City of Kingsville, Texas  AGENDA CITY COMMISSION MONDAY, OCTOBER 28, 2024 REGULAR MEETING CITY HALL  HELEN KLEBERG GROVES COMMUNITY ROOM  400 WEST KING AVENUE 5:00 P.M. = Regular Meeting  Live Videostream: htps/wmmwfaebokcom/tivohingpulletx  - Preliminary Proceedings. OPEN MEETING  NVOCATION/PLEDGE OF ALLEGIANCE - (Mayor Fugate)  MINUTES OF PREVIOUS MEETING(S) Regular Meeting - October 15, 2024 II. Public Hearing - (Required by Law)." II. Reports from Commission & Staff.2  Mark City Manager  Eu  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. Staff reports include thei following: Building & Development, Code Enforcement, Proposed Development Report; Accounting & Finance - Financial Services- Information, Investment Report, Quarterly Budget Report, Monthly Financial Reports; Police & Fire Department Grant Update, Police & Fire Reports; Street Updates; Public Works- miscellaneous, park projects, Admnsiraton-Worksnop Schedule, Interlocal. Agreements, Public Information, Hotel Occupancy Report, Quiet Zone, Proclamations, Health Plan Update, Tax Increment Zone Presentation, Main Street Downtown, Chapter 59 project, Financial Advisor, Water. And' Wastewater. Rate Study Presentation. No formal action can  Building Maintenance, Construction Updates; Park Services  grant(s) update,  be taken on these items at this time." " IV. Public Comment on Agenda Items.3  1. Comments on all agenda and non-agenda items.  V.  Consent Agenda Notice to the Public Page: 1of5 AGENDA- KINGSVILLE CITY COMMISSION October 28, 2024    The following items are of a routine or administrative nature. The Commission has been furnished with background and support material on each item, andlor it has been discussed at a previous meeting. All items will. be acted upon by one vote without being discussed separately unless requested by a Commission Member in which event the item ori items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM  items will be adopted by one vote. PREVIOUS MEETINGS:  (At this point the Commission will vote on all motions, resolutions, and ordinances 1. Motion to approve final passage of an ordinance of the City Commission of the City of Kingsville, Texas, approving a Project and Financing Plani for Tax Increment Reinvestment Zone Number Two, City of Kingsville, Texas, established pursuant to Chapter 311 of the 2. Motion to approve final passage of an ordinance amending the Fiscal Year 2024-2025 Budget to appropriate funding for TIRZ#3. (Economic Development Director). 3. Motion to approve final passage of an ordinance amending the Fiscal Year 2024-2025 Budget to appropriate funding for the Public Works Concrete Parking Lot Project. (Public 4. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter. XV-Land Usage, Article 1-Building Regulations, Section 15-1-156, adopting the 2024 edition of the National Electric Code. (Director of Planning & 5. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Section 15-1-2, adopting the 2024 International Building Code. (Director of Planning & Development Services). 6. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Sections 21 &22, adopting the 2024 edition of the International Plumbing Code. (Director of Planning & Development 7. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Sections 135 & 136, adopting the 2024 edition ofthel International Mechanical Code. (Director of Planning & Development 8. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Sections 402 & 403, adopting the 2024 edition of the International Energy Conservation Code. (Director of Planning & 9. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Section 502, adopting the 2024 edition of the International Existing Building Code. (Director of Planning & Development 10. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX-General Regulations, Article 7-Nuisances, Sections 1 &2, adopting the 2024 edition of the International Property Maintenance Code. (Director of 11. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX-General Regulations, Article 5-Fire Prevention and Protection,  not removed: for individual consideration)  Texas Tax Code. (Economic Development Director).  Works Director).  Development Services).  Services).  Services).  Development Services).  Services).  Planning & Development Services).  Page2of5 AGENDA KINGSVILLE CITY COMMISSION October 28, 2024    Section 10, adopting the 2024 edition of the International Fire Code. (Director of Planning 12. Motion to approve a resolution authorizing the Police Chief to enter into an Operating Agreement between the Naval Air Station, Kingsville, Texas and the City of Kingsville, Texas Police Department for the Provision of Law Enforcement Services. (update  & Development Services).  signatories on existing 3/27/17 agreement; no cost). (Police Chief).  REGULAR AGENDA  CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 13. Consider accepting donations for the Healthy Family Program. (Parks Director). 14. Consider introduction of an ordinance amending the Fiscal Year 2024-2025 Budget to accept and expend donations for the Parks Department Healthy Family Events. (Parks 15. Consider a resolution authorizing the City to submit an application to the Texas Parks And Wildlife Department's Community Outdoor Outreach Grant Program for the purpose of requesting funding for community nature based, family oriented, recreational programming wihnocahmatchregurs. authorizing the City Manager to submit the grant and the City Parks Director as the Grant Official to act on the City's behalf with such grant 16. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter V,Article 3, Water, providing for an increase in certain irrigation water 17.Consider a resolution authorizing the submission of an application to the Texas Water Development Board's 2024-2025 Economically Distressed Areas Program (EDAP) for first 18. Consider awarding Request for Qualification (RFQ #25-02) for Professional Engineering Services for municipal water infrastructure projects to be funded by the WaterSMART Drought Response Grant administered by the U.S. Bureau of Reclamation, 19. Consider approving Change Order: #1 for GLO CDBG-MIT Contract: #22-082-016-D218 for Project 2: Manhole Rehabilitation Project. (no additional cost). (City Engineer). 20. Consider a resolution authorizing the City Manager to execute the Construction Contract with R.S. Parker ConstructionLLC fort the GLO CDBG-MIT Contract #22-085-009- D237 for Project 2: N. 19th Street- Stormwater Improvements Project. (bid RFP #24-19 21. Consider a resolution authorizing the City Manager to execute the Construction Contract withl R.S. Parker ConstructionLLCF forthe GLO CDBG-MIT Contract: #22-085-009- D237 for Project 13: W. Johnston Ave. Stormwater Improvements Project, as per recommendation of contract engineer. (bid RFP #24-22 awarded to RS Parker 22. Consider a resolution authorizing the City Manager to execute the Construction Contract with Donald Hubert Construction Co. for GLO CDBG-MIT Contract #22-085-009- D237 for Project 6: Carlos Truan Blvd. Stormwater Improvements Project, as per recommendation of contract engineer. (bid RFP #24-20 awarded to Donald Hubert  VI. Items for consideration by Commissioners.  Director).  program. (Parks Director). rates. (Finance Director).  time wastewater service residents projects. (City Engineer).  as per staff recommendation. (City Engineer).  awarded to RS Parker Construction LLC on 10/15/24) (City Engineer).  Construction LLC on 10/15/24) (City Engineer).  Construction LLC on 10/15/24) (City Engineer).  Page: 3of5 AGENDA- - KINGSVILLE CITY COMMISSION October: 28, 2024    23. Consider authorizing emergency repairs toi the HVAC System at City Hall. (Purchasing 24. Consider introduction of an ordinance amending the Fiscal Year 2024-2025 Budget to appropriate funding for emergency repairs on the City Hall air conditioning unit. (Purchasing 25. Consider a resolution authorizing the Mayor to execute an Employment Agreement for the position of City Manager with Mark McLaughlin. (Mayor Fugate). 26. Executive Session: Pursuant to Section 551.072, Texas Government Code, Deliberations regarding Real Property Exception, the City Commission shall convene in Executive Session to discuss the purchase, exchange, lease, or value of real property as deliberation in an open meeting would have a detrimental effect on the position of the 27. Executive Session: Pursuant to Section 551.074, Texas Government Code, the Personnel Exception, the City Commission shall convene in Executive Session to deliberate the evaluation and duties of the City Attorney and Municipal Court Judge. 28. Consider a resolution authorizing staff to accept the offeri for the sale oft the City's 3.030 acres of land located on the north side of the 400 Block of East Caesar Ave. (9th, Block 24, Lot all, S/2 closed Ragland St.), also known as the Old Hospital site, in Kingsville, Texas.  Manager). Manager).  governmental body in negotiations with at third party. (City Manager).  (Mayor Fugate).  (Purchasing Manager). VII. Adjournment.  No person's comments shall exceed 5 minutes. Cannot be extended by Commission. No person's comments shall exceed 5 minutes without permission of majority of Commission. Comments are limited to 3 minutes per person. May be extended or permitted at other times in the meeting only with 5 affirmative Commission votes. The speaker 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 mvalenzuelaecityotsingevlle.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,t 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 October 24, 2024. at 12:30 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.  Page 4of5 AGENDA-KINGSVILEN CITY COMMISSION October 28, 2024    mawyValryla 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:  Pages 5of5 AGENDA KINGSVILLE CITY COMMISSION October 28, 2024    MINUTES OF PREVIOUS  MEETING(S)    OCTOBER 15, 2024  A REGULAR MEETING OF THE CITY OF KINGSVILLE CITY COMMISSION WAS HELD ON TUESDAY, OCTOBER 15, 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 Kyle Benson, Director of Information & Technology Derek Williams, Systems Administrator Emilio Garcia, Health Director John Blair, Chief of Police Bill Donnell, Public Works Director Rudy Mora, City Engineer Erik Spitzer, Director of Economic & Development Services Juan J.. Adame, Fire Chief Diana Gonzalez, Human Resources Director Mike Mora, Capital Improvements Manager Janine Reyes, Tourism Director Kwabena Agyekum, Senior Planner Deborah Balli, Finance Director Manny Salazar, Economic Development Director Charlie Sosa, Purchasing Manager I. 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  NVOCATION/PLEDGE OF ALLEGIANCE - (Mayor Fugate)  Allegiance and the Texas Pledge. MINUTES OF PREVIOUS MEETING(S)  Regular Meeting = September 23, 2024  Motion made by CommissionerLopez to approve the minutes of September: 23, 2024 as presented, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Lopez, Alvarez, Hinojosa, Alarcon voting "FOR".  Fugate "ABSTAINED". 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  Pagelofs-October: 15,2 2024    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 thei following: Building & Development, Code Enforcement, Proposed Development Report; Accounting & Finance-F 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, Admnstralon-wOASnOP Schedule, Interlocal. Agreements, Public Information, Hotel Occupancy Report, Quiet Zone, Proclamations, Health Plan Update, Tax Increment Zone Presentation, Main Street Downtown, Chapter 59 project, Financial. Advisor, Water. And Wastewater Rate Study Presentation. Noi formal action can  be taken on these items at this time."  Mr. Mark McLaughlin, City Manager gave a brief update on streets.  Ms. Courtney Alvarez, City Attorney stated that the next city commission meeting is scheduled for Monday, October 28, 2024. The deadline for staff to submit their agenda items for said meeting is Friday, October 18, 2024. Ms. Alvarez further announced Commissioner Hinojosa stated that he will be leaving tonight's meeting at 5:45 p.m. as he  upcoming events that will take place in October.  has a prior commitment. 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 ini its normal sequence after the items not requiring separate discussion have been acted upon. The remaining CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM  items will be adopted by one vote. PREVIOUS MEETINGS:  (At this point the Commission will vote on all motions, resolutions, and ordinances Motion made by Commissioner Lopez to approve the consent agenda as presented, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Alvarez, Hinojosa, Alarcon, Lopez, Fugate voting "FOR". 1. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX-General Requlations, Article 8- Parks and Recreation, providing for revised golf course fees for the L.E.  not removed fori individual consideration)  Ramey Golf Course. (Parks Director).  Page 20 of8- October: 15, 2024    2. Motion to approve the reappointment of Steve Davis to the Health Board for another 3-year term when his current term expires on November 8, 2024. (Health 3. Motion to approve membership with Electric Reliability Council of Texas (ERCOT)for 2025. (renewal of annual membership). (City Attorney).  Director).  REGULAR AGENDA  CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES:  VI. Items for consideration by Commissioners."  4. Consider introduction of an ordinance of the City Commission of the City of Kingsville, Texas, approving a Project and Financing Plan for Tax Increment Reinvestment Zone Number Two, City of Kingsville, Texas, established pursuant to Chapter 311 of the Texas Tax Code. (Economic Development Director). Mr. Manny Salazar, Economic Development Director, stated that the TIRZ Board met earlier today and approved the financing plan for TIRZ Number 2. 5. Consider a resolution authorizing the City Manager to engage the services of David Petit Economic Development, LLC as per prior agreement, for the creation of Motion made by Commissioner Lopez to approve the resolution authorizing the City Manager to engage the services of David Petit Economic Development, LLC as per prior agreement, for the creation of TIRZ#3, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Hinojosa, Alarcon, 6. Consider introduction of an ordinance amending the Fiscal Year 2024-2025 Budget to appropriate funding for TIRZ#3. (Economic Development Director).  Introduction item.  TIRZ#3. (Economic Development Director).  Lopez, Alvarez, Fugate voting FOR".  Introduction item.  7. Consideration and approval of a resolution accepting a Petition for and calling forapublic! hearing on the creation oft the Somersetat! Kingsville Public Improvement District Number 1 within the City of Kingsville, Texas pursuant to Chapter 372 of the Texas Local Government Code and authorizing the mailing and publication of notice Ms. Alvarez stated that you have your public hearing notice and if the TIRZ or PID doesn't get started within a certain timeframe after the public hearing it would need to be updated. This would set the public hearing for the city's commission meeting on November 12, 2024. Motion made by Commissioner Hinojosa to approve the resolution accepting a Petition for and calling for a public hearing on the creation of the Somerset at Kingsville Public Improvement District Number 1 within the City of Kingsville, Texas pursuant to Chapter 372 of the Texas Local Government Code and authorizing the mailing and publication of notice of the public hearing, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: Alarcon, Lopez, 8. Consider awarding bid #RPF 24-19 for GLO CDBG-MIT Contract #22-085-009- D237 for Project 2: N. 19th Street Stormwater Improvement Project, as per  of the public hearing. (City Attorney).  Alvarez, Hinojosa, Fugate voting "FOR".  recommendation of contract engineer. (City Engineer).  Page 3of8- October 15, 2024    Mr. Rudy, City Engineer stated that staff seek approval to award the first GLO CDBG-MIT Hurricane Harvey State Mitigation Competition Round 1. The first is Project 2- N. 19th Street Storm Water Improvements, which represents a crucial step toward enhancing the city's flood management infrastructure. The project includes the installation of1,430 linear feet of6'> X4 4' box culverts, four new curb inlets, and other related appurtenances toi improve stormwater drainage and minimize future flood risks. Sealed bids for Bid No. 24-19 (Project 2), were received on September 17, 2024, from three bidders: R.S. Parker Construction LLC, Corpus Christi, Texas; JE Construction Services, Corpus Christi, Texas; PM Construction & Rehab LLC, Pasadena, Texas. The base bids range from $1,630,804.891 to $2,623,783.00. After careful evaluation, staff recommends awarding the contract to the lowest bidder, R.S. Parker Construction LLC, for the amount of $1,630,804.89. Motion made by Commissioner Lopez to award bid #RPF 24-19 for GLO CDBG-MIT Contract #22-085-009-D237 for Project 2: N. 19th Street Stormwater Improvement Project, as per recommendation of contract engineer, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Lopez, 9. Consider awarding bid #RPF 24-20 for GLO CDBG-MIT Contract #22-085-009- D237 for Project 6: Carlos Truan Blvd. Stormwater Improvement Project, as per Mr. Mora stated that staff is seeking approval to award the second GLO CDBG-MIT Hurricane Harvey State Mitigation Competition Round 1 grant. The project in question, Project 6 - Carlos Truan Blvd - Storm Water improvements, is a vital component of the city's efforts to upgrade its flood management infrastructure. The project includes the installation of 90 linear feet of concrete trench with a steel grate, regrading oft the existing ditch, and other related appurtenances to improve stormwater drainage and reduce flood risks. Sealed bids for Bidl No. 24-20 (Project 6) were received on September 17, 2024, from five bidders: R.S. Parker Construction LLC, Corpus Christi, Texas; JE Construction Services, Corpus Christi, Texas; PM Construction & Rehab LLC, Pasadena, Texas; RXDX, Sinton, Texas; Donald Hubert Construction Co., Kingsville, Texas. The base bids ranged from $149,124.00 to $450,146.00. After review, staff recommends awarding the project to the lowest bidder, Donald Hubert Construction Co., for the basel bid amount of $149,124.00. Motion made by Commissioner Alarcon to approve award bid #RPF 24-20 for GLO CDBG-MIT Contract #22-085-009-D237 for Project 6: Carlos Truan Blvd. Stormwater Improvement Project, as per recommendation of contract engineer, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: 10. Consider awarding bid #RPF 24-22 for GLO CDBG-MIT Contract #22-085-009- D237 for Project 13: W. Johnston Ave. Stormwater Improvement Project, as per Mr. Mora stated that staff seeks approval to award the third GLO CDBG-MIT Hurricane Harvey State Mitigation Competition Round 1 grant. Project 13 - W. Johnston Ave. Storm Water Improvements is a critical component of the city's flood management infrastructure upgrades. This project includes the installation of 1,640 linear feet of 24-inch diameter reinforced concrete pipe (RCP), seven curb inlets, and related appurtenances to improve stormwater drainage and reduce future flood risks. Sealed bids for Bid No. 24-22 (Project 13) were received on September 17, 2024, from two bidders: R.S. Parker Construction LLC, Corpus Christi, Texas; JE Construction Services, Corpus Christi, Texas. The base bids range from $611,624.49 to $791,798.00. Alternate No. 1 bids range from $764,999.00 to $991,552.43. The total bids range from $1,556,797.00 to $1,603,186.92. After review, staffrecommends awarding the project to the lowest bidder, R.S. Parker Construction LLC,  Alvarez, Hinojosa, Alarcon, Fugate voting "FOR". recommendation of contract engineer. (City Engineer).  Alvarez, Hinojosa, Alarcon, Lopez, Fugate voting "FOR". recommendation of contract engineer. (City Engineer).  for the base bid amount of $611,624.49.  Page 4of8- October 15, 2024    Motion made by Commissioner Hinojosa to approve the award bid #RPF 24-22 for GLO CDBG-MIT Contract #22-085-009-D237 for Project 13: W. Johnston Ave. Stormwater Improvement Project, as per recommendation of contract engineer, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Lopez, Alvarez, Fugate voting "FOR". 11. Consider approving Change Order #4 for GLO CDBG-MIT Contract #22-082-016- D218 for Project 3: 18" Wastewater Main Replacement for 3MGD Wastewater Mr. Mora stated that staff seeks approval General Land Office Change Order No. 4 (CO-4) will decrease the contract price while increasing the contract time to help close the contract as required by the grant. CO-4 decreases the contract price by $5,400.95 and increases the contract time by 159 calendar days. Final Contract Price and Time $1,259,171,12and Motion made by Commissioner Alarcon to approve change order #4 for GLO CDBG- MIT Contract #22-082-016-D218 for Project 3: 18" Wastewater Main Replacement for 3MGD' Wastewater TreatmentPlant. (no additional cost), seconded by Commissioner Alvarez. The motion was passed and approved by thei following vote: Alarcon, Lopez, 12. Consider approving Change Order #1 for GLO CDBG-MIT Contract #22-082-016- D218 for Project 4: Alley between E. Johnston Ave. and E. Fordyce Ave. Sanitary Mr. Mora stated that staff seeking approval of General Land Office Change Order No. 1 (CO-1) will decrease the contract price while increasing the contract time and help close out the contract as required by the grant. CO-1 decreases the contract price by $229.92 and increases the contract time by 85 calendar days. Final Contract Price and Time $199, Motion made by Commissioner Alvarez to approve change order #1 for GLO CDBG- MIT Contract: #22-082-016-D218 for Project 4: Alley between E. Johnston Ave. and E. Fordyce Ave. Sanitary Sewer Improvements, seconded by Commissioner Alvarez and Commissioner Lopez. The motion was passed and approved by the following vote: Lopez, Alvarez, Hinojosa, Alarcon, Fugate voting "FOR". 13. Consider awarding bid #RFP 24-15 for Public Works Concrete Pavement Improvement Project, as per staff recommendation. (City Engineer). Mr. Mora stated that this award is for a construction contract for the Public Works concrete pavement improvement project. The project includes 840 square yards of 6" concrete pavement which replaces the existing asphalt paving and 6" concrete valley gutter for drainage improvements. The project shall be completed within 60 days from the Notice to Proceed date. This project was advertised int the local newspaper on July 18th and July 25, 2024, as well as on the city's website. Sealed bids for Bid 24-15 were received before the deadline of August 13, 2024, at 2:00 p.m. and were read out loud. The three bidders were ACE Co. from San Antonio, TX; RXDX: from Sinton, TX; and Internal Consulting Engineers from Corpus Christi, TX. Base bid ranged from $148,120.00 to $185,080.00. Alternate bid No. 1 ranged from $45,496.00 to $96,509.00. Alternate bid 2 ranged from $185,281.00 to $272,703.80. Total bid amounts ranged from $381,855.001 to $523,891.97. Mr. Mora stated thati iti is staff's recommendation to award the base bid only on project to the lowest bidder, ACE Co. in the amount of $148,120.00 and authorize the City Manager to sign the  Treatment Plant. (no additional cost). (City Engineer).  324 Calendar Days.  Alvarez, Hinojosa, Fugate voting "FOR".  Sewer Improvements. (no additional cost). (City Engineer).  984.24 and 265 Calendar Days.  construction contract.  Page! 5 of8- October 15, 2024    Motion made by Commissioner Alarcon to approve the award of bid #RFP 24-15 for Public Works Concrete Pavement Improvement Project, as per staff recommendation, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: Alvarez, Hinojosa, Alarcon, Lopez, Fugate voting 14. Consider introduction of an ordinance amending the Fiscal Year 2024-2025 Budget to appropriate funding for the Public Works Concrete Parking Lot Project.  "FOR".  (Public Works Director). Introduction item.  15. Consider a resolution authorizing the City Manager to execute the Construction Contract with Ace Co. for RFP#24-15 Public Works Concrete Pavement Improvement Motion made by Commissioner Lopez to approve the resolution authorizing the City Manager. to execute the Construction Contract with Ace Co. for RFP#24-15 Public Works Concrete Pavement Improvement Project, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Hinojosa, 16. Consider awarding bid RFP #24-16 for Comprehensive Plan and Grant Writing Services, as per staff recommendation. (Director of Planning & Development Mr. Erik Spitzer, Director of Planning & Development Services stated that the City of Kingsville has an outdated comprehensive plan which was last published in 2008. A comprehensive plan is a 20 to 30-year framework designed to help guide future developments and land use within a city. Staff would like to partner with a company to complete the workrequired to produce a comprehensive plan for the City of Kingsville. The 2022 Resilient Communities Program is accepting applications to help fund the development adoption and implementation of al long-range planning for cities. Applications are being processed for eligibility on a first-come basis until June 1, 2028, or until funding ise exhausted. The city advertised al Request for Proposal, RFP24-16, on August 22, 2024, and August 29, 2024, in the Kingsville Record, IAW Texas Stated Purchasing Law. Bids were opened on September 10, 2024, and closed on September 10, 2024. The city received only one bid from Halff Associates, Inc. It is staff's recommendation approve the selection of Halff Associates, Inc. as the Resilient Community Program Grant Writing and Administration company to complete the services required to complete the comprehensive Motion made by Commissioner Hinojosa to approve award bid RFP #24-16 for Comprehensive Plan and Grant Writing Services, as per staff recommendation, seconded by Commissioner Lopez. The motion was passed and approved by the following vote: Alarcon, Lopez, Alvarez, Hinojosa, Fugate voting FOR". 17. Consideration and approval of a resolution authorizing the City Manager to execute the Construction Contract with Lowman Land Improvements, Inc. for RFP#24-13 Landfill South Drainage Infrastructure-Lined Channel Project. (bid Mr. Charlie Sosa, Purchasing Manager stated that this item authorizes the city to enter into ac contract with Lowman Land Improvements, Inc. for RFP #24-13 Landfill South Drainage Infrastructure Lined Channel for the city. Request for proposal was advertised in the newspaper on August 1, 2024, and August 8, 2024. The city received four responses, Lowman Land Improvement of Orange Grove, TX; ERS, Inc. of Jacksonville, MS; Texas Chili of Kingwood, TX; and EnviroCon Systems Inc., of Houston, TX. Hanson Engineer is the engineer of record for the city landfill. Hanson Engineering reviewed proposals and  Project. (City Engineer).  Alarcon, Lopez, Alvarez, Fugate voting "FOR".  Services).  plan.  awarded 9/12/24) (Purchasing Manager).  Page 6of8-October 15, 2024    found the information received to be responsive. Bids received range from $299,814.00to $490,714.64. Hanson Engineering recommended the city accept the low bidder, Lowman Land Improvement, Inc. of Orange Grove, TX1 for $299,814.00, which the commission did at a previous meeting on September 12, 2024. The parties have worked on a contract that now needs to be approved. It is staff's recommendation to approve the city manager to enter into a contract with Lowman Land Improvements, Inc. of Orange Grove, TX for bid #24-13 Landfill South Drainage Infrastructure-Lined Channel for the city. Motion made by Commissioner Alvarez to approve the resolution authorizing the City Manager to execute the Construction Contract with Lowman Land Improvements, Inc. for RFP#24-13 Landfill South Drainage Infrastructure-Lined Channel Project. (bid awarded 9/12/24), seconded by Commissioner Lopez. The motion was passed and approved by the following vote: Lopez, Alvarez, Hinojosa, 18. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV-Land Usage, Article 1-Building Regulations, Section 15-1- 156, adopting the 2024 edition of the National Electric Code. (Director of Planning &  Alarcon, Fugate voting "FOR".  Development Services). Introduction item.  19. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV. Article 1-Building Regulations, Section 15-1-2, adopting the 2024 International Building Code. (Director of Planning & Development Services). 20. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Sections 21 & 22, adopting the 2024 edition of the International Plumbing Code. (Director of Planning &  Introduction item.  Development Services). Introduction item.  21. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Sections 135 & 136, adopting the 2024 edition oft the International Mechanical Code. (Director of Planning  &D Development Services). Introduction item.  22. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Sections 402 & 403, adopting the 2024 edition of the International Energy Conservation Code. (Director  ofF Planning & Development Services).  Introduction item.  23. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Section 502, adopting the 2024 edition of the International Existing Building Code. (Director of Planning &  Development Services). Introduction item.  24. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX-General Regulations, Article 7-Nuisances, Sections 1&2,  Page 7of8-October: 15, 2024    adopting the 2024 edition of the International Property Maintenance Code. (Director  ofF Planning & Development Services).  Introduction item.  25. Consider introduction of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX-General Regulations, Article 5-Fire Prevention and Protection, Section 10, adopting the 2024 edition of the International Fire Code.  (Director of Planning & Development Services).  Introduction item.  26. Executive Session: Pursuant to Section 551.074, Texas Government Code, the Personnel Exception, the City Commission shall convene in Executive Session to deliberate the evaluation and duties of the City Manager. (Mayor Fugate). Mayor Fugate announced the executive session and convened the meeting into a closed Commissioner Hinojosa left the meeting at 5:47 p.m. and did not attend the executive Mr. McLaughlin and Ms. Alvarez entered the executive session meeting at 5:47 p.m. and both came out of the executive session at 5:59 p.m. with the commission still in closed session. The City Commission exited the executive session at 6:17 p.m. Mayor Fugate reconvened the meeting into an open session at 6:18 p.m.  session at 5:47 p.m. session.  VI. Adjournment.  There being no further business to come before the City Commission, the meeting was  adjourned at 6:18 p.m.  Sam R. Fugate, Mayor  ATTEST:  Mary Valenzuela, City Secretary  Page 8of8- October 15, 2024    CONSENT AGENDA    AGENDA ITEM #1    To: Mayor and City Commissioners CC: Mark McLaughlin, City Manager Kingsville Economic Development Council  From: Manny Salazar, President/CEO, Kingsville Chamber of Commerce and Greater  Date: October: 2, 2024 BACKGROUND:  Subject: Project and Einance Plan forTIRZ#2  The City of Kingsville has been a steadfast supporter of local businesses and economic development programs, and understands the challenges that exist when creating a business. The creation ofTax Increment Reinvestment Zone (TIRZ) #2 was approved on June 24, 2024. The proposed ordinance is necessary to comply with Section 311.011(e) and 311.008. This ordinance establishes that the city has approved the feasibility and finance plan. Authorized certain powers to the TIRZ Board, establishes a severability clase and requires that the TIRZ Board comply with Texas Open Meeting requirements of Chapter 551 of the Texas Government  Code.  FINANCIALIMPACT: Nol Fiscal Impact. RECOMMENDATION: Thei request approval oft the ordinance.  1    CITY OF KINGSVILLE, TEXAS ORDINANCE NO. 2024-  AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF KINGSVILLE, TEXAS, APPROVING A PROJECT AND FINANCING PLAN FOR TAX INCREMENT REINVESTMENT ZONE NUMBER TWO, CITY OF KINGSVILLE, TEXAS, ESTABLISHED PURSUANT TO CHAPTER 311 OF THE TEXAS TAX  CODE  WHEREAS, the City of Kingsville, Texas (the "City"), pursuant to Chapter 311 of the Texas Tax Code, as amended (the "Act"), may designate a geographic area within the City or in the City's extraterritorial jurisdiction or in both as a tax increment reinvestment zone ift the area satisfies the requirements oft the Act; and  WHEREAS, the Act provides that the governing body of a municipality by ordinance may designate a noncontiguous geographic area that isi int the corporate limits of the municipality or in the extraterritorial jurisdiction of the municipality or both to be a reinvestment zone if the governing body determines that development or redevelopment would not occur solely through private investment in the reasonably foreseeable future; and WHEREAS, the City Commission desires toj promote the development ofac certain contiguous geographic area in the City, through the creation of a reinvestment zone as authorized by and in accordance with the Tax Increment Financing Act, codified at Chapter  311 of the Texas Tax Code; and  WHEREAS, on June 24, 2024, the City Commission of the City of Kingsville, Texas, pursuant to Chapter 311 of the Texas Tax Code, approved Ordinance No. 2024-41 designating a contiguous geographic area within the City as a Reinvestment Zone Number  Two, City of] Kingsville, Texas (the "Zone"); and  WHEREAS, as authorized by Section 311.011(e), and 311.008, of the Act, on October 15,2024, thel Board recommended that thel Plan in Exhibit' "A", beapproved by the NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIOHN OF  City Commission:  THE CITY OF KINGSVILLE, TEXAS, THAT:  SECTION1.  RECITALSINCORPORATED.  The facts and recitations contained in the preamble of this Ordinance are hereby  found and declared to be true and correct.  SECTION2.  FINDINGS.  That the City Commission hereby makes the following findings off fact:    i. That the Plan includes all information required by Sections 311.011(b) and (c) ofthe ii. That the Plan is feasible and the project plan conforms to the City's master plan.  Act.  SECTION3.  APPROVAL OF PLAN.  That based on the findings seti forth in Section 2 ofthis Ordinance, the Plan in Exhibit  "A"i is hereby approved.  SECTION4. POWERS OF THE BOARD.  Pursuant to Section 311.010(h) of the Act and Article II, Section 52-a of the Texas Constitution, the City Commission hereby authorizes the Board, as necessary or convenient to implement the Project and- Finance Plan and achieve its purposes, to establish and provide for the administration of one or more programs for the public purposes of developing and diversifying the economy of the Zone, eliminating unemployment and underemployment in the Zone, and developing or expanding transportation, business, and commercial activity in the Zone, including programs to make grants ofland and buildings and make grants from the' TIRZ: Fund: for activities that benefit the Zone and: stimulate business and commercial activity int the Zone. In addition, the City Commission hereby authorizes the Board to exercise all oft the powers oft the City under  Chapter 380, Texas Local Government Code, as amended.  SECTION5.  SEVERABILITY CLAUSE.  Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or  invalid.  SECTION6.  OPEN MEETINGS.  It is hereby found, determined, and declared that sufficient written notice of the date, hour, place and subject oft the meeting of the City Commission at which this Ordinance was adopted was posted at aj place convenient and readily accessible at all times to the general public at the City Hall of the City for the time required by law preceding its meeting, as required by Chapter 551 ofthe Texas Government Code, andt that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon.    The City Commission further ratifies, approves and confirms such written notice and the  contents and posting thereof. SECTION8.  EFFECTIVE DATE.  This Ordinance shall take effecti immediately upon its adoption and publication in  accordance with and as provided by law. INTRODUCED on this the 15h day of October, 2024. PASSED AND APPROVED on this the 28+h day of October, 2024.  Effective Date:  CITY OF KINGSVILLE  Sam Fugate, Mayor ATTEST: Mary Valenzuela City Secretary  APPROVED ASTOFORM:  Courtney Alvarez City Attorney    EXHUBIT A Project and Financing Plan    @  E                                                I  I i MA I I 1i Ij I1 Il 1 m : m I m 1i H 1 I 1i I 1i B B I - Bi I B MN 1 II  II 1 II i I I 1 I HI -3 1I : I  1114! 1 I : II : I 1 14  Ij A4 I 11 IAI INI 1A HAI 1 BI AI MI I II H II I HI IMI 1I 1A 14 1 . 1yi II BBI E = 11 FA.  H IM : m I4 1 II I I" I I 1 I M I 1 INI I II I  I I  m I  M M Ii MI - m MI I! N - I I m4 mMI M 1 m m M B H 1I M  II 1 1 II M II I - II m - 1 : I H  E 1  I 1 141 m 1 B    1 *  #I m 1 "  "3   *1  "I  *1  E "I ll 3 - "I  - "I F E *I  3 I * "  - "   - E    I *I  I "I  "3  *E  "1 3 "I "I "1 11 *I * 3 " - " "  * "  PI  : 1 I I1 M * -  B 1 ET B : -  9 J   I 3 1 B 11  5531 BA I  I E73 I Bs E  IN EA3  BN I  a I 311  Aj3 Ig  3    3  31143 I H145  BII    II de                    AGENDA ITEM #2    3.A.  To: Mayor and City Commissioners CC: Mark McLaughlin, Cityl Manager Kingsville Economic Development Council  From: Manny Salazar, President/CEO, Kingsville Chamber of Commerce. and Greater  Date: October1, 2024  Subject: Authorizing Agreement with Vendor & BadsetAmendmentforcrationafTIRZEs  BACKGROUND:  The City of Kingsville has been a steadfast supporter of local businesses and economic development programs, and understands the challenges that exist when creating a business. On February12, 2024, the City Commission approved an agreement withi the David Petit Firm fort the creation of Tax Increment Reinvestment Zones (TIRZ), with each TIRZ to be separately authorizedat: ac cost of $40,000. TIRZ#2 (located on Santa Gertrudis. Ave.) was authorized at that TIRZ#2 and the proposed creation of TIRZ #3 will create a tool to incentivize developers by providing ai method fori improvinginfastructure and economic development grants. The proposed TIRZ #3 will be located, pending council approval, on undeveloped land along I- 69, south of General Cavazos Blvd. The area which includes substantiall highway frontage is the target for retail and multifamily development. The creation oft the' TIRZ: indicates a community's The projects eligible for inclusion in a TIRZ will be subject to boundaries approved by city commission. The TIRZ board and all decisions of the board will be subject to city commission  time.  desire for growth ini the designated area.  approval.  EINANCIALIMIPACT:  As per the agreement with the David Pettit firm, the cost for TIRZ creation services is $40,000. Funding fort this item is located in Fund 123-Economic Development Program line 1060-31400.  RECOMMENDATION:  The city commission: 1) authorize the services of the David Petit Firm, under a previously approved agreement from 2/12/24, for the creation of TIRZ#3, and 2) approve a budget amendment to allocate funding in the: amount of $40,0001 for the creation ofTIRZ #3 with David  Pettit Economic Development ast the vendor.    FIRZ 3.      TIRZ f  Naidig, Allen Dr.. Eau AC  sarie 4vie  L paipirt  Biohia. Bin  Brahma Bisd,  E  Fuisen Bvi  M Cunitly Roaa 18a  Alice delic Cotiva ICE 3  SataE D.    RESOLUTION #2024- 1a  A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR TIRZ CREATION SERVICES BETWEEN THE CITY OF KINGSVILLE AND DAVID PETTIT ECONOMIC DEVELOPMENT, LLC; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN  EFFECTIVE DATE.  WHEREAS, the City of Kingsville seeks to utilize an economic development tool known as a Tax Increment Reinvestment Zone (TIRZ) to spur development within a specific geographic area and desires to enlist the services of a firm to WHEREAS, a TIRZ is designed to build infrastructure, encourage development and can reduce the costs to private developers for those things by providing for the reimbursement of funds for eligible public improvements using a portion of the incremental increase in ad valorem taxes in the area ofi improvement; WHEREAS, the City solicited informal Requests for Proposal for TIRZ Creation Services to vendors providing that service starting January 3, 2024 and accepted responses until the deadline on January 15, 2024 with one response being WHEREAS, the City reviewed the respondent's qualifications and is recommending the sole respondent, David Pettit Economic Development, LLC, WHEREAS, the City and David Pettit Economic Development, LLC worked to prepare an agreement for TIRZ Creation' Services between the City of Kingsville and David Pettit Economic Development, LLC and the parties both agreed to the terms of the proposed agreement, which is presented for approval by the City NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of  assist with that endeavor;  received;  be selected for the service;  Commission. Kingsville, Texas:  I.  THAT the City Manager is authorized and directed as an act of the City of Kingsville, Texas to enter and execute an Agreement for TIRZ Creation Services between the City of Kingsville and David Pettit Economic Development, LLC in accordance with Exhibit A hereto attached and made a part hereof.  II. 1    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. PASSED AND APPROVED by a majority vote of the City Commission on the  12thday of February  2024.  R. ATTEST:  S  monylalarule Mary' Valenzuela, City Secretary APPROVED ASTOFORM: Coles Courtney Alvarez, City-Attorney  2    DAVID PETTIT Economic Development  January8 8, 2024 Mark McLaughlin City! Manager City of Kingsville P.O. Box: 1458 Kingsville, TX78364  RE: Professional Services Proposal Dear Mr. McLaughlin:  David Pettit Economic Development, LLC("DPED") is pleased top providet this proposali fore economic development professional: services relatingt tot the potential creation ofr multiple Taxl Increment Reinvestment: Zones ("TIRZ")in Iti is our understanding that the Cityi isi interested in potentially creating multiple TIRZ districts with thej purpose Ourv work undert this proposal would bet to provide professional economic development: services. DPED's primary role willl bet to provide professional economic development: services relating to creatingaT TIRZ. Additionally, DPED may provide ongoing professional services related to economic development withint the City ofk Kingsville on an! hourly basis, toi includel but not be limited to, educational workshops for City Council and communtystakeholdes, and assistancer with thei implementation oft the1 TIRZS.  the City of Kingsville, Texas ("City"). Thel Project offacilitating development. The Assignment  The Team  Wep propose workingi in at team organized as follows:  Youwill be ourp point of contact andy willp provide overall direction1 to ourt team. You may alsoi include other members of City staff with which we will meet regularly to review our progress and to get input and. At this time, we do not anticipate the need for any additional consultants to accomplish the work  direction on our work. describedi int this proposal. Statutory Requirements elements, including: Boundary; Term; TIRZI Board; and  Chapter 311 of the Texas Tax Code outlines the various procedures for creating and amending a TIRZ. The designation TIRZ ordinance is approved by the goveming body of the municipality and establishes four key  Preliminary project andf financing plan.  Before adopting an ordinance designating the reinvestment: zone, the governing body oft the municipality must hold a public hearing on the creation of the: zone and publish notice oft thel hearing not later than the seventh  306 West7 7th Street, Suite 602/Fort Worth, Texas 76102  87A9915mmdp.ln    dayl before the public! hearing. Afinal projectandf financing plani is subsequently: approved byt thel TIRZI Board and then by the goveming body of the municipality. Any amendment to an existing TIRZ would follow these same Based on our conversations and our experience on previous projects, we propose thef followings scope ofservices fori the" TIRZ. Our proposed scope of services is dividedi intos separate tasks, each providinga a description oft the  procedures. Scope of Services  workt tol be performed and thel key products resulting from thet task.  Taski  DistrictF Review  Ourf firsts step would bet to collect and analyze availablei information int the proposed TIRZ. This includes available development data; existing planning documents such as the comprehensive plan, land use plan, thoroughfare plan; physicali informationsuch: ase existing: zoninga and land use, existing and planned infrastructure, and topography; and property data such as ownership andt tax values.  Task2  Data Collection and Analysis  Based upon parcel data provided! bythe City, DPEDwould provideag geogfaphicinfomation system (GIS) database of existing values for land and improvements, ownership data, and current land use information. The database: and maps willp provide the! baseline datai fort the: analysis. Keyproducts oft this task wouldi include a TIRZ database and accompanying mapsi in digital and hard copy formats. A multi-year historic taxable value review of similar developments would be conducted to establish conservative assumptions off future taxable valuei for each parcel int the proposed zone. We would also develop projections for future land uses, and timing of proposed developments. This task willl be the basis for developing a spreadsheet model of potential TIRZ increments, given a reasonable range of development: assumptions and taxable values. Key products of this task would include a spreadsheet model on a parcel-by-parce! basis with projections based upon the historical taxable value review,  Task3  Taxable Value Analysis  development projections and reasonable timing expectations.  Task4  Develop' TIRZ Cash Flow Model  Based on1 the anticipated land uses and projections, DPED would develop a draft financing cashi flow model (and supportings spreadsheets): for a 15, 20, and 30-year time period. This model will allow the City, consultants and others to underwrite the proposed developments and test various scenarios for the eventual financing plan. Key products of thist task would include excel spreadsheets of TIRZ Cash Flow! Models with macros established for growth ando development assumptions.  Task5  Prepare TIRZI Project and Financing Plan  DPED would then develop the Finance Plan, Project Plans, and Detailed Description of TIRZ; and other exhibits required forl local government review and approval pert thes state legislative requirements. This work includes the written, graphic, and PowerPoint materials and exhibits, as well as support of the process. Backup materials such as spreadsheets and databases will also be products thats support the plans. Key products would include a preliminary' TIRZI Project and Financing Plan comprised of a legal description of the zone, proposed TIRZ projects, estimated project costs, term of the: zone and a tax  increment analysis. TIRZI Documentation: Support  Task6  DPED will provide assistance with drafting necessary documents for creating the TIRZ including: 1) public hearing notices; 2) resolutions; and 3) ordinances." This can! be at time-consumingr process for City  Page 2of5    staff, however DPED's extensive experience in drafting these documents should help streamline the preparation of materials necessary for City Council consideration. This task would also include assistance in creating and appointingthe: appropriate TIRZI board per the TIRZ creation ordinance. Our feet for services relating tot the: scope ofservices would be a lumps sum fee of $40,000 per TIRZ creation. Each TIRZa assignment would bei initiated by! DPED through separate written authorization by City. Individual written TIRZ: authorization shall be provided via email to dpettredpedic.com. Fees would be charged monthly, Ongoing professional services related to economic development within the City of Kingsville, toi include butr not be limited to, educational workshops for City Council and community stakeholders, and assistance with the implementation: oft the' TIRZS, would bel billed on an hourly basis andv would be charged monthly. Reimbursable expenses not to exceed $2,500 would be charged to include out-of-pocket expenses incurred in Minor additions to our scope will be treated as Additional Services. Work on Additional Services will not begin Additional Services shall be billed on an hourly not to exceed basis unless a fixed fee or other method of  Feet for Services  subject to on-going progress on the work effortr related tot the creation oft the TIRZ.  thei interest oft the project ata actual costs. Changes of Scope and/ Additional Services untila authorized In writing byt the Client. Additional Services and! Ratest for Hourly Services  compensation is mutually: agreed upon. Our current hourly rates are:  Classification David Pettit Project Manager Project Specialist Planning Intem Administrative  Hourly BillingRate $325.00 $250.00 $120.00 $100.00 $80.00  These rates apply for the current calendar year and are subject to revision on January 1, when they may be Itisa anticipated1 thatt thes services covered int the proposal will be completed withint twelve (12) months ofthe date services begin. This Agreement will terminate upont the earlier of completion of services or twelve (12) months from the date oft this Agreement. Additionally, Client mayt terminate this Agreement for any reason upon thirty (30) days written notice to DPED and DPED will cease any and all work upon receipt of such notice, unless otherwise directed in1 the notice. Int the event ofa a termination as described above, Client shall be responsible forthe paymento ofthef fees ande expenses incurred by! DPED pursuant tot this agreement through the date ofsuch We propose to be reimbursed for out-of-pocket expenses incurred int thei interest of the project at DPED actual cost. Reimbursable expenses include: our direct consultants and their expenses (to be reimbursed, all consultants and their bids must be approved in writing, in advance by the client); reproduction; long distance communication; documentp printingandd deliverydocument, graphics and! binding; delivery, postage and! handling; travel time; special materials; photography; etc. (Reasonable backup willl be available upon request.) Payment fors services rendered is due withint thirty (30) days of Client's nextr monthly billingo cycle following receipt of invoice. Int the event any invoices remain unpaid 45 days after thei invoice date, we suspend work until we  revised to reflect changes in staff salaries overt the precedingyear.  Term of Agreement  termination. Reimbursables  Invoices and Payments  Page 3 of5    have been paidi inf full all amounts duet fors services and expenses. Amounts unpaid for more than 30 days after the due date may accrue interest at 10% per annum. Int the event we are forced to commence a collection proceeding, youa agreet to pay reasonable attomey's fees and court costs, ina addition to our fées billed undert this Ift the project is suspended or abandoned, DPED will be compensated for all services billed prior to receipt of written notice by the Client. Services that are not billed or completed between billing periods and receipt of Ifthes scope orschedule oft the project should change beyond that tol be reasonably expected. duet tot the program changes, schedule or other reason, at their option, DPED may re-negotiate the aforementionedi fees and scope ofwork. Any renegotiation of scope orf fee will be in writing and subject tot thes signing of both parties. Guarantees and' Warranties: Wer will: not ber required to execute any document that would resulti ine our certifying, guaranteeing or warranting the existence of conditions whose existence we cannot ascertain. Thank) you again fort this opportunity to work withy you. Your signature below and the retum of one copyt to ust for DPED will provide proof of professional liability insurance (including errors and omissions) with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate and excess/umbrella liability of $1,000,000 peroccurrence: and $2,000,000n int the: aggregate to client. Additionally, DPEDS shall anytietolpuingnsurne (a) Worker'so compensation insurance att thes statutory! limits ande mployerslahlynsurno, with (b) Comprehensive general liability insurance, with minimum limits of $2,000,000.00 each (c) Comprehensive automobile liability insurance, with minimum limits of $1,000,000.00 DPED has previously provided, or concurrently with the execution of this agreement is providing, to Client a certificate ofinsurancel issued to Client evidencingt thef foregoingi insurance coverages and evidencing that Client and Client's lender, fany, are additional insured parties withr respect tot the insurance policies referred toi inthe Anyr notice required or permitted tol be givent toe either partyshalll be deemedi tol be received bys such party( (a) three (3) days after deposit int thel United States Registered or Certified Mail, Return Receipt Requested, or (b) one (1) business daya after deposit witha a nationally recognized ovemight deliveryservice: forr next day delivery, or (c) upon personal delivery tot the party to whom addressed provided that a receipt ofs such delivery is obtained, or (d) on the next business daya after transmission byt telecopy provided thata a confirmation copy is concurrentiy deposited inu United States Certified or Registered Mail, Retum! Receipt Requested, in any case addressed' tot the parties at  proposal. Suspension and Termination  written notice willl be reimbursed atl DPED's standard! hourlyr rates.  Certifications  Authorization tol Proceed Insurance coverages:  our file will confirm your approval and authorize ust to proceed.  minimum limits of .9000.09.31.900000/.54.900900am4  occurrence and $4,000,000.001 in aggregate; and combined. single! limit each occurrence; and  foregoing subparagraphs (b) and (c).  Notices  thef following addresses:  Page 4 of5    Ifto Client: Cityo of Kingsville, Texas P.O. Box: 1458 Kingsville, TX78364 Attention: Mark McLaughlin, City Manager Email: mmEreahoAnERS Iftol DPED: - David Pettit Economic Development, LLC. 306 West Seventh Street, Suite 602 Ft Worth, TX 76102 Attention: David Pettit Email: dpettiredpedlc.com asl herein provided. SUMMARY  ortot the! parties ats suchro othera addresses ort telecopy numbers as they may designate byr noticet tot the other party Ihope this accurately outlines the professional services you anticipated. Ifyoul have any questions or concerns  please do not! hesitate to contact me at 817.439.9421. Thanky you for considering David Pettit Economic Development, LLC.  Sincerely,  fofb  David Pettit Managing Member proceed.  Ifthis agreement meets with youra approval, please sign and return one executed copy to our office as noticet to  AGREDTOANDACEPTED BY:  By:  Date:  yslzy  Page 5of5    ORDINANCE NO. 2024-  AN ORDINANCE AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO APPROPRIATE WHEREAS, it was unforeseen when the budget was adopted that there would be a need for  FUNDING FOR TIRZ #3.  funding for these expenditures this fiscal year.  I.  BE IT ORDAINED by the City Commission oft the City of Kingsville that the Fiscal Year 2024-  2025 budget be amended as follows:  CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#2  Dept Dept Name No. Expenditures 1060 Econ Dev  Account Name  Account Budget Budget Number Increase Decrease  Fund 123 - Economic Development Program  Professional Services  31400  $40,000  [To amend the City of Kingsville FY2 24-25 budget to appropriate funding for TIRZ#3. Funding will come fromi the unappropriated fund balance of Fund 123 Economic Development Program.]  I.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the  extent of such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every. section, paragraph, subdivision, clause, phrase, word or provision hereof be given  full force and effect fori its purpose.  IV. 1    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 15th day of October 2024.  PASSED AND APPROVED on this the 28th day of October 2024.  EFFECTIVE DATE:  Sam R. Fugate, Mayor ATTEST:  Mary' Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  2    AGENDA ITEM #3    City of Kingsville Public Works  TO: CC: FROM: DATE: SUBJECT: Summary:  Mayor and City Commissioners Mark McLaughlin, Cityl Manager William Donnell, Director of Public Works  September 27, 2024  Budget Amendment of Unappropriated Budget Reserve Fund 001 & 051  This item authorizes appropriation of the Unappropriated Budget Reserve General and Utility funds generated from the vehicle and equipment auction held January 2024 for service drive  improvements at the Public Works Service Center.  Background:  In January 2024, the City sold vehicles and equipment via an online auction generating $74,060.00 in the General Fund and $74,060.00 in the Utility Fund. These funds were requested to be used fori improvements to the driveway inside the Public Works service area around the fuel pumps andi the garage bays. These repairs will provide a safe working surface area and help minimize dirt and dust blowing from vehicles traveling through the service areas.  Financial Impact:  This will reduce unappropriated General Fund 001 Budget Amendment Reserve balance by $74,060.00 and unappropriated Utility Fund 051 Budget Amendment Reserve balance by $74,060.00 and increase the Grounds & Permanent Fixtures line account 001-5-1805-59100 by  $148,120.00. Recommendation: Works Service Center.  Staff is requesting approval of funds to make needed repairs to the service drive at the Public    ORDINANCE NO. 2024-  AN ORDINANCE AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO APPROPRIATE FUNDING FOR THE PUBLIC WORKS CONCRETE PARKING LOT PROJECT. WHEREAS, it was unforeseen when the budget was adopted that there would be a need for  funding for these expenditures this fiscal year.  I.  BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2024-  2025 budget be amended as follows:  CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#1  Dept Dept Name No. Fund 001 Genèral Fund Revenues 0000 Non-Dept Expenditures  Account Name  Account Budget Budget Number Increase Decrease  -  Transfer from 051  75010 59100  $74,060 $148,120  3000 PW Admin Grounds and Perm Fix 1030 City Special Budget Amend Reserve 86000  $74,060  Fund 051- Utility Fund Expenditures 6900 Transfer  Transfer to Fund 001  80001  $74,060  6001 Water Const. Budget Amend Reserve 86000  $74,060  [To amend the City of Kingsville FY 24-25 budget to appropriate funding for the Public Works Concrete Parking Lot Project. Funding will come from the General Fund Budget Amendment  Reserve line item in General Fund 001 and Utility Fund 051.]  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the  extent of such conflict only.  III. 1    THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given  full force and effect for its purpose.  IV.  THATt this Ordinance shall not be codified but shall become effective on and after adoption and  publication as required by law.  INTRODUCED on this the 15th day of October 2024.  PASSED AND APPROVED on this the 28th day of October 2024.  EFFECTIVE DATE:  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TOF FORM:  Courtney Alvarez, City Attorney  2    AGENDA ITEM #4    Electrico  Planning and Development Services 410 W: King Kingsville, TX78363 PH: 361-595-8055  N  MEMO  Date: To: From: Subject:  September 27h, 2024 Mark McLaughlin (City Manager)  Erik Spitzer (Director of Planning and Development Services)  The City. of Kingsville. Planning and Development Services Department and the City ofl Kingsville Firel Departmenti is seeking approval from the City Commissioners and Mayor to adopt the 2024 edition of thel International Code Council (ICC) Family of Codes for the City ofKingsville  Summary: The City of] Kingsville is currently enforcing the following International Code Council ordinances as they pertain to thel International Code Council (ICC) Family of Codes. Background: Currently, the. City ofKingsville enforces the following codes:  Family Codes City Kingsville  below. City ordinances are affected by adopted editions; codes are edited by the ICC every 3 years; (ICC) however, a of does not. have to adopt every new edition. Attached on page 2 are. recommended changes to the current ofl city  72017 National Electrical Code 2018: International Building Code 2018 Plumbing Code 2018. Mechanical Code 2018 Energy Conservation Code 2018 Existing Building 2018 Property Maintenance Code  2018 International Fire Code /National Fire Protection Association (NFPA)101  Recommendation: Staff reçommends approving the adoption of the 2024 edition of the International Code Council  Family of Codes fort the City of] Kingsville  Erik Spitzer"  Director of] Planning and! Development Services    ORDINANCE NO.2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV-LAND USAGE, ARTICLE 1-BUILDING REGULATIONS, SECTION 15-1-56, ADOPTING THE 2024 EDITION OF THE NATIONAL ELECTRIC CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING  FOR AN EFFECTIVE DATE AND PUBLICATION.  WHEREAS, the City is updating its building codes and desires to adopt the 2024 WHEREAS, staff will have a copy oft the 2024 version of the National Electric WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE  version of the National Electric Code to enhance public safety;  Code by the effective date of this ordinance; welfare oft the City of Kingsville. CITY OF KINGSVILLE, TEXAS:  I.  THAT Section 15-1-56 of Article :: Building Regulations of Chapter XV, Land Usage, of the Code of Ordinances of the City of Kingsville, Texas, shall be  amended to read as follows: $15-1-56 DEFINITIONS.  For the purpose of this subarticle, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words not defined int this section shall have the meaning given to them in the 2017 2024 Edition of APPROVED or APPROVAL. Approved by the Planning Department. Nationally recognized standards shall be the basis of such approval. AUTHORIZED PERSON. An individual or authorized representative of a firm or corporation who is licensed under the provisions of this subarticle to do the CITY. The territory within the corporate limits oft the City of Kingsville, Texas. CONDUCTOR. A wire or cable or other form of metal suitable for carrying  NFPA70, National Electric Code.  work provided by this subarticle.  electrical current or potential.  1    ELECTRICAL CONSTRUCTION. All work and material used in installing, maintaining and extending a system of electrical wiring and all appurtenances, apparatus and equipment used in connection therewith, inside of or attached to ELECTRICAL CONTRACTOR. Any person engaged in the business of installing, maintaining or altering, by contract, electrical conductors or equipment, and who is qualified under terms and provisions of this subarticle. ELECTRICIAN. A person engaged in the business of electrical construction, maintenance and repair, and who is qualified under the provisions of this EQUIPMENT. Materials, fittings, motors and the like, used as a part of or in INSPECTOR. An individual who has been designated by the city as an MAINTENANCE WORK. The act of keeping in safe operating condition any conductor or piece of equipment in any and all existing electrical installations, but does not include the installation of additional electrical work, electrical equipment OWNER. Any person holding legal title to any real property within the city. SPECIAL RULING. A written ruling or decision passed by the Board and  any building or structure.  subarticle.  connection with electrical installations.  Electrical Inspector.  or apparatus.  filed in the office oft the Electrical Inspector.  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed to the extent of such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be  given full force and effect for its purpose.  IV.  THAT this Ordinance shall be codified and become effective on and after  2    adoption and publication as required by law.  V.  THAT nothing in this ordinance or in the National Electric 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 of 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 day on the 15th day of October, 2024. PASSED AND APPROVED on this the 28th day of October, 2024.  Effective Date:  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney  3    AGENDA ITEM #5    Bullding  Planning: and Development Services 410 W: King Kingsville, TX78363 PH: 361-595-8055  Me  MIEMO  Date: To: From: Subject:  September 27h, 2024 Mark McLaughlin (City Manager)  Erik Spitzer (Director ofPlanning and Development Services)  The City. of Kingsville: Planning and Development Services Department and the City of Kingsville Fire Departmenti is seeking approval from the City Commissioners and Mayor to adopt the 2024 edition of the International- Code Council (ICC) Family of Codes for the CityofK Kingsville  Summary: The City ofI Kingsville is currently enforcing the following International Code Council (ICC) Family of Codes below. City ordinances are affected by adopted editions; codes are edited by the ICC every 3 years; however, a city does not. have to adopt every new edition. Attached on page 2 are recommended changes to the current City of] Kingsville  ordinances as they pertain to the International Code Council (ICC). Family ofCodes. Background: Currently, the. City of Kingsville enforces the: following codes:  2017 National Electrical Code 2018: International Building Code 20181 Plumbing Çode 20181 Mechanical Code 20181 Energy Conservation Code 20181 Existing Building 2018 Property Maintenance Code  2018 International Fire Code/National. Fire Protection: Association (NFPA) 101  Recommendation: Staff recommends approving the adoption of the 2024 edition of the International Code Council  Family of Codes: for the City of Kingsville  Erik Spitzer  Director ofPlanning and] Development Services  1    ORDINANCE NO.2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV, ARTICLE 1-BUILDING REGULATIONS, SECTION 15-1-2, ADOPTING THE 2024 INTERNATIONAL BUILDING CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN WHEREAS, the City is updating its building codes and desires to adopt the 2024 versions of the International Building Codes to enhance. public safety; WHEREAS, staff will have a copy of the 2024 version of the International 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.  Building Code by the effective date of this ordinance;  welfare oft the City of Kingsville. CITY OF KINGSVILLE, TEXAS:  THAT Section 15-1-2 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:  $ 15-1-2 ADOPTION BY REFERENCE.  The purpose of this subarticle is to provide minimum standards, provisions and requirements for reasonably safe construction, alteration and modification of buildings within the city. All such construction, alteration and modification of buildings within the corporate limits of the city shall conform tot the requirements oft this subarticle and to the specifications, rules and regulations entitled International Building Code 2018 2024 Edition, epevedandadepdiyaSawnBuidingGeseCenges created by the International Code Council (ICC) with all appendices thereto. Such edition is incorporated herein by reference and made a part of this subarticle as if fully set forth herein. When such edition conflicts with local regulations and ordinances, all locally adopted regulations and ordinances shall prevail. The International Building Code, 2018 2024 Edition, shall apply tot the construction, alteration, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure orany appurtenances connected or attached to such buildings or structures.  II.  1    THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed to the extent of such conflict only.  III.  THAT ift 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 ofi this ordinance, fori 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 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 15th day of October, 2024.  PASSED AND APPROVED on this the 28th day of October, 2024.  Effective Date:  Sam R. Fugate, Mayor ATTEST:  Mary' Valenzuela, City Secretary APPROVED AST TO FORM:  Courtney Alvarez, City Attorney  2    AGENDA ITEM #6    Plwmbing  Planning and Development Services 410 WI King Kingsville, TX78363 PH:3 361-595-8055  NREe  MEMO  Date: To: From: Subject:  September 27h, 2024 Mark McLaughlin (City Manager)  Erik Spitzer (Director ofPlanning and Development Services)  The City. of] Kingsville. Planning and Development Services Department and the City of] Kingsville Firel Departmenti is seeking approval from the City Commissioners and Mayor to adopt the 2024 edition oft the] International Code Council (ICC) Family of Codes for the City ofKingsville  Summary: The City ofl Kingsvillé is currently enforcing the following International Code Council (ICC): Family of Codes below. City ordinances are affected by adopted editions; codes are edited by the ICC every 3 years; however, a city does not. have to adopt every. new edition. Attached on page 2 are recommended changes to the current City of Kingsville  ordinances as they pertain to the International Code Council (ICC) Family ofCodes. Background: Currently, the City ofl Kingsville enforces the following codes:  20171 National Electrical Code: 20181 International Building Code 2018 Plumbing Code 2018] Mechanical Code 20181 Energy Conservation Code 2018 Existing Building" 20181 Property Maintenance Code  20181 International Fire Code /National Fire Protection Association (NFPA) 101  Recommendation: Staff recomménds approving the adoption of the 2024 edition of the International Code Council  Family of Codes fort the City ofKingsville  Erik Spitzer  Director ofPlanning and Development Services  1    ORDINANCE NO.2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV, ARTICLE 1-BUILDING REGULATIONS, SECTIONS 21 & 22, ADOPTING THE 2024 EDITION OF THE INTERNATIONAL PLUMBING CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEREAS, in January 2020, the City Commission adopted the 2018 version of sevéral of the International Building Codes and now desires to update them WHEREAS, staff recommends and the Commission desires to adopt the 2024 version of the International Plumbing Code, as published by the International WHEREAS, staff will have a copy of the 2024 version of this code by the WHEREAS, the Texas State Plumbing Board Examiners adopted Section 1301.551 of the state "Plumbing License Law," thereby not permitting the 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.  again;  Code Council;  effective date oft this ordinance;  municipality to require a registration fee or administrative fee.  welfare oft the City of Kingsville. CITY OF KINGSVILLE, TEXAS:  .  THAT Section 15-1-21 and 15-1-22 of Article 1: Building Regulations of Chapter XV, Land Usage, of the Code of Ordinances of the City of Kingsville, Texas, shall  be amended to read as follows: $15-1-21 ADOPTION BY REFERENCE.  The purpose of this subarticle is to provide minimum standards, provisions and requirements for safe construction, alteration and modification of plumbing within the city. All piping and fixtures for the delivery of water or disposal of wastewater shall be installed, replaced, maintained and repaired in conformance with the requirements of this subarticle and to the specifications, rules and regulations entitled International Plumbing Code, 2018 2024 Edition, in its entirety with all appendices thereto. Such edition is hereby incorporated herein by reference and made a part of this subarticle as if fully set forth herein. When such edition conflicts with local regulations and ordinances, all locally adopted regulations and ordinances shall prevail. The International Plumbing Code, 2018  1    2024 Edition, shall apply to installation, replacement, maintenance, and repair of all nonutility piping and fixtures for the delivery of water or the disposal of wastewater within the city or that is connected to the city water or wastewater  systems.  $15-1-22 ADDITIONS AND AMENDMENTS TO INTERNATIONAL PLUMBING The International Plumbing Code is hereby modified and changed in the (A) Section 106.1 of the International Plumbing Code shall be amended to $106.1 Contractor License: It shall be the duty of every contractor who shall make contracts for the installation or repair of gas, water and wastewater systems which are not owned by a public franchised utility for which a permit is required, and every contractor making such contracts and subletting same, or any part thereof, to register with the City Building Department and have a copy of the same on file with the Building Department, giving full name, residence and place of business, phone number, and appropriate state registration. Upon submission of the required information, the Building Department shall issue a license to perform plumbing work. In case of removal from one place to another the license holder shall cause to have made corresponding change in the file accordingly. Nothing contained herein shall be construed as prohibiting any individual from installing or repairing his own fixtures or installing, extending, replacing, altering, or repairing plumbing fixtures and piping in their own residence; provided, however, that all such work must be in conformity with all other provisions of this Chapter, including those relating to permits, (B) Section 109.1 of the International Plumbing Code shall be amended to read  CODE.  following particulars: read as follows:  inspections, and fees.  as follows:  S 109.1 Supervising Board of Plumbers:  (a) Supervising Board of Plumbers Created. There is hereby created the Supervising Board of Plumbers consisting of seven (7) persons. The Board shall include three (3) appointive members and four (4) ex officio members. The appointive members of the Board shall be appointed by the City Commission. The ex officio members shall be the City Manager, the City Engineer, the Health Officer or his agent, and the Plumbing Inspector. The Supervising Board of Plumbers shall function in lieu of the Board of Appeals  2    described by Section 109 of the International Plumbing Code, 2018 2024 (b) Qualifications of Appointive Members. Persons who serve on the Supervising Board of Plumbers shall be qualified as follows: One (1) appointive member shall be a journeyman plumber, one (1) appointive member of the Board shall be a master plumber or plumbing contractor, and one (1) appointive member shall be a person knowledgeable of plumbing such as an engineer, retired contractor, vocational instructor, appliance or (c) Tenure of Office. The appointive members of the Supervising Board of Plumbers shall hold office from the date of their appointment and qualification until their successors have been appointed and qualified. The appointment or reappointment of members of the Board shall be such that the first member shall be appointed on or about January 1 of odd numbered years for a term of two (2) years, and the other two (2) members shall be appointed on or about January 1, of even numbered years for a term of two (2) years. Any member of the Board may. be removed by the City Commission at any time for cause. Vacancies shall be filled by appointment (d) Compensation. The members of the Supervising Board of Plumbers (e) Organization of the Supervisory Board. The Board shall select their own chairman and adopt such rules and procedures as they may deem () Powers and Duties. The Board shall hear any appeals for variance or relief from grievances as may be filed which are governed by the International Plumbing Code or this Chapter. The Board shall also act as agent to assure compliance with the State Statutes involving plumbing and the regulations of the Texas State Board of Plumbing Examiners. The Board may also act in matters involving plumbing which may affect the public (g) Quorum. Four (4) members of the Board present at any properly posted meeting shall constitute a quorum for the transaction of business. No vote shall be deemed official without the concurring vote of at least three (3) (h) Records. The Board shall keep a minute book in which shall be  Edition.  hardware dealer, or a journeyman or master plumber.  fori the unexpired term.  shall receive no compensation for their services.  appropriate and necessary.  health.  Board members.  recorded alli transactions and business of the Board.  3    (C) Section 106.6.1 of the International Plumbing Code shall be amended to read Its shall be unlawful for any persons to commence any plumbing work before obtaining the necessary permit, or otherwise fail to comply with any provision of the International Plumbing Code, 2018 2024 Edition, or any provision of this  as follows:  subarticle.  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed to the extent of such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and  effect for its purpose.  IV.  THAT this Ordinance shall be codified and become effective on and. after  adoption and publication as required by law.  V.  THAT nothing in this ordinance or in the Existing Building 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 of 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 15th day of October, 2024.  PASSED AND APPROVED on this the 28th day of October, 2024.  Effective Date:  4    Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney  5    AGENDA ITEM #7    (echanical  Planning and Development Services 410 W King Kingsville, TX7 78363 PH: 361-595-8055  Ke  MEMO  Date: To: From: Subject:  September 27h, 2024 Mark] McLaughlin (City Manager)  Erik Spitzer (Director ofPlanning and Development Servicés)  The City. of] Kingsville Planning and Development Services Department and the City of] Kingsville Fire] Departmenti is seeking approval from the City Commissioners and Mayor to adopt the 2024 edition of thel International Code Council (ICC) Family of Codes for the Citye of Kingsville  Summary: The City ofKingsville is currently enforcing the: following International Code Council (ICC) Family of Codes below. City ordinances are affected by adopted editions; codes. are edited by the ICC every 3 years; however, a city does not have to adopt every new edition. Attached on page 2 are, recommended changes to the current City of Kingsville  ordinances as they pertain to the International Code Council (ICC) Family ofCodes. Background: Currently, the City of Kingsville enforces the: following codes:  2017National Electrical Code: 20181 International Building Code 20181 Plumbing Code 2018 Mechanical Code 2018 Energy Conservation Code 2018 Existing Building 2018 Property Maintenance Code  2018: International Fire Code/National. Fire Protection Association (NFPA)101  Recommendation: Staff reçommends approving the adoption of the 2024 edition of the International Code Council  Family of Codes fort the City of Kingsville  Erik Spitzer  Director ofPlanning and: Development Services    ORDINANCE NO. 2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV, ARTICLE 1-BUILDING REGULATIONS, SECTIONS 135 & 136, ADOPTING THE 2024 EDITION OF THE INTERNATIONAL MECHANICAL CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION.  WHEREAS, in January 2020 the City Commission adopted the 2018 version of the several International Building Codes and now desires to update them again; WHEREAS, staff recommends and the Commission desires to adopt the 2024 version of the International Mechanical Code, as published by the International WHEREAS, staff will have a copy of the 2024 version of this code by the WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE  Code Council;  effective date of this ordinance; welfare of the City of Kingsville. CITY OF KINGSVILLE, TEXAS:  I.  THAT Section 15-1-135 and 15-1-136 of Article 1: Building Regulations of Chapter XV, Land Usage, of the Code of Ordinances of the City of Kingsville,  Texas, shall be amended to read as follows:  $15-1-135 ADOPTION.  The International Mechanical Code, 2018 2024 Edition, as approved by the International Code Council, is hereby adopted in its entirety except as herein  amended and all conflicting ordinances are hereby repealed. $15-1-136 LICENSES AND PERMITS REQUIRED.  (C) Fees listed in Appendix B of the International Mechanical Code, 2018 2024 Edition, are hereby adopted. Ifany person starts work on without a permit, the permit fee shall be equal to the cost of the permit times the number of incidents the person has not obtained a permit prior to commencing work.  1    (1) Permit fees for remodeling, repair (as noted in Section 106.1 of the International Mechanical Code), or alterations to existing buildings costing in excess of $500 shall be charged a permit fee as listed in Appendix B of the International Mechanical Code, 2018 2024 Edition. Permit fees will be charged on a flat fee basis. A project with one inspection or more, if necessary, will be charged a flat fee of $100.00. Duplexes, apartments, hotels, and motels shall be charged an additional fee of $10.00 per unit. When the work performed does not meet code requirements and a reinspection is required, a reinspection fee of $25.00 will be charged for each reinspection. Fees listed in Appendix B oft the International Mechanical Code, 2018 2024 Edition, are hereby adopted and incorporated herein.  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed to the extent of such conflict only.  III.  THAT ift 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.  V.  THAT nothing in this ordinance or in the Mechanical 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 of 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 15th day of October, 2024.  PASSED AND APPROVED on this the 28th day of October, 2024.  Effective Date:  2    Sam R. Fugate, Mayor ATTEST:  Mary Valezuela, City Secretary APPROVED AS TOFORM:  Courtney Alvarez, City Attorney  3    AGENDA ITEM #8    Energy Conservation  Planning and Development Services 410 WI King Kingsville, TX78363 PH: 361-595-8055  CITY Kigyle  MIEMO  Date: To: From: Subject:  Septembér 27h, 2024 Mark McLaughlin (City Manager)  Erik Spitzer (Director of] Planning and Development Services)  The City. of] Kingsville Planning and Development Services Department and the City of] Kingsville Firel Department is seeking approval from the City Commissioners. and Mayor to adopt the 2024 edition oft thel International Code Council (ICC) Family of Codes fort the City of] Kingsville  Summary: The City of Kingsville is currently enforcing the following International Code Council (ICC) Family of Codes below. City ordinances are affected by adopted editions; codes are edited by the ICC every 3 years; however, a city does not. have to adopt every new edition. Attached on page 2 are recommended changes to the current City of Kingsville  ordinances as they pertain to thel International Code Council (ICC) Family ofCodes. Background: Currently, the City ofl Kingsville enforces the following codes:  2017National Electrical Code 2018] International Building Code 2018. Plumbing Code 2018 Mechanical Code 2018 Energy Conservation Code 2018. Existing) Building 2018 Property. Maintenance Code  20181 International Fire Code /National Firel Protection Association (NFPA) 101  Recommendation: Staff reçommends approving the adoption of the 2024 edition of the International Çode Council  Family of Codes: for the City of Kingsville  Erik Spitzer  Director of Planning and Development Services  1    ORDINANCE NO. 2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV, ARTICLE 1-BUILDING REGULATIONS, SECTIONS 402 & 403, ADOPTING THE 2024 EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE AND  PUBLICATION.  WHEREAS, in January 2020 the City Commission adopted the 2018 edition of several International Building Codes and now desires to update them again; WHEREAS, staff recommends and the Commission desires to adopt the 2024 edition of the International Energy Conservation Code, as published by the WHEREAS, staff will have a copy of the 2024 version of this code by the WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE  International Code Council; effective date of this ordinance; welfare of the City of Kingsville. CITY OF KINGSVILLE, TEXAS:  .  THAT Section 15-1-402 and 15-1-403 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: $15-1-402 ADOPTION BY REFERENCE.  The purpose of this subarticle is to provide minimum standards, provisions and requirements for safe construction, alteration and modification of Residential and Commercial Buildings within the city. All such construction, alteration and modification of Residential and Commercial Buildings within the corporate limits of the city shall conform to the requirements of this subarticle and to the specifications, rules and regulations entitled International Energy Conservation Code, 2024 2018 Edition, approved and adopted by the International Code Council with all appendices thereto. Such edition is incorporated herein by reference and made a part of this subarticle as if fully set forth herein. When such edition conflicts with local regulations and ordinances, all locally adopted regulations and ordinances shall prevail. The International Energy Conservation Code, 2024 2018 Edition, shall apply to the construction, alteration, repair,    equipment, use and occupancy, location, maintenance, removal and demolition ofevery Residential and Commercial Buildings or structure or any appurtenances connected or attached to such Residential and Commercial Buildings or  structures.  $15-1-403 ADDITIONS AND AMENDMENTS TO INTERNATIONAL ENERGY The International Energy Conservation Code, 2024 2018 Edition; is hereby (A) The International Energy Conservation Code, 2024 2018 Edition, is hereby amended to add a section entitled "Contractors License Required" which Itshall be the duty of every contractor or builder, who shall make contracts for the erection, repair or modification of buildings and structures and every builder or contractor subletting the same or any part thereof, to pay a license fee of ninety dollars ($90.00) annually with the exception of plumbing and electrical contractors and have a copy of the same on file with the Building. Department, giving full name, residence and place of business, and in case of removal from one place to another to have made corresponding change in the file accordingly. Any person convicted in Municipal Court of a violation of this code may have his license revoked for a period not to exceed two years. Such person shall be notified by certified mail addressed to his place of business, as filed, of the proposed revocation and be given an opportunity at a hearing before the governing body to present such facts and circumstances (B) Chapter 1,5 101.3 (Compliance) shall be amended by the following: Energy Conservation Systems shall be permitted in accordance with the International Building Code, 2024 2018 Edition and shall be based upon the  CONSERVATION CODE.  modified and changed in thet following particulars:  reads:  that are relevant tot the case.  valuation oft the improvements.  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  2    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.  V.  THAT nothing in this ordinance or in the Energy Conservation 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 of 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 15th day of October, 2024.  PASSED AND APPROVED on this the 28th day of October, 2024.  Effective Date:  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney  3    AGENDA ITEM #9    Existing Bullding  Planning and Development Services 410 W: King Kingsvile,TX78363 PH:361-595-8055  N  MEMO  Date: To: From: Subject:  September 27h, 2024 Mark McLaughlin (City Manager)  Erik Spitzer (Director ofP Planning and Development Servicès)  The City. ofl Kingsville. Planning and Development Services Department and the City of Kingsville Firel Departmenti is seeking approval from the City Commissioners and Mayor to adopt the 2024 edition of thel International Code Council (ICC) Family of Codes fort the City ofKingsville  Summary: The City of] Kingsvillé is currently enforcing the following International Code Council (ICC) Family of Codes below. City ordinances are affected by adopted editions; codes are edited by the ICC every 3 years; however, a city does not. have to adopt every new edition. Attached on page 2 are recommended changes to the current City of  ordinances  Kingsville  as they pertain tot thel International Code Council (ICC) Family of Codes.  Background: Currently, the. City of] Kingsville enforces the following codes:  20171 National Electrical Code 20181 International Building Code 20181 Plumbing Code 2018. Mechanical. Code 20181 Energy Conservation Code 2018 Existing Building 2018 Property Maintenance Code  2018 International: Fire Code /National: Fire Protection Association (NFPA) 101  Recommendation: Staff recommends approving the adoption of the 2024 edition of the International Code Council  Family of Codes for the City ofKingsville  Erik Spitzer  Director of] Planning and] Development Services  1    ORDINANCE NO.2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER XV, ARTICLE 1-BUILDING REGULATIONS, SECTION 502, ADOPTING THE 2024 EDITION OF THE INTERNATIONAL EXISTING BUILDING CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE WHEREAS, in 2019, the City adopted the 2018 International Existing Building Code; WHEREAS, the City is updating other building codes and desires to adopt the 2024 version of the International Existing Building Code, as published by the International WHEREAS, the International Existing Building Code is adopted for regulating and governing the repair, alteration, change in occupancy, addition and relocation of existing WHEREAS, staff will have a copy of the 2024 version of this code prior to the effective WHEREAS, this Ordinance is necessary to protect the public safety, health, and welfare NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF  DATE. AND PUBLICATION.  Code Council;  buildings, including historic buildings, in the City of Kingsville, Texas;  date oft this ordinance; of the City of Kingsville. KINGSVILLE, TEXAS:  I.  THAT Section 15-1-502 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:  $15-1-502 ADOPTION BY REFERENCE.  The purpose of this subarticle is for regulating and governing the repair, alteration, change in occupancy, addition and relocation of existing buildings, including historic buildings, in the City of Kingsville, Texas. All such repair, alteration, change in occupancy, addition and relocation of existing buildings, including historic buildings within the corporate limits of the city shall conform to the requirements of this subarticle and to the speciications, rules and regulations entitled International Existing Building Code 2024 2018 Edition, approved and adopted by the International Code Council with all appendices thereto. Such edition is incorporated herein by reference and made a part of this subarticle as if fully set forth herein. When such edition conflicts with local regulations and ordinances, all locally adopted regulations and ordinances shall prevail. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed  II.  to the extent of such conflict only.  1    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 a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for iti 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 THAT nothing in this ordinance or in the Existing Building 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 of action acquired or existing, under any act or ordinance hereby repealed as cited in this ordinance; nor shall any. just or legal right orr remedy of any character be lost, impaired or affected by this ordinance. INTRODUCED on this the 15h day of October, 2024. PASSED AND APPROVED on this the 28th day of October, 2024.  publication as required by law.  V.  Effective Date: Sam R. Fugate, Mayor ATTEST:  20_  Mary Valenzuela, City Secretary APPROVED ASTO FORM: Courtney Alvarez, City Attorney  2    AGENDA ITEM #10    Progary Paintenae  Planning and] Development Services 410 WI King TX78363 Kingsville, PH:361-595-8055  Cy Kiyle  MEMO  Date: To: From: Subject:  September 274, 2024 Mark McLaughlin (City Manager)  Erik Spitzer (Director ofPlanning and Development Services)  The City of] Kingsville. Planning and Development Services Department and the City of Kingsville Firel Departmenti is seeking approval from the City Commissioners and Mayor to adopt the 2024 edition of the International- Code Council (ICC) Family of Codes for the City of] Kingsville  Summary: The City of] Kingsvillé is currently enforcing the following iInternational Code Council (ICC) Family of Codes below. City ordinances are affected by adopted editions; codes are edited by the ICC every 3 years; however, a city does not. have to adopt every new edition. Attached on page 2 are recommended changes to the current City of Kingsville  ordinances as they pertain toi thel International Code Council (ICC) Family of Codes. Background: Currently, the City ofK Kingsville enforces the following codes:  2017National: Electrical Code: 2018: International Building Code 2018 Plumbing Code 2018] Mechanical Code 20181 Energy Conservation Code 20181 Existing Building --2018) Property Maintenance Code Family of Codes for the City ofK Kingsville  2018) International Fire Code/ /National Fire Protection Association (NFPA) 101  Recommendation: Staff recommends approving. the adoption of the 2024 edition of the International Code Council  Erik Spitzer  Director ofl Planning and Development Services  1    ORDINANCE NO. 2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER IX- GENERAL REGULATIONS, ARTICLE 7-1 NUISANCES, SECTIONS 1&2, ADOPTING THE 2024 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR WHEREAS, in January 2020 the City Commission approved the adoption of the 2018 edition of the International Property Maintenance Code, and staff now believes the adoption of the 2024 edition of the International Property Maintenance Code is needed; WHEREAS, staff recommends adopting the 2024 edition of the International Property Maintenance Code, as published by the International Code Council, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the City of Kingsville; providing fori the issuance of permits and collection of WHEREAS, the code is founded on principles intended to establish provision consistent with the scope of a property maintenance code that adequately protects public health, safety and welfare; provisions that do not unnecessarily increase construction costs; provision that do not restrict the use of new materials, products or methods of construction; and provision that do not give preferential treatment to particular types or WHEREAS, staff will have a copy of the 2024 edition of the International Property WHEREAS, this Ordinance is necessary to protect the public safety, health, and welfare NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY  AN EFFECTIVE DATE. AND PUBLICATION.  fees therefor;  classes of materials, products or methods of construction; Maintenance Code by the effective date of this ordinance;  of the City of Kingsville. OF KINGSVILLE, TEXAS:  I.  THAT Sections 9-7-1 and 9-7-2 of Article 7 Nuisances of Chapter IX, General Regulations of the Code of Ordinances of the City of Kingsville, Texas, shall be  amended and shall read as follows: ARTICLE7.-NUISANCESeI  Footnotes: - (8)---  1    Editor's note- Ord. No. 2014-08, S 1,a adopted March 10, 2014, amended article 7i ini its entirety to read as herein set out. Former article 7, SS 9-7-1--9-7-4, pertained to similar subject matter. See Code $9-7-1ADOPTION BY REFERENCE: INTERNATIONAL PROPERTY  Comparative Table for complete derivation. MAINTENANCE CODE.  (A) A certain document being marked and designated as the International Property Maintenance Code (IPMC), 2018 2024 Edition, including all future amendments of or revisions to such code, as published by the International Code Council (ICC), be and is hereby adopted as the Property Maintenance Code of the City of Kingsville in the State of Texas for regulating and governing the conditions and maintenance of a. By providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and b. The condemnation of buildings and structures unfit for human occupancy and use and the demolition of such existing structures as herein provided; and C. Providing for the issuance of permits and collection of feès; and d. Each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the offices of the Code Compliance Division and the Building Services Division of the City of Kingsville are hereby referred to, adopted, and made a part hereof, as if fully set out in this Section, with the additions, insertions, deletions and changes, if any, which shall be (B) Two (2) copies of the IPMC adopted in this shall be available for viewing. One of which will be located in the office of the Code Compliance Division and one within (C) This Section shall not be interpreted to relieve from responsibility or to lessen the responsibility of any person owning, controlling, or occupying any structure. Nor shall the City be held as assuming liability or duty of any nature by reason of inspection authority issued by the City to City Code Enforcement Officers or (D) Enforcement. The Code hereby adopted shall be enforced by the Code Enforcement Officer or the Building Official, who may delegate such enforcement authority to such assistants and subordinates as the needs of the City may require.  all property, buildings and structures:  fit for occupation and use; and  documented ini this article.  the office of the Building Services Division.  Building Officials or Inspectors for maintenance oft the property.  (Ord. 2014-08, $1,3-10-14)  2    $9-7-2 ADDITIONS AND AMENDMENTS TO INTERNATIONAL PROPERTY The International Property Maintenance Code is hereby modified and (A) Section 101.1 of the International Property Maintenance Code shall be $101.1 Title. These regulations shall be known as the International Property Maintenance Code oft the City of Kingsville, hereinafter referred (B) Section 103.5 entitled "Fees" of the International Property Maintenance $103.5 Fees. The fees for activities and services performed by the department in carrying outi its responsibilities under this code shall be as directed in Sections 9-7-5 and 9-7-6 of this Article. (C) Section 106 entitled "Violations." This section of the International Property Maintenance Code is hereby substituted to read the same as $9-7-5 of this Article and shall read the same in all other references to Section 106 Violations in the International Property Maintenance Code, (D) Section 107 entitled "Notices and Orders." This section of the International Property Maintenance Code is hereby substituted to read the same as $9-7-5 of this Article and shall read the same in all other reterences to Section 107 "Notices and Orders" in the International Property Maintenance Code, 2018 2024 Edition, unless otherwise noted (E) Section 108.3 entitled "Notice" of the International Property Maintenance Code shall be amended to read as follows: $108.3 Notice. Whenever the code official has condemned a structure or equipment under the provision of this section and/or $15-1-165 through $15-1-167, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or person or persons responsible for the structure on equipment in accordance with $15-1-167(B) and $15-1-168. If the notice pertains to equipment it shall also be placed on the condemned equipment. The notice shall be ini the (F) Section 110 entitled Demolition." This section of the International Property Maintenance Code is hereby substituted to read the same as $15-1-167 through $15-1-176 of Chapter. 15 "Land Usage", Article 1 "Building Regulations" and shall read the same in all other references to Section 110 "Demolition" in the International Property Maintenance  MAINTENANCE CODE.  changed in the following particulars:  amended to read as follows: to as "this code."  Code shall be amended to read as follows:  2018 Edition.  inthis subsection.  form prescribed in $15-1-167(B).  Code, 2018 2024 Edition.  3    (G) Section 111 entitled "Means of Appeal." This section of the International Property Maintenance Code, is hereby amended to read "City Commission" and shall read the same in all other references to such Board in the International Property Maintenance Code, 2018 2024 (H) Section 302.4 entitled "Weeds" of the International Property Maintenance Code shall be amended to read as follows: 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided however, this term Upon failure oft the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject toc corrective action in accordance with $9-7-5 and/or the prosecution in (I) Section 304.14 entitled "Insect Screens" of the International Property Maintenance Code shall be amended to read as follows: 304.14 Insect Screens. During the period from January 1 to December 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm), and every screen door used for insect control shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellant fans, are employed. (J) Section 602.3 entitled "Heat Supply" of the International Property Maintenance Code shall be amended to read as follows: 602.3 Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on term, either expressed or implied, to furnish heat toi the occupants thereof shall supply heat through the form of a functional heating system during the period from November 1 to March 1 to maintain a temperature of not less than 68 degrees Fahrenheit (20 degrees Celsius) in all habitable rooms,  Edition.  shall not include cultivated flowers and gardens.  accordance with $9-7-99 oft this Article.  bathrooms and toilet rooms. Exceptions:  1. When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room  4    temperature shall not be required provided that the heating system is operating at its full capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International 2. In areas where the average monthly temperature is above 30 degrees Fahrenheit (-1 degree Celsius) a minimum temperature of 65 degrees Fahrenheit (18 degrees Celsius) shall be maintained. (K) Section 602.4 entitled "Occupiable Work Spaces" of the International Property Maintenance Code shall be amended to read as follows: 602.4 Occupiable work spaces. Indoor occupiable work spaces shall! be supplied with heat during the period from November 11 to March 1t to maintain at temperature of not less than 65 degrees Fahrenheit (18 degrees Celsius) during the period the spaces are occupied.  Plumbing Code.  Exceptions:  1. Processing, storage and operation areas that require cooling or 2. Areas in which persons are primarily engaged in vigorous physical  special temperature conditions.  activities.  (Ord. 2014-08, $I.,3 3-10-14)  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed to the extent of such conflict only.  III.  THAT ifi for any reason any section, paragraph, subdivision, clause, phrase, word or provision oft this ordinance is, for any reason, held to be invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent oft this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof  be given full force and effect for its purpose.  IV.  THAT this Ordinance shall be codified and become effective on and after  adoption and publication as required by law.  5    V.  THAT nothing in this ordinance or in the International Property Maintenance 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 of 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 15th day of October, 2024.  PASSED AND APPROVED on this the 28th day of October, 2024.  Effective Date:  Sam R. Fugate, Mayor ATTEST:  Mary' Valenzuela, City Secretary APPROVED ASTOI FORM:  Courtney Alvarez, City Attorney  6    AGENDA ITEM #11    tre Code  Planning and Development Services 410 W] King Kingsville, TX78363 PH:361-595-8055  CX Kingsvlle  MEMO  Date: To: From: Subject:  September 27h, 2024 Mark McLaughlin (City Manager)  Erik Spitzer (Director ofPlanning and Development Services)  The City of Kingsville Planning and Development Services Department and the City of] Kingsville Fire Department is seeking approval from the City Commissioners and Mayor to adopt the 2024 edition of the International Code Council (ICC) Family of Codes for the City of] Kingsville  Summary: The City of Kingsville is currently enforcing the following International Code Courcil (ICC) Family of Codes below. City ordinances are affected by adopted editions; codes are. edited by the ICC every 3 years; however, a city does not. have to adopt every new edition. Attached on page 2. are recommended changes to the current City of Kingsville  ordinances as they pertain to the International Code Council (ICC) Family ofCodes. Background: Currently, the. City ofl Kingsville enforces thei following codes:  2017: National Electrical Code: 2018: International Building Code 2018 Plumbing Code 2018) Mechanical Code 2018 Energy Conservation Code 20181 Existing Building 20181 Property Maintenance Code  2018 International Fire Code/National! Fire Protection Association (NFPA)101  Recommendation: Staff recommends approving the adoption of the 2024 edition of the International Code Council  Family of Codes fort the City of Kingsville  Erik Spitzer  Director of Planning and] Development Services    ORDINANCE NO. 2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER X-GENERAL REGULATIONS, ARTICLE 5- FIRE PREVENTION AND PROTECTION, SECTION 10, ADOPTING THE 2024 EDITION OF THE INTERNATIONAL FIRE CODE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE AND WHEREAS, in 2019 the City of Kingsville adopted the 2018 version of the International Fire Code and now desires to adopt the 2024 version; WHEREAS, this Ordinance is necessary to protect the public safety, health, and  PUBLICATION.  welfare of the City of Kingsville.  NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE  CITY OF KINGSVILLE, TEXAS:  I.  THAT, Section 9-5-10 of Article 5: Fire Prevention and Protection of Chapter IX- General Regulations, of the Code of Ordinances of the City of Kingsville, Texas,  shall be amended to read as follows:  $9-5-10 ADOPTION.  There is hereby adopted the fire prevention regulations of the city, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion. The International Fire Code, 20245 2018 Edition, as approved by the International Code Council, is hereby adopted in its entirety except to the extent as herein amended or when in conflict with locally adopted  ordinances dealing with administration and personnel.  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are  repealed toi the extent of such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final    judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and  effect fori its purpose.  IV.  THAT this Ordinance shall be codified and become effective on and after  adoption and publication as required by law.  Effective Date:  INTRODUCED on this the 15th day of October, 2024.  PASSED AND APPROVED on this the 28th day of October, 2024.  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney  2    AGENDA ITEM #12    RESOLUTION #2024-  A RESOLUTION AUTHORIZING THE POLICE CHIEF TO ENTER AN OPERATING AGREEMENT BETWEEN NAVAL AIR STATION KINGSVILLE, TEXAS AND THE CITY OF KINGSVILLE, TEXAS POLICE DEPARTMENT FOR THE PROVISION OF LAW ENFORCEMENT SEREVICES; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE  DATE.  WHEREAS, the City of Kingsville ("City") and Naval Air Station-Kingsville WHEREAS, NASK is located on the southeast side of the City in the extra- WHEREAS, the Kingsville Police Department has had a longstanding working WHEREAS, this Operating Agreement between the City and NASK was last approved by the City Commission on March 27, 2017, sO it is ready for an NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of  ("NASK") assist each other when able to do so;  territorial jurisdiction of the City;  relationship with NASK and their security staff;  update;  Kingsville, Texas:  I.  THAT the Kingsville Chief of Police is authorized and directed as an act of the City of Kingsville, Texas to enter an Operating Agreement Between Naval Air Station Kingsville (NASK) and the City of Kingsville Police for the Provision of Law Enforcement Services 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.  Ill.  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  28thday of October  2024.  1    Sam R. Fugate, Mayor.  ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney  2    OA: N60241-20240918-15349  NASK 5000 Ser NOO/  KPD 5000 Serl NOO/  OPERATING AGREEMENT BETWEEN KINGSVILLE, TEXAS 78363 AND THE KINGSVILLE POLICE! DEPARTMENT KINGSVILLE, TEXAS 78363  THE COMMANDING OFFICER, NAVAL. AIR STATION KINGSVILLE  Subj: OPERATING AGREEMENT BETWEEN NAVAL. AIR STATION KINGSVILLE AND KINGSVILLE POLICE DEPARTMENT FOR THE PROVISION OF LAW  ENFORCEMENT ASSISTANCE  This is an Operating Agreement (OA)between the Commanding Officer, Naval Air Station Kingsville, Texas, USA (hereinafter, "NASK") and thel Kingsville Police Department, Kingsville, Texas, USA (hereinafter, "KPD"), for law enforcement assistance. When referred to collectively, NASK and KPD are 1.1 PURPOSE: To establish al law enforcement partnership between the Parties and to set terms and 2. SCOPE: This Agreement is limited to various law enforcement activities wherein mutual support 3. AGREEMENT: Now, therefore, pursuant to. DoD FMR and in consideration of the mutual promises a. This Agreement does not limit or waive any right or operating authority under existing or future b. KPD: is a local law enforcement agency capable ofj providing support to NASK int the following  referred to as the "Parties."  conditions between the Parties with respect to providing mutual support. provides an avenue to best address specified issues/cases. contained herein, the Parties agree as follows:  federal law. matters:  (1)Thei investigation of offenses of potentially mutual interest; (2) The reporting of certain types ofc offenses and injuries; (4) Other items ofr mutual law enforcement interest.  (3) Response to civil disturbances or criminal acts on or adjacent to NASK; and  C. NASK will normally be responsible for the initial investigation of offenses committed onboard NASK; however, KPD's investigative resources may be requested to supplement Navy resources. The  assistance of KPD will be requested and evaluated on a case-by-case basis.    Subj: OPERATING AGREEMENT BETWEEN NAVAL AIR STATION KINGSVILLE AND KINGSVILLE POLICE DEPARTMENT FOR THE PROVISION OFLAW  ENFORCEMENT ASSISTANCE  d. KPD will: normally bei responsible for thei initial investigation ofoffenses committed outside the jurisdiction ofNASK; however, when it appears that ai military member may be subject to prosecution, KPD will inform NASK and offer them the opportunity to enteri into thei investigation and prosecution. e. Navy Security Force (NSF) personnel and/or Naval Criminal Investigative Service (NCIS) will establish on-scene command fori incidents within the jurisdictional boundaries OfNASK and will f.NASK may request specialized assistance from KPD, such as Special Weapons and Tactics (SWAT), Explosive Ordnance Disposal (EOD), and Hazardous Material (HAZMAT), by the On-Scene Commander (OSC). Responding KPD personnel will report to the OSC: for unification prior to task direction. Responding KPD personnel will advise the OSC on optimum employment of assets for safety and will conduct operations per their agency policy and procedures. NASK will maintain overall OSC g. Int the event of an active threat onboard NASK, KPDI may be requested to assist. NCIS will bet the leading responsible agency for active threat incidents and will coordinate with the Federal Bureau of h. Ini the evént ofa demonstration or protest onboard and within the jurisdiction ofNASK, NSF will apprehend or detain emonstratoryproltesters and contact KPD, as needed. For emonstrationsprotests outside ofNASK. jurisdiction boundaries, KPD will be notified and will respond per KPD policies and i. Int the event of an airspace violation by a small unmanned aerial system (SUAS), NASK has the capability to detect and engage via non-kinetic means. Due to the wide range ofcounter SUAS responses available to NASK, KPD: may bei requested to assist in locating the SUAS or the operator/pilot in the vicinity oft the installation, including when the SUAS is operating outside ofl NASK'sj jurisdiction. J. Due to lack of patch control for secured radio channels between NASK and KPD when providing assistance to NASK, KPD will provide a Supervisor at the Incident Command Post (ICP), establishing a Unified Command Post (UCP), to maintain inter-agency control. Additionally, when feasible, responding KPD personnel may bei intermingled with NASK NSF personnel for further command-and.control. k. In the event of an emergency ori immediate threat response situation, the NASK Commanding Officer may coordinate the provision ofMilitary Working Dog (Explosive Detector) support to state and/or local law enforcement, resources and mission permitting. For coordination ofl Military Working Dog (Explosive Detector) support, KPD should contact NASK Security Department at (361)438-7342. 1. DoDI law enforcement personnel employed with NASK, to include Military Working Dog assets, may not be used by state or local law enforcement agencies in any manner that would violate the Posse Comitatus Act, 18 U.S.C. $ 1385, including in the assistance of criminal investigations, narcotics, or m. Civilian personnel, including military dependents, cannot be compelled to report to a designated place for the execution ofa warrant. The Staff. Judge Advocate (SJA) and NASK Security Department will assist KPDi in the execution of any arrest warrants issued by the State ofTexas, or for extraditable  determine ifa assistance from KPD: is needed.  responsibility of the incident.  Investigations (FBI) fori investigation assistance as needed.  procedures.  All requests must be approved by the NASK Commanding Officer.  patrols outside ofNASK.  arrest warrants issued by other states, for civilians located onboard NASK.  2    Subj: OPERATING AGREEMENT BETWEEN NAVAL AIR STATION KINGSVILLE AND KINGSVILLE POLICE DEPARTMENT FOR THE PROVISION OFLAW  ENFORCEMENT ASSISTANCE  n. Upon the arrest and processing of an active duty Service Member outside of NASK, it is requested that KPD: notify thel NASK Command Duty Officer at (361)218-7182 as soon as practicable, for 0. Entry onto NASK by KPD shall only be with the prior permission oft the NASK Commanding p. KPD is highly encouraged to participate in] NASK's] Navy Security Operations Exercise Program (NSOXP) training evolutions when conducted onboard NASK toi increase interagency interoperability. It is essential for NASK and KPD to develop this beneficial partnership to effectively integrate resources and capabilities and enhance mutual operational readiness during crisis operations. 4. REVIEW OF AGREEMENT: This agreement willl be reviewed annually by both Parties, to determine 5. MODIFICATION OF AGREEMENT: This agreement may be modified or amended at any time by 6. TERMINATION OF AGREEMENT: This agreement may bet terminated by either Party by giving at least 60 days written notice to the other Party. The term "Party" includes not only the signatories, but 7. EFFECTIVE! DATE: This agreement shall be effective upon signature of all Parties and will remain in effect for a period oft ten years unless superseded, rescinded, or until such time as it is modified by  notification to bei made to the Service Member's chain of command.  Officer or designated representative.  ift the terms and conditions are appropriate. mutual consent, provided in writing, ofb both Parties.  also their successors.  written, mutual agreement ofboth Parties.  AGREED:  JOHN BLAIR Police Chief Kingsville Police Department Date:  M.D.E BISHOP, CAPT, USN Commanding Officer Naval Air Station Kingsville Date:  3    REGULAR AGENDA    AGENDA ITEM #13    Donation  Kingsville Parks & Recreation 400 W. King (mailing) 501 Santiago Park Lane (physical) Kingsville, Texas 78363 361-221-8705 Susan Ivy, Director 361-219-9125  For Information on events and facilities wwadiyolnsayllecon/deparmentpars  CITY Kiyle  Email:  swyPdtyelknsyle.con or follow us on Facebook Kingsville Parks and Recreation  To: Mark McLaughlin, City Manager From: Susan Ivy, Parks Director Date: October 18, 2024  Re: City Commission Agenda Request Receipt of Donations from Healthy Family Sponsors  Summary - We are requesting Commission approve the receipt of donations for Parks Department Healthy Family History - Parks Department started this initiative in 2015 to supplement the need for additional funds in our recreation programming budget due to increased involvement in festivals and special events and the need to offer more programming to our community that focuses on drug/alcohol/bully free and active lifestyles. Our partners this year are: Kleberg County Attorney's Specialized Crimes and Narcotics Task force - $2,500.00  Events and the corresponding budget amendment for those funds.  Christus Spohn Hospital Kleberg : $2,500.00 L'Aiglon Foundation - $2,500.00 Driscoll Health Plan $2,500.00 District Attorney. John Hubert- $500 King Ranch - $1,500 KISD Education Foundation - $1,000 Ultra Screen Printing. $1,000.00 Diva Association of Kingsville -$ $250  Tejas Nursery $250 TRADE FOR PLANTS AND EDUCATIONAL INSTRUCTION Brookshire Foundation - is a named sponsor; money will come in later  Total Donations. are $14,250.00 in cash.  Financial Impact-These! Healthy Family donations willi increase our recreational programming budget by $14,250.00. We ask. that $7,000.00 be coded to special events 001-5-4513-31441, and $7,250.00 be coded to Recreational Recommendation - We: aski that you approve the receipt oft these donations, authorize the expenditure oft these funds  programs 001-5-4513-31499.  for the purpose for which they were donated, and approve the associated budget amendment.    AGENDA ITEM #14    Budget-Pmand.  Kingsville Parks & Recreation 400 W. King (mailing) 501 Santiago Park Lane (physical) Kingsville, Texas 78363 361-221-8705 Susan Ivy, Director 361-219-9125  Forinformation on events and facilities wwdtyolnsyllecon/deparmentpars  CITY Kigyle  Email:  shy@dhyefkinsylle.com or follow us on Facebook Kingsville Parks and Recreation  To: Mark McLaughlin, City Manager From: Susan Ivy, Parks Director Date: October 18, 2024  Re: City Commission Agenda Request Receipt of Donations from Healthy Family Sponsors  Summary - We are requesting Commission approve the receipt of donations for Parks Department Healthy Family History = Parks Department started this initiative in 2015 to supplement the need for additional funds in our recreation programming budget due to increased involvement in festivals and special events and the need to offer more programming to our community that focuses on drug/alcohol/Duly free and active lifestyles. Our partners this year are: Kleberg County Attorney's Specialized Crimes and Narcotics Task force - $2,500.00  Events and the corresponding budget amendment for those funds.  Christus Spohn Hospital Kleberg-$2,500.00 L'Aiglon Foundation - $2,500.00 Driscoll Health Plan $2,500.00 District Attorney. John Hubert-$500 King Ranch - $1,500 KISD Education Foundation-51,000 Ultra Screen Printing- -$1,000.00 Diva Association of Kingsville-$250  Tejas Nursery $250TRADE FOR PLANTS AND EDUCATIONAL INSTRUCTION Brookshire Foundation-isal named sponsor; money will come in later  Total. Donations. are $14,250.00 in cash..  Financial Impact-These Healthy Family donations will increase our recreational programming budget by $14,250.00. We ask. that $7,000.00 be coded to special events 001-5-4513-31441, and $7,250.00 be coded to Recreational Recommendation - Wea ask thaty youa approve ther receipt oft these donations, authorize the expenditure of these funds  programs 001-5-4513-31499.  for the purpose for which they were donated, and approve the associated budget amendment.    ORDINANCE NO. 2024-  AN ORDINANCE AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO ACCEPT AND EXPEND DONATIONS FOR THE PARKS DEPARTMENT HEALTHY FAMILY EVENTS. 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 2024-  2025 budget be amended as follows:  CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT = BA#3  Dept Dept Name No. Fund 001 = General Fund Revenues -4 4513 Recreation Donations Expenditures -5 4513 Recreation  Account Name  Account Budget Number Increase Decrease  Budget  58003 31441 31499  $14,250 $7,000 $7,250  4513 Recreation Special Events  Recreational Programs  [To amend the City of Kingsville FY 24-25 budget to appropriate, accept, and expend the donations for the Parks Department Healthy Family Events. Funding will come from the  donations received for the stated 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 but shall become effective on and after adoption and  publication as required by law.  INTRODUCED on this the 28th day of October 2024.  PASSED AND APPROVED on this the 12th day of November 2024.  EFFECTIVE DATE:  Sam R. Fugate, Mayor  ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  2    AGENDA ITEM #15    City of Kingsville Parks & Recreation TO: Mayor and City Commissioners CC: Mark McLaughlin, City Manager FROM: Susan Ivy, Parks Director DATE: October 17, 2024  SUBJECT: Resolution authorizing the submission of a Texas Parks & Wildlife Department grant  application for the Community Outdoor Outreach Grant Program.  Summary:  This item is to consider a resolution authorizing the submission of a Texas Parks & Wildlife Department grant application; and authorizing the City Manager to act as the executive officer and Parks Director as authorized representative in all matters pertaining to the participation in the Community Outdoor Outreach Grant Program. We also request the approval of the attached  resolution authorizing the application.  Background:  The City of Kingsville intends to apply for the Texas Parks & Wildlife Department grant under the Community Outdoor Outreach Grant Program. The application will be for up to $65,000 of grant funds for training, staffing, program organization and implementation for Nature Based, family oriented, outdoor activities hosted at Dick Kleberg Park, local schools and in various  Texas State Parks. Financial Impact:  Funding provided by this program is on a cost reimbursement basis. If awarded, the City must initiate the approved project with our own funds and be reimbursed 100% of qualified expenses after submitting documentation of expenses. There is no match for this grant.  Recommendation:  City staff recommends that the City Commission approve the resolution for the submittal ofa grant application to TPWD Community Outdoor Outreach Grant Program requesting $65,000 in funding to be expensed in a reimbursement method upon approval of grant.,    RESOLUTION # 2024-  A RESOLUTION AUTHORIZING THE CITY TO SUBMIT AN APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT'S COMMUNITY OUTDOOR OUTREACH GRANT PROGRAM FOR THE PURPOSE OF REQUESTING FUNDING FOR COMMUNITY NATURE BASED, FAMILY ORIENTED, RECREATIONAL PROGRAMMING WITH NO CASH MATCH REQUIRED; AUTHORIZING THE CITY MANAGER TO SUBMIT THE GRANT AND THE CITY PARKS DIRECTOR AS THE GRANT OFFICIAL TO ACT ON THE CITY'S BEHALF WITH SUCH GRANT  PROGRAM.  WHEREAS, the Texas Parks and Wildlife Department (hereinafter Department") has a Community Outdoor Outreach Grant Program (hereinafter Program") that can provide monetary assistance for community, nature based recreational programming; and WHEREAS, the City of Kingsville strives to provide quality recreational programming to WHEREAS, the City's Dick Kleberg Park is home to an abundance of nature based opportunities such as birding, walking trail, wildlife identification, and our recently WHEREAS, Dick Kleberg Park is a public park where the proposed public park and WHEREAS, the City is fully eligible to receive assistance under the Program; and WHEREAS, the City is desirous of authorizing the Parks Director, Susan Ivy, as the Grant Official to represent and act for the City in dealing with the Department WHEREAS, the City of Kingsville would like to apply for approximately $65,000.00 in funding for recreational programming through the Community Outdoor Outreach WHEREAS, the City Commission of the City of Kingsville through this resolution has authorized the City Manager as the Executive Officer to submit an application for the aforementioned grant and project and the City Parks Manager as the authorized representativelgrant official to administer the grant and represent the City in this matter. NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of  the citizens in our community; and  initiated "Outdoor Classroom"; and recreational uses would be located; and  concerning the Program; and  Program; and  Kingsville, Texas:    I. I.  THAT the City certifies it is eligible to receive assistance under the Program.  THAT the City Manager is the executive officer hereby authorized and directed to sign and act on the City's behalf in all matters pertaining to the Texas Parks and Wildlife Department's Community Outdoor Outreach Grant Program, including any certifications, amendments or representations stipulated therein and that the City Parks Manager, as the authorized representativelgrant official, to administer the program and execute and submit all certifications, reports, or contracts necessary for the administration and  expenditure of such program.  III.  THAT the City the City specifically authorizes the official to make, application to the Department concerning the site to be known as Dick Kleberg Park in the City of Kingsville, Texas or use as a park site and is hereby dedicated for public park and recreation purposes in perpetuity or for the lease term if legal control is through a lease.  Projects with federal monies may have differing requirements.  IV.  THAT the City Commission approves the submission of the grant application to the Texas Parks and Wildlife Department's Community Outdoor Outreach Grant Program for the Kingsville Parks Department for training, staffing, program organization and implementation for nature based, family oriented, outdoor activities hosted at Dick Kleberg Park, local schools and in various Texas State Parks on the City's behalf with a  grant request of up to $65,000.00 with no anticipated cash match. THAT this Resolution shall be and become effective on or after adoption.  V. VI.  THAT all resolutions or parts of resolutions in conflict with this resolution are repealed to  the extent of such conflict only.  PASSED AND APPROVED by a majority vote of the City Commission the 28thday of  October, 2024.  Sam R. Fugate, Mayor  2    ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM Courtney Alvarez, City Attorney  3    AGENDA ITEM #16    CITY OF. KRSe  City of Kingsville Finance Department  TO: CC: FROM: DATE: SUBJECT: Summary:  Mayor and City Commissioners Mark McLaughlin, City Manager Deborah Balli, Finance Director October 17, 2024 Irrigation Rate Change  When the utility rate changes were: submitted. and approved, changes toi the 1-inch irrigation rate were not included. The current rate is $39.31 and should be $45.21. The current rate per: 1,000  is $4.28 and should be $4.93.  Staff recommends the approval of the rate changes listed above.    ORDINANCE NO. 2024-  AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER V, ARTICLE 3, WATER, PROVIDING FOR AN INCREASE IN CERTAIN IRRIGATION WATER RATES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN  EFFECTIVE DATE AND PUBLICATION.  WHEREAS, the cost to provide this service has increase substantially in the three years since WHEREAS, this Ordinance is necessary to protect the public safety, health, and welfare of the NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY  the rates were last adjusted; City of Kingsville.  OF KINGSVILLE, TEXAS:  I.  THAT Section 5-3-51 of Article 3: Water of Chapter V, Public Works, of the Code of Ordinances  oft the City of Kingsville, Texas, shall be amended to read as follows: $5-3-51 MINIMUM MONTHLY CHARGE; RATE SCHEDULE.  (A) The following monthly rates shall be charged inside city customers for the use of city water, provided that minimum monthly charges shall be made and bills rendered accordingly,  under the standard water rates schedule as follows:  Minimum Monthly Bill Water Service  Meter Allowance Size 5/8-34 inch 5/8-3  Single- Family  Multi-Family  Residential Residential  Commercial"  Irrigation  Gallons  14.72  $0.00  $0.00  $0.00  0  1    Minimum Monthly Bill Water Service  Meter Allowance Size inch 1inch 1%i inch 1%inch. 2i inch 3 inch 41 inch 6inch 8inch  Single- Family  Multi-Family 27.86 33.88 40.52 49.99 68.95 129.01 208.04 413.50 413.50  Residential Residential  Commercial"* 28.97 36.63 44.27 55.74 78.66 139.11 214.50 409.76 781.29  Irrigation 33.23 39.31 45.21 52.98 67.77 97.42 191.28 314.77: 635.83 635.83  Gallons 3,000 5,000 7,000 10,000 16,000 35,000 60,000 125,000 200,000  30.12 36.65 44.93 65.50 65.50 65.50 65.50 65.50  Includes apartments of 3-4 units.  ** Includes hotels, motels, and apartments over 4 units.  (B) The following monthly. rates shall be charged outside-city customers for the use of city water, provided that minimum monthly charges shall be made and bills rendered accordingly,  under the standard water rates schedule as follows:  2    Minimum Monthly Bill Water Service  Meter Allowance Size 5/8-3i inch 5/8-3inch 1inch 1%inch 1% inch 2i inch 3i inch 41 inch 6i inch 8inch  Single- Family  Multi-Family  Residential Residential  Commercial"* $0.00 33.32 42.09 50.90 64.07 90.46 159.97 246.68 471.21 898.46  Irrigation $0.00 38.18 47.84 60.28 77.94 112.00 219.95 361.97 731.20 731.20  Gallons 0 3,000 5,000 7,000 10,000 16,000 35,000 60,000 125,000 200,000  16.91  $0.00 32.05 38.99 46.59 57.48 79.30 148.37 239.22 475.49 475.49  34.67 37.47 51.63 75.35 75.35 75.35 75.35 75.35  Includes apartments of 3-4 units.  ** Includes hotels, motels, and apartments over 4 units.  3    (C) For all water furnished in excess oft the minimum allowance, the charge per 1,000 gallons of  water delivered per month shall be shown as follows:  In-side City  Outside City  Single-family residential:  -5,000 gallons  $3.09 3.25 3.39 3.53 3.70 4.77 3.27  $3.55 3.74 3.93 4.10 4.25 5.50 3.78  5,001 10,000 gallons 10,001 - 15,000 gallons 15,001 - 20,000 gallons 20,001 -30,000 gallons 30,000 + gallons  Multi-family:  Commercial:  3.93  4.50  4    Irrigation  4.93  5.66  (D) These rates shall be applied to all water that passes through the meter regardless of  whether the water is used or not.  (E) Industrial rates by special contract with the city.  (F) Naval Air Station Kingsville water rate, as determined by the most current water rate study, THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed  is set at $2.06/1,000 gallons.  II.  to the extent of such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose.  IV.  THAT this Ordinance shall be codified and become effective on and after adoption and  publication as required by law.  INTRODUCED on this the 28th day of October  2024.  PASSED AND APPROVED on this the 12th day of November 2024.  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED ASTO FORM:  Courtney Alvarez, City Attorney  5    AGENDA ITEM #17    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  October 28, 2024  SUBJECT: Consider Submitting an Intent to Apply and Detailed Application for First  Time Wastewater Services for Sage Road Residents through the 2024- 2025 Economically Distressed Areas Program (EDAP) for Funding by the  Texas Water Development Board (TWDB).  Summary:  On October 21, 2024, the City of Kingsville received an invitation and Intent to Apply for the 2024-2025 Economically Distressed Areas Program (EDAP). This: application will focus on providing wastewater services for the first time to 21 homes built before 2005 along Sage Road between Armstrong (FM 1898) and Young Drive. Existing homes along this route can also connect to the wastewater service at their own expense. The  estimated total cost for the project is $5,351,251.  Preliminary calculations from the Texas Water Development Board (TWDB) indicate that the City is eligible for 50% grant funding, with the remaining balance financed by a 3.6% interest, Pvearlo loan. The annual repayment for this loan. would. be approximately $135,000, with a maximum repayment term of 20 years. The detailed As part of the TWDB loan terms, the recipient must establish an adequate revenue source. or provide sufficient security to ensure repayment as the loan becomes due.  application is due by December 20, 2024.  Background:  On May 14, 2024, the Water Finance Exchange submitted the Abridged Application (Step 1)to the TWDB for EDAP funding. After a thorough review, Kingsville ranked 8th among      City of Kingsville Engineering Dept.  TWDB, Kingsville ranked 8th on the Project Priority List in the Intended Use. Plan (IUP) among 20 applicants. On October 17, 2024, the TWDB approved the Economically Distressed Areas Program Intended Use Plan. Step 2 is to submit a detailed. application  for funding. Below is the loan process.  Attend Pre- Application Meeting  Board Considers Application for Approval TWDB Staff Provides Recommendation: toBoard  Applicant Prepares Closing Documents  Prepare Financial Assistance Application  Attorney General and Legal Review  Submit Financial Assistance: Application  TWDB Staff Reviews Application  Execute Loan Closing  Initial Review (completeness),  TWDB Provides Notice of Complete Application  Financial Impact:  Fund 51 - Utility Fund will be used to repay the 3.6% interest, 20-year loan with a  maximum repayment amount of $193,000 per year.  Recommendation:  Staff recommends approval for the Intent to. Apply and proceed with Step 2 of the  Economically Distressed Areas Program - Detailed Application.  Attachments: TWDB Intent to Apply TWDB 2024-2025 EDAP Application Invitation TWDB. Estimated Interest Rates  b KIe      TEXAS WATER DEVELOPMENT BOARD  P.O. Box 13231, 17001 N. Congress Ave. Austin, TX 78711-3231, www.lwdbtexas.goy Phone (512) 463-7847, Fax (512) 475-2053  October 21, 2024 Mr. Rutilio "Rudy" Mora, Jr., P.E., CFM City Engineer City of Kingsville moaecivohngylecon  Re: 2024-2025 Economically Distressed Areas Program EDAP)APplication  Invitation Dear Mr. Mora:  City of Kingsville - Abridged Application No. 16037  Thank you for submitting an abridged application for financial assistance through the Economically Distressed. Areas Program (EDAP). Pursuant to 31 Texas Administrative Code (TAC) $363.504, the Texas Water Development Board (TWDB) completed a prioritization of the projects as outlined in the adopted EDAP Intended Use Plan (IUP). and approved the Project Priority List (PPL) on October 17, 2024. We are pleased to extend the City of Kingsville an invitation to submit a complete application for financial assistance through the EDAP program. Your project is listed int the approved PPL as being eligible to receive funding as shown  below:  Preliminary Grant Calculation 50%  Project Name  EDAP-Eligible Project Amount $5,351,251  City of Kingsville Proposed Wastewater Utilities  Near Sage Road  EDAP-Eligible Project Amount Preliminary Grant Calculation  The EDAP-eligible project amount lists only the portion of requested funding determined to EDAP funding commitments will consist of a combination of debt obligations and grants, with the grant percentage based on the issuance of a formal nuisance determination, as outlined int the EDAP. IUP. The maximum amount of grant available will be 70 percent per. project. However, the grant percentage for a project cannot exceed 50 percent unless a public health nuisance exists, as determined by either the TWDB or the Texas  be EDAP-eligible during the project scope eligibility review process.  Our Mission : Board Members  Leadingt the: state's efforts Brooke T. Paup, Chairwoman I L'Oreal Stepney, P.E., Board! Member Tonya R. Miller, Boardi Member  ine ensuring as secure  water futuref for Texas Bryan McMath, Executive Administrator    Mr. Rutilio "Rudy" Mora, Jr., P.E., CFM  October 21, 2024 Page 2  Department of State Health Services (DSHS). The preliminary grant calculation shown above may be updated if a nuisance. determination request is submitted with the full application and is issued by TWDB or DSHS prior to a funding commitment being made by the. Board. The portion oft the EDAP-eligible project amount not provided by a grant must be All EDAP funding commitments approved by the TWDB are subject to available funds. and  provided as an EDAP loan. Funding Availability capacity limitations in the EDAP. Required Documentation and Deadlines  To be considered for funding under the EDAP, please follow the requirements stated below: (1) You must submit your Intent to Apply form to EDAPOtwdbiexas.goy by 5:00 P.M. on Wednesday, November 20, 2024. Failure to fully complete and submit the Intent to Apply Form will result in this project becoming ineligible for EDAP funding. (2) If you intend to apply, your complete application must be received by TWDB no later than 5:00 P.M. on Friday, December 20, 2024. Applications will not be. accepted after the deadline. We encourage you to submit your application before the deadline, which will allow us to begin a review of your application earlier., Application materials, such as, submittal instructions, guidance documents, frequently asked questions; and a link to our online application portal may. be found on our website at (3) A pre-application meeting is required for all EDAP projects to ensure that the applicant and the corresponding TWDB staff discuss the project and ask initial questions prior to the application being submitted. If you submit an Intent to Apply, please contact William Alfaro, Regional Project Team 6 Manager, by phone at (512) 463-4741 or by e-mail at WIeABpardbissay to schedule your pre- application meeting. They will be able to assist you with scheduling a meeting prior to  www.lwdblexasgov/financalappications.  your submission oft the application.  To assist you in being successful, please take note. of the following tips and reminders which are based on TWDB's experience reviewing prior appliçations:  Applicants will be selling bonds to the TWDB for the portion of funding not provided as an EDAP grant. As such, a financial advisor and bond counsel will be required. We highly encourage you to engage these consultants prior to submitting the Be sure any changes to the original project amount request are reflected in both the Please round up any loan numbers int the application budget and confirm. the dollar amounts with your. TWDB project team before passing resolutions to minimize Please direct any questions or concerns regarding the application, commitment process, and closing processes to William Alfaro, Manager, Regional Project Team 6. Please contact  application.  Intent to Apply Form and the application budget. adjustment during the review period.    Mr. Rutilio "Rudy" Mora, Jr., P.E., CFM  October 21, 2024 Page 3  William to discuss your project in greater detail and to schedule a pre-application meeting if you have not already done so. If approved, William's team will work with you throughout the We look forward to working with the City of Kingsville on the next steps toward implementing this important project. Should you have any other questions or concerns, please contact Kimberly Rhodes, State Programs Coordinator, by email at KimberlyRhodes@lwdbtexas.Qov or by phone at (512)463-7277.  life of your project.  Sincerely,  Marvin Cok-Clany Marvin Cole-Chaney Director, Program. Administration and Reporting Water Supply. and Infrastructure Attachment: Intent to Apply Form CC: William Alfaro, Regional Project Team 6 Manager, Wiliam.Alfaro@twdb.texas.gov WS-RWPD-Applcatons@lwdb.e,3s.oy    General Obligation Programs - Estimated Rates  TypeofFunds Terms  Market' 4.06% 4.47% 5.89% 5.00% 4.06% 63,60% 5.89%  TWDB2 4.04% 4.46% 5.81% 4.19% 4.91%  Difference 0.01% 0.01% 0.08% 0.81% 0.46% 0.98%  Development Fund (Tax Exempt) Development Fund (Tax Exempt) Development Fund (Taxable) AgriculturalLoans (Taxable).  20 30 20 7 20  EDAP/IaxExempt, 20 EDAP (Taxable)  Table Legend  1. Market GOI rates are calculated from: sample level debt service: schedules using the BAA-rated MMD1 tax- 2. TWDB GO rates are calculated from sample level debt service schedules using TWDB-adopted rate scales.  exempt andt taxable scales, as appropriate.    Texas Water Development Board  Economically Distressed Areas Program  Intent to Apply  Instructions  Please indicate youri intention to apply for funding from the Economically Distressed Areas Program (EDAP) in. the amount listed in the 2024-2025 EDAP Intended Use Plan (IUP); Project Priority List. Deadline to submit is November, Failure to return this form by the deadline will be considered as noi intention to apply and your project willr not be  20, 2024. Submit this document as an attachment to! EDAPOTWDBtexagoV.  considered forf funding. General Information Abridged Applications No.:  16037  Entity (Applicant) Name: City of Kingsville  Project Name: Proposed Wastewater Utilities Near Sage Road  Intent to Apply  Entity intends to submit an application for this project: dy Yes D No  EDAP-eligible Project Amount int the 2024-2025 IUP, Project Priority Listi is confirmed: dy Yes ONo JF"No" to either question above, please explaini in the space provided below. Please note that due to limited program capacity, only decreases in requested funding amount may be considered.. As indicated iny your Invitation Letter, funding commitments will consist ofac combination of debt obligations, and grants calculated based ont the issuance ofaf formal nuisance determination. TWDB staff may contact yout tot follow up on any requested  adjustments:  Signature Printed  Title  Email Address and Phone Number    RESOLUTION #2024-  A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD'S 2024-2025 ECONOMICALLY DISTRESSED AREAS PROGRAM (EDAP) FOR FIRST TIME WASTEWATER  SERVICE RESIDENTS PROJECTS.  WHEREAS, the City received an Application Invitation Letter and Intent to Apply for the 2024-2025 Economically Distressed Area Program (EDAP) on October 21, 2024; WHEREAS, this application will focus on providing wastewater services for the first time to2 21 homes built before 2005 along Sage Road between Armstrong (FM1898) and WHEREAS, the Texas Water Development Board will be receiving Intent to Apply notices until November 20, 2024 and detailed applications until December 20, 2024 and has a program for 3.6% interest loans over a 20-year period and requirements for grant funding and the City desires to apply for wastewater infrastructure funding. NOW THEREFOR, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF  Young Drive;  KINGSVILLE:  I.  THAT the City Manager is authorized to submit a grant application to the Texas Water Development Board for 2024-2025 Economically Distressed Area Program moneys for  wastewater projects stated above.  II.  THAT all proceeds from said grant including any matching grant amount from the City of Kingsville shall be administered in conformity with the grant application, the Grant  Award letter, and the approved Budget Summary.  III.  THAT the City Manager is hereby designated at the Authorized Official to accept, alter,  or reject the grant.  IV.  THAT in the event of loss or misuse of funds, the City of Kingsville will return all funds to  the Texas Water Development Board.  V.  THAT this Resolution shall be effective upon adoption.  PASSED AND APPROVED by a majority vote of the City Commission the 28th day  of October, 2024.    Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM Courtney Alvarez, City Attorney  2    AGENDA ITEM #18    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  October 28, 2024  SUBJECT: Consider Awarding Request for Qualifications (RFQ 25-02) for Municipal  Projects for WaterSMART Drought Response Grant Administered by the  U.S. Bureau of Reclamation.  Summary:  RFQ #25-02 for Professional Engineering Services was advertised on September 19 and September 26, 2024, in the local newspaper and on the City's website.. Statements of Qualifications (SOQs) were received before the deadline of 4:00 p.m. on October 8, 2024.  The following four firms submitted SOQs:  1. Collier Engineering & Design, Corpus Christi, Texas. 2. International Consulting Engineers (ICE), Corpus Christi, Texas.  3. Garver, Harlingen, Texas. 4. Hanson, Corpus Christi, Texas.  The evaluation committee, which included the City Manager, Capital Improvements Manager, Public Works Director, and City Engineer, reviewed all four submissions. The committee recommends awarding the RFQ to Garver. The next step is to negotiate a  contract for professional engineering services.  Background:  The U.S. Bureau of Reclamation has announced the WaterSMART Drought Response Program for Fiscal Year 2025, offering grants ranging from $25,000 to $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 a new water well at Dick Kleberg Park  Ns    City of Kingsville Engineering Dept.  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 sustainability. There is no financial impact by awarding RFQ#25-02 for Professional Engineering Services. Once the negotiated contract is executed the project will be paid from  Financial Impact:  contingent awarded grant funds. Recommendation:  The Evaluation Committee recommends awarding RFQ#25-02 for Professional  Engineering Services to Garver and to begin negotiating a contract.  Attachments: None.  Ns    AGENDA ITEM #19    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  October 28, 2024  SUBJECT: Consider Approving Change Order No. 1 for Bid No. 23-09 for the General  Land Office (GLO) Community Development Block Grant Mitigation (CDBG- MIT) Contract No. 22-082-016-D218 Project 2 - Manhole Rehabilitation  Project  Purpose:  Consider approving General Land Office Change Order No. 1 (CO-1) will decrease the contract price while increasing the contract time to help closeout the contract as required by the grant. CO-1 decreases the contract price by $4,800 and increases the contract time  by 136 calendar days. Summary: Item Description  GLO Change Order/ No. 1- Contract Price A3 Demo Ring and Cover 24" A4 Ring and Cover 24" GLO Change Order No. 1Total  Unit Quantity Unit Cost Total  EA -3 EA -3  $500.00 (1,500.00) $1,100.00 ($3,300.00)  ($4,800.00)  GLO Change Order No. 1- Contract Time  Description  Calendar Days 136  Additional Contract Time Final Contract Price and Time  $468,506.40 and 256 Calendar Days  Background:  Awarding our third GLO CDBG-MIT 2016 Flood Mitigation Project 2 - Manhole Rehabilitation Project - Sanitary Sewer Improvements. Project includes rehabilitation of 74 existing  CITY OF B Kigle    City of Kingsville Engineering Dept.  manholes, concrete collars, ring and covers, CIP liners and other related appurtenances.  The project should be completed in 120 calendar days.  Sealed bids were received on August 28, 2023. This project was advertised in the local newspaper, Historically Underutilized Business (HUB), Minority- and Women-Owned Business Enterprises (MWBE) and on the City's website. Bids were opened, read aloud and the apparent low bidder was identified. One (1) bid was received from Infrastructure Rehabilitation USA Inc, from Shreveport, Louisiana. The sole base bid received tabulated $473,306.40. Since there was only one bidder, GLO considers the bid as non-competitive and GrantWorks submitted on behalf of the city a request for consideration to accept the single bid and allow the city to award the project. GLO was asked to approve this request prior to the 90 days of bid opening which was November 26, 2023. During the November 13; 2023, Commission meeting, we requested the City Commission award the project to Infrastructure Rehabilitation USA Inc. contingent on GLO approving our request. We received notice from the GLO that they accepted the lone bidder project shortly after the November 26th deadline. At a City Commission meeting on December 11, 2023, the bid was awarded to Infrastructure Rehabilitation USA Inc, from Shreveport, Louisiana for $473,306.40. At a City Commission meeting on January 8, 2024, staff recommended and  the City Commission approved the contract with the selected vendor.  Financial Impact: $468,506.40. Recommendation:  Project 2 Change Order No. 1 contract price will decrease by $4,800 from $473,306.40to  Staff recommends approving Change Order No. 1 for CDBG-MIT GLO Contract No. 22-082- 016-D218 = Project 2 - Manhole Rehabilitation Project Sanitary Sewer Improvements for a  final price of $468,506.40 and contract time of 256 calendar days.  Attachments: GLO Change Order No. 1  el  NE    COMMUNITY DEVELOPMENT & REVITALIZATION The Texas General Land Office Construction Change Order Request  NOTE: Texas Local Government Code Sec. 262.031 CHANGES IN PLANS AND SPECIFICATIONS" regulations apply. Generally, a cumulative  increase int the contract price ine excess of 25% ora a cumulative decrease in excess of 18% are disallowed.  SubrecipientCity of Kingsville International Consulting Engineers 261 Saratoga Blvd. Corpus Christi, TX78417 361-826-5805 Project #: Contract Origination Datel Item No. A3 A4  GLO Contract umber/22082016D218  Date:/7/31/2024  Engineer Name Address & Phone Subrecipient Name, Address, &F Phonel Number:  Contractor Name, Address & Phonel Number: Infrastructure Rehabilitation USA, Inc. 401 Edwards Street, Suite 2100 Shreveport, LA71101 888-277-5485 Manhole Rehabilitation  City of Kingsville 400V W. KingA Ave. Kingsville, TX78363 361-595-8040  2  BidF Package #: 1/8/2024  1 Project Description:  Change Order #:  1  You are hereby requested to comply with the following changes from the contract plans and specifications. Description of Changes: Quantities, Units, Unit Prices, Changei in Completion Decrease! in Contract Price Increase in Contract  Schedule etc.  Price  DEMO RING AND COVER: 24", $500/EA, -3EA RING AND COVER: 24", $1,100/EA, -3EA  1,500 3,300  See sheet 2t to add additional entries  Change in Construction Contract Price Original Contract Price: 473,306.40 Cumulative Previous/o Change Order(s) Total: Contract Price Prior tol this Change Order: Netl Inprease/Decrease of this Change Order: Effective. June 2020  Change in Contract Time (Calendar Days) Original Contract Time in Days: 120  Net Change from Previous Change Order(s)i in! Days/o Contract Time Priort tot this Change Order in Days Net Increase/Decrease oft this Change Orderi in Days:  473,306.40 -4,800  120 136  Page: 1of3    COMMUNITY DEVELOPMENT & REVITALIZATION The1 Texas General Land Office Construction Change Order Request  Contract Pricev with All Approved Change Orders: Cumulative Percent)-1.01% Change in Contract Pricel (+/-L Construction Contract,4/29/2024 Start Date:  468,506.40  Contract Time with AIIA Approved Change Orders in256  Days:  1/31/2025 10/11/2024  Subrecipient Contract End Date: Construction Contract End Date:  Reimbursements of costs included Int this change order are subject to.r review by GLO-CDR.  *This document may! be executed prior tos submission for GLO-CDRI revlew, but all parties involved willl be heldr responsible Ift the change order or amendment warranted as a result of this change order Is not Inc compliance with CDBG or HUD Requiremements  71 -  Noak Baper Contractor: Signature Infrastructure Rehabilitation USA Contractor Name and" Title (Printed): Noak Baker Contractor: Signature  Subrecipient Signature Subrecipient Nam and' Title (Printed) Subrecipient Signature Justificationi for Change Order  Engineer Signature SEIIOR EN GINEER Engineer Name and1 Title (Printed) Engineer Signature  30A7 CARCOS CAPITAS Noah Baker, CAO,  1 Willt this change orderi increase ord decreaset ther number ofk beneficlaries? Iftherei isac change, howr many beneficiaries willl be affected 2. Effect oft this change ont the scope of work: 3. Elfect on operationa and maintenance costs:  Increase DDecrease NoChange Increase DDecrease ONoChange Increase DDecrease No Change Yes C No  Total  LMI  4. Are allp pricesi int the change order dependent upon unit prices foundi int the original bid?  If'no", explain:  5.H Has the change created newo circumstances ore environmental conditions whichr may affect the project's impact, such as concealed or unexpected conditions discovered during actual  Yes E No  construction?  If'yes", Is ane environmental assessment required?  Effective. June 2020  Page 2of3    COMMUNITY DEVELOPMENT & REVITALIZATION The Texas General Land Office Construction Change Order Request  6.1 Ist the Texas Council on Environmental Quality (TCEQ) clearance still valid (if applicable)? 8.A Aret the disability access equrements/epproval still valid (ifa applicable)? 9. Are other Disaster Recovery contractural special condition clearances: still valid?  Yes L No Yes L. No Yes L No Yes  7.Ist the CCN permit still valid? (sewer projects only)  No  If'"no", explain:  Disclaimer: The Texas General Land Oficeh has made every effort toe ensure thei information containedo ont this formi is accurate andi inc compliance with ther most up-to- date CDBG-DR and/or CDBG-MIT federal rules and regulations, as applicable. Its should ber notedt that the7 Texas General Land Office assumes nol liability orr responsibility- forc anye error or omission on this form that may result from thei interim period between thep publicationo ofa amended and/or revised federalr rules andr regulations and the  Texas General Land Office's standardr review andu updates schedule.  Effective. June: 2020  Page 3of3    AGENDA ITEM #20    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  October 28, 2024  SUBJECT: Consider Approving Construction Contract with R.S. Parker Construction: LLC  for the General Land Office (GLO) Community Development Block Grant Mitigation (CDBG-MIT) Contract No. 22-085-009-D237 - Project 2: N. 19th  Street Storm Water Improvements Project  Summary:  Bid No. 24-19 for Project 2 was awarded at the last City Commission meeting on. October 15, 2024. We are now requesting approval to award the construction contract in the amount  of $1,630,804.89. Contract time is 180 calendar days.  Background:  This project was advertised in the local newspaper on August 22nd and 29th and city's website. Sealed bids for Bid No. 24-19 (Project 2) were received prior to the deadline of  September 17, 2024, at 2:00pm and read out loud, from three bidders: 1. R.S. Parker Construction LLC, Corpus Christi, Texas 2. JE Construction Services, Corpus Christi, Texas 3. PM Construction & Rehab LLC, Pasadena, Texas  The base bids range from $1,630,804.89 to $2,623,783.00. After careful evaluation, on October 15, 2024, staff recommended and City Commission approved awarding the contract to the lowest bidder, R.S. Parker Construction LLC, for the amount of $1,630,804.89. The  parties have negotiated a contract that now needs to be approved.  Financial Impact:  Project 2 will be funded by the General Land Office Hurricane Harvey Mitigation Grant (Fund  122) in the amount of $1,630,804.89.  Recommendation: Staff recommends:  Ns    City of Kingsville Engineering Dept.  1. Approving the construction contract between City and R.S. Parker Construction LLC  int the amount of $1,630,804.89.  2. Authorizing the City Manager to sign the Construction Contract.  Attachments: Construction Contract  CITY  OF Kigyle    RESOLUTION #2024-  A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH R.S. PARKER CONSTRUCTION LLC FOR THE GLO CDBG-MIT CONTRACT 22-085-009-D237 PROJECT 2: N. 19TH STREET- STORM WATER MPROVEMENTS PROJECT; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kingsville (City) intends to make some sanitary sewer improvements through a General Land Office (GLO) Community Development Block Grant (CDBG) -Mitigation (MIT) program via Contract No. 22-085-009- D237 Project 2: N. 19th Street- Storm Water Improvements Project and went out for bids via BID #24-19 which was advertised on August 22nd & 29th,2024; WHEREAS, three bids were received on September 17, 2024 responsive to BID #24-19 and after reviewing the bid submittals staff and the outside engineer (ICE) recommended the bid be awarded to the low bidder, which was R.S. Parker WHEREAS, the City awarded BID#24-19 to Vendor at a Commission meeting on WHEREAS, the City and Vendor worked to prepare a contract for GLO CDBG- MIT Contract No. 22-085-009-D237 Project 2: N. 19th Street Storm Water Improvements Project and the parties both agreed to the terms of the proposed contract for a total amount of $1,630,804.89 with a contract time of 180 calendar BE IT RESOLVED by the City Commission of the City of Kingsville, Texas:  Construction LLC, from Corpus Christi, Texas (vendor); October 15, 2024 for a total amount of $1,630,804.89;  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 execute the Construction Contract for General Land Office (GLO) Community Development Block Grant (CDBG) -Mitigation (MIT) program via Contract No. 22-085-009-D237 Project 2: N.1 19th Street -Storm Water Improvements Project between the City of Kingsville, Texas and R.S. Parker Construction LLC as per staff recommendation and in accordance with Exhibit A hereto attached and made a part hereof.  H.  THAT all resolutions or parts of resolutions in conflict with this resolution are  repealed to the extent of such conflict only.  1    III.  THAT this Resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote of the City Commission on the  28th day of October  2024.  Sam R. Fugate, Mayor  ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  2    CONSTRUCTION CONTRACT  THIS AGREEMENT made this the 28TH day of OCTOBER, 2024, by and between R.S.F PARKER CONSTRUCTION LLC (a corporation organized and existing under the laws oft the State of TEXAS) hereinafter called the' "Contractor, and City of Kingsville hereinafter called the' "City. WITNESSETH, that the Contractor and the City fort the considerations stated herein mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services, and perform and complete all work required fort the construction of thel Improvements embraced in the Project; namely, (GLO SWI PROJECT: 2 (N. 19THS ST) STORM WATER. IMPROVEMENTS CDBG-MIT GLO CONTRACTNO. 22-085- 009-D237) for the Community Development Block Grant - Mitigation (CDBG-MIT) project, all in strict accordance with the contract documents including all addenda thereto, numbered N/A, dated N/A and N/A, all as prepared by International Consulting Engineers (ICE) acting and in these contract documents preparation, ARTICLE 2. The Contract Price. The City will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit prices stipulated ini thel Bid fort the several respective items of work completed subject to additions and deductions as providedi in $1.630.804.89 hereof. ARTICLE 3. The Contract. The executed contract documents shall consist of the following components:  referred to as the' Engineer".  a. This Agreement (pgs. 1-3) b.A Addenda C.I Invitation for Bids d. Instructions to Bidders e. Signed Copy of Bid  f. General Conditions, Partl I g. Special Conditions h. Technical Specifications .Drawings (as listed ini the Schedule of Drawings) j-D [Add any applicable documents)  ARTICLE 4. Performance. Work, in accordance with the Contract dated OCTOBER 28, 2024, shall commence on or before January2.2025, and Contractor shall complete the WORK within 180 consecutive calendar days thereafter. The date of completion of all' WORK is therefore July 1,2025, This Agreement, together with other documents enumerated in this ARTICLE 3, which said other documents are as fully a part of the Contract as ifhereto attached or herein repeated, forms the Contract between the parties hereto. Ini the event that any provision in any component part of this Contract conflicts with any provision ofa any other component part, the provision of the component part first enumerated in this ARTICLE 3 shall IN WITNESS WHEREOF, the parties hereto have caused this Agreement tol be executed in triplicate original  govern, except as otherwise specifically stated. copies on the day and year first above written.    FORCONTRACTOR:  R.S. PARKER CONSTRUCTIONLLC: 455 HEREFORD RD. CORPUS CHRISTI TX, 78408  By Title Owner FORCITY: City of Kingsville 400 West King Ave., Kingsville, TX78363 P.O. Box 1458 Kingsville, TX78364 By Mark McLaughlin Title City Manager Corporate Certifications  certify thatla am the.  of the corporation named as Contractor  herein, that  who signed this Agreement on behalf of the Contractor, was then  of said corporation; that said Agreement was duly signed for and in behalf of said  corporation by authority of its governing body, and is within the scope of its corporate powers.  Corporate Seal  (Corporate Secretary)    AGENDA ITEM #21    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  October 28, 2024  SUBJECT: Consider Approving Construction Contract with R.S. Parker Construction LLC  for the General Land Office (GLO) Community Development Block Grant Mitigation (CDBG-MIT) Contract No. 22-085-009-D237 - Project 13: W.  Johnston. Ave. Storm Water Improvements Project  Summary:  Bid No. 24-22 for Project 13 was awarded at the last City Commission meeting on October 15, 2024. We are now requesting approval to award the construction contractin the amount  of $611,624.49. Contract time is 150 calendar days.  Background:  This project was advertised in the local newspaper on August 22nd and 29th and city's website. Sealed bids for Bid No. 24-22 (Project 13) were received prior to the deadline of  September 17, 2024, at 2:00pm and. read out loud, from two bidders: 1. R.S. Parker Construction LLC, Corpus Christi, Texas 2. JE Construction Services, Corpus Christi, Texas  The base bids range from $611,624.49 to $791,798.00. Alternate No. 1 bids range from $764,999.00 to $991,552.43. The total bids range from $1,556,797.00 to $1,603,186.92. After review, on October 15, 2024, staff recommended and City Commission approved awarding the project to the lowest bidder, R.S. Parker Construction LLC, for the base bid amount of $611,624.49. The parties have negotiated a contract that now needs approval.  Recommendation: Staff recommends:  1. Approving the construction contract between City and R.S. Parker Construction LLC  in the amount of $611,624.49.  2. Authorizing the City Manager to sign the Construction Contract  Attachments: Construction Contract  CITY B KI    RESOLUTION #2024-  A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH R.S. PARKER CONSTRUCTION LLC FOR THE GLO CDBG-MIT CONTRACT 22-085-009-D237 PROJECT 13: W. JOHNSTON AVE. STORM WATER MPROVEMENTS PROJECT; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE  DATE.  WHEREAS, the City of Kingsville (City) intends to make some sanitary sewer improvements through a General Land Office (GLO) Community Development Block Grant (CDBG) -Mitigation (MIT) program via Contract No. 22-085-009- D237 Project 13: W. Johnston Ave. Storm Water Improvements Project and went out for bids via BID #24-22 which was advertised on August 22nd &2 29th, ,2024; WHEREAS, two bids were received on September 17, 2024 responsive to BID #24-22 and after reviewing the bid submittals staff and the outside engineer (ICE) recommended the bid be awarded to the low bidder, which was R.S. Parker WHEREAS, the City awarded BID#24-22 to Vendor at a Commission meeting on WHEREAS, the City and Vendor worked to prepare a contract for GLO CDBG- MIT Contract No. 22-085-009-D237 Project 13: W. Johnston Ave. Storm Water Improvements Project and the parties both agreed to the terms of the proposed contract for a total amount of $611,624.49 with a contract time of 150 calendar  Construction LLC, from Corpus Christi, Texas (vendor); October 15, 2024 for a total amount of $611,624.49;  days;  BE IT RESOLVED by the City Commission of the City of Kingsville, Texas:  I.  THAT the City Commission approves and the City Manager is authorized and directed as an act of the City of Kingsville, Texas to execute the Construction Contract for General Land Office (GLO) Community Development Block Grant (CDBG) -Mitigation (MIT) program via Contract No. 22-085-009-D237 Project 13: W. Johnston Ave. Storm Water Improvements Project between the City of Kingsville, Texas and R.S. Parker Construction LLC as per staff recommendation and in accordance with Exhibit A hereto attached and made a part hereof.  1    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  28thday of October  2024.  Sam R. Fugate, Mayor  ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  2    CONSTRUCTION CONTRACT  THIS AGREEMENT made this the 28TH day of OCTOBER, 2024, by and between R.S.PARKER CONSTRUCTIONLLCI (a corporation organized ande existing under the laws of the State of TEXAS) hereinafter called the Contractor", and City of Kingsville hereinafter called the' "City. WITNESSETH, that the Contractor and the City fort the considerations stated herein mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services, and perform and complete all work required for the construction of thel Improvements embraced in the Project; namely, (GLO SW/PROJECT 13 (WJOHNSTON. AVE.) STORM WATER IMPROVEMENTS CDBG-MIT GLO CONTRACT NO. 22-085-009-D237) fort the Community Development Block Grant = Mitigation (CDBG-MIT) project, alli in strict accordance with the contract documents including all addenda thereto, numbered N/A, dated N/A and N/A, all as prepared by International Consulting Engineers (ICE) acting and in these contract documents ARTICLE 2. The Contract Price. The City will pay the Contractor for the performance of the Contract in current funds, for the total quantities of work performed at the unit prices stipulated in thel Bid for the several respective items of work completed subject to additions and deductions as providedi in$611.62449hereoi. ARTICLE 3. The Contract. The executed contract documents shall consist of thet following components:  preparation, referred to as the "Engineer".  a. This Agreement (pgs. 1-3) b. Addenda C. Invitation for Bids d. Instructions to Bidders e. Signed Copy of Bid  f.General Conditions, Partl g. Special Conditions h.T Technical Specifications i.Drawings (as listed ini the Schedule of Drawings) j.[Add any applicable documents]  ARTICLE 4. Performance. Work, in accordance with the Contract dated OCTOBER: 28, 2024, shall commence on or before January2.2025 and Contractor shall complete the WORK within 150 consecutive calendar days thereafter. The date of completion of all WORK is therefore June 1. 2025, This Agreement, together with other documents enumerated int this ARTICLE: 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. Ini the event that any provision in any component part oft this Contract conflicts with any provision of any other component, part, the provision oft the component part first enumerated int this ARTICLE 3 shall INV WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in triplicate original  govern, except as otherwise specifically stated. copies on the day and year first above written.    FOR CONTRACTOR:  R.S. PARKER CONSTRUCTIONLLC: 455 HEREFORD RD. CORPUS CHRISTITX, 78408  By Title Owner FORCITY: City of Kingsville 400 West King Ave., Kingsville, TX78363 P.O. Box 1458 Kingsville, TX78364 By Mark McLaughlin Title City Manager Corporate Certifications  certify that Ia am the  of the corporation named as Contractor  herein, that  who signed this Agreement on behalf of the Contractor, was then  of said corporation; that said Agreement was duly signed for and in behalf of said  corporation by authority of its governing body, and is within the scope of its corporate powers.  Corporate Seal  (Corporate Secretary)    AGENDA ITEM #22    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  October 28, 2024  SUBJECT: Consider Approving Construction Contract with Donald Hubert Construction  Co. for the General Land Office (GLO) Community Development Block Grant Mitigation (CDBG-MIT) Contract No. 22-085-009-D237 = Project 6: Carlos  Truan Blvd - Storm Water improvements Project  Summary:  Bid No. 24-20 for Project 6 was awarded at the last City. Commission meeting on October 15, 2024. We are. now requesting approval to award the construction contracti in the amount  of $149,124.00. Contract time is 120 calendar days.  Background:  This project was advertised in the local newspaper on August 22nd and 29th and city's website. Sealed bids for Bid No. 24-20 (Project 6) were reçeived prior to the deadline of  September 17, 2024, at 2:00pm and read out loud, from five bidders: 1. R.S. Parker Construction LLC, Corpus Christi, Texas 2. JE Construction Services, Corpus Christi, Texas 3. PM Construction & Rehab LLC, Pasadena, Texas 5. Donald Hubert Construction Co., Kingsville, Texas  4. RXDX, Sinton, Texas  The base bids ranged from $149,124.00 to $450,146.00. After review, on October 15, 2024, staff recommended and City Commission approved awarding the project to the lowest bidder, Donald Hubert Construction Co., for the base bid amount of $149,124.00. The parties have negotiated a contract that now needs to be approved.  Financial Impact:  Project 6 will be funded by the General Land Office Hurricane Harvey Mitigation Grant (Fund  122) in the amount of $149,124.00  cy B Kngylle    City of Kingsville Engineering Dept.  Recommendation: Staff recommends:  1. Approving the construction contract between City and Donald Hubert Construction  Co.; in the amount of $149,124.00.  2. Authorizing the City Manager to sign the Construction Contract.  Attachments: Construction Contract  Cy B Kigyle    RESOLUTION #2024-  A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH DONALD HUBERT CONSTRUCTION CO. FOR THE GLO CDBG-MIT CONTRACT 22-085-009-D237 PROJECT 6: CARLOS TRUAN BLVD. STORM WATER IMPROVEMENTS PROJECT; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN  EFFECTIVE DATE.  WHEREAS, the City of Kingsville (City) intends to make some sanitary sewer improvements through a General Land Office (GLO) Community Development Block Grant (CDBG) -Mitigation (MIT) program via Contract No. 22-085-009- D237 Project 6: Carlos Truan Blvd. Storm Water Improvements Project and went out for bids via BID #24-20 which was advertised on August 22nd & 29th, 2024; WHEREAS, five bids were received on September 17, 2024 responsive to BID #24-20 and after reviewing the bid submittals staff and the outside engineer (ICE) recommended the bid be awarded to the low bidder, which was Donald Hubert WHEREAS, the City awarded BID#24-20 to Vendor at a Commission meeting on WHEREAS, the City and Vendor worked to prepare a contract for GLO CDBG- MIT Contract No. 22-085-009-D237 Project 6: Carlos Truan Blvd. Storm Water Improvements Project and the parties both agreed to the terms of the proposed contract for a total amount of $149,124.00 with a contract time of 120 calendar BE IT RESOLVED by the City Commission of the City of Kingsville, Texas:  Construction Co. from Kingsville, Texas (vendor); October 15, 2024 for a total amount of $149,124.00;  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 execute the Construction Contract for General Land Office (GLO) Community Development Block Grant (CDBG) -Mitigation (MIT) program via Contract No. 22-085-009-D237 Project 6: Carlos Truan Blvd. Storm Water Improvements Project between the City of Kingsville, Texas and Donald Hubert Construction Co. as per staff recommendation and in accordance with Exhibit A hereto attached and made a  part hereof.  II. 1    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  28th day of October  2024.  Sam R. Fugate, Mayor  ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  2    CONSTRUCTION CONTRACT  THIS AGREEMENT made this the 28TH day of OCTOBER, 2024, by and between DONALD HUBERT CONSTRUCTION (a corporation organized ande existing under the laws of the State of TEXAS) hereinafter called the' "Contractor", and City of Kingsville hereinafter called the "City. WITNESSETH, that the Contractor and the City for the considerations stated herein mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services, and perform and complete all work required for the construction oft the Improvements embraced in the Project; namely, ( GLO SW PROJECT6 (E. CARLOS TRUAN BLVD.)STORMI WATER IMPROVEMENTS CDBG-MIT GLO CONTRACTNO. 22-085-009-D237 for the Community Development Block Grant = Mitigation (CDBG-MIT) project, all in strict accordance with the contract documents including all addenda thereto, numbered N/A, dated N/A and N/A, all as prepared by International Consulting Engineers (ICE) acting andi int these contract ARTICLE: 2. The Contract Price. The City will pay the Contractor for the performance of the Contract in current funds, for thet total quantities of work performed at the unit prices stipulated in the Bid for the several respective items of work completed subject to additions and deductions as provided in$149.124.00 hereof. ARTICLE 3. The Contract. The executed contract documents shall consist of the following components:  documents preparation, referred to as the Engineer".  a. This Agreement (pgs. 1-3) b. Addenda C. Invitation for Bids d. Instructions to Bidders e. Signed Copy of Bid  f. General Conditions, Partl g. Special Conditions h.7 Technical Specifications .Drawings (as listed ini the Schedule of Drawings) j-[Add any applicable documents]  ARTICLE 4. Performance. Work, in accordance with the Contract dated OCTOBER: 28, 2024, shall commence on or before January2.2025 and Contractor shall complete the WORK within 120 consecutive calendar days thereafter. The date of completion of all WORK is therefore May 2. 2025. This Agreement, together with other documents enumerated in this ARTICLE 3, which said other documents are as fully a part of the Contract as if hereto attached or herein repeated, forms the Contract between the parties hereto. In the event that any provision in any component part oft this Contract conflicts with any provision ofany other component part, the provision oft the component part first enumerated int this ARTICLE 3 shall IN WITNESS WHEREOF, the parties hereto have caused this Agreement tol be executed in triplicate original  govern, except as otherwise specifically stated. copies on the day and year first above written.    FOR CONTRACTOR:  DONALD. HUBERT CONSTRUCTION P.O.BOX 84 KINGSVILLE TX, 78364 By Title Owner FOR CITY: City of Kingsville 400 West King Ave., Kingsville, TX78363 P.O. Box 1458 Kingsville, TX78364 By Mark McLaughlin Title City Manager Corporate Certifications  certify that! I am the.  of the corporation named as Contractor  herein, that  who signed this Agreement on behalf of the Contractor, was then  of said corporation; that said Agreement was duly signed for and in behalf of said  corporation by authority of its governing body, and is within the scope ofi its corporate powers.  Corporate Seal  (Corporate Secretary)    AGENDA ITEM #23    Achonze Repans  City of Kingsville Purchasing Department  TO: CC: FROM: DATE:  Mayor. and City Commissioners Mark McLaughlin, City Manager Charlie Sosa Purchasing Manager October 21, 2024  SUBJECT: Budget Amendment for Emergency Repairs to City Hall HVAC System  Summary:  This item authorizes the approval of a Budget Amendment in the amount of $65,100.00 to cover emergency repairs to the chiller at City Hall Complex in the Facilities Line Item. Facilities is requesting a budget amendment to cover emergency repairs to the HVAC chiller at City Hall Complex. The circuit #2 compressor started going out in August. Staff contacted Malek Inc. of Corpus Christi to work on it and they have kept the unit working until recently. The excessively hot summer and higher than normal September and October temperatures have put a strain on the HVAC: system speeding up its decline. The compressor went out this month and will need to be replaced with coils and contactors. The total amount to replace both compressors, coils and contactors will be $ 65,100.00, please see attached quote. Itis vital to have a fully functioning HVAC system for City Hall, which houses critical staff, archives, and the network/computer system.  Background:  Financial Impact:  Staff is requesting that additional funds be transferred from fund 001-5-1030-86000 Budget Amendment Reserves to 1805 Facilities, Fund #51103 Building Maintenance City  Hall Complex in the amount of $65.100.00.  Recommendation: HVAC system.  It is recommended the City Commission approve: 1)the emergency repair to the HVAC System at City Hall, and 2) the Budget Amendment for emergency repairs to the City Hall   Kingsyille    MALEKeING 2521ANTELOPE  P:O:BOX679  CORPUS CHRISTI, TX78403.  (361)888-8287  FAX(361)8 888-7257.  Harold Palmer, Responsible Master Plumber M-38271 Regulated by Texas State Board of Plumbing Examiners  POI Box 4200, Austin TX7 78765 512-936-5200  SCR-U-2165315, RME-U-2165085 Underground Fire Sprinkler License  Regulated by the Texas Department of Licensing & Regulation, P.O. Box 12157, Austin, TX78711, 1-800- 059202/1512-46569. License No. TECL30033 License No. TAssCmmatintesge"  Date:August 9, 2024 To: City of Kingsville Attn: Charlie Sosa Re: City Hall-Chiller Repair  We: are pleased to present our proposal fort the above referenced project. We propose to furnishi the necessary, labor, material, and equipment to complete the HVAC/Mechanlalscope: of work per plans  and specs, in accordance with thet following:  DRAWINGS: CLARIFICATIONS: Wei include thet following:  1. Replace two compressors in circuit #2 2, Replace two compressor contactors  3. Replace both condenser coils and refrigerant filter driers & new R410A refrigerant 4. Downi time for this repair is 6 days, recommend having ai temporary chiller or wait for cold 6. Warrantywil! be 1 year on new coils, 3 years on new compressors, 90 days labor  weather.  5. Includes crane. service andi trucking.  EXCLUSIONS:  Our proposal does not include thet following: 1. Temporary chiller rental 2. Sales Tax.  3. Clean-up (we will clean up our owni identifiable scrap). 4. Bid based on 401 hour work week, no overtime included. 5. Abatement, removal ofa any HAZMAT.  Pagelof2    MALEKeING. 2521:ANTELOPE  P.0.BOX679 GENERAL CONDITIONS:  CORPUS CHRIST TX78403  (361)888-8281  FAX61)888-7257  1. We will not accept contract terms that are more stringent or onerous than the terms of the  prime contract.  2. We acknowledge receipt of Addenda 3. This proposal is good for (30) days.  N/A  4. Ifawarded this project, this document must be made part of our contract.  HVAC BASE BID PRICE:  $  65,100.00  We appreciate this opportunity to present our proposal. Please do not hesitate to call ify you have any  questions or require any further assistance.  Randy Bartlett Service Manager 50 1970-2020 MALEK-INGe MEPCONTRACTOR  YEARS  Page 2of2    AGENDA ITEM #24    Budgt Ay  City of Kingsville Purchasing Department  TO: CC: FROM: DATE:  Mayor and City Commissioners Mark McLaughlin, City Manager Charlie Sosa Purchasing Manager October 21, 2024  SUBJECT: Budget Amendment for Emergency Repairs to City Hall HVAC System  Summary:  This item authorizes the approval of a Budget Amendment in the amount of $65,100.00 to cover emergency repairs to the chiller at City Hall Complex in the Facilities Line Item. Facilities is requesting a budget amendment to cover. emergency repairs to the HVAÇ chiller at City Hall Complex. The circuit #2 compressor started going out in August. Staff contacted Malek Inc. of Corpus Christi to work on it and they have kept the unit working until recently. The excessively hot summer and higher than normal September and October temperatures have put a strain on the HVAC: system speeding up its decline. The compressor went out this month and will need to be replaced with coils and contactors. The total amount to replace both compressors, coils and contactors will be $ 65,100.00, please see attached quote. Iti is vital to have a fully functioning HVACS system for City Hall,  Background:  which houses critical staff, archives, and the network/computer system.  Financial Impact:  Staff is requesting that additional funds be transferred from fund 001-5-1030-86000 Budget Amendment Reserves to 1805 Facilities, Fund #51103 Building Maintenance City  Hall Complex in the amount of $65.100.00.  Recommendation: HVAC system.  It is recommended the City Commission approve: 1) the emergency repair to the HVAC System at City Hall, and 2) the Budget Amendment for emergency repairs to the City Hall  Ns    MALEK-ING.  P.O. BOX679  2521ANTELOPE  CORPUS CHRISTI, TX78403  (361)888-8281  FAX/36)888-7257  Harold Palmer, Responsible Master Plumber M-38271 Regulated by Texas State Board of Plumbing Examiners  PO Box 4200, Austin TX78765 512-936-5200  SCR-U-2165315, RME-U-2165085 Underground Fire Sprinkler License  Regulated by the Texas Department ofl Licensing & Regulation, P.O. Box 12157, Austin, TX78711, 1-800- 09202/151246)659. License No. TECL30033 License No. ACA63Cmmxtrtease"  Date:August: 9, 2024 To: City of Kingsville Attn: Charlie Sosa Re: City Hall-Chiller Repair  We are pleased to present our proposal fori the above referenced project. We propose tot furnish the necessary labor, material, and equipment to complete the HVAC/Mechanical. scope of work per plans  and specs, ina accordance with the following:  DRAWINGS: CLARIFICATIONS: Wei include the following:  1. Replace two compressors in circuit #2 2. Replace two compressor contactors  3. Replace both condenser coils and refrigerant filter driers & new R410A refrigerant 4. Downi time fort this repair is 6 days, recommend having at temporary chiller or waiti for cold 6. Warranty willl be 1y year on new coils, 3 years on new compressors, 90 days labor  weather.  5. Includes crane: service and trucking.  EXCLUSIONS:  Our proposal does not include thei following: 1. Temporary chiller rental 2. Sales Tax.  3. Clean-up (we will clean up our owni identifiable scrap). 4. Bid based on 401 hour work week, no overtime included. 5. Abatement, removal of any HAZMAT.  Page 1of2    MALEKeING.  P.0.BOX679 GENERAL CONDITIONS:  2521,ANTELOPE  CORPUS CHRISTI, TX78403  (361)888-8281  FAX/361)888-7257  1. We will not accept contract terms that are more stringent or onerous than thet terms of the  prime contract.  2. We acknowledge receipt of Addenda 3. This proposal is good for (30) days.  N/A  4. Ifawarded this project, this document must be made part of our contract.  HVAC BASE BID PRICE:  $  65,100.00  We appreciate this opportunity to present our proposal. Please do not hesitate to call if you have any  questions or require any further assistance.  Randy Bartlett Service Manager 50 1970-2020 MALEK-ING. MEPSONTRACTOR  VEARS  Page 2of2    ORDINANCE NO. 2024-  AN ORDINANCE AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO APPROPRIATE FUNDING FOR EMERGENCY REPAIRS ON THE CITY HALL AIR CONDITIONING UNIT.  WHEREAS, it was unforeseen when the budget was adopted that there would be a need for  funding for these expenditures this fiscal year.  I.  BE IT ORDAINED by the City Commission of the City of Kingsville that the Fiscal Year 2024-  2025 budget be amended as follows:  CITY OF KINGSVILLE DEPARTMENT EXPENSES BUDGET AMENDMENT - BA#4 Account Name  Dept Dept Name No. Fund 001 - General Fund Expenditures -5 1805 Facilities  Account Budget Number Increase Decrease  Budget  1030 City Special Budget Amend Reserve  86000 51103  $65,100  Building Maintenance  $65,100  [To amend the City of Kingsville FY 24-25 budget to appropriate funding for an emergency repair on the City Hall air conditioning unit. Funding will come from the Budget Amendment  Reserve line item. Current funding available is $300,000.]  II.  THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the  extent of such conflict only.  III.  THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given  full force and effect for its purpose.  1    IV.  THAT this Ordinance shall not be codified but shall become effective on and after adoption and  publication as required by law.  INTRODUCED on this the 28th day of October 2024.  PASSED AND APPROVED on this the 12th day of November 2024.  EFFECTIVE DATE:  Sam R. Fugate, Mayor  ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  2    AGENDA ITEM #25    CITY MANAGER EMPLOYMENT AGREEMENT  THIS EMPLOYMENT AGREEMENT is made and entered into this the  day of  October. 2024 January,2023, by and between the CITY OF KINGSVILLE, TEXAS (hereinafter referred to as the "City"), a Texas home-rule municipality, and MARK A. MCLAUGHLIN (Aereinafterreferedtoa as "Manager"), both ofwhich parties hereto understand and agree as: follows:  WITNESSETH:  WHEREAS, the Kingsville City Commission desires to employ MARK A. WHEREAS, it is the desire of the City Commission to provide certain benefits, establish certain conditions of employment, and to set certain working conditions of said Manager; and WHEREAS, City Commission and MARK A. MCLAUGHLIN entered into a City Manager Employment Agreement on, or about October 28, 2019 for a start date of December 2, 2019, and renewed the contract on July 12, 2021 and the parties desire to amend and extend the  MCLAUGHLIN as. City Manager for the City ofKingsville, Texas; and  most recent agreement; and  WHEREAS the agreement: was approved! foraone-year extension on] July12.2021via Resolution #2021-45.whichr would have ended on Desember1.2023-howevén.anamendand stendoihatamemmtva donevia Resolution: #2023-03on lanuary/09.2023-and  WHEREAS, the parties have worked on anew employment contract for this position that would include a two-year term starting December- 2,2024, have an automatic one-year renewal unlessi notified ofanintentnoti to renew by October1.2026and haveac compensation  increase starting October1-2024:and  WHEREAS, MARK A. MCLAUGHLIN desires to accept continued employment as NOW, THEREFORE, for and in consideration of the mutual covenants and agreements  Manager, and an officer, ofs said City on the terms outlined herein.  herein contained, and hereinbefore stated, the parties hereto agree as follows:  A. Duties and Responsibilities  As City Manager, Manager agrees to perform all duties and responsibilities as described in the City Charter, the Municipal Code, the ordinances of the City, and as reasonably directed by the City Commission. It is specifically understood and agreed that the Manager must remain. a  Kingsville resident as long as he serves as Kingsville's City Manager.  B. Salary    The Manager will: receive an annual salary of$180.000 $166,893 payable in equal installments on the same schedule as other City employees beginning in the fiscal year starting October 1, 2022 2024. Thereafter, City agrees to consider increasing said salary and/or other benefits ofManager in such amounts and to such an extent as the City Commission may determine that is desirable to do SO, on the basis ofa an annual performance evaluation and/or salary review oft the Manager. The Manager agrees he will not receive any compensation from City (ie, anniversary step increases,  longevity pay, COLA, or other incentives) not specifically mentioned herein.  C. Automobile Allowance  The City agrees to pay Manager an annual automobile allowance of $4,800.00 payable in equal installments ont the same schedule as other City officers or employees with automobile: allowances. The automobile allowance shall be subject to review from time to time by the City Commission and accordingly modified, if deemed necessary. This automobile allowance shall cover all automobile-related expenses incurred by Manager, including expenses for automobile repair, maintenance, insurance, operation and replacement. Manager shall receive additional reimbursement for excess mileage outside the area as defined in the City of Kingsville "Travel  Policy".  D. Vacation Leave & Sick Leave  Vacation and Sick leave shall be calculated in accordance with the. City of Kingsville "Administrative Policies and Procedures Manual". The Manager shall accrue 120 hours of vacation leave annually earned at a rate of 4.62 hours bi-weekly. The Manager shall accrue 80  hours of sick leave annually earned at a rate of3.071 hours bi-weekly.  E. Health Insurance  The Manager shall be eligible for coverage by the City's group medical insurance plan. The Manager may elect tol have his/her eligible dependents covered under thel health plan with the City contributing aj percentage of the premiums as established by the City Commission. The fixed rate for the monthly premium for the Manager and his eligible dependents (spouse ori family coverage), should he elect toj pay for such coverage, shall be the same as that paid by other city employees for  the same type of coverage. F. Life Insurance  The City agrees to provide the Manager a basic life insurance plan equal to his annual salary for the term ofthis agreement. The City of Kingsville pays all premiums associated with this policy. The Manager may, at his option and at his cost, increase the basic life insurance plan amount, if  such higher insurance is available under the City's life insurance plan.  G. Moving and Relocation Allowance  2    Not needed.  H. Termination and Severance Pay  In the event the City Commission decides to not renew the Manager's contract or terminates the Manager's employment during such time the Manager is willing and able to continue performing the duties of the City Manager, then the City agrees to pay a lump sum cash payment (less any TMRS & taxes) equal to six (6) months full salary (salary & automobile allowance only), plus the value of all vacation leave accrued by, or credited to, the Manager prior to the termination; provided, however, in the event that severance is paid to Manager, Manager agrees that he shall contemporaneously execute and deliver to the City a full release ofany and all claims that he may have against the City. The failure to execute and deliver such release shall nullify any obligation In the event the City Commission terminates the Manager's employment because of the commission ofa an illegal act, including but not limited to, acts involving personal gain, corruption, misconduct or malfeasance in office, any felony, violation of the City Charter or the Administrative Policies and Procedures Manual or the City of Kingsville "Code of] Ethics", then the City shall have no obligation whatsoever toj pay any severance pay designated in this section.  by the City toj pay severance.  I.  Texas Municipal Retirement System  Contributions to Texas Municipal Retirement System (TMRS) are mandatory for all full-time employees. Contribution rates and other policies oft the City's TMRS Plan are determined by the  City Commission and are subject to change. Performance Evaluation  J.  Itw will be the responsibility of the Manager to work with the Mayor and develop performance criteria within six months of his renewal date. The Commission must approve the performance criteria developed by the Manager. The Commission shall review and evaluate the performance of thel Manager at least once annually utilizing the performance criteria approved by the Commission. The review oft the Manager's performance shall be in writing and in accordance with criteria and format approved by the Commission. The Commission shall provide the Manager a reasonable and adequate opportunity to discuss with the Commission and/or respond to the Manager's evaluation. The annual performance reviews and evaluations shall be reasonably related to the Manager's written job description and shall be based, in whole or in part, on the performance criteria jointly developed and adopted by the Commission and Manager. Adjustment of base  salary, ifany, is at the sole discretion oft the City Commission.  K. Business Equipment and Expenses  The City shall provide the Manager with all necessary business equipment including personal computers and a cell phone with "smart phone technology." The Manager will be reimbursed for any other necessary business equipment or services not provided by the City according to City  policy and guidelines.  3    L. Starting Date and Notice ofl Resignation  The Manager commenced employment with the City on December 2, 2019. The Manager agrees toj provide the City Commission ai minimum of30 days written notice ifhe chooses to resign his  position and terminate this agreement.  M. Civic. Activities  The Manager is encouraged to participate in çommunity and civic organizations and activities. Membership dues and participation costs will be paid by the City, subject to annual appropriation  by the City Commission.  N. Professional Dues, Education and' Training  The City agrees to reimburse membership dues in ICMA and TCMA, and forr reasonable expenses incurred in the attendance at annual conferences and/or regional conferences. Such reasonable expenses shall be defined asi including conference registration fees, coach/economy air fares, hotel accommodations and meals in accordance with the City'stravel policy. In addition, the City agrees to reimburse reasonable expenses incurred in attendance at one other professional development conference or training opportunity as approved by the Mayor or his designee. Developing and maintaining professional association contacts and standing provide the City access to valuable resources, and thei reasonable participation and related travel by the Manager. All dues, continuing education and travel expenses are subject to annual appropriation by the City Commission.  O. Bonds law or ordinance. P.  The City shall bear the full cost of any fidelity or other bonds required of the Manager under any  Indemnification  The City will defend, hold harmless, andi indemnify Manager against any tort, professional liability claim or demand, or other civil legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the duties as City Manager, except for intentional acts or acts of gross negligence or other acts not covered by the City'si insurance carrier policy. The City will compromise and settle any such covered claim or suit, ati its sole option, and settle any such covered claim or suit and pay the amount of any settlement or judgment rendered  thereon.  Q. Term of Agreement  4    This agreement shall be for a term oftwo (2) years from the start date of December 2, 2022 2024, expiring on December 1, 20242026. This agreement may be terminated in accordance with the provisions of Paragraph H and may be extended or renewed at any time during the term upon mutual agreement oft the parties. Ifthe City Commission takes no action regarding renewal oft the Agreement prior to October 1, 20242026, and the Manager elects to not enter severance, this  Agreement automatically renews for an additional one (1)year term.  R. General Provisions  1. Severability. In the event any one or more of the sections, provisions or clauses contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, 2. Entire Agreement. This Agreement incorporates all the agreements, covenants and understandings between the City and the Manager concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged onto this written Agreement. No other prior agreements or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this 3. Amendment. This Agreement shall not be modified or amended except by a written instrument executed by the Manager and the duly authorized representative of the  illegal or unenforceable provision had not been contained herein.  Agreement.  Commission.  IN WITNESS WHEREOF, the City of Kingsville, Texas, has caused this Employment Agreement to be signed and executed oni its behalfby its Mayor after being authorized to do SO ata regular and duly posted meeting of the Kingsville City Commission, and the Manager has signed  and executed this Agreement. Signed this the  day of  2024.  CITY OF KINGSVILLE, TEXAS  Sam R. Fugate, Mayor  ACCEPTED:  5    Mark A. McLaughlin APPROVED ASTOI FORM:  Courtney Alvarez, City Attorney  6    RESOLUTION #2024-  A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER WITH MARK MCLAUGHLIN; REPEALING ALL CONFLICTING RESOLUTIONS AND  PROVIDING FOR AN EFFECTIVE DATE.  WHEREAS, the chief administrator for the City of Kingsville ("City") is the City Manager and that position is currently filled by Mark McLaughlin under a City Manager's employment agreement that was approved for a one-year extension on July 12, 2021 via Resolution #2021-45, which would have ended on December 1, 2023; however, an amend and extend to that agreement was done WHEREAS, the most current agreement is in an extension period and the parties WHEREAS, the City Commission is charged with filling the position of City Manager and has decided to continue a contract with Mark McLaughlin as City WHEREAS, the parties have worked on a new employment contract for this position that would include a two-year term starting December 2, 2024, have an automatic one-year renewal unless notified of an intent not to renew by October 1, 2026 and have a compensation increase starting October 1, 2024; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial  via Resolution #2023-03 on January 09, 2023; and desire to amend and extend that agreement; and  Manager; and  for the parties to enter into the agreement attached hereto.  NOW THEREFOR, BE IT RESOLVED by the City Commission of the City of  Kingsville, Texas:  I.  THAT the Mayor is authorized and directed as an act of the City of Kingsville, Texas to enter into an Employment Agreement for the position of City Manager with Mark McLaughlin 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.  1    III.  THAT this Resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote of the City Commission on the  28th day of October  2024.  Sam R. Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  2    CITY MANAGER EMPLOYMENT AGREEMENT  THIS EMPLOYMENT AGREEMENT is made and entered into this the.  day of  October, 2024, by and between the CITY OF KINGSVILLE, TEXAS (hereinafter referred to as the "City"), a Texas home-rule municipality, and MARK. A. MCLAUGHLIN (hereinafter referred  to as Manager"), both of which parties hereto understand and agree as follows:  WITNESSETH:  WHEREAS, the Kingsville City Commission desires to employ MARK A. WHEREAS, it is the desire of the City Commission to provide certain benefits, establish certain conditions ofe employment, and to set certain working conditions of said Manager; and WHEREAS, City Commission and MARK A. MCLAUGHLIN entered into a City Manager Employment Agreement on or about October 28, 2019 for a start date of December 2, 2019, and renewed the contract on July 12, 2021 and the parties desire to amend and extend the  MCLAUGHLIN as City Manager for the City of Kingsville, Texas; and  most recent agreement; and  WHEREAS, the agreement was approved for a one-year extension on July 12, 2021 via Resolution #2021-45, which would have ended on December 1,2023;however,; an amend and extend to that agreement was done via Resolution #2023-03 on January 09, 2023; and  WHEREAS, the parties have worked on a new employment contract for this position that would include a two-year term starting December 2, 2024, have an automatic one-year renewal unless notified ofa ani intenti not to renew by October 1, 2026and have a compensation  increase starting October 1, 2024; and  WHEREAS, MARK A. MCLAUGHLIN desires to accept continued employment as NOW, THEREFORE, for and in consideration of the mutual covenants and agreements  Manager, and an officer, of said City on the terms outlined herein.  herein contained, and hereinbefore stated, the parties hereto agree as follows:  A. Duties and Responsibilities  As City Manager, Manager agrees to perform all duties and responsibilities as described in the City Charter, the Municipal Code, the ordinances of the City, and as reasonably directed by the City Commission. It is specifically understood and agreed that the Manager must remain a  Kingsville resident as long as he serves as. Kingsville's City Manager.  B. Salary  1    The Manager will receive an annual salary of $180,000 payable in equal installments on the same schedule as other City employees beginning in the fiscal year starting October 1,2024. Thereafter, City agrees to consider increasing said salary and/or other benefits of Manager in such amounts and tos such an extent as the City Commission may determine that is desirable to do sO, ont the basis ofan annual performance evaluation and/or salary review ofthel Manager. The Manager agrees he will not receive any compensation from City (ie, anniversary step increases, longevity pay, COLA,  or otheri incentives) not specifically mentioned herein.  C. Automobile Allowance  The City agrees to pay Manager an annual automobile allowance of $4,800.00 payable in equal installments on the same schedule as other City officers or employees with automobile: allowances. The automobile allowance shall be subject to review from time to time by the City Commission and accordingly modified, if deemed necessary. This automobile allowance shall cover all automobile-related expenses incurred by Manager, including expenses for automobile repair, maintenance, insurance, operation and replacement. Manager shall receive additional reimbursement for excess mileage outside the area as defined in the City of Kingsville "Travel  Policy".  D. Vacation Leave & Sick Leave  Vacation and Sick leave shall be calculated in accordance with the City of Kingsville "Administrative Policies and Procedures Manual". The Manager shall accrue 120 hours of vacation leave annually earned at a rate of 4.62 hours bi-weekly. The Manager shall accrue 80  hours ofsick leave annually earned at ai rate of3.07 hours bi-weekly.  E.  Health Insurance  The Manager shall be eligible for coverage by the City's group medical insurance plan. The Manager may elect to have his/her eligible dependents covered under the health plan with the City contributing aj percentage of the premiums as established by the City Commission. The fixed rate fort the monthly premium for the Manager and his eligible dependents (spouse or family coverage), should he elect toj pay for such coverage, shall bet the same as that paid by other city employees for  the same type ofcoverage. F. Life Insurance  The City agrees to provide the Manager a basic life insurance plan equal to his annual salary for the term of this agreement. The City ofKingsville pays all premiums associated with this policy. The Manager may, at his option and at his cost, increase the basic life insurance plan amount, if  such higher insurance is available under the City's life insurance plan.  G. Moving and Relocation Allowance  2    Not needed.  H. Termination and Severance Pay  In the event the City Commission decides to not renew the Manager's contract or terminates the Manager'se employment during such time the Manager is willing and able to continue performing the duties of the City Manager, then the City agrees to pay a lump sum cash payment (less any TMRS & taxes) equal to six (6) months full salary (salary & automobile allowance only), plus the value of all vacation leave accrued by, or credited to, the Manager prior to the termination; provided, however, in the event that severance is paid to Manager, Manager agrees that he shall contemporaneously execute and deliver to the City a full release of any and all claims that he may have against the City. The failure to execute and deliver such release shall nullify any obligation In the event the City Commission terminates the Manager's employment because of the commission ofa an illegal act, including but notl limited to, acts involving personal gain, corruption, misconduct or malfeasance in office, any felony, violation of the City Charter or the Administrative Policies and Procedures Manual or the City of Kingsville "Code of Ethics", then the City shall have no obligation whatsoever to pay any severance pay designated in this section.  by the City toj pay severance.  I.  Texas Municipal Retirement System  Contributions to Texas Municipal Retirement System (TMRS) are mandatory for all full-time employees. Contribution rates and other policies oft the City's TMRS Plan are determined by the  City Commission and are subject to change. Performance Evaluation  J.  Itv will be the responsibility of the Manager to work with the Mayor and develop performance criteria within six months of his renewal date. The Commission must approve the performance criteria developed by the Manager. The Commission shall review and evaluate the performance of the Manager at least once annually utilizing the performance criteria approved by the Commission. The review of the Manager's performance shall be in writing and in accordance with criteria and format approved by the Commission. The Commission shall provide the Manager a reasonable and adequate opportunity to discuss with the Commission and/or respond to the Manager's evaluation. The annual performance reviews and evaluations shall be reasonably related to the Manager's written job description and shall be based, in whole or in part, on the performance criteria jointly developed and adopted by the Commission and Manager. Adjustment of base  salary, ifany, is at the sole discretion oft the City Commission.  K. Business Equipment and Expenses  The City shall provide the Manager with all necessary business equipment including personal computers and a cell phone with "smart phone technology." The Manager willl be reimbursed for any other necessary business equipment or services not provided by the City according to City  policy and guidelines.  3  :    L. Starting Date and Notice of Resignation  The Manager commenced employment with the City on December 2, 2019. The Manager agrees to provide the City Commission a minimum of30 days written notice ifhe chooses to resign his  position and terminate this agreement.  M. Civic. Activities  The Manager is encouraged to participate in community and civic organizations and activities. Membership dues and participation costs will be paid by the City, subject to annual appropriation  by the City Commission.  N. Professional Dues, Education and Training  The City agrees toi reimburse membership duesi in ICMA and TCMA, and for reasonable expenses incurred in the attendance at annual conferences and/or regional conferences. Such reasonable expenses shall be defined as including conference: registration fees, coach/economy air fares, hotel accommodations and mealsi in accordance with the City'stravel policy. In addition, the City agrees to reimburse reasonable expenses incurred in attendance at one other professional development conference or training opportunity as approved by the Mayor or his designee. Developing and maintaining professional association contacts and standing provide the City access to valuable resources, and the reasonable participation and related travel by the Manager. All dues, continuing education and travel expenses are subject to annual appropriation by the City Commission.  O. Bonds law or ordinance. P.  The City shall bear the full cost of any fidelity or other bonds required of the Manager under any  Indemnification  The City will defend, hold harmless, and indemnify Manager against any tort, professional liability claim or demand, or other civil legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the duties as City Manager, except for intentional acts or acts of gross negligence or other acts not covered by the City'sinsurance carrier policy. The City will compromise and settle any such covered claim or suit, at its sole option, and settle any such covered claim or suit and pay the amount of any settlement orj judgment rendered  thereon.  Q. Term of Agreement  4    This agreement shall be for a term of two (2) years from the start date of December 2, 2024, expiring on December 1, 2026. This agreement may be terminated in accordance with the provisions of Paragraph H and may be extended or renewed at any time during the term upon mutual agreement oft the parties. Ifthe City Commission takes no action regarding renewal of the Agreement prior to October1,2026, and the Manager elects to not enter severance, this Agreement  automatically renews for an additional one (1)year term.  R. General Provisions  1. Severability. In the event any one or more of the sections, provisions or clauses contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, 2. Entire Agreement. This Agreement incorporates all the agreements, covenants and understandings between the City and the Manager concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged onto this written Agreement. No other priora agreements or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this 3. Amendment. This Agreement shall not be modified or amended except by a written instrument executed by the Manager and the duly authorized representative of the  illegal or unenforceable provision had not been contained herein.  Agreement.  Commission.  IN WITNESS WHEREOF, the City of Kingsville, Texas, has caused this Employment Agreement tol be signed and executed on its behalfb by its Mayor after being authorized to do soata regular and duly posted meeting of the Kingsville City Commission, and the Manager has signed  and executed this Agreement. Signed this the  day of  2024.  CITY OF KINGSVILLE, TEXAS  Sam R. Fugate, Mayor  ACCEPTED:  5  XA  :    Mark A. McLaughlin APPROVED ASTOI FORM:  Courtney. Alvarez, City Attorney  6    AGENDA ITEM #26    AGENDA ITEM #27    AGENDA ITEM #28    City of Kingsville Purchasing Department  TO: CC: FROM: DATE:  Mayor and City Commissioners Mark McLaughlin, City Manager Charlie Sosa, Purchasing Manager  October 21, 2024  SUBJECT: Authorize the Sale of Real Estate  Summary:  This item authorizes the sale of real property located at 400 E. Caesar (Old Hospital  Storage) owned by the City of Kingsville.  Background:  Staff was authorized the sale of property located at the 400 E Caesar, Legal Description, (9th Block 24, lots All, (S. Closed Ragland St.) (Old Hospital Storage), approved on June  24, 2024 commission meeting. Financial Impact: Recommendation: the City of Kingsville.  This item has no financial impact until the property is sold.  Iti is recommended the City Commission approves the sale of real property located at 400 E. Caesar (9th Block 24, lots All, (S. Closed Ragland St.) (Old Hospital Storage) owned by    NISTE    RESOLUTION #2024-  AF RESOLUTION AUTHORIZING STAFF TO ACCEPT THE OFFER FOR THE SALE OF THE CITY'S 3.030 ACRES OF LAND LOCATED ON THE NORTH SIDE OF THE 400 BLOCK OF EAST CAESAR AVE. (9TH, BLOCK 24, LOT ALL, S/2 CLOSED RAGLAND ST.), ALSO KNOWN AS OLD HOSPITAL SITE, IN KINGSVILLE, TEXAS. WHEREAS, the City of Kingsville owns 3.030 acres of land on the north side of the 400 Block of East Caesar Ave. at gth, Block 24, Lots All and S/2 closed Ragland St., also WHEREAS, the land is undeveloped and the City has no future plans for the land; WHEREAS, the City Commission of the City of Kingsville finds it in the best interest of the citizens of Kingsville that the 3.030 acres of city-owned land on the north side of the 400 Block of East Caesar Ave. at gth, Block 24, Lots All and S/2 closed Ragland St., also known as the Old Hospital site, in Kingsville, Texas, be placed for sale as WHEREAS, the City believes that placing the land for sale would place the property back on the tax roll and may allow for future development of the property; and WHEREAS, pursuant to the Texas Local Government Code, real property owned by the City can be sold via public auction, sealed bids, or through a broker, unless an WHEREAS, the City finds the property does not meet any of the exceptions to the bidding requirement as set out in Texas Local Government Code Section 272.001; and, as the City is a home-rule city, staff recommends the property be sold via a broker as allowed by Texas Local Government Code Section 253.014 with the best offer coming WHEREAS, on June 24, 2024 the City Commission via Resolution #2024-63 found that the property does not meet any of the exceptions to the bidding requirement as set out in Texas Local Government Code Section 272.001, and authorized staff to proceed with placing the property for sale sold via a broker as allowed by Texas Local Government Code Section 253.014 with the best offer coming back before the Commission for WHEREAS, the City previously approved Resolution #2024-67 on July 22, 2024 to enter into a Texas Realtors Commercial Listing Agreement Termination" with the exclusive right to sell with a local broker Nichole Saenz of eXp Realty, LLC, in order to WHEREAS, the property was listed by the real estate broker on a multiple-listing  known as the Old Hospital site, in Kingsville, Texas;  authorized by the Texas Local Government Code; and  exception is met;  back before the Commission for approval of the sale;  approval of the sale;  list the property through a multiple-listing service pursuant to state law;  service for at least 30 days;  1    WHEREAS, an offer has been received by the broker using the multiple-listing service from a ready, willing, and able buyer (R.D.Dunn, Jr.) who submitted the highest cash WHEREAS, the City Manager now needs authority from the City Commission to execute a contract to complete the sale of this real property and to take any other NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of  offer;  actions necessary to sell the identified property.  Kingsville, Texas:  I.  THAT the City Commission of the City of Kingsville authorizes and directs the City Manager as an act of the City of Kingsville, Texas to take actions necessary to complete the real property sale in compliance with the Texas Local Government Code for the City-owned property located at the north side of the 400 Block of East Caesar Ave., Kingsville, Texas also known as gth, Block 24, Lots ALL and S/2 of closed Ragland St.  also known as the old hospital site.  II. III.  THAT all resolutions or parts of resolutions in conflict with this resolution are repealed to  the extent of such conflict only.  THAT this Resolution shall be and become effective on and after adoption.  PASSED AND APPROVED by a majority vote of the City Commission the 28th day of  October, 2024.  Sam Fugate, Mayor ATTEST:  Mary Valenzuela, City Secretary APPROVED AS TO FORM:  Courtney Alvarez, City Attorney  2