Bonds, including, but not limited to, their prospect or ability to be repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any registered owner to the City. B. Remedies for Default. (1) Upon the happening of any Event of Default, then and in every case, any registered owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the City, or any official, officer or employee of the City in their official capacity, for the purpose of protecting and enforcing the rights of the registered owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by 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. (2) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all registered owners of Bonds then Outstanding. C. Remedies Not Exclusive. (1) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Bonds 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 Bonds shall not be available as a remedy under this Ordinance. (2) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. (3) By accepting the delivery of a Bond authorized under this Ordinance, such registered owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary Liability or charge against the officers, employees or trustees of the City or the Governing Body. 81029224.3 -39- -261- (4) None of the members of the Governing Body, 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. SECTION 28: Further Proceedings. The Mayor, the City Manager, any Assistant City Manager, the City Secretary, and the Interim Director of Financial Services, and all other officers, employees and agents of the City, and each of them, shall be and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and under the corporate 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 and the Bonds, including, but not limited to, conforming documents to receive the approval of the Attorney General and to receive a rating from any Rating Agency, the printing of a statement relating to the insuring of the Bonds by a municipal bond insurance company, and the Representation Letter. SECTION 29: Bond Insurance and Debt Service Reserve Fund Insurance Policies. An Authorized Representative is authorized, in connection with effecting the sale of the Bonds, to obtain from a municipal bond insurance company so designated in the Approval Certificate a municipal bond insurance policy (as hereinafter defined and described as the "Policy") and a debt service reserve fund (or surety) policy (the "Surety Policy") in support of the Bonds. To that end, should an Authorized Representative exercise such authority and commit the City to obtain either a Policy or a Surety Policy, or both, for so long as either or both policies are in effect, the requirements of the provider(s) relating to the issuance of said policies are incorporated by reference into this Ordinance and made a part hereof for all purposes (and this Ordinance may be modified so that such provisions shall be included herein), notwithstanding any other provision of this Ordinance to the contrary. For purposes of this Ordinance, the Required Amount shall include the debt service on the Bonds as well as the Outstanding Previously Issued Priority Bonds. An Authorized Representative shall have the authority to execute any documents to effect the issuance of said policies by the provider(s) thereof, including, without limitation, any agreement to be delivered in connection with either or both of the Policy and/or the Surety Policy in substantially the form previously approved by the City Council in connection with Previously Issued Priority Bonds, or with respect to a Policy relating to the Bonds, an agreement in substantially the form attached hereto as Exhibit F. SECTION 30: Continuing Disclosure Undertaking. A. Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: EMMA means the MSRB's Electronic Municipal Market Access system, accessible by the general public, without charge, on the intemet through the uniform resource locator (URL) http://www.emma.msrb.org. 81029224.3 -40- -262- MSRB means the Municipal Securities Rulemaking Board. Rule means SEC Rule 15c2-12, as amended from time to time. SEC means the United States Securities and Exchange Commission. B. Annual Reports. The City shall file annually with the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2011, financial information and operating data with respect to the System of the general type included in the final Official Statement authorized by Section 25 of this Ordinance, being the information described in Exhibit D hereto, and (2) if not provided as part such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements so to be provided shall be prepared in accordance with the accounting principles described in Exhibit D hereto, or such other accounting principles as the City may be required to employ from time to time pursuant to state law or regulation, and (ii) audited, if the City commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the City shall file unaudited financial statements within such period and audited for the applicable fiscal year to the MSRB, when and if the audit report on such statements becomes available. If the City changes its fiscal year, it will file notice thereof with the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section. C. Notice of Certain Events. The City shall file notice of any of the following events with respect to the Bonds to the MSRB in a timely manner and not more than 10 business days after occurrence of the event: (1) Principal and interest payment delinquencies; (2) Non-payment related defaults, if material; (3) Unscheduled draws on debt service reserves reflecting financial difficulties; (4) Unscheduled draws on credit enhancements reflecting financial difficulties; (5) Substitution of credit or liquidity providers, or their failure to perform; (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other material notices or determinations with respect to the tax exempt status of the Bonds, or other material events affecting the tax status of the Bonds; 81029224.3 -41- -263- (7) (8) (9) (10) if material; Modifications to rights of Holders of the Bonds, if material; Bond calls, if material, and tender offers; Defeasances; Release, substitution, or sale of property securing repayment of the Bonds, (11) Rating changes; (12) Bankruptcy, insolvency, receivership, or similar event of the City, which shall occur as described below; (13) The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of its assets, other than in the ordinary course of business, the entry into of a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material. For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has been assumed by leaving the existing goveming body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with this Section by the time required by this Section. D. Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer Outstanding. The provisions of this Section are for the sole benefit of the Holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City 81029224.3 -42- -264- undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the City's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Bonds at any future date. UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. No default by the City in observing or performing its obligations under this Section shall constitute a breach of or default under this Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws. The provisions of this Section may be amended by the City from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment, as well as such changed circumstances, and (2) either (a) the Holders of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially impair the interests of the Holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (a) such provisions as so amended and (b) any amendments or interpretations of the Rule. If the City so amends the provisions of this Section, the City shall include with any amended financial information or operating data next provided in accordance with this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided. 81029224.3 -43- -265— E. Information Format — Incorporation by Reference. The City information required under this Section shall be filed with the MSRB through EMMA in such format and accompanied by such identifying information as may be specified from time to time thereby. Under the current rules of the MSRB, continuing disclosure documents submitted to EMMA must be in word -searchable portable document format (PDF) files that permit the document to be saved, viewed, printed, and retransmitted by electronic means and the series of obligations to which such continuing disclosure documents relate must be identified by CUSIP number or numbers. Financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document) available to the public through EMMA or filed with the United States Securities and Exchange Commission. SECTION 31: Allocation of, and Limitation on, Expenditures for the Project. The City covenants to account for on its books and records the expenditure of proceeds from the sale of the Bonds and any investment earnings thereon to be used for the project or projects financed with Bond proceeds by allocating proceeds to expenditures within 18 months of the later of the date that (a) the expenditure on such project or projects is made or (b) each such project or projects are completed. The foregoing notwithstanding, the City shall not expend such proceeds or investment earnings more than 60 days after the later of (a) the fifth anniversary of the date of delivery of the Bonds or (b) the date the Bonds are retired, unless the City obtains an opinion of nationally -recognized bond counsel substantially to the effect that such expenditure will not adversely affect the tax-exempt status of the Bonds. For purposes of this Section, the City shall not be obligated to comply with this covenant if it obtains an opinion of nationally -recognized bond counsel to the effect that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. SECTION 32: Miscellaneous Provisions. A. Preamble. The preamble to this Ordinance shall be considered an integral part of this Ordinance, and is herein incorporated as part of the body of this Ordinance for all purposes. B. Immediate Effect. This Ordinance shall be effective immediately from and after its passage in accordance with the provisions of Section 1201.028, as amended, Texas Government Code. C. Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance was passed was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, as amended, Texas Government Code. D. Rules of Construction. The words "herein", "hereof" and "hereunder" and other words of similar import refer to this Ordinance as a whole and not to any particular Section or other subdivision. Except where the context otherwise requires, terms defined in this Ordinance to 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 81029224.3 44- -266- any constitutional, statutory or regulatory provision means such provision as it exists on the date this Ordinance is adopted by the City and any future amendments thereto or successor provisions thereof. Any reference to the payment of principal in this Ordinance shall be deemed to include the payment of any mandatory sinking fund redemption payments as may be described herein. References to any officer of the City (e.g., City Manager) means the person currently serving in such capacity on a temporary, interim or permanent basis. Any reference to FORM OF BOND shall refer to the form attached to this Ordinance as Exhibit A. E. Inconsistent Provisions. All orders and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed and declared to be inapplicable, and the provisions of this Ordinance shall be and remain controlling as to the matters prescribed herein. 81029224.3 [The remainder of this page intentionally left blank.] -45- -267— SIGNED AND SEALED THIS DAY OF , 2011. ATTEST: City Secretary (SEAL) CITY OF CORPUS CHRISTI, TEXAS Mayor APPROVED THIS DAY OF , 2011: Carlos Valdez, City Attorney SCHEDULE I — Approval Certificate EXHIBIT A - Form of Bond EXHIBIT B - Paying Agent/Registrar Agreement EXHIBIT C — Purchase Contract EXHIBIT D - Description of Annual Financial Information EXHIBIT E — DTC Letter of Representations EXHIBIT F - Reimbursement Agreement 81029224.3 S-1 -268- THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the day of , 2011, authorizing the issuance of the City's Utility System Revenue Improvement Bonds, Series 2011, 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 day of 2011. 81029224.3 City Secretary (CITY SEAL) S-2 -269- 81029224.3 SCHEDULE Approval Certificate See Tab No. Schedule I-1 -270- EXHIBIT A A. FORM OF DEFINITIVE BOND. REGISTERED NO. REGISTERED PRINCIPAL AMOUNT United States of America State of Texas Counties of Nueces, Aransas, Kleberg, and San Patricio CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM REVENUE IMPROVEMENT BOND SERIES 2011 Bond Date: ,2011 REGISTERED OWNER: PRINCIPAL AMOUNT: Interest Rate: Stated Maturity: CUSIP No.: The City of Corpus Christi, Texas (the "City"), a body corporate and a municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner specified above, or the registered assigns thereof, on the Stated Maturity date specified above, the Principal Amount specified above (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Bond Date or from the most recent interest payment date to which interest has been paid or duly provided for until such Principal Amount has become due and payment thereof has been made or duly provided for, to the earlier of redemption or Stated Maturity, at the per annum rate of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on January 15 and July 15 of each year commencing , 2012. The principal of and interest on this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the designated trust office in Texas (the "Designated Trust Office") of , which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the last business day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the 81029224.3 A-1 -271- Paying Agent/Registrar, as hereinafter described. Any accrued interest due at maturity or upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Bond for redemption and payment at the Designated Trust Office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Debt Service Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. While the Bonds are held by the Purchaser, payment of principal of, premium, if any, and interest on the Bonds shall be made by federal funds wire transfer, at no cost to the Purchaser, to an account at a financial institution located in the United States designated by the Purchaser. If the date for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Designated Trust Office of the Paying Agent/Registrar is located are authorized by law or executive order to close, or the United States Postal Service is not open for business, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, or the United States Postal Service is not open for business; and payment on such date shall have the same force and effect as if made on the original date payment was due. This Bond is one of a series of bonds of like tenor and effect except as to number, principal amount, interest rate, maturity, and right of prior redemption, dated as of the Bond Date specified above, aggregating $ (herein sometimes called the "Bonds"), issued for the purposes of (i) acquiring, purchasing, constructing, improving, repairing, extending, equipping, and renovating the City's combined waterwork system, wastewater disposal system and gas system (collectively, the "System") and (ii) to pay the costs of issuing the Bonds. The Bonds stated to mature on July 15 and July 15, are referred to herein as the "Term Bonds". The Term Bonds are subject to mandatory sinking fund redemption prior to their stated maturities from money required to be deposited in the Debt Service Fund (but not the Reserve Fund) for such purpose and shall be redeemed in part, by lot or other customary method, at the principal amount thereof plus accrued interest to the date of redemption in the following principal amounts on July 15 in each of the years as set forth below: Term Bonds Stated to Term Bonds Stated to Mature on July 15, Mature on July 15, 2 Principal Principal Year Amount ($) Year Amount ($) *Payable at stated maturity 81029224.3 A-2 -272- The principal amount of a Term Bond required to be redeemed pursuant to the operation of such mandatory redemption provisions shall be reduced, at the option of the City, by the principal amount of any Term Bonds of such stated maturity which, at least 50 days prior to the mandatory redemption date (1) shall have been defeased or acquired by the City and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the City with money in the Debt Service Fund (but not the Reserve Fund), or (3) shall have been redeemed pursuant to the optional redemption provisions set forth below and not theretofore credited against a mandatory redemption requirement. The City reserves the right to redeem the Bonds stated to mature on and after July 15, 20 , in whole or in part, on , 20 , or on any date thereafter, in such order of stated maturity as the City shall determine and by lot or other customary method within a stated maturity at the redemption price of par plus accrued interest to the date of redemption. At least thirty (30) days prior to the date any such Bonds are to be redeemed, a notice of redemption, authorized by appropriate resolution passed by the Governing Body, shall be given in the manner set forth below. A written notice of such redemption shall be given to the registered owner of each Bond or a portion thereof being called for redemption by depositing such notice in the United States mail, first class postage prepaid, addressed to each such registered owner at his address shown on the Registration Books (as hereinafter defined) kept by the Paying Agent/Registrar. By the date fixed for any such redemption, due provision shall be made by the City with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or the portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is given, and if due provision for such payment is made, all as provided above, the Bonds, or the portions thereof which are to be so redeemed, thereby automatically shall be redeemed prior to their scheduled maturities, 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 Bonds or any portion thereof. If a portion of any Bonds shall be redeemed, a substitute Bond or Bonds having the same stated maturity date, bearing interest at the same interest rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in the Ordinance. All Bonds of this series are issuable solely as fully registered bonds, without interest coupons, in an Authorized Denomination. As provided in the Bond Ordinance, this Bond may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate amount of fully registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having any Authorized Denomination or Denominations as requested in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon surrender of 81029224 3 A-3 —273— this Bond to the Paying Agent/Registrar at its Designated Trust Office for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any authorized denomination to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Bond may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any portion or portions hereof from time to time by the registered owner. The one requesting such conversion and exchange shall pay the Paying Agent/Registrar's reasonable standard or customary fees and charges for converting and exchanging any Bond or portion thereof. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The foregoing notwithstanding, in the case of the conversion and exchange of an assigned and transferred Bond or Bonds or any portion or portions thereof, such fees and charges of the Paying Agent/Registrar will be paid by the Issuer. The Paying Agent/Registrar shall not be required (i) to make any such transfer, conversion or exchange during the period beginning at the opening of business 30 days before the day of the first mailing of a notice of redemption and ending at the close of business on the day of such mailing, or (ii) to transfer, convert or exchange any Bonds so selected for redemption when such redemption is scheduled to occur within 30 calendar days; provided, however, such limitation of transfer shall not be applicable to an exchange by the registered owner of an unredeemed balance of a Bond called for redemption in part. Whenever the beneficial ownership of this Bond is determined by a book entry at a securities depository for the Bonds, the foregoing requirements of holding, delivering or transferring this Bond shall be modified to require the appropriate person or entity to meet the 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 Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, whose qualifications substantially are similar to the previous Paying Agent/Registrar it is replacing, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. By becoming the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. 81029224.3 A-4 —274— The Bonds are special obligations of the Issuer payable solely from and equally secured, together with the currently Outstanding Previously Issued Priority Bonds, by a first lien on and pledge of the Pledged Revenues of the System. The Issuer has reserved the right, subject to the restrictions stated, and adopted by reference, in the Bond Ordinance, to issue Additional Priority Bonds which also may be made payable from, and secured by a first lien on and pledge of, the aforesaid Pledged Revenues, as well as Subordinated Obligations payable from a junior and inferior lien on and pledge of the Pledged Revenues. For a more complete description and identification of the revenues and funds pledged to the payment of the Bonds, and other obligations of the Issuer secured by and payable from the same source or sources as the Bonds, reference is hereby made to the Bond Ordinance. The Issuer has reserved the right, subject to the restrictions stated, and adopted by reference, in the Bond Ordinance, to amend the Bond Ordinance; and under some (but not all) circumstances amendments must be approved by the owners of a majority in aggregate principal amount of the Outstanding Priority Bonds. The Registered Owner hereof shall never have the right to demand payment of this Bond out of any funds raised or to be raised by taxation. It is hereby certified and covenanted that this Bond has been duly and validly authorized, issued and delivered; and that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Bond have been performed, existed and been done in accordance with law. Capitalized terms used in this Bond without definition shall have the respective means ascribed to them in the Bond Ordinance. IN WITNESS WHEREOF, this Bond has been signed with the imprinted or lithographed facsimile signature of the Mayor of said Issuer, attested by the imprinted or lithographed facsimile signature of the City Secretary, and the official seal of said Issuer has been duly affixed to, printed, lithographed or impressed on this Bond. ATTEST: CITY OF CORPUS CHRISTI, TEXAS City Secretary (SEAL) 81029224.3 A-5 —275— Mayor 81029224.3 [The remainder of this page intentionally left blank] A-6 —276— B. FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE TO APPEAR ON INITIAL BONDS ONLY. REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER OF PUBLIC ACCOUNTS § REGISTER NO. THE STATE OF TEXAS § I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal of office this Comptroller of Public Accounts of the State of Texas (SEAL) C. FORM OF REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR. REGISTRATION CERTIFICATE OF PAYING AGENT/REGISTRAR This Bond has been duly issued and registered under the provisions of the within -mentioned Bond Ordinance; the Bond or Bonds of the above entitled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of' Public Accounts, as shown by the records of' the Paying Agent/Registrar. Registered this date: , , Texas, as Paying Agent/Registrar By: Authorized Signature 81029224.3 A-7 —277— D. FORM OF ASSIGNMENT. ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns, and transfers unto (Print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number): the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: NOTICE: The signature on this assignment must correspond with the name of the registered owner as it appears on the face of the within Bond in every particular. Signature guaranteed: 81029224.3 [The remainder of this page intentionally left blank] A-8 —278— E. FORM OF INITIAL BOND(S). The Initial Bond(s) shall be in the form set forth in paragraph (a) of this Section, except that the form of the single fully registered Initial Bond shall be modified as follows: (i) immediately under the name of the Bond, the headings "Interest Rate " and "Stated Maturity " shall both be completed "as shown below"; and (ii) the first paragraph shall read as follows: The City of Corpus Christi, Texas (the City), a body corporate and municipal corporation in the Counties of Nueces, Aransas, Kleberg, and San Patricio, State of Texas, for value received, hereby promises to pay to the order of the Registered Owner named above, or the registered assigns thereof, the Principal Amount specified above on the fifteenth day of July in each of the years and in principal amounts and bearing interest at per annum rates in accordance with the following schedule: Years of Principal Interest Stated Maturity Amounts ($) Rates (%) (Information to be inserted from schedule in Section 2 hereof). (or so much thereof as shall not have been paid upon prior redemption) and to pay interest on the unpaid Principal Amount hereof from the Bond Date, or from the most recent interest payment date to which interest has been paid or duly provided for until the Principal Amount has become due and payment thereof has been made or duly provided for, at the per annum rates of interest specified above computed on the basis of a 360 -day year of twelve 30 -day months; such interest being payable on January 15 and July 15 of each year, commencing , 2012. F. INSURANCE LEGEND. If bond insurance is obtained by the City for any Bond, the appropriate definitive Bonds and the Initial Bonds shall bear an appropriate legend as provided by the insurer. 81029224.3 [1 he remainder of this page intentionally left blank.] A-9 —279— 81029224.3 EXHIBIT B PAYING AGENT/REGISTRAR AGREEMENT SEE TABNO._ B-1 -280- 81029224.3 EXHIBIT C PURCHASE CONTRACT SEE TAB NO. C-1 -281- EXHIBIT D DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 30 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided annually in accordance with such Section for each Year ending in and after 2011 are as specified (and included in the Appendix of the Application referred to below): 1. The City's audited financial statements for the most recently concluded fiscal year or to the extent these audited financial statements are not available, unaudited financial statements of the City for the most recently concluded fiscal year. 2. Tables 1 through 23 contained in the Official Statement; and the Audited Financial Statement of the City, as set forth in Appendix B to the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to above. 81029224.3 D-1 -282- 81029224.3 EXFIIBIT E DTC LE11ER OF REPRESENTATIONS SEE TAB NO. E-1 -283- 81029224.3 EXHIBIT F REIMBURSEMENT AGREEMENT N/A F-1 -284- 26 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of 8/30/2011 DATE: 8/10/2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director OM Michael MoAcctexas. com 361-826-3464 Amend City Council Policy #6 — Naming of City Parks and Recreation Facilities PURPOSE: Resolution amending City Council Policy regarding naming of City Parks and Recreational Facilities. BACKGROUND AND FINDINGS: In June of 2010 during the renaming process of a park it was discovered that the departmental policy for park and/or facility naming was not consistent with the Council Policy for Naming of City Parks and Recreation Facilities, which had been revised in December of 2009. At that time the City Manager's Office requested the Parks and Recreation Advisory Committee (PRAC) assist the Department by researching and revising the departmental policy for naming parks and recreation facilities. A moratorium was placed on any park naming until such time as the Parks and Recreation Advisory Committee could make a recommendation for a revised Department Policy on Park Naming. The Parks and Recreation Advisory Committee spent approximately nine months researching policies from other cities and reviewing current processes. Based on their research, a final draft of a new departmental policy has been completed. The new draft policy has two items of differentiation with the City Council Policy: - Process of naming of new parks in the City's Platting Ordinance, including the opportunity to pursue naming rights where appropriate. - Naming of parks for persons who are not deceased. Thus, PRAC and the Parks and Recreation Department are requesting City Council revise City Council Policy #6 - Naming of City Parks and Recreation Facilities in order for the new departmental policy and the City Council Policy to be consistent and complimentary. Recommended language changes include (underlined): Section B — New Parks Subdivision Dedication. Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Director or designee and shall be named after the platted subdivision or a geographic reference adiacent or related to the subdivision area. No formal action needs to be taken by the City Council. —287— Page 2 of 3 (2) Naming Rights. The Director or designee may seek potential naming rights with contractual compensation for new parks or facilities where thepotential exists and is deemed appropriate. Any such naming rights would require City Council approval. Section D — Special Considerations In choosing names after individuals, consideration may only be given to persons who have been deceased for at least one year. Strike two sentences that deal with those currently in public office, as they would no longer apply. ALTERNATIVES: Keep the City Council Policy #6 — Naming of City Parks and Recreational Facilities (adopted 12/8/2009) and revise the Departmental Policy created by the Parks and Recreation Advisory Committee to match City Council Policy #6 as it currently stands. OTHER CONSIDERATIONS: FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense o Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget 0 Encumbered/Expended Amt. 0 This item 0 Balance: 0 Comments: n/a RECOMMENDATION: It is recommended by the Parks and Recreation Advisory Committee and the Parks and Recreation Department that City Council revise City Council Policy #6 — Naming of City Parks and Recreational Facilities (adopted 12/8/2009) as outlined above. CONFORMITY TO CITY POLICY: This action will provide consistency between Departmental Policy and City Council Policy. EMERGENCY/NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department Legal LIST OF SUPPORTING DOCUMENTS: Resolution —288— PowerPoint Presentation Page 3 of 3 Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —289— CORPUS CHRISTI PARKS& PARK NAMING P ICY By Michael Morris, Parks & Recreation Director August 23, 2011 PURPOSE Amend the City Council Policy #6 -Naming of City Parks and Recreational Facilities (adopted 12/8/2009) related to: CORPUS CHRISTI PARKS& RECREATION • Process of naming of new parks in the City's Platting Ordinance, including the opportunity to purse naming rights where appropriate. • Naming of parks for persons who are not deceased. BACKGROUND CORPUS CHRISTI PARKS& RECREATION • June 2010 Park Naming -inconsistencies between Departmental Policy and City Council Policy. • Parks and Recreation Advisory Committee (PRAC) was asked to assist the Department with researching and revising the Department Policy on Park Naming. • PRAC reviewed policies from other cities across the nation. • PRAC reviewed City Council Policy for Park Naming in order to make the Department Policy consistent and complimentary. • A draft Departmental Policy was created. • During the process two items arose that were inconsistent with City Council Policy #6. ISSUE Process of naming of new parks in the City's Platting Ordinance CORPUS CHRISTI PARKS& RECREATION • Current Council Policy #6 - Section B - Subdivision Dedication states... "Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Advisory Committee. No formal action needs to be taken by the City Council" . Proposed language... Section B - New Parks (1) Subdivision Dedication. Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Director or designee and shall be named after the platted subdivision or a geographic reference adjacent or related to the subdivision area. No formal action needs to be taken by the City Council. (2) Naming Rights. The Director or designee may seek potential naming rights with contractual compensation for new parks or facilities where the potential exists and is deemed appropriate. Any such naming rights would require City Council approval. ISSUE Naming or renaming of parks for persons who are not deceased. • Council Policy #6 - Section D - Special Considerations first sentence states... "In choosing names after individuals, consideration may be given to persons living or dead" • Proposed Language "In choosing names after individuals, consideration may only be given to persons who have been deceased for at least one year." Strike two sentences dealing with those currently in public office, as they would no longer apply. RECOMMENDATION Amend to City Council Policy #6 -Naming of City Parks and Recreational Facilities (adopted 12/8/2009), as recommended by the Parks and Recreation Advisory Committee. CORPUS CHRISTI PARKS& RECREATION For more information regarding this presentation or about the programs and services of the Corpus Christi Parks & Recreation, please call 361-826-3460 or visit our Web site. Live. Learn. Play! Visit www.ccparkandrec.com RESOLUTION AMENDING CITY COUNCIL POLICY REGARDING NAMING OF CITY PARKS AND RECREATIONAL FACILITIES. Whereas, Resolution Number 021901 adopted policies and general rules and procedures of the City Council, including policy for naming of City parks and recreational facilities, as amended by Resolution 028430 on December 8, 2009; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Resolution Number 021901 which adopted policies and general rules and procedures of the City Council, including policy for naming of City parks and recreational facilities, as amended by Resolution 028430 on December 8, 2009, is amended to read as follows: "6. - Naming of City parks and recreational facilities. A formal policy for naming of parks and recreation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not already been specifically named in honor of a person, group, or event. B. New Parks (1) Subdivision Dedication. Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Advisory Committoo Director or designee and shall be named after the platted subdivision or a geographic reference adjacent or related to the subdivision area.. No formal action needs to be taken by the City Council. (2) Naming Rights. The Director of designee may seek potential naming rights with contractual compensation for new parks or facilities where the potential exists and is deemed appropriate. Any such naming rights would require City Council approval. C. Name Change. Only the following facilities are eligible to be considered for name changes: (1) park or park facility which is not already named in honor of a person, group, or event; and (2) park or park facility which was named for the subdivision in which it is located. The following definitive steps shall be taken regarding a proposed name change for these eligible parks and park facilities. (1) Persons, groups, or organizations desiring the name change shall complete a request for name change and submit the proposal to the staff of the Parks and Recreation Department for review and consultation with the requesting entity. J:\LISA\2011 Resolution\Revisions to Park Naming Policy.docx —294— (2) Name change requests shall be submitted to the Parks and Recreation Advisory Committee. No action may be taken by the committee for a minimum of 60 days after receipt of the proposal. (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed name change. (4) Written comments are to be submitted to the Parks and Recreation Advisory Committee and interested individuals are invited to come before the committee to address the issue. (5) At the first meeting after the 60 -day waiting period, the Parks and Recreation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future action or additional information. In the event the request is rejected by the committee, the requesting entity may appeal the rejection to the City Council. (6) The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided for eligible park and recreation facilities in commemorating or memorializing an individual, group or event. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may only be given to persons living or dead who have been deceased for at least one year. Special consideration shall be given to the contributions the person has made to the City, State, or Country. A facility or local governmental jurisdiction. A one year waiting period after sempletien of public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. E. Renaming of Park or Park Facility. The renaming of a park or park facility which is already named in honor of a person, group, or event is not permitted." J:\LISA\2011 Resolution\Revisions to Park Naming Policy.docx -295- ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO FORM: August 10, 2011 Lisa Aguila City Attorney for the City Attorney J:\LISA\2011 Resolution\Revisions to Park Naming Policy.docx —296— Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adams Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:\LISA\2011 Resolution\Revisions to Park Naming Policy.docx -297- 27 Crus _ - Chntysti ver. GENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 30, 2011 TO: FROM: Ronald L. Olson, City Manager Fred Segundo, Director of Aviation Freds@cctexas.com 361.289.0171 ext. 1216 Approval of ordinances appropriating Federal Aviation Administration grant funds for Corpus Christi International Airport construction projects. PURPOSE A.) Ordinance appropriating $300,000 from the Federal Aviation Administration Grant No. 3-48-0051- 045-2009 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Corpus Christi International Airport Terminal Building; amending the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $300,000; and declaring an emergency. B.) Ordinance Appropriating $2,596,792 from the Federal Aviation Administration Grant No. 3-48-0051- 047-2011 in the No. 3020 Airport Capital Improvement Fund for Runways 17/35 Extension, Phase I; Runways 13/31Extension, Phase I; Conduct Taxiway Utilization Study; amending the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $2,596,792; and declaring an emergency. BACKGROUND AND FINDINGS: On July 21, 2009, the City Council authorized the appropriation of $2,010,220 from Federal Aviation Administration (FFA) Grant No. 3-48-0051-045-2009.(Grant 45) The grant funded several authorized projects including the re -configuration of the Federal Inspection Station (FIS) as part of the Terminal Building Rehabilitation. The FIS Improvements increased the international passenger capacity from 50 to 250 persons per hour which is an incentive in attracting new air service to Corpus Christi International Airport. The FIS Project re -configured the existing facility during which several unforeseen construction issues arose resulting in cost overruns that the FM designated as eligible. The FAA has provided an additional $300,000 to Grant 45 with Amendment 3. The Runway 17/35 Extension, Phase I, Runways 13/31 Extension, Phase I and Taxiway Utilization Study Projects will be funded from Grant 3-48-0051-047-2011(Grant47). Extension of Runways 17/35 and 13/31 and the Taxiway Utilization Study are FAA and Airport priorities as they will address safety issues due to runway incursion concerns. A runway incursion is an incident where an unauthorized intrusion into a runway by an aircraft, vehicle, person or object that creates a collision hazard. —301— ALTERNATIVES: No viable alternative exists other than foregoing the grant funds award and using Airport capital funds to cover project costs. The FAA grants provide 95% of projects costs with the airport contributing a 5% match. Full funding of the proposed improvements is not possible without the FAA Grant Awards. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable oOperating Expense ❑ Revenue X CIP FISCAL YEAR: 2011-12 Project to Date Exp. (CIP Only) �� Current w Year Future Years TOTALS Budget 2,010,200 0 2,010,200 Encumbered/Expended amount as of (DATE) 0 0 • 0 This item 2,896,792 0 2,896,792 BALANCE 2,010,200 2,896,792 0 4,906,992 FUND(S): Airport Fund Comments: Approval of the Ordinances will provide the Airport with an additional $2,896,792 in grant funding to cover eligible cost overruns associated with the Federal Inspection Station Rehabilitation Project ($300,000) as well as preliminary studies and design required for the extension of Runways 17/35 and 13/31 ($2,596,792). RECOMMENDATION: Staff recommends approval of Ordinances as submitted CONFORMITY TO CITY POLICY: Appropriation of funds require City Council approval. EMERGENCY / NON -EMERGENCY: Emergency Reading due to Federal Aviation Administration grant timelines for expenditure of funds DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget LIST OF SUPPORTING DOCUMENTS: Ordinances Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Mgmt. & Budget Juan Perales, Jr, P.E., Assistant City Manager -302- Page 1 of 2 Ordinance appropriating $300,000 from the Federal Aviation Administration Grant No. 3-48-0051-045-2009 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Corpus Christi International Airport Terminal Building; amending the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $300,000 each; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $300,000 from the Federal Aviation Administration Grant No. 3-48- 0051-045-2009 is appropriated in the No. 3020 Airport Capital Improvement Fund to rehabilitate the Corpus Christi International Airport terminal building. SECTION 2. That the FY 2012 Capital Budget adopted by Ordinance 029135 is amended to increase revenues and expenditures by $300,000 each. 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 takes effect upon first reading as an emergency measure this the 30th day of August, 2011. ATTEST: Armando Chapa City Secretary Approved August 18, 2011 4;7. Lisa Agu Assistant City Attorney For City Attorney 1LISA12011 Ordinance1Ord-approp-FAA Grant3-Airport 2011. docx CITY OF CORPUS CHRISTI Joe Adame Mayor —303— Page 2 of 2 Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:\LISA12011 Ordinance \Ord-approp-FAA Grant3-Airport 2011.doox —304— Page 1 of 2 Ordinance appropriating $2,596,792 from the Federal Aviation Administration Grant No. 3-48-0051-047-2011 in the No. 3020 Airport Capital Improvement Fund for Runways 17/35 Extension, Phase I; Runways 13/31 Extension Phase I; conduct Taxiway Utilization Study; amending the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $2,596,792 each; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,596,792 from the Federal Aviation Administration Grant No. 3-48- 0051-047-2011 is appropriated in the No. 3020 Airport Capital Improvement Fund for Runways 17/35 Extension; Phase 2, Runways 13/31 Extension Phase I; and conduct Taxiway Utilization Study. SECTION 2. That the FY 2012 Capital Budget adopted by Ordinance No. 029135 is amended to increase revenues and expenditures by $2,596,792 each. 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 takes effect upon first reading as an emergency measure this the 30th day of August, 2011. ATTEST: Armando Chapa City Secretary Approved August 18, 2011 de Lisa AguiID Assistant City Attorney For City Attorney 1LISA\2011 Ordinance\Ord-approp-FAA Grant -Airport 2011-August.docx CITY OF CORPUS CHRISTI Joe Adame Mayor —305— Page 2 of 2 Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:ILISAl2011 Ordinance\Ord-approp-FAA Grant -Airport 2D11-August.docx —306— 28 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 23, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Servi E -Mail: Peteane,cctexas.com Work Phone: Gustavo Gonzalez, P.E., Director of Water Se E -Mail: Gustav000(c�cctexas.com Work Phone: 826 Approval of Construction Contract Award to KST Electric of Corpus Christi, Texas for the 0. N. Stevens Water Treatment Plant Electrical Distribution Improvements; and Approval of Construction Mangementllnspection Services Contract to Anderson Group Construction Management (AGCM) of Corpus Christi, Texas for the 0. N. Stevens Water Treatment Plant Electrical Distribution Improvements PURPOSE: a. Motion authorizing the City Manager, or designee, to execute a Construction Contract Award to KST Electric of Corpus Christi, Texas for the Base Bid only in an amount not to exceed $5,522,860.63 for the 0. N. Stevens Water Treatment Plant Electrical Distribution Improvements (Project No. 8603). b. Motion authorizing the City Manager, or designee, to execute a Construction Mangement/Inspection Services Contract to Anderson Group Construction Management (AGCM) of Corpus Christi, Texas in an amount not to exceed $261,018.00 for the 0. N. Stevens Water Treatment Plant Electrical Distribution Improvements, BACKGROUND AND FINDINGS: The electrical distribution equipment at the 0. N. Stevens Water Treatment Plant (ONSWTP) was installed under various construction projects over the past fifty years. Some equipment is obsolete with replacement parts no longer available and some of the equipment is deteriorated beyond economic repair. This project will equip the ONSWTP with a new redundant electrical supply feeder that will loop around the plant. The project will create a redundant system should the power supply be interrupted. Electrical power will be routed through new Power Control Rooms designed to supply power to various water treatment process control systems. ALTERNATIVES: Phasing the project would be likely to result in a higher cost to the City, and increase the chance that critical components will fail prior to replacement. The alternatives are to: 1. Award Base Bid to KST Electric of Corpus Christi, Texas; 2. Award Base Bid and Additive Alternates to KST Electric of Corpus Christi, Texas; and 3. Reject Bids. J:\GEN\WATER\8503ONS WTPEIecDistribution\ConstructionAward Memo.docx —309— FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue X CIP Page 2 of 3 FISCAL YEAR: 2011-2012 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 558,672.56 3,213,266 2,580,613 6,352,552 Encumbered/Expended amount as of July 31, 2011 558,672.56 558,673 This item 0 3,213,266 2,580,613 5,793,879 BALANCE 0 0r 0 0 FUND(5): Water CIP Fund COMMENTS: The contracts will result in the expenditure of an amount not to exceed $3,213,266.00 during FY2011- 2012 with the balance being expended during FY2012-2013. RECOMMENDATION: Approval of the motions as presented. CONFORMITY TO CITY POLICY: The contracts and selection process complies with the Local Government Code for Competitive Bid Requirements, the Professional Procurement Act and City Policy. BIDS: The project was bid as a base bid with two additive alternates. Additive Alternate No. 1 included a 4.16-kv North-South Loop Tie and re -feeds of the Pre -sedimentation Basin Low Lift Station, and Motor Control Center. Additive Alternate No. 2 consisted of Storm Water Pollution Prevention measures for Additive Alternate No. 1. Bids were publically opened June 22, 2011. A total of five bids were opened with the Base Bid ranging between $5,522,860.63 and $6,207,537.97. The consultant's opinion of probable cost was $6,240,330.39. The low qualified bid was submitted by KST Electric of Corpus Christi. CONSULTANT SELECTION: Anderson Group Construction Management (AGCM) of Corpus Christi was selected through the RFP - 2009 -04 Job Order Contracts (IDIQ) for project management services. They have performed construction management and inspection on two prior water projects. It was deemed beneficial to provide continuity in the project management for the Water Department because of the technical complexity of the project. The AGCM personnel assigned to the project have significant public works and electrical construction projects. Their prior Water Department work includes the O.N. Stevens Water Treatment Plant Process Improvements, and Mary Rhodes Pipeline Cathodic Protection. EMERGENCY / NON -EMERGENCY: N.A. J:\GENkW ATER\6603GNS W fPElecDislnbulion\ConstruclionAwardMemo.docx -310- DEPARTMENTAL CLEARANCES: Water Services and Engineering Services LIST OF SUPPORTING DOCUMENTS: Exhibit A: Bid Tabulation Exhibit B: Contract Exhibit C: Budget Exhibit D. Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager J:\GEN\WATER1B6030NS W rPElecDistribulion\ConstructionAwardMemo.docx —311— Page 3 of 3 TABULATED BY: WIGam B. Stark P.E. DATE: Friday July TN, 2011 NE CONSULTANT: TIME OF COMPLETION: 565 Drys (Base Bid) TABULATION OF BIOS PROJECT 6603 Engineers Opinion of Probable Cost Base Bid 56,240,330.39 N M Exhibit A Page 1011 O.N. Stevens Water Treatment CDN^tCbryue ChM Tx ProecIO603 �— Plant Electrical Disbibunon Improvements SST Ebcte/ Rosen4,Ekc5e Ina Corpus CAM TX 75411C_poo ScaO Becho Camp=ylnc. C9¢fi TX 78411 &ryerlrc Ho utlon 1% ]6411 065080 Company Corpus Ging TX 19411 Base Bid, MI5 AA2 56,660,330.39 RabnLo Ccnetruclra LTD BID ID ITEM N0. NO, DESCRIPTION OTY. UNITS UNIT PNCE AMOUNT UNIT PRICE AMOUNT (NIT PRICE AMOUNT UNIT PRICE AMOUNT Corpus C6rse UNIT 1X 79411 AMOUNT TOTALS BASE 810 TOTALS ADDITIVE ALTERNATE Nt BIO TOTAL BASE BID PLUS ADDMVE ALTERNATE in BID $ 5,522,660.63 S 241,027.00 5 5,763,887.63 S 5,656,545.76 S 374500.00 $ 8,031,045.79 S 6.520,600.00 S 440,900.00 $ 6,9111,500.00 S 7,065,059.30 5 930,260.00 S 7,995,319.30 PNCE $ 6,20],53]97 $ 374,900.00 S 6,582,13797 N M Exhibit A Page 1011 CONTRACT FOR PROFESSIONAL SERVICES (Summary) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of Engineering Services) and AGICM, Inc. a Texas corporation, 713 Coleman, Corpus Christi, Nueces County, Texas 78401, Construction Manager/Inspector, hereby agree as follows: SCOPE OF PROJECT (Project 8603, ON Stevens Water Treatment Plant) O.N Stevens Water Treatment Plan Electrical Distribution Improvements consisting of the following: A. The removal of the existing Pre -Sedimentation Basin Motor Control Center, transformer, and feeder, removal of panels DPA and DPB in Filter 1-12 Building, removal of Primary Sedimentation Basin No. 3 & 4 Motor Control Centers, removal of Wash Water distribution panelboards in Filter 13-22 pipe gallery, and removal of motor starters, panelboards, disconnect switches, motor control centers and unit substations located in Chemical Building. B. The installation of a new Power Control Rooms (PCRs) No. 7, 8, & 9 with switchgear, main -tie -main motor control center, transformers, panelboards, new 5kv primary loop, installation of fiber optic communications, and refeeding of existing equipment to remain. C. The sequence of work shall require installation, startup, and full operation of the new systems in accordance with the plans, specifications, and contract documents. SCOPE OF SERVICES The Construction Management Firm (CM) hereby agrees, at its own expense, to perform construction management/inspection services necessary to manage the construction process of this project. In addition, CM will provide monthly status updates (project progress or delays, Gantt charts presented with monthly invoices, confirm changes to the Contractor's contract, confirm monthly draws by the Contractor) and provide contract inspection services to complete the Project. ORDER OF SERVICES The Construction Management firm agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing and subsequently written authorization is provided by the Director of Engineering Services. FEE The City will pay the CM a fee not to exceed $261,018.00, for providing services authorized. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The CM agrees that at least 75% of the work described herein will be performed by a labor force residing within the —313— Exhibit B Page 1 of 3 Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) ASSIGNABILITY The CM will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the CM staff. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the CM without the express written consent of the Director of Engineering Services. A. Basic Services This section defines the scope of services that may be included as part of this contract. The CM will, with written authorization by the Director of Engineering Services, do the following: Construction Inspection Services. Provide Project Inspection Services for the following ON Stevens project per the attached Scope of Services marked as Exhibit E: • Project 8306, O.N. Stevens Water Treatment Plant The project will be constructed concurrently for the most part and inspection shall include all work being accomplished for this project. The not to exceed fee is based on working 131 hours per month. Total time allotted for completion of this project is eighteen (18) months. The billing rate includes labor, telephone, and mileage. The proposed fee is an allowance and billings will be based on actual time and any required materials. 1. FEES A. Fee for Services. For services authorized by the Director of Engineering Services the City will pay the CM a not -to -exceed fee as per the table below: Summary of Fees Fee for Basic Services 1. Construction Inspection Services $261,018 Total Authorized Fee $261,018 —314— Exhibit B Page 2 of 3 Scope of Services attachments AGICM, Inc. Project No. 8603 Project Management Services Exhibit E I. Design Development Phase - Not Included II. Construction Document Phase a. Provide Construction Cost Estimate @ 80% Plan Completion III. Bid Proposal Phase - Not Included IV. Exclusions - Not Included V. Construction Phase Services a. Review and approve safety submittals and proceedures inclusive of Safety Coordination Meetings b. Monthly Safety Audits c. Monitor Submittal Process (Submittals to be managed by Design Engineers) d. Review and approve Construction Schedule e. Review and approve Schedual of Values 1. Review and approve Progress Payments g. Review any request for changes from Contractor, Owner, and Designers and submit for Owner's approval any recommended changes to the Contractors contract h. Monitor Daily Work and require Weekly Jobsite Meetings i. Document non -conforming & defisclent work j. Final review & Punch List review k. Substancial Completion Review I. Final Acceptance m. Approval of Retainage Payment VI. Reports to Owner a. Weekly Reports lo Owner describing work in progress on a daily basis b. Monthly Schedule Updates c. Monthly Payment Reviews and Recommendations d. Non -Conforming & Defiscient Work Report (immediately upon discovery) Exhibit B Page 3 of 3 -315- PROJECT BUDGET 0. N. STEVENIS WATER TREATMENT FLANT ELECTRICAL DISTRIBUTION SYSTEM Project No. 8603 August 30, 2011 FUNDS AVAILABLE: Water CIP Fund (CPP) 1.500'000.00 Water 2010A CIP Fund 2,138'000.00 Water 2010B CIP Fund 492,895.00 Water C|PFund (FY2O11-12) 2.264.000.00 Water C|PFund (FY2012-13) 2.000'90580 8.395'800.00 FUNDS REQUIRED: Construction (KST Electric5.522'860.63 Contingencies (71%) 390,000.00 Consultant (Bath Engineering) Basic Svcs $364,560 6.6% 454'355.00 Construction Management/Inspection (AGCM) 261.018.00 Materials Inspection & Testing (Civi|)(Rock Engineering) 18'278.00 Electrical Acceptance Certification/Testing ce Testing, Inc.) 45'099.28 Administrative Reimbursements 55.200.00 Engineering Reimbursements 83,000.00 Misc. (Printing, Advertising, ete.) 20.000.00 Total 6.849.810.81 Variance 1,545,989.09 Exhibit C ^-316_ File :\Mproject\councilexhibits\exh8603B.dwg LOCATION MAP NOT TO SCALE UP RIVER ROAD t PROJECT #86031 CIP No. WA 02 VICINITY MAP NOT TO SCALE N O.N. Stevens Water Treatment Plant Electrical Distribution Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 8/30/2011 OEM MEI IPM wY -317- 29 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 15, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361)826-3781 Approval of Contract for Professional Services: HoIIy Road Improvements (Project No. 6470) from SH 286 (Crosstown Expressway) to Greenwood Drive (Bond Issue 2008) PURPOSE: A. Ordinance appropriating $544,000 of anticipated revenues from the Texas Department of Transportation in Fund No. 3530 for the HoIIy Road Improvements from SH 286 (Crosstown Expressway) to Greenwood Drive Project; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $544,000; and declaring an emergency. B. Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with LNV, Inc. of Corpus Christi, Texas in the amount of $1,545,961.00 for HoIIy Road Improvements from SH 286 (Crosstown Expressway) to Greenwood Drive. BOND ISSUE 2008. BACKGROUND AND FINDINGS: The scope of the work includes preliminary engineering, detailed design, and preparation of an environmental document to meet Federal and State standards, for construction of a four (4) lane roadway and protected left turn lane with new curb and gutter and sidewalks; ADA curb ramps; lane striping and pavement markings; underground storm water system improvements; water and wastewater improvements; removal of abandoned/unused driveways; and new street lighting. The proposed design project is part of the Metropolitan Planning Organization (MPO) and Texas Department of Transportation (TxDOT) Participation Projects in the Bond Issue 2008 Package. The construction of the project will be part of Future MPO and City of Corpus Christi funding programs. LNV, Inc. was selected for this project through Request for Proposal (RFP) No. 2011-03 Bond Issue 2008 Projects. —321— J:1GEN VELMAP\STREET16470 HOLLY ROAD IMPSIAGENDA 2 MEMO.DOC Page 2 of 3 ALTERNATIVES: 1) Award this contract for Professional Services with LNV, Inc., a Texas Corporation, in the amount of $1,554,961.00 for the Holly Road Improvements from SH 286 (Crosstown Expressway) to Greenwood Drive (BOND ISSUE 2008). 2) Not award contract and risk loss of $544,000 of federal participation funds from the Texas Department of Transportation for the design portion of this project. OTHER CONSIDERATIONS: The estimated construction cost for Holly Road Improvements from SH 286 (Crosstown Expressway) to Greenwood Drive is $10,880,000.00. The total basic services fee proposal for this project is $874,861.00; therefore, the percentage of design cost to construction cost is 8.0%. FINANCIAL IMPACT: o Not Applicable o Operating Expense X Revenue X CIP FISCAL YEAR: 2011-2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $383,500 $1,626,700.00 $0 $2,010,200 Encumbered/Expended Amt. $383,500 $0 $0 $383,500 This item $0 $1,545,961.00 $0 $1,545,961.00 BALANCE $0 $80,739.00 $0 $80,739.00 FUNDS (S): Comments: RECOMMENDATION: City staff recommends award of the Contract for Professional Services to LNV, Inc. of Corpus Christi, Texas in the amount of $1,545,961.00 for the Holly Road Improvements from SH 286 (Crosstown Expressway) to Greenwood Drive. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY 2011-12 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. —322— J:\GEN VELMAP\STREET6470 HOLLY ROAD IMPS\AGENDA 2 MEMODOC LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map CC: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —323— J:\GEN VELMAP1STREE115470 HOLLY ROAD IMPS \AGENDA 2 MEMO.doc Page 3 of,3 PROJECT BUDGET HOLLY ROAD IMPROVEMENTS FROM SH 286 (CROSSTOWN EXPRESSWAY) TO GREENWOOD DRIVE Project No. 6470 (BOND ISSUE 2008) August 30, 2011 FUNDS AVAILABLE: Bond Issue 2008 Street * $1,786,993.12 Texas Department of Transportation 20% share of preliminary engineering $544,000.00 REMAINING FUNDS AVAILABLE for Holly Road Project: $2,330,993.12 FUNDS REQUIRED: Consultant Fees: Consultant - (LNV Engineering) . 1,545,961.00 Geotechnical Investigation (TBD) 150,000.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 35,740.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 35,740.00 Finance Reimbursements 17,970.00 Total $1,785,411.00 Estimated Project Budget Balance $1,582.12 Note: Construction Observation Services is included in Consultant, LNV Engineering's, contract in the amount of $258,000. ** FUTURE ESTIMATED CONSTRUCTION COSTS: Construction (estimate) . . . $10,880,000.00 Contingencies 1,088,000.00 Construction Material Testing (estimate) 217,600.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 272,000.00 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) . 272,000.00 Finance Reimbursements 136,000.00 Miscellaneous (Printing, Advertising, Etc) . 10,000.00 Total $12,875,600.00 * Beginning budget balance is from funds remaining from CR 52 construction contract balance presented to Council on June 28, 2011. ** Estimated future construction costs will be paid for from future MPO cycles and future City of Corpus Christi Bond Elections. —324— File :\Mproject\councilexhibits\exh6470.dwg HOLLY ROAD IMPROVEMENTS FROM SH 286 CROSSTOWN EXPRESSWAY TO GREENWOOD DRIVE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 8/30/2011 MEIN/ S ONE, S w-j- SLb Page 1 of 2 Ordinance appropriating $544,000 of anticipated revenues from the Texas Department of Transportation in Fund No. 3530 for the Holly Road Improvements from SH 286 (Crosstown Expressway) to Greenwood Drive Project; changing the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $544,000; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $544,000 of anticipated revenues from the Texas Department of Transportation is appropriated in Fund No. 3530 for the Holly Road Improvements from SH 286 (Crosstown Expressway) to Greenwood Drive Project. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is changed to increase revenues and expenditures by $544,000. Section 3. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 30th day of August, 2011. ATTEST: Armando Chapa City Secretary APPROVED AS 0 FORM: 16 -Aug -11 Veronica Ocanas Assistant City Attorney for City Attorney 083011 ORD APP $544,000 for Holly Rd Imprvmts —326— CITY OF CORPUS CHRISTI Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas day of , 2011 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, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott David Loeb 083011 ORD APP $544,000 for Holly Rd Imprvmts —327— 30 City of ■ Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 15, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineerin Services �4'r E -Mail: Peteancctexas.com Work Pone: 826-3781 Herb Canales, Director of Libraries E -Mail: HerbcAcctexas.com Work Phone: 826-7070 Approval of Construction Contract: Greenwood Library Improvements for the Base Bid and Additive Alternates C, D, E, and F. PURPOSE: A. Motion accepting the gift agreement between the City of Corpus Christi and the Corpus Christi Public Library Foundation, Inc. in the amount of $101,650 for the renovations to the Greenwood Branch Library. B. Motion accepting the gift agreement between the City of Corpus Christi and the Corpus Christi Public Library Foundation, Inc. in the amount of $37,100 for the renovations to the Greenwood Branch Library. Ordinance appropriating $138,750 from two Gift Agreements from the Corpus Christi Public Library Foundation in the Fund 3210 Library CIP Fund for the renovations to the Greenwood Branch Library; changing the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $138,750; and declaring an emergency. D. Motion authorizing the City Manager, or designee, to execute a construction contract with Elite General Contractors, LLC of Corpus Christi, Texas in the amount of $1,385,100 for the Greenwood Library Remodeling and Improvements Project for the Base Bid and Additive Alternates C, D, E and F. BACKGROUND AND FINDINGS: This proposed project was approved as part of the November 4, 2008 Bond Election. The project includes the renovation and reconfiguration of the existing 13,570 square foot Greenwood Branch Library facility, and additional site .improvements including site drainage, existing parking lot reconditioning, and new sidewalks. The renovation and reconfiguration —331— Page 2 of 3 consists of exterior building renovations to exterior finishes, curtain wall, glazing, and roofing, asbestos partitions, floor, wall and ceiling finishes, and replacement of existing mechanical plumbing and electrical systems. The project includes complete interior renovations with new finishes and an enhanced children's area with a science and space theme. Through contributions from the Ed Rachal Foundation, and one anonymous donor, four additive alternates will be awarded to provide for the underwriting of a portion of the children's area to include architectural enhancements that carry out the area's space theme. During the 240 day construction period, the library will be closed, but arrangements have been made to temporarily relocate the computer lab to the senior center next door and some of the books will be moved to the area Boys and Girls club for neighborhood usage. ALTERNATIVES: 1. Redesign and rebid the project to reduce the scope and attempt to lower costs. 2. Not construct the improvements. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable o Operating Expense X Revenue X CIP FISCAL YEAR: 2011-2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $235,700 $1,534,856.30 $0 $1,770,556.30 Encumbered/Expended Amt. $235,700 $0 $0 $235,700.00 This item $0 $1,385,100.00 $0 $1,385,100.00 BALANCE $0 $149,756.30 $0 $149,756.30 FUNDS (S): COMMENTS: This project will update and improve the Greenwood Branch Library as approved by voters in the November 2008 Bond Election and provide the public with an enhanced library that functions better and is more cost effective. 1:\GEN\library \Bond 2008\Greenwood\AgendaMemoNew.doc -332- RECOMMENDATION: City staff recommends approval of this agenda item so construction may begin. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid and construction procedures. DEPARTMENTAL CLEARANCES: Department of Finance Library Department LIST OF SUPPORTING DOCUMENTS: Attachment 1: Bid Tab Attachment 2: Project Budget Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager J:\GEN\library\Bond 2008\Greenwood\AgendaMemoNew.doc -333- Page 3 of 3 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Glen Ray torno, AIA - Solka Nava Torno, LLC TIME OF COMPLETION: 240 Calendar Days BID DATE: June 15, 2011 GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS RE -BID BOND 08 (PROJECT NO. 4377) Elite General Contractors, LLC 23 Great Lake Dr. Corpus Christi, Texas 78413 Sal -Con, Inc. P.O. Box 71771 Corpus Christi, Texas 78467 SafeNet Services, LLC 1321 Glengak Corpus Christi, Texas 78418 Barcom Commercial, Inc. 5826 Bear Lane Corpus Christi, Texas 78405 ITEM DESCRIPTION Lump Sum en Greenwood Library remodeling and improvements consisting of site improvements and remodeling of existing branch library. 1 $1,348,000.00 $1,369,000.00 $1,390,800.00 $1,409,319.00 Lx—,R,.A.. 1 'S. �T,': ss ra. cT1. sem` „9 {Y . r3 449 - CUk: $25,000.00 .. �§i�M?is, 7r*'..�,�itYi°ei sv $50,585.00 k, wn Silf , Additive Alternate' A' Concrete Paving For Greenwood Parking Lot: Provide concrete paving at Greenwood parking lot in lieu of Base Bid asphalt paving. Refer to Civil Drawings and Specifications. 1 $94,440.00 $28,900.00 Additive Alternate 'B' Electrical Service Feeder Conduit and Wire Replacement: Replace electrical service feeder conduit and wire from line pole to connection point in the building. Refer to Electrical Drawings. 1 $12,600.00 $12,000.00 $24,996.00 $30,400.00 Additive Alternate 'C' Rocket Activity Millwork: Provide rocket activity millwork as detailed. Refer to Architectural Drawings and Specifications. 1 $5,600.00 $5,700.00 $5,610.00 $5,625.00 Additive Alternate 'D' Space shuttle activity millwork: Provide space shuttle activity millwork as detailed. Refer to Architectural Drawings and Specifications. 1 $10,000.00 $10,300.00 $10,120.00 $10,200.00 Additive Alternate 'E Rocket Arbor Millwork: Provide toddler rocket arbor millwork as detailed. Refer to Architectural Drawings and Specifications. 1 $10,000.00 $10,300.00 $10,065.00 $10,100.00 Additive Alternate 'F' Book Shelving Millwork: Provide book shelving millwork along exterior wall as detailed. Refer to Architectural Drawings and Specifications. 1 $11,500.00 $12,000.00 $11,730.00 $11,600.00 Additive Alternate '0' Aggregate Seal Coat For Horne Road Parking Lot: Provide aggregate seal coat at Horne Road parking lot. Refer to Civil Drawings and Specifications. '' —.WI,.?:Bt.. 1 $23,500.00 $28,000.00 $9,875.00 $5,700.00 B 1 1 a e.e. ;IAM ,,'. i:,,::��aa `), -' 141441. A�tAO ts —0 ..yy CO CO PROJECT BUDGET Greenwood Library Project No. 4377 August 30, 2011 FUNDS AVAILABLE: BondIssue 20081,600,692.05 Bond Issue 2004 49,344.41 Bond Premium 25,018.33 Interest Appropriated April 2010 2,729.98 Interest Appropriated May 2011 4,021.53 Gift Agreements to be Appropriated 138,750.00 Community Development Block Grant .................................................... 50,000.00 TOTAL $1,870,556.30 FUNDS REQUIRED: Northwest Library Land Purchase 100,000.00 Greenwood Library: Base Bid +Add. Alternates C, D, E & F 1,385,100.00 Contingencies (5%) . 69,255.00 Public Art (1.25 of Construction)...... ............... ......... ......... ..... ....... 17,313.75 Consultant Fees: Consultant - Solka Nava Torna 203,550.00 Consultant - Freese Nichols 9,772.00 Testing-Geotech (Rock Engineering and Testing Laboratory, Inc.)..... ..... 1,200.00 Reimbursements: Contract Adminstration (Contract Preparation/Award/Admin) (1.50%) $20,776.50 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) (1.50%) $20,776.50 Finance Reimbursements (1.00%) $13,851.00 Bond Issuance Expense . 23,769.91 Misc. (Printing, Advertising, etc.) . . 5,000.00 TOTAL $1,870,364.66 ESTIMATED PROJECT BUDGET BALANCE: $191.64 -335- GIFT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION, INC. RENOVATIONS TO THE GREENWOOD BRANCH LIBRARY This agreement ("Agreement") is made by and between the City of Corpus Christi ("City"), a home rule municipal corporation organized under the laws of the State of Texas, and the Corpus Christi Public Library Foundation, Inc. ("Foundation"), a 501 (c) (3) organization which solely exists to benefit the City's public libraries. For and in consideration of the covenants, undertakings, and consideration stated in this Agreement, the parties mutually agree as follows: (1) The City accepts a gift ("Gift") from the Foundation in the amount of $101,650.00, which will be used solely and exclusively for the renovation of the children's area at the Greenwood Branch Library. (2) Any portion of the Gift not disbursed for that purpose by the City by October 31, 2012 will be returned to the Foundation. (3) This Agreement cannot be assigned, modified, or amended unless both parties mutually consent to the assignment, modification, or amendment. Additionally, any assignment, modification, or amendment must be made in writing and executed by representatives of each party. (4) This Agreement will be interpreted in accordance with the laws of the State of Texas. —336— Executed in duplicate, each of which shall be considered an original, on this the day of , 2011. ATTEST: Armando Chapa City Secretary Approved as to form: 3"-5 \'-t , 2011. Brian Nas ez Assistant City Attorney for the City Attorney CITY OF CORPUS CHRISTI Oscar R. Martinez Assistant City Manager CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION, INC. By:Pt i 4:0 Paige E. Dim, President Date By: gja Suzel A. Mendietta, Vice President Date -337- GIFT AGREEMENT RENOVATIONS TO THE GREENWOOD BRANCH LIBRARY This Gift Agreement ("Agreement") is made by and between the City of Corpus Christi ("City"), a home rule municipal corporation organized under the laws of the State of Texas, and the Corpus Christi Public Library Foundation, Inc. ("Foundation"), a 501(c)(3) organization which exists solely to benefit the City's public libraries. For and in consideration of the covenants, undertakings, and consideration stated in this Agreement, the parties mutually agree as follows: (1) The City hereby accepts a gift in the amount of $37,100 ("Gift") from the Foundation. (2) The City shall use the Gift solely and exclusively to fund the following bid items included in the Greenwood Branch Library Remodeling and Improvements Project No. 4377: • Additive Alternate 'C': Rocket Activity Millwork — $5,600. • Additive Alternate 'D': Space Shuttle Activity Millwork — $10,000. • Additive Alternate `E': Rocket Arbor Millwork — $10,000. • Additive Alternate 'F': Book Shelving Millwork — $11,500. (3) Any portion of the Gift not disbursed on the bid items listed above by the City on or before October 31, 2012 will be returned to the Foundation. This Agreement cannot be assigned, modified, or amended unless both parties mutually consent to the assignment, modification, or amendment. Additionally, any assignment, modification, or amendment must be made in writing and executed by a representative of each party. (4) This Agreement will be interpreted in accordance with the laws of the State of Texas. [THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK] —338— Executed in duplicate, each of which shall be considered an original, on this the day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Oscar R. Martinez Assistant City Manager Approved as to form: S�� �y , 2011. Bnan Narye�Y z Assistant City Attorney for the City Attorney CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION, INC. By: Pat, " & J Paige E. mn, President By: 6J t Suzel A. Mendieta, Vice President —339— Page 1 of 2 Ordinance appropriating $138,750 from the Corpus Christi Public Library Foundation in the Fund 3210 Library CIP Fund for renovations to the Greenwood Branch Library; changing the FY 2012 Capital Budget adopted by Ordinance No. 029135 to increase revenues and expenditures by $138,750; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $138,750 from the Corpus Christi Public Library Foundation is appropriated in the Fund 3210 Library CIP Fund for renovations to the Greenwood Branch Library. Section 2. The FY 2012 Capital Budget adopted by Ordinance No. 029135 is changed to increase revenues and expenditures by $138,750. Section 3. Upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 30th day of August, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved as to for : 15 -Aug -11 Veronica Ocanas Assistant City Attorney for City Attorney 083011 ORD APP $138,750 from CCPLF for renovations to Greenwood Public Library —340— Page 2 of 2 Corpus Christi, Texas day of 2011 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, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott David Loeb 083011 ORD APP $138,750 from CCPLF for renovations to Greenwood Public Library —341— 31 isijCity of IN Corpus Chnsti lamenoareolson AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: August 25, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Approval of Construction Contract: Triple Crown and Citation Drive Area Improvements for the Base Bid Plus Additive Alternate No. 2 PURPOSE. Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties of Sandia, Texas, in the amount of $110,185.06 for the Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2. BACKGROUND AND FINDING& This project supports the City's commitment of providing the public infrastructure necessary for drainage. The project consists of re -grading approximately 500 linear feet of drainage ditch, installing approximately 25 linear feet of 18 -inch diameter reinforced concrete pipe and two Type A curb inlets with wings, two post and drop inlets, extension of 30 -inch diameter and 42 -inch diameter reinforced concrete pipe, pavement repair, construction of concrete rip rap and hydro - mulching or installing matting for the prevention of erosion. Additive Alternate 1 consists of concrete Rip Rap and retaining wall in place of Gabions. Additive Alternate 2 includes erosion matting. On April 13, 2011, the City received proposals from six (6) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Base Bid -Additive Alternate 1 Base Bid -Additive Alternate 2 Bridges Specialties Sandia, TX $92,037.36 $19,760.00 $18,147.70 Clark Pipeline Corpus Christi, TX $99,457.47 $11,238.88 $26,058.34 Max Construction Corpus Christi, TX $112,148.75 $38,304.00 $23,742.50 ALTERNATIVES: The following alternatives were considered: • Award Base Bid only for $92,037.36 (Bridges Specialties) • Award Base Bid plus Additive Alternative No. 1 for a total of $110,696.35 (Clark Pipeline) • Award Base Bid plus Additive Alternative No. 2 for a total of $110,185.06 (Bridges Specialties) • Award Base Bid plus Additive Alternative No. 1 plus Additive Alternative No. 2 for a total of $129,945.06 (Bridges Specialties) • Construction completed by City of Corpusri forces K:Engincering DelnExchangelClarissaJ Smnn Watcr\2314 - Triple Crown and Citation Drive Are6CONSTRUCTTON12314 - Executive Summary.docx OTHER CONSIDERATIONS: The original project construction budget was $117,000, thus awarding both Additive Alternatives No. 1 and No. 2 exceeded the original construction budget. Additive Alternative No. 1 includes construction of concrete rip rap and headwall at the drainage pipe outfall, an upgrade from the gabion structures included in the Base Bid for scour protection Additive Alternate No. 2 includes providing new erosion control matting within the newly graded drainage ditch. The side slopes on the existing ditch are steeper than the 4:1 side slope typically recommended by the City and were limited due to theexisting available right-of-way width. Installing erosion control matting will minimize the potential for side slope erosion along this steeper ditch section and minimize potential for future maintenance costs. Awarding the Base Bid plus Additive Alternative No. 2 fall within the project construction budget and were recommended to be the best value for the City. FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue X CIP FISCAL YEAR: 2010.2011 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $144,878.55 Encumbered/Expended Amt. This item $110,185.06 BALANCE $34,693.49 FUNDS (S): Storm Water CIP Comments: Failure to complete project would result in further deterioration of the storm water system in the area and could result in increased costs of repair and property damage. RECOMMENDATION: City staff recommends that the contract be awarded to Bridges Specialties of Sandia, Texas, in the amount of $110,185.06 for the Base Bid plus Additive Alternate No. 2. ALTERNATE RECOMMENDATION: As an alternate, city staff recommends that all bids be rejected and that the improvements be constructed through city force account resources. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2010-11 Capital Budget. EMERGENCY/NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES Storm Water —346— K9Engineedng DataExchang6CIetissahSmml Water@314 - Triple Crown and Citation Drive AreACONSTROCT1ONN314 - Executive Summary.docx LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —347— K:\Engincering DataExchangdClarissaSStomt WateA2314 - Triple Crown and Citation Drive AredCONSTROCTION\2314 - Executive Summary.docx PROJECT BUDGET TRIPLE CROWN AND CITATION DRIVE AREA IMPROVEMENTS Project No. 2314 August 30, 2011 FUNDS AVAILABLE: Storm Water CIP (2010-2011) $144,878.55 FUNDS REQUIRED: Construction (Bridges Specialties) $110,185.06 Contingencies $11,018.51 Consultant Fees: Materials Testing $2,203.70 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) $3,030.09 In -House Engineering Design $8,800.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $3,856.48 Construction Inspection $3,856.48 Misc. (Printing, Advertising, etc.) 550.93 Finance Issuance 1,377.31 TOTAL $144,878.55 ESTIMATED PROJECT BUDGET BALANCE 0.00 -348- \ Mproject\ councilexhibits \ exh2314. dwg CORPUS 21Ay LOCATION MAP NOT TO SCALE FRIO STREET PROJECT SITE PROJECT #2314 / CIP No. St. 10 VICINITY MAP NOT TO SCALE Triple Crown and Citation Drive Area Improvements 349 - CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 8/30/2011 WI/ MN S IMO Wiwi* 32 AGENDA MEMORANDUM for the City Council Meeting of August 30, 2011 DATE: TO: FROM: August 10, 2011 Ronald L. Olson, City Manager Faryce-Goode Macon, Assistant Director of Development Services Faryceg@cctexas.com 361-826-3567 PRESENTATION — Joint Land Use Study Consultant Selection Briefing STAFF PRESENTER(S): Name Title/Position Department 1. Robert Payne, AICP Senior City Planner Planning Division OUTSIDE PRESENTER(S): None ISSUE: City Council update on Joint Land Use Study upon consultant selection milestone. BACKGROUND: The Department of Defense Office of Economic Adjustment has awarded the City a grant to complete a Joint Land Use Study (JLUS) to plan for compatible land uses in the vicinity of aviation operations. The City Council has accepted the grant and authorized the formation of a special JLUS Policy Committee. The Policy Committee on August 4, 2011, interviewed two consultant teams. The Policy Committee then rated each consultant team on their proposal presentation and a question an answer interview. Based on the Policy Committee rating the consultant firm of Matrix Design Group is recommended. CONCLUSION: Once hired, the consultant will be required to complete specific tasks in a Scope of Work and to make recommendations to the Policy Committee and staff regarding appropriate land uses in areas surrounding our airport runways. The ultimate objective of the study is to protect the military mission at NAS Corpus Christi by planning for compatible uses. LIST OF SUPPORTING DOCUMENTS: PowerPoint Presentation Cc: Eddie Houlihan, Assistant Director of Management and Budget —353— 8/25/2011 8/25/2011 Corpus Christi Joint Land Use Study (J LUS) Consultant Selection Milestone Corpus Christi Planning Department Joint Land Use Study (JLUS) Grant Award • On June 1, 2011 the DOD Office of Economic Adjustment awarded the City a Joint Land Use Study Grant — To study land use at the end of airport runways — Suggest most appropriate land uses — Protect the Military Missions — flight training, boarder patrol, drug interdiction, etc. Corpus Christi Planning Department Joint Land Use Study (JLUS( 9/25/2011 2 1 —355— 8/25/2011 Policy Committee • A Joint Land Use Policy Committee was formed by City Council — Purpose: make recommendations to City Council on the JLUS — Make a recommendation to City Council on the hiring of a consultant 6/25/2011 Corpus Christi Planning Department Joint Land Use Study PLUS) Technical Committee • The City Manager formed a Technical Advisory Group (TAG) — To make recommendations to the Policy Committee 8/25/2011 .Coypu Chrl: _ Intern amort—' Corpus Christi Planning Department Joint Land Use Study(JLUS) 4 2 —357— 8/25/2011 Request for Proposals • The Policy Committee approved a Request for Proposal (RFP) for the JLUS 6/2/2011. • RFP sent to over 50 local, state and national consultants 6/8/2011. • Advertized in the Association of Defense Contactors 360. B/25/2011 Corpus Christi Planning Department Joint Land Use Study (JLUS) 5 Proposal Evaluation • Six proposals submitted 7/8/2011. — Two consultants had completed 30+JLUS — Four consultant proposals documented very little experience or no experience at all. — TAG recommended two consultant teams be interviewed. 6/25/2011 Corpus Christ) Planning Department Joint Land Use Study (JLUS( 6 3 —359— 8/25/2011 Consultant Interviews • Policy Committee interviewed two consultant teams — Matrix Design Group was recommended — Matrix Design Group - completed over 15 JLUS around the country — Familiar with the area - Kingsville JLUS. — Have received a National award for a JLUS. 8/25/201.1 Corpus Christi Planning Department Joint Land Use Study (JLUS) 2 Consultant Contract • The TAG is working with Matrix Design Group on a Contract — In several weeks Staff will present a recommendation for City Council Action to award a consultant services contract 8/25/2011. Corpus Christi Planning Department Joint Land Use Study (JLUS) 8 4 —361— 8/25/2011 Scope of Work Summary 1. Project Kickoff and Project Strategy 2. Inventory and Mapping 3. Analysis of Land Use Conflicts with Military Mission 4. Analysis of Future Development Potential 5. Land Use Compatibility Recommendations (Mapping) 6. Land Use Compatibility Recommendations (Text) 7. Prepare Final JLUS Report 8. The project will take approximately 12 to 13 months to complete 8/25/2011 Corpus Christi Planning Department Joint Land Use Study (JLUS) 8/25/2011 JLUS Briefing • Questions? Corpus Christi Planning Department Joint Land Use Study (JLUS) 10 5 -363- -366-