City vof Kingsville, Texas AMENDED AGENDA CITY COMMISSION MONDAY; SEPTEMBER2 23, 2024 REGULAR MEETING CITY HALL HELEN KLEBERG GROVES COMMUNITY ROOM 400 WEST KING AVENUE 5:00 P.M. - Regular Meeting Live Videostream: htps/lwwwfebokcokom/sinolnsavilets I. - Preliminary Proceedings. OPEN MEETING APPROMED! BY: TIL Mark McLaughline City Manager NVOCATION/PLEDGE OF ALLEGIANCE - (Mayor Fugate) MINUTES OF PREVIOUS MEETING(S) Regular Meeting - September 12, 2024 II. Public Hearing - (Required by Law)." III. Reports from Commission & Staff.2 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- Building Maintenance, Construction Updates; Park Services - grant(s) update, miscellaneous park projects, Adminstralon-OAsIOP 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 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 Pagelof3 AGENDA KINGSVILLE CITY COMMISSION September 23, 2024 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 separately unless requested by a Commission Member in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon.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 1. Motion to approve final passage of an ordinance amending the Fiscal Year 2023-2024 Budget to accept and expend grant funds from the Coastal Bend Regional Advisory Council 2. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 3, Water, providing fori fees increases for tampering with meters, damaging cut-offv valves, discontinuance cut-offs, certain service calls, interest, and late fee charges, and a change ini the penalty for late payments. (Finance Director). 3. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Section 13-Purpose and Authority for Third Party Plan Review Services. (Director of Planning and Development 4. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Sections 6, 8,11,23, &40, and Article 6-Zoning, Section 126, revising permit fees in building, plumbing, fuel gas, and sign 5. Motion to approve final passage of an ordinance amending the City of Kingsville Code ofOrdinances Chapter XV, Article 1, Building Regulations, Section 152, revising thet fee for swimming pools permits. (Director of Planning and Development Services). 6. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX, Article 10-Streets and Sidewalks, Section 35-permit required; fee, providing for change to fees. (Director of Planning and Development Services). 7. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Section 9-7-6 Abatement of Nuisance Lots; Administrative Fees, providing for revision of administrative fees. (Director of Planning and Development Services). 8. Motion to approve City participation in annual events and parades for FY2024-2025. not removed: fori individual consideration) for Fire Department medical supplies. (Fire Chief). Services). regulation codes. (Director of Planning and Development Services). (Downtown Manager). REGULAR, AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: VI. Items for consideration by Commissioners." 9. Consider approving al Proclamation naming November 1, 2024 as Arbor Day ini the City 10. Consider a resolution of the City of Kingsville, Texas adopting the FEMA approved Kleberg County and City of Kingsville, Texas Multi-Hazard Mitigation Plan. (City Engineer). 11. Consider a resolution authorizing the City Manager to execute the Contract with Global WET LLC for UV Filter Equipment for the Kingsville North and South Waste Water Treatment Plants. (funding for emergency repairs authorized 8/19/24) (Public Works of Kingsville. (Parks Director). Director). Page2of3 AGENDA- KINGSVILLE CITY COMMISSION September 23, 2024 12. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX-General Regulations, Article 8-Parks and Recreation, providing for revised golf course fees for the L.E. Ramey Golf Course. (Parks Director). 13. Consider motion to approve proposed ball Field Rental Fee with Lights and Park Shelter Rental Fee with Electricity, as per Code of Ordinances $9-8-7. (Parks Director). 14. Consider a resolution authorizing the City Manager to execute al Master Services and Purchasing Agreement for Customer and other documents related thereto with Axon Enterprise, Inc. for Police Department Body Worn and In-Car Cameras and Services. 15. Consider a resolution approving the City of Kingsville's 2024 Tax Roll as submitted by the Kleberg County Tax Assessor-Collector pursuant to the Texas Property Tax Code, (Police Chief). Chapter 26, Section 26.09(e). (Finance Director). VII. Adjournment. Noj 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 arel limited to 3 minutes per person. May be extended or permitted at other times ini the meeting only with 5 affirmative Commission votes. The speaker musti 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 alonzuolagityorsingiville.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: I, the undersigned authority do hereby certify that the Notice of Meeting was posted on the bulletin board at City Hall, City of Kingsville, 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 September 20, 2024. at 3:00 P.M. and remained sO posted continuously for at least 72 hours Competitive Matters), and 551-087 (Economic Development). following date and time: proceeding the scheduled time of said meeting. manyeMalunyule 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: Page3of3 AGENDA- - KINGSVILLE CITY COMMISSION September 23, 2024 MINUTES OF PREVIOUS MEETING(S) SEPTEMBER 12, 2024 A SPECIAL MEETING OF THE CITY OF KINGSVILLE CITY COMMISSION WAS HELD ON THURSDAY, SEPTEMBER 12, 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 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 Derek Williams, IT Emilio Garcia, Health Director John Blair, Chief of Police Leticia Salinas, Accounting Manager Deborah Balli, Finance Director Susan Ivy, Park Director Bill Donnell, Public Works Director Rudy Mora, City Engineer Juan J. Adame, Fire Chief Kyle Benson, Director of Information & Technology Erik Spitzer, Director of Economic & Development Services Diana Gonzalez, Human Resources Director Mike Mora, Capital Improvements Manager Charlie Sosa, Purchasing Manager 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) Special Meeting - August 14, 2024 Motion made by Commissioner Lopez to approve the minutes of August 14, 2024, as presented, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Lopez, Alvarez, Hinojosa, Alarcon, Fugate voting "FOR", Regular Meeting - August 26, 2024 Motion made by CommissionerLopez to approve the minutes of August 26, 2024, as presented, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Alvarez, Alarcon, Lopez, Fugate voting "FOR". Hinojosa "ABSTAINED". Page1 1 of9- September 12, 2024 Regular Meeting = September 5, 2024 Motion made by Commissioner Lopez to approve the minutes of September 5, 2024, as presented, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Lopez, Alvarez, voting "FOR". Fugate "ABSTAINED". I. Public Hearing - (Required by Law).1 III. Reports from Commission & Staff.2 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- Building Maintenance, Construction Updates; Park Services - grant(s) update, miscellaneous park projects, Adminstralon-ORSIOP 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. Noi formal action can Mr. Mark McLaughlin, City Manager reported on Sparklight discontinuing analog service in Kingsville. This is a private company, and the city has no authority in Sparklight's Commissioner Alvarez mentioned a situation she encountered with Sparklight for her Ms. Courtney Alvarez, City Attorney reported that the next city commission meeting is scheduled for Monday, September 23, 2024. The deadline to submit agenda items for that meeting is September 12, 2024. The following meeting will be on Tuesday, October 15, 2024, as Monday, October 14, 2024, is Columbus Day and city offices willl be closed. The deadline for agenda items for the October 15th meeting is set for September 27, 2024. be taken on these items at this time." decision-making. home service. 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 by a Commission Member in which event the item ori 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 items will be adopted by one vote. PageZof9-September: 12, 2024 CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM (At this point the Commission will vote on all motions, resolutions, and ordinances Motion made by Commissioner Lopez to approve the consent agenda as presented, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Alvarez, Hinojosa, Alarcon, Lopez, Fugate voting "FOR". 1. Motion to approve final passage ofa an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 2-Sewers, Section 3-Required Taps, Connections, providing for an increase in sewer tap fees. (Public Works Director). 2. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter V,Article 3, Section 52, providing for an increase in watert tapping charges and adding water boring tap charges. (Public Works Director). 3. Motion to approve final passage of an ordinance amending the Fiscal Year 2023- 2024 budget to appropriate additional funding for sanitation professional services PREVIOUS MEETINGS: not removed. for individual consideration) and vehicle maintenance. (Public Works Director). REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: VI. Items for consideration by Commissioners. 4. Consider introduction of an ordinance amending the Fiscal Year 2023-2024 Budget to accept and expend grant funds from the Coastal Bend Regional Advisory Mr. Juan J. Adame, Fire Chief stated that the Kingsville Fire Department is requesting approval to amend the Fiscal Year 24-25 budget to carry over surplus funds from a grant from the Coastal Bend Region Advisory Council (CBRAC) for $4,149.00. CBRAC distributes funds to emergency medical services departments each year based on the number of EMS Calls. This grant funds will be used to purchase medical equipment and 5. Consider approving authorization to issue Requests for Proposal for Administrative Services for grant Pre-application (phase I), Application (phase II), and Implementation Services for the 2025/2026 Texas Community Development Fund, administered by the Texas Department of Agriculture. (City Engineer). Mr. Rudy Mora, City Engineer stated that the Community Development Fund for the 2025- 2026 cycle offers a maximum award of $750,000 with a city catch match requirement of 15% which equals $112,500.00 which can include in-kind service line in-house engineering. Historically, high-scoring applications have focused on water system improvements, crucial for providing quality housing and living conditions, especially for low tor moderate-income residents. The program aims to develop a viable community by expanding economic opportunities for low to moderate-income residents. This goal aligns with our objectives for the 2025-2026 funding cycle. Mr. Mora further stated that the deadline for applications for the 2025-2026 funding cycle is December 1, 2024. Adhering tot this timeline is crucial for submitting a competitive application. The cost to advertise the FRO in the local newspaper is approximately $500. This expenditure is essential for attracting a competitive selection of qualified administrative service providers, ensuring Council for Fire Department medical supplies. (Fire Chief). supplies. Introduction item. effective grant administration. Page 30 of9- September 12, 2024 Motion made by Commissioner Alvarez to authorize issue Requests for Proposal for Administrative Services for grant Pre-application (phase I), Application (phase II), and Implementation Services for the 2025/2026 Texas Community Development Fund, administered by the Texas Department of Agriculture, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: 6. Consider a resolution authorizing the City to submit an application to the U.S. Bureau of Reclamation WaterSMART Drought Response Grant Program for the City Mr. Mora stated that The U.S. Bureau of Reclamation has announced the WaterSMART Drought Response Program for Fiscal Year 2025, offering grants between $25,000 and $10,000,000. As a disadvantaged community, the city is eligible for this program, which provides 95% federal funding and requires a 5% city match. If awarded, the following projects are under consideration: Rehabilitation of well #20 with new equipment; Rehabilitation of well #14 with new equipment; Construction of a new Elevated Storage Tank (EST) at well #25; Installation of ar new water well atl Dick Kleberg Park; Rehabilitation of wells #22 and #24. These projects are crucial for maintaining and enhancing our water infrastructure, particularly during drought conditions. Water is essential for community consumption, fire protection, economic growth, social equity, and environmental Motion made by Commissioner Alarcon to approve the resolution authorizing the city to submit an application to the U.S. Bureau of Reclamation WaterSMART Drought Response Grant Program for the City of Kingsville, Texas, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: 7. Consider awarding bid for RFP#24-13 Landfill South Drainage Infrastructure- Lined Channel as per recommendation of contract engineer. (Purchasing Manager). Mr. Charlie Sosa, Purchasing Manager stated that this item authorizes the city to accept bids and award a contract to Lowman Land Improvements Inc., for RFP #24-13 Landfill South Drainage Infrastructure-lined Channel for the city. The request for proposal was advertised in the Kingsville Record on August 1, 2024, and August 8, 2024. The city received four responses from Lowman Land Improvements of Orange Grove, TX, ERS of MS Inc. of Jacksonville, MS., Texas Chili of Kingwood, TX, and EnviroCon Systems Inc. of Houston, TX. Mr. Sosa further stated that Hanson Engineering reviewed the proposal and found the information received responsive. Bids received range from $299,814.00 to $490,714.64. Hanson Engineering is recommending the city accept the apparent low bidder, Lowman Land Improvement Inc. for $299,814.00. Funds are available through the Motion made by Commissioner Lopez to award bid for RFP#24-13, Landfill South Drainage Infrastructure Lined Channel as per the recommendation of contract engineer, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Lopez, Alvarez, Hinojosa, Alarcon, Fugate voting 8. Consider final passage of an ordinance adopting the City Manager's budget, as amended, oft the City ofKingsville, Texas, and appropriating funds for the fiscal year beginning October 01, 2024, and ending September 30, 2025, in the particulars Mr. McLaughlin went over highlights regarding the FY 24-25 budget. He stated that the budget has revenues of $96,343,339.20 and expenses of $116,179,345.63. This is Hinojosa, Alarcon, Lopez, Alvarez, Fugate voting "FOR". ofKingsville. Texas. (City Engineer). sustainability. Alarcon, Lopez, Alvarez, Hinojosa, Fugate voting "FOR". Landfill Closure line item. "FOR". hereinafter stated. (Finance Director). Page4of9- September 12, 2024 predicated on at tax rate of $0.77000 on the hundred dollars for the ad valorem taxi rate. Of that, the M&O portion oft the tax rate is $0.6048 on the hundred which will bring in revenues for maintenance and operations of about $7 million. The Interest and Sinking fund to cover the city's debt is $0.1652 on the hundred which is to pay the city's debt for next year of $1,944,426.00, this is predicated on a 98% collection rate. The $0.77000 on the hundred falls above the no new revenue rate of $0.73176 but below the voter-approved tax rate of $0.79793. Mr. McLaughlin further stated that in this budget there is a water increase of 15% which will bring approximately $750,000.00 in additional revenues to support the city's capital improvement plan. The sewer rate has an increase of 13% which will bring approximately $624,000.00 for sewer work that needs to be done. The sales tax that is in this budget is $6,446,139.00 whichi is what was anticipated would be collected fort this year. Sales tax numbers came out today and it was a great month of September, which is about $63,000 above the budget and end the year at about $6.5 million on the sales tax. The street user fee has an increase of $2.001 for residential and 20% for commercial. The street user fee should bring in approximately $311,000.00 which is higher than this year. Mr. McLaughlin stated that he will be meeting with staff to get the order of streets that need to get done and ifi it all works out, about seven miles of road will be done with three of them full-depth construction and seventeen will be chip sealed and eight that will be milled and overlayed. The General Fund, fund balance in this budget, as of now, is projected to be $6,921,921.96 which is 26.59% and the city meets all its requirements. The Utility Fund has a projected ending fund balance for September of next year of $3,465,941.52 which is at 26.06%. The budget that is being proposed is a culmination of work that has been discussed with the commission throughout seven budget workshops. The budget includes the two collective bargaining agreements, a new collective bargaining agreement for Fire, and year two for the Kingsville Police Department. Also included are 17 of the 175 supplementals submittedtotalingi over $1.4r million in capital improvements and heavy lifting work that needs to get done. Mr. McLaughlin stated that the city meets all of its debt obligations for next year. This continues the second year of the Evergreen Compensation Plan in this budget. There are some changes to this budget such as the Jail Contract which is almost $320,000 which is a 127% increase over this year. It also includes staffing of 2 firefighters, but are not paid for yet, they will budget amendment for when funds become available with the positions that are not filled right now. This will be the last year for the expensing of ARP Funds as all funds need to be earmarked by this December and spent by next year. The health insurance increase was 18%, which will be paid by the city sO that we would not have to impact the employee. There is a change ini the property and liability as the city has migrated to the TML Risk Pool for this next budget. The overall budget increased from $374,000.00 to $408,000.00, including windstorm. Mr. McLaughlin thanked Motion made by Commissioner Lopez I move to approve final passage of an ordinance adopting the City Manager's budget, as amended, oft the City of Kingsville, Texas, and appropriating funds for the fiscal year beginning October 1, 2024, and ending September 30, 2025, in the particulars hereafter stated, seconded by Commissioner Alvarez asked about the dollar amount for expenses being higher than the amount for revenues. Where is the additional money coming from? Mr. McLaughlin responded that it looks like a deficit, but it's not. He further stated that the revenues that are needed to make these expenses have already been collected either this year or the previous year tot this year. He further stated that there is around $47 million in all the fund balances added up. Iti is projected to expense it this next fiscal year and we have already collected it. He also stated that you don't count revenues twice. Commissioner Alvarez asked if the city has a healthy fund balance. Mr. McLaughlin responded yes. the commission for their input during the budget workshops. Commissioner Alvarez. Page! 5of9-5 September 12, 2024 The motion was passed and approved by the following vote: Alvarez, Hinojosa, 9. Consider ratifying the property tax increase reflected in the 2024-2025 Annual Motion made by Commissioner Lopez I move to ratify the property tax increase reflected in the 2024-2025 Annual Budget for the City of Kingsville, Texas, seconded by Commissioner Alvarez. The motion was passed and approved by the following 10. Consider final passage ofanordinance establishingand. adopting the ady valorem tax rate for all taxable property within the City of Kingsville, Texas for fiscal year beginning October 01,2024, and ending September: 30, 2025, distributing the tax levy among the various funds, and providing for a lien on real and personal property to Motion made by Commissioner Alvarez, I move that the property tax rate be increased by the adoption ofa a tax rate of $0.77000, whichi is effectivelya! 5.23 percent increase in the tax rate, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: Alarcon, Lopez, Alvarez, Hinojosa, Fugate 11. Consider final passage of an ordinance amending the City of Kingsville Code of Ordinances by amending Chapter III, Article 7, Personnel Policies. (Human Mr. McLaughlin stated that this is the compensation plan that is passed every year that Motion made by Commissioner Lopez to approve the ordinance amending the City of Kingsville Code of Ordinances by amending Chapter III, Article 7, Personnel Policies, seconded by Commissioner Alvarez. The motion was passed and approved by thet following vote: Lopez, Alvarez, Hinojosa, Fugate voting' "FOR".Alarcon voting 12. Consider final passage of anordinance ratifying Classifications and prescribing the number of positions in such classifications for the classified service in the Fire Department by adding two new civil service positions. (Human Resource Director). Motion made by Commissioner Lopez to. approve the ordinance ratifying classifications and prescribing the number of positions in such Classifications for the classified service in the Fire Department by adding two new civil service positions, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Alvarez, Hinojosa, Alarcon, Lopez, Fugate voting 13. Consider final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 3-Water, providing for an increase in water rates, Mr. McLaughlin stated that this ordinance is for an increase in water rates of 15%. Motion made by Commissioner Alvarez to approve the ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 3-Water, providing for an increase in water rates, providing for an increase in water rates, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: Alarcon, Lopez, Fugate voting "FOR". Budget of the City of Kingsville. (Finance Director). vote: Hinojosa, Alarcon, Lopez, Alvarez, Fugate voting "FOR". secure the payment of taxes assessed. (Finance Director). voting' "FOR". Resource Director). includes all the positions in the city. "AGAINST". "FOR". providing for an increase in water rates. (Finance Director). Hinojosa, Alarcon, Lopez, Alvarez, Fugate voting "FOR". Page 6of9- September 12, 2024 14. Consider final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 2, Sewers, Section-2 User Classification, Schedule Of Charges, providing for an increase in sewer rates. (Finance Director). Motion made by Commissioner Alarcon to approve the ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 2, Sewers, Section-2 User Classification, Schedule Of Charges, providing for an increase in sewer rates, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: Alarcon, Lopez, Alvarez, Hinojosa, Fugate voting "FOR". 15. Consider final passage of an ordinance amending the City of Kingsville Code of Ordinances Sections 9-10-56 and 57 to update the fees used for the purposes of Motion made by Commissioner Lopez to approve the ordinance amending the City of Kingsville Code of Ordinances Sections 9-10-56 and 57 to update the fees used for the purposes of funding the City Streets System, seconded by Commissioner Alarcon. The motion was passed and approved by thet following vote: Lopez, Alvarez, 16. Consider final passage of an ordinance amending the Code of Ordinances of the City of Kingsville, Texas, Chapter V Public Works, Article 6 "Stormwater Utility System", Section 21 Fee Calculation, to increase the monthly stormwater utility fees for the purpose of funding the stormwater utility system. (City Engineer). Motion made by Commissioner Lopez to approve the ordinance amending the Code of Ordinances of the City of Kingsville, Texas, Chapter V Public Works, Article 6 "Stormwater Utility System", Section 21 Fee Calculation, to increase the monthly stormwater utility fees for the purpose of funding the stormwater utility system, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Alvarez, Hinojosa, Alarcon, Lopez, Fugate voting "FOR". 17. Consider rejecting all bids for Bid No. 24-14: 2023-2024 City-wide Miscellaneous Concrete and Drainage Improvements - Phase 3. (City Engineer). Motion made by Commissioner Alarcon to approve rejecting all bids for Bid No. 24- 14: 2023-2024 City-wide Miscellaneous Concrete and Drainage Improvements = Commissioner Alvarez asked for the number of bids received and further asked if staff will Mr. Mora responded that there were three bids received with two of them withdrawing their bids after being turned in. There were: some errors in the bidding process, sO staff wants to funding the City Streets System. (City Engineer/). Hinojosa, Alarcon, Fugate voting "FOR". Phase 3, seconded by CommissionerLopez be going out for bids again. clarify everything and start on a clean slate. Mayor Fugate asked if this had been presented toi the commission before. Mr. Mora responded not for awarding. This is for phase 3 out of two other phases, sO to The motion was passed and approved by the following vote: Hinojosa, Alarcon, 18. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 3, Water, providing for fees increases for tampering with meters, damaging cut-off valves, discontinuance cut-offs, certain service calls, interest, and late fee charges, and a change in the penalty for late payments. answer the question yes. Lopez, Alvarez, Fugate voting "FOR". (Finance Director). Pagez 7of9- September 12, 2024 Mr. McLaughlin stated that there is damage to the city's property from individuals that tamper with city equipment. This will not charge them a penalty for the tampering. Introduction item. 19. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Section 13-Purpose and Authority for Third Party Plan Review Services. (Director of Planning and Mr. Erik Spitzer, Director of Planning and Development Services stated that is being proposed to add language to the existing third-party plan review ordinance to ensure that the fees charged by the company, specifically Bureau Veritas, for both residential and commercial plans are recouped by the city. The city currently has an existing contract with at third-party company to review those when the workload surpasses the local department capacity. To ensure those proper fees are recouped the third-party fees will be collected upfront from the customer plus a 10% administrative fee when the plans are accepted for Development Services). review. Introduction item. 20. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Sections 6,8,11,23, &40, and Article 6-Zoning, Section 126, revising permit fees in building, plumbing, fuel gas, and sign regulation codes. (Director of Planning and Development Services). Mr. Spitzer stated that this is for a $0.02 increase per square foot to roof fees collected. There is a current reinspection fee of $50.00 andv what is being recommended is the second reinspection fee of $100.00 for the same item being inspected. Ifit fails twice and had to have a third reinspection it would be for a cost of $150.00. There is a $100.00 permit fee for new commercial construction that was not considered before, which would account for all the time spent by the Permit Clerk and Building Official. The fence fee is from $35.00 to $50.00 and a permit renewal fee of $75.00, if you would like to extend that permit beyond a year. Commercial remodels, the current ordinance does not cover those remodels, so it isp proposed that at fee of$125.001 forreview and $0.30 per square foot. For swimming pools, there was no pool application fee and now it is being proposed pool application fee of $25.00 for plan review and $0.30 per square foot. The fee for a permanent certificate of occupancy was $25.00 and if there were additional floors it was $15.00, but it is now being proposed to be a straight $75.00 fee. There is a small increase being proposed for the water heater permit from $10.00 to $15.00. Mr. Spitzer further stated that when staff has caught individuals working without a permit, the current fee is double the amount of the permit fee. What is being proposed is an additional $150.001 to deter work without a permit. 21. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV,Article 1, Building Regulations, Section 152, revising the fee for swimming pools permits. (Director of Planningand Development Services). Mr. Spitzer stated that this would be a $25.00 review fee plus $0.30 per square foot. Introduction item. Introduction item. 22. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances ChapterIX, Article 10-Streets and Sidewalks, Section 35-permit required; fee, providing for change to fees. (Director of Planning and Development Services). Page 8of9- September 12, 2024 Mr. Spitzer stated that this is for a driveway curb out from $15.00 to $50.00 and a sidewalk/curb and gutter from $10.001 to$50.00. Introduction item. 23. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Section 9-7-6 Abatement of Nuisance Lots; Administrative Fees, providing for revision of administrative fees. (Director of Planning and Development Mr. Spitzer stated that in this section the current administrative fee for abatements is $150.00 plus additional based on the operator or two, we currently have only one operator working. The proposed increase is $300.00 for the first abatement and $400.00 for the second abatement, and $500.00 for the third abatement at the same location. Services). Introduction item. VI. Adjournment. There being no further business to come before the City Commission, the meeting was adjourned at 5:48 p.m. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary Page 9of9-September: 12, 2024 CONSENT AGENDA AGENDA ITEM #1 City of Kingsville Department Name TO: CC: FROM: DATE: Mayor and City Commissioners Mark McLaughlin, City Manager Juan. J. Adame, Fire Chief September 5,2024 SUBJECT: Fire Department Budget Amendment Summary: The Kingsville Fire Department is requesting approval to amend the FY: 24-25 budget to carry-over surplus funds from a grant from the Coastal Bend Regional Advisory Council (CBRAC) in the amount of $4,149. Each year CBRAC distributes funds to emergency medical services departments based on the number of Background: EMS calls. Financial Impact: Recommendation: Nof financial impact. This grant will be used to purchase medical equipment and supplies. Approve the carry over of surplus funds from the CBRAC grant in the amount of $4,149. TEXAS Kingsvilleha alisodea ojes 0104d yoeg uo syeeg ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2023-2024 BUDGET TO ACCEPT AND EXPEND GRANT FUNDS FROM THE COASTAL BEND REGIONAL ADVISORY COUNCIL WHEREAS, it was unforeseen when the budget was adopted that there would be a need for FOR FIRE DEPARTMENT MEDICAL SUPPLIES. 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#59 Account Name Dept Dept Name No. Fund 027 - EMSFund Revenues 2200 Fire Expenditures 2200 Fire Account Budget Budget Number Increase Decrease State Grants Medical Supplies 72010 22400 $4,149 $4,149 [Toa amend the City of Kingsville FY: 23-24 budget to accept and expend grants funds from the Coastal Bend Regional Advisory Council for medical supplies. Funding will come from the grant funding for this purpose.] 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 1 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. INTRODUCED on this the 12th day of September 2024. PASSED AND APPROVED on this the 23rd day of September 2024. EFFECTIVE DATE: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #2 City of Kingsville Public Works, Wastewater Division TO: CC: FROM: DATE: SUBJECT: Summary: Mayor and City Commissioners Mark Mclaughlin, City Manager Deborah Balli, Finance Director August 28, 2024 Utility Billing Fee Increases - FY: 24-25 Budget The Utility Billing Department analyzed their current fees and determined there were several fees that either needed to bei implemented and increased and include thei following: Utility Billing Penalty (Late Fee)-The proposed fee would bet the greater of $5.00 or1 10% of the current bill. Thei fee currentlyi is the greater of$3.00or 3% ofthe current bill. Alice Utility Billing Reconnect Fee (During Business Hours) - This would be a newi fee as the City does not charge a reconnect fee. Currently there are: 179 reconnects per month. Utility Billing Reconnect Fee (After Hours) -1 This would increase the fee from $501 to $75. Utility Billing Tamper Fees - The current fees are! $75 fori the 1st tamper, $150 for the 2nd tamper with a max of $1,000 in fees. The newi fees would be $100 for the 1st tamper, $200 for the 2ndt tamper with a max of $1,000 in fees. Once the fee maxi is reached, the changes 15% oft the current bill. On average, there are only 10 calls per year. meter is removed. Financial Impact: FY24-25. Recommendation: above. The additional estimated revenues of $62,150 have been included in the Utility Fund budget for Staff recommends the approval oft the proposed new or updates to current fees as stated Kingsvillet TEXAS ORDINANCE NO. 2024- AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER V, ARTICLE 3, WATER, PROVIDING FOR FEES INCREASES FOR TAMPERING WITH METERS, DAMAGING CUT-OFF VALVES, DISCONTINUANCE CUT-OFFS, CERTAIN SERVICE CALLS, INTEREST, AND LATE FEE CHARGES, AND A CHANGE IN THE PENALTY FOR LATE PAYMENTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. AND PUBLICATION. WHEREAS, the cost to provide this service has increased substantially in the time since WHEREAS, this Ordinance is necessary to protect the public safety, health, and welfare NOWT THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF the rates were last adjusted; of the City of Kingsville. KINGSVILLE, TEXAS: I. THAT Section 5-3-33 through 5-3-99 of Article 3: Water of Chapter V, Public Works, of the Code of Ordinances of the City of Kingsville, Texas, shall be amended to read as follows: $5-3-33 TAMPERING OR INTERFERING WITH METERS AND THE LIKE. Its shall be unlawful for any person: (A) To cover over or conceal from view any water valve box, service or meter box; (B) To remove any water meter or water meter lid that has been placed by the city, ort to in any manner change, interfere with or tamper with any water meter or water meter (C) To directly ori indirectly inhibit authorized representatives oft the city from reading, checking or repairing water meter and/or meter box at all reasonable hours oft the day. (62 Code, $3-1-2) (Ord. - passed 9-22-58; Am. Ord. 81003, passed 1-26-81) A violation of this ordinance shall result in a fee of $75.00 $100 for the initial violation, $150.00 $200 for a second violation, and an additional $150.00 $200 fee for each lid; additional violation not to exceed $2,000. 1 $5-3-37 DAMAGE TO CUT-OFF VALVE. The unintentional damage of a cut-off valve shall result in a fee to the customer of$50 ranging from $123.75 through $674.41 depending on the size oft the mèter at the location to-the-customes, $5-3-53 FAILURE TO PAY; DISCONTINUE SERVICE. (A) All charges for water service furnished or rendered by the City. Water Department shall be due when rendered and are payable, unless otherwise specified, on or before the date shown ont the face of the bill. Bills not paid byt this date are in default and service (B) Notice of default shall be sent to the customer by U.S. Mail to the address shown on (C) When: service has been discontinued fori failure to payf fors services rendered, a charge of$ $20 shall be levied for each and every meter discontinued. Where a meter has been removed or locked for failure to pay for services rendered, an additional charge of $25 $45 shall be levied for each and every meter removed or locked. These charges must be paid before such service shall be restored or water turned on. An additional fee of $50 $75 shall be charged for restoration of service after. regular working hours and. an additional fee of $25 shall be charged for restoration of service during regular working hours; the payment shall be due ati the time ofservice, such payment being accepted only (D) Failure to receive a bill in no way exempts a customer from payment of bills or the (E) Any customer owing water, garbage or sewer bills, and removing to other premises where there are water connections or where connections are thereafter made, shall, before being permitted to use the water, pay all former delinquencies. Further, a customer's current unpaid water, sewer and garbage charges may be transferred to another premises where water service is currently in use when services are being rendered to the same person at the same time, and one is disconnected. (62 Code, S (F) It is the policy of the city to discontinue water service to customers by reason of nonpayment ofbills only afterr notice and lameaningful opportunity tol be heard on disputed bills. The city's form for application for water service and all bills shall contain the address and telephone number for billing inquires, clearly visible and easily readable provisions may be discontinued for such default. the customer's application. in the form of check or money order. provisions of these terms and conditions. 3-1-13) (Ord. 84030, passed 10-29-84) Penalty, see $5 5-3-99 tot the effect: 2 (1) That all bills are due and payable on or before the date set forth on the bill; (2) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within eight days of the mailing of the and second bill, service will be discontinued for nonpayment; and (3) That any customer disputing the correctness of his bill shall have a right to present orally or in writing his complaint and contentions to the city official in charge of water billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's (G) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the dispute procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at (H) When it becomes necessary for the city to discontinue water service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due complaint. least 30 days. have been paid, along with the charges listed in division (C) above. Statutory reference: CODE S 402.0025. and 552.0025 Connection and disconnection for municipal utility service, see TEX. Loc. GOVT $5-3-54 INTEREST CHARGE ON LATE PAYMENTS. In addition to the terms and conditions stated in S 5-3-53, all customer classes shall pay a penalty if not paid by the due date printed on the customer's bill. The penalty shall bei the greater of$5 $3or 3%5% oft the current billing due as stated on the bill. An interest charge shall be assessed on all accumulated arrears, penalties, and interest which are not paid by the subsequent month's billing. The interest charge shall be the greater of$5 $3 or 3% 5% per month and shall be assessed on all amounts shown as arrears, penalties, or interest due. (62 Code, S 3-1-13) (Ord. 89043, passed 9-11-89) $5-3-55 WAIVER OF LATE CHARGES; EXEMPTION. (A) Utility bills are due and payable by the 14th day after the date on the bill. The greater of $5 $3or3 3% 5% of the bill due will be assessed as a late charge on bills not paid by the due date. However, the late service charge may be exempted for a period of 25 days upon request of an individual customer who is receiving social security benefits 3 (retirement or disability) and is lowi income. Persons receiving social security benefits are considered low income if their sole source of support are social security payments and their outside income, ifany, does not exceed $3,850annually. (62 Code, $3-1-13) (Ord. 90026, passed 6-25-90) S 5-3-99 PENALTY. (A). Any person who violates any provision of this article for which no penalty is otherwise provided shall be subject to the penalty provided in S 1-1-99. (B) Violation of any oft the provisions of S 5-3-35 shall constitute a misdemeanor and be punishable by a fine of not less than $250.00 nor more than $2,000.00 and each day shall constitute a separate offense, provided that, any violation of this section which results or could result in the pollution, endangering, or contaminating of the publiç water supply shall constitute a misdemeanor and be punishable by a fine not less than $1,500.00 nor more than $2,000.00 and each day shall constitute a separate (C). Any person, firm or corporation violating any of the provisions of the mandatory water use restrictions which have been formally initiated by the city and contained in the Water Conservation and Drought Contingency Program as adopted in S 5-3- 36 shall be deemed guilty of a misdemeanor and upon conviction in the Municipal Court of the city shall be punished by a fine not to exceed the sum of $500.00 for each offense, and each and every day any such violation shall continue shall be deemed to (D). A violation of SS 5-3-32 through 5-3-34, SS 5-3-37 through 5-3-39 and SS 5-3- 52 through 5-3-54 shall result in a fee of $75.00 $100 for the initial violation, $150.00 $200 for a second violation, and an additional, $150.00 $200 fee for each additional (Ord. 94020, passed 9-12-94; Ord. 95029, passed 11-13-95; Ord. 2002-20, passed 9- offense. constitute a separate offense. violation not to exceed $2,000.00. 9-02) 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 ofa court of competent jurisdiction, it shall not affect any other section, paragraph, 4 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 be codified and become effective on and after adoption and publication as required by law. INTRODUCED on this the 12th day of September, 2024. PASSED AND APPROVED on this the 23rd day of September, 2024. Effective Date: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 5 AGENDA ITEM #3 Planning and) Development Services 410 WI King Kingsville, TX 78363 PH:361-595-8055 CITY Kingsville MEMO Date: To: From: Subject: August 294,2024 Mark McLaughlin (City Manager) Erik Spitzer (Director ofPlanning and Development Services) The City of] Kingsville Planning and Development Services Department is seeking approval from the City Commissioners and Mayor to add language to the existing Third-Party Plan Review Ordinance to ensure fees charged by a company: for residential and commercial plan reviews are recouped by the city Summary: The Department of Planning and Development Services currently has an existing contract with a Third-Party Plan Reviewer ("Bureau Veritas") to. conduct plan reviews for both residential and commercial plans when workload surpasses local department capacity. To ensure the proper fees are recouped when plans are sent to the' Third-Party Plan Reviewer, the Planning Department will collect the "Third-Party" company fees upfront from the customer + a 10% Background: The current City of] Kingsville Code ofOrdinance Sec. 15-1-13 does not reflect this "pass thru" cost. administrative fee when plans are accepted for review. Proposed additional language underlined andl highlighted in "yellow" below: Sec. 15-1-13 Purpose and authority for third party plan review services. Thej purpose oft thej procedures enumerated ini this section is toj provide the city with a selection procedure: for pre- qualifying companies toj perform the services ofp plan review under thej provisions established by the code. This section shall be applicablet to the city's selection ofthird-party plant review companies under the authority oft the Building Official. Specifically, the city, by andi through the Building Official, shall select at third-party plan review company solely on the basis ofc qualifications. Thel Building Official through thel Pre-Qualification Procedure enumerated. herein shall reviewa company's qualifications. In addition, this section does not apply to the hiring of such companies by the city toj provide services relating toj potential litigation or to provide services ancillary to compliance with local, state, or federal laws. Such] hiring shall be donei in consultation witht the City Attorney andi in accordance with the applicable requirements of local, state, or federal law. All plan review fees charged by at third party company (with which the city has an existing contract) will bé paid. for upfront by the customer séeking aj plan review plus al 10% administrative fee (e.g.. company" "X" chargés $15001 fora aplan review ofas single family residence: the City of] Kingsville Planning Department will charge the Financial Impact: Third-Party Plan Review fees will be collected upfront from the customer to ensure solvency within Recommendation: Staffrecommends: approving thei new) proposed language within the existing ordinance. customer $1650 before thep plans are sent to the third-party company for review). the city's plan review budget linei item. Erik Spitzer Director of] Planning and Development Services Courtney Alvarez From: Sent: To: Cc: Subject: Erik Spitzer. Erik Spitzer Reimbursement Tuesday, August 27, 20243 3:59F PM Courtney Alvarez; Mark Mclaughlin Proposed Change to City of Kingsville Ordinance WRT 3rd Party Vendor Plan Review Courtney, Mark asked me to propose newl language to add within the existing city ordinance that speaks to 3rd partyvendor services and reimbursements: Sec. 15-1-13.-1 Purpose and authority1 fort third party plan review services. The purpose of the procedures enumerated in this section ist to provide the citywith a selection proceduret for pre- qualifying companies to perform the serviçes of plan review underi the provisions established by the code. This section shall, be applicablet to the city's selection of third party plan review companies under the authority of the Building Official. Specifically, the city, by andi through the Building Official, shall select at third party plan review company: solely on1 thel basis of qualifications. The Building Official throught the Pre-Qualification Procedure enumerated herein shall review a company's qualifications. In addition this section does not apply toi thel hiring of such companies bythe cityt to provide services relating to potential litigation ort to provide serviçes ancillaryto compliance with local, state, or1 federal laws. Such hiring shall be donei in consultation witht the City Attorney and ina accordance withi the applicable requirements. of local, state, or1 federal law. ALL plan review fees charged bya a third party company (with which the city has an existing contract) will be paidi for upfront byt the customer seekinga a plani review plus a 10% administrative fee (e.g., company" "X" charges $15001 for a plan review ofa a singlei family residence; the City of! Kingsville Planning Department will charge the customer $1650 before the plans are. sent1 to thet third party companyi for review). (Ord. 2004-16, passed6-28-04) Very Respectfully, Erik Spitzer City of Kingsville Planning and Development Services Director aplteradbolntalacen CITY OF Kings, ORDINANCE NO. 2024- AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV, ARTICLE 1-BUILDING REGULATIONS, SECTION 13-PURPOSE AND AUTHORITY FOR THIRD PARTY PLAN REVIEW SERVICES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN WHEREAS, this Ordinance has not been revised since it was approved on June 28, 2004 via Ordinance #2004-16 and some updates are needed; WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE EFFECTIVE DATE AND PUBLICATION. welfare of the City of Kingsville. CITY OF KINGSVILLE, TEXAS: I. THAT Sections 15-1-13 of Article 1: Building Regulations of Chapter XV, Building Code, of the Code of Ordinances of the City of Kingsville, Texas, shall be amended to read as follows: $15-1-13 PURPOSE AND AUTHORITY FOR THIRD PARTY PLAN REVIEW SERVICES. The purpose of the procedures enumerated in this section is to provide the city with a selection procedure for pre-qualifying companies to perform the services of plan review under the provisions established by the Code. This section shall be applicable to the city's selection of third party plan review companies under the authority of the Building Official. Specifically, the City, by and through the Building Official, shall select a third party plan review company solely on the basis of qualifications. The Building Official through the Pre- Qualification Procedure enumerated herein shall review a company's qualifiçations. In addition this section does not apply to the hiring of such companies by the City to provide services relating to potential litigation or to provide services ancillary to compliance with local, state, or federal laws. Such hiring shall be done in consultation with the City Attorney and in accordance with the applicable requirements of local, state, or federal law. AIl plan review fees charged by a third party company (with which the City has an existing contract) will be paid for upfront by the customer seeking a plan review plus a 10% administrative fee (e.g.: company "X" charges $1.500 for a plan review fee ofa single family residence; the City's 10% of that is $150, so the City of Kingsville Planning Department will charge the customer a total of $1,650, which must be received before the plans are sent to the third-party company for review).! II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. 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. THAT this Ordinance shall be codified and become effective on and after adoption and publication as required by law. INTRODUCED on this the 12th day of September, 2024. PASSED AND APPROVED on this the 23rd day of September, 2024. Effective Date: Sam Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO. FORM: Courtney Alvarez, City Attorney AGENDA ITEM #4 ORDINANCE NO. 2024- AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV, ARTICLE 1-BUILDING REGULATIONS, SECTIONS 6, 8, 11, 23, & 40, AND ARTICLE 6-ZONING, SECTION 126, REVISING PERMIT FEES IN BUILDING, PLUMBING, FUEL: GAS, AND SIGN REGULATION CODES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEREAS, the cost to provide the services has gone up since these ordinances WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE FOR. AN EFFECTIVE DATE AND PUBLICATION. were last revised; welfare oft the City of Kingsville. CITY OF KINGSVILLE, TEXAS: I. THAT Sections 15-1-6, 8, 11, 23, and 40 of Article 1: Building Regulations of: Chapter XV, Building Code, of the Code of Ordinances oft the City of Kingsville, Texas, shall be amended to read as follows: $15-1-6 SCHEDULE OF PERMIT FEES. (A) On all repairs or alterations to existing buildings or on construction of other than buildings, fees will be based on a flat fee. as restated in subdivision (B)(1) hereof (B) The permit fee for all new buildings or additions to existing buildings where the (1). (a) Permit fees. for remodeling, repair, or alterations to existing. buildings will be charged on a flat fee basis. A project with one inspection or more, if necessary, (that is not a re-inspection) will be charged a flat fee of $100,00 dollars.. Duplexes, apartments, hotels, and motels shall be charged an additional fee of $10.00 per unit. Permit fees for roof repairs shall be charged a permit fee of $0.06 $0.08 per square foot. When the work performed does not meet the code requirements and a reinspection is required, a reinspection fee of $50.00 will be charged for each the first reinspection the second reinspection fee will be $100.00: ther third 1. All buildings shall be charged a permit fee of $0.30 per square foot. The minimum fee shall be $25.. Duplexes, apartments, hotels, and motels shall be charged an additional fee. of $10.00 per unit. A shall apply. floor area is increased, shall be as follows: reinspection fee will be $150.00. (b). Permit fees; new buildings and additions. 1 Construction Site Office shall be charged a permit fee based on 2. Ina applying paragraph 1. of this subdivision (b), square footage shall be determined by including each floor level including basements and cellars, mechanical rooms, storage areas, lofts, balconies, porches, sun decks, covered patios, breezeways, carports, garages, sheds and 3. Moved buildings or. structures.. A fee of $0.20 per square foot shall be. charged for. the issuance of any permit for a. moved building or (c) A plan review fee shall be paid upon submission of permit for review as listed below. Thèse fees will be credited to any plan review or administrative fees set forth in later sections oft this ordinance, should those fees bei in excess of the fees stated below: 1.$250.00 for new single family or two-family residential construction anda 2. $500.00 for new multi-family residential 3. $500.00 for new commercial constructionland a $100 permit fee 4. $25.00 for any plumbing, mechanical or electrical permit. 5. $25.00. for any accessory building 6. $25.00 and $0.20/square foott for signs 7. $25.00 and $0.30/square foot for residential remodel 8. $25.00 for commercial tenant finish out 9. $35-00 $50.00 fence permit: 10$ $75.00 for a permit renewal inspection and review requirements. other similar areas. structure. $35 permit fee. 11:$125.00 (reviewifee) and $0.30/square foot for any commercial remodel. (2) Moving buildings or structures. A fee of $110.00 shall be charged for the issuance of any permit for the moving of a building or structuré. (3) Demolition of building or structure. A fee of $75.00 shall be charged for issuing aj permit fort the demolition of any building or structure. (4) Plan-checking fee. A plan-checking fee shall be paid at the time of submitting plans and specifications for review of commercial projects. The plan-checking fee shall be equal to one-half of the building permit fee as set forth in $: 109-of the International Building Code. Such plan-checking fee is in addition to the building permit fee. A Plan Update or Revision fee shall be charged equal to 50% of the original Plan Review fee and shall be. payable upon submission. of (5) Starting work without permit. Where work for which a permit is required by this code is started or proceeded with prior to obtaining the permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. (6) Investigation fee. The fee for any investigation required for building update or revision. construction is equal toi the cost oft the plan review. 2 (7) After hours inspection fee. The cost of performing and inspection after regular business hours is equal to $50.00 per hour with a 2 hour minimum charge. (8) Reinspection fee. When. the work performed does not meet the çode requirements and a reinspection is required, a fee of $50.00 will be charged for (9) Refunds on permits. No refund will be granted on individual permit fees assessed at the minimum fee amount for a specific type of permit. Refunds of permit fees greater than minimum fee amounts may be made at a rate not to exceed 75% of that portion of the fee in excess oft the minimum fee amount provided: (a) no work has commenced, (b) noi inspections have been made, and the refund claim is submitted within 180 days after. the issuance of the permit. Refund claims must be submitted ini writing with a copy oft the each reinspection. permit receipt. S 15-1-8 SWIMMING POOLS; ENCLOSURE REQUIRED. Prior to first filing and final inspection, all swimming pools shall be completely enclosed by al barrier in compliance with section 305 of the 2018 International Swimming Pool and Spa Code. The fence or screen enclosure of the pool shall be at least four feet in height and shall not exceed six feet in residential pools. Openings in the fence shall not permit the passage of at four-inch diameter sphere. The fence or screen enclosure shall be equipped with self-closing and self-latching gates. The pool application feeis $25 (review fee) and $0.30/square foot. $15-1-11 CERTIFICATE OF OCCUPANCY REQUIRED. (A) The Building Official shall have the authority to suspend water, electricity, gas or other public utilities ifa Certificate of Occupancy is not provided or is revoked. (B) There shall be two types of certificates of occupancy. These shall be designated as an Interim Certificate of Occupancy and al Permanent Certificate of Occupancy. (1) An Interim Certificate of Occupancy may be issued by the Building Official for use in necessary construction. The fee for an interim Certificate of Occupancy shall be $3.00 per day for the first 30 calendar days; $6.00 per day for the second 30 calendar days; and $10.00 per day for each calendar day thereafter. The fees for such Interim Certificate of Occupancy shall be tendered prior to the issuance of such Interim Certificate of Occupancy. The Interim Certificate of Occupancy shall be valid a maximum of 180 days unless approved in writing by (2) APermanent Certificate of Occupancy shall bei issued when the Building Official determines that the proposed structure meets all applicable laws and ordinances, and not before. The fee for a Permanent Certificate of Occupancy shall be $25.00 $75.00. ArtogGCENriBRdeVAE A Permanent Certificate of Occupancy shall not be subject to renewal, and shall be valid as long as the premises for which ity was issued meets all applicable codes and utility services are not terminated for any reason to such premises, whichever occurs first. the Building Official. 3 $15-1-23 SCHEDULE OF PERMIT FEES. floor area isi increased, shall be as follows: The permit fees for all new buildings, or additions to existing buildings where the (A). Except for a specific feerset forth-below, permit fees for-remodeling" oF alterations 04EIn94SP-enANAPes permit-fee 0FS9-15-persaare.tot-Duplexes apartments.-hotels-and-motels taNHene#SCAN Plumbing Permit Fees For each issuing permit Plus the following when provided: water and drainage piping For each house sewer $25.00 Fore each plumbing fixture, floor drain or trap, including 2.50 10.00 Fore each house sewer having to be replaced or repaired 10.00 Fore each cesspool 10.00 10.00 10.00 15.00 5.00 5.00 Fore each septic tank and seepage pit or drainfield Fore each water heater and/or vent Fori installation, alteration or repair of water. piping and/or Forr repair or alteration of drainage or vent piping installation of the piping ore equipment served: water-treating equipment For vacuum breakers or backflow protective devices installed subsequent to the One to five Over five, each Investigation fee 2.50 1.50 Permit fee 4 11-50.00,2M-100 3rdE150 25.00 plus permit fee Reinspection fee Outside city limits fee is issued. The permit fee shall be doubled and $150 assessed, if work is started before the permit (B) Permit fees for new buildings and additions. All buildings shall be charged a permit fee $0.15 per square foot. The minimum fee shall be $20.00. Duplexes; apartments, hotels and motels. shall be charged an additional fee of $10:00 per Moved buildings or structures. A fee of $0.15 per square foot shall be charged for the issuance of any permit for a moved building or structure. (D) Refunds on permits. No refund will be granted on individual permit fees assessed at the minimum fee amount for a specific type of permit. Refunds of permit fees greater than minimum fee amounts may be made at a rate not to exceed 75% of that portion of the fee in excess of the minimum fee amount provided: (1) no work has commenced, (2) no inspections have been made, and (3) the refund claim is submitted within 180 days after the issuance of the permit. Refund claims must be submitted in writing with a copy of the permit unit. receipt. $.15-1-40 SCHEDULE OF PERMIT FEES. (A) The fees for gas permits as set forth in Section 106.6.2 of the International Fuel Gas Code, 2018 Edition, are hereby established. A separate permit is required for each address. Schedule of Permit Fees For issuing each permit One to four outlets (inclusive) Each additional outlet air conditioning Each additional $25.00 $10.00 $1.00 $10.00 $1.00 Conversion burners, floor furnaces, incinerators, boilers, central heating, or 5 $10.00 15.00 $5.00 $50.00 Vented wall furnaces and water heaters (first unit) Each additional Reinspection fee (B) If any person commences any, work before obtaining the necessary permit and inspection, fees shall be doubled and $150assessed and any and all fees shall be (C) Ifthe inspector determines that public safety has been endangered, a complaint shall filed in Municipal Court. Upon receiving a conviction, the person shall have paid by the person to whom the permit is issued. their license revoked as follows: (1) 1st conviction 3n months revocation (2) 2nd conviction 61 months revocation (3), 3rd conviction 12 months revocation (4) 4th conviction. : 2 yearr revocation (5) 5th conviction. :.i. permanently revoked I. THAT Section 15-6-126 of Article 6: Zoning of Chapter XV, Building Code, of the Code of Ordinances of the City of Kingsville, Texas, shall be amended to read as follows: $15-6-126 PERMITS. (A)AIl signs and banners are required to be permitted prior to installation. See Texas Election Code Section 259.003 to determine if a political sign needs a (B) Exempt signs. The following signs are exempt from the permit requirements oft these sign regulations. No sign, including. exempt signs, may be posted within a street right-of-way without written approval from the Director of Public permit. Works or his designee. (1) Advertising and identifying signis located on currently licensed vehicles such as. taxicabs, buses and trucks, as well as on bus benches, except for those vehicle signs prohibited under S 15-6-121; 6 (2) Any legal or public notice or warning required by a valid and applicable federal, state or local law, regulation or ordinance; (3) Noncommercial signs in all zoning districts, including but not limited to religious and social commentary signs and personal emblems. Such signs shall be no greater than nine square feet in area within a residential zoning district or 32 square feet in a nonresidential district and may be free standing or attached flat against a wall so long as they are not painted directly on a structure. Political signs may be placed no more than 90 days prior toi the election and can remain throughout the period of primary elections to the conclusion of the general election for those who are still viable political candidates. Upon the completion of the general election all political signs must be removed within ten days after said election. See Texas Election Code Section 259.003 for other (4) Holiday and seasonal lights and decorations with no commercial (5) Signs advertising temporary activity on the property such as sale, rent or lease of the property; construction; grand openings; garage and yard sales; and special events and which meet the following requirements: a. One sign shall be permitted on the property at any one time and shall be removed within 48-hours following the end of the temporary b. May be either installed flat against a structure or affixed in the C. Inr residential zoning districts, the maximum size shall be nine d. In nonresidential zoning districts, the maximum size shall be 32 (C) Temporary signs generally, except as otherwise permitted in this sign code, are not classified as exempt signs under S 15-6-126 of the sign (1) Obtain a sign permit to be valid for 30 consecutive days, and no more than two temporary sign permits shall be issued for each (2) Not be placed in street rights-of-way or otherwise diminish public safety such as placement in an intersection visibility triangle; (3) Not be mounted on a roof or above the roofline; (4) Not be artificially illuminated; and political sign regulations. message; activity or event. ground as a freestanding sign. square feet. square feet. code; therefore temporary signs shal!: business per any 180 day period; 7 (5) Be a maximum of 20 square feet in area when located in (6). Be a maximum of 100 square feet in area when located in (7) Be limited to one sign per parcel for each street frontage. (8) Signs advertising a temporary event may be placed no more than 60 days prior to the event and shall be removed no later than 10 Permit fees will be as follows: S020perswars-eel0:AhaiPiPuR pemmitfeeois15.09, $25(review.fee) and $0.20/square foot. (Ord. 97041, passed 12-8-97; Ord. 98003, passed 2-23-98; Ord. 98013, passed 7-13-98; Ord. 200022, passed 11-20-00; Ord. 2013-32, SI, passed 7-22-2013; Ord. 2019-12, S 1, passed 4-8-2019; Ord. 2024-15, S residential zoning districts (R3 & R4 districts only); nonresidential zoning districts; days after the event has ended., , passed 2-26-24) II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. IV. 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 àny other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, fori 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. V. THAT this Ordinance shall be codified and become effective on and after. adoption and publication. as required by law. INTRODUCED on this the 12th day of September, 2024. PASSED AND APPROVED on this the 23rd day of September, 2024. 8 Effective Date: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 9 AGENDA ITEM #5 ORDINANCE NO. 2024- AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV, ARTICLE 1, BUILDING REGULATIONS, SECTION 152, REVISING THE FEE FOR SWIMMING POOLS PERMITS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, the cost to provide the service has increased over the past few WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE years; welfare oft the City of Kingsville. CITY OF KINGSVILLE, TEXAS: I. THAT Section 15-1-152 of Article 1: Building Regulations of Chapter XV, Building Code, of the Code of Ordinances of the City of Kingsville, Texas, shall be amended to read as follows: $15-1-152 LICENSES AND PERMITS REQUIRED; FEES. (A) Itshall be the duty of every contractor who shall make contracts for the construction or installation, repair or alteration of swimming pools to pay a license fee of $125.00 annually and have a copy of the same on file with the Building Department, giving full name, residence and place of business, phone number, and, in case of removal from one place to another, to have (B) All persons performing swimming pool work for which a permit is required by this subarticle must secure a permit prior to starting work. Fees listed in S 105 oft the Swimming Pool and Spa Code, 2018 Edition, are hereby adopted with the following amendment: For issuing each permit it shall cost $10.00 (C) Ifany person starts work without a permit, the permit fee shall be equal to the cost of the permit times the number of incidents the person has not (D) Ifth the inspector determines that public safety has been endangered, a complaint shall filed in Municipal Court. Upon receiving a conviction, the made corresponding changes in the file accordingly. $25 (review fee) plus $0.30/square foot. obtained a permit prior to commencing work. person shall have their license revoked as follows: (1) 1st conviction three months revocation; 1 (2) 2nd.conviction six months revocation; (3) 3rd conviction 12 months revocation; (4) 4th conviction two year revocation; (5) 5th conviction permanently revoked. (1962 Code, S 4-12-3; Ord. 99015, passed 3-15-99; Ord. 200022, passed 11-20- 00) Cross reference- Penalty, see S 1-1-999. II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. THAT iffor 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 be codified and become effective on and after adoption and publication as required by law. V. THAT nothing in this ordinance or in the Swimming Pool and Spa Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes ofa action acquired or existing, under any act or ordinance hereby repealed as cited in this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. INTRODUCED on this the 12th day of September, 2024. PASSED AND APPROVED on this the 23rd day of September, 2024. 2 Effective Date: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 3 AGENDA ITEM #6 ORDINANCE NO.2024- AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER IX, ARTICLE 10-STREETS AND SIDEWALKS, SECTION 35-PERMIT REQUIRED; FEE, PROVIDING FOR CHANGE TO FEES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION. WHEREAS, the cost to provide the services has increased since the fees were WHEREAS, this Ordinance is necessary to protect the public safety, health, and last adopted; welfare of the City of Kingsville. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF KINGSVILLE, TEXAS: I. THAT Section 9-10-35 of Article 1: Streets and Sidewalk Requirements of Chapter XV, General Regulations, oft the Code of Ordinances of the City of Kingsville, Texas, shall be amended to read as follows: $9-10-35. PERMIT REQUIRED; FEE. Itshall be unlawful for any person other than a municipal employee to excavate, cut, construct, reconstruct, alter, remove, repair or replace any street, avenue, alley or other public way, without first securing a permit from the Building Official. All work performed under a permit so issued shall conform to current standards and specifications as contained int this article. A permit shall be valid for a period of ten days, unless specified for a longer period, which shall not exceed 30 days. Permits may be renewed as necessary. A fee for each permit shall be collected as follows: Driveway/curb out. ..$1550 idewalkxcurp/gutter. .$10 50 per lot (1962 Code, S 9-2A-1; Ord. 85027, passed 9-23-85; Ord. 200022, passed 11- 20-00) Cross reference- Penalty, see S 1-1-99. 1 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 oft this ordinance, forit 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 for its purpose. IV. THAT this Ordinance shall be codified and become effective on and after adoption and publication as required by law. INTRODUCED on this the 12th day of September, 2024. PASSED AND APPROVED on this the 23rd day of September, 2024. Effective Date: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #7 ORDINANCE NO. 2024- AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES SECTION 9- 7-6 ABATEMENT OF NUISANCE LOTS; ADMINISTRATIVE FEES, PROVIDING FOR REVISION OF ADMINISTRATIVE FEES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN WHEREAS, the cost to provide these services has gone up since this ordinance WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE EFFECTIVE DATE AND PUBLICATION. was last amened; welfare of the City of Kingsville. CITY OF KINGSVILLE, TEXAS: I. THAT Sections 9-7-6 of Article 7: Nuisances of Chapter IX, General Regulations, of the Code of Ordinances of the City of Kingsville, Texas, shall be amended to read as follows: $9-76ABATEMENT OF NUISANCE LOTS; ADMINISTRATIVE FEES For each abatement of nuisance lots that are in violation of S 9-7-1 through $9- 7-3 of this code, the administrative fee for abatements pfadministration is $150.00 $300 for the first abatement, $400 for the second. abatement, and $500 for the third abatement at the same location. This fee is to cover the labor, fuel, vehicle expenses, photographic expenses, notice and postage expenses from the initial inspection through the time of abatement and submittal for invoicing. (Ord. 2014-08,51, 3-10-14; Ord. No. 2020-11, passed 1-27-20) 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, fori 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 be codified and become effective on and after adoption and publication as required by law. INTRODUCED on this the 12th day of September, 2024. PASSED AND APPROVED on this the 23rd day of September, 2024. Effective Date: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney AGENDA ITEM #8 City of Kingsville Downtown TO: CC: FROM: DATE: SUBJECT: Summary: Mayor and City Commissioners Mark McLaughlin, City Manager Alicia Tijerina, Downtown Manager/Special Events Coordinator September 11, 2024 Request for City Support for Events & Parades The City Commission has a tradition of granting support for certain community parades and events that are held each year downtown. Instead of bringing these asi individual agenda items, itisr requested that the City Commission waive the street closing fees and support costs for the attached listing of parades and events for this fiscal year. Background: For any event requiring temporary closure of one or more streets, City ordinances require a fee tol be paid for the requiste street closure(s) and require that City! be reimbursed any actual costs and expenses incurred by them in support of the event. Ordinances also allow the City Commission to waive these requirements. Event organizers are still required to comply with all City ordinances and state laws with regards to health and safety issues. And are: still required to submit a request for a permit for the required street closure(s). Financial Impact: closing fees. Recommendation: The total parade/event costs to the City for FY 2024-2025 is $18,960ofwhich $300 are street Itisre recommended that street closing fees be waived and the services provided by the City in support oft these parades and events be considered asi in-kind sponsorship. DOWNTOWN PARADES & EVENTS REQUIRING STREET CLOSURES FY 2024-2025 HM King High School Homecoming Parade, Sept./Oct. 2025, 6:30 pm, Kleberg Ave. (Date TBD) Main Street Monthly' Wine Walk, Sat., Oct. 25, 2025, Kleberg Ave. (Time TBD) Imagine the Possibilities Tour, TBD Veteran's Day Parade, Nov. 2024, Time TBD Kleberg Avenue Ranch Hand Festival, Tree Lighting, Wine Walk & Street Dance, Fri., Nov. 22, 2024, 5-10 pm, Ranch Hand Festival, Sat., Nov. 23, 2024, 9 am -4 pm, 100-400 blocks E. Kleberg, Yoakum & Children's Day, Sat., Dec. 7, 2024, 10:00 am - 2:30 pm, Alarcon St. & Downtown Pavilion Lal Posada de Kingsville Parade, Dec. 7, 2024, 7 pm, Kleberg & Yoakum Avenues Main Street Monthly' Wine Walk, Sat., Feb. 22, 2025 5-9pm Kleberg Avenue Main Street Monthly' Wine Walk, Sat., Mar. 22 5-9pm Kleberg Avenue Kleberg-Kenedy County Junior Livestock Show Parade, Jan. 2024, 10 am, Kleberg Ave. MLK Day Parade & Celebration, Mon., Jan. 20, 2025, 11 am, Kleberg Ave. PDAP (Palmer Drug Abuse Program) Drug Free Walk, Sat., April 2024 (TBD), Yoakum Ave. 100-400 blocks E. Kleberg surrounding streets Holiday Sip & Shop, Sat., Dec. 7,2024, 2-6pm Kleberg Avenue Kleberg County Attorney's Annual Easter, April 2024TBD Festival del la Loteria, Sat., April 26, 2025 10 am - 4 pm, Kleberg Ave. CrossFit Kingsville Competition, Sat., June 2024 (Date TBD) 4th of July Parade & Concert Celebration, Sun.-Tues., July 4-6, 2025, Kleberg Ave. & Downtown Pavilion (Actual date of concert TBD) 5K Run Walk, August 2024 Date & TBD Main Street Monthly' Wine Walk, Sat., Sept. 27,2025 TBD Kleberg Avenue HM King Homecoming Parade, Sept.-Oct. 2025, Date & Time TBD, Kleberg & Yoakum Avenues PARADE COSTS TO THE CITY FY2023-2024 Community Parades (5) Veteran's Day Parade, Nov. 2025 Kleberg-Kenedy County. Junior Livestock Show Parade, Jan. 2025 MLK Day Parade, Jan. 2025 4thofJuly Concert & Parade, July 4-6, 2025 (TBD) HM King High School Homecoming Parade, Sept/October. 2025 Date TBD Public Works Parade permit =0 Barricades: Build-up & Tear-down $30/hr. (10 men/hrs)-$1,800 Cost of $1,800 per parade Christmas Parade & Wine Walk (1) Lal Posada Parade & Children's Day, Dec. 7,2024 Holiday Sip & Shop, Dec. 7, 2024 Public' Works Barricades: Build-up & Tear-down $30/hr. (15 men/6hrs) = $2,700 Trash & Recyling: Delvery/Pcup/Dumping $10 (x20) = $200 Dumpsters: $30 (x3)=$90 Parade permit = $0 Costof$2,990 Total parade costs $11,990 EVENT COSTS TO THE CITY FY2024-2025 COMMUNITY EVENT (11) Kingsville Wine Walk, October 26, 2024, February 22 & March 22, 2025 Public' Works Barricades: Build-up & Tear-down $30/hr Gmen/4nr)X3-51080 Trash & Recycling: Delver/Pckup/Dumping SDesademanmd-se Street closing permit for large events = $0 Cost of$1,170 Imagine the Possibilities Tour, TBD (Done within other event) Public' Works Cost of $0 Ranch Hand Festival, Nov. 22-23, 2024 Public Works Barricades: Build-up & Tear-down $30/hr (10men/8hrs) = $2,400 Trash & Recycling: Delvery/Pcaup/Dumpng $10 each x: 20 containers x2= $400 Cost of $2,800 Kleberg County Attorney's Easter Bash, April 2025 (TBD) Public Works Barricades: Build-up & Tear-down $30/hr (3men/2hrs): )=$180 Trash & Recycling: Delvey/Pahup/Dumpne-s $0 Street closing permit for large events= = $0 Cost of $180 PDAP Walk, April 2025 (TBD) Public Works Barricades: Build-up & Tear-down $30/hr (3men/4hrs) = $360 Trash & Recycling: Delvery/PcaupDumpng $10 each x 3 containersx2-560 Street closing permit for large events - $0 Cost of $420 Festival de la Loteria, April 26, 2025 (10am-4pm) Public' Works Barricades: Build-up & Tear-down $30/hr (3men/4hrs) = $360 Trash & Recycling: Delvery/Pcaup/Dumpng $10 each x 3 containersx2-560 Street closing permit for large events= $0 Cost of $420 CrossFit Kingsville Competition, June 2025 (TBD) Public' Works Barricades: Build-up & Tear-down $30/hr (3men/2hrs): =$180 Trash & Recycling: Delheny/PaupDumpintsiohnesi0endhx2comuines: = $20 Street closing permit = $0 Cost of $200 4th-6thof July Concert, 2025 (Exact dates TBD) Public Works Barricades: Build-up & Tear-down $30/hr (2men/2hrs) = $120 Street Closing Event permit = $150 Trash & Recycling: Delvery/Pcaup/Dumping $10 each x1 10 containers: = $100 Cost of $370 5K Run/Walk. August 2025 (Exact dates TBD) Public' Works Barricades: Build-up & Tear-down $30/hr (10men/4hrs) =$ $1,200 Trash & Recycling: elveryPtcaupDumpng $10 each X 6 containers: = $60 Street Closing Event permit = $150 Cost of $1,410 TOTAL EVENT COSTS $6,970 REGULAR AGENDA AGENDA ITEM #9 City of Kingsville Parks & Recreation Department TO: CC: FROM: DATE: SUBJECT: Mayor and City Commissioners Mark McLaughlin, City Manager Susan Ivy, Director of Parks & Recreation September 11, 2024 Agenda Request -P Proclamation for Arbor Day in Kingsville Summary: We are requesting that City Commission authorize the attached Proclamation Background: Last year the Arbor Day Foundation designated Kingsville has an official Tree City USA City. This requires some monitoring, tree planting and participation in the annual Arbor Day celebration. Keep Kingsville Beautiful along with the City of Kingsville and other entities have an. annual event where native trees purchased by KKB are given away and planting information is discussed for successful growth. Other tree planting projects are in the works as well. The proclamation submitted will formally designate November 1, 2024 as Arbor Day in designating November: 1, 2024 as Arbor Dayi in Kingsville, Texas. Kingsville. Financial Impact: This will have no financial effect. Recommendation: Approve the Proclamation as presented. Kingsvillea TEXAS TREE CITY USA AnArborD DayF FoundationP Progrom *** OFFICIAL PROCLAMATION *** WHEREAS WHEREAS WHEREAS WHEREAS in 1872, the Nebraska Board of Agriculture established a special day tol be set aside for the planting oft trees, and this holiday, called Arbor Day, was first observed: with the planting of more than a million trees in Nebraska, and Arbor Day is now observed throughout the nation and the trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air, producing life-giving oxygen, and providing habitat for trees are ai renewable resource giving us paper, wood: for our homes, fuel for our fires, and countless other wood products,and trees in our city increase property values, enhance the economic vitality oft business areas, and beautify our community, and trees - wherever they are planted - are a source ofjoy and world, and wildlife, and WHEREAS WHEREAS WHEREAS spiritual renewal. NOW,THEREFORE, I, Sam R. Fugate Kingsville, Texas November 1, 2024 Mayor of the City of do hereby proclaim as ARBOR DAY and] I urge all citizens In the City of_ trees and woodlands, and Kingsville to celebrate Arbor Day and to support efforts to. protect our Iurge all citizens to plant trees to gladden the heart and promote the well-being oft this and future generations. FURTHER, DATEDTHIS 23rd day of Mayor. September, 2024 Arbor Day Foundation" AGENDA ITEM #10 City of Kingsville Engineering Dept. TO: CC: FROM: DATE: Mayor and City Commissioners Mark McLaughlin, City Manager Rutilio P. Mora Jr, P.E., City. Engineer September 12, 2024 Kleberg County SUBJECT: Consider and Approve Resolution Adopting the Hazard. Mitigation Action Plan with Summary: We are seeking the City Commission's approval to adopt the Hazard Mitigation Action Plan (HMAP) inp partnership with Kleberg County. The 2024 Kleberg County Multi-Hazard Mitigation Plan isa critical document. that outlines our region's strategy to reduce or eliminate long-term risks to life, property, and infrastructure from natural hazards. The adoption of this plan by the City of Kingsville will not only reinforce our commitment to public safety but also position the City to This plan specifically identifies and addresses a wide range of natural hazards that pose a significant threat to our community. The City of Kingsville will focus on mitigating the following secure state. and federal funding for future mitigation projects. hazards: Flooding Wildfire Tornados Drought Extreme Cold Extreme Heat Hailstorm Winter Storm Severe Winds Lightning Dam/Levee Failure Hurricanes, Tropical Storms, and Depressions These hazards have been carefully selected based on historical data and potential future impacts, ensuring that our mitigation efforts are both targeted and effective. By adopting this plan, the City will be better prepared to protect its residents and resources from the adverse effects of these natural events. cyt an Kigyle : City of Kingsville Engineering Dept. Background: The previous Hazard Mitigation Action Plan, adopted in 2018, expired in March 2023. This update isessential to maintain our eligibility for hazard mitigation grants and to continue our proactive approach to disaster preparedness. The 2024 plan reflects new data, lessons learned from recent events, and changes in state and federal guidelines. It also incorporates the City of Kingsville's One key change in the 2024 plan is the. exclusion of certain hazards that were previously considered but have shown negligible or non-existent impacts in our region. Specifically, the City of Kingsville and Kleberg County will not focus on Coastal Erosion, Inland Erosion, Land Subsidence, Earthquakes, and Expansive Soils. These hazards have been determined to pose minimal risk based on current evidence, allowing us to concentrate resources on more pressing evolving priorities in addressing the threats posed by natural hazards. concerns. Financial Impact: There is no direct financial impact associated with the approval of this resolution. However, adopting the HMAP will enhance the City's eligibility for state and federal grant programs, which could provide substantial funding for future mitigation projects, potentially saving the City millions of dollars in disaster-related expenses. Recommendation: Staff strongly recommends the approval of the attached resolution adopting the Hazard Mitigation Action Plan. with Kleberg County. This approval will not only reinforce the City's commitment to public safety but also enhance its eligibility for state. and federal grant programs, which could provide substantial funding for future mitigation projects, potentially saving the City millions of dollars in disaster-related expenses. Attachments: Resolution Participating Jurisdiction Table 1: List of Hazards Addressed CITY Kngylle Table 1: List of Hazards Addressed con Hazard Flooding Hurricanes, Tropical Storms, and Depressions Wildfire Tornados Drought Extreme Cold Extreme Heat Hailstorm Winter Storm Severe. Winds Lightning Coastal Erosion Inland Erosion Land subsidence Earthquakes Expansive Soils Dam, /Levee Failure Omission Statements Kleberg County X X X X X X X X X X X X City of Kingsville X X X X X X X X X X X. Additional Optional Hazards X X Kleberg County and the participatingj jurisdictions will not be addressing the following hazards: Inland Erosion, Land Subsidence, Earthquakes, and Expansive Soils. The City of Kingsville will not be addressing Coastal Erosion, only Kleberg County will profile this natural hazard. The history ofi impacts for all the omitted hazards have been negligible (or non-existent), therefore the County and partidpatingurisdictons expects that future impacts will be negligible as well. The County and partcpatingurisdictions do not anticipate applying for grant funding to address any oft them. . 1 10 1. Introduction and Background 1) Participating Jurisdictions The 2024 Kleberg County Hazard. Mitigation Action Plan (HMAP) is an update oft the County's most recent 2018 plan that expired in March 2023. The 2018 plan previously. included Kenedy. County as a participating jurisdiction, however thej jurisdiction" is not a participant for the Plan Update. As of now, this 2024 Hazard. Mitigation Action Plan Update includes two participating jurisdictions: Kleberg County and the City of Kingsville. 2). Hazards to be Addressed Previously, the expired 2018 HMAP identified 131 natural hazards facing the County: hurricanes/tropica storms, drought, hailstorm, flooding, tornados, windstorms, wildfire, severe winter storm, extreme heat, expansive soils, dam failure; lightning, and coastal erosion. The mitigation planning regulation oft the Disaster Mitigation Act' requires that mitigation plans be reviewed and updated every fivey years to maintain eligibility for mitigation grant funding. As part of this plan, Kleberg County will develop a schedule to ensure that its hazard mitigation The 2024 Kleberg County Hazard Mitigation Action Plan update will address thet following 13 natural hazards identified in the State of Texas' 2018 Hazard Mitigation Plan as threats throughout the state. Each. participatingi jurisdiction will address the following natural hazards plani is regularly updated. listed belowi in Table 1. - : 144CFRS201.6d3) 9 .3 2 RESOLUTION #2024- A RESOLUTION OF THE CITY OF KINGSVILLE, TEXAS ADOPTING THE FEMA APPROVED KLEBERG COUNTY AND CITY OF KINGSVILLE, TEXAS MULTI- WHEREAS, the City of Kingsville ("City") recognizes the threat that natural hazards WHEREAS, the City last approved a Multi-Hazard Mitigation Plan, which it prepared WHEREAS, the City and Kleberg County have worked together to create an updated Multi-Hazard Mitigation Plan for themselves and their participants which is in WHEREAS, the City of Kingsville, Texas Multi-Hazard Mitigation Plan identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property WHEREAS, adoption by the City Commission demonstrates the City's commitment to WHEREAS, adoption of this plan will make the City of Kingsville eligible to apply for WHEREAS, a Hazard Mitigation Plan will provide guidance to Participating Jurisdictions, but does not require a specific financial commitment by the Participating NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of HAZARD MITIGATION PLAN. pose to people and property within the City; and with Kleberg County, on February 12, 2018 via Resolution #2018-11; accordance with the Disaster Mitigation Act of2 2000; and in the plan from impacts of future hazards and disasters; and hazard mitigation and achieving the goals outlined in the Plan; and current open and future Hazard Mitigation Grants; and Jurisdiction. Kingsville, Texas: I. THAT the City of Kingsville, Texas hereby adopts the FEMA approved Kleberg County and City of Kingsville, Texas Multi-Hazard Mitigation Plan. 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 23rd day of September, 2024. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AST TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #11 City of Kingsville Public Works Department TO: CC: FROM: DATE: SUBJECT: Summary: Plants (WWTP). Background: Mayor and City Commissioners Mark McLaughlin, City Manager William Donnell, Public' Works Director September 18, 2024 Contract Emergency Repairs for the North and South! Wastewater Treatment Plants This item authorizes the contract with Global WET LLC for emergency repairs for the Wastewater Department's Ultraviolet Light Disinfection System for North and. South Wastewater Treatment On August 19, 2024, the City of Kingsville City. Commission approved the reallocation of $586,021.99.00 of unspent ARP funding for emergency repairs to the Ultraviolet (UV) Light Disinfection System of both ofi its WWTP's. AUVI Light Disinfection System is critical for the proper functioning of the WWTP's and to maintain TCEQ permit compliance. During the last tropical storm, the North WWTP. experienced an unusual amount of water overflow causing the existing UV Light System to have an electrical short and go offline. The electrical short caused severe damage to the module wiring and ballasts resulting in a repair quote of $289,000 for an already outdated system. The UV: Light Disinfection System at the South WWTP is also outdated and starting to fail. Global Wet of Austin, Texas has been working with staff to keep the existing UV Light Disinfecting Systems operating. At that time, staff advised Commission that upon the future approval of a contract, Global Wet will receive the working specifications and data to prepare and install new UV Light Disinfection. Systems and that the total amount of the new UV Lighting Staff has requested and réceived approval for funding for this project at the August 19, 2024 City Commission meeting for the emergency repairs to install new Ultraviolet Light Disinfection Systems for both North and South WWTP's would be $ 907,810.00. Systems for the North and South Wastewater Treatment Plants. Financial Impact: Sources of funding: $105,000.47 Fund 123 ED Grant Program $240,990.52 Fund 121 Parks ARP Allotment $240,031.00 Fund 125 UF ARP Funding Cy P Kingsville City of Kingsville Public Works Department $119,000.00 Fund 051 Insurance Check #1 $ 66,950.85 Fund 051 BA Reserve Line Item $171,837.16 Fund 051 Fund Balance ($124,000 will be reimbursed by the Insurance Check #2 resulting in Fund 051FB0fs47837.16) Total Source of Funding $943,810.00 Recommendation: Staff requests approval of the contract with Global WET LLC for the emergency repairs to install new. Ultraviolet Light Disinfecting Systems at the North and South Wastewater Treatment Plants. St : 23 a, Kie : 3 - - ORDINANCE NO. 2024-55 AN ORDINANCE AMENDING THE FISCAL YEAR2023-2024 BUDGET TOAPPROPRIATE ARP FUNDING FOR THE WASTEWATER TREATMENT PLANT UV LIGHT SYSTEM EMERGENCY 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#57 Account Name Dept Dept Name No. Fund, 123-EDC. ARP Funding Expendtures-5 1060 Econ Dev 6900 Transfer Expenditures 4503 Parks 4503 Parks 6900 Transfers Fund 125 1 UF ARP Funding Revenues 0000 Transfers 0000 Transfers Expenditures 6001 Water 6001 Water Account Number Increase Budget Budget Decrease $105,000.47 Economic Dev Program Transfer to Fund 125 34900 80125 $105,000.47 Fund-121 GF ARPFunding: Dick Kleberg Park Dick Kleberg Park Transfer to Fund 125 59113 59113 $140,000.00 $100,990.52 80125 $240,990.52 Transfer from. Fund 123 Transfer from Fund 121 75123 $105,000.47 75121 $240,990.52 Building 71300 71200 $150,000.00 $90,031.00 Machinery & Equipment 7001 Wastewater Utility Plant Fund 051 - Utility Fund 54300 $586,021.99 1 Dept DeptName No. Revenues Expenditures Account Name Account Number Increase 59946 $243,000.00 Budget Budget Decrease 7000 Wastewater Insurance Recovery 7001 Wastewater Budget Amend Reserve 7001 Wastewater Utility Plant 86000 54300 $66,950.85 357,788.01 [To amend the City of Kingsville FY 23-24 budget to appropriate funding for the Utility North and South Wastewater Treatment Plant UV Light System emergency repairs. Funding will come from the unappropriated fund balances of the Economic Development ARP Program Fund 123 and General Fund ARP Fund 121.] Total Cost of the Project: $673,560.00 North Plant $270,250.00 South Plant $943,810.00 Total for Both Plants (Utility Plant 54300 Exp - FD 125-$586,021.99 + FD051-9357/,788.01) Sources of Funding: $105,000.47 Fund 123 ED Grant Program $240,990.52 Fund 121 Parks ARP Allotment $240,031.00 Fund 125 UF ARP Funding $119,000.00 Fund 051 Insurançe Check #1 $ 66,950.85 Fund 051 BA Reserve Line Item $171,837.16 Fund 051 Fund Balance ($124,000 will be reimbursed By the Insurance Check #2 resulting in Fund 051 FB of $47,837.16) Total Source of Funding $943,810.00 II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent ofs 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. 2 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 19th day of August 2024. PASSED AND APPROVED on this the 26th day of August 2024. EFFECTIVE DATE: Seplember 1l.2034 EAE6 Sam R. Fugate, Mayor ATTEST: mauy Valengul Mary' Valenzuela, City Secretary APPROVED AS TO FORM: Ceuily Courtney Alvarez.City Attorney 3 RESOLUTION #2024- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT WITH GLOBAL WET LLC FOR UV FILTER EQUIPMENT FOR THE KINGSVILLE NORTH AND SOUTH WASTE WATER TREATMENT PLANTS; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kingsville (City) needs to make emergency repairs to the UV Light Filter disinfection equipment at the north and south wastewater treatment plants through Global WET LLC (Vendor) via action approved by City WHEREAS, the City and Vendor worked to prepare a contract for UV Filter Equipment for the Kingsville North and South Waste Water Treatment Plants and the parties both agree to the terms of the proposed contract for a total amount of WHEREAS, staff is recommending the City Commission approve the contract with Vendor as presented for a total amount of $907,810.00 with a contract time BE IT RESOLVED by the City Commission of the City of Kingsville, Texas: Commission on 8/19/24; $907,810.00; of 175 calendar days; I. THAT the City Commission approves and the City Manager is authorized and directed as an act of the City of Kingsville, Texas to authorize the City Manager to execute the Contract between the City of Kingsville, Texas and Global WET LLC for UV Filter Equipment for the Kingsville North and South Waste Water Treatment Plants as per staff recommendation and 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. II. THAT this Resolution shall be and become effective on and after adoption. 1 PASSED AND APPROVED by a majority vote oft the City Commission on the 23rd_day of September 2024. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 Contract Between the City of Kingsville, Texas ("City") and Global WET LLC ("Contractor") for UV Filter Equipment for the Kingsville North and South Waste Water Treatment Plants WHEREAS: CITY OF KINGSVILLE, (hereinafter referred to as "OWNER"), a Texas home-rule municipal corporation, engages Global WET LLC (hereinafter referred to as CONTRACTOR) to perform the SERVICES" described in the PROPOSAL" attached as Exhibits A,B,&C to this Agreement. PARTI. SERVICES A. The scope and pricing, and performance schedule, for the SERVICES is set forth on the PROPOSAL and related documents. The PROPOSAL has been executed by OWNER and CONTRACTOR, and shall be attached and is hereby made a part of this Services Agreement. B. After receiving and verifying the performance bond, payment bond, insurance, disclosure and conflict ofi interest documents, OWNER shall set a pre-construction meeting and shall authorize notice to proceed and CONTRACTOR shall commence work within 14 days of CONTRACTORS receipt of OWNER approved submittals and the properly executed and signed PROPOSAL [along with the initial project payment as outlined in the PROPOSAL). C. CONTRACTOR shall be responsible for the professional quality and timely completion of all SERVICES outlined and described in the Project Proposal and Project Specifications. Ifa conflict exists between the Project Proposal and/or the Project Specifications, the project Proposal will govern for the project. D. OWNER and CONTRACTOR have designated points of contact sot that any issues or problems may be identified and resolved in the most efficient manner. The OWNER's contact is William Donnell, and CONTRACTOR'S CONTRACTOR will hold periodic conferences with the OWNER or its representatives throughout the term of the project. CONTRACTOR will keep OWNER informed as to project progress on a regular basis. contact is Joju Abraham. E. F. CONTRACTOR shall complete the SERVICES within 175 calendar days from the approval of submittals by the OWNER. Should the project be delayed by inclement weather or other circumstances outside of CONTRACTORS reasonable control, one additional business day will be added to this agreement: for each day sO delayed. Each day of delay caused by stoppage of work or other failure toi timely perform by OWNER will result in an extension of one business day. to the target completion date of this project. If the SERVICES are not completed within the time stipulated herein, the CONTRACTOR shall pay to the OWNER as fixed, agreed, and liquidated damages (it being impossible to determine the actual damages occasioned by the delay) the amount of $200.00 for each calendar day of delay, until the work is completed. The CONTRACTOR and CONTRACTORS sureties shall be liable to the OWNER for the amount thereof. G. As a component of its SERVICES, CONTRACTOR will also make recommendations regarding the post-project care and maintenance of the work areas. OWNER should be aware that the long-term success of the project depends in large part upon OWNER'S adherence to the recommended care and maintenance. PART II. OWNER'S RESPONSIBILITIES A. OWNER has directed the CONTRACTOR to provide SERVICES as B. Prior to the commencement of the SERVICES, OWNER shall secure any C. OWNER shall timely perform all of its obligations under this Services outlined in the PROPOSAL. permits needed to have the work performed. Agreement and the PROPOSAL. PART III. CHANGE ORDERS A. The SERVICES may be amended or revised only via written Change Order, executed by OWNER and CONTRACTOR. The OWNER may at any time request changes to the PROPOSAL. Ifsuch changes cause an increase or decrease in the CONTRACTORS cost of, or time required for, performance of any services under the PROPOSAL, an equitable adjustment shall be made and reflected in a properly executed Change Order. B. No SERVICES for which an additional compensation will be charged by the CONTRACTOR shall be furnished without a properly executed Change Order signed by OWNER prior to the start of the additional SERVICES. C. Int the event that there are modifications andlor additions to. regulatory requirements relating to the services to be performed under this Agreement after the date of execution of this Agreement, the increased or decreased cost of performance of the services provided for in this Agreement and PROPOSAL shall be reflected in an appropriate Change Order. PARTIV. COMPENSATION TO CONTRACTOR OWNER agrees to pay CONTRACTOR for SERVICES in accordance with the descriptions, definitions, terms and conditions as set forth herein and in the Exhibits attached hereto and any Change Orders subsequently attached hereto. PARTV. PAYMENTS See Attachment 3-Exhibit C attached hereto for additional compensation details. After final inspection and the acceptance by the OWNER of all SERVICES under the PROPOSAL, the CONTRACTOR shall prepare the requisition for final payment which shall be based upon the careful inspection of each item of SERVICES at the applicable unit prices stipulated in the PROPOSAL. The total amount of the final payment due the CONTRACTOR under this AGREEMENT shall be the amount computed as described in Attachment 3-Exhibit C less all previous payments. Before paying the final estimate, OWNER shall require the CONTRACTOR to furnish releases or receipts from all subcontractors having performed any work and all persons having supplied materials, equipment (installed on the PROPOSAL) and services to the CONTRACTOR. The OWNER may make payment in part or in full to the CONTRACTOR without requiring the furnishing of such releases or receipts and any payments made shall in no way impair the obligations of any surety or sureties furnished under this AGREEMENT. Any amount due the OWNER under liquidated damages shall be deducted from the final payment due the CONTRACTOR. PARTVI. INSURANCE CONTRACTOR agrees to maintain worker's compensation insurance to cover all of its own personnel engaged in performing services for OWNER under this Agreement. CONTRACTOR also agrees to maintain commercial liability insurance covering claims against CONTRACTOR for damages resulting from bodily injury, death or property damage from accidents arising in the course of services performed under this Agreement. OWNER shall be solely responsible for maintaining proper and adequate insurance coverage for its premises and its employees and representatives. PART VII. MISCELLANEOUS A. Late Payment IfOWNER fails to make any payment due CONTRACTOR for services, in accordance with Part V herein, within twenty days after receipt of CONTRACTORSS invoice, thereafter the amounts due CONTRACTOR shall include a charge at the rate of 1% per month starting on the tenth day past the due date, and in addition, CONTRACTOR may, after giving seven days written notice to OWNER, suspend services under this Agreement until he has been paid in full all amounts due him for services. B. Attorney's Fees Int the event CONTRACTORS invoices for services are given to an attorney for collection, or if suit is brought for collection, or if they are collected through probate, bankruptcy, or other judicial proceeding, then OWNER shall pay CONTRACTOR all costs of collection awarded by the court, including the reasonable and necessary attorney's fees allowed by law and court costs, in addition to other amounts due, all if ordered by the court; otherwise, each party pays its own costs unless the court orders differently. C. Mediation Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to non-binding mediation as a condition precedent to the institution of legal proceedings by either party. The parties shall share the mediator's fee and any filing fees equally. Each party shall be responsible for its own attorney's fees and any other fees or expenses not stated herein. The mediation shall bel held int the county where the project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement D. The CONTRACTOR does not at the time of this AGREEMENT, nor will it agreements in any court having jurisdiction thereof. during the course of this AGREEMENT, boycott Israel. PARTVIL. MODIFICATIONS The written signature of both OWNER and CONTRACTOR shall be required to effect a Change Order or to otherwise amend, modify or extend the terms ofthis Agreement. Only Joju Abraham, Manager of CONTRACTOR, shall have the authority to execute such change or amendment on behalf of CONTRACTOR. PARTIX. MISCELLANEOUS PROVISIONS A. Notice. Notice required by this Agreement may be given or served by depositing the notice in the United States Mail, in certified or registered form, postage prepaid, addressed toi the other party, orby delivering the notice in person to the other party. Notice deposited in the United States Mail in the manner prescribed in this subsection is effective upon deposit. The addresses of the parties are: City of Kingsville, Texas Attention: City Manager P.O. Box 1458 Kingsville, Texas 78364 Telephone: (361)595-8002 Email: mmclaughlin@ctyofkingsvile.com Global WET LLC Attention: Joju Abraham, Manager 10900 Research Blvd., Suite 160C 65 Austin, Texas 78759 Telephone: (512)560-9952 Email: abraham@gobalwetcom B. Effect of Waivers. No waiver by either party of any default, violation, or breach of the terms, provisions, and covenants contained in this Agreement may be deemed or construed to constitute a waiver of any other violation or breach of any oft the terms, provisions, and covenants of this Agreement. Any and all rights and remedies which either party may have under this Agreement, upon any breach, shall be distinct, separate and cumulative and shall not be deemed inconsistent with each other; and no one of them, whether exercised by said party or not, shall be deemed to be an exclusion of any other. C.A Amendment of Agreement. This Agreement may be amended at any time. Any amendment to this Agreement must be in writing and agreed to by the governing bodies of the parties. No officer or employee of any of the parties has authority to waive or otherwise modify the limitations in this Agreement, without the express D. Not For Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third E. Exercise of Police Powers. This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the parties, exercised for the health, safety, and welfare of the public generally, and noti for the benefit of any particular person or persons. The parties do not have and may not F. Immunities Not Waived. Nothing in this Agreement waives any governmental, official, or other immunity or defense of any of the parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. action of the governing body of the party. parties. be deemed to have any duty to any particular person or persons. G.N Mutual Indemnification: To the extent allowed by the Constitution and Laws of the State of Texas, the CONTRACTOR and OWNER agree that each party assumes any and all risks of liability, loss, damages, claims, or causes of action and related expenses, including attorney fees, caused or asserted to have been caused directly or indirectly by or as the result of the negligent acts or omissions H. Captions. Captions to provisions of this Agreement are for convenience and I.F Fiscal Obligations. Each party which performs services or furnishes aid under this Agreement must do SO with funds available from current revenues of the party, J. Approval by Governing Bodies. Each party represents that this Agreement has been duly passed and approved by the governing body of the party or that proper K.! Entirety of Agreement. No other oral or written commitments of the parties with respect to the usage of facilities or signage may have any force or effect if not L.S Severability. Ifany provision contained in this Agreement is held invalid for any reason, the invalidity does not affect other provisions oft the Agreement that can be given effect without the invalid provision, and to this end the provisions of this M. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and sO modified, this Agreement continues in full N. Warranty. The individuals executing this agreement on behalf of each party represent and warrant that they are each the duly authorized representatives of such party on whose behalf the individuals are signing, each with full power and authority to bind said party to each term and condition set forth in this agreement. 0. Governing Laws. This Agreement shall be governed by the laws of the State of P. Venue. Venue for an action arising under this Agreement is in Kleberg of that party and the officers, employees, and agents thereof. shall not be considered in the interpretation of the provisions. which are subject to annual appropriations. power and authority has been delegated by the governing body. contained in this Agreement or any amendments thereto. Agreement are severable. force and effect. Texas. County, Texas. Q. Effective Date. This Agreement is effective on the date when the last party R.Multiple Originals. Two (2) copies of this Agreement are executed; each shall executes this agreement. be deemed an original. PARTX. ATTACHMENTS Attachment 1- Exhibit A-Scope of Work Attachment 2- Exhibit B-Scope of Supply Attachment 3- Exhibit C-Compensation Executed as of the effective date set forth above: Authorized and accepted this day of 2024. GLOBAL WET LLC BY: Joju Abraham Manager Title Authorized and accepted this day of 2024. CITY OF KINGSVILLE, TEXAS BY: Mark McLaughlin City Manager Title EXHIBIT A SCOPE OF WORK Section I. General Information 1.1 The Contractor shall furnish all labor, superintendence, machinery, equipment, tools, materials, services, and other facilities to install Five (5) Vertical UV Systems water treatment, including furnishings, delivering, placing back into operation, and testing at the City of Kingsville's North, Water Treatment Plant located at Kingsville Wastewater Department, Attention: William Donnell, 2801 E Santa Gertrudis, Kingsville, Texas 78363; and Two (2) Vertical UV Systems at the City of Kingsville's South Water Treatment Plant located at Kingsville Wastewater Department, Attention: William 1.2 Any equipment or repair parts contemplated within the Work shall be new and ready for use and shall be capable of performing in accordance with the requirements Donnell, 2500 E. FM 1717, Kingsville, Texas 78363. set forth in the specifications unless otherwise specified below. Section II. Scope of Work Equipment and Electrical to Include: i.Submittals for Approval. 2.1 Contractor shall Remove Existing UV System. Furnish and Install New UV ii. Unloading of components supplied by Glasco UV. iii. Removal of the existing UVs system. iv. Preparation of the UV Channel for installation of new UV System. V.N Mechanical work required to support and install the UV System and associated vi. Installation of electrical conduit and wiring for power supply and controls of UV vii. Labor and installation of UVModules, electrical enclosures, compressor and controls. System. PLC. viii. Startup and Training on the new UV System. i.P Providing 480 Volt, 3 Phase Power at the UV Site. 2.3 Items not included in our scope: 2.2 The Work to be performed is described in general, non-inclusive terms and includes furnishing all labor, tools, equipment and incidentals necessary to provide the i. Meet all applicable OSHA requirements while performing the Work. ii. Protect electrical and control devices in and around the Sulzer Blower Unit. Prior to any Work being performed, Contractor shall follow proper lock-outtag-out iii. Supply all parts and perform repairs listed in Exhibit "B", attached hereto and incorporated by reference herein. The Work shall include, but is not limited to, installing a new overhaul kit and/or spare parts as required, re-setting internal iv. Install all repair or furnished parts in accordance with manufacturer's following: procedures and requirements. clearances, and re-assembly to factory specifications. instructions. V. Certify Glasco UV Ultraviolet Systems and associated equipment are ready for use after repair and testing at the City's facility. Section III. Repair & Testing, Installation, and Acceptance 4.1 The Work shall be completed during normal business hours, Monday through Friday between the hours of 7:00 AM and 4:00 PM. Other times may be acceptable if 4.2 The Contractor is responsible for unloading all equipment necessary for the Work at 4.3 The Contractor shall be responsible for the installation of any and all equipment necessary for the Work. Prior to the startup of the equipment installed in furtherance of the Work, Contractor shall inspect the equipment, make necessary final adjustments, pre-arranged with the City. the facility. and certify the equipment is ready for operation. EXHIBIT B SCOPE OF SUPPLY Section I. General Information and Pricing 1.1 The Contractor shall provide the Equipment below at the prices outlined below. 1.2 All Equipment, delivery details, terms and conditions, freight and service are described in the manufacturer individual proposals. These proposals have been sent electronically via email, are attached or will be sent under separate cover. Thank you for this opportunity and we look forward to working with you. North Plant UV Installed Cost ITEM QTY 1 EQUIPMENT MANUFACTURER PRICE TOTAL PRICE 5 Vertical UV System. VC-8- A800X5. Low pressure high output 16,000 hr lamps. Ballast and System Control Center. Auto cleaning package with compressor. UVI Monitoring and level control. 1 NEMA Control Panel Labor: Demo and remove existing UV. Reconfigure existing Gates. Bypass pumping. Install new UV. Make electrical connections. Install control panel. Install New UV. 1 Admin. Project Management Insurance and Bonding 1 Overhead and Profit Glasco UV $69,000 $345,000 2 3 Glasco UV Included Above Global WET $186,300 $186,300 N/A N/A TOTAL 10% 10% $53,130 $53,130 $637,560 6 (Additional Equipment on next' page.) South Plant UV Installed Cost ITEM QTY 1 EQUIPMENT MANUFACTURER PRICE TOTAL PRICE 2 Vertical UV System. VC-8- A800X2. Low pressure high output 16,000 hr lamps, Ballast and System Control Center. Auto cleaning package with compressor. UVI Monitoring and level control. 1 NEMA Control Panel. 1 Labor: Demo and remove existing UV. Reconfigure existing Gates. Bypass pumping. Install new UV. Make electrical connections. Install control panel. Install New UV Glasco UV $69,000 $138,000 2 3 Glasco UV Included Global WET $132,250 $132,250 Above TOTAL $270,250 Section II. Equipment Warranties 1.1 The UV System warranty is valid under the terms outlined below. The warranty period is 18 months from date of delivery and 12 months from date of the Certification of Substantial Completion whichever comes first. It covers all failures due to defects in material and/or workmanship excluding consumables (see separate lamp and ballast 1.2 This warranty shall not apply to any failure or defect which results from the Equipment not being operated and maintained in strict accordance with instructions specified in Glasco UV's Instructions Manual or which results from mishandling, misuse, neglect, improper storage, improper Operation of the Equipment with other equipment furnished by the Customer or by other third parties or from defects in designs or specifications furnished by or on behalf of the Customer by a person other than Glasco UV. In addition, this warranty shall not apply to Equipment that has been altered or warranties below). repaired after start-up by anyone except: A Authorized representatives of Glasco UV, or Customer acting under specific instructions from Glasco UV. 1.3 Customer must notify Glasco UVin writing within 5 days of the date of any Equipment failure. This notification shall include a description of the problem, a copy of the operator's log, a copy of the Customer's maintenance record and any analytical results detailing the problem. If Customer has not maintained the operator's log and maintenance record in the manner directed in the Operation and Maintenance manual, or does not notify Glasco UV of the problem as specified above, this warranty may, in Glasco UV's discretion, be invalid. 1.4 Customer will fully cooperate with Glasco UV, in the manner requested by Glasco UV, in attempting to diagnose and resolve the problem by way of telephone support. If the problem can be diagnosed by telephone support and a replacement part is required, Glasco UVwill either, at Glasco UV's expense, ship a repaired, reworked or new part to the Customer who will install such part as directed by Glasco UV or will direct Customer to acquire, at Glasco UV's expense, such part from a third party and then install such part as directed by Glasco UV. This warranty is the exclusive remedy of the Customer for all claims based on a failure of or defect in the Equipment, whether the claim is based on contract (including fundamental breach), tort (including negligence), strict liability or otherwise. This warranty is in lieu of all other warranties whether written, oral, implied or statutory. Without limitation, no warranty of merchantability or fitness fora a 1.5 Each low pressure, high output lamp is guaranteed for 13,000 hours operating time under normal operating conditions. Normal operating conditions include: particular purpose shall apply to the Equipment. On/off cycles max. 4 per 24 operating hours, Voltage fluctuations according to DIN IEC 38. Glasco UVi together with the information of UV unit serial In case of premature lamp failure, the client is requested to send the lamp back to number, hours run and on/off cycles. Glasco UVthen offers the following: Lamp failure before 9,000 h: Glasco UVwill send a replacement lamp free of Lamp failure after 9,000 h: Glasco UV will issue a credit proportional to the Upon return to our facilities in Mahwah, NJ, we will dispose/recycle all used and failed charge, hours not used. lamps at no charge to the client. EXHIBIT C COMPENSATION Section I. Compensation 1.1 Contractor shall be compensated for the Work and Equipment provided under this Contract in a lump sum total not-to-exceed price of nine hundred seven thousand, eight hundred ten dollars and zero cents ($907,810.00) after the' Work and 1.2 Unless otherwise approved in writing by the City and formalized by amendment, the Work and Equipment provided under this Contract shall not exceed the total price set Equipment have been accepted by the City. forth in Section 1.1above. Section II. Payment Terms and Invoicing 2.1 The City normally will pay properly submitted Contractor invoices within thirty (30) days of receipt providing goods andlor services have been delivered and accepted 2.2 Invoices must be received in the City Finance and Administration Department and presented for payment in accordance with instructions contained on the purchase order including reference to purchase order number and submittal to the following address for as specified. processing: Mailing Address: City of Kingsville P.O. Box 1458 Kingsville, Texas 78364 Physical Address: City of Kingsville 400 W. King Ave. Kingsville, Texas 78363 2.3 The Contractor is asked to submit invoices electronically to the following Accounts Payable email address: wdonnel@ciyorkingsvile.com, Contractors who use 2.4 The City is exempt from paying Texas sales and use taxes. The Contractor shall not charge the City for such taxes. Proof of exemption is available upon request. 2.5 Invoices will be sent to the City by the Contractor and payment made within 30 Days by the City to the Contractor according to the pay schedule below. the electronic service should not mail the original invoice. 5% Upon Approval of submittal 10% Upon Removal of the existing UV system 15% Upon Preparation of the UV Channel for installation of new UV System. 15% Upon Mechanical work required to support and install the UV System and 15% Upon Installation of electrical conduit and wiring for power supply and 15% Upon Labor and installation of UVI Modules, electrical enclosures, 15% Upon Startup and Training on the new UV System. 10% Upon Retainage upon Substantial Completion and Acceptance. 2.6 ACH Payments will be the accepted method of payment. The City will provide bank account and routing information with their purchase order and the Contractor will provide bank accounting and routing information on the first invoice. associated controls. controls of UV System. compressor and PLC. AGENDA ITEM #12 Golf Course City of Kingsville Parks & Recreation Department TO: CC: FROM: DATE: SUBJECT: Mayor and City Commissioners Mark McLaughlin, City. Manager Susan Ivy, Director of Parks & Recreation September 11, 2024 Agenda Request - Request to Amend Ordinance to increase. certain Golf Course Fees and to Approve of certain Park Fees Summary: We are requesting approval from City Commission to amend the Code of Ordinances to allow for certain Golf Course Fees at L. E. Ramey Parkt to be increased. We are also requesting approval to change the lighting fee for Athletic Fields rentals' and' the Shelter rental fees in the Background: During the Budget workshops we presented a comparison of area golf course fees. After an evaluation ofthe currenti fees at our Golf Course we presented a proposal tor raise certain fees to a more appropriate rate. Consideration was discussed regarding the increase in golf cart leasing contract amount, overall increase in cost of operations and considerable improvements We also discussed the increase in lighting fees for athletic fields and shelter rental fees, which Parks. toi the course. are covered under Code of Ordinance section 9-8-7. Al list of fees to be changed and: their existing and proposed fees are attached. Financial Impact: We believe that this action will result in a substantial incrèase. ini revenue for the Golf Course and Parks Department that will come closer to covering the expense ofthei items., Recommendation: 1) Approve the fee increase proposal for Parks fees as presented. 2) Amend the Code of Ordinances: fort the Golf Course. feei increases as presented. TEXAS Kinosville City of Kingsville Parks & Recreation Department All fees will have sales taxes added to them at time of sale GREEN FEES 18Weekend /Holiday 18 Weekdays 9Weekend/Holiday Senior Weekdays Senior Weekends 18 Juniors 9J Juniors CART FEES 18 Hole Cart Fée Half Cart Member Cart Fee Trail Fee Current 17.00 15.00 12.00 11.00 13.00 8 6 Proposed 23.00. 18.00 14.00 15.00 17.00 8.00 6.00. Current 15.00 10.00 15.00. 7.00 Proposed Per Person Cart Fee: $18.00. Use rate above Use rate above 10.00 Proposed 1000.00 175.00 3000.00 350.00 MEMBERSHIP FEES Current Yearly No Cart Monthly No Cart Yearly With Cart Monthly with Cart 660.00 65.00 2500.00 185.00 Kinosville EXAS ORDINANCE NO. 2024- AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES BY AMENEDING CHAPTER X-GENERAL REGULATIONS, ARTICLE 8-PARKS AND RECREATION, PROVIDING FOR REVISED CART FEES FOR THE L.E. RAMEY GOLF COURSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE AND WHEREAS, in 2014 the City and County approved interlocal agreements to transfer operations and maintenance of all of the parks within the city limits and WHEREAS, the approval of these interlocal agreements necessitated the City to enact regulations and fees for the properties covered under the interlocal PUBLICATION. the L.E. Ramey Golf Course from the County to the City; agreements; and WHEREAS, in the first half of 2018, the City made several hundred thousand dollars of improvements at the L.E. Ramey Golf Course and determined that it needed to increase user fees to help offset the cost of the improvements and those revisions were approved on June 25, 2018, via Ordinance #2018-35; and WHEREAS, the golf course user fees were last revised on August 12, 2019 and WHEREAS, the City recently acquired new electric golf carts for rent at the golf course and performed a rental rate survey which showed the current rate to be below market, sO staff is now recommending a slight increase in the golf cart rental rate for the new carts to be more in-line with the going market rate; and WHEREAS, the City has made numerous improvements to the golf course in the last few years without a rate adjustment and the cost to provide the services has increased, new rates are being proposed by staff to help cover costs; and WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE golf cart rental fees were revised on September 28, 2020; and welfare oft the City of Kingsville. CITY OF KINGSVILLE, TEXAS; I. THAT Chapter IX- General Regulations, Article 8-Parks and Recreation, of the Code of Ordinances of the City of Kingsville, Texas, shall be amended to read as follows: ARTICLE 8 PARKS AND RECREATION 1 GOLF COURSE $9-8-41. GOLF COURSE FEES. The following schedule of fees shall be paid by the patrons of the municipal golf course. The Golf Course Manager may negotiate rates for golf course special events and promotions. NOTE: All fees will have sales taxes added to them at the time of sale! (A) Daily Green Fees: refundable). Golf course green fees for persons 18 years. of age or older (non- (1) 18-Holes of Play: Weekends and holidays: $17.00 $23.00 Weekdays: $15.00 $18.00 (2). 9-Holes of Play: Weekends and holidays: $12.00 $14.00 Weekdays: $13.00 (B)Junior Fees: Golf course green fees for persons in the classification of junior (non- refundable). (1) 18-Holes of Play: Weekdays: $8.00 (2) 9-Holes of Play: Weekdays: $6.00 (C)College Student Fees: 2 Golf course green fees for persons in the classification of College Student (non-refundable) can receive a twenty percent (20%) discount off the Daily Green Fees. (D)Military Fees: Golf course green fees for persons in the classification of Military (non- refundable) can receive a twenty percent (20%) discount off the Daily Green Fees. (E) Senior Fees: Golf course green fees for persons 62 years of age or older (non- refundable). 18-Holes of Play: Weekdays: $11.00 $15.00 Weekends: $13.00 $17.00 (F)Annual membership fees: Annual membership entitles that person to unlimited green fees for 365 days from date of purchase (non-refundable). Annual individual membership rate no cart): $660.00 $1,000.00 Military annual membership rate: can receive a 25% discount off of an annual individual membership rate. (G) Semi-Annual membership fees: Semi-Annual membership entitles player to unlimited green fees. for six (6) months from date of purchase (non-refundable) for $360.00. (H)Monthly membership fees: Monthly membership entitles an individual player to unlimited green fees for 30 days from date of purchase (non-refundable). Monthly individual rate no cart): $65.00 $175.00 Monthly individual rate (with cart): $185.00 $350.00 Monthly individual rate per school team member: $35.00 3 (I) Annual cart fee and green fee: Annual cart fee is per player and entitles player to unlimited carts for 365 days from date of purchase non-refundable) and unlimited green fees for 365 days from date of purchase (non-refundable). Annual individual cart fee and green fee: $2,500.00 $3.000.00 (J) Monthly Locker Fee: Monthly locker fee is per player and entitles player to use of a locker for 30 days from date of purchase (non-refundable). Monthly individual locker fee: $30.00 for one month $75.00 for three months $120.00 for six months $180.00 for twelve months (K) Daily. Golf Club Rental Fee: clubs (non-refundable). Daily golf club rental fee: $15.00 (L) Monthly Driving Range Membership Fee: Daily golf club fee is per player and entitles player to use of a set of golf Monthly driving range membership entitles player to unlimited driving range fees for 30 days from date of purchase non-refundable). Monthly individual membership rate: $90.00 for three months $120 for six months $200.00 for twelve months (M) Range Ball Bucket Fee: (non-refundable). Range ball bucket fee entitles player to the use of the bucket of balls once Jumbo Bucket: $15.00 Large Bucket (135 balls): $10.00 Medium Bucket (75 balls): $7.00 Small Bucket (35 balls): $5.00 4 (N) Minors less than 16 years of age shall not operate golf carts on municipal (0) Each golf course green fee shall entitle payee to play. a maximum of 18 holes of golf on the date paid. Additional payment of green fees shall be (P) All members of any authorized golf team from a school or institution of higher education located within Kleberg County may play a maximum of two rounds per week Monday-Thursday, excluding holidays, at no charge during their respective schoolyears. The following limit will apply to such golf golf course property. required if more than 18 holes of golf are to be played. players: Teams are limited to 15 players per school at any one time. (Q) Cart Rental Fee: 18-Holes: $15.00 $18.00 per player 9-Holes: $10.00 $18.00 per player Clubhouse Rental Deposit Clubhouse Rental Fee Tournament Deposit Snag Golf Clinic Fee (R) Miscellaneous Fees: $50.00 $150.00 $100.00 $60.00 City Employees Wellness Program Discount: Golf course green fees for persons who are current City Employees can receive a twenty percent (20%) discount off the Daily Green Fees. I. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. 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 paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, 5 subdivision, clause, phrase, work or ordinance hereof be given full force and effect for its purpose. IV. THAT this Ordinance shall be codified and become effective on and after adoption and publication as required by law. INTRODUCED on this 23rd day of September, 2024. PASSED AND APPROVED on this the 15th day of October, 2024. Effective Date: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED ASTOF FORM: Courtney Alvarez, City Attorney 6 AGENDA ITEM #13 Pack Fees City of Kingsville Parks & Recreation Department TO: CC: FROM: DATE: SUBJECT: Mayor and City Commissioners Mark McLaughlin, City Manager Susan Ivy, Director of Parks & Recreation September 11, 2024 Agenda Request- - Request to Amend Ordinance toi increase certain Golf Course Fees and to Approve of certain Park Fees Summary: We are requesting approval from City Commission to amend" the Code of Ordinances to allow for certain Golf Course Fees at L. E. Ramey Park to bei increased. We are. also requesting approval to change the lighting fee for Athletic Fields rentals and the Shelter rental fees in the Background: During the Budget workshops we presented a comparison of area golf course fees. Afteranevaluation of the current fees at our Golf Course we presented a proposal to raise certain fees to a more appropriate rate. Consideration was discussed regarding the increase in golf cart leasing contract amount, overall increase in cost of operations and considerable improvements We also discussed the increase in lighting fees for athletic fields and shelter rental fees, which Parks. to the course. are covered under Code of Ordinance section 9-8-7. Al list of fees to be changed and their existing and proposed fees are attached. Financial Impact: We believé that this action will result in a substantial increase. in revenue for the Golf Course and Parks Department that will come closer to covering the expense oft the items. Recommendation: 1) Approve the fee increase proposal for Parks fees as presented. 2) Amend the Code of Ordinances for the Golf Course fee increases as presented. 1 ing