City of Kingsville, Texas AGENDA CITY COMMISSION MONDAY, JUNE 10, 2024 REGULAR MEETING CITY HALL HELEN KLEBERG GROVES COMMUNITY ROOM 400 WEST KING AVENUE 5:00P.M. Live Videostream: tp/nwaehooksokom/ctyolsbswlete I. Preliminary Proceedings. OPEN MEETING APPROVED BY: TKE Mark McLaughlin City Manager INVOCATION/PLEDGE OF ALLEGIANCE - (Mayor Fugate) MINUTES OF PREVIOUS MEETING(S) Regular Meeting = May 13, 2024 Special Meeting - May 16, 2024 Regular Meeting - May 28, 2024 II. Public Hearing - (Required by Law)." 1. Public Hearing to consider the advisability of the creation of Reinvestment Zone Number Two, City of Kingsville, Texas for Tax Increment Financing Purposes pursuant to Chapter 311, Texas Tax Code. (Economic Development Director). III. Reports from Commission & Staff.2 "At this time, the City Commission and Staff will reportupdate on all committee assignments which may include but is not limited to the following: Planning & Zoning Commission, Zoning Board of Adjustments, Historical Board, Housing Authority Board, Library Board, Health Board, Tourism, Chamber of Commerce, Coastal Bend Council of Governments, Conner Museum, Keep Kingsville Beautiful, and Texas Municipal League. Staffreports include the following: Building & Development, Code Enforcement, Proposed Development Report; Accounting & Finance - Financial Services Information, Investment Report, Quarterly Budget Report, Monthly Financial Reports; Police & Fire Department - Grant Update, Police & Fire Reports; Street Updates; Public Works- Building Maintenance, Construction Updates; Park Services - grant(s) update, miscellaneous. park projects, Adminstralon-wOASIOP Schedule, Interlocal. Agreements, Public Information, Hotel Occupancy Report, Quiet Zone, Proclamations, Health Plan Update, Tax Increment Zone Presentation, Main Street Downtown, Chapter 59 project, Financial. Advisor, Water And Wastewater Rate Study Presentation. No formal action can be taken on these items at this time." IV. Public Comment on Agenda Items.3 Pagelof4 AGENDA KINGSVILLE CITY COMMISSION June 10, 2024 1. Comments on all agenda and non-agenda items. V. Consent Agenda Notice to the Public The following items are of a routine or administrative nature. The Commission 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 Commission Memberini which event the item or items will immediately be withdrawn fori individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM items will be adopted by one vote. PREVIOUS MEETINGS: (At this point the Commission will vote on all motions, resolutions; and ordinances 1. Motion to approve final passage of an ordinance amending the zoning ordinance granting a Special Use Permit to South Texas Stash, LLC for a Take 5 Oil Change Store inc C2-Retail at Erard Est #3, Lot1, (Verizon) (Property ID: #33088), also known as 1401 E. Gerieral Cavazos Blvd., Kingsville. Texas. (Director of Planning and Development 2. Motion to approve final passage of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate additional funding for Tyler Utility Billing Software increases. 3. Motion to approve final passage of an ordinance amending the Fiscal Year 2023-2024 Budget to accept and expend donation from the Brookshire Foundation for pool equipment 4. Motion to approve final passage of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for the Golf Course Hydroseeding Project. (Parks Director). 5. Motion to approve final passage of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for emergency repair to Police Department AC unit. 6. Motion to approve final passage of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for the Chamberlain Park bathroom roof. (Purchasing 7. Motion to approve final passage of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for Street Department vehicle repairs. (Public Works 8. Motion to approve final passage of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for waterline repairs. (Public Works Director). 9. Motion to approve final passage of an ordinance amending the Fiscal Year 2023-2024 Budget to reallocate UF ARP funding for water line repairs. (18-inch water line repairs). not removed: fori individual consideration) Services). (Finance Director). and recreation programs for the Parks Department. (Parks Director). (Purchasing Manager). Manager). Director). (Public Works Director). Page 2of4 AGENDA- KINGSVILLE CITY COMMISSION June: 10, 2024 REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: VI. Items for consideration by Commissioners." 10. Consider appointing Krystal Emery to the Planning & Zoning Commission for a two- 11. Consider introduction of an ordinance of the City Commission oft the City of Kingsville, Texas, pursuant to Chapter 311 of the Texas Tax Code, creating Tax Increment Financing Reinvestment Zone Number Two, City of Kingsville, Texas. (Economic Development 12. Consider a resolution authorizing the Chief of Police to enter into a Memorandum of Understanding between the City of Kingsville Police Department and the National Insurance Crime Bureau for Law Enforcement ISO ClaimSearch Access. (Police Chief). 13. Consider a resolution authorizing the Chief of Police to enter into a Memorandum of Understanding between the City of Kingsville Police Department andi the Texas Comptroller 14. Consider a resolution authorizing the Police Chief to enter into an Asset Disposition Services Agreement between the City of Kingsville Police Department and 15. Consider approval to use ARP Funds for the removal of four trees in the downtown 16. Consider a resolution authorizing the City, Manager to execute a Reimbursement Agreement for Preliminary Engineering Services with Union Pacific Railroad Company. 17. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for the Reimbursement Agreement for Preliminary Engineering Services with Union Pacific Railroad Company for the Escondido Rail Crossing Project. 18. Consider a resolution of the City of Kingsville, Texas finding that AEP Texas Inc.'s requested increase toi its electric transmission and distribution rates and charges within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by! law; requiring notice oft this resolution to the company and 19. Consider final passage of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for Shift 4 credit card processing fees for Tourism. (Tourism 20. Discuss and consider Commission seating arrangements. (Commissioner Hinojosa). 21. Consider a resolution appointing a commission member to the City of Kingsville 22. Consider a resolution appointing a commission member to the City of Kingsville 23. Consider a resolution appointing two representatives and two alternate representatives 24. Consider a resolution appointing a Mayor Pro Tempore. (Mayor Fugate). year term. (City Manager). Director). of Public Accounts. (Police Chief). ProperyRoom.com, Inc. (Police Chief). area. (Purchasing Manager). (City Manager). (City Manager). legal counsel. (City Attorney). Director). Finance/Audit Committee. (City Attorney). Investment Committee. (City Attorney). to the Coast Bend Council of Governments. (City Manager). Page: 3of4 AGENDA- - KINGSVILLE CITY COMMISSION June 10, 2024 25. Executive Session: Pursuant to Section 551.072, Texas Government Code, Deliberations regarding Real Property Exception, the City Commission shall convene in Executive Session to discuss the purchase, exchange, lease, or value of real property as deliberation in an open meeting would have a detrimental effect on the position of the 26. Consider a resolution authorizing staff to move forward with the sale of the City's real propertyl known as Kenedy Parkl located off 14tStreet and East Kenedy Street (5lh Addition, Block 4, Lots 17-32&E40 of abandoned $. 13th St.) in Kingsville, Texas. (Purchasing governmental body in negotiations with at third party. (City Manager). Manager). VII. Adjournment. No person's comments shall exceed 5 minutes. Cannot be extended by Commission. No person's comments shall exceed 5 minutes without permission of majority of Commission. Comments are limited to 3 minutes per person. May be extended or permitted at other times in the meeting only with 5 affirmative Commission votes. The speaker must identify himself by name and Items being considered by the Commission for action except citizen's comments to the Mayor and Commission, no comment at this point without 5 affirmative votes of the Commission. address. NOTICE This City of Kingsville and Commission Chambers are wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 361/595-8002 or FAX 361/595-8024 or E-Mail valensuelatcityorsingville.com for further information. Braille Is Not Available. The City Commission reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above, as authorized by the Texas Government Code, Section 551-071 (Consultation with Attorney), 551-072 Deliberations about Real Property), 551-073 Deliberations about Gifts and Donations), 551-074 (Personnel Matters), 551.076 (Deliberations about Security Devices), 551-086 (Certain Public Power Utilities: 1,theu undersigned authority do hereby certify that the Notice of Meeting was posted ont the bulletin board at City Hall, City ofKingsville, 400 West King Avenue, Kingsville, Texas, a place convenient and readily accessible to the general public at all times and said Notice was posted on the June 6, 2024, at 11:30A.M. andi remained sO posted continuously for at least 721 hours proceeding Competitive Matters), and 551-087 (Economic Development). following date and time: the scheduled time of said meeting. monyolunguale Mary Valenzuela, TRMC, City Secretary City of Kingsville, Texas This public notice was removed from the official posting board at the Kingsville City Hall on the following date and time: City Secretary's Office City of Kingsville, Texas By: Page 4of4 AGENDA- KINGSVILLE CITY COMMISSION June 10,2024 MINUTES OF PREVIOUS MEETING(S) MAY13, 2024 A REGULAR MEETING OF THE CITY OF KINGSVILLE CITY COMMISSION WAS HELD ON MONDAY, MAY 13, 2024, IN THE HELEN KLEBERG GROVES COMMUNITY ROOM, 400 WEST KING AVENUE, KINGSVILLE, TEXAS AT 5:00 P.M. CITY COMMISSION PRESENT: Sam R. Fugate, Mayor Hector Hinojosa, Commissioner Norma N. Alvarez, Commissioner Edna Lopez, Commissioner CITY COMMISSION ABSENT: Ann Marie Torres, Commissioner CITY STAFF PRESENT: Mark McLaughlin, City Manager Mary Valenzuela, City Secretary Courtney Alvarez, City Attorney Kyle Benson, Director of Information & Technology Derek Williams, IT Bill Donnell, Public Works Director Susan Ivy, Parks Director Emilio Garcia, Health Director Deborah Balli, Finance Director Janine Reyes, Tourism Director John Blair, Chief of Police Diana Gonzalez, Human Resources Director Erik Spitzer, Director of Planning & Development Services Charlie Sosa, Purchasing Manager Leticia Salinas, Accounting Manager Juan J. Adame, Fire Chief - Preliminary Proceedings. OPEN MEETING Commissioner Torres was absent. Allegiance and the Texas Pledge. MINUTES OF PREVIOUS MEETING(S) Regular Meeting - April 8, 2024 Special Meeting - April 11,2 2024 Special Meeting - April 18, 2024 Mayor Fugate opened the meeting at 5:00 P.M. with four commission members present. The invocation was delivered by Ms. Courtney Alvarez, City Attorney, followed by the Pledge of INVOCATION/PLEDGE OF ALLEGIANCE - (Mayor Fugate) Motion made by Commissioner Lopez to approve the minutes of April 8, 2024, April 11, 2024, and April 18, 2024 as presented, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Hinojosa, Alvarez, Lopez, 1. Public hearing oncondemnation: of structure at 219 E. Richard, Kingsville, Texas. Fugate voting FOR". II. Public Hearing - (Required by Law)." (Director of Planning and Development Services). Mayor Fugate opened this public hearing at 5:04 p.m. Page 1of1 11- May 13, 2024 Mayor Fugate opened this public hearing at 5:06 p.m. He further announced that this is a public hearing and if anyone would liket to speak on behalf of this item they may do sO now with at five-minute limit. Additional time cannot be extended by the City Commission. Mr. Erik Spitzer, Director of Planning and Development Services reported on this condemnation. Property is an attractive nuisance to children and a harbor for vagrants, criminals, and immoral people. There is evidence of roaches, rats, mice, or other vermin found. This property has an uncovered roof and graffiti. This property has back taxes owed and has not been paid. The property has been noticed and the notice was published in the local newspaper. Photos of said property were displayed for Commission viewing. There being noi further comments, Mayor Fugate closed this public hearing at 5:06 p.m. 2. Public hearing on condemnation of structure at 223 E. Richard, Kingsville, Texas. Mayor Fugate opened this public hearing at 5:06 p.m. He further announced that this is a public hearing and if anyone would like to speak on behalf oft this item they may do sO now with at five-minute limit. Additional time cannot be extended by the City Commission. Mr. Spitzer reported on this condemnation. The property is unsecured and is an attractive nuisance to children and harbors for vagrants, criminals, and immoral people. There is evidence of roaches, rats, mice, or other vermin found. This property has an uncovered roof and graffiti. This property has back taxes owed and has not been paid. The property has been noticed and the notice was published in the local newspaper. Photos of said There being no further comments, Mayor Fugate closed this public hearing at 5:13 p.m. 3. Public hearing on condemnation ofstructure at 301 E. Richard, Kingsville, Texas. Mayor Fugate opened this public hearing at 5:13 p.m. He further announced that this is a public hearing and if anyone would like to speak on behalf of this item they may do sO now with ai five-minute limit. Additional time cannot be extended by the City Commission. Mr. Spitzer reported on this condemnation. The property is unsecured and is an attractive nuisance to children and harbors for vagrants, criminals, and immoral people. There is evidence of roaches, rats, mice, or other vermin found. This property has an uncovered roof and graffiti. This property has back taxes owed and has not been paid. The property has been noticed and the notice was published in the local newspaper. Photos of said property were displayed for Commission viewing. The city maintains this property for code violations. The owner has not made contact with city staff. This property has not had water There being no further comments, Mayor Fugate closed this public hearing at 5:15 p.m. 4. Public hearing on condemnation of structure at 721 Alexander, Kingsville, Texas. 5. Public hearing on condemnation of structure at 608 E. Mesquite, Kingsville, Mayor Fugate opened this public hearing at 5:15 p.m. He further announced that this is a public hearing and if anyone would like to speak on behalf of this item they may do so now with a five-minute limit. Additional time cannot be extended by the City Commission. Mr. Spitzer reported on this condemnation. The property is unsecured and is an attractive nuisance to children and harbors for vagrants, criminals, and immoral people. There is evidence of roaches, rats, mice, or other vermin found. This property has an uncovered roof and graffiti. The property has been noticed and the notice was published in the local (Director of Planning and Development Services). property were displayed for Commission viewing. (Director of Planning and Development Services). service since 2018 and no electricity since October 2013. (Director of Planning and Development Services). No discussion was taken on this public hearing. Texas. (Director of Planning and Development Services). Page2of11-May! 13,2024 newspaper. Photos of said property were displayed for Commission viewing. This property has been without electricity since 2016. Mr. Spitzer stated that he spoke with the deceased owner's daughter, Audrey, and she was supposed to bring this property up to code but There being no further comments, Mayor Fugate closed this public hearing at 5:18 p.m. 6. Public hearing on condemnation of structure at 614W. Ave. F,K Kingsville, Texas. Mayor Fugate opened this public hearing at 5:18 p.m. He further announced that this is a public hearing and if anyone would like to speak on behalf oft this item they may do sO now with a five-minute limit. Additional time cannot be extended by the City Commission. Mr. Spitzer reported on this condemnation. The property is' unsecured and is an attractive nuisance to children and harbors for vagrants, criminals, and immoral people. There is evidence of roaches, rats, mice, or other vermin found. This property has an uncovered roof and graffiti. The property has been noticed and the notice was published in the local newspaper. Photos of said property were displayed for Commission viewing. The structure isi in bad repair and was notified by Mr. Manny Buentello, Inspector, in February 2022, but nothing has been done to said property. This property has been without water services There being noi further comments, Mayor Fugate closed this public hearing at 5:20 p.m. 7. Public hearing on condemnation of structure at 529 E. Johnston, Kingsville, Mayor Fugate opened this public hearing at 5:20 p.m. He further announced that this is a public hearing and if anyone would like to speak on behalf oft this item they may do soI now with ai five-minute limit. Additional time cannot be extended by the City Commission. Mr. Spitzer reported on this condemnation. The property is unsecured and is an attractive nuisance to children and harbors for vagrants, criminals, and immoral people. There is evidence of roaches, rats, mice, or other vermin found. This property has an uncovered roof and graffiti. The property has been noticed and the notice was published in the local newspaper. Photos of said property were displayed for Commission viewing. This structure has had a fire in the past. It has been noticed that there are cats inside and outside the structure. The property owner will not allow city staff to go in and has been given multiple extensions in the past. The fence is falling and has overgrown trees surrounding the property. This property has had no water services since August 2022 and no electricity There being no further comments, Mayor Fugate closed this public hearing at 5:22 p.m. "At this time, the City Commission and Staff will report/update on all committee assignments which may include but is not limited to the following: Planning & Zoning Commission, Zoning Board of Adjustments, Historical Board, Housing Authority Board, Library Board, Health Board, Tourism, Chamber of Commerce, Coastal Bend Council of Governments, Conner Museum, Keep Kingsville Beautiful and Texas Municipal League. Staff reports include the following: Building & Development, Code Enforcement, Proposed. Development Report; Accounting & Finance - Financial Services. Information, Investment Report, Quarterly Budget Report, Monthly Financial Reports; Police & Fire Department Grant Update, Police & Fire Reports; Street Updates; Public Works- Building Maintenance, Construction Updates; Park Services - grant(s) update, miscellaneous park projects, Admnstalon-WOAsnoP Schedule, Interlocal Agreements, Public Information, Hotel Occupancy Report, Quiet Zone, Proclamations, Health Plan Update, Tax Increment Zone Presentation, Main Street Downtown, Chapter 59 project, never did. (Director of Planning and Development Services). since June 2012 and electricity since 2015. Texas. (Director of Planning and Development Services). since 2011. III. Reports from Commission & Staff.2 Page 3of11-May: 13, 2024 Financial. Advisor, Water And Wastewater Rate Study Presentation. No formal action can Mr. Mark McLaughlin, City Manager stated that the city held its trash-off event this past weekend. Hei further announced the upcoming State of the City Event which is scheduled Ms. Courtney Alvarez, City Attorney reported that therei is a special meeting scheduled for Thursday, May 16, 2024, for the swearing-in of the newly elected Mayor and Commissioners. The next regular meeting is scheduled for Tuesday, May 28, 2024, with the deadline for staff to submit their agenda items no later than Friday, May 17th. Alvarez further announced that city offices will be closed on Monday, May 27h for the Memorial The commission thanked the citizens who came out to vote in the city's election. Commissioner Lopez announced that this week is National Police Week. She further thanked officers who help serve and protect our community: andsurrounding communities. Mayor Fugate read and presented city staff a proclamation for Public Service Week. be taken on these items at this time." for Wednesday, May 22, 2024. Day Holiday. IV. Public Comment on Agenda Items.3 1. Comments on all agenda and non-agenda items. Public comment was received via email from Juan Sanchez, 1002 Gillet. The comment read as follows: Abandoned and unsafe properties: 1006 Gillet has high grass and 5 to 6 abandoned vehicles, and 1009 Gillet abandoned properties with broken doors and Mr. Jack Cairnes, 787 CO Road 1145 in Riviera made a public comment regarding Code Enforcement. He stated that he owns property in Kingsville and has received a notice from the Code Enforcement Department regarding his property. He stated that there is a group of people in Kingsville government that believe that they have a right to tell private citizens what articles of personal property they may or may not have on their front porch or on their property. Het further stated that the group is Codel Enforcement andi the City Manager. Code Enforcement is heavy-handed and belligerent in their dealings with citizens. They seem to have no understanding oft the tenant and landlord relationship and they make upi the rules on their own as they go along. This behavior should not and cannot stand. windows. V. Consent Agenda Notice to the Public The following items are of a routine or administrative nature. The Commission 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 Commission Member in which event the item ori 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 CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM items will be adopted by one vote. PREVIOUS MEETINGS: (At this point the Commission will vote on all motions, resolutions, and ordinances not removed. fori individual consideration) Page 4 of1 11- May 13, 2024 Motion made by Commissioner Lopez to approve the consent agenda as, presented, seconded by Commissioner Hinojosa. The motion was passed and approved by the 1. Motion to approve reappointment of Maggie Salinas, Daniel Burt, Lucia Perez, and David Thibodeaux to the Historical Development Board each for a three-year 2. Motion to approve a resolution authorizing the City Manager and the Chief of Police to enter into a Memorandum of Understanding between the City of Kingsville Police Department and the Coastal Bend College Police Department. (to update following vote: Alvarez, Lopez, Hinojosa, Fugate voting "FOR". term. (Director of Planning and Development Services). signatories; no cost). (Police Chief). REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: VI. Items for consideration by Commissioners. 3. Consideration and approval of an ordinance authorizing the issuance of"Cityof Kingsville, Texas Certificates of Obligation, Series 2024": entering into a Bond Purchase Agreement and a Paying AgentRegistrar Agreement; and approving all Mr. Matt Lujan gave al brief presentation on the city's Certificate of Obligation Series 2024. Motion made by Commissioner Lopez to approve the ordinance authorizing the issuance of "City of Kingsville, Texas Certificates of Obligation, Series 2024"; entering into a Bond Purchase Agreement and al Paying Agent/Registrar Agreement; and approving all other matters related thereto, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Lopez, 4. Consider accepting the Annual Comprehensive Financial Report (ACFR) of the Mrs. Margaret Kelly of Womack & Co. gave a presentation on the city's Annual Comprehensive Financial Report for Fiscal Year 2022-2023. The city is trending in the right Motion made by Commissioner Lopez to accept the Annual Comprehensive Financial Report(ACFR) ofthe City of Kingsville for Fiscal Year 2022-2023, seconded by Commissioner Hinojosa. The motion was passed and approved by the following 5. Consider appointment of Daniel Morales to the Historical Development Board for athree-year term. (Director of Planning and Development Services). Motion made by Commissioner Lopez and Commissioner Alvarez to approve the appointment of Daniel Morales to the Historical Development Board for a three-year term, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Hinojosa, Alvarez, Lopez, Fugate voting "FOR". 6. Consider condemnation of structure located at 219 E. Richard, Kingsville, Texas. Motion made by Commissioner Lopez, motion finding not able to repair building or structure is unsafe and present condition is a violation of ordinances and cannot be corrected without substantial reconstruction, then declare the building or structure to be a public nuisance and order its demolition by owner/agentperson in charge within 30 days; city shall abate in any manner it deems necessary and proper, other matters related thereto. (Finance Director). Hinojosa, Alvarez, Fugate voting "FOR". City of Kingsville for Fiscal Year 2022-2023. (Finance Director). direction. vote: Lopez, Hinojosa, Alvarez, Fugate voting "FOR". (Director of Planning and Development Services). Page! 5of11-May 13,2 2024 seconded by Commissioner Alvarez. The motion was passed and approved by the 7. Consider condemnation of structure located at 223 E. Richard, Kingsville, Texas. Motion made by Commissioner Lopez, motion finding not able to repair building or structure is unsafe and present condition is a violation of ordinances and cannot be corrected without substantial reconstruction, then declare the building or structure to be a public nuisance and order its demolition by owner/agentperson in charge within 30 days; city shall abate in any manner it deems necessary and proper, seconded by Commissioner Hinojosa. The motion was passed and approved by the 8. Consider condemnation of structure located at 301 E. Richard, Kingsville, Texas. Motion made by Commissioner Lopez, motion finding not able to repair building or structure is unsafe and present condition is a violation of ordinances and cannot be corrected without substantial reconstruction, then declare the building or structure to be a public nuisance and order its demolition by owner/agentperson in charge within 30 days; city shall abate in any manner it deems necessary and proper, seconded by Commissioner Alvarez. The motion was passed and approved by the 9. Consider condemnation of structure located at 721 Alexander, Kingsville, Texas. following vote: Alvarez, Lopez, Hinojosa, Fugate voting "FOR". (Director of Planning and Development Services). following vote: Lopez, Hinojosa, Alvarez, Fugate voting "FOR". (Director of Planning and Development Services). following vote: Hinojosa, Alvarez, Lopez, Fugate voting "FOR". (Director of Planning and Development Services). No discussion or action was taken on this agenda item. Texas. (Director of Planning and Development Servies). 10. Consider condemnation of structure located at 608 E. Mesquite, Kingsville, Motion made by Commissioner Lopez, motion finding not able to repair building or structure is unsafe and present condition is a violation of ordinances and cannot be corrected without substantial reconstruction, then declare the building or structure to be a public nuisance and order its demolition by owner/agentperson in charge within 30 days; city shall abate in any manner it deems necessary and proper, seconded by Commissioner Hinojosa. The motion was passed and approved by the 11. Consider condemnation of structure located at 614W. Ave. F,K Kingsville, Texas. Motion made by Commissioner Lopez, motion finding not able to repair building or structure is unsafe and present condition is a violation of ordinances and cannot be corrected without substantial reconstruction, then declare the building or structure to be a public nuisance and order its demolition by owner/agentperson in charge within 30 days; city shall abate in any manner it deems necessary and proper, seconded by Commissioner Alvarez. The motion was passed and approved by the 12. Consider condemnation of structure located at 529 E. Johnston, Kingsville, Motion made by Commissioner Lopez, motion finding not able to repair building or structure is unsafe and present condition is a violation of ordinances and cannot be corrected without substantial reconstruction, then declare the building or structure to be a public nuisance and order its demolition by owner/agentperson in charge within 30 days; city shall abate in any manner it deems necessary and proper, following vote: Alvarez, Lopez, Hinojosa, Fugate voting "FOR". (Director of Planning and Development Services). following vote: Lopez, Hinojosa, Alvarez, Fugate voting "FOR". Texas. (Director of Planning and Development Services). Page 6of1 11-May1 13, 2024 seconded by Commissioner Hinojosa. The motion was passed and approved by the 13. Consider a resolution authorizing the City to submit an application to the U.S. Department of Homeland Security's Federal Emergency Management. Agency for the purpose of requesting grant funding on behalf of the City for the 2024 Staffing For Adequate Fire and Emergency Response (SAFER) Grant Program for additional firefighters for the Kingsville Fire Department with no anticipated cash match. (Fire Chief Adame stated that the staffing for Adequate Fire and Emergency Response Grants (SAFER) was created toj provide funding directly to fire departments to increase or maintain the number of trained front-line firefighters available in their communities. The grant also gives the department 180 days to hire the additional personnel funded through the grant. The total grant request is for $3,925,644.00. At the end of the three years, the city will be responsible for the employee cost. This grant covers full salary and benefits for twelve employees for three years, there are no matching funds during this time. After three years Motion made by CommissionerLopez to approve the resolution authorizing the City to submit an application to the U.S. Department of Homeland Security's Federal Emergency Management Agency for the purpose of requesting grant funding on behalf of the City for the 2024 Staffing For Adequate Fire and Emergency Response (SAFER) Grant Program for additional firefighters for the Kingsville Fire Department with no anticipated cash match, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Hinojosa, Alvarez, Lopez, Fugate 14. Consider accepting grant funds from the Occidental Petroleum Corporation for the Kingsville Fire Department and the Kingsville Police Department. (Fire Chief). Chief Adame stated that each year 1 Point Five through Occidental Petroleum Corporation awards donations to various organizations. This year 1 Point Five has awarded a total of $50,000t tot thel Fire and Police Departments. The donations will be earmarked for upgrading the 800 MHz Radio System. Both departments are requesting approval to accept the said donation. Each department will be awarded $25,000. There is no financial impact on the Motion made by Commissioner Lopez to accept grant funds from the Occidental Petroleum Corporation for the Kingsville Fire Department and the Kingsville Police Department, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Alvarez, Lopez, Hinojosa, Fugate voting "FOR". 15. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to accept and expend the donation from the Occidental Petroleum Corporation for radio system upgrades. (for Kingsville Fire & Police Departments). following vote: Hinojosa, Alvarez, Lopez, Fugate voting "FOR". Chief). the city will have the responsibility for salaries and benefits. voting "FOR". city. The funds will be used to reimburse Fund 5 of the radio project. (Fire Chief). Introduction item. 16. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate additional funding for medical supplies for the Fire Department. (Fire Chief). Introduction item. 17. Consider a resolution authorizing the Police Chief to enter into an Operating Agreement between Navy Region Southeast Regional Dispatch Center, Commanding Officer Naval Air Station Kingsville, Kingsville Police Department, and Page7of11-May: 13, 2024 Kleberg County Sheriff Office for Managing Emergency "911" Calls for Service at Mr. John Blair, Chief of Police stated that the execution of this public safety operating agreement holds significant importance in ensuring the timely and effective management ofemergency calls for service originating from Naval Air Station Kingsville and its affiliated properties. By establishing clear protocols, the agreement delineates responsibilties between the Navy Region Southeast Regional Dispatch Center and local law enforcement agencies, namely the Kingsville Police Department and the Kelberg County Sheriff's Office. This agreement is pivotal in guaranteeing that emergency calls from NAS Kingsville and associated properties receive prompt attention and appropriate response measures are Motion made by Commissioner Alvarez to approve the resolution authorizing the Police Chief to enter into an Operating Agreement between Navy Region Southeast Regional Dispatch Center, Commanding Officer Naval Air Station Kingsville, Kingsville Police Department, and Kleberg County Sheriff Office for Managing Emergency 911" Calls for Service at Naval Air Station Kingsville, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: 18. Consider a resolution authorizing the Police Chief to enter into a Memorandum ofUnderstanding Between the Kingsville Police Departmentand the Kleberg County Sheriff's Office for Law Enforcement Firearms Range Agreement. (Police Chief). Chief Blair stated that the implementation of this public safety agreement is paramount in guaranteeing the safety and adherence to established protocols for Kingsville Police Department officers utilizing the Kleberg County Sheriff's Office Range for firearm training. With a multitude of KPD staff certified by the Texas Commission on Law Enforcement to host and instruct firearm courses at ranges, it is imperative that all officers understand the safety regulations and associated liabilities inherent in range usage. This memorandum of understanding serves as formal acknowledgement of the requisite safety measures and operational protocols governing firearm training conducted at the Kleberg County Sherif's Office Range. By aligning with TCOLE-certified instructors within KPD, this agreement fulfills the mandated requirement for an established MOU toi facilitate training courses. Motion made by Commissioner Lopez to approve the resolution authorizing the Police Chief to enter into a Memorandum of Understanding Between the Kingsville Police Department and the Kleberg County Sheriff's Office for Law Enforcement Firearms Range Agreement, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Hinojosa, Alvarez, Lopez, Fugate voting 19. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to accept and expend grant proceeds from the Coastal Bend Bays & Naval Air Station Kingsville. (Police Chief). swiftly enacted. Lopez, Hinojosa, Alvarez, Fugate voting "FOR". "FOR". Estuaries for a Parks outdoor classroom. (Parks Director). Introduction item. 20. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for the purchase, painting, and delivery of 5 javelina statues. (Finance Director). Introduction item. 21. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate additional funding for City Commission group health insurance. (Finance Director). Page8of1 11-May 13,2 2024 Mrs. Deborha Balli, Finance Director stated that the FY23-24 budget appropriated funding for 2 group health enrollments based on the prior year. Benefit enrollment took place after the budget was adopted and resulted in an additional enrollment. This budget amendment appropriates $6,600 in additional funding for the increased enrollment. Introduction item. 22. Consider a resolution authorizing the City Manager to enter into an Engagement Letter Agreement between the City of Kingsville, Texas and John Womack & Co., Motion made by Commissioner Lopez and Commissioner Alvarez to approve the resolution authorizing the City Manager to enter into an Engagement Letter Agreement between the City of Kingsville, Texas and John Womack & Co., P.C. for the 2023-2024 Fiscal Year Audit, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Hinojosa, Alvarez, Lopez, Fugate 23. Consider rrescindingaward to and construction contract with Texas Pride Utilities LLCfor Bid No. 24-04 for GLO CDBG-MIT COntAdN0224B2916D28 for Project6: 10th Street Sanitary Sewer Improvement Project as per recommendation of outside Mr. Charlie Sosa, Purchasing Manager stated that on March 11, 2024, the city awarded Bid 24-04 for GLO Project 6 to Texas Pride Utilities for $714,814.00, as the lowest responsible bidder. On March 25, 2024, the construction contract was awarded. The City held a Preconstruction Conference with the contractor on April 4, 2024. However, the city could not issue a Notice to Proceed with construction due to pending bonds, insurance, and the construction contract not being received from the vendor. The City, GrantWorks, and ICE made several attempts to contact the contractor, but no response or documents have been provided. As the initial vendor is being unresponsive and unnecessarily delaying the project, the outside engineer and staff recommend the city move forward with Mayor Fugate asked if this is something that could be done and has it ever been done in the past. Ms. Alvarez stated that there is nothing from preventing the city to rescind the Motion made by Commissioner Hinojosa to approve rescinding award to and construction contract with Texas Pride Utilities LLC for Bid No. 24-04for GLOCDBG- MIT Contract NO.22-082-016-D218 for Project 6: 10th Street Sanitary Sewer Improvement Project as per recommendation of outside engineer and staff, seconded by Commissioner Lopez. The motion was passed and approved by the 24. Consider awarding Bid No. 24-04 for GLO CDBG-MIT Contract No.22-082-016- D218 for Project 6: 10th Street Sanitary Sewer Improvement Project to PM Construction & Rehab, LLC as per recommendation of outside engineer and staff. Motion made by Commissioner Hinojosa to approve awarding Bid No. 24-04 for GLO CDBG-MIT Contract No.22-082-016-D218 for Project 6: 10th Street Sanitary. Sewer Improvement Project to PM Construction & Rehab, LLC as per recommendation of outside engineer and staff, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: Lopez, Hinojosa, Alvarez, Fugate voting 25. Consider awarding Bid No. 24-12 for Miscellaneous Services, as per staff P.C. for the 2023-2024 Fiscal Year Audit. (Finance Director). voting "FOR". engineer and staff. (City Engineerl Purchasing Manager). rescinding the initial bid award and the construction contract. contract and this is the first for the city. following vote: Alvarez, Lopez, Hinojosa, Fugate voting "FOR". (City Engineer/ Purchasing Manager). "FOR". recommendation. (Purchasing Manager). Pageg 90 of 11-May 13, 2024 Mr. Sosa stated that this authorizes the city to enter into a contract with D.I.A. Utilities of Kingsville for annual miscellaneous services contract. Request for Proposal 24-06 was published in the newspaper on April 4, 2024 and April 11, 2024. Request were accepted until 2:00 p.m. on April 23, 2024. One response was received from D.I.A. Utilities of Kingsville, Staff reviewed RFP 24-12 and found the information received to be responsive Motion made by Commissioner Lopez to approve awarding Bid No. 24-12 for Miscellaneous Services, as per staff recommendation, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Hinojosa, 26. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate additional funding for various line items for the Facilities for D.I.A. Utilities of Kingsville. Alvarez, Lopez, Fugate voting "FOR". Division. (Purchasing Manager). Introduction item. 27. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budgetto appropriate funding for new City Commission dais. (Purchasing Manager). Mr. Sosa stated that this is for a new dais for the City Commission. The new dais will have a curvature which will make it easier for each Commission member to see the other when speaking. Introduction item only. 28. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Land Use, Article 3, Subdivisions, Sections 15-3-19, & 45; to add clarifying regulation references to the Model Subdivision Rules. (City The Engineering Department will be submitting a grant application to the TWDB for the Economical Distressed Areas Program (EDAP). The area of interest is in the northwest part of the city limits. There are approximately 21 residential properties that would qualify for first-time connection to wastewater services. In addition, a total of 80 residential properties could benefit from the new proposed waterlines and manholes. Engineer/City Attorney). Introduction item. 29. Consider a resolution authorizing the City Manager to execute an Utility Easement from King Carlos Retail Partners, LTD to place, construct, operate, repair, maintain, inspect, and replace underground utility lines and systems. (SE corner US77 bypass access road and East Sen. Carlos Truan Blvd.) (City Engineer/City This utility easement will be a separate instrument document because the developer was not required to plat his property. The City of Kingsville has a potential for growth on the east side of US Hwy 77. The property is located on the southeast corner of US Hwy 77 Access Road and Senator Carlos Truan Blvd., south of McCoy's. The owner oft the property plans to develop a convenience store on the property and has agreed to provide the city Attorney). with this utility easement. Introduction item. 30. Consider a resolution and order canvassing the election returns and declare the results of the City of Kingsville's General Election conducted on May 4, 2024. (City Secretary). CONSIDERE UNA RESOLUCION y ORDEN DE ESCRUTINIO DE LOS VOTOS DE LAS ELECCIONES, EN QUE SE DECLARAN LOS RESULTADOS DE LAS Page 10of1 11-May 13, 2024 ELECCIONES GENERALES DELA CIUDAD DE KINGSVILLE, LEVADASACABOEL Motion made by Commissioner Lopez and Commissioner Alvarez to approve the resolution and order canvassing the election returns and declare the results of the City of Kingsville's General Election conducted on May 4, 2024, seconded by Commissioner Hinojosa. The motion was passed and approved by the following 4DEI MAYO DE 2024. (SECRETARIA MUNICIPAL). vote: Alvarez, Lopez, Hinojosa, Fugate voting "FOR". VI. Adjournment. There being no further business to come before the City Commission, the meeting was adjourned at 6:42 P.M. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary Page 11 of11-May 13, 2024 MAY 16, 2024 A REGULAR MEETING OF THE CITY OF KINGSVILLE CITY COMMISSION WAS HELD ON THURSDAY, MAY 16, 2024, IN THE HELEN KLEBERG GROVES COMMUNITY ROOM, 400 WEST KING AVENUE, KINGSVILLE, TEXAS AT 5:30 P.M. CITY COMMISSION PRESENT: Sam R. Fugate, Mayor Edna Lopez, Commissioner Norma N. Alvarez, Commissioner Hector Hinojosa, Commissioner Leo Alarcon, Commissioner CITY STAFF PRESENT: Mark McLaughlin, City Manager Mary' Valenzuela, City Secretary Courtney Alvarez, City Attorney Michael Krueger, Municipal Court Judge Kyle Benson, Director of Information & Technology Derek Williams, IT Emilio Garcia, Health Director John Blair, Chief of Police Diana Gonzalez, Human Resources Director Erik Spitzer, Director of Planning & Development Services Leticia Salinas, Accounting Manager Alicia Tijerina, Downtown Manager Joseph Ramirez, Engineer's Assistant Deborah Balli, Finance Director Janine Reyes, Tourism Director . Preliminary Proceedings. OPEN MEETING Mayor Fugate opened the meeting at 5:00 P.M. with all five commission members present. The invocation was delivered by Ms. Courtney Alvarez, City Attorney, followed by the Pledge of INVOCATION/PLEDGE OF ALLEGIANCE - (Mayor Fugate) Allegiance and the Texas Pledge. MINUTES OF PREVIOUS MEETING(S) II. Public Hearing - (Required by Law)." III. Reports from Commission & Staff.2 None. 1. None. "At this time, the City Commission and Staff will reportupdate on all committee assignments which may include but is not limited to the following: Planning & Zoning Commission, Zoning Board of Adjustments, Historical Board, Housing Authority Board, Library Board, Health Board, Tourism, Chamber of Commerce, Coastal Bend Council of Governments, Conner Museum, Keep Kingsville Beautiful, and Texas Municipal League. Staffreports include the following: Building & Development, Code. Enforcement, Proposed Development Report; Accounting & Finance - Financial Services- Information, Investment Report, Quarterly Budget Report, Monthly Financial Reports; Police & Fire Department - Grant Update, Police & Fire Reports; Street Updates; Public Works- miscellaneous park projects, Admnstraton-Worshop Schedule, Interlocal. Agreements, Building Maintenance, Construction Updates; Park Services grant(s) update, Pagelof2-MAY16,2024 Public Information, Hotel Occupancy Report, Quiet Zone, Proclamations, Health Plan Update, Tax Increment Zone Presentation, Main Street Downtown, Chapter 59 project, Financial Advisor, Water. And Wastewater Rate Study Presentation. No formal action can The City Commission thanked the voters and those in attendance for their support and be taken on these items at this time." votes. IV. Public Comment on Agenda Items.3 No public comments were made. 1. Comments on all agenda and non-agenda items. V. Consent Agenda Notice to the Public The following items are of a routine or administrative nature. The Commission 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. bya a Commission Memberi 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 CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM items will be adopted by one vote. PREVIOUS MEETINGS: (At this point the Commission will vote on all motions, resolutions, and ordinances not removed for individual consideration) None. REGULARAGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 1. Swearing-in and official oath of newly elected Mayor. (City Commission). Honorable Judge Michael Krueger performed the swearing-in ceremony of the newly 2. Swearing-in and official oath of newly elected City Commissioners. (City Honorable Judge Michael Krueger performed the swearing-in ceremony of the newly VI. Items for consideration by Commissioners." elected Mayor. Commission). elected Commissioners. VI. Adjournment. There being no further business to come before the City Commission, the meeting was adjourned at 5:52P.M. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary Page2of2-MAY16,024 MAY 28, 2024 A REGULAR MEETING OF THE CITY OF KINGSVILLE CITY COMMISSION WAS HELD ON MONDAY, MAY 28, 2024, IN THE HELEN KLEBERG GROVES COMMUNITY ROOM, 400 WEST KING AVENUE, KINGSVILLE, TEXAS AT 5:00 P.M. CITY COMMISSION PRESENT: Edna Lopez, Commissioner Norma N. Alvarez, Commissioner Hector Hinojosa, Commissioner Leo Alarcon, Commissioner CITY COMMISSION ABSENT: Sam Fugate, Mayor CITY STAFF PRESENT: Mary Valenzuela, City Secretary Courtney Alvarez, City Attorney Derek Williams, IT Emilio Garcia, Health Director John Blair, Chief of Police Kyle Benson, Director of Information & Technology Diana Gonzalez, Human Resources Director Erik Spitzer, Director of Planning & Development Services Leticia Salinas, Accounting Manager Alicia Tijerina, Downtown Manager Joseph Ramirez, Engineer's Assistant Deborah Balli, Finance Director Susan Ivy, Park Director Michael Mora, Capital Improvements Manager Bill Donnell, Public Works Directro Rudy Mora, City Engineer Charlie Sosa, Purchasing Manager Joseph Ramirez, Engineer's Assistant F Preliminary Proceedings. OPEN MEETING Commissioner Lopez opened the meeting at 5:00 p.m. with four commission members present. The invocation was delivered by Ms. Courtney Alvarez, City Attorney, followed by the Pledge of Mayor Sam Fugate was absent from the meeting. NVOCATION/PLEDGE OF ALLEGIANCE - (Mayor Fugate) Allegiance and the Texas Pledge. MINUTES OF PREVIOUS MEETING(S) H. Public Hearing - (Required by Law)." None. 1. Public Hearing on a request to replat of 1 acre out of 36.726 acres of KT&I Co, Block 5, Lot Pt11, also known as the 2700 Block of East Corral, Kingsville, Texas. Ernesto Perez, applicant; J. Filiberto Garcia, LLC, owner. (Property ID #19868). Commissioner Lopez read and opened this public hearing at 5:01 p.m. Commissioner Lopez further announced that this is a public hearing. If anyone would like to speak on (Director of Planning and Development Services). Page 1of9- May: 28, 2024 behalf of this item they may do sO now with a five-minute limit. Additional time cannot be Mr. Erik Spitzer, Director of Planning and Development Services reported that Mr. Ernesto Peres approached the department on March 21, 2024, requesting the replat of 1 acre out of3 36.726 acres of KT&I CO, Block 5 Lot PT 11, also known as 2700 Block of East Corral, Property ID 19868. The Planning and Zoning Commission met on May 15, 2024, with 5 members in attendance. Members deliberated over the request for approval of the replat and voted unanimously to approve. There were: 26 notice letters mailed to neighbors within There being no further discussion, Commissioner Lopez closed this public hearing at 5:04 2. Public Hearing on request for a special use permit for a Take 5 Oil Change store (auto sales, repairs use) in C2 (Retail District) at Erard Est #3, Lot 1,(Verizon), also known as 1401 E. General Cavazos Blvd., Kingsville. Texas. Gabby McGinnis, applicant; South Texas Stash, LLC,owner. (Property ID: #33088/Director of Planning Commissioner Lopez read and opened this public hearing at 5:04 p.m. Commissioner Lopez further announced that this is a public hearing. If anyone would like to speak on behalf of this item they may do sO now with a five-minute limit. Additional time cannot be Mr. Spitzer reported that Gabby McGinnis, applicant, approached the department on April 19th, 2024, requesting a Special Use Permit (SUP) for a new Take 5 Oil Change store to be located at 1401 General Cavazos Blvd, Kingsville, Texas 78363 where the old Verizon Cell Phone Store was located. The Planning and Zoning Commission meeting was held on May 15th, 2024, with 5 members in attendance. Members deliberated over the request for approval of a Special Use Permit (SUP) for a new Take 5 Oil Change store to be located at 1401 General Cavazos Blvd. 7 Notice Letters were sent out to neighbors within the 200 feet buffer and the city received no feedback. The Planning and Zoning Commission board members voted to approve the Special Use Permit for the property mentioned above. There being no further discussion, Commissioner Lopez closed this public hearing at 5:07 extended by the City Commission. the 200-foot buffer and the city received no feedback. p.m. and Development Services). extended by the City Commission. p.m. III. Reports from Commission & Staff.2 "At this time, the City Commission and Staff will report/update on all committee assignments which may include but is not limited to the following: Planning & Zoning Commission, Zoning Board of Adjustments, Historical Board, Housing Authority Board, Library Board, Health Board, Tourism, Chamber of Commerce, Coastal Bend Council of Governments, Conner Museum, Keep Kingsville Beautiful and Texas Municipal League. Staff reports include the following: Building & Development, Code. Enforcement, Proposed Development Report; Accounting & Finance - Financial Services- Information, Investment Report, Quarterly Budget Report, Monthly Financial Reports; Police & Fire Department - Grant Update, Police & Fire Reports; Street Updates; Public Works- miscellaneous park projects, Adminstralon-worshop Schedule, Interlocal. Agreements, Public Information, Hotel Occupancy Report, Quiet Zone, Proclamations, Health Plan Update, Tax Increment Zone Presentation, Main Street Downtown, Chapter 59 project, Financial Advisor, Water And Wastewater Rate Study Presentation. No formal action can Building Maintenance, Construction Updates; Park Services grant(s) update, be taken on these items at this time.' ." IV. Public Comment on Agenda Items.3 1. Comments on all agenda and non-agenda items. Page2 2of9-May: 28, 2024 Mr. Lance Hamm, 912 South Creek commented on traffic safety. He commented that he would like to see the speed limit on General Cavazos lowered. He further stated that TXDOT has done at traffics safety study for this location, which is almost complete. He stated that he was here to update the commission on this study and encouraged the commission to reach out to TxDOT and give them the city's input on what the speed limit should be for Public comment received via email from Jerry Simon, 1749 Paraiso Drive, Kingsville, TX: East Caesar Street city funding approval, any updates? End of comment. this road. V. Consent Agenda Notice to the Public The following items are of a routine or administrative nature. The Commission 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 Commission Member in which event the item or items will immediately be withdrawn fori individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM items will be adopted by one vote. PREVIOUS MEETINGS: (At this point the Commission will vote on all motions, resolutions, and ordinances Motion made by Commissioner Alvarez to approve the consent agenda as presented, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Alvarez, Hinojosa, Alarcon, Lopez, voting 1. Motion to approve final passage of an ordinance amending the Fiscal Year 2023- 2024 Budget to accept and expend the donation from the Occidental Petroleum Corporation for radio system upgrades. (for Kingsville Fire & Police Departments). 2. Motion to approve final passage of an ordinance amending the Fiscal Year 2023- 2024 Budget to appropriate additional funding for medical supplies for the Fire 3. Motion to approve final passage of an ordinance amending the Fiscal Year 2023- 2024 Budget to accept and expend grant proceeds from the Coastal Bend Bays & 4. Motion to approve final passage of an ordinance amending the FiscalYear 2023- 2024 Budget to appropriate funding for the purchase, painting, and delivery of 5 5. Motion to approve final passage of an ordinance amending the Fiscal Year 2023- 2024 Budget to appropriate additional funding for City Commission group health 6. Motion to approve final passage of an ordinance amending the Fiscal Year 2023- 2024 Budget to appropriate additional funding for various line items for the Facilities 7. Motion to approve final passage ofanordinance amending the Fiscal Year 2023- 2024 Budget to appropriate funding for new City Commission dais. (Purchasing not removed for individual consideration) "FOR". (Fire Chief). Department. (Fire Chief). Estuaries for a Parks outdoor classroom. (Parks Director). javelina statues. (Finance Director). insurance. (Finance Director). Division. (Purchasing Manager). Manager). Page 3 of9- May 28, 2024 8. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Land Use, Article 3, Subdivisions. Sections 15-3- 19,&45; to add clarifying regulation references to the Model Subdivision Rules. (City Engineer/City Attorney). REGULAR, AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: VI. Items for consideration by Commissioners." 9. Consider naming new shade structure at Thompson Park after Georgina Boone Mrs. Susan Ivy, Parks Director stated that staff is currently completing the construction of a new shade structure at Thompson Park. Staff has received a request from family and friends of Mrs. Georgia Boone Bell to dedicate and name this structure after Mrs. Bell. Staff received a petition of 150 to 200 signatures supporting the dedication and naming of the shaded structure. Mrs. Ivy further stated that ifthe Commission approves this request, there will be no financial impact on the Park Budget with the exception of the need for signage reflecting the name, which is estimated at $400.00. Mrs. Ivy went on to read some history Motion made by Commissioner Hinojosa to approve naming new shade structure at Thompson Park after Georgina Boone Bell, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Hinojosa, Alarcon, 10. Considerar replato of1acre out of 36.726 acres of KT&I Co, Blocks.LotPt.also known as the 2700 Block of East Corral, Kingsville, Texas. (Property ID #19868). Motion made by Commissioner Hinojosa to approve the replat of1 acre out of36.726 acres of KT&I Co, Block 5, Lot Pt11, also known as the 2700 Block of East Corral, Kingsville, Texas, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Alarcon, Alvarez, Hinojosa, Lopez voting "FOR". 11. Consider introduction of an ordinance amending the zoning ordinance granting aSpecial Use Permit to South Texas Stash, LLC for a Take 5 Oil Change Store in C2- Retail at Erard Est #3, Lot 1, (Verizon) (Property ID #33088), also known as 1401 E. General Cavazos Blvd., Kingsville. Texas. (Director of Planning and Development Bell. (Parks Director). on Mrs. Georgia Boone Bell. Alvarez, Lopez voting "FOR". (Director of Planning and Development Services). Services). Introduction item. 12. Consider a resolution authorizing the City Manager to execute the Construction Contract with PM Construction & Rehab, LLC for the GLO CDBG-MIT Contract No. 22-082-016-D218 Project 6: 10th Street Sanitary Sewer Improvements Project. (Bid Mr. Rudy Mora, City Engineer stated that on May 13, 2024, the city commission awarded the contract for this project. Staff is now requesting the construction contract with the Motion made by Commissioner Alvarez to approve the resolution authorizing the City Manager to execute the Construction Contract with PM Construction & Rehab, LLC for the GLO CDBG-MIT Contract No. 22-082-016-D218 Project 6: 10th Street Sanitary Sewer Improvements Project. (Bid #24-04 awarded 5/13/24), seconded by Commissioner Hinojosa. The motion was passed and approved by the following #24-04 awarded 5/13/24). (City Engineer). vendor to be awarded in the amount of $836,495.00. vote: Alvarez, Hinojosa, Alarcon, Lopez voting "FOR". Page 4of9-May: 28,2 2024 13. Consider a resolution authorizing participation in Bulletproof Vest Partnership Program Grant FY2024 with the Office of the Governor, Criminal Justice Division, Justices Assistance Grant (JAG) for bulletproof vests for the Kingsville Police Department; authorizing the Chief of Police to act on the City's behalf with such Mr. John Blair, Police Chief stated that the Police Department requests the city commission to consider a resolution allowing the Police Department to apply for the Patrick Leahy Bulletproof Vest Partnership Grant (BVP). The Kingsville Police Department currently equips our officers with Level IIIA body armor, which includes a 5x8 soft trauma plate and is available in either an interior carrier or an exterior uniform carrier. This protective geari is essential for the safety of our officers as they carry out their duties. This request is necessitated by staff turnover and the need to replace vests that are approaching their expiration dates. The plan is to apply for the FY: 2024 BVP Grant to purchase 12 new units of body armor. Jurisdiction seeking reimbursement for body armor purchases under the BVP Grant must adhere to the uniquely fitted vest requirement. The Patrick Leahy BVP Grant defines uniquely fitted vests as protective armor, whether ballistic or stab-resistant that conforms to the individual wearer to provide the best possible fit and coverage. This is achieved through correctly sized panels and carriers, determined through appropriate measurements, and properly adjusted straps, harnesses, fasteners, flaps, or other adjustable features. These requirements are in place to support the Office of Justice Programs' mission to enhance officer safety. Ensuring that each officer's vest fits properly not only improve comfort and motility but also maximizes the protective capabilities of the armor. Additionally, the 2024 application process for this grant includes a new certification section. This section mandates that jurisdictions and law enforcement agencies acknowledge their awareness of and compliance with the uniquely fitted vest requirement. Compliance includes having a written policy regarding departmental body armor. The Kingsville Police Department must ensure. it adheres to this policy to qualify for funding Motion made by Commissioner Hinojosa to approve the resolution authorizing participation in Bulletproof Vest Partnership Program Grant FY2024 with the Office of the Governor, Criminal Justice Division, Justices Assistance Grant (JAG) for bulletproof vests for the Kingsville Police Department; authorizing the Chief of Police to act on the City's behalf with such program, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Hinojosa, 14. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate additional funding for Tyler Utility Billing Software increases. Mrs. Deborah Balli, Finance Director stated that the FY: 23-24 budget appropriated funding for Utility Billing Software increases, but the amount oft the increase was not enough for the Utility Fund to cover as part of this software was budgeted in General Fund and should Commissioner Alarcon asked why this was not budgeted earlier as it was supposed to be. Mrs. Balli responded that the IT budget sits ini the General Fund and it was a cost that IT program. (Police Chief). under the BVP Grant. Alarcon, Alvarez, Lopez voting FOR". (Finance Director). have been budgeted fully in the Utility Fund. was paying for but it needs to bei in the fund that it actually belongs to. Introduction item. 15. Consider accepting donation from the Brookshire Foundation for Parks & Recreation pool equipment and recreational programs. (Parks Director). Page 5of9-May2 28, 2024 Mrs. Ivy stated that this item allows the acceptance of a donation from the Brookshire Foundation for the Parks & Recreation Department for pool equipment and recreational programs. This donation is committed as follows: $15,000 for shaded lifeguard chairs, $15,000 for recreation programs; and $7,000 for new lane lines for competitive and lap Motion made by Commissioner Alarcon to accept the donation from the Brookshire Foundation for Parks & Recreation pool equipment and recreational programs, seconded by Commissioner Alvarez. The motion was passed and approved by the 16. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to accept and expend donation from the Brookshire Foundation for pool equipment and recreation programs for the Parks Department. (Parks Director). 17. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for the Golf Course Hydroseeding Project. (Parks Mrs. Ivy stated that this item is for the approval of a budget amendment in the amount of $21,018.03 to match a commitment of $24,230 from the County to pay a $48,4640 Hydroseeding quote of the L.E. Ramey Golf Course. She further stated that in order to do this, $3,301.97 will have to be transferred into the 026 account as follows: $1,500 to 001- 5-4502-21100; $1,000 to 001-5-4502-21179; and $802.00 to 001-5-4502-21400. This project will Hydroseed fairways 2, 3, 4, and 6 and spot treat 9, 10, 11, 12, 14, 15, and 18. This area will be roped off to restrict patrons from driving over them for some time. swim at Brookshire Pool. following vote: Alarcon, Alvarez, Hinojosa, Lopez voting "FOR". Introduction item. Director). Introduction item. 18. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for emergency repair to Police Department AC unit. Mr. Sosa stated that this item authorizes the approval of al budget amendment for $19,358 to replace a 10-ton HVAC System for the Police Department. The existing unit is the last (Purchasing Manager). of the original units ini the building. Introduction item. (Purchasing Manager). 19. Consider reallocation of ARP funds for Chamberlain Park bathroom roof. Mr. Sosa stated that this item is for approval to relocate ARP Funds for the Chamberlain Park restroom roof. Funds will be used to purchase materials and labor to construct the new roof. Mr. Sosa further stated that the staff is requesting ARP Fund budget amendment Commissioner Alvarez asked if there is a deadline for these ARP Funds to be spent. Ms. Alvarez responded that ARP Funds need to be designated to projects by the end of the Commissioner Hinojosa commented that he would like to see a report showing how ARP Ms. Alvarez commented that any funds spent from ARP have come to the Commission for int the amount of $10,392.46 from several fund accounts. year. Funds have been spent from the very beginning. approval. Page 6of9-May: 28, 2024 Commissioner Hinojosa stated that he understands this but would still like an accounting Motion made by Commissioner Hinojosa to approve the reallocation of ARP Funds for Chamberlain Park bathroom roof, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Alvarez, Hinojosa, Alarcon, 20. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for the Chamberlain Park bathroom roof. (Purchasing report as to where the funds have been spent. Lopez voting "FOR". Manager). Introduction item. Director). 21. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for Street Department vehicle repairs. (Public Works Mr. Donnell stated that this item authorizes additional funding in the Street Division for Vehicle & Equipment Maintenance. The average monthly operational maintenance cost for the Street Division equipment before any repairs averages $2,000 per month. These repairs along with many other minor repairs have the current account balance at negative $26,149. Iti is requested that additional funds ini the amount of $50,000 to cover the negative balance and for repairs through the remaining fiscal year. This will reduce the General Fund's unappropriated reserves balance by $50,000 and increase the Vehicle/Equpment Maintenance line account by $50,000. Introduction item. 22. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for waterline repairs. (Public Works Director). Mr. Donnell stated that this item authorizes additional funding in the Water Construction Division for materials to repair water main breaks. Staff has repaired 92 more waterline breaks than last year for a total of 206 main break repairs through March. Material prices associated with waterline repairs have also increased. The increase in the number of main breaks and increased cost of materials has depleted the waterline funds to a negative $10,932. Currently spent for parts to repair waterline main breaks is $230,639, sand/limestone is $16,347, sidewaldrvewaycurp is $22,008 and meter valves is $9,472. Additional funds are being requested in the amount of $156,000 to cover the negative * balance and for repairs through the remaining fiscal year. Introduction item. (Tourism Director). 23. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to appropriate funding for Shift 4 credit card processing fees for Tourism. Mrs. Alicia Tijerina, Downtown Manager stated that in August 2023, Tourism and other City Departments received a new Point of Sale and Inventory System from Shift 4. Tourism did not negotiate the contract nor have any dialogue with the vendor in reference to billing on the devices issued. As those costs started accruing and reaching levels equal to revenue produced from merchandise processed on those devices. Tourism and Finance held meetings to address this issue. The highest cost associated with Shift 4 is an Inactivity Fee for months in which our department does not charge the mandatory minimum level of credit cards to avoid said fees. Tourism has not had one device cancelled to reduce this expense, but, since this was not brought into the budgeting process for FY 23-24, this line item is now facing a shortfall. In years past, credit card fees annual activity was as follows: FY 2019-202 $109.13. This year, the total activity to date is $1,776.93 with an estimated additional cost for the remainder of the year of $1,111.05 plus an additional cancellation Page7of9-May: 28,2024 fee of $109.98. Mrs. Tijerina further stated that al budget amendment is being requested to cover these costs and will continue to seek solutions to bring the cost oft this system down to avoid future excessive expenditure on this line item. The financial impact is a total request of $3,000 which includes the accrued cost of $1,776.93 and the anticipated future Commissioner Hinojosa asked why the Tourism Department did not negotiate a contract. Mrs. Tijerina responded that they were told that they would be receiving a new point of sale system which was brought into their office and placed in last year. She further stated that in April they noticed it on the account where the funds were being taken from, therefore Ms. Alvarez stated that it is her understanding that the Finance and IT Department were to secure a point-of-sale system that also did inventory and got into the contract with Shift 4 Commissioner Hinojosa commented that he noticed that this is coming from the fund Mrs. Tijerina responded that the ARP Funds have already been designated for other items. Commissioner Hinojosa commented that it can always be adjusted. He further stated that for the final passage of this item, he is requesting that staff place this agenda item under the regular section of the agenda and not under the consent agenda. This will allow them Ms. Alvarez commented that she understands Commissioner Hinojosa is request, but this Commissioner Hinojosa stated that he is asking if these funds can be taken from ARP Commissioner Lopez asked if some of the ARP Funds were already earmarked. Mrs. Commissioner Hinojosa commented that this didn't matter if the funds have been earmarked, as the funds haven't been spent. An adjustment can always be done, if the Ms. Alvarez commented that this is true, but what Mrs. Tijerina is trying to say is that the funds that Tourism has in ARP have already been earmarked for projects that they cost of $1,111.05 plus the cancellation fee of $109.98. that is when staff noticed they were being charged. which is also for other city departments as well. balance and asked if this is something that can come from ARP Funds. too decide if this is something that can be paid for through. ARP Funds. is7 Tourism's fund balance where the $3,000 would be coming from. Funds. Tijerina responded yes. Commission approves. anticipate having that will be spent before the end oft the calendar year. Commissioner Hinojosa commented that the funds have not been spent. Ms. Alvarez responded that this is correct, which is why Finance, Tourism, and the City Commissioner Hinojosa requested that this item be placed in the regular agenda for the Manager chose this funding source. upcoming meeting in June. Introduction item. Page 80 of9-May2 28, 2024 24. Consider authorization to use UF ARP funds for repair of an old 18-inch water Mr. Donnell stated that this item authorizes the reallocation of Utility ARP Fund 025 and a budget amendment for 18" water line repairs. This is an existing 18" reinforced concrete cylinder pipe waterline that spans from the East Elected Water Tank to the West Elevated Water Tank located under Huisache Street from 1st to 7th Streets and the alley between Lott & Huisache from 7th to 13th Street. A new 18" PVC line was installed in 2015-2016 to replace the existing waterline. Funding was only available to install the new line, not to Motion made by Commissioner Alvarez to authorize the use of UF ARP Funds for repair of an old 18-inch water line, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Alvarez, Lopez 25. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to reallocate UF ARP funding for water line repairs. (18-inch water line line. (Public Works Director). disconnect the old one or connect laterals. voting FOR". repairs). (Public Works Director). Introduction item. 26. Consider authorizing purchase of sole source Hydra-Stop Machine and valves, Mr. Sosa stated that this item authorizes the purchase of a new Hydra-Stop Machine and valves and professional services for the Water Department for a total of $350,000.00. Recently the city experienced an 18" water main break. The existing 18" water main is an RCCP manufactured in the late 191, which is believed to have been installed in the 1930's. This is a large high-pressure line which makes it difficult to repair given its age. The Hydra- Stop Machine will bei instrumental ini isolating the lateral lines connected to the existing 18" main to eliminate the old line from service. It will be beneficial in future isolation valve situations needed throughout the city. Hydra-Stop Solutions is the sole source company offering equipment that is not available through any other manufacturer. Motion made by Commissioner Hinojosa to authorize the purchase of sole source Hydra-Stop Machine and valves, as per staff recommendation, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: as per staff recommendation. (Purchasing Manager). Alarcon, Alvarez, Hinojosa, Lopez voting' "FOR". VI. Adjournment. There being no further business to come before the City Commission, the meeting was adjourned at 5:53 P.M. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary Page 90 of9-N May2 28,2 2024 PUBLIC HEARING(S) PUBLIC HEARING #1 PUBLIC HEARING NOTICE NOTICE OF PUBLIC HEARING OF THE CITY COMMISSION OF THE CITY OF KINGSVILLE, TEXAS TO CONSIDER THE ADVISABILITY OF THE CREATION OF REINVESTMENT ZONE NUMBER TWO, CITY OF KINGSVILLE, TEXAS FOR TAX INCREMENT FINANCING PURPOSES PURSUANT TO CHAPTER 311, TEXAS TAX NOTICE IS HEREBY GIVEN THAT the City Commission oft the City of] Kingsville, Texas (the "City"), pursuant to Chapter 311.003 Texas Tax Code, as amended, (the "Act"), will hold aj public hearing at 5:00 p.m. on Monday, June 10, 2024, at City Hall, 400 W. King Avenue, Kingsville, Texas 78363, for thej purpose ofconsidering the creation ofReinvestment. Zone Number Two, City All persons are invited to attend the hearing and speak for or against the creation of Tax Increment Reinvestment Zone Number Two, City of] Kingsville, Texas, the proposed boundaries, ort the concept oftax increment financing. Written or oral statements will be considered. The proposed boundaries are contiguous and consist of approximately 39 acres generally located east ofN. Armstrong Street, generally south ofW. Corral Avenue, and generally north ofl King Avenue. A more detailed legal description and boundary map ofthe proposed Reinvestment Zone Number Two, City of] Kingsville, Texas, are on file and open for public inspection in the office oft the City Secretary at City Hall, 400 W. King Avenue, Kingsville, Texas 78363. Questions or requests for additional information may be directed to Natalie Moore, David Pettit CODE ofKingsville, Texas, located within the boundaries oft the City. Economic Development, LLC, moore@dpedllc.com; 817-439-9515. 8T THEK KINGSVILLE! RECORD PUBLICN NOTICES CLASSIFIEDS PUBLICN NOTICES N PUBLICNOTICES MAY3 30, 2024 PUBLICN NOTICES KlebergCourty PO.Boz752 Kingvile, Phone/361)595-6585 Fm:(361)592-0838 PUBLICN NOTICES PURLICHEARINGNOTICE PUBLICNOTICES RUDYN MADRID Countyjudge NOTICEOFI PUBLICHEARINGOFT THECITY COMMISSION OFT THEC CITYOF KINGSVILLE, TEXAST TOC CONSIDER1 THEA ADVISABILITY OF1 THEG CREATION OFR REINVESTMENT: ZONE NUMBER1 TWO, CITY OFE KINGSVILLE, TEXAS FOR TAXI INCREMENTI FINANCINGE PURPOSESI PURSUANT TO CHAPTER3 311, NOTICEISE GIVENT THAT the City Commissionc aftheCliyofKingavlle. Texas City"), pursuantto toChapter3 311.0037 Texas Tax Code,a asamended, (the Act"), hold public hearingats.00p.m. on! Monday.) Junel 10,2 2024, atCity! Hall, 400W W.1 KingA Avenue, Kingsville, Texas? 78363, fort thep purposeo ofconsideringt thecre- ationo Reinvestment: Zone! Number Two, Cityo ofKingsville, Texas, located within the Allpersonsa arei invitedtoa attend thehearinga andspeakf foro oragainstthec creationo ofTax Increment Reinvestment2 ZoneN Number Two, Cityo ofKingsville, Texas, theproposed boundaries, orthec concepto oftaxir incrementf financing. Writteno ord orals statementsy will bec considered. Thep proposedb boundariesa arec contiguousa andc consisto ofa fapproximately 39acresg generally! locatede easto ofN.A Armstrongs Street, generallys south ofw.C CorralA Ave- nue, andg generally: north ofKing Avenue. Ar mored detailedl legal descriptiona andb bound- arymapoft theproposed Reinvestment Zone NumberT Two, Cityo of! Kingsville, Texas,a are onf filea ando openf forp publici inspectioni inthed office oft the Citys Secretarya atCity) Hall, 400 W.F KingA Avenue, Kingsville, Texas? 78363. 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ANR TEXAST CODE COUNTY EIOSVILIE,TEZAS fKLEBERG oftheCity. mmoor@dpedliccom: 817-439-9515. Fillo out thet form Name_ Adress: SubseriptionRales: |nsidek KlebergCoumty) MailDelivery (oatsidek KlebegCoumy) OmlineONLY visit below orv us online at Phone: chase. quote. I'snotjust Texas Press Statewide Classified Network 200 Participating Texas Newspapers Regional Ads Start/ Ats $250. Email ads@texaspress. com www.kingsvllerecord.comisubseribe MaDaliaybalaais-e) 6mon.h:$28.00 lyersso0o 6manth:$5L.00 lyerss7.09 lyear$47.00 SHOP The Classifieds !-Mililury! Discounts:. 6months$22.00 lyer$42.00 OnlineONLY. Mailt this forma along withy your paymentt to Thel Kingsville Record, P.O. Box 951, Kingsville, TX7 78364 Callour Circulation! Dept. at(361)3 345-1333topayw witha acreditcard, orstopbyouro officeat231 EastK Kebergbsignuploday. KNOSVILLE RECORD & 9 5 0 o DAVID PETTIT Economic Development N # e C J M n D S - @ - @ C C % € E S A @ S 8 Z S C I 5 C € X DAVID PETTIT Economic Development E I U E D - a = 5 % B 2 S @ 8 @ : E 8 E S 1 E S @ R 8 t aU @ E is E E & 1 : a a E € E S e 5 C ) ) U - @ @ ) C S a - f b0 - 1 3 - 9 o 8 @ 8 6 y 0 @ E D 0 @ a e e - - f> ) N C @ € 8 a 9 0 8 8 I M @ > 1 3 DAVID PETTIT Economic Development C @ E 0 O e 0 J 00 @ DD 5 1 E C @ b0 5 0 E de @ 6 o D ($) anjeA Kedoud ajgexe DAVID PETTIT Economic Development 5 E t 5 a e U E C 1 C aU O 8 a - C 0 e e o a C - aU S - @ 8 9 1) e U 3 8 3 e - 0 b0 C E @ e 8 - / 8 B I E E 8 0 D0 4 E bo 3 B 8 0 5 C B DAVID PETTIT Economic Development b0 E a e 3 a S a @ - C E I L 0 C D C . S 0 00 C U 00 - B 5 8 8 > o I e e 8 I - de e t @ - 0 D e a 1 DAVID PETTIT Economic Development TN 156N 6 1S48N SENS SZN, HL SHEN: ISEN SPEN ESPUZN. IV puz. 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DAVID PETTIT Economic Development C 00 D B 3 M e - @ D 8 0 a e e 6 € a 3 45 9 3 # $ a a : e L E do € C C E O O I 8 e I E E aU 1 9 J 8 I I 3 S @ + DAVID PETTIT Economic Development @ C 5 E @ 9 J 3 S @ C S - 0 5 Q J - aU DE O - / O 8 A b0 I S J @ 0 0 2 C a 00 € U 2 tn e 00 K D - M @ a 9 3 8 aU - S DAVID PETTIT Economic Development - CONSENT AGENDA AGENDA ITEM #1 eion tem-ur Planning and Development Services 410 WI King Kingsville, TX 78363 PH:361-595-8093 NBSe MEMO Date: To: From: Subject: May 16th, 2024 Mark McLaughlin (City Manager) Erik Spitzer (Director of Planning and Development Services) Gabby McGinnis, applicant; South Texas Stash, LLC, owner; requesting a Special Use Permit for a Take: 5 Oil Change Store to be located atl ERARD EST #3, LOT1, (VERIZON), in C2 (Retail), also known as 1401 General Cavazos BLVD, Kingsville, TX 78363 (Property ID 33088) Gabby McGinnis, applicant, approached the department on April 19th, 2024, requesting a Special Use. Permit (SUP) for a new Take 5 Oil Change store tol be located at 1401 General Cavazos Blvd, Kingsville, Texas 78363 The Planning and Zoning Commission meeting was held on May 15th, 2024, with 5 members in attendance. Members deliberated over the request for approval ofa Special Use Permit (SUP) for ai new. Take 5 Oil Change store to bel located at 1401 General Cavazos Blvd. 7Notice. Letters were: sent out to neighbors within the 200 The Planning and Zoning Commission board members voted to approve the Special Use Permit for the property mentioned above. A: recorded vote of all members present was taken and board members Rev. Idotha Battle, Debbie Tiffee, Mike Klepac, Larry Garcia and the Chairman, Steve. Zamora, all voted "YES." where the old Verizon Cell Phone Store was located. feet buffer and the city received no feedback. The meeting was adjourned by 6:15 p.m. The department continues to recommend approval. Erik Spitzer Director ofPlanning and Development Services Planning andl Development Services 4101 W] King Kingsville, TX 78363 PH: 361-595-8093 CITY a S Kingvile MEMO Date: To: From: Subject: May 1$,2024 Mark McLaughlin (City Manager) Erik Spitzer (Director of Planning and Development Services) Gabby McGinnis, applicant; South Texas Stash, LLC, owner; requesting a Special Use Permit for a' Take 5 Oil Change Store to bel located at ERARD: EST #3,1 LOT1, (VERIZON), in C2 (Retail), also known as 1401 General Cavazos BLVD, Kingsville, TX 78363 (Property ID 33088) Gabby McGinnis, applicant, approached the department. on April 19th, 2024, requesting a Special Use Permit (SUP) for anew' Take 5 Oil Change store tol bel located at 1401 General Cavazos Blvd, Kingsville, Texas 78363 where the old Verizon Cell Phone Store was located. The department has reviewed the application andi is recommending approval. Erik Spitzer Director ofl Planning and Development Services 22. DocuSign Envelope ID: 2814BE89306D4782A280.997256278388 )F KINGSVILLE PLANNING AND ZONING DIVISION MASTER. APPLICATION KRE email: alearol-m/mene (361)595-8055 PROPERTY INFORMATION: (Please PRINTOrTYPE) Project Address. 1401,GENERAL CAVAZOSBLVD (Proposed) Subdivision Name ERNARDE ESTATES UNIT3 Legal Description, A0.647A ACRE1 TRACTE BEING ALLO OFE ERNARDE ESTATES UNIT3 Existing Zoning Designation C2,RETAILD DISTRICT OWNER/APPLICANT INFORMATION: (Please PRINT or TYPE) Applicant/Authorized. Agent. GABBYN MCGINNIS Email Address (for projettcorrespondence: only): gahby@allargpp.com Mailing Address 10109L LOETTARDS SUITE1 103 Property Owner. SOUTHTEASSTASALIC Mailing Address 2108 SHORELINE CIR 6. Nearest Intersection! HWY7781356 Lot Block_ Future Land Use Plan Designation, AUTOSALES/REPAIRS Phone 713-534-3490 State. TX FAX_ State. TX CityHOUSTON Phone. 325-864-9775 City. ABILINE Zip 77070 Email Address (for project correspondence only):. bhasibum@ltnlyrikacom Zip 79602-6227 Select appropriate process for which approval is sought. Attach completed checklists with" this application. Annexation Request. Administrative. Appeal (ZBA). Comp. Plan Amendment Request. Re-zoning Request V SUP Request/Renewal, Zoning Variance Request (ZBA). PUD Request. No Fee $250.00 $250.00 $250 $250 $250 $250 Preliminary Plat Final Plat_ Minor Plat Re-plat Vacating Plat Development Plat Subdivision Variance Request. Fee' Varies Fee Varies $100.00 $250.00 $50.00 $100.00 $25.00ea Please provide a basic description oft the proposed project: They proposed, use ofthen newb buildingi Is a quicks service oil change facility based,o on a protolypical desgn.-Theoperational. times for thef facility are typically7AM 107PMN Mondayt througn Sunday,and there aretypically no more thant four employees atthet highest shifThes siteis 0,64 acresand thej proposedacility! is.tobe 1,682square.f feetThe propertvyisinthe/C2 Retail District.The majorityoft thes site.willb be hard surfaced. with concrete! ora asphalta andhas ai flat topography, witha acurrentstricture ons site. Theo current structure isplannedt tobe demolished. Altar Groupa andTake Srespectulyrequesf: consideration, and recommendations, oft the attached SUP (Special Use Permit) submittal. Ihereby certify that lam the owner and /or duly authorized agent of the owner for the purposes oft this application. Ifurther certify thatlhave read and examined this application and know the same. to be true and correct. Ifany oft thei information provided ont this applicationi is incorrect the permit or Thersite isi inZone) Xsot there are nof flood, concems. approval may be revoked. Applicant's Signature_ Accepted by: GABBYN MCGINNIS Date: 4/18/2024 Date/4/19/2024 Date: Property Owner's Signature_ Badi 0.6 Bhohhn This form available on our website: htps/Pww.atyotangvle-com/cepartmentpemanganedevaelopment-senices, Last revised 16 Apr 2024 23. ALTAR GROUP April 18,2024 Take! 51 Kingsville, TX- Narrative City of Kingsville, TX Take 5/Driven Brands and Altar Group wouldI liket tor rèquest a special use permit review ofar new" Take! 5 Oil Change facility development located at 1401 EC General Cavazos Blvd Kingsville, TX 78363. The proposed use oft ther new buildingi is a quicks service oil change facility basedo on: aj prototypical design. The operational times fort thet facility aret typically7A AM to7PMN Monday through! Sunday, andi there are typically no more thant foure employees att thel highest shift.. Thes site is 0.64 acres, andt thep proposed facilityi is tol be: 1,682 square feet. The property isi in the C2, Retail District. Ther majority of thes site will be hards surfaced with concrete or asphalt and has af flatt topography witha a current structure on site. The current structure isp planned tol be demolished. The: sitel isi inz Zone) X, sot thère are not flood concerns. Altar Group and Take! 51 respectfully request consideration and recommendations ofthe attached: SUP (Special User Permit): submittal. Sincerely, BApE John D. Linton, AIA TaksOil-Kingaville, TX Pagel lofl Altar Group Houston, Texas 77070 P.713:248-7752 24. 4/22/24,8 8:56AM Kleberg CAD Kleberg CAD- Property Details Property Search > 33088 SOUTH TX STASH LLC for Year 2024 Tax Year: 2024- -Values nota available Property Account Property ID: Geographic ID: Type: Property Use Code: Property Use Description: Location Address: Neighborhood: Neighborhood CD: Owner Name: Mailing Address: Values 33088 124300001000192 Real Legal Description: ERARD EST! #3, LOT1,(VERIZON) Zoning: Agent Code: 40IEGENERALCAVAZOS Mapsco: TX Map ID: Owner ID: Exemptions: B2 66971 SOUTHTXSTASHLLC 2108 SHORELINE CIR ABILENE, TX79602-6227 % Ownership: 100.000000000096 (+) Improvement Homesite Value: (+) Improvement Non-Homesite Value: + (+) Land Homesite Value: (+) Land Non-Homesite Value: (+) Agricultural Market' Valuation: (+) Timber Market' Valuation: (-) Market Value: (-) Ag or Timber Use Value Reduction: (=) Appraised Value: (-) HS Cap: (=) Assessed Value: Taxing Jurisdiction Owner: % Ownership: 100.000000000096 Total Value: N/A Entity Description CKI CITY OFI KINGSVILLE + + + + + N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Ag/Timber Use Value N/A N/A SOUTHTXSTASH LLC Tax Rate Appraised Value Taxable Value Estimated' Tax N/A N/A CAD KLEBERG COUNTY APPRAISAL DISTRICT N/A N/A N/A N/A N/A 1/2 25. N/A htpa/popacces.rueauomaioncomdlemsnabPoperyappop.e-33088cld-24 4/22/24, 8:56A AM Kleberg CAD-F Property Details GKL KLEBERG COUNTY SKI KINGSVILLE L.S.D. IWST SOUTH TEXAS WATER. AUTHORITY Total" Tax Rate: N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Taxes w/Current Exemptions: Taxes w/o Exemptions: Improvement / Building Type Description MA MAIN AREA PO PATIO (SPECIAL PRICE) CON CONCRETE: SLAB COMMERCIAL * CN1 CANOPY BASIC (20%) CN1 CANOPY BASIC (20%) Improvement #1: COMMERCIAL State Code: F1 Living Area: 1748.0sqft Value: N/A! Class Exterior Year CD Wall Built SQFT RS2G SP 2006 1748.0 2006 300.0 2006 13830.0 2006 68.0 2006 68.0 Land #Type Description Acres Sqft Eff Front Eff Depth Market Value Prod. Value 1 F1 F1 Roll Value History 2024 2023 2022. 2021 2020 2019 2018 2017 2016 2015 2014 2013. 2012 2011 2010 0.6430 28009.00 0.00 0.00 N/A N/A Year Improvements Land Market Ag Valuation Appraised I HS Cap Assessed N/A N/A $161,220 $168,850 $167,600 $168,690 $173,510 $157,260 $134,800 $134,800 $134,800 $134,800 $134,800 $134,800 $166,840 N/A N/A $280,090 $280,090 $280,090 $280,090 $280,090 $280,090 $280,090 $280,090 $280,090 $280,090 $280,090 $280,090 $280,090 N/A N/A 0 441,310 0 448,940 0 447,690 0 448,780 0 453,600 0 437,350 0 414,890 0 414,890 0 414,890 0 414,890 0 414,890 0 414,890 0 446,930 N/A N/A N/A N/A N/A N/A $0 $441,310 $0 $448,940 $0 $447,690 $0 $448,780 $0 $453,600 $0 $437,350 $0 $414,890 $0 $414,890 $0 $414,890 $0 $414,890 $0 $414,890 $0 $414,890 $0 $446,930 Questions Please Call (361) 595-5775 Database last updated on:4 4/21/20248:17PM This year is not certified, and. ALL values will be represented with "N/A". Website version:: 1.2.2.33 ON. Harris Computer Corporation BppelpascasihesominoMidwaPanapARp.esONdsAN 2/2 LZ £9E8L XI 3TTASONIX GA78 SOZVAVO "N39 3 1041 AVB £ 3dA101Oud 39NVHO 7I0 S 3XVI Bsi: I.. ERBERE h 000 ssllsse siislefls #s i: BB: si 3333s #El! :5 sh 3351 # iitisi siet? a s S Bisi 33638 selliis Esvairt es8 Esells s dett '82 333411133 € - L X 200ft Buffer at 1401 E General Cavazos Blvd 4002005 30319 30952 EGomerlCsyrosEva 33088 17360 A s 96130 4003193 4003191 46276 Legend 1401 EG General Cavazos 200ftE Buffer Streets Ownership. 50 100 CITYOPKINGSVILLE ENGINEERING DEPARTMENT 400WKing Ave; Kingsville, TX78363 Office: (361). 595-8007 Fax: (361) 595-8064 200 Feet Souce: Es, Mawer, Ealnuh s Cyi Kingsyille DISCLAIMER: THE! INFORMATIONT ONT THISS SHEET MAY CONTAINI INACCURACIES! ORE ERRORS. THEC CITY OF! KINGSVILLEISH INFORMATION NOT IFTHE CONTAINED HEREINT USED ORANY OTHERE PURPOSE. Drawn By: G.AMAYA THIS MAPISFORV VISUALF PURPOSESONLY Note: Ownershipis!: labeled DESIGN, CONSTRUCTION, 1S1 PLANNING, FORANY BUILDING, LastUpdate: 4/22/2024 withit its Prop! ID. 29. AGAP Kingsvillel LLC %Andover! Properties LLC 150E5 52NDS ST3 32NDE FL New York, NY1 10022 #30319 Christus Spohn Hospital Kleberg %1 Prop! Tax Appeal & Service Co 792 WI FMI 1961 Yorktown, TX7 78164 #16111 Paull M West 4891 NO County Road 1050 Kingsville,' TX 78363 #10621 City OfKingsville Attn: Planning Department POI Box 1458 Kingsville, TX 78364 #4003192 Paull M West 4891 N County) Road 1050 Kingsville, TX7 78363 #4003191 FCPTHoldings LLC ATTN: Redwood HWY: STE1150 591) Redwood] HWYS STE1 1150 Mill Valley, CA94941 #4003193 Whataburger) INC ATTN: Real Estate) Dept, POI Box 13752 Philadelphia, PAI 19101 #17360 30. 4122IZ4, 3:49 PM Sec. 1.-L Land use chart. Kingsvine, Ixvode or uranances E-laduse Artekelle - Zunug Appendix A -Land U5e Chapkr The following chart shall set out the land uses within the city: P= Permitted S= Special use X= Special review required Cegpries permit required =I Not permitted (absence of any symbol) [Land Use Chart on the following pages] Land Use Chart Land Use Description Dwelling, one-family det. Dwelling, one-family att. Dwelling, two-family Dwelling, multi-family Tiny Homes R1 R2 R2A R3 R4 MH C1 C2 C3 C4 11 12 Ag P P P P P P P P P P P P P P S P S P P P P P P P P P P P P Dwelling, above business Work/live units P P S P P S P P Boarding or rooming house Hotel or motel Dormitory P P P P Fraternity, sorority aboutblank 1/14 4ILLIL4, 3:49 FM niysvite, IAV cuue uI Temporary carnival (14 days 200 ft. setback from residential property) Provisioning and recreational sporting goods sales including boats and S P P S P P vehicles Shooting galleries and pistol [ranges] (indoor) Souvenir, curio S P P S P Automobile Related Uses Car wash P S P P P S P P P Auto sales, repairs including motorcycles Auto paint and body shop Drag strip, race track Gasoline service station Gasoline sales Commercial parking structure auto only Truck storage S P P P S S P - P P P S P P P P S P P P S S P P P S P P P P Used auto parts, sales, indoors aboutblank 6/14 PUBLIC HEARING NOTICE The Planning & Zoning Commission oft the City of] Kingsville will hold a Public Hearing Wednesday, May 15,2024, at 6:00 p.m. wherein the Commission will discuss and/or take action on the following items and at which time all interested persons will be heard: Gabby McGinnis, applicant; South Texas Stash, LLC, owner; requesting a Special Use Permit for a Take 5 Oil Change in C2 (Retail) at ERARD EST #3, LOT 1, (VERIZON) also known as 1401 General Cavazos BLVD, Kingsville, TX The meeting will bel held at City Hall, 400 West King, Kingsville TXi in the Helen Kleberg Groves Community Room. Ifyoul have any questions about the items on1 the agenda, please The City Commission oft the City ofl Kingsville will hold a Public Hearing Tuesday, May 28, 2024, at 5:00 p.m. wherein the City Commission will discuss the consideration oft the Gabby McGinnis, applicant; South Texas Stash, LLC, owner; requesting a Special Use Permit for: a Take 5 Oil Change in C2 (Retail) at ERARD EST #3, LOT1, (VERIZON) also known as 1401 General Cavazos BLVD, Kingsville, TX The meeting will be held at City Hall, 400 West King, Kingsville, Texas in the Helen Kleberg Groves Community Room. If you have any questions about the items on the contact the Planning Department at (361)595-8055. PUBLIC: HEARING NOTICE following item and at which time all interested persons will be heard: agenda, please contact the City Secretary at (361)595-8002. IEWS MAr2,2024 THEKINSSVILEF RECORD9 KISDS speecht therzpistsa ands specch pathalogistsw werer recopnizedattheA April! 16schoalboard HMKHSIR meeting. Pictured, fromk lef, ares School! Board! President Brhan Couhl, Tina Gamez, speech and pathologist; Debbie Garzi, speech therapist: Kimberly Coranada, speech therpist Razann Wathingtan, D.C.: Benitez, speech patholagls, SuperintendentD:. CisyR Reynalds-F Perezandlauraz Zimmerman, fromlelt, ashHepA4,oTCak., ership Competition) 21-25athe Catholiet Unlveisityo ofAmericain magphadat-aApdaal boardn meeting Pictured, CLTC2 ZacharyHemiliton, CPFCBnydon Directoro ofSpech! Educationa ands 504.A Notp picturedh Corie) Mosqueda; spech! patholagist. Milon, CPFCAjunAakrmonl ROTCSmirlnstruder) ITC/ames Toia.ROTCAssitan! KISD School Board hears award recognitions, future events, approve trip ByGlorlaB Bigger-Centu Casualty and Alliance of Teacher Appreciation Week senttot the TerasE Education viewed the future events. A "United We Stand" wilb be dentDistrictB BoardofTrust- Dr. Analira) Farah, Execu- structional materials int the pa;David R. Garcia, Joseph pm. on May7. The Coran- clude Dr. Reynolds-Perez, awaris, approved an autof Education readi information K-12 and CTE-Career Delma Salinas unanimously namededicationw willbeheld instructional materials I5t, "H.M. King! Highs Schoo! Scence. Also approved was tionls recommendations on Hinnudieatenihsewe sorships proceeds beneh: TEKS certficationtobesent Board approval to travel (Teus Essentil Knowledge KISD Superintendent Dr. Anothern mafor event will The KISD. Edocation Foun- tOTEA.A Announcementsfor toparticipate in the) Junior ofskills) Certificatlont tobe Cisy Reynolds-Perez Ie- beThe-State ofthel District, dations sponsorst thisevent. (PhatosbyGloria Bigger-Cantu) Instructarand SuperintendentD Dr CissyReynold-Perez ContrlautingRepoter Texas, rarognizeabusdriver willbeMay6-10. The Kingsville Indepen- tion. eesh hearda aboutr recognition tiveD Directorf for Elementary zreasofsdence. state student trip, adopted onatriprequest: and actedan allotment and ROTÇ is requesting the the Allotment and TEKS theagenda. future events weren reported Army JROTC Leadership atther regularn mectingh held and Academic Champlon- onApril16. Thefintawanlmmount- SattieCathaleUnhesty ment. was recognition re- of America," shes sald. The ceived by the HMK High United States Army Cadet School Drill Team att two Command hosis this com- February competitions in petitionin WashingtonD.C. Corpus-Christi. Georgeanna Next, IL Col. James A. Guajardo,Gabriela Esquibel Troia, (US. Army Retired) and) Julissa Rincon received KISDS Sr. ROTC Instructor periormtingatksw said that there were 2100 time International Corpus applicants, then marrowed Christ Beach Blast Dance 101,066, and fnillzedto66 Competitlon, MelindaGarza participants. "They will be. serves asthes sponsoro ofthe competing mostlyw with ath- 45-member team. Then new erst throughout theUS will dances smzonbegtnsen.May benocosttothed district," "he 18atteHMK HighSchool sald.. Domes. TC. Teague was recog- proved proclamations. The nized as the 2023-2024 School Nurses Recognhion. KIDBwDarafheleu. Weekw willbeM May6-12.The KISDal alengwiththeirinsur- National Speech Therapist ance firm PCAT, Property Wecky willbeMay6-0;and FOR CITYC COMMISSIONER: PLACE3 Experiencey warkingw withgovemment pollcy, budgets, &procedures. Kingsviller nativee eagert tocontribute top positiyec communitys growth. Strongr networking, interpersonal &listenings skils, Agency. ribbon cuttinge eventy willbe ginatIl45a.m.0 onT Tharsday fortheiro outstandingdedica- Thet trusteesy votedo an! the Trustees Brian Coufal, heldat HMKI High School's May3 30 at the HMK High listoft teachers mpproved! in- JoeM Mireles, Martin E. Cha- brand-new track at 430 Schooll Domes, Speakers in- Development and Health approvedallibea administra- st4pm. June4. Thepublic LaMantia. Tickelsandspon- Ruiz, James Glusing and do" "Cory" Garza AG Farm Kleberg County Jadge Rudy Madaadess.ozi KISDs students andt teachers. events. pCmyalitimemhal- Norma Nelda Alvarez D.Fanhaloradhtap ********* FOR ********* GITY COMMISSIONER ELECTION DAY IS SATURDAY, MAY4 ELECT KRYSTAL (SEIDEL)E EMERY KINGSVILLE BIBLESTUDY Bdonydierka: ccustom Gabinels DrawerBoxes GabinetDoors CA1M36D/219:0264: EVERY TUESDAY 7-8 PH 2400. HOLIDAY S. HWY INN 77 KINGSVILLE, TX 78363 FOR ADDITIONAL INFORMATION CALL 361-444-2313 or SCANT THIS QR CODE cEntyDOOIS PUBLIC: HEARING NOTICE Kingsville KEEPA AMERICA The Planning &2 Zoning Commission of the City of Kingsville will! hold BEAUTIFUL aPublic Hearing Wednesday, May 15, 2024, at 6:00 p.m. wherein the REAT AMERICAN Commission wild discuss and/ort take action on thef followingi item anda at CLEANUP which timea allinterestedp personsy willb beheard: me Rgth TRASH-OFF The CityofKingsville: will bek hosingaTRASH-OFF Citizens cand dumpt their Trashf forF FREEI Saturday, Mayl 11,2 20241 from 8:30: a.m.-12p.m. "WeatherP Permiting" Located at6 6ths Street & EnstA Ave.B Twob blocksr northr ofKleberg Elementary Schoo! Your mustp provide proof ofresidency andu utility bill. No ContractorsAllowed!. Kingsville) Residents Only! GabbyA McGinnis, applicant;South7 Texas Stash, LLC, owner,requestinga SpecialUse Permitf foral Take50ic Changes SemincRaaDPRARD) ESTESIOTI,VERAIZON: alsok knowne as 1401 General Cavazos BLVD, Kingville,TX Ther meeting willl beheld at City Hall, 400V Westk King, Kingsville Helen Kleberyg Groves Community Room. Ifyoul have thel items ont the please contact agenda, 595-8055. PUBLIC HEARING NOTICE The City Commission ofthe City of Kingsville willl holda al Public Hearing Tuesday, May 28, 2024, at 5:00 p.m. wherein the City Commission will discuss the consideration oft the following item and at which time all GabbyMcGinnis; applicant; South Texass Stash, LIC,O owner,requestinga BTSIOTL,VERZONA: alsol knownasl 1401 GeneralCavazos! BIVD, Tamgdlw.iaGya 400V West King, Kingsville, Texasint the Helen Kleberg Groves Community! Room. Ifyouh havea anyg questions about] TXinthe about anyg questionsa at the! Planning Departmenta (361) interestedp persons willbeheard: Kingsville,TX Wc3 WILLAccept: "Appliances porfentinerhteem, Fumiture We; WILI-NOTAcpt: SpecialUseP Permitfora Take50io Changes Storein C2( (Retail)a atERARD +Hazardous VOLUHTEERS NEEDEDI 31. ORDINANCE #2024- AMENDING THE ZONING ORDINANCE GRANTING A SPECIAL USE PERMIT TO SOUTH TEXAS STASH, LLC FOR A TAKE 5 OIL CHANGE STORE INCZRETALATERARDESTRLOTI,VERIZONAPROPERIY ID #33088), ALSO KNOWN AS 1401 E. GENERAL CAVAZOS BLVD, KINGSVILLE, TEXAS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION. WHEREAS, city staff has received an application from South Texas Stash. LLC, via agent Gabby McGinnis for a Take 5 Oil Change store in a C2-Retail District area; and WHEREAS, the applicant plans to build the oil change store on private property in a C2- Retail District area, but Section 15-6-Appendix A-Land Use Categories of the City of Kingsville Code of Ordinances requires a Special Use Permit process as the auto WHEREAS, the Planning and Zoning Commission has forwarded toi the City Commission it'sr reports and recommendations concerning the application ofSouth Texas Stash. LLCfor amendment: tot the: zoning map of the City of Kingsville with the request based ont the afore- WHEREAS, with proper notice tot the public, publich hearings were held on' Wednesday, May 15,2024, duringar meeting oft the Planning and Zoning Commission, and on Tuesday, May 28, 2024, during a meeting of the City Commission, in the Helen Kleberg Groves Community Room at City Hall, int the City of Kingsville, during which all interested persons WHEREAS, on a motion to approve thei item, a majority oft the Planning Commissiony voted WHEREAS, the City Commission has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Kingsville NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY SECTION 1. Thatt the Zoning Ordinance oft the City ofKingsville, Texas, is amended and a Special Use Permit is granted for an auto repair use via a Take 50 Oil Change store inac2- Retail District area at Erard Est #3, Lot 1,Verizon)Property ID #33088), also known as 1401 E. General Cavazos Blvd., Kingsville, Texas as more: specifically described ont thes site sales/repairs use is to be located in a C2-Retail District area; and mentioned City Code sections; were allowed to appear and be heard; and 5-0, to APPROVE the requested Special Use Permit; and and its citizens. OF KINGSVILLE, TEXAS: plan attached as Exhibit A. Page SECTION2. That the Special Use Permit granted in Section 1 ofthis Ordinance is subject the following conditions: 1. ALLOWED USE: The only use authorized by this Special Use Permit is for the development and operation of an auto repair use via a Take 5 Oil Change store (hereafter referred to as the "Special Permit Business") in C2-Retail District at Erard Est #3, Lot MVetopPopey/DR08, alsol known as 1401 E. General Cavazos Blvd., Kingsville, Texas. 2. TIME LIMIT: This Special Permit is good for the duration of the Special Permit Business from the date of this ordinance unless (a) the property is not being used for the purpose outlined in Condition 1, or (b) any other conditions have not been complied with. 3. SPECIAL CONDITION: (3.1) The applicant shall obtain all required licenses for operating the Special Permit Business and permits as applicable for building, fire and health thereby meeting all adopted codes to operate said Special Permit Business, and shall cooperate with all annual fire safety, health, and sanitation inspections, in order to maintain compliancer with federal, state, and city regulations fors such a structure/use at the location. (3.2) All activity on site shall be in complete compliance with all City codes, especially, nuisance, fire, building and zoning codes. (3.3) The applicant shall install and SECTION 3. That the official Zoning Map of the City of Kingsville, Texas, is amended to reflect the amendments to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Kingsville, Texas, as amended from time to time, except as changed by this ordinance and any other SECTION! 5. Thatt tot the extent that these amendments tot the Zoning Ordinance represent adeviationi fromi the Comprehensivel Plan, the Comprehensive Plani is amended to conform SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are SECTION 7. That publication shall be made in the official publication of the City of maintain landscaping at the site. ordinances adopted on this date, remain in full force and effect. to the Zoning Ordinance, as amended by this ordinance. hereby expressly repealed. Kingsville as required by the City Charter of the City of Kingsville. INTRODUCED on this the 28th_ day of May, 2024. PASSED AND APPROVED on this the 10th day of June_, 2024. EFFECTIVE DATE: Page 2 THE CITY OF KINGSVILLE Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: By: Courtney Alvarez, City Attorney Page3 200ft Buffer at 1401 E General Cavazos Blvd 4002005 30319 30952 EGensa/CyzsEla 33088 97360 96101 4003193 4003191 46276 Legend 1401 E General Cavazos 200ft Buffer Streets Ownership 50 100 CITYC OFKINGSVILLE ENGINEERING. DEPARTMENT 400WKing Ave; Kingsville, TX78363 Office: (361)595-8007 Fax: (361) 595-8064 200 Feet Souce: Esrl, Maner, Barhe Kingsville DISCLAIMER: THEI INFORMATION ONT THIS SHEET! MAY CONTAIN INACCURACIES ORE ERRORS. THE CITY OF! KINGSVILEISNOT RESPONSIBLEI IF1 THE INFORMATION ORANY OTHERE PURPOSE. Drawn By: G.AMAYA THISA MAPISF FORV VISUALF PURPOSESC ONLY. Note: Owneshiplslabeled DESIGN, CONTAINEDH HEREINIS IS PLANNING, USED FORA BUILDING, ANY Last Update: 4/22/2024 withi its PropiD. 29. Fss AGENDA ITEM #2 City of Kingsville Finance Department KESIe TO: CC: FROM: DATE: SUBJECT: Summary: Mayor and City Commissioners Mark McLaughlin, City Manager Deborah Balli, Finance Director May 10, 2024 Budget Amendment #37-Utility Billing Software Increasès The FY 23-24 budget appropriated funding for Utility Billing Software Increases, but the amount ofthe increase was not enough fort the Utility Fund to cover as part ofthis software was budgeted in General Fund and: should have been budgeted fully in the Utility Fund. Financial Impact: This Budget Amendment appropriates $11,681 in additional funding for the increased enrollment. Funding for this appropriation will come from the Water Budget Amendment Reserve line item resulting in no effect on the Utility fund balance. Staff recommends the approval oft this budget amendment. Recommendation: ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO APPROPRIATE ADDITIONAL FUNDING FOR TYLER UTILITY BILLING SOFTWARE INCREASES. WHEREAS, it was unforeseen when the budget was adopted that there would be a need for funding for these expenditures this fiscal year. I. BE IT ORDAINED by the City Commission oft the City of Kingsville that the Fiscal Year 2023- 2024 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT = BA#37 Account Name Dept Dept Name No. Fund 051-Utility Fund Expenditures-5 6001 Water Account Budget Budget Number Increase Decrease Budget Amend Reserve 86000 22600 $11,681 6201 Utility Billing Computers & Assoc Equip $11,681 [To amend the City of Kingsville FY 23-24 budget to appropriate additional funding for Computer Software Increases. Funding will come from the Utility Fund Budget Amendment Reserve line item.] II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. THAT 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 Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. IV. THAT this Ordinance shall not be codified buts shall become effective on and after adoption and publication as required by law. 1 INTRODUCED on this the 28th day of May 2024. PASSED AND APPROVED on this the 10th day of June 2024. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #3 Aepprove. Budget Am. fbrdonation City of Kingsville Parks & Recreation Department TO: CC: FROM: DATE: SUBJECT: Foundation Mayor and City Commissioners Mark McLaughin, City Manager Susan Ivy, Parks Director May1 17,2024 Agenda Request - Request for Approval of Donation from Brookshire Summary: We are asking that Commission approve the receipt and associated Budget Amenment for a $37,000 donation from Brookshire Foundation to Parks and Recreation. Background: This donation is committed as follows: $15,000 Shaded lifeguard chairs $15,000 Recreation Programs $ 7,000 New Lane lines for competitive and lap swim at Brookshire Pool Financial Impact: The will add $22,0001 to Minor Equipment line item 001-5-4513-21700 And $15,000 to Rec Programs 001-5-4513-31499. Recommendation: Approve the recommended Budget amendment. Note: The shade structures we requested that are poles mounted in the ground with large umbrellas would not work in our deck surfacing at the pool so we had to go to a different design. We are advising thel Brookshire Foundation of the change. TEXAS Kinosville : . Kingsville Parks & Recreation 400 W. King (mailing) 501 Santiago Park Lane (physical) Kingsville, Texas 78363 361-221-8705 Susari! Ivy, Director 361-219-9125. April 22, 2024 B.C. & Addie Brookshire Foundation c/o Board of Directors Dear Board Members, We: are asking your consideration for: Forl Information on events and facilities wwwdivointallicomlacom/epatmentaaris Email: sieciyelkimle.com ori follow Facebook us on Kingsville Parks and Recreation CITY Kngsville $15,000 donation to assist with our 2024: Summer Programming. $15,000 for shade structures tol be placed over thel lifeguard: stands atl Brookshire Pool $7,000 tor replace lane lines(7) for competitive swim meets and triathlon and lap swimming $37,000 Total Request First of all, as always, the generosity of the Brookshire Foundation is one of the biggest benefits the Parks Department. has enjoyed continually for all of my 34 years here. The recreational opportunities expanded for our kids by funds donated by the Brookshire Foundation is tremendous and I1 thank you on behalf of them. This is the program we partner with the County Extension office on and they provide av wealth of expertisei in many of our nature based activities. The Summer Program request is detailed in an attachment. We have added a much requested camp for Special Needs kids and are anxious to serve more kids this summer. We have added days to our camp this last year for the KISD days they are off half a day. Those days will be expanding int the 2024/2025 School Yeart to include at few all day camps at the request of thel Boys The request for shade structures over the lifeguard chairs is a great need for the lifeguards. The winds here are: so strong in the summer that we have struggled witht the strongest umbrellas we can find that stick into the pole on the chair. They all break from high winds. With increasing heat temperatures, iti is vital that we provide some sturdy support for our staff. Your assistance would be appreciated. This quote includes the purchase of the pole and shade cloths and installation supplies. Our staff will do the installation guided by City Engineering staff. The We are also asking for your assistance in replacing the lane lines used for competitive swim meets and triathlons. Both of which we host with our Swim Team and CrossFit Kingsville. and Girls Club. installation quoted byt the Shade Company was an additional $24,000. Your kind consideration of our request is appreciated. If you have any questions I will be available via my cell phone at 361-522-1202. Sincerely, Director E Kingsville Parks and Recreation Lifeguard Shade Structure x 4 SFeet /9Feet/10F Feet LFGUARD-8A9-10E Shade! Structure Engineered Drawings x1 OLSealed-Digital Engineered Drawings-Sealed $11,959.96 $875.00 Shade Structure Anchor Bolts & Plates x 4 Lifeguard lfeguard-Anchorsois: $704.00 Standard Installation #24,150.00 -$1,318.96 $36,370.00 $908.00 Discount GOOD THROUGH5-31- 2024 Subtotal Shipping Total $37,278.00 USD Yous saved $1,318.96 a419207 B136.0 ab lauldnlt-hio Tarlbeo Shorlne conys 57 78" 0 2u ChIcipoT 3200BDD.a45 CTUSAIGEIRYBSES 75 Foot Maximum Racing Lane Line With 6 Inch Disks WRITE AREVIEW ALLOW7-10 DAYSTOSHIP $93225$93225.smmX X7 - -1 . SUMMEK LAMF EAPENSES FUK: 5U CAMPEKS AND KAINBOW SPECIAL NEED CAMP Namel FIELD TRIPS Dates JUNE18 JUNE20 JUNE27 JULY18 JULY25 TOTAL Calegory Transportation SUMMER CAMP 2024 LOCATION Departments PARKS AND RECREATION AMOUNT 100.00 100,00 500.00 200.00 BAFFINBAY; RIVIERA, TX BAFFINE BAY, RIVIERA, TX NASE BOWLING PLANETARIUM, CORPUS CHIRIST BROWNSVILLEZ ZOO,E ENDO OFY YEART TRIP 1,250.00 2,150.00 LOCATIONS MILEAGES ROUNDI TRIP/ PLUSE DRIVERS HOURS BAFFINE BAY, RIVIERA= 60A MILES BAFFNBAV,RIVERA= = 60M MILES NASE BOWLING=28 PLANETARIUM, CORUPUS CHRISTI=140A MILES GLADY'S PORTER ZOO, BROWNSVILLE-234 SUPPLIES ROLLS OFE BUTCHER PAPERS FORE BANNER/PAINT, BRUSHES, PENCILS, 45000 GLUEA ANDO OTHER MATERIALS FORE PROJECT ARTS SUPPLIES, NOODLES, SCIENCES EXPERIMENTS SUPPLIES, DECORATIONS, SNACKS, DRINKS FORL LIFT EXPERIMENT ETC TACKLE BOXES, NETS, WATERE BOTTLES, NECK COOLING WRAPS/ PADDLES FOR.K KAYAKS ANDI LIFE. JACKETS: SUNBLOCK, BUG SPRAY OBSTAÇLECOURSE WOOD, NALS, ROPES ETC, INFIATABLEPOOL PAPPER, BUBBLEWRAPS! ETCF POPCORN! KERNELS, LENTHSA ALPHABET STICKERS RICE,PAPERI PLATE, COLORFUL RIBBONS SMALLE BELLS AND MATERIALS, TELESCOPELENSES, TAPESPACE MATERIALS, EIC EYES, CANVAS, PAINTE ETC, CAMERA'S, SUPPLIES FORE BIRDI HOUSES, BREAKFAST BARS, SNACKS ANDY WATERS FORA ALLI DAILYA ACTIVITIES &FILED1 TRIPS, BATTERIES, WET ONES, CLOROX WIPES, FIRST AIDI KI, WATER. JUG, CAMPERS SHIRTS ANDE BUCKET HATS ALL STAFFS SHIRTS, CAPSANDI WHISTLES/ WALKIE TALKIES PLAYDOUGH, MUSICAL INSTRUMENTS, KIDS CAMPS SHIRIS, OBSTACLE COURSET ITEMS, ARTS ANDCRAFI, STEME PROJECTS AND SCIENCEE EXPERIMENTS. SPORTSE EQUIPMENT FIELDI TRIPS DATES JUNE20 JUNE27 JULY18 JULY25 DATE 6/4-6/5-6/6 6/18-6/20 Amount KISDE BUS TRANSPORTATION JUNE 18 TOTAL 12,00000 ACTIVITIES, /EXPENSES WILLY WONKA: STEM BUGGIN' OUT KAYAKING! &F FISHING MIIN GOIF,BASKEBALL, VOLLEYBALL &! MUDDY BUDDIES 5K BASHTHET TRASH GALACTICI EXPLORES ANIMAL OLYMPICS MISCELLANEOUS: 6/11-6/12-6/13 HANDHELD! MIROSCOPES, BUGN NETS, BUGSS SPRAY, ARTS SUPPLIES 500,00 FORE BUGS/ ACTIVITIES SPORTA MANIA, PICKLEBALL, 6/25-6/26-6/27 PADDLES, BALLS, NETS, MEDALS, MATERIALS FORI MUDR RUN TRAPS, WATERI HOSES HOPEPUNCHERS 7/9-7/10-7/11 ROCKS FORF PAINTNG, ROCKP PENS, GLUE, TAPE, BOXES, FOIL 7/16-7/17/7/18 SUPPLIES FORK ROCKIES, CANVAS, SPONGES, TELESCOPES 7/23/7/24/7/25 POSTERS, PIPE CLEANERS, TISSUE PAPERS, CARDSTOCK, GOOGLY 400,00 50,00 FOOTPRINT STONES 700,00 3000.00 TOTAL 15,000.00 NEW CAMP FOR SPECIAL 6/7-6/14-6/21- SUPPLIES FORE RAINBOWS SPEICAL NEED CAMP, CHALK, NEEDS KIDS 7/12-7/19 ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO ACCEPT AND EXPEND DONATION FROM THE BROOKSHIRE FOUNDATION FOR POOL EQUIPMENT AND RECREATION PROGRAMS FOR THE PARKS DEPARTMENT WHEREAS, it was unforeseen when the budget was adopted that there would be a need for funding for these expenditures this fiscal year. I. BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2023- 2024 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#42 Account Name Dept Dept Name No. Fund 001 - General Fund Revenues -4 4513 Parks Expenditures -5 4513 Parks 4513 Parks Account Budget Budget Number Increase Decrease Donations 72030 21700 31499 $37,000 $22,000 $15,000 Minor Equipment Recreation Programs [To amend the City of Kingsville FY 23-24 budget to accept and expend donation from the Brookshire Foundation for pool equipment and recreational programs for Parks. Funding will come from the donation for the stated purpose.] I. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. THAT 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 oft this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect fori its purpose. IV. THAT this Ordinance shall not be codified but shall become effective on and after adoption and publication as required by law. INTRODUCED on this the 28th day of May 2024. PASSED AND APPROVED on this the 10th day of. June 2024. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #4 City of Kingsville Parks & Recreation Department TO: CC: FROM: DATE: SUBJECT: Hydroseeding Mayor and City Commissioners Mark Mclaughin, City Manager Susan Ivy, Parks Director May17,2024 Agenda Request - Request for Approval of Budget Amendment for Golf Course Summary: We are requesting approval of the attached Budget Amendment in the amount of $21,018.03 to match a commitment of $24,320 from the Countyt to pay a $48,640H Hydroseeding quote for the L.E. Ramey Golf Course. In order to do this, $3,301.97 will have tol be transferred into the 026 account as follows: From: 001-5-4502-21100 $1,500.00 001-5-4502-21179 $1,000.00 001-5-4502-21400 $802.00 $3,302.00 Background: This project will Hydroseed fairways 2,3,4,6 and spot treat ,10,11,12,14,15,15. These areas will be roped off to restrict patrons from driving over them for some time. We have had al long history of trouble with grass growing in the fairways and testing Ruben has Financial Impact: This will add $24,000 From the fund balance in the 026 Fund Golf Course Recommendation: Approve ther recommended Budget amendment and expenditure ofi funds. done with this type of grass seems to be growing well. Improvements tot the Golf Course Budget. TEXAS City of Kingsville Parks & Recreation Department VKR Landscaping, Inc 25041 Penorse. Ave EdinburgTx 78539 Name/ Address City OfKingsville Estimate Date Estimate# 5/172024 185 Project. Total 48,640.00 Description Qty 128,000 Rate 038 LERmey GolfCourse One7 Time! Hydrommiche with BermdaSeed WILLF Requirel V2tos Starta andR Remzining Upon Completion NOD WARRANTY. MUSTI HAVEA: 2"WATER CONNECTION Thankyouf fry yourb business. Phone#. (956)655-3990. Total $48,640.00 E-mail mygisimdupizan TEXAS Kingsville ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO APPROPRIATE FUNDING FOR THE GOLF COURSE HYDROSEEDING PROJECT. WHEREAS, it was unforeseen when the budget was adopted that there would be a need for funding for these expenditures this fiscal year. I. BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2023- 2024 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET. AMENDMENT - BA#45 Account Name Dept Dept Name No. Revenues -4 Expenditures-5 Account Budget Budget Number Increase Decrease Fund 026 Golf Course Capital Projects Fund 0000 Golf Course Transfer from Fund 001 4502 Golf Course Grounds & Perm Fixtures 75001 59100 80026 21100 21179 21400 $3,302.00 $24,320.00 3,302.00 Fund 001 - General Fund 6900 Transfer 4502 Golf Course Supplies 4502. Golf Course Golf Course Accessories 4502 Golf Course Chemicals Transfer to Fund 026 $1,500.00 $1,000.00 $802.00 [To amend the City of Kingsville FY 23-24 budget to appropriate funding for the Golf Course hydroseeding project. Funding of $21,018 will come from the fund balance of Fund 026 Golf Course Capital Projects Fund and $3,302 will come from various line items in General Fund Division 4502. This funding only pays for 50% of this project. The other 50% will come from the County.] II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. 1 III. THATi ifi 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 Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. IV. THATthis Ordinance shall not be codified but shall become effective on and after adoption and publication as required by law. INTRODUCED on this the 28th day of May 2024. PASSED AND APPROVED on this the 10th day of June 2024. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS7 TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #5 City of Kingsville Purchasing Department TO: CC: FROM: DATE: Mayor and City Commissioners Mark McLaughlin, City Manager Charlie Sosa Purchasing Manager May 10, 2024 SUBJECT: Budget Amendment for HVAC System at Police Dept. Summary: This item authorizes the approval of a Budget Amendment in the amount of $19,358.00 tor replace a 10-ton HVAC system for the Police Department. Background: The City staff is requesting a budget amendment to replace a 10 ton HVAC System for the Police Department that provides heating and cooling for the server room and dispatch area. The existing unit is the last of the original units on the building. The funds will transfer from 001-5-1030-86000 Budget Amendment Reserve to 001-5-1805-51100 Building Maintenance. Financial Impact: Staffi is requesting a budget amendment in the amount of $19,358.00 be transferred from Fund 1-5-1030-86000 City Special Budget Amendment Reserve. Recommendation: It is recommended the City Commission approve the Budget Amendment for the replacement of a 10-ton HVAC system for the Police Department, in the amount of $19,358.00 as per staff recommendation. ÇTY Kngsville ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO APPROPRIATE FUNDING FOR EMERGENCY REPAIR TO POLICE DEPARTMENT AC UNIT. WHEREAS, it was unforeseen when the budget was adopted that there would be a need for funding for these expenditures this fiscal year. I. BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2023- 2024 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#38 Account Name Dept Dept Name No. Fund 001 - General Fund Expenditures -5 1805 Facilities Account Budget Number Increase Decrease Budget 1030 City Special Budget Amend Reserve 86000 51100 $19,358.00 Building Maintenance $19,358.00 [To amend the City of Kingsville FY 23-24 budget to appropriate funding for an emergency repair to the Police Department AC unit. Funding will come from the General Fund Budget Amendment Reserve line item.] I. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. THAT 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 Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. IV. THAT this Ordinance shall not be codified but shall become effective on and after adoption and publication as required by law. INTRODUCED on this the 28th day of May 2024. PASSED AND APPROVED on this the 10th day of June 2024. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 ESTIMATE ESTIMATE DATE TOTAL #792 May 17,2024 $19,358.00 RAMOS REFRIGERATION AirCondiloning & Heatings Service Ramos Refrigeration & A/C, LLC. CITY OF KINGSVILLE POLICE DEPARTMENT KINGSVILLE, TX 78363 ( (361)592-6445 CONTACT US 1418 E. King Ave Kingsville, TX 78363 6 SSAENZOCITYOFKINGSVILLE.COM (361)592-4293 % FAMOSAC.ACCTPAYOYAHOO.COM ESTIMATE SeVces Utpce amount 10 TON PACKAGEUNIT REPLACMENT PRICE INCLUDES THE FOLLOWING: NECESSARY CRANE 1.0 $19,358.00 $19,358.00 REMOVE EXISTING PACKAGE UNIT OFF OF ROOF AND DISPOSE OF AS PER EPA SPECIFICAITONS INSTALL NEW 10 TON PACKAGE UNIT WITH ELECTRICI HEATING ADAPT TO EXISTING DUCT WORK, ELECTRICAL, ANDI PLUMBING SEAL DUCT CONNECTIONS WITHLOWVOC AIRLOCK MASTIC CHARGE AND BALANCE REFRIGERANT LEVELS Services subtotal: $19,358.00 Subtotal Tax (Tax 8.25%) Total $19,358.00 $0.00 $19,358.00 SERVING SOUTH TEXAS SINCE 1942. Ramos Refrigeration & A/C, LLC.ILIC. #TACLA23704C ntpwww.ranoac.com 1of2 Thank you for choosing Ramos Refrigeration & A/C for all your heating and cooling needs. Ramos Refrigeration & AIC,LLC.JLIC. #TACLA23704C mtp-ww.ramosac.com) 2of2 AGENDA ITEM #6 Abpprore Budget Am. City of Kingsville Purchasing Department TO: CC: FROM: DATE: Mayor and City Commissioners Mark McLaughlin, City Manager Charlie Sosa, Purchasing Manager May 20, 2024 SUBJECT: Budget Amendment for the Chamberlain Park Restroom Roof Summary: This item authorizes the reallocation of ARP Funds and approval of a Budget Amendment in the amount of $10,392.46 for the Chamberlain Park restroom roof. Background: City staff is requesting a relocation of ARP funds for the Chamberlain Park restroom roof. Funds will be used to purchase materials and labor to construct the new roof on the Chamberlain Park restrooms. Purchasing received bids for the labor of the new roof, two bids were submitted from Rafael Ledesma in the amount of $5,280.00 and from Hubert Construction in the amount of $7,500.00. The materials were purchased through McCoy's Building Supply in the amount of $5,112.46. Financial Impact: Staff is requesting an ARP Fund budget amendment in the amount of $10,392.46 from the reallocation of moneys in Fund 121-5-2104-51100 in the amount of $1,095.96; 121- 5-1030-31400 Time and Attendance in the amount of $7,082.84; 121-5-3000-71300 PW Remodel in amount of $384.38; 121-5-4503-95100 Concession Bldg. in the amount of $1,285.00; 121-5-4503-59100 Chair lift in the amount of $1.00; and.121-5-4503-59113 Parking Lot in the amount of $503.28. Recommendation: It is recommended the City Commission approve: 1) the reallocation of ARP Funds as noted above and (2)the budget amendment for the construction of the Chamberlain Park restroom roof in the amount of $10,932.46 as per staff recommendation. * KRSe ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO APPROPRIATE FUNDING FOR THE CHAMBERLAIN PARK BATHROOM ROOF. WHEREAS, it was unforeseen when the budget was adopted that there would be a need for funding for these expenditures this fiscal year. I. BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2023- 2024 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#41 Account Name Dept Dept Name No. Fund 121-GFFund, ARP Expenditures- -5 4503 Parks 2104 Police 4502 Parks 4503 Parks 4503 Parks Account Budget Budget Number Increase Decrease Chamberlain Park Building Maintenance Machinery & Equipment Grounds & Perm Fixtures Dick Kleberg Park 71240 51100 31400 71300 71200 59100 59113 $10,392.46 $1,095.96 $7,082.84 $384.38 $40.00 $1,286.00 $503.28 1030 City Special Professional Services 3000 Public Works Building [To amend the City of Kingsville FY 23-24 budget to appropriate funding for the Chamberlain Park bathroom roof. Funding will come from the left-over funds from completed ARP projects. The movement of these funds is a project reallocation.] II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. THAT 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, 1 phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. IV. THAT this Ordinance shall not be codified but shall become effective on and after adoption and publication as required by law. INTRODUCED on this the 28th day of May 2024. PASSED AND APPROVED on this the 10th day of. June 2024. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #7 City of Kingsville Public Works, Street Division TO: CC: FROM: DATE: SUBJECT: Equipment Maintenance Mayor and City Commissioners Mark McLaughlin, City Manager William Donnell, Director of Public Works May 21, 2024 Fund 001 Budget Amendment Reserve Request-Street Division Vehicle & Summary: Maintenance. Background: This item authorizes additional funding in the Street Division for Vehicle & Equipment The average monthly operational maintenance costi for the Street Division equipment before any repairs averages $2,000 per month. Currently major repairs include wheel loader at $6,120 (drive shaft dampener flange), Unit 534 dump truck at $8,812 (replace king pins/fuel rail), Unit 575 Maintainer at $1,667 (replace shifter/PCU), Unit! 5125 Roadtec Pavera at $13,640(planetary drive), Unit! 5131 dump truck at $10,446 (low power/dash cluster/hi-low switch & fuel pump), Unit5130 dump truck at $1,311 (mirror/grill), Unit 51101 backhoe at $1,365 (steer piston /hydraulic hoses). These repairs along with many other minor repairs have the current account balance at negative $26,149.lam requesting: additionali funds int the amount of $50,000tocoverther negativel balance and for repairs through the remaining fiscal year. Financial Impact: This will reduce the General Fundsunappropriated Fund 001-5-3050-68000 Budget Amendment Reserves balance by $50,000.00 and increase the Vehicle/Equipment Maintenance line account 001-5-3050-41100 by $50,000.00. Recommendation: Staff is requesting approval of funds to cover costs associated with repairing and maintaining vehicles and equipment ini the Street Division this fiscal year. ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO APPROPRIATE FUNDING FOR STREET DEPARTMENT VEHICLE REPAIRS. WHEREAS, it was unforeseen when the budget was adopted that there would be a need for funding for these expenditures this fiscal year. I. BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2023- 2024 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#43 Account Name Dept Dept Name No. Fund 001 General Fund Expenditures- -5 3050 Street Account Budget Number Increase Decrease Budget 1030 City Special Budget Amend Reserve 86000 41100 $50,000 Vehicle Maintenance $50,000 [To amend the City of Kingsville FY 23-24 budget to appropriate additional funding for Street Department vehicle repairs and maintenance. Funding will come from the General Fund Budget Amendment Reserve line item. There is currently $237,000 available.] II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. II. THAT 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 Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. IV. 1 THATthis Ordinance shall not be codified but shall become effective on and after adoption and publication as required by law. INTRODUCED on this the 28th day of May 2024. PASSED AND APPROVED on this the 10th day of June. 2024. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #8 City of Kingsville Public Works, Water Construction Division TO: CC: FROM: DATE: SUBJECT: Waterline Account Summary: watermain breaks. Background: Mayor and City Commissioners Mark McLaughlin, City Manager William Donnell, Director of Public Works May 21, 2024 Fund 051 Budget Amendment Reserve Request-Water. Construction Division This item authorizes additional funding in the Water Construction Division for materials to repair Water Construction employees have repaired 92 more waterline breaks than last yeart foratotal of206 main! break repairs through March. Materials prices associated with waterline repairs have also increased. The increase in the number of main breaks and increased cost of materials has depleted the waterline funds to negative $10,932. Currently spent for parts to repair waterline main breaks is $230,639, sand/limestone is $16,347, sidewal/driveway/urb is $22,008 and meter valves is $9,472.lam requesting additional funds in the amount of $156,000 to cover the negative balance and for repairs through the remaining fiscal year. Financial Impact: Funding will come from the Utility Fund Budget Amendment Reserve line items by reducing 051- 5-6001-86000 (Water) by $150,000 and reducing 051-5-7001-86000 (Wastewater) by $6,000. It will increase the UF Water Lines account 051-5-6001-54100 by $156,000. Recommendation: Staff is requesting approval of funds to cover costs associated with repairing waterline main breaks in the Water Construction Division this fiscal year. ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO APPROPRIATE ADDITIONAL FUNDING FOR WATER LINE REPAIRS. WHEREAS, it was unforeseen when the budget was adopted that there would be a need for funding for these expenditures this fiscal year. I. BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2023- 2024 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#44 Account Name Dept Dept Name No. Fund 051 Utility Fund Expenditures -5 6001 Water 6001 Water Account Budget Budget Number Increase Decrease Budget Amend Reserve Water Lines 86000 86000 54100 $150,000 $6,000 7001 WasteWater Budget Amend Reserve $156,000 [To amend the City of Kingsville FY 23-24 budget to appropriate additional funding for water lines. Funding will come from the Utility Fund Budget Amendment Reserve line items by reducing 051-5-6001-86000 by $150,000 and reducing 051-5-7001-86000 by $6,000. Itwill increase the UF Water Lines account 051-5-6001-54100 by $156,000.] II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. THAT ifi 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 Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 1 IV. THATthis Ordinance shall not be codified buts shall become effective on and after adoption and publication as required by law. INTRODUCED on this the 28th day of May 2024. PASSED AND APPROVED on this the 10th day of. June 2024. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #9 Badgerfm -ARP Funb City of Kingsville Public' Works, Water Construction Division TO: CC: FROM: DATE: SUBJECT: Summary: water line repairs. Background: Mayor and City Commissioners Mark McLaughlin, City Manager William Donnell, Director of Public Works May 16, 2024 Utility ARP Fund 025 Budget Amendment for Water Line Repairs This item authorizes the reallocation of Utility ARP Fund 025 and a budget amendment for 18" There is an existing 18" reinforced concrete cylinder pipe (RCCP) waterline that spans from the East Elevated Water Tank to the West Elevated Water Tank located under Huisache Street from 1st to 7th Streets and the alley between Lott & Huisache from 7th to 13th Street. A new 18" PVC line was installed in 2015-2016 to replace the existing waterline. Funding was only available to On May 7, 2024, the old 18" waterline was scheduled for a repair at gth Street between Lott & Huisache. During the repair the line blew and gushed about 2,000 gallons per minute. Water Construction employees along with DIA Utilities were able to reduce the flow and place a clamp overt the leak. During the night on May gth the line burst again next tot the clamp, but clamps were not available to make another repair. When clamps were delivered, Water Construction crews alongwith! DIA Utilitieswas: ablei top placetwo more clamps ont the pipet to holditt together allowing the water system pressure to rebuild. Currently the leak is flowing at a calculated 50gpm or We have a plan to cap the old 18" line at 7th Street and at 13th Street with welded plugs via contractor and plug the lateral waterlines via Water Construction employees. Future work will install the new line, not to disconnect the old one or connect laterals. 72,000gpd. be required to connect the laterals to the new 18" PVCwaterline. Kinosville TEXAS. City of Kingsville Public Works, Water Construction Division Utility Arp funds are currently allocated for Water meters ($150,000) and Wastewater Smoke Testing ($200,000). lam requesting these funds be reallocated to work on the old 18" waterline repairs. Financial Impact: This will reallocate Utility ARP Funds from Water Meters ($150,000) and Wastewater Smoke testing ($200,000) to MachineryEqupment ($250,000) for a Hydro-stop valve installer/valves and Professional Services ($100,000) to make the required repairs. Recommendation: Staffisrecommending 1) approval ofthe reallocation of $350,000 of ARP funds to cover the cost to move forward plugging and abandoning a portion of the old 18" waterline from 7th to 13th Street and 2) approval of the corresponding Budget Amendment. XAS Kinosvilleln ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO REALLOCATE UF ARP FUNDING FOR WATER LINE REPAIRS. funding for these expenditures this fiscal year. WHEREAS, it was unforeseen when the budget was adopted that there would be a need for I. BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2023- 2024 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#39 Account Name Dept Dept Name No. Fund 125- UF ARP Expenditures-5 6001 Water 6001 Water 6001 Water Account Budget Budget Number Increase Decrease Water Meter Parts MachinerylEqupment Professional Services 22800 31400 71200 31400 $150,000 $200,000 7001 Wastewater Professional Services $250,000 $100,000 [To amend the City of Kingsville FY 23-24 budget to reallocate UF ARP funding for an Inserta Valve tool and professional services that will assist with water line breaks repairs. Noadditional funding is necessary as current budget current funding only needs to be reallocated.] II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. II. THAT iff 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 Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. IV. 1 THAT this Ordinance shall not be codified buts shall become effective on ànd after adoption and publication as required by law. INTRODUCED on this the 28th,day of May 2024. PASSED AND APPROVED on this the 10th day of June 2024. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED ASTO FORM: Courtney Alvarez, City Attorney 2 REGULAR AGENDA AGENDA ITEM #10 CITY - - Kingsylle City Manager's Office TO: CC: FROM: DATE: SUBJECT: Mayor and City Commissioners City Manager May 20, 2024 Zoning Commission Memo for Agenda Item IRT Appointment of Krystal Emery to the Planning and Summary: members are: 1. Steve Zamora-Chairman 2. Mike Klepac 3. Debbie Tiffee 4. Larry Garcia 5. Brian Coufal 6. Rev. Idotha Battle 7. VACANT POSITION The City of Kingsville Planning and Zoning Commission consists of a seven-member board. Current Mr. Emeryapproached me withar request to volunteer hers services to an open board position. proposed Ms. Emery to the P&Z Board and they were unanimous in their support for her to fill the vacant sevent and final position to the board for a two-year term. Costs: a. None to the City for this action item. Recommendation: a. City Manager is recommending City Commission approval for the appointment of Ms. Krystal Emery to the City of Kingsville Planning and Zoning Commission for a two-year term (June 2024-June 2026). Nb cny Krystal Emery Academic Credentials Bachelor of Arts Communications Professional Skills Texas A&M University - Kingsville Kingsville, Texas Cum Laude May 2007 Interpersonal: I can multitask, work cooperatively with others, meet deadlines, and work under pressure, and I have strong verbal and written communication skills. I can lead without assistance and follow directions when required, and I am a fast learner of new technology. Ia always strive to get a positive outcome and am very data-driven for proven results. I enjoy networking with other businesses, civic and community organizations, Hardware: I am highly proficient with personal computers, digital scanners, all-in-one Software: Ia am highly proficient in Adobe Creative Cloud and Microsoft Office, including Word, Excel, PowerPoint, Outlook, Teams, and SharePoint, as well as several social media platforms, including Meta Facepook/nstagram), LinkedIn, and X. Ihave experience with video and audio software for importing, exporting, converting, and uploading online. My Employer: Texas A&M Universty-kingsvlle, 955 University Blvd, Kingsville, Texas 78363 Duties: My responsibilities included managing all paid marketing for recruitment, retention, and special events for the University with an annual budget of $1M across traditional print, digital and out-of-home, digital buys, social media, and radio/television advertising. Additional duties include the oversight, responses, and content production for the flagship University social media channels, content creation and implementation of website material using a CRM, creation of a marketing plan for recruitment of high school students, working with a combination of vice presidents, department heads, faculty chairs, and program directors for recruitment, retention, promotion and after action reports for the University, placing advertising for specialty events, student and faculty success stories, marketing campaigns and promotions, implementation of a University-wide calendar system, serving on specialty task forces, employee hiring, and event planning committees. Ia also identify survey mechanisms and metrics and create reporting and tracking methods in Google Analytics, Meta Dashboard, and Site Improve to analyze the effectiveness of our marketing efforts for incoming, potential, and current students and their families, both paid and Employer: Navy Morale Welfare & Recreation, Naval Air Station Kingsville, Kingsville, Texas Job Title: Marketing Assistant & Commercial ponsorsnp/ACvertising Coordinator; NF- Duties: My responsibilities included managing marketing, commercial sponsorship, and advertising for all MWR facilities as the only marketing department employee. I was also the government agencies, and related organizations. printers, tablets, smartphones, and digital cameras (DSLR and P-S). average net speed is 89 words per minute with 98% accuracy. Job Title: Assistant Director for Marketing & Communications Employment Dates: November 2019 - Current Employment organic. 78363. 1101-03 Employment Dates: July 2015 - October 2019 Star Service coordinator, Genuine Leadership coordinator, and G2 Installation Content Manager. Duties included utilizing various legal & other forms and formats to prepare correspondence, records, and reports for administrative needs, composing routine correspondence, flyers, posters, postcards, digital flyers for use. on N9-owned digital boards, social media postings & events, maintain office database and producing reports for commercial sponsorship as well as for training, meeting with local businesses and representing MWR at both internal events (ex: INDOC, Base Action Group) and external events under the approval of the Public Affairs Office. In addition, I was on the Executive Committee for the Wings Over South Texas Air Show. I was responsible for all air show entertainment marketing & sponsorship with a $250,000 cash and in-kind budget procured Employer: Myane Insulation & Construction, PO Box 915, Premont, Texas 78379 Duties: My responsibilities include front desk phone operator, all accounts payable, pricing field tickets & creating invoices for accounts payable, filing, creating reports/documents, & additional paperwork duties. Duties include composing routine correspondence and generating reports, spreadsheets, and databases utilizing office automation software, Employer: Y Public Relations/Y Communications & Consulting, 7945 W. Sahara Ave, STE Duties: My responsibilities included creating social media accounts for clients over various networks (Facebook, Twitter, Google +, Pinterest, Instagram) & creating an editorial calendar for each client to be used for their social media accounts. I was also responsible for giveaways on social media accounts, including fulfillment. In addition, I monitored the audience while working to produce increased engagement for all social media accounts. I was also responsible for creating, editing, and proofing publications, flyers, business cards, and media for clients. This included but was not limited to camera-ready art for all forms of through sponsorships, premium seating, and private chalet sales. Job Title: Accounts Payable Employment Dates: March 2012 - July 2015 including Microsoft Office & Intuit QuickBooks. 201, Las Vegas, NV 89117 Job Title: Social Media Strategy & Development Manager Employment Dates: December 2012 - May 2015 advertising/media using Adobe Creative Suite and Microsoft products. Employer: Good Carma Studio, 4996 Kilburn Ct., Oak Park, CA 91377 Job Title: Social Media Contractor Employment Dates: June 2013 - March 2014 Duties: My responsibillties included creating social media accounts for clients over various networks (Facebook, Twitter, Google +, Pinterest, Instagram) & creating an editorial calendar for each client to be used for their social media accounts. I was also responsible for giveaways on social media accounts, including fulfillment. In addition, I monitored the audience while working to produce increased engagement for all social media accounts. Employer: Platform G/MindJolt/Social Gaming NetworK/flur)rnends, LLC, 9606 S. Santa Duties: Iwas the sole contact for all customer service & support for the (fluff)Friends application (Facebook & MySpace Applcations/Games platforms), which at the final count was over 10M installs. This included the (fluff)Friends phpbb Forum, Facebook Discussion Board, Facebook Application Wall, & Help Link. Iwas responsible for refunds of virtual currency using PayPal, gathering new information, relaying information to Development (located in California, Argentina, and China) & general monitoring of the application. Ialso Monica Blvd, 2nd Floor, Beverly Hills, CA 90210 Job Title: Customer Services Specialist Employment Dates: July 2006 - March 2012 single-handedly organized & managed the international mail out of 2300 client packages, including packaging, labeling, postage & customs forms (when applicable) & physical shipping. In addition, I developed new virtual content, both visual and written. Ia answered customers' questions, maintained security procedures, and maintained various documents using Adobe Creative Suite, Google Suite, and Microsoft products. Current Associations/Organizations American Marketing Association Member Boy Scouts of America Troop 186 Treasurer and Adult Volunteer Kingsville Chamber of Commerce Member Rotary International Member and Club Past President U.S.S. Kingsville Commissioning Committee Public Affairs/Social Media Team NAS Kingsville Senior NAF Employee of the Quarter Second Quarter 2016 NAS Kingsville Senior NAF Employee of the Quarter Second Quarter 2018 NAS Kingsville Senior NAF Employee of the Year 2018-2019 Awards AGENDA ITEM #11 # U D E 00 - & 1 3 : a V DAVID PETTIT Economic Development 2 # C - L 1 2 a R @ E 3 I E & - I S: 0 e - e ) N I : @ y - DAVID PETTIT Economic Development 5 a E @ 8 S 6 @ 2 C € C C E S 8 € C E K 8 a E s LL 2 E 00 % - aU € I U E B € E 3 60 T e a e 5 1n 00 1 0 a a 6 @ 8 f - by 80 @ E @ o 0 U J a t E 5 E C U e C @ @ 0 9 CU - S 2 K - of S e - - - 1n a e I M - C S C U C @ E € O X U. 8 C E Z ) 00 J 0 DAVID PETTIT Economic Development C @ E O e 0 C € @ a 9 e @ - @ 00 y 00 a e a X e a & 8 E 7 B 6 8 6 - V ($) anjeA Ayedoud ajgexe DAVID PETTIT Economic Development aU E a E aU e a aU - - E 8 3 @ 8 C = @ E C O 7 00 E e b0 C E e 3 - I C O E aU S - C a O @ U 5 8 8 E D0 o a - 8 U O a - DAVID PETTIT Economic Development 00 B a 8 0 E U - D I 10 C U ) 00 E a C L E a 8 8 00 6 2 a 0 L C D - b0 6 aU e 0 C 6 E - I C D E DAVID PETTIT Economic Development HIG S8.N. 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June 10, 2024; and Section 311.003(c) oft the. Act; and 1 WHEREAS, evidence was received and presented at the public hearing on. June WHEREAS, after all comments and evidence, both written and oral, were received by the City Commission, the public hearing was closed on June 10, WHEREAS, the City has taken all actions required to create the Zone including, but not limited to, all actions required by the home-rule Charter of the City, the Act, the Texas Open Meetings Act (defined herein), and all other laws WHEREAS, the percentage of the property in the proposed zone, excluding property that is public owned, that is used for residential purposes is less than WHEREAS, a Preliminary Project and Finance plan has been prepared for the NOW THEREFORE, BE IT ORDAINED BY THE CITYCOMMISSION 10,2024, and in favor oft the creation ofthe Zone; and 2024; and applicable to the creation of the Zone; and thirty percent; and proposed reinvestment zone. OF THE CITY OF KINGSVILLE, TEXAS, THAT: SECTION1. RECITALS INCORPORATED. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. SECTION2. FINDINGS. That the City Commission, after conducting the above described: hearing and having heard the evidence and testimony presented at the hearing, has made the following findings and determined based ont the evidence and testimony presented to it: (a) That the public hearing on the creation of the reinvestment zone has been properly called, held, and conducted and that notice of such hearing has been (b) That the creation of the proposed reinvestment zone with boundaries as described and depicted in Exhibits "A"and "B"will result in benefits toi the City, its residents and property owners, in general, and to thej property,residents, and property owners (c) That the proposed reinvestment zone, as defined in Exhibits "A"and "B", meets the criteria for the creation of ai reinvestment zone set forth in the. Act in that: 1. Itisag geographic area located within the City limits oft the City; and published as required by law; and in the reinvestment zone; and 2 2. That the City Commission further finds and declares that the proposed zone meets the criteria and requirements of Section 311.005 of the Texas Tax Code because the proposed. zone: is predominantly open and, because ofobsolete platting, deterioration of structures or site improvements, or other factors, substantially (d) That 30 percent or less of the property in the proposed reinvestment zone, excluding property dedicated to public use, is currently used for residential (e) That the total appraised value of all taxable real property in the proposed reinvestment zone according to the most recent appraisal rolls ofthe City, together with the total appraised value of taxable real property in all other existing reinvestment zones within the City, according to the most recent appraisal rolls of the City, does not exceed 50 percent of the current total appraised value of taxable real property in the City and in the industrial districts created by the City, (f) That the improvements in the proposed reinvestment zone will significantly enhance the value of all taxable real property in the proposed reinvestment zone (g) That the development or redevelopment of the property in the proposed reinvestment zone will not occur solely through private investment in the impair or arrest the sound growth ofthe City or county. purposes; and ifany; and and will be of general benefit to the City or county; and reasonable foreseeable future. SECTION3. DESIGNATION AND NAME OF THE ZONE. Pursuant to the authority of, and in accordance with the requirements of the Act, the City. Commission hereby designates the area described and depicted in Exhibits "A" and "B" hereto as a tax increment reinvestment zone. The name assigned to the zone for identification is Reinvestment Zone Number Two, City of Kingsville, Texas (hereinafter referred to as the "Zone"). SECTION4. BOARD OF DIRECTORS. That al board of directors for the Zone ("Board") is hereby created. The Board shall consist of fivé (5): members comprised of four (4) City Commission members and the The Mayor shall serve as chairman oft the Board and the Board may elect a vice chairman and such other officers as the Board sees fit. Additionally, each taxing unit that levies taxes within the Zone and chooses to contribute all or part oft the tax increment produced by the unit into the tax increment fund may appoint one: member oft thel board. The number of directors on the Board of Directors shall bei increased by one: for each taxing unit that appoints a director to the board; provided, that the Mayor. maximum number of directors shall not exceed fifteen (15). 3 The Board shall make recommendations to the City Commission concerning the administration, management, and operation of the Zone. The Board shall prepare and adopt aj project plan and a reinvestment zone financing plan for the Zone and submit such plans to the City Commission fori its approval. The Board shall perform all duties imposed upon it by Chapter 311 ofthe Texas Tax Code and all other applicable laws. Notwithstanding anything to the contrary herein, the Board shall not be authorized to ()i issues bonds; (ii) impose taxes or fees; (ii) exercise the power of eminent domain, or (iv) give final approval to the Zone's project plan and financing plan. SECTION3. DURATION OF THE ZONE. That the Zone shall take effect immediately upon the passage and approval of this Ordinance, consistent with Section 311.004(a)(3) of the Act, and termination of the Zone shall occur upon any of the following: (i) on December 31, 2054 (with the final year's tax increment tol be collected by september1,2055); (ii) at an earlier time designated by subsequent ordinance; (iir) at such time, subsequent to the issuance of tax increment bonds, if any, that all project costs, tax increment bonds, notes and other obligations of the Zone, and the interest thereon, have been paid in full, in accordance with Section 311.017 of the Act. SECTION 4. TAX INCREMENT BASE AND TAXINCREMENT. That the tax increment base for the Zone, as defined by Section 311.012(c) ofthe Texas Tax Code, shall be the total appraised value of all real property in the Zone taxable by ataxing unit, determined as ofJanuary 1,2024, which ist the year in which the Zone was The TIF Fund shall consist of (i) the percentage of the tax increment, as defined by Section 311.012(a) of the Texas Tax Code, that each taxing unit which levies real property taxes in the Zone, other than the City, has elected to dedicate to the TIF Fund under an agreement with the City authorized by Section 311.013(f) of the Texas Tax Code, (ii) fifty percent (50%) of the City's tax increment, as defined by section 311.012(a) of the Texas Tax Code, subject to any binding agreement executed at any time by the City that pledges a portion of such tax increment or an amount of other legally available funds whose calculation is based on receipt ofany portion ofsuch tax designated as ai reinvestment zone. increment. SECTION5. TAX INCREMENT FUND. That there is hereby created and established a "Tax Increment Fund" for the Zone which may be divided into such subaccounts as may be authorized by subsequent ordinance, into which all tax increments of the City, as such increments are described in the final project plan and reinvestment zone financing plan and may include administration costs, less any of the amounts not required tol bej paid into the Tax Increment Fund pursuant to the Act, are to be deposited. The Tax Increment Fund and any subaccounts are to be maintained in an account at the affiliated depository 4 bank of the City and shall be secured in the manner prescribed by law for funds of Texas cities. In addition, all revenues from () the sale of any obligations hereafter issued by the City and secured in whole ori in part from the tax increments; (ii) the sale ofany property acquired as] part ofat taxi increment financing plan adopted by thel Board; and (iii) other revenues dedicated to and used in the Zone shall be deposited into the TIF Fund. Prior to the termination oft the Zone, money shall be disbursed from the Tax Increment Fund only to pay project costs, as defined by the Texas Tax Code, for the Zone, to satisfy the claims of1 holders of tax increments bonds or notes issued for the Zone, or to pay obligations incurred pursuant to agreements entered into to implement the project plan and reinvestment zone financing plan and achieve their purpose pursuant to Section 311.010(b), Texas Tax Code. SECTION6. SEVERABILITY CLAUSE. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional ori invalid. SECTION 7. OPEN MEETINGS. It is hereby found, determined, and declared that sufficient written notice oft the date, hour, place and subject ofthei meeting ofthe City Commission at which this Ordinance was adopted was posted at aj place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding its meeting, as required by Chapter 551 of the Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Commission further ratifies, approves and confirms such written notice and the contents and posting thereof. 5 SECTION8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption and publication in accordance with and as provided by law. INTRODUCED on this the 10th day ofJune, 2024. PASSED AND APPROVED on1 thist the 24th day of] June, 2024. Effective: CITY OF KINGSVILLE Sam Fugate Mayor ATTEST: Mary Valenzuela City Secretary APPROVED ASTOFORM: Courtney Alvarez City Attorney 6 EXHIBITA BOUNDARY DESCRIPTION Beginning at the point where the western right ofway boundary ofN. Armstrong Street meets the East along the northern right of way boundary of W.] F Avenue to the point it meets the eastern South along the eastern right of way boundary ofN.1 1st Street to the point it meets the northern East along the northern right of way boundary of W. Corral Avenue to the point it meets the South across W. Corral Avenue to the point the southern right ofway boundary of W. Corral Avenue meets the western right of way boundary of Railroad Street, thence West along the southern right of fway boundary of W. Corral Avenue to the point it meets the South along the eastern right ofway boundary ofN. Ist Street to the point it meets the southern West along the southern right ofway boundary of W. Mesquite Avenue to the point it meets the South along the eastern boundary of Property ID: 22344 to the point it meets the eastern boundary South along the eastern boundary of Property ID 20018 to the point it meets the northern right of South across W. D. Avenue to the northeast corner ofl Property ID 13403, thence northern right of way boundary of W.FAvenue, thence right of way boundary ofN. 1st Street, thence right of way boundary ofw. Corral Avenue, thence western right ofway boundary of] Railroad Street, thence eastern right ofv way boundary ofN. 1st Street, thence right ofway boundary of W. Mesquite. Avenue, thence northeast corner of] Property ID: 22344, thence ofP Property ID 20018, thence way boundary of W. D. Avenue, thence South along the eastern boundary ofProperty ID 13403 to the point it meets the northern right of way boundary of W.CA Avenue, thence South across W.C Avenue to northeast corner of] Property ID 18037, thence West along the southern right of way boundary ofW.CA Avenue to the point it meets the eastern South along the eastern right of way boundary ofN. Armstrong Street to the point it meets the East along the northern right of way boundary of W.. Avenue A to the point it meets the southeast South across W. Avenue. A to the northeast corner of Property ID 13309, thence South along the eastern boundary of Property ID 13309, continuing west along the boundary of Property ID 13309, continuing west to the southeast corner ofProperty ID 16706, thence right of way boundary ofN. Armstrong Street, thence northern right of way boundary of W.. Avenue. A, thence corner of Property I 15255, thence 7 West along the southern boundary ofl Property ID 16706 to the point it meets the eastern right of South along the eastern right of way boundary ofN. Armstrong Street to1 the point it meets the East along the northern right of way boundary of W. Nettie. Avenue to the point it meets the South across W. Nettie. Avenue to the northeast corner ofl Property ID 23758, thence South along the eastern boundary of Property ID: 23758, continuing south to the northeast corner South along the eastern boundary ofI Property ID: 25284 to the point it meets the northern right of East along the northern right of way boundary ofW. Ella Avenue to the point it meets the eastern South along the eastern right of way boundary ofN. Wells Street to the point it meets the East along the northern boundary of Property ID 11998, continuing east to the point the northeast corner of Property ID 11936: meets the western right of way boundary ofN. 2nd Street, thence North along the western right of way ofN 2nd Street to the point it meets the northern right of East along the northern right of way boundary of W. Nettie. Avenue to the point it meets the South along the eastern right of way boundary ofN.3 3rd Street to the point it meets the southwest West across N. 3rd Street to the point it meets the southeast corner ofl Property ID 18226, thence West to thej point the southwest corner ofl Property ID: 20218: meets the eastern right of way South along the eastern right of way boundary ofN. Wells Street to the point it meets the West along the southern right ofv way boundary ofW. Richard Avenue to the point it meets the South along the eastern boundary ofl Property ID 18032, continuing south to the northeast corner South along the eastern boundary of] Property ID 129181 to the point it meets the northern right of South across W.. Alice. Avenue to the northern boundary of] Property ID: 24002, thence West along the southern right of way boundary of W.. Alice. Avenue to the point it meets the way boundary ofN. Armstrong Street, thence northern right of way boundary of W. Nettie Avenue, thence southeast corner ofProperty ID: 22766, thence ofProperty ID: 25284, thence way boundary of W. Ella Avenue, thence right ofway boundary ofN. Wells Street, thence northwest corner of Property ID11998, thence way boundary of W. Nettie. Avenue, thence eastern right ofway boundary ofN.3 3rd Street, thence corner of] Property ID: 20221, thence boundary ofN. Wells Street, thence southern right of way boundary ofW. Richard Avenue, thence northeast corner ofl Property ID 18032, thence of Property ID 12918, thence way boundary of W.A Alice. Avenue, thence eastern right of way boundary ofN. Armstrong Street, thence 8 South along the eastern right of way boundary ofN. Armstrong Street to the point it meets the East along the northern boundary of] Property ID: 22010, continuing south along the eastern boundary of] Property ID: 22010 to thej point it meets the northern right of way boundary of W. South across W. Kleberg Avenue to the northeast corner ofProperty ID 13752, thence South along the eastern boundary of Property ID 13752 to the northern boundary ofl Property ID East to the point the eastern right ofway boundary of S. Wells Street meets the northwest corner South along the eastern right of way boundary ofs. Wells Street to the point it meets the West across S. Wells Street to the point the western right of way boundary of S Wells Street West to the point the southeast corner of] Property ID 25673 meets the western right of way North along the western right of way boundary of S. Wanda Drive tot the point it meets the northwest corner of] Property ID: 22010, thence Kleberg Avenue, thence 16224, thence ofProperty ID25165, thence southwest corner of Property ID: 20261, thence meets the southeast corner of Property ID 16278, thence boundary of S. Wanda Drive, thence southeast corner of Property ID: 22667, thence East to the southwest corner ofl Property ID 13230, thence right ofv way boundary of W. Kleberg Avenue, thence North along the western boundary ofl Property ID 132301 to the point thati it meets the southern North across W. Kleberg Avenue to the southwest corner of] Property ID 25903, thence North along the western boundary of] Property ID 25903, continuing east along the northern boundary to the point it meets the northwest corner ofl Property ID 24402, thence East along the northern boundary of Property ID: 24402 to the point it meets the western right of North along the western right of way boundary ofN. Armstrong Street to the point it meets the northern right of way boundary of W.F Avenue, which is thej point of beginning. way boundary ofN. Armstrong Street, thence 9 EXHIBITB BOUNDARY MAP -TIRZI Boundary 10 : :533 S . EXHIBITC PRELIMINARY PROJECT PLAN AND! FINANCE PLAN 11 I X IM m I4 m M IEL IMA IAJA! AA AAM II M MHI I HI I HE I IAI MI FAI I 1a5 II BAI IHI 3! 151 44 # S IM I 1 IA : 1 I I 1 IA I 1 H I 1 I : t IA : 1 IM I IMI 1 I 1-1 B Bt I Bi HA -E IE 1 IMI 1 II 11 MI 1I 1191 B II : I - : II I 31 II I BI 1I 1 IL 14) I H : m B I II - II BI I B A M I I BA M I I I MI I M I M I : M IPI M IA I MA I M m BI AI MI AI BI 1BI M BI MI 11 - E) III 1 IMAI 1 HI BI 1 IAA 11 HA BA4 m II 1 1 I * E I - " EET *I "I mI 114 I *1 m #I FF 913 "I * A " ' m II " II " " A. I I I I N HAAI 15 I * #I I I " "I "I 3a33 AN *1 m I "I m II m MP "A. a "3 #I - * I * m m IEE 333 B " E 55 A B ' M I My " II B " m BS " "I I a EI BI BN 1A I I H B N 313 B 5 ME I M E 35 AMI ME AE M II AEV I I R E 1BA - 5 BA BB m I I E 4711 BASI 133 ABSI 955 : 3 BAL ERI B4I 1M4I EA31S "I a a AGENDA ITEM #12 City of Kingsville Police Department TO: CC: FROM: DATE: Mayor and City Commissioners Mark McLaughlin, City Manager John Blair, ChiefofPolice 5/24/2024 SUBJECT: Request for Resolution for the execution of an MOU between the Kingsville Police Department and the National Insurance Crime Bureau (NICB) Summary: The Police Department respectfully seeks the City Commission's approval to enter into a Memorandum ofUnderstanding (MOU) with the National Insurance Crime Bureau (NICB). This partnership is critical for enhancing our department's capabilities in various complex criminal The proposed collaboration between the Kingsville Police Department (KPD) and the NICB is designed to significantly strengthen our investigative reach and efficiency. By partnering with NICB, KPD will gain access to a wealth ofresources and specialized support that are essential for investigations. Background: tackling al broad spectrum of criminal activities, including: Fraud detection and investigation Recovery of stolen and cloned vehicles Disruption oft theft rings Recovery ofl heavy equipment Investigation of complex criminal enterprises This MOU will enable KPD to leverage NICB's extensive databases, case preparation assistance, and participation in Regional Task Forces operating nationwide. These tools will: facilitate seamless information sharing, fostering greater cooperation and synergy between law enforcement entities. Byi integrating NICB's resources into our operations, we enhance our ability toj proactively address emerging threats and ensure the safety and security of our community. The strategic advantages oft this partnership include: y Kinosville. EXAS City of Kingsville Police Department Improved investigative capabilities through access to comprehensive NICB databases. Streamlined case preparation and claim file exchange. Enhanced cooperation with national and regional law enforcement agencies Increased efficiency in combating organized crime and fraud. Financial Impact: Recommendation: No cost is associated with the MOU with the National Insurance Crime Bureau. We request a resolution to enter into an MOU with the National Insurance Crime Bureau. Kinosville TEXAS RESOLUTION #2024- A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUMI OF UNDERSTANDING BETWEEN THE CITY OF KINGSVILLE POLICE DEPARTMENT AND THE NATIONAL INSURANCE CRIME BUREAU FOR LAW ENFORCEMENT ISO CLAIMSEARCH ACCESS; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kingsville ("City") promotes the health and safety of the community and supports City departments in efforts to partner with other agencies to improve communication strategies and services for citizens; WHEREAS, the City's Police Department has worked to develop a Memorandum of Understanding with the National Insurance Crime Bureau ("NICB") for Law Enforcement ISO Claimsearch Access to enhance the Department's capabilities WHEREAS, the proposed collaboration is designed to significantly strengthen WHEREAS, there is no discernable financial impact to the City under the terms WHEREAS, the Chief of Police would be the authorized signatories for the inv various complex criminal investigations; the Department's investigative reach and efficiency; of the Memorandum of Understanding; Kingsville Police Department's participation in the agreement. BE IT RESOLVED by the City Commission of the City of Kingsville, Texas: I. THAT the Chief of Police is authorized and directed as an act of the City of Kingsville, Texas to enter into a Memorandum of Understanding with the National Insurance Crime Bureau for Law Enforcement ISO Claimsearch Access, in accordance with Exhibit A hereto attached and made a parthereof. II. THAT all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict only. 1 III. THAT this Resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote oft the City Commission on the 10th day of June 2024. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 LAWENFORCEMENT ISO CLAIMSEARCH ACCESS MEMORANDUM OF UNDERSTANDINGS This Law Enforcement ISO ClaimSearch Access Memorandum ofUnderstanding ("MOU")is made and entered into by and between the National Insurance Crime Bureau ("NICB"), an Illinois not-for-profit corporation located at 1515 W. 22nd Street, Suite 1300W, Oak Brook, Illinois 60523 and the law enforcement agency identified on the signature page hereto ("Agency") ("NICB" and, together with "Agency," hereafter referred to from time to time individually as Party" or collectively as "the Parties") and is effective as of the date of the last signature tot this Agreement ("Effective Date"). RECITALS WHEREAS, NICB is an Illinois not-for-profit corporation dedicated to fighting insurance- related crime and fraud, and gathering and disseminating information related to insurance crime and fraud for the benefit of NICB member companies, law enforcement, regulatory WHEREAS, Verisk Analytics Inc. ("Verisk") owns ISO ClaimSearch, and NICB contracts with Verisk in order to credential and provide law enforcement agencies and their personnel access to. ISO ClaimSearch on the condition that NICB pass through certain terms to the law WHEREAS, Agency is a law enforcement agency whose mission is to protect and serve the WHEREAS, NICB. and. Agency desire to work together to exchange information and data that will allow both Parties to more easily detect and prevent insurance-related crime and fraud; NOWTHEREFORE, in consideration oft thej promises and obligations contained in this MOU, and other good and valuable consideration the receipt and sufficiency of which are hereby 1. Access. Subject to the terms of this MOU, during the Term, NICB hereby grants to Agency a non-exclusive, non-transferable, non-assignable, limited, revocable right to allow employees with access credentials within their organization the right to access and use the ISO ClaimSearch for: ()investigating or prosecuting crime, including but not limited to insurance-related crime and fraud; and (2) investigating or prosecuting individuals relevant to homeland security activity. (collectively the "Purpose"). 2. Access Credentials. In order to access the ISO ClaimSearch, Agency must appoint an administrator ("Administrator") to receive access credentials to the ISO ClaimSearch. The Administrator, in turn, may designate individuals employed by Agency authorities and the general public; and enforcement agency; people oft the applicable jurisdiction; and acknowledged, the Parties agree as follows: ("Designees") to receive access credentials to ISO ClaimSearch. 3. Confidentiality. A. All non-public information and data contained within ISO ClaimSearch pursuant to this Agreement shall be considered as confidential information 1 ("Confidential Information"). Confidential Information shall be held in the strictest confidence and shall not be released, disseminated, used, accessed, copied, shared, transferred, or disclosed by Agency, except as strictly necessary B. Confidential Information shall not include any information, however designated or marked, that: (i) is publicly available, or subsequently becomes publicly available, after the time it was communicated to the recipient through no breach of this MOU by the recipient; (ii) was in the recipient's possession free ofany obligation ofconfidence priort to being communicated to the recipient by the disclosing party, or is in the recipient's possession free ofa any obligation of confidence subsequent to the time it was communicated to the recipient by the disclosing party; (in) is independently developed by employees or agents, without use oft the data contained in the ISO ClaimSearch, of the recipient and can be so proven by recipient; or (iv) is obtained by the receiving party from a third party lawfully in possession ofs such information and without a breach of C.Its shall not be a violation of Section 3 of this MOU for Agency to disclose Confidential Information as required by standard legal procedure in order to prosecute crime. Further, disclosure is permitted in response to a lawful subpoena or other legal process served upon Agency or where applicable law requires the disclosure of Confidential Information, provided that: (i) if not prohibited under applicable law, Agency, prior to disclosing such information, gives reasonable written notice to NICB. sufficient to permit NICB to seek a protective order ifits sO chooses; and (ii) in all cases, Agency discloses only that information that is legally required to be disclosed. For clarity, any of the Confidential Information Agency discloses pursuant to this Section 3. C. shall remain subject to the confidentiality requirements under this MOU for all for the Purpose. such third party'so obligations of confidentiality. other purposes. 4. Agency Obligations. Ine exchange for access tol ISO ClaimSearch, the. Agency agrees to comply with the following obligations: A. Administrator. Agency shall appoint an Administrator who shall be identified to NICB and shall be responsible for adding or removing Designees, as appropriate, as well as maintaining a list ofactive Designees. Nol Designee may be granted access to ISO ClaimSearch without Administrator approval. The Administrator shall be the Agency contact responsible for fulfilling Agency B. Designees. Designees shall be restricted to active Agency employees who: (1) are in good standing and not under suspension for any criminal or civil violation, or under active criminal investigation or indictment ("Good Standing"); and (2) have a need to know the Confidential Information for the obligations required under this MOU. Purpose. 2 C. Vetting. Ageney shall have in place a vetting process to ensure minimum standards for each Designee to qualify for access to ISO ClaimSearch are met, including the following determinations for each Designee: thel Designee's need for access; ii. which level ofa access is required for the Designee and for what purpose; iii. ensuring Designee's: access conforms to this. Agreement; iv. ensuring Designee's access: is based on the Designee's need tol know in order to carry out the Purpose; and V. documenting the above determinations. D. Responsibility. The Administrator shall be responsible for, and shall supervise and control, all Designee access to ISO ClaimSearch. The Administrator shall implement an internal process whereby Designee usage is documented and monitored to ensure that that Designee usage conforms with the Purpose and this MOU. Agency shallimmediately: notify NICB ofany access or usage ofISO ClaimSearch that does not comply with this Agreement and shall prohibit Designee from any further access or usage of ISO ClaimSearch until future E. Training. Agency shall ensure that Designees complete all training and certifications required in order to gain access; and all periodic training either assigned by NICB, the ISO ClaimSearch platform, or otherwise in order to F.. Termination of Access. Agency shall immediately terminate Designee's access access is expressly approved, in writing, by NICB. maintain access. to ISO ClaimSearch: 1. when. Designee'si is no longer employed by Agency; ii. when Designee nol longer. has al legitimate! Purpose to have access tol ISO ClaimSearch; or iii. ifal Designee is no longer in Good Standing. G. Privacy and Security Policies. Agency will, at all times, ensure that access and use ofISO ClaimSearch complies with the NICB. Privacy and Security Policy, and the ISO Privacy and Security Policies, including any updates and H. Controls for the Protection of Confidential Information. Agency shall maintain during the term of this MOU, and at all times thereafter in which Agency maintains Conidentiallnormation in its possession or control, ani information security program that provides for the administrative, technical, and physical safeguards designed to adequately protect the security and confidentiality of Confidential Information in Agency's possession or control in accordance with amendments that may be issued from time to time. 3 applicable federal, state and local laws, rules, and regulations. At a minimum, Agency's safeguards for the protection of Confidential Information shall include: limiting access of Comfdentallmformation to authorized employees; ii. maintaining an adequate network firewall; iii. securing business facilities, data centers, paper files, servers, backup systems, and computing equipment, including but not limited to devices iv. implementing secure storage and disposal of Confidential Information; V. implementing authentication, and access controls within operating vi. implementing appropriate personnel security and integrity procedures and practices, including conducting background checks consistent with applicable law and providing appropriate privacy and information with: information storage capability; systems and equipment; and security training to. Agency employees. 5. Audits. NICB may issue a security assessment questionnaire and conduct independent onsite security assessments of Agency related to Agency's compliance this Agreement. For any onsite inspection, NICB will provide at least 30 days prior written notice. Such assessments shall not occur more than once per calendar year, at a time that minimizes operational interruptions to Agency. Agency's failure to adequately respond in a1 timely manner to a security assessment questionnaire, timely submit to an onsite inspection, or timely or adequately, in NICB's sole determination, remedy any compliance or security concern raised by NICB, may result in immediate suspension of Agency's ISO ClaimSearch access pursuant to Section 10 oft the MOU. 6. Security Breach. A. Notification. Agency shall promptly, but in no case. later than 48 hours, notify NICB of any significant risk, whether confirmed or based upon a good faith determination, to Confidential Information, to include unauthorized or improper access to, or use or disclosure of, Confidential Information while in the possession or control of Agency, its Administrator, or its Designees B. Mitigation and Cooperation. Agency shall promptly implement steps to remediate and mitigate the effects of any Security Breach. Agency shall cooperate with reasonable requests for information from NICB or its representatives regarding the Security Breach. To the extent possible, Agency shall promptly provide a written description oft the number ofindividuals' data involved, the location (i.e., State) of the individuals, the amount of data involved, the type of data involved and any other relevant information ("Security Breach"). 4 reasonably requested by NICB or as otherwise required to be provided by applicable law. 7. Representations: and Warranties. Agency represents and warrants the following: A. Agency is a professional, reputable, and trustworthy organization that serves B. Agency is not under suspension for any criminal or civil violation; or under C. Agency will not] provide access to any Designee who is noti in Good Standing. D. Agency, its Administrator, and its Designees have a justifiable reason for requiring access to ISO ClaimSearch that is consistent with the Purpose. E. Agency either (a) has an established working relationship with NICB, or (b) will take steps in order to establish a new: relationship with NICB. F. Agency agrees to comply with all applicable federal, state, and local data privacy and security laws, rules and regulations, and applicable industry the public. active.criminal investigation or indictment. standards related to or concerning the protection of data. 8. Indemnity. To the extent permissible by law, Agency shalli indemnify, defend and hold NICB harmless from all third-party lawsuits, claims, liabilities, damages, settlements, judgments, or expenses, including NICB's costs and reasonable attorney fees, which arise as a result of Agency's material breach of this Agreement, negligent 9. Disclaimer of Warranties. Limited Use; No Reliance. Information contained within ISO ClaimSearch is provided "AS IS, WHERE IS" and intended to be used as investigative leads only, in suportofinvestigations: of criminal activity in accordance with the Purpose. Agency should not make prosecution decisions based solely upon information contained in ISO ClaimSearch. NICB HEREBY DISCLAIMS ALL WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABINTY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION acts or omissions, or willful misconduct. CONTAINED WITHIN ISO CLAIMSEARCH. 10. Term and Termination. A. Term. This MOU shall commence as of the Effective Date and will remain in effect until either Party terminates this MOU by providing 30 days' written notice to the other party ofthe termination whereupon the MOU will terminate B. Immediate Termination. NICB may immediately terminate this MOU if the Agency materially breaches its obligations under this MOU. 11. Survival. Upon termination oft this MOU, the provisions of this MOU concerning the ongoing interests oft the parties shall continue and survive in full force and effect. at the end oft the 30-day notice period. 5 12., Assignment. Neither Party may assign or transfer any rights or obligations under this MOU without the prior written consent oft the other Party. Any attempt to transfer all or part ofe either Party'sr rights or obligations without such consent is null and void and 13. Notices. All notices between the parties will be in writing and will be delivered as follows, with notice deemed given as: indicated (a) by personal delivery, when delivered personally; or (b) by overnight courier, upon the courier's confirmation of delivery. In either case, a copy shall be sent via email. Notices to the Agency will be sent to the email and address provided by Agency at the time of application for credentialing. Notices to NICB will be sent to the addresses, including e-mail addresses, set forth as follows, or such other address as: is provided by notice as set forth herein: of no effect. Nationallnsurance Crime Bureau 1515 W. 22nd Street Suite1300W Oak Brook, IL 60523 Attn: General Counsel Email: NICBGeneralCounsel@nicb.org 14. Severability. Any term or provision of this MOU held to be illegal or unenforceable will, if possible, be interpreted sO as to be construed as valid, but in any event the validity or enforceability of the: remainder hereofwill not be affected. 15. No Waiver. The waiver of, or: failure to enforce, any breach or default hereunder will not constitute the waiver of any other or subsequent breach or default. 16. No Joint Venture. The relationship of the parties hereunder will be that of two independent contracting parties, and nothing herein will be deemed to create a joint venture, partnership, agency or employerlemployee relationship. In no event will either party bej permitted to make any. MOU, or: represent thati iti is authorized to make any MOU, on behalf oft the other party, without the prior written consent of such other 17. Entire Agreement. This MOU sets forth the entire agreement between the parties related to the subject matter herein, and supersedes any and all prior agreements, proposals, understandings, discussions, MOUS, and representations between them, whether written or oral. This MOU may be changed only by mutual MOU of the parties in writing. This MOU may be executed in counter-parts with electronic party. signatures to be deemed valid and binding. [Signatures immediately toj follow on page 7of7 6 IN WITNESS WHEREOF, the parties hereto have caused this MOU tol be executed by their duly authorized representatives. National Insurance Crime Bureau Agency: ORI or ORIs to which this MOU applies: Signed: Name: Title: Date: Signed: Name: Title: Email: Date: 7 AGENDA ITEM #13 City of Kingsville Police Department TO: CC: FROM: DATE: Mayor and City Commissioners Mark McLaughlin, City Manager John Blair, ChiefofPolice 5/28/2024 SUBJECT: Request for Resolution for the execution of an MOU between the Kingsville Police Department and the Texas Comptroller of] Public Accounts. Summary: The Kingsville Police Department respectfully seeks the City Commission's approval to enter into al Memorandum ofUnderstanding (MOU) with the Texas Comptroller of] Public Accounts (CPA). This partnership is crucial for augmenting our department's capabilities in addressing various The proposed collaboration between the Kingsville Police Department (KPD) and the CPA is designed to significantly enhance our investigative reach and efficiency. By partnering with CPA, KPD will gain access to a wealth ofresources and: specialized support that are essential fortackling complex criminal investigations. Background: abroad spectrum of criminal activities, including: Fraud detection and investigation Monitoring nefarious activities at car dealerships tobacco products, e-cigarettes, and vape pens. Oversight of businesses requiring permits to sell alcoholic beverages, cigarettes, cigars, By leveraging the CPA's extensive databases and authoritative capabilities, KPD will be better equipped to address emerging threats, thereby ensuring the safety and security of our community. Financial Impact: Recommendation: No cost is associated with the MOU with the Texas Comptroller ofPublic Accounts. We request ai resolution to enter into an MOU with the' Texas Comptroller of Public. Accounts. y Kingsville. TEXAS RESOLUTION #2024- A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF KINGSVILLE POLICE DEPARTMENT AND THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kingsville ("City") promotes the health and safety of the community and supports City departments in efforts to partner with other agencies to improve communication strategies and services for citizens; WHEREAS, the City's Police Department has worked to develop a Memorandum of Understanding with the Texas Comptroller of Public Accounts ("CPA") to augment the Department's capabilities in addressing various complex criminal WHEREAS, the proposed collaboration is designed to significantly enhance the WHEREAS, there is no discernable financial impact to the City under the terms WHEREAS, the Chief of Police would be the authorized signatories for the investigations; Department's investigative reach and efficiency; of the Memorandum of understanding; Kingsville Police Department's participation in the agreement. BE IT RESOLVED by the City Commission of the City of Kingsville, Texas: I. THAT the Chief of Police is authorized and directed as an act of the City of Kingsville, Texas to enter into a Memorandum of understanding with the Texas Comptroller of Public Accounts, in accordance with Exhibit Al hereto attached and made a part hereof. II. THAT all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict only. 1 III. THAT this Resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote of the City Commission on the 10th day of June 2024. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 CPA CID. Agreement # 2024-04 Texas Comptroller of] Public. Accounts Under the' Texas Tax Code Reciprocal. Agreement for Exchange of Confidential Information This Reciprocal Agreement ("Agreement") is entered into by and between the Texas Comptroller of Public Accounts ("CPA") and Kingsville Police Department ("Entity"). LDeclaration of Entity Type Ina accordance with Section 111.006(e) oft the Texas Tax Code, Entity certifies that iti is a' Texas law enforcement officer. II.CPA's Authorization to Examine Confidential Information; Reciprocal Agreement A. In accordance with the terms oft this Agreement, CPA authorizes Entity to examine certain information as set forth in Attachment A, which is made confidential by Title 2 of the Texas Tax Code ("Confidential Information"). Entity shall submit its request(s) to examine Confidential Information to the CPA Criminal B. IfE Entity requests to examine Confidential Information described in Section 1 of Attachment A, Entity will allow CPA to examine tax information under the control of Entity in a manner substantially equivalent to Entity's access to Confidential Information, as required by Section 151.027(C)(1) of the Texas Tax Code. In the event that CPA obtains confidential tax information: from Entity under this Agreement, CPA shall comply with Sections III and IV oft this Agreement as the receiving party of confidential information. Investigations Division. II. Security of Confidential Information Received A. Entity shall take all necessary and appropriate action within its abilities to safeguard the Confidential Information provided under this Agreement and to protect the Confidential Information from unauthorized B. Entity shall comply with all applicable state and federal laws and regulations gamrdingcomidemtaliy, privacy, C. Entity shall dispose of the Confidential Information received under this Agreement in a secure manner after Entity'si intended use of the Confidential Information! has been fulfilled andi in accordance with Entity'srecord D. Entity shall provide notice to CPA as soon as possible following the discovery or reasonable belief that there has been unauthorized use, exposure, access, disclosure, compromise,n modification, orl loss ofsensitive personal information or confidential information under this Agreement ("Security Incident"). CPA and Entity will exchange confidential, detailed security and Security Incident information only between the Information Security Officers for CPA and Entity subject to the mutually agreed restrictions regarding further internal or external dissemination ofs such confidential: information within each agency. CPA and Entity may also disclose confidential, detailed security and Security Incident information tol law enforcement authorities as required. To the extent such security and Security Incident information is confidential pursuant to Sections 2054.077, 2059.055, and 552.139, Texas Government Code or other applicable state or federal law, each party shall comply with all applicable statutory requirements and restrictions regarding dissemination of such disclosure. and security pertaining to the Confidential Information provided under this Agreement. retention policies. information. Rev. 10-26-20 Page 1 of3 CPA CID. Agreement # 2024-04 IV.E Re-dissemination of Confidential Information Not Authorized; Exception A. Except as provided for in Part B of this Section IV, Entity shall not disseminate any Confidential Information B. Pursuant to Section 111.006(c) oft the Texas Tax Code, CPA authorizes Entity to use information or records obtained under this Agreement in aj judicial or administrative proceeding in which the State of Texas, another I Ifdissemination is requested by a third-party entity, Entity shall promptly notify CPA of such request. Entity will direct the third-party entity requesting access to Confidential Information to contact CPA sO that CPA can assess the eligibility ofs such third-party entity to receive Confidential Information. IfCPA determines that the requesting third-party entity is eligible, such third-party entity will execute its own information exchange obtained through this Agreement. state, or the federal government is aj party. agreement with CPA. V.Term; Termination; Amendment; EffectofTermination A. This Agreement is effective upon the date oft the last Party tos sign (the "Effective Date") and will continue for ap period of four (4); years from thel Effective Date, unless otherwise sooner terminated as provided herein. B. The obligations under Sections III and IV ofthis Agreement shall survive the expiration or early termination of C. This Agreement is subject to termination for convenience upon thirty (30) days written notice by either party tot the other. CPA shall have no liability whatsoever to any other party, person, agency, or entity upon this Agreement. termination ofthis Agreement for any reason, whether for cause or for convenience. D. This Agreement may be amended only in writing by an instrument signed by CPA and Entity. VI. General A. Assignment. No assignment of this Agreement or of any right accruing hereunder shall be made, in whole or part, by either Party without the prior written consent of the other, unless authorized by law. B. Dispute Resolution. The Parties agree to use good-faith efforts to resolve all questions, difficulties, or disputes of any nature that may arise under or by this Agreement; provided however, nothing in this paragraph shall preclude . No Waiver. This Agreement shall not constitute or be construed as a waiver of any oft the privileges, rights, defenses, remedies, or immunities available to either party or otherwise available to the party. The failure to enforce or any delay in the enforcement of any privileges, rights, defenses, remedies, or immunities available to aj party under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, ori immunities or be considered as al basis for estoppel. Neither party waives any privileges, rights, defenses, or immunities available to it by entering into this Agreement or by its conduct prior to or D. Severability. If one or more provisions are deemed invalid, illegal, or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provision and this Agreement shall be construed as ift the invalid, illegal or unenforceable provision had never been contained herein. E. Headings. The headings usedi in this Agreement are: for ease ofreference only and will not be used to interpret either Party from pursuing any remedies available under Texas law. subsequent to entering into this Agreement. any aspect ofthis Agreement. Rev. 10-26-20 Page 2of3 CPA CID. Agreement # 2024-04 F. Survival. The expiration or termination of this Agreement shall not affect the rights and obligations of the Parties accrued prior to the effective date of expiration or termination and such rights and obligations shall G. Governing Law. This Agreement is governed by and construed under and in accordance with the laws oft the survive and remain enforceable. State of Texas. VII. Notices Any legal notice relating to this Agreement shall bei in writing and shall be addressed to the receiving party at the address specified below. 1. The address of CPA for all purposes under this Agreement and for all notices hereunder shall be: James Harris Chief, Criminal Investigations Division Texas Comptroller of Public. Accounts 208 E. 10th Street, Room 206 Austin, Texas 78701 2. The address ofl Entity for all purposes under this Agreement and for all notices hereunder shall be: John Blair ChiefofP Police Kingsville Police Department 17001 E. King Kingsville, Texas 78363 VIII. Merger This Agreement, together with Attachment A which is incorporated herein by this reference, contains the entire agreement between the Parties relating to the rights granted and the obligations assumed in it. Any oral representations or modifications concerning this Agreement shall be of no force or effect unless contained in a subsequent writing, signed by both Parties. This Agreement supersedes any other reciprocal agreement previously made by CPA and Entity, and any other reciprocal agreement previously made by CPA and Entity is terminated. The undersigned signatories represent and warrant that they have full authority to enter into this Agreement on behalfoft the respective Parties. This Agreement may be executed in one or more counterparts, each of whichi is an IX. Signatories original, and all of which constitute only one agreement between thel Parties. Texas Comptroller of Public. Accounts Chief, Criminal Investigations Division Kingsville Police Department BY: NAME: John Blair TITLE: ChiefofPolice DATE: Page3of3 BY: James Harris DATE: Rev. 10-26-20 CPA CID Agreement #: 2024-04 Attachment A: Types of Confidential Information 1. Ina accordance with Section 111.006(e) oft the Texas Tax Code, CPA authorizes Entity to examine Confidential Information listed in this Section 1 of Attachment A, and, as required by Section 151.027(c)(1) oft the Texas Tax Code, Entity will allow CPA to examine tax information under the control of Entity in a manner substantially equivalent tol Entity's access to Confidential Information. A. Information from CPA Relating to Sales Tax. . As set forth in Section 151.027(a) of the Texas Tax Code, information in or derived from a record, report, or other instrument: required to be: furnished under Chapter 151 ofthe' Texas Tax Code. ii. As set forth in Section 151.027(b) of the Texas Tax Code, information secured, derived, or obtained during the course of an examination of a taxpayer's books, records, papers, officers, or employees, including the business affairs, operations, profits, losses, and expenditures oft the taxpayer. 2. Ina accordance with Section 111.006(e) oft the Texas Tax Code, CPA authorizes Entity to examine Confidential A. Information: from CPA Examinations (Not Motor) Fuels). As set: forthi in Section 111.0064)2)ofthe' Texas Tax Code, alli information secured, derived, or obtained by CPA during the course of an examination oft the taxpayer's books, records, papers, officers, or employees, including an examination of the business affairs, B. Information from CPA Examinations Relating to Motor Fuels Tax. As set forth in Section 111.006(g) of the Texas Tax Code, all information secured, derived, or obtained by CPA during the course of an examination of the taxpayer's books, records, papers, officers, or employees, including an examination of the business affairs, operations, sources of income, profits, losses, or expenditures of the taxpayer that Information listed int this Section 2 of Attachment A. operations, source ofi income, profits, losses, or expenditures oft thet taxpayer. relates to thet taxpayer'sr responsibilities under Chapter 162 of the Texas' Tax Code. C. HB11Data for Alcoholic Beverages, Cigarettes, and Cigar/Tobacco Products. . As set forth in Section 151.462 of the Texas Tax Code, monthly reports by a brewer, manufacturer, wholesaler, distributor, or package store local distributor ofi its alcoholic beverage sales to retailers in ii. As set forth in Sections 154.212 and 155.105, monthly reports by a wholesaler or distributor of D. Financial Information Contained in Cigarette and Cigar/Tobacco Product Permit Applications. Texas. cigarettes, cigars, and tobacco products ofi its sales to retailers in Texas. As set forth in Sections 154.101(e) and 155.041(e) of the Texas Tax Code, the following information furnished by each corporation, association, joint venture, syndicate, partnership, or proprietorship: financial information regarding the applicant and the identity of each officer director, stockholder owning 10j percent or more oft the outstanding stock, partner member, owner,. or managing employee. ii. As set forth in Sections 154.101(f) and 155.041(f) of the Texas Tax Code, the following information submitted by a distributor, wholesaler, and retailer that applies fora a permit to sell cigarettes or tobacco products from a vehicle: the make, model, vehicle identification number, registration number, and any other information required by CPA. Rev. 10-26-20 Page 1 of2 Attachment CPA CID Agreement # 2024-04 3. In accordance with Section 171.210(b)(2) of the Texas Tax Code, CPA authorizes Entity to examine A. Certain Franchise Tax information. As set forth in Section 171.206 oft the Texas Tax Code, and except as provided by Section 171.207 ofthe' Texas Tax Code, (I)information thati is obtained from ar record or other instrument thati is required by Chapter 171 ofthe' Texas' Tax Code tol bei filed with CPA; and (2)information, including information about the business affairs, operations, profits, losses, cost of goods sold, compensation, or expenditures ofa taxable entity, obtained by an examination of the books and records, officers, partners, trustees, agents, ore employees ofat taxable entity on whicht tax isi imposed by Chapter 171 Confidential Information listed in this Section 3 of Attachment A. of the Texas Tax Code. Rev. 10-26-20 Page 2of2 Attachment AGENDA ITEM #14 City of Kingsville Police Department TO: CC: FROM: DATE: Mayor and City Commissioners Mark McLaughlin, City Manager John Blair, ChiefofPolice 6/4/2024 SUBJECT: Request for Resolution to enter into a Service Agreement between the Kingsville Police. Department and ropertykoom.com, Inc. Summary: The Police Department requests the City Commission's approval to enter an Asset Disposition Services Agreement with PropertyRoom.com, Inc. to ensure compliance with industry. standards for disposing of or selling found or recovered property. Background: The proposed collaboration between the Kingsville Police Department (KPD) and PropertyRoom.com, Inc. aims to enhance the efficiency and standards ofthe department in handling seized, found, and unclaimed property. PropertyRoom.com, Inc. is a leading online auction platform that partners with over 4,100 law enforcement agencies and municipalities nationwide, including many in Texas, such as Corpus Christi, San Antonio, Rockport, and Brownsville. They specialize in auctioning various items, including property, firearms, vehicles, and equipment. Key Benefits for KPD: 1. Chain of Custody Tracking: PropertyRoom.com ensures all items are: meticulously tracked from the moment they are picked up until they are auctioned, maintaining a clear 2. Item Pickup and Management: They handle the logistics ofi item pickup, manage an online profile for each item, and perform thorough research and authentication: 3. Comprehensive Auction Management: PropertyRoom.com oversees the entire auction process, from handling bidder questions to finalizing sales, allowing KPD to allocate and secure chain of custody. more: resources to critical tasks. villea EXAS City of Kingsville Police Department 4. Revenue Generation: The auctioning of unclaimed items generates revenue that can be 5. Security: Proprietary tracking methods are employed to secure client item information. This service agreement aligns KPD with industry best practices, ensuring transparency and reinvested into the community and other public projects. efficiency. in the disposal of found or recovered property. Financial Impact: Recommendation: No cost is associated with the Service Agreement with PropertyRoom.com, Inc. We request a resolution to enter into a Service Agreement with ropertyRoom.com, Inc. - 1 : 1 257.7 :5 1.4 : kingsvillen TEXAS RESOLUTION #2024- A RESOLUTION AUTHORIZING THE POLICE CHIEF TO ENTER INTO AN ASSET DISPOSITION SERVICES AGREEMENT BETWEEN THE CITY OF KINGSVILLE POLICE DEPARTMENT AND PROPERIYROOM.COM, INC.; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kingsville Police Department has seized, found, and unclaimed property that it holds and needs to dispose ofi in a lawful manner; WHEREAS, PropertyRoom.com, Inc. is a leading online auction platform that provides asset disposition services to over 4,100 law enforcement agencies and municipalities nationwide, including Corpus Christi, Rockport, San Antonio, and WHEREAS, staff believes it would be beneficial to engage the services of PropertyRoom.com, Inc. in order to dispose of certain assets in the possession of WHEREAS, staff and representatives of ProperyRoom.com, Inc. have worked to prepare the attached agreement for asset disposition services that is terminable NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE Brownsville, Texas; the Kingsville Police Department; by either party upon thirty (30) days written notice. CITY OF KINGSVILLE, TEXAS: I. THAT the Kingsville Police Chief is authorized and directed as an act of the City of Kingsville, Texas to enter into an Asset Disposition Services Agreement between PropertyRoom.com, Inc. and the City of Kingsville in accordance with Exhibit. A hereto attached and made a part hereof. II. THAT all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict only. III. THAT this Resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote oft the City Commission on the 10th day of June 2024. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney PropertyRoom.com Federal Tax ID: 86-0962102 Account! #_ Asset Disposition Services Agreement This Asset Disposition Services Agreement notice of non-renewal is provided by either partyt to the ("Agreement") is made by and between other at least sixty (60) days prior to the expiration of PropertyRoom.com, Inc., a Delaware corporation thet then current term. ("Contractor") and Cuafkingulleas ("Owner"). The Agreement is effective upon Owner's signature date ("Effective Date"). Whereas Contractor's business involves surplus asset management, selling, auction, disposition and related services ("Services"); and Whereas Contractor desires to provide Services to Owner and Owner desires Contractor to provide Services subject to this Agreement. Now therefore, in consideration of premises above andi mutual covenants and agreements setf forth herein, Contractor and Owner agree as follows. Any other municipal, county, or state government agency located within the same state as Owner may also procure Services under this Agreement under the executing an adoption agreement with Contractor 1. Items Requiring Services. Owner will identify items ("Assets") it desires to provide to Contractor for Services. Contractor retains the right to accept or reject certain Assets in its sole discretion. 2. Title to Assets. Owner shall retain, at all times, legal title to Assets unless and until Assets are purchased or otherwise disposed of according to the Agreement, at which time Owner will be deemed tol have transferredi title directly to an Asset purchaser or other acquirer ("'Buyer") identified by Contractor. Owner appoints Contractor as its representative and instrumentality to hold and offer Assets for sale, on Owner's behalf, in accordance with the Agreement. Owner appoints Contractor as its attorney-in-fact to sign any and all documents necessaryto assign to Buyers all of Owner's rights, title and interest in and to Assets sold or disposed. Cash receipts, accounts receivable, contract rights, notes, general intangibles, and other rights to ("Proceeds") belong to Owner. Contractor may withhold from Proceeds amounts owed to Contractor and any third parties in connection with Services, which amounts shall be disbursed by Contractor on Owner's behalf. Contractor will remit remaining balances to Owner ("Owner Net This Agreement shall commence on the Effective Date ands shall continue for ani initialt term of one(1)year from the Effective Date and thereafter will automatically renewi for consecutive one (1)yearterms unless written a. Either Owner or Contractor (the "Party" or "Parties") may terminate the Agreement upon thirty (30) days prior notice tot the other Party. b. The rights of the Parties to terminate the Agreement are not exclusive ofa any other rights and remedies available at law ori in equity, and such rights will be cumulative. Exercising any such right or remedy will not preclude exercising these or any other rights and Upon any termination or expiration, Contractor may continue to provide Services for any unsold Assets then in the possession of Contractor. Alternatively, Owner may, at Owner's expense, arrange for the return of a. Fees. Fees for Contractor Services appear in signed addendums to this Agreement. b. Remittance of Proceeds. Once a month, Contractor will remit Owner Net Proceeds from sales completed the prior month. Sales are deemed completed when all items from an asset list line-item are sold, paid for and shipped. Contractor may defer payment of any amount less than $250 until such time as the amount owed Owner equals or exceeds $250. Invoices. If monthly Proceeds do not cover amounts owed, Contractor and Owner will mutually agree for Contractor to either: (1) Invoice Owner for Services, net of Proceeds collected, or (2) Accrue and carry-over unpaid balances, invoicing Owner when negative balances persist for six (6) consecutive months. d. Reporting. Each month, Contractor will publish a standard online report containing information related to Owner Assets, Services provided, Fees and Owner Net Proceeds. subcontractors in its performance of Services, provided Contractor shall be responsible for any breach of this Agreement by such subcontractors. With respect to delivering Services: a. Contractor shall maintain insurance covering Assets against fire, theft, and extended coverage risks ordinarily included in similar b. For auction Services, Contractor will use organic marketing techniques ("OMT") to increase bidding on Owner Assets. OMT may include, but not be limited to, email, publicity related to this Agreement, and facilitation of remedies. Owner Assets. same terms and conditions stated int this Agreement by 4. Payment for Services based upon this Agreement. payment of any kind arising out of Asset sales 5. Contractor Obligations. Contractor may utilize Proceeds"). 3. Term and Termination policies. PropertyRoom.com 2018-06-05 Page 1of3 Asset Disposition Services Agreement clickable links on Owner website(s) to websites used by Contractor for Asset sales. a. Manifest & Asset Lists. Owner will complete paperwork reasonably necessary to convey custodial possession of Assets to Contractor, such as written manifests or Asset lists (the "Asset Lists") describing items in sufficient detaili for proper identification. Contractor owns exclusive rights to sell Assets described in Asset Lists provided by Owner for a period of 120 days from the date Owner releases an Asset to Contractor for sale and Owner will not sell the applicable. Assets). b. Excluded Assets. Owner agrees it will not knowingly provide illegal or hazardous Assets or Assets that infringe intellectual property rights of any third party ("Excluded Assets"). In the event Contractor identifies any item as an Excluded. Asset, Contractor shall have ther right to suspend, cancel, or unwind any sale or disposal of such Excluded Asset. a. Owner states Assets subject to Services are b. Ifrequired, Owner hast taken necessary actions fort transfer of Asset title(s) to Buyers. 8. Books and Records. Contractor will keep complete and accurate books of account, records, and other documents with respect to the Agreement ("Books and Records") for at least 3 years following Agreement expiration or Records will be available fori inspection by Owner, at Owner's expense, at the location where Books and Records are regularly maintained, during Contractor's normal business hours. 9. Assignment. This Agreement shall be binding herein and their respective successors and assigns. Neither Party may assign any of its obligations under this Agreement without the prior written consent oft the other Party, such consent not to be unreasonably withheld or delayed, provided that Contractor may assign this Agreement without such consenti to as successor ini interest by way ofa merger, consolidation, or sale of all or substantially 10. Notices. Any notice or other communication given under the Agreement will be in writing and delivered by hand, sent by facsimile (provided acknowledgment of receipt thereof is delivered to the sender), sent by certified, registered mail or sent by any nationally recognized overnighto tcourier service to the addresses provided in the Owner information: section. Notices sent byr registered mail or national overnight carrier shall be effective upon delivery. Thel Parties may, fromi time tot time and at any time, change their respective addresses and each will have the right to specify as its address any other address by written notice to the other Party. A change of address will take effect upon receipt of notice unless a later date is otherwise of the Agreement will be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of the Agreement is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of the Agreement. The Agreement headings are inserted for convenience of reference only and shall not of conflicts, oft the state in which Owner is located will govern all questions concerning construction, validity andi interpretation oft the Agreement andt the performance of the obligations imposed by the Agreement. The proper venue for any proceeding at law or in equity will be the state and county in which the Owner is located, and the Parties waive any right to object to the venue. each sign such other documents and take such actions as the other may reasonably request in order to effect the relationships, Services and activities contemplated by the Agreement and to account for and document those activities. or assertions will be made or actions taken by either Party that could imply or establish any joint venture, partnership, employment or trust relationship between thel Parties with respect tot the subject matter of the Agreement. Except as expressly providedi in the Agreement, neither Party will have any authority or power whatsoever to enter into any agreement, contract or commitment on behalf of the other, or to create any liability or obligation whatsoever on behalf oft the other, to any 6. Asset Lists specified. grant any such rights to any third party (ori itself 11. Interpretation. Whenever possible, each provision 7. Salability of Assets. constitute a part hereof. legally available for sale to the general public; 12. Governing Law. The internal law, and not the law and termination. Upon reasonable notice, Books and 13. Further Assurances. Contractor and Owner will upon and inure to the benefit of the Parties named 14. Relationship of the Parties. No representations all of Contractor's assets. person or entity. PropertyRoom.com 2018-06-05 Page2of3 Asset Disposition Services Agreement 15. Force Majeure. Neither Party willl be liable for any failure of or delayi inp performance oft the Agreement for the period that such failure or delay is due to acts of God, public enemy, war, strikes or labor disputes, or any other cause beyond the Parties' reasonable control (each a "Force Majeure"), it being understood that lack of financial resources will not to be deemed a cause beyond a Party's control. Each Party will notify the other Party promptly of any Force Majeure occurrence and carry out the Agreement as promptly as practicable after such Force Majeure is terminated. The existence of any Force Majeure will not extend the term oft the Agreement. This Agreement, together with one or more signed addendums attached hereto, comprises the entire agreement between Contractor and Owner relating to Services and supersedes any prior understandings, agreements, or representations by or between the parties, whether written or oral. OWNER CONTRACTOR Signature Name Title Date Signature Name Date John Blair Chick of Fol,tiKangaly Title TEKAS OWNER INFORMATION & AGREEMENT OPTIONS SELECTED Owner Name: Street Address: Account #: Cooperative Purchasing Agreement? Sourcewell D Other (Please specify). Member #: City, State/Province, Postal Code, Country: Resolution of Unpaid Monthly Service. Fees: Balance carry-over a Fax: Secondary Contact: Name_ Work Mobile Email Monthly Invoice 0 Telephone: Primary Contact: Name Work Mobile Email PropertyRcom.com 2018-06-05 Page3of3 PropertyRoom.com dated this Addendum will govern. 2. Definitions. Account #_ Federal Tax ID: 86-0962102 #012821-PRC Sourcewell Fees & Services Addendum Sourcewell Member: # 1. This addendum ("Addendum") is attached to and made part of the Asset Disposition Services Agreement between the provisions of the Agreement, this Addendum and any prior agreement or Agreement addendum, a. Winning Bid. "Winning Bid" means the highest amount committed and paid by al Buyer of as sold Asset. Winning Bid does noti include shipping & handling, buyer premiums, or other fees, if any, nor does b. Sales Price. "Sales Price" equals the Winning Bid plus shipping & handling, shipping insurance and sales Payment Processing Costs. Payment processing costs equal 3% of Sales Price ("PP Costs"). d. Success Fee. For sold Assets, Owner will pay Contractor a Services fee equal to a percent of profits or e. Buyer Premiums. Notwithstanding anything tot the contrary herein, Contractor may collect a Winning Bid 3. Services Offered. Contractor provides a suite of Services referenced herein. Upon mutual agreement of Owner and Contractor, Contractor may provide all or any combination of Services. Contractor will use a. Portables Auction Service ("Portables"). Applying to Assets small enough for pick-up by Contractor via box truck or common carrier shipment, excluding firearms, Contractor willt transport, test and/or authenticate (if applicable and practicable), erase or destroy memory media (in the case of electronics), image, store, list and sell Assets via public internet auction on one or more Contractor selected websites. (1) Asset Success Fee. For Portable. Assets, Success Fee equals 50% for thei first $1,000 of al Winning (2) Net Proceeds. For each Portables Asset, Owner Net Proceeds equals Winning Bid less Success (3) Fuel Surcharge. Ifquarterly retail diesel prices, as published by the U.S. Energy Information Administration, rise above the level shown int the table below, at fuel surcharge ("Fuel Surcharge") will be deducted from Owner Net Proceeds for each Portable Manifest picked up at Owner's location. ("Agreement") between Contractor and Owner. In the event of a conflict Winning Bidi include an amount al Buyer commits but fails to pay. tax paid by al Buyer. Winning Bids as specified below ("Success Fee"). percent fee from al Buyer, typically referred to as a' "Buyer's Premium". commercially reasonable efforts to deliver Services. Owner will pay Contractor a Success Fee as described below. Bid amount and 25% of Winning Bid amount, ifany, over $1,000. Fee less PP Costs. Retail Diesel (per gal) <$2.50 $2.50 to $2.99 $3.00 to $3.49 $3.50 to $3.99 Fuel Surcharge $ 0.00 $12.40 $24.80 $37.20* Table continues ats same rate of $12.40 increments per $0.50p per gal changei inf Retail Diesel. (4) Shipping Fee. Ifassets are transported via common carrier and not picked up by Contractor, the b. Firearms Auction Service. This service is restricted to Owner firearm assets ("Firearm Assets") legally available for public sale int the United States. Contractor is compliant with ATF, Title 18, U.S. Code Ch. 44 and NFA (26 U.S.C., Ch. 53), as well as applicable state and local laws. Contractor may work with one or more subcontractors ("Subcontractor) for storage and processing of Firearm Assets. Contractor will deliver Firearm Assets disposition services beginning with the collection and transport of Firearm Assets to al Federal Firearms Licensee ("FFL") holder ("Recipient FFL" or' "Partner FFL"). Subsequently, Contractor and Recipient FFL will store, catalog, image, list for public internet auction, process purchaser payment ands ship Firearms Assets to another FFLI holder ("Transferee FFL") that will administer final physical transfer to purchaser ("Buyer") in compliance with applicable federal, state, and (1) Success Fee. For Firearm Assets, Success Fee equals 50% fort the first $1,000 of a Winning Bid (2) Net Proceeds. For each Firearm Asset, Owner Net Proceeds equals Winning Bid less Success Fee shipping fee willl be deducted from Owner Net Proceeds. local laws. Owner will pay Contractor a Success Fee as described below. amount and 25% of Winning Bid amount, ifa any, over $1,000. less PP Costs. PropertyRoom.com 2021-04-01.0723 Page1of3 PropertyRoom.com Account: # Federal Tax ID: 86-0962102 #012821-PRC Sourcewell Fees & Services Addendum Sourcewell Member: # In Place Auction Service ("In Place"). Applying to Assets that Owner and Contractor mutually agree to auction in place, Contractor will sell In Place Assets via public internet auction on one or more Contractor selected websites using descriptions and digital images supplied by Owner. Owner will maintain physical control of In Place Assets and transfer possession to Buyers after sale. Owner will pay Contractor a (1) Success Fee. For each In Place Asset, Success Fee equals 2.5% of Winning Bid. (2) Net Proceeds. For each In Place Asset sold at auction, Winning Bid less Success Fee less PP Costs d. Haul Away Auction Service ("Haul Away"). Applying to fleet vehicles and equipment, Contractor will tow Assets to, or take delivery at, Yards. Contractor will store, image, describe, list and sell Haul Away Assets via publici internet auction on one or more Contractor selected websites. Contractor may work with one or more subcontractors ("Subcontractor) for storage and processing of Assets at Yards. Owner will (1) Success Fee. For each Haul Away Asset, Success Fee equals 12.5% of Winning Bid. (2) Tow & Miscellaneous Fees. Tow and Miscellaneous Service Fees are indicated in fee schedule below that specifies tow processes and related fees for Owner-specific needs ("Tow & Miscellaneous Fee Schedule"). The Tow & Miscellaneous Fee Schedule will distinguish between Assets that can be hauled away on a standard vehicle transporter (such as automobiles and light trucks) from over-sized Success Fee as described below. equals Owner Net Proceeds. pay Contractor a Success Fee as well as other fees as specified below. Assets (e.g., cranes, buses, backhoes). Haul Away Auction Service a Tow and Miscellaneous Fee Schedule Fee Type Light Tow Fee Description Light duty vehicles up to 11,000 GWWR Medium duty vehicles 11,001- 33,000 GWWR and oversized vehicles such as an F-350 wl dual Heavy duty vehicles 33,001+ GWWR Per vehicle towed Feei forr re-listing asset more than three (3)t times due toa any type of Per re-list ofa asset on4 4h or Rate Description Per vehicle towed Per vehiclet towed Rate Per Asset First 301 miles free. $10f for every 10r miles over the 1st3 30 free miles Billed at cost! bys subcontractor see standard schedule Billeda at cost bys subcontractor see standard schedule $35/re-list $3/day $5/day $20 /quarter hour $20/0 quarter hour; $45 minimum chargep per vehicle vehicle for Light Duty Vehicles) Medium Tow wheels, etc.) Heavy Tow Re-list/Re-run owner imposed! biddingr restriction subsequent attempt Storage light & Storage for assets stored for any medium duty reason other than awaiting auction pickup date Storage heavy Storage for assets storedf for any De-identification De-identifying: assets Decal Removal Removal ofa decal Per day over 30 days after Per day over 30 days after Chargedi in 15r minute increments fort thel labort to de-identify Chargedi in 15 minute perform decalr removal duty reason other than awaiting auction pickup date increments for the! labor to ($45r maximum charge per (3) Net Proceeds. For each Haul Away Asset, Winning Bid less the sum of Success Fee, Tow & e. Impound Storage & Auction Service ("Impound"). Applying to citizen vehicles seized and or impounded by Owner, Contractor will receive tows of Impound Assets at tow yard facilities ("Yards"), storing Assets while Owner decides whether to release to a citizen or auction. For release-to-citizen vehicles ("Released Vehicles"), Contractor will process and collect fees from citizens. For auctioned vehicles, Contractor will store, image, describe and sell Impound Assets via public internet auction on one or more Contractor selected websites. Contractor may work with one or more sub-contractors ("Subcontractor) for storage and processing of Assets at Yards. Owner willj pay Contractor a Success Miscellaneous Fees, and PP Costs equals Owner Net Proceeds. Fee as well as other fees as specified below. PropertyRoom.com 2021-04-01_0723 Page2of3 PropertyRoom.com Account # Federal Tax ID: 86-0962102 #012821-PRC Sourcewell Fees & Services Addendum Sourcewell Member # (1) Success Fee. For each Impound. Asset sold at auction, Success Fee equals 12.5% oft the Winning (2) Tow & Miscellaneous Fees. Tow and Miscellaneous Service Fees are indicated in fee schedule below that specifies tow processes and related fees for Owner-specific needs ("Tow & Miscellaneous Fee Schedule"). The Tow & Miscellaneous Fee Schedule will distinguish between Assets that can be hauled-away on as standard vehicle transporter (such as automobiles and light trucks) from over-sized (3) Storage Fees. Impound storage fees arei indicated in the fee schedule below. Owner retains rights to charge citizens higher storage fees for Released' Vehicles and Contractor will collect those storage fees along with other citizen fees set by Owner, such as tow charges, administrative charges, court processing fees, etc. ("Citizen Payments"). Int the event that Assets are stored for an extended period oft time without being released by Owner for auction, Owner agrees to reimburse Contractor for such Impound Storage & Auction Service - Tow and Miscellaneous Fee Schedule Bid. Assets (e.g., cranes, buses, backhoes). storage fees in a manner to be mutually agreed upon. Fee Type Light Tow Fee Description Light duty vehicles upt to 11,000 GWWR Medium duty vehicles 11,001- 33,000 GWWR and oversized vehicles such as an F-350 wl dual Heavy duty vehicles 33,001+ GWWR Per vehicle towed Feet for re-listing asset more than three (3)t times due to any type of Perr re-list ofa asset on 4th or awaiting auction Rate Description Per vehicle towed Per vehicle towed Rate Per Asset. Billed ato cost bys subcontractor see standard schedule Billed at cost by subcontractor -see standard schedule Billed at cost by subcontractor -see standard schedule $35/re-list $8/day $15/day $20/ /quarter hour $20/ quarter hour; $45 minimum charge per vehicle vehicle for Light Duty Vehicles) Medium Tow wheels, etc.) Heavy Tow Re-list/Re-run owneri imposed bidding restriction subsequent attempt Owner Storage Daily storage for assets stored and Fees Citizen Storage Fees Per day Daily storaget for release vehicles Per day Charged in 15 minute increments for the labor to de-identify Charged in1 15r minute perform decalr removal De-ldentification De-identifying assets Decal Removal Removal ofa decal Owner Net Proceeds. increments for the labor to ($45 maximum charge per (4) Net Proceeds. For each Impound Asset, the sum of Winning Bid and Citizen Payments less the sum ofs Success Fee, Tow & Miscellaneous Fees, Owner/Citizen Storage Fees and PP Costs equals 4. Modifications. Contractor may, from time to time, modify Standard Fees & Services. To effect at fee change, Contractor will provide Owner advance written notice which willi include an update tot this Addendum. OWNER CONTRACTOR Signature Name Title Date Signature Name Date Jdon Blair Police Chief, Kingsvile,Tees Title PropertyRoom.com 2021-04-01.0723 Page3of3 PROPERTYROOM.COM NEW ACCOUNT SET-UP PROPERTY ROOM.COM After receiving the signed agreement, we will provide you. with a user name and password for access to our Agency Web online reporting system. This will allow you to track status of all assets you give to us to sell from the time of listing to the sale. and collection oft the funds and remittance oft the funds to your account (and will allow you historical data 24/7/365.). Please answer the following questions sO that we can get your new account established in our system.. 1. Check payable toi information and the address where checks are to be mailed. 2. Main pick-up location for assets. (lf more than one location, please specify) 3. Main contact's name, title, phone number, fax number, and email address. The main contact will (a) receive a Welcome Call from our Client Services Department; (b) receive mailed bar codes; (c) be contacted every thirty (30) days for scheduling pickups; and (d) have primary access to the Agency' Web system for tracking and auditing. New Account Information - June 2014 PROPERTYROOM.COM NEW ACCOUNT SET-UP PROPERTY ROOM.COM 4. Name, title, phone number, and email address of any additional department personnel requiring access to our Agency' Web reporting system. 5., Name, email address, and phone number of the. person responsible for the department's website sO our IT team can coordinate with adding a notice to the public link on your website. 30 6. Two possible dates and times for you and/or your main contact(s) to receive a' Welcome Call from our Client Services Manager. We will then confirm the date and time as soon as we get internal confirmation from our Client Services Manager. Upon call meeting time, we will send you a free dial-in conference call phone number and access code. 7. Name, telephone, and email address of the person responsible for media relations in your department to work with our Marketing Department regarding any media inquiries. New Account Information - June: 2014 AGENDA ITEM #15 City of Kingsville Purchasing Department TO: CC: FROM: DATE: Mayor and City Commissioners Mark McLaughlin, City Manager Charlie Sosa, Purchasing Manager June 6, 2024 SUBJECT: Tree Removal on Kleberg Ave. and Seventh St. Summary: This item authorizes the approval of ARP funds for the removal of four oak trees in the downtown area between Kleberg Avenue and Seventh Street. Background: City staff is requesting the approval of ARP funding for the removal of 4 oak trees at Kleberg Ave. and Seventh St. The mature oak trees are posing a threat to drainage clogging with the leaves and acorns. Also, the roots are lifting the new concrete sidewalks and acorns are a trip hazard to vendors and customers. The city requested informal bids on the removal of the four trees downtown from three local contractors, only one local contractor submitted a bid for the removal, C.C.W. Fabrication of Kingsville submitted an estimate for the removal of four oak trees downtown for a total amount of $16,000.00. Staff is requesting the approval of ARP funding in the amount of $16,000.00 for the removal oft the four oak trees from GL account #121-5-1603-31400 Professional Services. It is recommended the City Commission approve the ARP funding for the removal of 4 oak trees downtown in the amount of $16,000.00 as per staff recommendation. Financial Impact: Recommendation: KRSe 'vyu TREE REMOVAL Estimate C.CW. FABRICATION PO BOX5483 - Kingsville, TX,78364 361-318-8902- Emul-abareasamalon Date 06/03/24 Estimate 0125 Name/ Address CITY OF KINGSVILLE PUBLICWORKS 1300ECORRAL AVE. KINGSVILE,TX78363 Item 11 2 Description Qty Rate Total REMOVAL OF FOUR OAK TREES. LOCATED ON KLEBERG AND SEVENTH. JOBTO BE DONE AFTER BUSINESS HOURS AND WEEKEND. TWO TO THREE WEEKS TO COMPLETE. 4 4,000.00 16,000.00 Total $ 16,000.00 AGENDA ITEM #16 RESOLUTION NO. 2024- RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A REIMBURSEMENT AGREEMENT FOR PRELIMINARY ENGINEERING SERVICES WITH THE UNION PACIFIC RAILROAD COMPANY. WHEREAS, the City of Kingsville ("City") is experiencing growth, primarily of a residential nature, on the south side of town and is interested in having a railroad crossing installed at West Escondido Road near South 6th Street/BU77; and WHEREAS, the Union Pacific Railroad Company ("UPRR") controls the railroad tracks and right of way around its track through the County and state; WHEREAS, the UPRR has indicated that at least two existing railroad crossings would need to be closed prior to allowing a new railroad crossing to be built; WHEREAS, the City has proposed a plan for closing the crossings at West Kenedy and West Alice in order to open one at West Escondido; WHEREAS, in order to consider the plan, the two parties must approve a Reimbursement Agreement for Preliminary Engineering Services which will allow UPRR engineers to perform a preliminary engineering study of the proposed project to determine the work and expense involved, which would be performed WHEREAS, the project will improve citizen safety in the affected areas; WHEREAS, once the preliminary engineering services work is completed, if the project is then approved by UPRR, it will forward to the City a Construction and Maintenance Agreement that will provide the terms. and conditions for the WHEREAS, the governing body of the City of Kingsville desires to move forward with the preliminary engineering services work and approve and authorize the execution of the Reimbursement Agreement for such purpose with UPRR for the NOW, THEREFORE BE IT RESOLVED by the City Commission of the City of by at the City's expense; construction and ongoing maintenance of the project; proposed project. Kingsville, Texas: THAT the City Commission authorizes the City Manager to enter into and execute a Reimbursement Agreement for Preliminary Engineering Services with the Union Pacific Railroad Company, as per the agreement attached hereto. II. THAT the City Manager, or his designee, is hereby authorized and directed to act on the City's behalf in all matters pertaining to this contract. III. THAT this Resolution shall become effective upon adoption. PASSED AND APPROVED by a majority vote of all members of the City Commission of the City of Kingsville on the 10th day of June, 2024. Sam R. Fugate Mayor ATTEST: Mary Valenzuela City Secretary APPROVED AS TO FORM: Courtney Alvarez City Attorney 2 UPRR REMS Project 795670 REIMBURSEMENT AGREEMENT PRELIMINARY ENGINEERING SERVICES Effective Date: Estimate: $25,000.00 THIS REIMBURSEMENT AGREEMENT (Agreement) is made and entered into as of the Effective Date, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation (Railroad), and CITY OF KINGSVILLE, TEXAS (Agency). RECITALS A. Agency desires to initiate the project more particularly described on Exhibit A B. The Project will affect Railroad's track and right of way at or near the Project area C. Railroad agrees to collaborate with Agency on the conceptualization and development of the Project in accordance with the terms and conditions of this Agreement. attached hereto (Project). more particularly described on Exhibit A. AGREEMENT NOW THEREFORE, the parties hereto agree as follows: 1. Railroad, and/or its representatives, at Agency's sole cost and expense, agrees to perform (or shall cause a third-party consultant to perform on Railroad's behalf) the preliminary engineering services work described on Exhibit B attached hereto (PE Work). Agency acknowledges and agrees that: (a) Railroad's review of any Project designs, plans and/or specifications, as part of the PE Work, is limited exclusively to potential impacts on existing and future Railroad facilities and operations; (b) Railroad makes no representations or warranties as to the validity, accuracy, legal compliance, or completeness of the PE Work; and (c). Agency's and/or Railroad's third-party consultant, as applicable, for one hundred percent (100%) of all actual costs and expenses incurred for the PE Work. During the performance of the PE Work, Railroad will provide (and/or will cause its third-party consultant to provide) progressive billing to Agency based on actual costs in connection with the PE Work. Within sixty (60) days after completion of the PE Work, Railroad will submit (and/or will cause its third-party consultant to submit) at final billing to Agency for any balance owed fort the PE Work. Agency shall pay Railroad (and/or its third-party consultant, as applicable) within thirty (30) days after Agency's receipt of any progressive and final bills submitted for the PE Work. Bills will be submitted to the Agency using the contact information provided on Exhibit C. Agency's obligation hereunder to reimburse Railroad (and/or its third-party consultant, as applicable) for the PE Work shall apply regardless whether Agency declines to proceed with the Project or Railroad elects not to approve the Project. reliance on the PE Work is at Agency's own risk. 2. Notwithstanding the Estimate (Estimate), Agency agrees to reimburse Railroad 1 3. Agency acknowledges and agrees that Railroad may withhold its approval for the Project for any reason in its sole discretion, including without limitation, impacts to Railroad's safety, facilities, or operations. If Railroad approves the Project, Railroad will continue to work with Agency to develop final plans and specifications, and prepare material and force cost 4. If the Project is approved by Railroad, Railroad shall prepare and forward to Agency a Construction and Maintenance Agreement (C&M Agreement) which shall provide the terms and conditions for the construction and ongoing maintenance of the Project. Unless otherwise expressly set forth in the C&M Agreement, the construction and maintenance of the Project shall be at no cost to Railroad. No construction work on the Project affecting Railroad's property or operations shall commence until the C&M Agreement is finalized and executed by other party, which consent shall not be unreasonably withheld, conditioned, or delayed. estimates for any Project related work performed by Railroad. Agency and Railroad. 5. Neither party shall assign this Agreement without the prior written consent of the 6. No amendment or variation of the terms of this Agreement shall be valid unless 7. This Agreement sets forth the entire agreement between the parties regarding the Project and PE Work. To the extent that any terms or provisions of this Agreement regarding the PE Work are inconsistent with the terms or provisions set forth in any existing agreement related tot the Project, such terms and provisions shall be deemed superseded by this Agreement to the IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the made in writing and signed by the parties. extent of such inconsistency. Effective Date. CITY OF KINGSVILLE, TEXAS UNION PACIFIC RAILROAD COMPANY, al Delaware Corporation Signature Markmelaghlin Printed Name CyManager Title Signature Erik Lewis Printed Name Title Manager I, Engineering - Public Projects 2 Exhibit A Project Description and Location Project Description City of Kingsville, TX proposes closures of 2 existing at-grade public crossings, and installation of new at grade crossing (DOT 981553D) at the respective locations referred to below. Location Brownsville Subdivision Crossing Type Public Public Public DOT 427642W 427647F 981553D Milepost 118.92 118.58 115.777 Street Name West Alice Street West Kenedy Avenue West Escondido Road Exhibit B Scope of Project Services Scope of work includes, but is not limited to the following Field diagnostic(s) and inspections Plan, specification, and construction review Project design Railroad Meetings and travel Preparation of Project estimate fori force account or other work performed by the Exhibit C Billing Contact Information Name Mark McLaughlin Title City Manager Address 400 West King Ave, Kingsville, TX, 78363 Work Phone (361)595-8002 Cell Phone Agency Project No. Email mmclaugnlin@ctyotkingsvile.com AGENDA ITEM #17 ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO APPROPRIATE FUNDING FOR THE REIMBURSEMENT AGREEMENT FORPRELIMINARY ENGINEERING SERVICES WITH UNION PACIFIC RAILROAD COMPANY FOR THE ESCONDIDO RAIL CROSSING PROJECT. WHEREAS, it was unforeseen when the budget was adopted that there would be a need for funding for these expenditures this fiscal year. I. BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2023- 2024 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#47 Account Name Dept Dept Name No. Fund 001- General Fund Expenditures -5 Account Budget Budget Number Increase Decrease 1030 City Special Professional Services 1030 City Special Budget Amend Reserve 31400 86000 $25,000 $25,000 [Toamend the City of Kingsville FY23-24 budget to appropriate funding for the Reimbursement Agreement for Preliminary Engineering Services with Union Pacific Railroad Company for the Escondido Rail Crossing project. The funding will come from the General Fund Budget Amendment Reserve line. item. There is currently $237,000 available.] II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. THAT 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 Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 1 IV. THAT this Ordinance shall not be codified buts shall become effective on and after adoption and publication as required by law. INTRODUCED on this the 10th day of. June 2024. PASSED AND APPROVED on this the 24th day of June 2024. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #18 City of Kingsville Legal Department TO: CC: FROM: DATE: SUBJECT: Mayor and City Commissioners Mark McLaughlin, City Manager Courtney Alvarez, City Attorney March 1, 2024 Resolution regarding AEP Texas Inc. Rate Increase Filing Summary: The purpose of this Resolution is to suspend the rate increase application filing proposed by AEP Texas and authorize the City to intervene in the Company's rate case proceeding before the Public Utility Commission. Background: On February 29, 2024, AEP Texas Inc. ("AEP Texas" or Company") filed an application with cities retaining original jurisdiction seeking to increase system-wide distribution rates by $100.4 million per year (an increase of 13.1%),and increase to system-wide transmission rates by $63.1 million (a decrease of 9.29%). According to AEP Texas, the impact of this approval on an average residential customers would be an increase of In a prior City action, AEP Texas' rate request was suspended from taking effect for 90 days, the fullest extent permissible under the law. This time period has permitted the City, through its participation with Cities Served by AEP Texas ("Cities"), to determine that the proposed rate increase is unreasonable. Consistent with the recommendations of experts engaged by Cities, AEP Texas' request for a rate increase should be denied. Accordingly, the purpose of the Resolution is to deny the rate change application about $4.59 per month. proposed by AEP Texas. CITY Kingsyille City of Kingsville Legal Department Purpose of this Resolution: Explanation of "Be It Resolved" Paragraphs: SECTION1. This paragraph finds that the Company's application is unreasonable and should SECTION2 2. This section requires AEP: Texas to maintain its existing rates' for SECTION 3. This section states that Cities' reasonable rate case expenses shall be reimbursed by AEP Texas within 30 days of presentation of an invoice to AEP Texas. SECTION4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law, and. that the public notice was SECTION 5. A copy oft this Resolution shall be sent to AEP Texas, care of Jennifer Frederick, American Electric Power Company, 400 West 15th Street, Suite 1520, Austin, Texas 78701 aepausintx@aep.com, and to Thomas Brocato at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, Texas 78701 tbrocap@yawim.om, Financial Impact: None. Due to the type of filing, cities are entitled to reimbursement of their legal and consulting expenses. Thus, there will be no direct charge to the City Recommendation: Approve the resolution to suspend the Statement of Intent to Change Rates proposed by AEP Texas and authorize the City to intervene in the Company's rate case proceeding before the Public Utility Commission in Docket No. be denied. transmission and distribution service to customers within the City. given of the time, place, and purpose of said meeting, as required. for participating in the rate case. 56165. a - Kile RESOLUTION NO. 2024- A RESOLUTION OF THE CITY OF KINGSVILLE, TEXAS FINDING THAT AEP TEXAS INC.'S REQUESTED INCREASE TO ITS ELECTRIC TRANSMISSION AND DISTRIBUTION RATES AND CHARGES WITHIN THE CITY SHOULD BE DENIED; FINDING THAT THE CITY'S REASONABLE RATE CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL. WHEREAS, on or about February 29, 2024, AEP Texas Inc. ("AEP Texas" or "Company"), pursuant to Public Utility Regulatory Act ("PURA") SS 33.001 and 36.001 filed with the City of Kingsville ("City") a Statement of Intent to change electric delivery rates in all municipalities exercising original jurisdiction within its service area, effective WHEREAS, the City is an electric utility customer of AEP Texas and a regulatory WHEREAS, the City is a member of the Cities Served by AEP Texas ("Cities"), a membership of similarly situated cities served by AEP Texas that have joined together to efficiently and cost effectively review and respond to electric issues affecting rates WHEREAS, Cities is an intervenor in the parallel proceeding at the Public Utility WHEREAS, pursuant to its exclusive original jurisdiction over AEP Texas' rates and operations within city limits, the City previously suspended the effective date of the WHEREAS, PURA $33.023 provides that costs incurred by cities in ratemaking WHEREAS, the City's attorneys and consultants recommend that the City deny the NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY April 4, 2024; and authority over the rates and charges of AEP Texas within the City; and charged in AEP Texas' service area; and Commission of Texas to review AEP Texas' filing; and Company's requested rate increase; and activities are to be reimbursed by the regulated utility; and application. OF KINGSVILLE, TEXAS: 1 SECTION 1. That the rates proposed by AEP Texas in an application submitted to the City by the Company on or about February 29, 2024, are hereby found to be SECTION 2. That the Company shall continue to charge its existing rates for SECTION 3. That Cities' reasonable rate case expenses shall be reimbursed by AEP SECTION 4. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law, and that the public notice was given of the time, place, and purpose of said meeting, as required. SECTION 5. A copy of this Resolution shall be sent to AEP Texas, care of Jennifer Frederick, American Electric Power Company, 400 West 15th Street, Suite 1520, Austin, Texas 78701 aepaustntx@aep.com, and to Thomas Brocato at Lloyd Gosselink Rochelle & Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin, unreasonable, and are denied. transmission and distribution service to customers with the City. Texas within 30 days of presentation of an invoice to AEP Texas. Texas 78701 Diocato@gawim.com, PASSED AND APPROVED this the 10th day of June, 2024. Sam R. Fugate, Mayor, City of Kingsville ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #19 CrTY - * Kngsyle CITY OF KINGSVILLE P.O. BOX 1458 -E KINGSVILLE, TEXAS 78364 Date: June 5, 2024 To: City Commission via City Manager Mark McLaughlin CC: Courtney. Alvarez, City Attorney; Mary Valenzuela, City Secretary; Deborah Balli, Finance Director From: Janine Reyes, Director ofTourism Services Summary: In August of 2023, Tourism and other City Departments received a new. Point of Sale and Inventory System from Shift 4. Tourism did not negotiate the contract, nor have any dialogue with the vendor in reference to billing on the devices issued. As those costs started accruing and reaching levels equal to revenue produced from merchandise processed on those devices, Tourism and Finance held meetings to address this issue. The highest cost associated with Shift 4 is an Inactivity Fee for months in which our department does not charge the mandatory minimum level of credit cards to avoid said fees. Tourism has now had one device cancelled to reduce this expense, but, since this was not brought into the budgeting process for FY 23-24, this linei item is now facing: a shortfall. In years past, our Credit Card Fees annual activity was as follows: FY2019-20S109.18 FY 2020-21 $120.06 FY 2021-22$53.45 This year our total activity to date is $1,776.93 with an estimated additional cost for the remainder oft the year of$1,111.05 plus an additional cancellation fee of$109.98. Tourism would like to request al budget amendment to cover these costs and will continue toseek solutions to bring the cost of this system down to avoid future excessive Financial Impact: Total request is $3,000. This includes the currently accrued cost of $1,776.93, the anticipated future cost of $1,111.05 and the cancellation fee ofs $109.98. Recommendation: Staff recommends that Commission approve al budget amendment in the amount of $3,000 tol be funded from Tourism's Fund Balance to cover the cost of the Shift 41 Point of Sale System. Staff does not recommend use of ARP funds as expenditures expenditures on this line item. have been previously reviewed and accepted by commission. Janine Reyes From: Sent: To: Cc: Subject: Deborah Balli Wednesday, May 15, 20245 5:21 PM Mark Mclaughlin; Janine Reyes; Alicia Tijerina Leticia Salinas; Kyle Benson Credit Care Fees - Tourism Inl looking at the detail oft this account. Most oft the charges for $159.90 were corrected whichi is whyyouwere seeing multiple charges ofi this amount, but on: some oft the charges therei is ar minus sign along with a description of Equipment Fees Correction or Shift4 Fees Correction. The charges by Month are ast follows: October 2023- $130.77 (Fees $26.79, $24.03) (Equip Fees $79.95) November. 2023- - $419.26. (There were additional charges of $221.46 because fees from prior FY had tol be January: 2024- $524.84( (The reasoni for thel larger amount was due to annual regulatory Fees of $389.97) There is alsoa correction of $79.951 that wasi needed and we posted the JE1 this afternoon. February: 2024-$ $304.85 (The reasont fort thel larger amount was duet to ani inactivityfee of$150.00) booked. Actual November was $197.80. December. 2023- - $119.95 March: 2024-$141.71 April: 2024-$135.55 TotalthroughApril-s $1,776.93 Avg monthly fee $222.21151,555.47- does noti include prior year amt/71 months)> x51 remaining months = $1,111.054 +$1,776.93a already spent = $2,887.981 for EA1 total. Ifyour have al line item where you can covert the budget shortfall, please submit al budget transfer. Ifyour need al BA, let mel know! how muchy your need and provide a Thel backup documentation ist not abnormal and is similart to Collections and! Municipal Court. Your may have memo. additional reports fori inventory. Any questions on the abovei information, please let me know. Thanks- - Deborah Janine Reyes From: Sent: To: Cc: Subject: Attachments: Good afternoon, Linda Garcia Friday, May 17, 20242:53 PM Janine Reyes Deborah Balli; Leticia Salinas Train Depot Cancellation Fee attachment001.pdf When reviewing April's bank statement, we saw there was a debit from shift4 for $109.98 that we were not sure what it was for. After researching and contacting Shift4, we were told it was the cancellation fee for the train depot. This will be a one time charge that will post to GL002-5-1071- 34200. Thank you, -Linda Date 4/30/24 Page 40 primary Account Acct Ending 3676 CHECKING W/INTEREST PUBLIC FD Acct Ending 3676 (Continued) Checks and withdrawals Date. Description 4/17 DEPOSIT 9900017402 ID#-110312002. TRACE#-0910000. 78744 4/17 DEBIT (512)463-2325 24/04/17 ID#-2146000320 TRACEH-0210000 89756 4/17. Transfer to DDA Acct No. Acct Ending 3684-D 4/18 ACH chargeback- 4/18 Shiat4 Shift4: PPD 4/18 Transfer to DDA Acct NO: ACCE Ending 6038-p 4/18 Transfer to DDA AcCt NO. AcCt 4/19 Chargeback 4/19 Chargeback: 4/19 Transfer to DDA Acct NO. Acct Ending 3684-D 4/22 Transfer to DDA ACCE No, Acct Ending 6038-D 4/22 Transfer to DDA Acct NO Acct Ending 3684-D 4/23 Transfer to DDA Acct NO. ACCE Ending 3684-D 4/24. Transfer: to DDA Acct NO. ACCt Ending 3684-D 4/25 ACH Chargeback 4/25 TEXNET 08166850/40424 24/04/25 ID#-1B46000199 TRACE#-0210000: 60443 4/25 Transfer to DDA Acct NO. Acct Ending 3692-D 4/25 Transfer to DDA Acct NO. Acct Ending 3684-D 4/26 PAYMENTS NATIONWIDE 4/26 ACH Paymen CITY OF KINGSVIL Amount 166.62- 33,654.47- 750,175.41- 79:355 58,529.88- 120.00= 100.00- 29,526.25- 219.00- 57,149.11- 38,753.99- 141,133.07- 184.34- 58,206.50= 427,732.74- 949,618.45 3,033.33- 6,983.86- OEWELLSFARGO 24/04/17 TXWDRKFORCECOMM 109.98- TRAIN DepoT 954,55- CANLELLATIDN 3684-D Ending Fee, STATE COMPTRLR PPD 9746001513 24/04/26 ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO APPROPRIATE FUNDING FOR SHIFT 4 CREDIT CARD PROCESSING FEES FOR TOURISM. WHEREAS, it was unforeseen when the budget was adopted that there would be a need for funding for these expenditures this fiscal year. I. BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2023- 2024 budget be amended as follows: CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#40 Account Name Dept Dept Name No. Fund 002 - Tourism Fund Expenditures -5 1071 Tourism Account Budget Budget Number Increase Decrease Credit Card Fees 34200 $3,000 [To amend the City of Kingsville FY 23-24 budget to appropriate funding for Shift4 credit card processing fees for the Tourism Department. Funding will come from the Tourism unappropriated furid balance of Fund 002.] I. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. II. THAT iff 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 Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 1 IV. THAT this Ordinance shall not be codified but shall become effective on and after adoption and publication as required by law. INTRODUCED on this the 28th day of May 2024. PASSED AND APPROVED on this the 10th day of. June 2024. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AST TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #20 AGENDA ITEM #21 RESOLUTION #2024- A RESOLUTION APPOINTING A COMMISSION MEMBER TO THE CITY OF KINGSVILLE FINANCE/AUDIT COMMITTEE; REPEALING ALL CONFLICTING RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kingsville currently has one Commission Member appointed WHEREAS, the City Election held on May 4, 2024 resulted in a change in Commission membership, the new Commission is able to select a Commission NOW, THEREFORE BE IT RESOLVED by the City Commission of the City of to the City of Kingsville Finance/Audit Committee; Member the Finance/Audit Committee; Kingsville, Texas: I. THAT be appointed to the City of Kingsville Finance/Audit Committee as the Commission Member representative. II. THAT all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict only. III. THAT this resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote of the City Commission on the 10th day of June, 2024. Sam Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED ASTO FORM: Courtney Alvarez, City Attorney AGENDA ITEM #22 RESOLUTION #2024- A RESOLUTION APPOINTING A COMMISSION MEMBER TO THE CITY OF KINGSVILLE INVESTMENT COMMITTEE; REPEALING ALL CONFLICTING RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kingsville currently has one Commission Member appointed WHEREAS, the City Election occurred on May 4, 2024 sO the new Commission is NOW, THEREFORE BE IT RESOLVED by the City Commission of the City of to the City of Kingsville Investment Committee; able to select a Commission Member for the Investment Committee; Kingsville, Texas: I. THAT be appointed to the City of Kingsville Investment Committee as the Commission Member representative. II. THAT all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict only. III. THAT this resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote of the City Commission on the 10th day of June, 2024. Sam Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney AGENDA ITEM #23 NREDIe City Manager's Office TO: CC: FROM: DATE: SUBJECT: Mayor and City Commissioners City Manager May 20, 2024 Memo for Agenda Item to Appoint a Commission Member and the City Manager as Voting Members oft the Coastal Bend Council of Governments, andi to Designate Two Alternate Members Summary: The City of Kingsville has two voting positions on the board of the Coastal Bend Council of Governments (CBCOG) and two alternate positions. For four years, the City Manager was one of the two voting membersi representing the City of Kingsville. Justre recently, there was a request to make the City Manager an alternate member sO that former Commissioner Ann Marie Torres and current Commissioner Norma Alvarez could represent the City as voting members in order to fill other committee roles att the COG that required an elected official (ie, a City Commissioner). Commissioner Hector Hinojosa was also designated With the recent City election, the City Commission needs to designate two voting members and two as an alternate member fort the City at that time. alternate members to the CBCOG. Costs: a. None to the City for this action item. Recommendation: 1. l,asthe City! Manager, am requesting re-appointment to the open voting member position on the 2. City Commission is requested to discuss and designate one of their own as the other voting 3. Once decided, the City Manager will forward the authorizing resolution naming the City's two voting and two alternate members to the Interim Executive Director of the CBCOG. Coastal Bend Council of Government representing the City of Kingsville. member: and two of their own as alternate members. Kingsville RESOLUTION #2024- A RESOLUTION APPOINTING TWO REPRESENTATIVES AND TWO ALTERNATE REPRESENTATIVES TO THE COASTAL BEND COUNCIL OF GOVERNMENTS; REPEALING ALL CONFLICTING RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kingsville currently has two representatives and two alternate representatives appointed to the Coastal Bend Council of Governments WHEREAS, only representatives can vote and serve on a COG executive WHEREAS, the City held an election on May 4, 2024 to elect a new City Commission and now needs to approve this resolution naming two representatives WHEREAS, up until January 22, 2024, the City Manager was a representative member of the COG when he agreed to swap his position with Commissioner Alvarez's position as an alternate, which made her eligible to serve on the COG executive board and certain committees, and he desires to be a representative NOW, THEREFORE BE IT RESOLVED by the City Commission of the City of (COG); board/committee, alternate representatives cannot; and two alternate representatives to represent the city in the COG; member again. Kingsville, Texas: THAT I. and be appointed as representatives of the City of Kingsville at the COG and that and be alternates to represent the City at the COG when needed. I. THAT all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict only. III. THAT this resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote of the City Commission on the 10th day of June, 2024. Sam Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney AGENDA ITEM #24 RESOLUTION #2024- A RESOLUTION APPOINTING A MAYOR PRO TEMPORE; REPEALING ALL CONFLICTING RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kingsville Charter in Article V, Section 11 states that "The Mayor and Commissioners shall exercise equal power and authority in the transaction of business for the City, except that the Mayor shall act as. presiding officer of the Commission, and in his absence a Mayor pro tempore may be WHEREAS, the City of Kingsville Charter in Article V, Section 11 further states that "The Mayor, or his representative as may be annually designated by the Mayor in writing, shall sign all official documents for the City upon the consent and proper instruction from the Commission, and shall perform all duties imposed upon him by this Charter, and by the ordinances of the City, or upon the order of said WHEREAS, the City of Kingsville held a general election on May 4, 2024 at which a Mayor and four Commissioner, who ran by place, were elected as the City NOW, THEREFORE BE IT RESOLVED by the City Commission of the City of chosen."; Commission.", Commission for the City of Kingsville for the next four years; Kingsville, Texas: I. THAT in accordance with Article V, Section 11, of the City Charter, is designated as Mayor Pro Tempore to be the presiding officer of the Commission in the Mayor's absence. II. THAT all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict only. III. THAT this resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote of the City Commission on the 10th day of June, 2024. 1 Sam Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 5/21/24, 1:22PM Kingsville, TX Code of Ordinances Section 11.- Duties of mayor and commissioners. The Mayor and Commissioners shall exercise equal power and authority int the transaction of business for the City, except that the Mayor shall act as presiding officer of the Commission, and in his absence a Mayor pro tempore may be chosen. The Mayor, or his representative as may be annually designated by the Mayor in writing, shall sign all official documents for the City upon the consent and proper instruction from the Commission, and shall perform all duties imposed upon him by this Charter, and by the ordinances of the City, or upon the order of said Commission. about:blank 1/1 AGENDA ITEM #25 AGENDA ITEM #26 RESOLUTION #2024 A RESOLUTION AUTHORIZING STAFF TO MOVE FORWARD WITH SALE OF THE CITY'S REAL PROPERTY KNOWN AS KENEDY PARK LOCATED OFF 14th STREET AND EAST KENEDY STREET (5TH ADDITION, BLOCK 4, LOTS 17-32&E WHEREAS, the City of Kingsville owns approximately 1.4141 acres of land off the corner of 14th Street and East Kenedy Street known as Kenedy Park (5th Addition, Block 4, Lots 17-32 & E40' of abandoned South 13th Street), in Kingsville, Texas; WHEREAS, the property was purchased by the City from the Kleberg Town & Improvement Company in 1944 as recorded in the Kleberg County records office in WHEREAS, the Parks Master Plan adopted in 2017 identified Kenedy Park as a location that was not needed as a park property given the proximity of other neighborhood parks that have amenities in them to service the area; and WHEREAS, due to its size the land is underdeveloped as a park and the City has no WHEREAS, the City's Parks Master Plan determined there was already a sufficient WHEREAS, the Texas Parks and Wildlife Code (Chapter 26) and the Texas Local Government Code (Chapter 253) require certain actions be taken prior to the use or WHEREAS, the City advertised in the Kingsville Record on February 3, 10 & 17, 2019 and in the Corpus Christi Caller-Times on February 3, 10 & 17, 2019 that a public hearing would be held at a City Commission meeting on February 25, 2019 for the purpose of considering decommissioning three pieces of park land, with the above- WHEREAS, the City called for and then held a special election on May 4, 2019 to seek voter approval for the decommissioning of three pieces of park land and the measures WHEREAS, the City Commission of the City of Kingsville via Resolution #21-46 on July 26, 2021 found it was in the best interest of the citizens of Kingsville that the approximately 1.4141 acres of land off the corner of 14th Street and East Kenedy Street known as Kenedy Park (5th Addition, Block 4, Lots 17-32 & E40' of abandoned South 13th Street), in Kingsville, Texas be decommissioned as park land to allow for it to be placed for sale as authorized by the Texas Local Government Code with any sale 40' OF ABANDONED S. 13TH ST.) INK KINGSVILLE, TEXAS. Volume 64, Page 263, #28529; future plans for the land; amount of park land to serve the needs of the residents; taking of park land for non-park purposes; referenced property being one of those three properties; were approved by local voters; proceeds being placed back into the park system; WHEREAS, the City has contacted the King Ranch regarding this proposal and they have no objection and the City desires that the proceeds from the sale of Kenedy Park be used for the development of the Chamberlain Park project to the north of City Hall; WHEREAS, the City Commission of the City of Kingsville fourd on July 26, 2021 via Resolution #2021-47 that it was in the best interest of the citizens of Kingsville that the approximately 1.4141 acres of land off the corner of 14th Street and East Kenedy Street at 5th Addition, Block 4, Lots 17-32 &E40' of abandoned S. 13th St., in Kingsville, Texas be placed for sale as authorized by the Texas Local Government Code; WHEREAS, the City believes that placing the land for sale would place the property back on the tax roll which would allow for future development of the property; WHEREAS, pursuant to the Texas Local Government Code, real property owned by the City can be sold via public auction, sealed bids, or for home-rule cities through a broker, WHEREAS, the City finds the property does not meet any of the exceptions to the bidding requirement as set out in Texas Local Government Code Section 272.001, staff previously recommended the property be sold via a broker as allowed by Texas Local Government Code Section 253.014 with the best offer coming back before the WHEREAS, the City previously approved Resolution #2021-50 on August 08, 2021 to enter. into a Commercial Real Estate Listing Agreement with the exclusive right to sell with a local broker Connie Womack in order to list the property through a multiple-listing WHEREAS, the property was listed by the real estate broker on a multiple-listing WHEREAS, an offer has been received by the broker using the multiple-listing service from a ready, willing, and able buyer who submitted the highest cash offer; WHEREAS, the City Manager now needs authority from the City Commission to execute a contract for the purchase of this real property and to take actions necessary NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of unless an exception is met; Commission for approval of the sale; service pursuant to state law; service for at least 30 days; to sell the identified property; Kingsville, Texas: . THAT the City Commission of the City of Kingsville finds that all conditions precedent to the placing this land for sale have been met and authorizes and directs the City Manager as an act of the City of Kingsville, Texas to take actions necessary to complete the real property sale in compliance with the Texas Local Government Code for the City's approximately 1.4141 acres of real property off the corner of 14th Street and East Kenedy Street at 5th Addition, Block 4, Lots 17-32&E40 of abandoned S. 13th St., in Kingsville, Texas. 2 II. THAT all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict only. III. THAT this Resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote oft the City Commission the 10th day of June, 2024. Sam Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED ASTO FORM: Courtney Alvarez, City Attorney 3