City of Kingsville, Texas AGENDA CITY COMMISSION TUESDAY, OCTOBER 15, 2024 REGULAR MEETING CITY HALL HELEN KLEBERG GROVES COMMUNITY ROOM 400 WEST KING AVENUE 5:00 P.M. - Regular Meeting Live Videostream: htps/wwwiaehookcokom/cfvolinsvllets Preliminary Proceedings. OPEN MEETING NVOCATION/PLEDGE OF ALLEGIANCE - (Mayor Fugate) MINUTES OF PREVIOUS MEETING(S) Regular Meeting - September 23, 2024 II. Public Hearing - (Required by Law)." III. Reports from Commission & Staff.2 Markl McLaughlin ZRER City Manager None. "At this time, the City Commission and Staff will reportupdate on all committee assignments which may include but is not limited to the following: Planning & Zoning Commission, Zoning Board of Adjustments, Historical Board, Housing Authority Board, Library Board, Health Board, Tourism, Chamber of Commerce, Coastal Bend Council of Governments, Conner Museum, Keep Kingsville Beautiful, and Texas Municipal League. Staffreports include the following: Building &L Development, Code Enforcement, Proposed Development Report; Accounting & Finance - Financial Services - Information, Investment Report, Quarterly Budget Report, Monthly Financial Reports; Police & Fire Department Grant Update, Police & Fire Reports; Street Updates; Public Works- miscellaneous park projects, Adminstralon-wORSOP 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 Pagelof4 AGENDA- KINGSVILLE CITY COMMISSION October: 15, 2024 The following items are ofa routine or administrative nature. The Commission has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed. separately unless requested by a Commission Member in which event the item ori items will immediately be withdrawn for individual consideration ini its normal sequence after the items not requiring separate discussion have been acted upon.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 1. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX-General Regulations, Article 8-Parks and Recreation, providing for revised golf course fees for the L.E. Ramey Golf Course. 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 Director). 3. Motion to approve membership with Electric Reliability Counsil of Texas (ERCOT) for not removed for individual consideration) (Parks Director). 2025. (renewal of annual membership). (City Attorney). 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 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 TIRZ#3. 6. Consider introduction of an ordinance amending the Fiscal Year 2024-2025 Budget to 7. Consideration and approval of a resolution accepting a Petition for and caling 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 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 recommendation of 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 recommendation 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 recommendation Tax Code. (Economic Development Director). (Economic Development Director). appropriate funding for TIRZ#3. (Economic Development Director). hearing. (City Attorney). contract engineer. (City Engineer). of contract engineer. (City Engineer). of contract engineer. (City Engineer). Page: 2of4 AGENDA - KINGSVILLE CITY COMMISSION October 15, 2024 11. Consider approving Change Order #41 for GLO CDBG-MIT Contract #22-082-016-D218 for Project3: 18" Wastewater Main Replacement for 3MGD Wastewater Treatment Plant. 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 Sewer 13. Consider awarding bid #RFP 24-151 for Public' Works Concrete Pavement Improvement 14. Consider introduction of an ordinance amending the Fiscal Year 2024-2025 Budget to appropriate funding for the Public Works Concrete Parking Lot Project. (Public Works 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 16. Consider awarding bid RFP #24-16 for Comprehensive Plan and Grant Writing Services, as per staff recommendation. (Director of Planning & Development Services). 17. Consideration and approval of a resolution authorizing the City! Manager to execute the Construction Contract with Lowman Land Improvements, Inc. for RFP#24-13Landil. South Drainage Infrastructure-Lined Channel Project. (bid awarded 9/12/24) (Purchasing 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 & 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 & Development 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 of the International Mechanical Code. (Director of Planning & Development 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 of Planning & 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 24. Consider introduction 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 Planning & (no additional cost). (City Engineer). improvements. (no additional cost). (City Engineer). Project, as per staff recommendation. (City Engineer). Director). Project. (City Engineer). Manager). Development Services). Services). Services). Development Services). Services). Development Services). Page3of4 AGENDA - KINGSVILLE CITY COMMISSION October 15, 2024 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 oft the International Fire Code. (Director of Planning 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 oft the City Manager. (Mayor Fugate). No person's comments shall exceed 5 minutes. Cannot be extended by Commission. No person's comments shall exceed 5 minutes without permission ofr majority of Commission. Comments are limited to 3 minutes per person. May be extended or permitted at other times int the meeting only with 5 affirmative Commission votes. The speaker must identify himself by name and Items being considered by the Commission for action except citizen's comments to the Mayor and Commission, no comment at this point without 5 affirmative votes of the Commission. & Development Services). VII. Adjournment. 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 valenuolatcityorsingaville.con 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 ofl Meeting was posted on the bulletin board at City Hall, City ofH 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 7. 2024. at 2:00P.M. and remained posted continuously for at least 72 hours proceeding Competitive Matters), and 551-087 (Economic Development). following date and time: the scheduled time of said meeting. manylalurale Mary Valenzuela, TRMC, City Secretary City of Kingsville, Texas This public notice was removed from the official posting board at the Kingsville City Hall on the following date and time: City Secretary's Office City of Kingsville, Texas By: Page 4of4 AGENDA - KINGSVILLE CITY COMMISSION October 15, 2024 MINUTES OF PREVIOUS MEETING(S) SEPTEMBER 23, 2024 A REGULAR MEETING OF THE CITY OF KINGSVILLE CITY COMMISSION WAS HELD ON MONDAY, SEPTEMBER 23, 2024, IN THE HELEN KLEBERG GROVES COMMUNITY ROOM, 400 WEST KING AVENUE, KINGSVILLE, TEXAS AT 5:00 P.M. CITY COMMISSION PRESENT: Edna Lopez, Commissioner Norma N. Alvarez, Commissioner Hector Hinojosa, Commissioner Leo. Alarcon, Commissioner CITY COMMISSION ABSENT: Sam R. Fugate, Mayor CITY STAFF PRESENT: Mark McLaughlin, City Manager Mary Valenzuela, City Secretary Courtney Alvarez, City Attorney Derek Williams, IT Emilio Garcia, Health Director John Blair, Chief of Police Leticia Salinas, Accounting Manager Susan Ivy, Park Director 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 Frank Garcia, Wastewater Supervisor Kwabena Agyekum, Senior Planner I. Preliminary Proceedings. OPEN MEETING Kyle Benson, Director of Information & Technology Commissioner Edna Lopez opened the meeting at 5:00 p.m. with four commission members The invocation was delivered by Ms. Courtney Alvarez, City Attorney, followed by the Pledge of present. Mayor Fugate was absent for this meeting. NVOCATION/PLEDGE OF ALLEGIANCE - (Mayor Fugate) Allegiance and the Texas Pledge. MINUTES OF PREVIOUS MEETING(S) Regular Meeting = September 12, 2024 Motion made by Commissioner Alarcon to approve the minutes of September 12, 2024, as presented, seconded by Commissioner Alvarez. The motion was passed and approved by the following vote: Alvarez, Hinojosa, Alarcon, Lopezvoting "FOR" 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 Page: 1of6-September: 23, 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 the following: Building & Development, Code Enforcement, Proposed Development Report; Accounting & Finance-) Financial Services- Information, Investment Report, Quarterly Budget Report, Monthly Financial Reports; Police & Fire Department - Grant Update, Police & Fire Reports; Street Updates; Public Works- Building Maintenance, Construction Updates; Park Services - grant(s) update, miscellaneous park projects, Admnsiraton-Worshop Schedule, Interlocal. Agreements, Public Information, Hotel Occupancy Report, Quiet Zone, Proclamations, Health Plan Update, Tax Increment Zone Presentation, Main Street Downtown, Chapter 59 project, Financial Advisor, Water And Wastewater Rate Study Presentation. No formal action can Mr. Mark McLaughlin, City Managerr reported on Tropical Depression: #9. Storm will impact Florida and have no impact on Texas. He further reported that staff will be spraying for mosquitos throughout the city beginning this evening and for the next two evenings. Kleberg County has approved the Texas Multi-Hazard Mitigation Plan during their County Commissioners' Court meeting today. He also reported that 12th Street was supposed to be chipped sealed, but due to rain that project will be delayed. Mr. McLaughlin reported that he will be meeting with the Chief of Naval Air Wing Training on airshow details for Ms. Courtney Alvarez, City Attorney reported that the next city commission meeting is scheduled for Tuesday, October 15, 2024. The deadline for staff to submit agenda items for that meeting is Friday, September 27, 2024. City offices will be closed on Monday, October 14, 2024, in observance of Columbus Day. Ms. Alvarez reported that the next Wine Walk is scheduled for Saturday, September 28, 2024, in the Kingsville Downtown Commissioner Lopez read and presented the following three proclamations: End Domestic Violence Month for October; World Alzheimer's Awareness Month for be taken on these items at this time." Kingsville. area and National Night Out is scheduled for October 1, 2024. September; and Arbor Day. IV. Public Comment on Agenda Items.3 No public comments were made. 1. Comments on all agenda and non-agenda items. V. Consent Agenda Notice to the Public The following items are of a routine or administrative nature. The Commission has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested bya Commission Member in which event the item ori items will immediately be withdrawn for 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 (At this point the Commission will vote on all motions, resolutions, and ordinances items will be adopted by one vote. PREVIOUS MEETINGS: not removed for individual consideration) Page2 2 of6-September: 23, 2024 Motion made by Commissioner Alvarez to approve the consent agenda as presented, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Alvarez, Lopez voting "FOR". 1. Motion to approve final passage of an ordinance amending the Fiscal Year 2023- 2024 Budget to accept and expend grant funds from the Coastal Bend Regional Advisory Council for Fire Department medical supplies. (Fire Chief). 2. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter V, Article 3, Water, providing for fees increases for tampering with meters, damaging cut-off valves, discontinuance cut-offs, certain service calls, interest, and late fee charges, and a change in the penalty for late 3. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV,Article 1-Building Regulations, Section 13-Purpose and Authority for Third Party Plan Review Services. (Director of Planning and 4. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1-Building Regulations, Sections 6,8,11, 23, & 40, and Article 6-Zoning, Section 126, revising permit fees in building, plumbing, fuel gas, and sign regulation codes. (Director of Planning and 5. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter XV, Article 1, Building Regulations, Section 152, revising the fee for swimming pools permits. (Director of Planning and Development 6. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Chapter IX, Article 10-Streets and Sidewalks, Section 35-permit required; fee, providing for change to fees. (Director of Planning and Development 7. Motion to approve final passage of an ordinance amending the City of Kingsville Code of Ordinances Section 9-7-6 Abatement of Nuisance Lots; Administrative Fees, providing for revision of administrative fees. (Director of Planning and Development 8. Motion to approve City participation in annual events and parades for FY2024- payments. (Finance Director). Development Services). Development Services). Services). Services). Services). 2025. (Downtown Manager). REGULAR. AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: VI. Items for consideration by Commissioners." the City of Kingsville. (Parks Director). 9. Consider approving a Proclamation naming November 1, 2024, as Arbor Day in Motion made by Commissioner Hinojosa to approve the proclamation naming November 1,2024, as Arbor Day in the City of! Kingsville, seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Alarcon, 10. Consider a resolution of the City of Kingsville, Texas adopting the FEMA approved Kleberg County and City of Kingsville, Texas Multi-Hazard Mitigation Plan. Alvarez, Hinojosa, Lopez voting "FOR". (City Engineer). Page 3of6 6- September 23, 2024 Mr. Rudy Mora, City Engineer stated that staff is seeking the City Commission's approval to adopt the Hazard Mitigation Action Plan (HMAP) in partnership with Kleberg County. The 2024 Kleberg County Multi-Hazard Mitigation Plan is a critical document that outlines our region's strategy to reduce or eliminate long-term risks to life, property, and infrastructure from natural hazards. The adoption of this plan by the City of Kingsville will not only reinforce our commitment to public safety but also position the city to secure state and federal funding for future mitigation projects. This plan specifically identifies and addresses awide range of natural hazards that pose a significant threat to our community. The City of Kingsville will focus on mitigating the following hazards: Flooding; Hurricanes, Tropical Storms, and Depressions; Wildfire; Tornados; Drought; Extreme Cold; Extreme Heat; Hailstorms; Winter Storm; Severe Winds; Lightning; Dam/Levee Failure. These hazards have been carefully selected based on historical data and potential future impacts, ensuring that our mitigation efforts are both targeted and effective. By adopting this plan, the city will be better prepared to protect its residents and resources from the adverse effects of these natural events. These hazards have been carefully selected based on historical data and potential future impacts, ensuring that our mitigation efforts are both targeted and effective. Bya adopting this plan, the city will be better prepared to protect its residents and resources from the adverse effects of these natural events. There is no direct financial impact associated with the approval oft this resolution. However, adopting the HMAP will enhance the City's eligibility for state and federal grant programs, which could provide substantial funding for future mitigation projects, potentially saving the City millions of dollars in disaster-related expenses. Mr. Mora further stated that staff strongly recommends the approval of the attached resolution adopting the Hazard Mitigation. Action Plan with Kleberg County. This approval will not only reinforce the City's commitment to public safety but also enhance its eligibility for state and federal grant programs, which could provide substantial funding for future mitigation projects, potentially saving the City millions of dollars in Mr. McLaughlin commented that Kleberg County has approved this plan at a meeting that Motion made by Commissioner Alarcon to approve the resolution of the City of Kingsville, Texas adopting the FEMA-approved Kleberg County and City of Kingsville, Texas Multi-Hazard Mitigation Plan, seconded by Commissioner Hinojosa. The motion was passed and approved by the following vote: Alvarez, 11.Consider a resolution authorizing the City Manager to execute the Contract with Global WET LLC for UV Filter Equipment for the Kingsville North and South Waste Water Treatment Plants. (funding for emergency repairs authorized 8/19/24). (Public Mr. Bill Donnell, Public Works Director stated that this item authorizes the contract with Global WET LLC for emergency repairs for the Wastewater Department's Ultraviolet Light Disinfection System for North and South Wastewater Treatment Plants. The total allotted funds were $943,810.00. The disinfection system is the heart of the plant before going out into the creek. The North Plant failed on one of the previous storms and currently disinfecting with chlorine and at the South Plant, there is always an issue with keeping it going but still operating with the UV System. Mr. Donnell further stated that the financial sources are through the following: Fund 123 ED Grant Program for $105,00.47; Fund 121 Parks ARP Allotment for $240,990.52; Fund 125 UF ARP Funding for $240,031.00; Fund 051 Insurance Check #1 for $119,000.00; Fund 051 BA Reserve Line Item for $66,950.85; and Fund 051 Fund Balance for $171,837.16. Of that, $124,000.00 will be reimbursed by Motion made by Commissioner Alvarez to approve the resolution authorizing the City Manager to execute the Contract with Global WET LLC for UV Filter Equipment disaster-related expenses. took place today. Hinojosa, Alarcon, Lopez voting "FOR. Works Director). insurance check #2 resulting in Fund 051 FB of $47,837.16. Page 4of6-September: 23, 2024 for the Kingsville North and South Wastewater Treatment Plants. (funding for emergency repairs authorized 8/19/24), seconded by Commissioner Alarcon. The motion was passed and approved by the following vote: Hinojosa, Alarcon, Alvarez, 12. Consider introduction 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. Ramey Golf Course. (Parks Mrs. Susan Ivy, Parks Director stated that during the budget process, the commission was presented with a schedule of proposed fees for increased rates due to inflationary increases across the nation and increased golf cart lease fees. Staff has taken the time to review the current fees and compared them with comparable surrounding cities and have Lopez voting "FOR". Director). set these proposed rates based on being closer to those fees. Introduction item. Director). 13. Consider motion to approve proposed ball Field Rental Fee with Lights and Park Shelter Rental Fee with Electricity, as per Code of Ordinances $9-8-7. (Parks Mrs. Ivy stated that these are fees that need to be adjusted ont the Parks & Recreation side to increase utilities fees across the nation. Staff is not changing the basic rental fee for baseball fields; it is the lighting fee that will be changed. Iti is being proposed to change the field rental fee with lights from $15.00 to $25.00. In addition to this, staff is currently charging an electricity fee for the use oft the electricity at the park. This will be turned into a shelter rental sO all of the shelters will not have an electric outlet. This will be at two Motion made by Commissioner Hinojosa to approve the proposed ball Field Rental Fee with Lights and Park Shelter Rental Fee with Electricity, as per Code of Ordinancess9-8-7, seconded by Commissioner. Alarcon. The motion was passed and approved by the following vote Alarcon, Alvarez, Hinojosa, Lopez voting "FOR". 14. Consider a resolution authorizing the City Manager to execute al Master Services and Purchasing Agreement for Customer and other documents related thereto with Axon Enterprise, Inc. for Police Department Body Worn and In-Car Cameras and Mr. John Blair stated that the Kingsville Police Department (KPD) seeks city commission approval to enter into a contract with Axon Enterprise, Inc. This contract will provide the latest advancements in Body Worn Cameras and In-Car Camera Technology, significantly improving both officer safety and operational efficiency within the department. After a comprehensive review by the KPD and the City's IT Department, it was determined that the current officer-worn camera and In-Car Camera systems are outdated and in urgent need of replacement. Demonstrations of various systems from three vendors were conducted and after evaluating the department's requirements, Axon Enterprise, Inc was selected as the best and most cost-effective solution. This new contract will include the following: New Body Worn Cameras for all Officers; New In-Car Cameras for all Patrol Vehicles; Improved Officer Safety and Enhanced Supervisory Review; Integration of Eveidenceroom.com for secure digital media storage and management;, update interview rooms with new video and audio functionality; regular equipment refreshers; and comprenensive training and support. These upgrades will ensure that the KPDI is equipped toy provide accurate, reliable recordings in both Body Worn Cameras and In-Car Cameras, thereby enhancing public safety and accountability. The associated costs of this contract have been thoroughly reviewed and funding sources have been identified and secured to support the project from the following sources: Chapter 59 Funds for $46,290.94; Office of locations at Dick Kleberg, Flato, Flores, and Thompson parks. Services. (Police Chief). Page 50 of6- September 23, 2024 the Governor FY 2025 Body Worn Camera Grant Program for approximately $46,000.00; leftover funding for $8,790.47 in Fund 115 Tax Note Series 2021; and leftover funding of Motion made by Commissioner Alvarez to approve the resolution authorizing the City Manager to execute al Master Services and Purchasing Agreementfor Customer and other documents related thereto with Axon Enterprise, Inc. for Police Department Body Worn and In-Car Cameras and Services, seconded by Commissioner. Alarcon. The motion was passed and approved by the following vote: 15. Consider a resolution approving the City of Kingsville's 2024 Tax Roll as submitted by the Kleberg County Tax Assessor-Collector pursuant to the Texas Property Tax Code, Chapter 26, Section 26.09(e). (Finance Director). Mr. McLaughlin stated that staff received this late last week after the agenda had already been posted on Thursday ofl last week. The adjustment was made tot the agenda by adding this item on Friday, which still met the 72-hour posting requirement. This item would accept Ms. Alvarez commented that this is something that the commission is required to do every year, to accept the tax roll sO than that authorizes the Tax Accessor Collector to issue the Commissioner Alarcon asked ift this item was an add-on today. Ms. Alvarez responded no, and that the agenda was amended on Friday, September 20th. Commissioner Alarcon Mrs. Mary' Valenzuela, City Secretary commented that an email was sent tot the commission Motion made by Commissioner Alarcon to approve the resolution approving the City of Kingsville's 2024 Tax Roll as submitted by the Kleberg County Tax Assessor- Collector pursuant to the Texas Property Tax Code, Chapter 26, Section 26.09(e), seconded by Commissioner Hinojosa. The motion was passed and approved by the $78,918.59 in Fund 126 GF Tax Notes 2022. Alvarez, Hinojosa, Alarcon, Lopez voting "FOR". the 2024 Tax Roll before the fiscal year ends. statements. commented that he received it today. with the amended agenda attached. following vote: Hinojosa, Alarcon, Alvarez, Lopez voting "FOR". VI. Adjournment. There being no further business to come before the City Commission, the meeting was adjourned at 5:36 p.m. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary Page 6of6- September 23,2024 CONSENT AGENDA AGENDA ITEM #1 Golf Course City of Kingsville Parks & Recreation Department TO: CC: FROM: DATE: SUBJECT: Mayor and City. Commissioners Mark McLaughlin, City. Manager Susan Ivy, Director of Parks & Recreation September 11, 2024 Agenda Request- - Rèquest to Amend Ordinance toi increase. certain Golf Course Fees and to Approve of certain Parkl Fees Summary: We are requèsting approval from City Commission to amend" the Code of Ordinances to allow for certain Golf Course Fees at L. E. Ramey Park to bei increased. We'a are also requesting approval to change the lighting fee for Athletic Fields rentals' and' the Shelter rental fees in the Background: During the Budget workshops we presented la comparison of area golf course fees. After an evaluation ofthe current fees at our Golf Course we presented a proposaltoraisecertain fees to a more appropriate rate. Consideration was discussed regarding the increase in golf cart leasing contract amount, overall increase in cost of operations and considerable improvements We also discussed the increase: in lighting fees for athletic. fields and shelter rental fees, which Parks. to the course. are covered under Code of Ordinance section 9-8-7. AI list of fees to be changed and: their existing and proposed fees are attached. Finaricial Impact:. We believ that this action will result in a substantial incrèase. ini revenue for the Golf Course and' Parks Department that will come closert to coveringthee expensed oft thei items: Recommendation: 1) Approve the fee increase proposal for Parks fees as presented. 2) Amend the Code of Ordinances for the Golf Course feei increases as presented. Kinosville TEXAS City of Kingsville Parks & Recreation Department Allfees willl have salest taxes added to them at time of sale GREEN FEES 18Weèkend /Holiday 18 Weekdays 9Weekend/Holiday, Senior Weekdays Senior Weekends 18) Juniors 9Juniors CARTI FEES 18 Holé Cart Fée Half Cart Member Cart Fee Trail Fee Current 17.00 15.00 12.00 11.00 13.00 8 6 Proposed 23.00, 18.00 14.00 15.00 17.00 8.00 6.00 Current 15.00 10.00 15.00 7.00 Proposed Per Person Cart Fee: $18.00. Use rate above Usè rate above 10.00 Proposed 1000.00 175.00 3000.00 350.00 MEMBERSHIP FEES Current Yearly No Cart Monthly No Cart Yearly With Cart Monthly with Cart 660.00 65.00 2500.00. 185.00 TEXAS *inosville ORDINANCE NO. 2024- AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES BY AMENDING CHAPTER IX-GENERAL REGULATIONS, ARTICLE 8-PARKS AND RECREATION, PROVIDING FOR REVISED CART FEES FOR THE L.E. RAMEY GOLF COURSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE AND WHEREAS, in 2014 the City and County approved interlocal agreements to transfer operations and maintenance of all of the parks within the city limits and WHEREAS, the approval of these interlocal agreements necessitated the City to enact regulations and fees for the properties covered under the interlocal PUBLICATION. the L.E. Ramey Golf Course from the County to the City; agreements; and WHEREAS, in the first half of 2018, the City made several hundred thousand dollars of improvements at the L.E. Ramey Golf Course and determined that it needed to increase user fees to help offset the cost of the improvements and those revisions were approved on June 25, 2018, via Ordinance #2018-35; and WHEREAS, the golf course user fees were last revised on August 12, 2019 and WHEREAS, the City recently acquired new electric golf carts for rent at the golf course and performed a rental rate survey which showed the current rate to be below market, sO staff is now recommending a slight increase in the golf cart rental rate for the new carts to be more in-line with the going market rate; and WHEREAS, the City has made numerous improvements to the golf course in the last few years without a rate adjustment and the cost to provide the services has increased, new rates are being proposed by staff to help cover costs; and WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE golf cart rental fees were revised on September 28, 2020; and welfare of the City of Kingsville. CITY OF KINGSVILLE, TEXAS; I. THAT Chapter IX- General Regulations, Article 8-Parks and Recreation, of the Code of Ordinances of the City of Kingsville, Texas, shall be amended to read as follows: ARTICLE 8 PARKS AND RECREATION GOLF COURSE $9-8-41 GOLF COURSE FEES. The following schedule of fees shall be paid by the patrons of the municipal golf course. The Golf Course Manager may negotiate rates for golf course special events and promotions. NOTEAIf fees wil have sales taxes added to them at the time of sale. (A) Daily Green Fees: refundable). Golf course green fees for persons 18 years of age or older (non- (1) 18-Holes of Play: Weekends ànd holidays: $17.00 $23.00 Weekdays: $15.00 $18.00 (2) 9-Holes of Play: Weekends and holidays: $12.00 $14.00 Weekdays: $13.00 (B). Junior Fees: refundable). Golf course green fees for persons in the classification of junior (non- (1) 18-Holes of Play: Weekdays: $8.00 (2) 9-Holes of Play: Weekdays: $6.00 (C)College Student Fees: 2 Golf course green fees for persons in the classification of College Student (non-refundable) can receive ai twenty percent (20%) discount off the Daily Green Fees. (D)Military Fees: Golf course green fees for persons in the classification of Military (non- refundable) can receive a twenty percent (20%) discount off the Daily Green Fees. (E) Senior Fees: refundable). Golf course green fees for persons 62 years of age or older (non- 18-Holes of Play: Weekdays: $11.00 $15.00 Weekends: $13.00 $17.00 (F) Annual membership fees: Annual membership entitles that person to unlimited green fees for 365 Annual individual membership rate nocart) $660.00 $1,000.00 Military annual membership rate: can receive a 25% discount off of days from date of purchase non-relundable). an annual individual membership rate. (G) Semi-Annual membership fees: Semi-Annual membership entitles player to unlimited green fees for six (6) months from date of purchase (non-refundable), for $360.00. (H)Monthly membership fees: Monthly membership entitles an individual player to unlimited green fees for 30 days from date of purchase (non-refundable). Monthly individual rate nocart): $65.00 $175.00 Monthly individual rate (with cart): $185.00 $350.00 Monthly individual rate per school team member: $35.00 3 (1) Annual cart fee and green fee: Annual cart fee is per player and entitles player to unlimited carts for 365 days from date of purchase (non-refundable) and unlimited green fees for Annual individual cart fee and green fee: $2,500.00 $3,000.00 365 days from date of purchase (non-refundable). (J) Monthly Locker Fee: Monthly locker fee is per player and entitles player to use of a locker for 30 days from date of purchase non-retundable). Monthly individual locker fee: $30.00 for one month $75.00 for three months $120.00 for six months $180.00 for twelve months (K) Daily Golf Club Rental Fee: clubs (non-refundable). Daily golf club rental fee: $15.00 (L) Monthly Driving Range Membership Fee: Daily golf club fee is per player and entitles player to use of a set of golf Monthly driving range membership entitles player to unlimited driving range fees for 30 days from date of purchase (non-refundable). Monthly individual membership rate: $90.00 for three months $120 for six months $200.00 for twelve months (M) Range Ball Bucket Fee: (non-refundable). Range ball bucket fee entitles player to the use of the bucket of balls once Jumbo Bucket: $15.00 Large Bucket (135 balls): $10.00 Medium Bucket (75 balls): $7.00 Small Bucket (35 balls): $5.00 4 (N) Minors less than 16 years of age shall not operate golf carts on municipal (0) Each golf course green fee shall entitle payee to play a maximum of 18 holes of golf on the date paid. Additional payment of green fees shall be (P) All members of any authorized golf team from a school or institution of higher education located within Kleberg County may play a maximum of two rounds per week Monday-Thursday, excluding holidays, at no charge during their respective schoolyears. The following limit will apply to such golf golf course property. required if more than 18 holes of golf are to be played. players: Teams are limited to 15 players per school at any one time. (Q) Cart Rental Fee: 18-Holes: $15.00 $18.00 per player 9-Holes: $10.00 $18.00 per player Clubhouse Rental Deposit Clubhouse Rental Fee Tournament Deposit Snag Golf Clinic Fee (R) Miscellaneous Fees: $50.00 $150.00 $100.00 $60.00 City Employees Wellness Program Discount: Golf course green fees for persons who are current City Employees can receive a twenty percent (20%) discount off the Daily Green Fees. II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. Il. 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 paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Commission that every section, paragraph, 5 subdivision, clause, phrase, work or ordinance hereof be given full force and effect fori its purpose. IV. THAT this Ordinance shall be codified and become effective on and after adoption and publication as required by law. INTRODUCED on this 23rd day of September, 2024. PASSED AND APPROVED on this the 15th day of October, 2024. Effective Date: Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 6 AGENDA ITEM #2 City of Kingsville Health Department Kie TO: CC: Mayor and City Commissioners Mark McLaughlin, City Manager Courtney Alvarez, City Attorney FROM: DATE: SUBJECT: Emilio H. Garcia, City of Kingsville Health Director September 25, 2024 Re-appointment of Health Board Member Summary: Please be advised that Health Board Member Steve Davis term expires on November 8, 2024. I have spoken to Steve Davis, and he has agreed to remain on the Health Board for another 3-year term. It is my recommendation that Steve Davis be re-appointed to the City of Background: Mr. Davis has served on the City of Kingsville Health Board for 3 years and would Kingsville Health Board. like to be re-appointed for another 3 years. Financial Impact: None. Recommendation: l'am requesting that the City Commission consider Mr. Davis re-appointment at the next Regular City Commisionersmecting: Approval requested. AGENDA ITEM #3 CITY OF KINGSVILLE LEGALI DEPARTMENT P.O. Box 1458, Kingsville Texas 78364 Phone: 361-595-8016 Fax:3 361-592-4696 Date: October 2, 2024 To: City Commission Members From: Courtney Alvarez, City Attorney Re: ERCOT Membership Renewal AGENDA ITEM: Consider joining the Electric Reliability Council of Texas ("ERCOT") for ISSUE: The City received notice that the ERCOT membership applications for 2025 are due by October 18, 2024, and it has been recommended that we join to give cities greater representation in ERCOT and on ERCOT's policy-making boards. BACKGROUND: The City has been a member of ERCOT each year since 2009. ERCOT has begun accepting membership applications for 2024. In order to vote in the upcoming ERCOT elections, our city must be a member of ERCOT by October 18, 2024. Since 2008, cities succeeded in placing city representatives on ERCOT's Board of Directors and on the Technical Advisory Committee due to their strong presence at ERCOT. ERCOT is an important arena ini the effort to ensure that electricity rates in the deregulated Texas market are reasonable and stable. ERCOT membership is a straightforward way to influence electric market policy and costs $100 to join. Membership in ERCOT gives the consumer presence greater clout at ERCOT and allows us to vote for city representatives to serve on ERCOT's most important policy- REQUIRED COMMISSION ACTION: Authorize staff to submit an application to join ERCOT for 2025 that includes payment of a $100 membership fee. FUNDING: Funds are available ini the General Fund-City Special account. 2025. making bodies. CONCLUSION & RECOMMENDATION: Authorize staff to submit an application to join ERCOT for 2025. Courtney Alvarez From: Sent: To: Subject: Attachments: Membership mempesnpoercot.om, Friday, September 20, 20249:12AM Membership 2025 ERCOT Membership ERCOT Public Portal Registration Guide.pdf Caution! This message was sent from outside your organization. THE RECORD DATE FOR VOTING IN THE 2025 ERCOT TAC REPRESENTATIVES ELECTIONS IS NOVEMBER 1,2024 ERCOT has reduced staff available onsite to receive, distribute, and manage incoming postal mail, deliveries, faxes on a daily basis. As such: 1. All Annual Member Dues shall be submitted by wire transfer; and 2. All Applications for the 2025 Membership Year shall be submitted electronically online at Anual Membersnip Request. ERCOT is no longer accepting Applications via email. Please see below for additional details. Announcement of Record Date for Annual Membership Meeting The announcement of the members of the Technical Advisory Committee (TAC) for the 2025 year will occur at the Fifty-fourth Annual Membership Meeting on December 2, 2024 (Annual Meeting). In accordance with the ERCOT Bylaws, the Record Date for 2025 ERCOT Corporate Members to vote in the 2025 TAC Representatives Elections is Friday, November 1, 2024. Your entity would have to be approved in writing by ERCOT as a Corporate Member for the Membership Year 2025 no later than the Record Date of November 1, 2024. Membership Application for 2025 Membership Year Now Available Online ERCOT Membership terms are for no more than one Membership Year and do not renew automatically. The. 2025 Membership Year begins on January 1, 2025, and ends on December 31, 2025. To become an ERCOT Member for the 2025 Membership Year, an authorized representative of your entity must complete and electronically agree to the terms oft the ERCOT Membership Application and Agreement (Application), pay the applicable Annual Member Dues, and receive electronic confirmation of approval Applications for the 2025 Membership Year must be submitted electronically online at Annuas Miembershinl Request. ERCOT is no longer accepting Applications via email. Applicants that do not have an existing ERCOT Public Portal (ServiceNow) account will need to create an account by clicking on the New Users Click here to Registerlink on the login page. The link should take you directly to the Annual Membership Application. New users are required to verify their email address after submitting the Sign Up form. Alternatively, if you log into ERCOT's Public Portal online you can find the Application by searching for "Annual" or "Member" in the search bar on from ERCOT. 1 the landing page. For technical questions and support regarding the ServiceNow portal please contact SRSMERARPARAISON Attached is the ERCOT Public Portal Registration Guide to assist you with registration. Please note this is the same platform that was used to submit IMPORTANT: Applicants with existing login credentials for ServiceNow may login and complete Ift the Applicant Contact is also the submitting entity's Authorized Representative (AR) or Backup Authorized Representative (BAR) and used their AR/BAR email address to access the ERCOT Public Portal prior to April 24, 2024, then you may continue to use those credentials. In other words, if you used your AR/BAR email address last year to access the 2024 Membership Application and Agreement, then you will be able to use those credentials again this year. Ifthe ApplicantContact: is the submitting entity's AR or BAR and did not use their AR/BAR email address to access ERCOT's Public Portal prior to April 24, 2024, then the Applicant Contact may not use their AR/BAR email address to login to the ERCOT Public Portal and complete the Membership Application; an alternate email address must be used. In other words, if you have been your entity's AR/BAR since before April 24, 2024, but have never used your. AR/BAR email address to access ERCOT's Public Portal, then you will not be able to use your AR/BAR email Membership Applications last year. the form. address to gain access to the ERCOT Public Portal; the system will block you. Please note this login issue is scheduled to be resolved next year. The Application provides Membership eligibility requirements in detail. Membership Eligibility Membership Voting Rights The ERCOT Bylaws provide for three types of Membership: Corporate, Associate and Adjunct. Only those who are approved as Corporate Members may cast votes at Membership meetings to elect TAC Representatives. Associate and Adjunct Members have no such voting rights for any matters submitted to the general Membership. Annual Member Dues ERCOT requires submission of all Annual Member Dues by wire transfer. Electronic funds transfer instructions will be emailed to the applicant upon submission of the 2025 Membership Application and Agreement. Annual Member Dues are payable as follows: Member Dues (Bylaws Section 3.4) Corporate (Genera!) - Voting Annual Dues ($) 2,000 100 Complimentary : 24 Residential Consumer = Corporate ( Office of Public Utility Counsel - Corporate 2 Appointed Residential Consumer TAC Rep. - Commercial Consumer = Corporate Associate (General) - Non-voting - Residential Consumer: 1 Associate Commercial Consumer - Associate Complimentary 100 500 50 50 500 Corporate Adunct-Non-voting Any Member may request that the Member's Annual Member Dues be waived for good cause shown. Annual Member Dues are not prorated even if Membership is approved by ERCOT after the 2025 Membership Year has begun. Membership Election Rights such corresponding rights. Additional Information Both Corporate and Associate Memberships allow an employee or representative of your organization to be nominated for and elected to TAC and TAC subcommittees, but Adjunct Memberships have no ERCOT Membership will post an updated 2025 ERCOT Members document to Membershis fercotcom) by close of business every Friday until the Record Date. Please note, final approval oft the 2025 Membership Application and Agreement is dependent upon several variables, such as submittal of correct information on the application form, timely responses to follow-up questions by Membership Being registered as a Market Participant is independent from being a Member. Membership is For more information or to obtain a copy of the ERCOT Bylaws and Certificate of Formation, please visit ERCOT's website at MARECAEANEPA:sPespeLyndarme "Keyi Documente'segion. Other related Membership information will also be posted for your review at the Membership Page on the ERCOT website at DAAMLercoL2otoombo.tsoveneance/members. If you have any questions, Please consider this notice an invoice for your entity's Annual Member Dues if you plan on Thank you in advance for your efforts to submit your. Applications in a complete and timely manner. staff, and timely payment of Membership dues. completely optional and does not interfere with your Market Participant status. please contact Membership at empersnasre.sem. submitting an Application for the 2025 Membership Year. f - ercot Ya Fx wet. Our Aoise, ERCOT Membership empasApAEr.c 3 REGULAR AGENDA AGENDA ITEM #4 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 Subject: Project and Finance Plan fOrTIRZ#2 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. 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 oft the Texas Government Code. EINANCIALIMPACT: No Fiscal Impact. RECOMMENDATION: The 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 ai noncontiguous geographic area that is in 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 to promote the development ofa 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 ofthe 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 ofK Kingsville, Texas (the "Zone"); and WHEREAS, as authorized by Section 311.011(e), and 311.008, of the Act, on October 15, 2024, the Board recommended that the Plan in Exhibit "A", be approved by the NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSIOHN OF City Commission: THE CITYOFKINGSVILLE, TEXAS, THAT: SECTION1. RECITALSI INCORPORATED. The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. SECTION2. FINDINGS. That the City Commission hereby makes the following findings ofi 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 set forth in Section 2 ofthis Ordinance, the Plan in Exhibit "A"isl hereby approved. SECTION 4. POWERS OF THE BOARD. Pursuant to Section 311.010(h) of the Act and Article III, 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 ini 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 in the Zone. In addition, the City Commission hereby authorizes the Board to exercise all of the powers of the City under Chapter 380, Texas Local Government Code, as amended. SECTION5. SEVERABILITY CLAUSE. Should any section, subsection, sentence, clause or phrase ofthis 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. SECTION 6. OPEN MEETINGS. It is hereby found, determined, and declared that sufficient written notice of the date, hour, place and subject of the meeting of the City Commission at which this Ordinance was adopted was posted at a 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, asi required by Chapter 551 ofthe' Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Commission further ratifies, approves and confirms such written notice and the contents and posting thereof. SECTION8. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption and publication in accordance with and as provided by law. INTRODUCED ont this the 15th day of October, 2024. PASSED AND APPROVED on this the. 28h day of October, 2024. Effective Date: CITY OF KINGSVILLE Sam Fugate, Mayor ATTEST: Mary Valenzuela City Secretary APPROVED ASTOI FORM: Courtney Alvarez City Attorney EXHIBIT A Project and Financing Plan # e K a € a F 55 Ssss 3 a5 1I I I I AEAI IMI IA AHE HH BI I MN I H H II I MI I 1 1A! I II mI 1 BBII 1H 1HI A 1R i MM I 1 I : I1 IMI I I : 11 IMI : 1 1M I I I MAI : 11 MM - 1 I : Fi i I 11 B : $ I : 1 BA E HI 1 II I 1 II 1 II € Mi : 1 1I 1 II B II I I I - 1I : 1 1I f 1 IpI I 11 1 I MH 1 m I4 " I IMI I II I I E I IMI II IMI MI II II IM 1 I IM MA IM MI F m : MI II MI I I m MI m MI mj : 4 - I H - MI IAI m II II I I I I - I! : Ij 1 : EI - BI I E II - I - A4 11 1 1 14 E 1 * m I I mI 11 "I m - m # E 555 - I 1 "I *3 E "I II "I HI m #I I 555 533 3 ' " " E : "I ' m 3 3 E55 " - " PE MII " " S6E5 I " 535 i 155 W " S 3 BI e 1 AHAI I *I I 3 i ad "I "E "I - "I I *I #I II "I 3 #I 3 "I " " "1 A B " 154 E ' - 317 " E " E8 " : a 4 E - " II 355 s854 " 4555 1 5 I I E5E B E3 B BA B I BAB 4 35 IMI AE A II B MHI I I I 555 131 I II 13 S ml MI I I 54 1 I 13: I IN ERB M 141 ERNS AGENDA ITEM #5 Ahorizahon 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: 1, 2024 Subiect-Authorirainggrementwith Vendor & BudgetAmendment for Creation LOfTIRZ#3 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 with the David Petit Firm forthe creation of Tax Increment Reinvestment Zones (TIRZ), with each TIRZ to be separately authorized at a cost of $40,000. TIRZ#2 (located on Santa Gertrudis Ave.) was authorized att that TIRZ#2 and the proposed creation of TIRZ #3 will create a tool to incentivize developers by providing ai method fori improringinfastructure 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 substantial highway frontage is the target for retail and multifamily development. The creation oft the' TIRZindicates 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 in the designated area. approval. FINANCIALIMPACTE As per the agreement with the David Pettit firm, the cost for TIRZ creation services is $40,000. Funding fori 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 fundingi in the amount of $40,000 for the creation OfTIRZ #3 with David Pettit Economic Development as the vendor. 1 TIRE - 3 i TIR23 Neldio Allen. Dr.. Boy, Jamin wuuip BSrahms. Bleit E-BranmaDws SPusizent Fais ad. N Cunittly. Road 3049" Alice Gors Caifrce iCd. 5 Maeters Di 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 Al 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 oft the City Commission on the 12th day of February 2024. AE Sam R. Pugate, Mayor ATTEST: monaylalargue Mary Valenzuela, City Secretary APPROVED ASTO FORM: Coule Courtney Alvarez, Clty-Aftorney 2 DAVID PETTIT B Economic Development January 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 to provide this proposal fore economic development professional: services relating tot the potential creation of multiple Tax Increment Reinvestment Zones ("TIRZ")in Itis our understanding that the City is interested in potentially creating multiple TIRZ districts with the purpose Our work undert this proposal would bet top provide professional economic development services. DPED's primary role will bet to provide professional economic development: services relatingt to creatingal TIRZ. Additionally, DPED may provide ongoing professional services related to economic development withint the City of Kingsville on an hourly basis, toi include but not be limited to, educational workshops for City Council and community: stakeholders, anda assistance with the implementation of the TIRZS. the City of Kingsville, Texas ("City"). The Project oft facilitating development. The Assignment The Team We propose working in a team organized as follows: Youwill be our point of contact and will provide overall direction1 to ouri team. Your 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 governing body of the municipality and establishes four key Preliminary project andi financing plan. Before adopting an ordinance designating the reinvestment zone, the governing body of the municipality must hold a public hearing on the creation of the zone and publish notice of the hearing not later than the seventh 306 West 7th Street, Suite 602/Fort Worth, Texas 76102 87A9915wmapalkam day beforet the public hearing. Afinal project andi financing plan iss subsequently approved byt the TIRZI Board and then by the governing body of the municipality. Any amendment to an existing TIRZ would follow these same Based on our conversations ando our experience on previous projects, we propose thei following scope ofs services for the TIRZ. Our proposed scope of services is divided into separate tasks, each providing a description oft the procedures. Scope of Services work tol be performed. andt the key products resulting from the task. Task1 1 District Review Our first step would bet to collect and analyze available information int the proposed TIRZ. This includes available development data; existing planning documents such as the comprehensive plan, land use plan, thoroughfare plan; physical information sucha as existingzoninga and land use, existing and planned infrastructure, andi topography; and property data such as ownership andt tax values. Task 2 Data Collection and Analysis Based upony parcel data provided byt the City, DPED would provide a geographici information system (GIS) database of existing values for land and improvements, ownership data, and current land use information. The database andr maps willp provide the baseline data for the analysis. Key products ofthis task wouldi include a TIRZ database and accompanying maps in digital and hard copy formats. Task3 Taxable Value Analysis Ar multi-year historic taxable value review of similar developments would be conducted to establish conservative assumptions of future taxable value for each parcel int the proposed: zone. We would also develop projections for future land uses, and timing of proposed developments. This task will bet 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 parcelby-parcel basis with projections based upon the historical taxable value review, development projections andi reasonable timing expectations. Task 4 Develop TIRZ Cash Flow Model Based on the anticipated land uses and projections, DPED would develop a draft financing cash flow model (and supporting 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 oft this task would include excel spreadsheets of TIRZ Cash Flow Models with macros established for growth and development assumptions. Task5 Prepare TIRZ Project and Financing Plan DPED would then develop the Finance Plan, Project Plans, and Detailed Description of TIRZ, and other exhibits required for local government review and approval per the 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 at tax increment analysis. TIRZI Documentation Support Task 6 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-consumingi process for City Page 20f5 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 appointing the appropriate TIRZI board per the TIRZ creation ordinance. Ourt feei fors services relating tot thes scope ofs services would! be al lumps sum fee of $40,000 per TIRZ creation. Each TIRZ assignment would be initiated by DPED through separate written authorization by City. Individual written TIRZ authorization shall be provided via email to dpettredpedlic.com. Fees would be charged monthly, Ongoing professional services related to economic development within the City of Kingsville, to include but not be limited to, educational workshops for City Council and community stakeholders, and assistance with the implementation: oft the' TIRZS, would be billed on an hourly basis and would be charged monthly. Reimbursable expenses nott 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 effort related tot the creation of the TIRZ. thei interest oft thej project at actual costs. Changes of Scope and Additional Services until authorized in writing byt the Client. Additional Services and Rates for Hourly Services compensation is mutually agreed upon. Our current hourly rates are: Classification David Pettit Project Manager Project Specialist Planning Intern Administrative Hourly Billing Rate $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 Itis anticipated thatt thes services covered int thep proposal willl be completed withini twelve (12)r months oft the date services begin. This Agreement will terminate upon the earlier of completion of services or twelve (12) months from the date of this Agreement. Additionally, Client mayt terminate this Agreement for any reason upon thirly (30) days written notice to DPED and DPED will cease any and all work upon receipt of such notice, unless otherwise directed in the notice. Ini the event of at termination as described above, Client shall be responsible fort the paymento oft thet fees and expenses incurred by DPED pursuant tot this agreement through the date ofs such We propose to be reimbursed for out-of-pocket expenses incurred in the 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; document printingando deliverydocument; graphics and binding; delivery, postage andI handling; travel time; special materials; pnotograpny; etc. (Reasonable backup will be available upon request.) Payment fors services rendered is due withint thirty (30) days of Client's next monthly billing cycle following receipt of invoice. In the event any invoices remain unpaid 45 days after the invoice date, we suspend work until we revised to reflect changes ins staff salaries over the precedingyear. Term of Agreement termination. Reimbursables Invoices and Payments Page 30f5 have been paid ini full all amounts due for services ande expenses. Amounts unpaid for more than 30 days after the due date may accrue interest at 10% per annum. In the event we are forced to commence a collection proceeding, you agree to pay reasonable: attorney's1 fees and court costs, in addition to our fees 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 Ift the scope ors schedule oft the project should change beyond thatt tol be reasonably expected. duet to the program changes, schedule or other reason, at their option, DPED may re-negotiate the aforementioned fees and scope ofv work. Any renegotiation of scope or fee willl be in writing and subject tot thes signing of both parties. Guarantees and Warranties: Wev will not be required to execute any document that would resulti in our certifying, guaranteeing or warranting the existence of conditions whose existence we cannot ascertain. Thank, you again fort this opportunity to work with you. Your signature below and the return of one copy to us 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 per occurrence and $2,000,0001 int the aggregate to client. Additionally, DPED: shall carrythei followingi insurance proposal. Suspension and' Termination written notice willl be reimbursed at DPED's standard hourly rates. Certifications Authorization: tol Proceed Insurance coverages: our file will confirm your approval and authorize us to proceed. (a) Workerscompensation insurance att thes statutory! limits and mplyerslsblynsuane, 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 ofi insurance issued to Client evidencing thet foregoing insurance coverages and evidencing that Client and Client's lender, if any, are additional insured parties with respect to thei insurance policies referred toi inthe Any notice required orp permittedt tol be given to either partyshalll be deemed tol be received bys such party (a) three (3) days after deposit int the United States Registered or Certified Mail, Return Receipt Requested, or (b) one(1) business day after deposit withar nationally recognized overnight deliveryservice: for next day delivery, or (c) upon personal delivery to the party to whom addressed provided that ar receipt of such delivery is obtained, or (d) on ther next business day aftert transmission bytelecopy provided thata a confirmation copyi is concurrently deposited in United States Certified or Registered Mail, Return Receipt Requested, in any case addressed tot thep parties at minimum! limits of 1.00.0000/910009000.0/51.9000001 and occurrence and $4,000,000.00 in aggregate; and combined single limit each occurrence; and foregoing subparagraphs (b) and (). Notices thef following addresses: Page 4 of5 Ifto Client: City of Kingsville, Texas P.O. Box 1458 Kingsville, TX78364 Ifto DPED: Attention: Mark McLaughlin, City! Manager Email: bomanstrdtebahtaslscon David Pettit Economic Development, LLC. 306 West Seventh Street, Suite 602 Ft. Worth, TX 76102 Attention: David Pettit Email: dpettrt@dpedlc.com as herein provided. SUMMARY ortot the parties ats such other addresses ort telecopy numbers as they may designate by notice tot the other party Ihope this accurately outlines the professional services you anticipated. Ify you have any questions or concerns please do not! hesitate to contact me at 817.439.9421. Thank) youf for considering David! Pettit Economic Development, LLC. Sincerely, David Pettit Managing Member proceed. Ifthis agreement meets withy your approval, please sign and return one executed copy to our office as notice to AGREED' TO AND ACCEPTED BY: By: Date: yfzy Page 5 of5 RESOLUTION #2024- A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENGAGE THE SERVICES OF DAVID PETTIT ECONOMIC DEVELOPMENT, LLC AS PER PRIOR AGREEMENT, FOR THE CREATION OF TIRZ#3; 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 of 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 received from David Pettit Economic Development, LLC, whose qualifications WHEREAS, the City Commission approved a TIRZ Creation Services Agreement between the City of Kingsville and David Pettit Economic Development, LLC via Resolution #2024-12 at a City Commission meeting held on February 12 2024; WHEREAS, the City seeks to create a third TIRZ and wants to engage the services of David Pettit Economic Development, LLC under the previously approved agreement that allows for additional TIRZ to be created at a cost of assist with that endeavor; were reviewed and accepted; $40,000 each, and funding has been identified for this new TIRZ. NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Kingsville, Texas: I. THAT the City Manager is authorized and directed as an act of the City of Kingsville, Texas to enter a new scope of work for the creation of TIRZ#3 under the Agreement for TIRZ Creation Services between the City of Kingsville and David Pettit Economic Development, LLC previously approved on February 12, 2024. I. THAT all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict only. III. THAT this Resolution shall be and become effective on and after adoption. PASSED AND APPROVED by a majority vote of the City Commission on the 15th day of October 2024. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #6 3.A. 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: October1, 2024 Subject-AuthorizingAgreementwaith Vendor & Budget AmanatiscsaaTRa 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 with the David Petit Firm fort the creation of Tax Increment Reinvestment Zones (TIRZ), with each TIRZ to be separately authorized at a cost of $40,000. TIRZ#2 (located on Santa Gertrudis. Ave.) wasa authorized att that TIRZ#2 and the proposed creation of TIRZ #3 will create a tool to incentivize developers by providing al method for improvinginfastructare 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 substantial highway frontage is the target for retail and multifamily development. The creation oft the' TIRZindicates: 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. FINANCIALIMPACT: As per the agreement with the David Pettit firm, the cost for TIRZ creation services is $40,000. Funding for 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 $40,000 for the creation OfTIRZ #3 with David Pettit Economic Development as the vendor. 1 FIRZ 3 TIRZ' 3 Neidia Allen Dr. Bagt At an suapart blvd Branma Bid Bramaby E Puisen Fas Dvi M Cuntly Rusa! InA Alice 1 B Gell Cafivn Ka E SIRtRE 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 of 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 toi 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 oft the City Commission on the 12th day of February 2024. Sam R. Pugate, S ATTEST: many.lalarula Mary' Valenzuela, City Secretary APPROVED AS TO FORM: Ceules Courtney Alvarez, Clty-Attomey 2 DAVID PETTIT Economic Development January 8, 2024 Mark McLaughlin City Manager City of Kingsville P.O. Box1458 Kingsville, TX78364 RE: Professional Services Proposal Dear Mr. Mclaughlin: David Pettit Economic Development,l LLC("DPED") is pleasedt top providet this proposal for economic development professional services relating tot the potential creation of multiple Taxl Increment Reinvestment: Zones ("TIRZ")in Iti is our understanding that the City is interested in potentially creating multiple TIRZ districts with the purpose Our work undert this proposal would bet to provide professional economic development: services. DPED's! primary role will be to provide professional economic development: services relating to creating al TIRZ. Additionally, DPEDI may provide ongoing professional services related to economic development withint the City ofK Kingsville on an! hourly basis, toi include but not be limited to, educational workshops for City Council and communtysiakeholdes, and: assistance with thei implementation oft the TIRZS. the City of Kingsville, Texas ("City"). Thel Project off facilitating development. The Assignment The' Team We propose workingi ina at team organized as follows: Youwill be our point of contact and will provide overall direction1 to ourt team. Your 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 governing body of the municipality and establishes four key Preliminary project and financing plan. Before adopting an ordinance designating the reinvestment zone, the governing body of the municipality must hold a public hearing on the creation of the zone and publish notice oft the hearing not later than the seventh 306 West 7th Street, Suite 602] Fort Worth, Texas 76102 $72A9515wmdpall.mm dayl before the public! hearing. At final project andi financing plan is subsequently: approved byt the TIRZI Board and then by the govering 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 thet following scope ofservices for the TIRZ. Our proposed scope of services is divided into separate tasks, each providing a description oft the procedures. Scope of Services work to be performed and1 thel key products resulting from thet task. Task1 District Review Ouri first step would bet to collect and analyze available information in the proposed TIRZ. This includes available development data; existing planning documents such as the comprehensive plan, land use plan, thoroughfare plan; physical information: sucha ase existingz zoning andI land use, existing and planned infrastructure, and topography; and property data such as ownership and tax values. Task2 Data Collection and Analysis Based upon parcel data provided bythe City, DPED would providea as geographic information: system (GIS) database of existing values for land and improvements, ownership data, and current land use information. The database and maps will provide the baseline datai fort the analysis. Key products ofthis task wouldi include al TIRZ database and accompanying maps in digital and hard copy formats. Task3 Taxable Value Analysis An multi-year historic taxable value review of similar developments would be conducted to establish conservative assumptions off futuret taxable value for each parcel in1 the proposed zone.' We would also develop projections for future land uses, and1 timing of proposed developments. This task will 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 as spreadsheet model on a parcel-by-parcel basis with projections based upon the historical taxable value review, development projections and reasonable timing expectations. Task4 Develop' TIRZ Cash Flow Model Based on the anticipated land uses and projections, DPED would develop a draft financing cash flow model (and supporting 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 oft this task would include excel spreadsheets of TIRZ Cash Flow Models with macros established for growth and development assumptions. Task5 5 Prepare TIRZE Project and Financing Plan DPED would then develop the Finance Plan, Project Plans, and Detailed Description of TIRZ, and other exhibits required1 forl local government review and approval per the statel 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 that support the plans. Key products would include a preliminary TIRZ Project and Financing Plan comprised of al legal description of the zone, proposed TIRZ projects, estimated project costs, term of the zone and ai 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 bea a time-consumingi process for City Page 20f5 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 creatinga and appohntingtneappopiate TIRZI board per the TIRZ creation ordinance. Ourt feef forservices relating tot thes scope ofs services would be al lump sumt fee of $40,000 per TIRZ creation. Each TIRZ assignment would bei initiated by DPED through separate written authorization by City. Individual written" TIRZ authorization shall bep provided via email to dpettredpedlic.com. Fees would be charged monthly, Ongoing professional services related to economic development within the City of Kingsville, toi include but not be limited to, educational workshops for City Council and community stakeholders, and assistance with the implementation of the TIRZS, would bel billed on an hourly basis and would be charged monthly. Reimbursable expenses nott 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 effort related tot the creation of the TIRZ. thei interest oft the project at actual costs. Changes of Scope and/ Additional Services until authorized! in writing byt the Client. Additional Services and! Rates for Hourly Services compensation is mutually agreed upon. Our current hourly rates are: Classification David Pettit Project Manager Project Specialist Planning Intem Administrative Hourly Billing Rate $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 Itis anticipatedthatt thes services covered int the proposal will be completed within twelve (12)r months oft the date services begin. This Agreement will terminate upon the earlier of completion of services or twelve (12) months from the date of 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 of at termination as described above, Client shall be responsible for the payment of thef fees ande expenses incurred by DPED pursuantt tot this agreement through the date ofsuch We propose to be reimbursed for out-of-pocket expenses incurredi 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; documentprintingand delivery; document; graphics and binding; delivery, postage and handling; travel time; special materials; photography, etc. (Reasonable backup willl be available upon request.) Payment for services rendered is due within thirty (30) days of Client's next monthly billing cycle following receipt of invoice. In the event anyi invoices remain unpaid 45 days after the invoice date, we suspend work until we revised to reflect changes in staffs salaries over the preceding year. Term of Agreement termination. Reimbursables Invoices and Payments Page 3 of5 have been paid int full all amounts duet for services and expenses. Amounts unpaid for more than 30 days after the due date may accrue interest at 10% per annum. In the event we are forced to commence a collection proceeding, you agreet to pay reasonable attorey's fees and court costs, ina addition to our fees 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 ors schedule of the projects should change beyond that tol be reasonably expected duet to the program changes, schedule or other reason, at their option, DPED may re-negotiate the aforementioned fees and scope of work. Any renegotiation of scope orf fee willi be in writing ands subject tot thes signing of both parties. Guarantees and Warranties: Wer will: not be required to execute any document that would resulti in our certifying, guaranteeing or warranting the existence of conditions whose existence we cannot ascertain. Thank you again fort this opportunity to work with you. Your signature below and the return of one copy to usi 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 per occurrence and! $2,000,0001 int the aggregate to client. Additionally, DPED shall carryt thet followingi insurance (a) Workerscompensation: insurance att thes statutorylimits: ande mplyerslahlynsunno, 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 ofi insurance issued to Client evidencingt the foregoinginsurance: coverages ande evidencingthat Client and Client's! lender, fany, are additional insured parties with respect to thei insurance policies referredi toi int the Anyr notice required or permittedt to! be given to either partyshalll be deemedi tol be received bys such party (a) three (3) days after deposit int the United States Registered or Certified Mail, Return Receipt Requested, or (b) one (1) business daya after deposit witha ar nationally recognized overight deliveryservice: for next day delivery, or (c) upon personal delivery to the partyt to whom addressed provided that a receipt of such delivery is obtained, or (d) on ther nexth business daya aftert transmission by telecopy provided thata a confirmation copy is concurrently deposited inl United! States Certified or Registered Mail, Retum Receipt Requested, in any case addressed tot the parties at proposal. Suspension and" Termination written notice willl ber reimbursed at DPED's standard hourly rates. Certifications Authorization tol Proceed Insurance coverages: our file will confirm youra approval and authorize usi to proceed. minimum limits of 51.0000.00/510000000/51,0000003 and occurrence and $4,000,000.00 in aggregate; and combined single! limit each occurrence; and foregoings subparagraphs (b) and (c). Notices thet following addresses: Page 4of5 Ifto Client: City of Kingsville, Texas P.O. Box: 1458 Kingsville, TX78364 IftoD DPED: Attention: Mark McLaughlin, Cityl Manager Email: citymanager@citvofkingsvile.com David Pettit Economic Development, LLC. 306 West Seventh Street, Suite 602 Ft Worth, TX 76102 Attention: David Pettit Email: dpettredpedlc.com as herein provided. SUMMARY ortot the parties at such othera addresses ort telecopy numbers ast they may designate by notice tot the other party Ihope this accurately outlines the professional services you anticipated. Ify you have any questions or concerns please do not hesitate to contact me at 817.439.9421. Thanky yout for considering David Pettit Economic Development, LLC. Sincerely, David Pettit Managing Member proceed. Ifthis agreement meets withy your approval, please sign and return one executed copy to our office as notice to AGREED TO AND ACCEPTEDI BY: By: Date: yfezy Page! 50 of5 ORDINANCE NO. 2024- AN ORDINANCE AMENDING THE FISCAL YEAR 2024-2025 BUDGET TO APPROPRIATE FUNDING FOR TIRZ; #3. 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#2 Dept Dept Name No. Expenditures 1060 Econ Dev Account Name Account Budget Number Increase Decrease Budget Fund 123 = Economic Development Program Professional Services 31400 $40,000 [To amend the City of Kingsville FY: 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 #7 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 OFI NOTICE OF WHEREAS, the City Commissioners of the City (the "City Commission") of Kingsville, Texas (the "City") received a petition (the "Petition") requesting creation ofa public improvement district (the "PID") under Chapter 372 of the Texas Local Government Code (the "Act"), from the record owners of taxable real property representing moret than fifty percent (50%) oft the appraised value oft the real property liable for assessment (as determined by the most recent certified appraisal roll: for Kleberg County) ini the proposed PID and the record owners of taxable real property that constitute more than 50% of all oft the WHEREAS, the Petition, a copy of which is attached hereto as Exhibit A, has been examined, verified, and found to meet the requirements of Section 372.005(b) of the Act and to be sufficient for WHEREAS, the boundaries oft the proposed PID are described in the attachment toi thel Petition and shown on the map attached hereto as Exhibit B, said area for the PIDI being within the City; and WHEREAS, the City Commissioners accept the Petition and desire to schedule a public hearing to consider the creation oft the PID to finance the following public improvements: onsite roads (including, but not limited to a collector road) and associated utility improvements (water, sewer, drainage), offsite sewer extension (and if needed, offsite roads, water, and drainage), onsite public improvements for residential lots (sewer, water, streets, and drainage), the improvement and construction of water, sanitary sewer, drainage, dry utilities (gas and electric), detention ponds, storm sewer, road, landscaping in public rights of way, or sidewalks, right of way acquisition costs, easement acquisition costs, appraisal costs, geotechnical and hydrological engineering costs, environmental inspections/estingand remediation costs, well plugging costs, demolition costs, floodplain reclamation costs, tree mitigation costs, park/entrylamenity improvement costs, including any cost or expense of purchasing, constructing, maintaining, acquiring, owning, operating, repairing, leasing, improving, extending, or paying for inside (i.e. onsite) and outside (i.e. offsite) the district boundaries; flood plain and wetlands regulation and endangered species permits, stormwater permits, including mitigation; and all works, improvements, facilities, plants, equipment, appliances, interest in property, and contract rights needed thereof, and administrative facilities needed in connection therewith, related surveying, engineering, and legal fees, costs and expenses, and all rights ofway and other interests in landi necessary or convenient in connection therewith, as well asi reasonable contingencies, associated with the costs of public improvements (colleçtively, the "Authorized Improvements"). Further, the public improvements: financed byt the District may include public improvements in compliance with Chapter 372and in accordance with governing laws. These Authorized Improvements shall promote the interests oft the City THE] PUBLIC! HEARING area ofall taxable real property that is liable for assessment under thej proposal; and consideration by the City Commission; and and confer a special benefit upon thel Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SECTION 1: THATa public hearing is hereby scheduled at 5:00 p.m. on November 12, 2024, at City Hall, Helen Kleberg Groves Community Room, 400 West King Avenue, Kingsville, Texas 78363 to receive public comment oni the creation oft the PID: in the area described int the petition attached as Exhibit KINGSVILLE, TEXAS: A and as shown on the map in Exhibit B, pursuant to the Act; and SECTION 2: THAT notice ofs said hearing, in the substantially final form presented herewith in Exhibit C, with such changes as may be approved by the City's counsel, shall be published ina a newspaper ofg general circulation in the City before the 15th day prior to the hearing as required by the Act; and SECTION3: THAT written notice, in the substantially final form presented herewith with such changes as may be approved by the City's counsel, shall be mailed to each property owner, as reflected on the tax rolls, of property subject to assessment under the PID, before the 15th day prior to the date set for the hearing. Passed by the City Commission of the City of Kingsville this 15th day of October 2024. Sam Fugate, Mayor City of Kingsville, Texas ATTEST: Mary Valenzuela, TRMC, CMC, City Secretary City of Kingsville, Texas APPROVED ASTOFORM: Courtney Alvarez, City Attorney City of Kingsville, Texas EXHIBIT. A PETITION A-1 PETITION FORTHE CREATION OF AFUBLICIMPROVEMENT DISTRICTTO: BE NAMED THE SOMERSET PUBLICIMPROVEMENT DISTRICT NUMBER1 THE STATE OF TEXAS CITY OFKINGSVILLE $ S S TO: THEHONORABLE MAYOR AND COMMISSIONERS OFTHE CITY OF KINGSVILLE The undersigned petitioner (the' "Petitioner"), acting pursuant tot the provisions of Chapter 372 ofthe Texas Local Government Code, as amended (the "Code"), submits this petition ("Petition") to the City Secretary to request the creation ofap publici improvement district (the "District") int thet territory described in Exhibit A attached hereto (the "Subject Property") within the City ofl Kingsville, Texas (the "City"), and in support Section 1. Petitioner. In compliance with the requirements of the Code, Section 372.005(b), as determined by the current tax roll ofthel Kleberg County Appraisal District, thel Petitioner constitute: (i)t the owners oftaxable real property representing moret thani fifty-percent (50%) ofthea appraised value oftaxable real property proposed to be liable for assessment under thej proposal described herein, and (ii) the record owners oftaxable real property that constitutes more than fifty-percent (50%) oft the area of all taxable real ofthis petition thel Petitioner presents thei following: property that is liable: for assessment under such proposal. Section 2. Name. A public improvement district is being requested, which shall be named the "Somerset Public Improvement District Number 1" (referred to herein as the' "District"). Section 3. General Nature of the Proposed Public Improvements. The general nature oft the work proposed tol be done mayi include, buti isi not limited to, onsite roads (including, but not limited toad collector road) and associated utility improvements (water, sewer, drainage), offsite sewer extension (and if needed, offsite roads, water, and drainage), onsite public improvements for residential lots (sewer, water, streets, and drainage), the improvement and construction of water, sanitary sewer, drainage, dry utilities (gas and electric), detention ponds, storm sewer, impact fees for capacity, road, landscaping inj publicrights ofway, or sidewalks, right of way acquisition costs, easement acquisition costs, appraisal costs, geotechnical and hydrological engineering costs, environmental inspections/testingand remediation costs, well plugging costs, demolition costs, water and sewer impact fees, floodplain reclamation costs, tree mitigation costs, park/entrylamenity improvement costs, including any cost or expense of purchasing, constructing, maintaining, acquiring, owning, operating, repairing, leasing, improving, extending, or paying for inside (i.e. onsite) and outside (i.e. offsite) the district boundaries; flood plain and wetlands regulation and endangered species permits, stormwater permits, including mitigation; and all works, improvements, facilities, plants, equipment, appliances, interest in property, and contract rights needed thereof, and administrative facilities needed in connection therewith, related surveying, engineering, and legal fees, costs and expenses, and all rights ofv way and other interests in land necessary or convenient in connection therewith, as well as reasonable contingencies, associated with the costs of public improvements (collectively, the "Authorized Improvements"). Further, the public improvements financed by the District may include public improvements in compliance with Chapter 372 andi in accordance with governing laws. Page 1 of10 Petition to Createl PID 08/12/2024 Section 4. Estimated Cost ofProposed) PublieImprovements The estimated cost is approximately $25,000,000 (including formation, issuance and other financing costs) (the Authorized Improvement Section 5. Boundaries. The proposed boundaries are described as metes and bounds in Exhibit A Section 6. Proposed Method of Assessment. The Petitioner requests that the City authorize the District to accomplish its purposes and costs of services and improvements by an assessment against the Subject Property based on the special benefits accruing to the Subject Property because oft the Authorized Improvements. The Code provides that the Authorized Improvement Cost may be apportioned to and assessed against the Subject Property in any manner that results in imposing equal shares of the cost on property similarly benefitted including, butr not limited to, per front foot or square foot; value ofthep property as determined by the governing body, with or without regard to improvements on the property; or in any other manner that results in imposing equal shares of the cost on property similarly benefitted. The assessment methodology will result in each parcel paying equal shares costs of the Authorized Improvements with the assessments based on the special benefit conferred on the parcels by such Section 7. Apportionment of Costs between the Cityand the District. Thel Petitioner proposes that the Authorized Improvement costs be apportioned solely to the District to the extent the Authorized Improvements confer a special benefit on the Subject Property. Approval and creation oft the District will not obligate the City toj provide any funds toi finance the Authorized Improvements. All costs ofthel District Section 8. Management of the District. The Petitioner requests that the! District be managed by the City with, at the City's option, the assistance ofa third-party administrator hired by the City and paid for Section 9. Advisory Body. An advisory board may be established by the City to develop and The signer ofthis petition requests the establishment of the District and this petition will be filed with the City Secretary in support oft the creation oft the District by the City Commission: as herein provided. Cost"). and further shown in Exhibit B. improvements. shall be paid by and apportioned tot the District, and nott toi the City, as a whole. as part oft the administrative costs ofthe District. recommend an improvement plan toi the City Commission. [Signatures follow on next pages] Page 2 of10 Petitiont toc Create PID 08/12/2024 Wherefore, this Petition satisfies all of the requirements of the Code for the creation of the District, and thel Petitioner respectfully request the City create thel District and include. the Subject Property within such District, as described herein. Respectfully submitted, this 12" day of August, 2024. PETITIONER: SOMERSETLAND DEVELOPMENIULC /Wiley Mclwain/ Manager "Mlmiha ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF Sanfabiab $ S This instrument was acknowledgment before me on1 this 12 ay of August, 2024; by WileyMcllwain, Manager. Jevsw Mi Notary Public, State ofTexas Printed Name ofNotary: Tevesa ( Gbson Commission Expiration: 04 -23-2029 TERESA GIBSON Notary Public, State of Texas! Conm. Expires 04-23-2028 Notary ID 6207348 Page3c of10 Petition lo Create PID 08/12/202-1 URBAN ENGINEERING UE JobNo. 43534.C2.00 May 5, 2022 ExhibitA A 54.53 Acre' Tract STATE OF TEXAS COUNTY OFI KLEBERG Fieldnotes, for a54,43. Acre' Tract ofLand, being comprised ofthree' Tracts,a ap portion ofa 27.21. Acre Tract (Called 27.22. Acre Tract) out ofLots 2 & 5,S Section No. 21, Kleberg Town and) Improvement Company's Subdivision, a map of which is recorded in Book A, Pg. 85, Map Records of Kleberg County, Texas, called 27.22. Acre Tract describedin: a Special WarrantyDeedi from Victoria Bank: and' Trust Companyt tol Eddie Yaklin, recordedin Volume 79, Page 154, Official Records of Kleberg County, Texas, a 12.36 Acre' Tract out oft the. John Clayton Addition,a a mapo ofwhichi isi recordedi in Envelope 145,1 Mapl Records ofKleberg County, Texas, said 12.36A Acre' Tract described ina Warranty Deed from Jose. A. Mendoza and. Alice G. Mendoza tol Eddie L. Yaklin, recorded in Volume 157, Page 271. Official Records ofKleberg County, Texas, and a2 29.83 Acre' Tract (Called31.09 Acre' Tract) out ofLot 6, Section No. 21, Kleberg Town and) Improvement Company's Subdivision, a map of which is recorded in Book A, Pg. 85, Map Records of Kleberg County, Texas, called 31.09 Acre Tract described in a Warranty Deed from Lorell M. Ryan to Eddie Yaklin, recorded in Volume 427, Page 740, Official Records ofE Kleberg County, Texas; Beginning, ata 5/8: Inchl Iron) Rod with red plastic cap stamped' "URBANE ENGR CCTX" Set, ont the East boundary line ofa27.22 Acre Tract ofLand as describedi in al Warrantyl Deed with Vendor'sLieni from Dawn Mariel Hensley to' Thomas Best and Glenda Best, recorded in Volume 487, Page 386, Official Records ofKleberg County, Texas, beingt thel Northwest comer ofa 20 Foot widel Drainage Easement as shown ont the: recorded plat of Manning Place, ar map ofwhichi is recordedi inl Envelope 117, Plat Cabinet 1, oft the said Mapl Records, for the Southwest comer of Thence, North 00°5259" West, with the common boundary line of the said 27.22. Acre Tract and the said 29.83 Acre' Tract, 1118.821 Feet, toas 5/81 Inchl Ironl Rod with redj plastic cap stamped "URBANI ENGR CCTX" Set, being thel Northeast corner oft the said 27.22 Acres, the West boundary line oft the: said 29.83. Acres, the Southeast comer oft thes said 27.21 Acres and: for ani inner ell comer of this' Tract, from Whence a 5/8 Inch Iron Rod Found, bears Thence, South 89°06'04" West, with the common boundary line of the said 27.22 Acre' Tract and the said 27.21 Acre Tract, 276.60 Feet, to a 5/8. Inchl Iron Rod with ai red plastic cap stamped "URBANI ENGR CCTX" Set, for a corner ofthis' Tract, from' Whence, a5/81 Inchl Iron) Rod Found, fort the Southwest corner ofthes said 27.21 Acre'l Tract said: 54.53 Acre Tract beingi more: fully described as follows: thes said 29.83. Acre Tract and a Southwest comer ofthis Tract; North 48°37'05" West, 2.99) Feet; bears, South 89°06'04" West, 842.75 Feet; Uhemho)DaasanympiswASSACADORICFMETES AIDPOUDSEXESAC.A4ADBaayDas OFFICE: (361)854-3101 2725 SWANTNERDR. . CORPUS CHRISTI, TEXAS 78404 FAX(361)854-6001 Pagelof4 www.urbaneng.com TBPE) Firm! #1 145 . TBPLS Firm: #1 10032400 Page 4 of 10 Thence, North 00957'56" West, over and acrosst thes said 27,21 Acre Tract, 768.72) Feet, to a 5/8 Inchl Iron) Rod with ared plastic cap stamped" "URBANI ENGR CCTX" Set, for ani inner ell comer ofthis' Tract; Thence, South 89°06'04"1 West, over anda across the said 27.21 Acre' Tract, 842.751 Feet, to a: 5/81 Inchl Iron Rod with ared plastic caps stamped' "URBANENGR CCTX" Set, ont the West boundary) line ofthes said2 27.21 Acre' Tract, for Thence, North 00°57'56" West, with the West boundary line of the said 27.21 Acres, at 285.19 Feet, pass a 5/8 Inchl Iron] Rody withj plastic cap stamped "RPLS 1963"] Found in concrete, in all 291.28 Feet, to a 5/81 Inchl Iron Rod with red plastic cap stamped' "URBAN ENGR CCTX" Set, being the Southwest corner of] Lot 1, Burris Acres, a map ofv whichi ist recordedi in Volume 2,1 Page 45, ofthes said? Mapl Records, fort thel Northwest corner ofthes said 27.21 Thence, North 89°06'04". East, with the common boundary line ofLots 1-5, ofthes said) Burris Acres andt the said 27.21. Acres, 1117.401 Feet, toa a 5/8 Inchl Iron) Rod with ared plastic cap stamped' "URBANI ENGR CCTX" Set, on the West! boundary line ofa16.73 Acre' Tract as described: ina a Special Warranty Deed from Goldia Burroughs Hubert to Goldial Burroughs] Hubert and] Laverne, Patrick Hubert, recorded in] Document. No. 308415, oft the said Official Records, being the Southeast comer oft the saidI Lot5, Burris. Acres, thel Northeast corner oft the said 27.21 Thence, South 01°03'44" East, with the common boundary line oft the said 16.73 Acres and thes said 27.21 Acres, 188.121 Feet, to a 5/8 Inch Iron) Rod with red plastic cap stamped' 'URBAN ENGR CCTX" Set, on the East boundary line oft the said 27.21. Acres, fort the common comer oft the said 16.73. Acres, the said 12.36 Acres and of this' Tract, from Whence a 5/81 Inchl Iron) Rod) Found, bears) North 43°21'41" East, 3,261 Feet; Thence, North 88956'16" East, withi the common boundary line oft the said 16,73. Acres and the said 12.364 Acres, 639,51 Feet, to a5 5/81 Inch Iron] Rod withj plastic cap stamped' "TEXAS GEO TECH" Found, on the South boundary line ofthe said 16.73. Acres, fort the common comer ofLot A, John Clayton Addition, a map ofwhichis recordedi inl Envelope 145, oft the said Mapl Records, thes said 12.36 Acres and oft this' Tract; Thence, South 01°03'44" East, with the common boundary] line ofLots A and B, oft the said. John Clayton Addition and the said 12.364 Acres, at 350.00! Feet, pass a: 5/81 Inchl Iron) Rod) Found, being the common corner of the said Lots A and) B, in all 700.001 Feet, to a! 5/8 Inchl Iron! Rod] Found, for the common corner ofthes said LotB, Thence, North 88°56'16" East, withi the common boundaryl line oft the said Lot) B andi thes said 12.36 Acres, 622.30 Feet, to the West] Right-of-Wayl line ofF.M. 1717, aj public roadway, the common corner oft the said) LotB, thes said 12.364 Acres andi for al Northeast comer oft this Tract, from Whence a 5/81 Inchl Iron Rod) Found, bears Thence, South 01°01'10" East, with the common boundary line oft thes said F.M, 1717, the said 12.36 Acres and thes said 29.83. Acres, 146.441 Feet, to a5 5/8 Inchl Iron Rod with red plastic cap stamped 'URBANI ENGR CCTX" Set, on1 the said Right-of-Wayl line, for a common corner ofLot 5,1 Block 2,1 Manning Place, a map ofv whichi is recorded: in Volume 106, Page 4, Envelope 24, oft thes saidl Map Records, thes said 29.83. Acres and ofthis' Tract, fort the! beginning ofai non-tangent curve tot thel Left, having a delta of90045'23", ar radius of 15.001 Feet, an arc an outer corner oft this' Tract; Acres and oft this' Tract; Acres andi for an outer ell comer oft this' Tract; thes said 12.36 Acres andi for ani inner ell comer oft this Tract; North: 28°09'42" West, 0.221 Feet; length of23.761 Feet, and a chord which bears North 45041'58" West, 21.35) Feet; Uhmbo)DamsanympaswPOACMOOTICSMETS ANDBOUNDSIEX8SACPID: Boundary.Docx OFFICE: (361)854-3101 2725 SWANTNER, DR. . CORPUS CHRISTI, TEXAS 78404 FAX(361)854-6001 Page2of4 www.urbaneng.com TBPE) Firm: #I 145 s TBPLSI Firm # 10032400 Page e5of10 Thence, with thec common boundary line oft thes said) Lot 5, thes said 29.83 Acres and the said non-tanget curvet to thel Left, 23.761 Feet, to a 5/8) Inch Iron! Rod Found, for a common corner oft the said) Lot 5, the said 29.83 Acres Thence, South 88055'20" West, with the said common boundary line, 202.621 Feet, to al 1/21 Inch Iron) Rod Found, being the common comer oft thes said) Lot 5, the said 29.83. Acres and for ani inner ell comer ofthis Tract; Thence, South 00°57'57" East, with the common boundaryl line ofLots 1-5, Block2, ofthes said! Manning] Place and the said 29.83. Acres, at 120.001 Feet, pass a 5/81 Inchl Iron] Rod Found (In Pipe), being the common comer of thes said Lots 4 and: 5, ina all 600.201 Feet,t toa a 5/81 Inchl Iron Rod with red plastic caps stamped "URBANENGR CCTX" Set, beingt the common corner oft the said Lot 1, Block 2, the said 29.83. Acres andi fort thei inner ell comer Thence, North 88955'20" Bast, with the common boundary line oft the saidl Lot 1, Block 2: and thes said 29,83 Acres, 204.661 Feet, to a 5/81 Inch) Iron) Rod with redj plastic cap stamped URBANI ENGR CCTX" Set, being the common comer oft thes said) Lot 1, Block 2, thes said 29,83 Acres and ofthis' Tract, for the beginning ofa circular curve tot thel Left, having a delta of 90°3613", ar radius of 15.00Feet, an arc. length of23.721 Feet, anda a chord Thence, with the common boundaryl line oft thes said) Lot 1, thes said 29.83. Acres and thes said circular curve tot the Left, 23.72 Feet, to a 5/8) Inchl Iron Rod with red plastic cap stamped 'URBAN ENGR CCTX" Set, ont the said Right-of-Way line, for a common corner oft thes said Lot 1, the said 29.83. Acres and of this Tract; Thence, South 00°10'52" East, with the common boundary line of thes said) Right-of-Wayl line and fhe said 29.83 Acres, 90.41 Feet, to a 5/8] Inch Iron! Rod withi red plastic cap stamped 'URBAN ENGR CCTX" Set, on thes said Right-of-Wayl line, being a common corer ofLot 14, Block 1, oft thes said) Manning Place, thes said 29.83. Acres and oft this' Tract, fort the beginning ofai non-tangent curvet to the! Left, having a delta of 90°45'23", aradius of 15.00 Feet, an arc length of23.76! Feet, and a chord which bears] North 45036'26" West, 21.35] Feet; Thence, with thec common boundary line ofthe said Lot 14, the said 29.83. Acres and thes saidi non-tangent curye tot the Left, 23,761 Feet, toa 5/81 Inch) Iron) Rod with redj plastic caps stamped 'URBANI ENGR CCTX" Set, for a Thence, South 89°00'53" West, with the said common boundary line, 203.55 Feet, to a 5/81 Inchl Iron! Rod with red plastic cap stamped' "URBAN: ENGR CCTX" Set, fora a common corner oft the said) Lot 14, the said 29.83 Thence, South 00957'57" East, with the common boundary line ofLots 11-14, oft thes said) Block1 and the said 29.83. Acres, at 250.00F Feet, pass a 5/81 Inch Iron) Rod Found, ont the common corner oft thes said] Lots 12 and 13,in all 499.501 Feet, tot the North boundaryl line ofLots 9, Block 1, Manning Places, ai map ofwhichi is recorded in Envelope 117,1 Plat Cabinet 1, oft thes said Map Records, the Southwest corner oft the said) Lot 11, for the Southeast corner oft thes said 29.83. Acres and oft this Tract, from Whence a 5/81 Inchl Iron Rod] Found, bears South 20°36'49" and oft this' Tract; ofthis' Tract; which bears North 44°13'27" East, 21.32 Feet; common corner of thes said Lot 14, thes said 29.83. Acres and oft this Tract; Acres and oft this Tract; West, 0.291 Feet; MUrbants031DataSurveymg435540C2000FFICEMETES AIDPOODSENGSACM.A4SAaMDBamyDas OFFICE: (361)854-3101 2725 SWANTNER: DR . CORPUS CHRISTI, TEXAS 78404 FAX(361)854-601 Page 3of4 www.urbaneng.com TBPEI Fimm#1 145 . TBPLSI Firm #1 10032400 Page 6of10 Thence, South 8895643" West, with the common boundary line ofI Lots 1-9, Block 1, of the said Manning Place, thes said 201 Foot wide Drainage! Easement andt thes said 29.83 Acres, 1045.47Feet, tot the Point ofBeginning, Grid Bearings and Distances shown hereon are referenced to the' Texas Coordinate System of 1983, Texas South Zone 4205, and arel based on thel North American Datum of 1983(2011) Epoch 2010.00, Unless this fieldnotes description, including preamble, seal and signature, appears ini its entirety, ini its original form, surveyor assumes no responsibility for its accuracy. Also refèrence accompanying sketch oft tract described, herein. containing 54.53. Acres (2,375,400S4.F) ofLand, more orl less. URBANI ENGINEERING Preliminary, this document. shall not be recorded fora any purpose and shall not be used or viewed or relied upon as ai final survey document. Brian D.) Lorentson, R.P.L.S. Licensel No. 6839 WUrbants0UDataSuryey,g4353402000FFICEMETES AIDPOUDSBXGSNCN.4SADBamhyDa, OFFICE: (361)854-3101 2725; SWANTNER DR. . CORPUS CHRISTI, TEXAS7 78404 FAX(361)854-6001 Page4of4 www.urbaneng.com TBPEI Firmi #1 145 . TBPLS) Fimm #1 10032400 Page7of10 URBAN ENGINEERING UE JobNo. 43534.C2.02 August 01,2022 Exhibit. A 4.16Acre' Tract STATE OF TEXAS COUNTY OF KLEBERG Fieldnotes, for a 4.16 Acre Tract of Land, being all of Lots 1 and 2, Burris Acres, a map of which is recorded in Volume 2, Page 45, oft thel Map Records of Kleberg County, Texas, SAVE. AND. EXCEPTa portion of thes said Lot 2, as described in a' Warranty Deed: from Barbara E. Goetsch to. Josel M Graveley andl Evelyn Graveley, recorded in] Document: Number 316331, oft the Official Records of Kleberg County Beginning, at a 5/81 Inch Iron Rod with ai red plastic cap stamped "URBAN ENGR CCTX" Set, on the apparent South Right-of-Way line ofFM1356 (commonly known as General Cavazos Boulevard), a 200 Foot wide public roadway, for thel Northwest corner of the said] Lot 1, the said Burris Acres and: for this Thence, North 89°00'44" East, with thes said South Right-of-Wayl line, thel North Boundary! line ofthes said Lot1 1, 282.16 Feet, to a 5/8 Inch Iron Rod Found, being the Northeast corner of the said Lot 1, for the Northwest corner oft thes said] Lot2 and thel Northwest corner of thes said Save and Except Tract granted to Thence, South 01°01'01" East with the common boundary line of the said Lot 1 and 2, and the said Graveley Tract, 200.00 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN ENGR CCTX"Set, being the Southwest corner oft the said Graveley Tract andi for an: inner ell corner ofthis Traçt; Thence, over and across the said Lot 2, with the boundary oft the said Graveley Tract and this Tract as Texas; said 4.16. Acre' Tractt more: fully described as follows: Tract; Josel M. Graveley and) Evelyn Graveley; follows: North 89°00'44"1 East, 120.00] Feet, to a: 5/81 Inchl Iron] Rod with ai red plastic cap stamped "URBAN ENGR. CCTX" Set, being the Southeast corner of the said Graveley Tract and for an inner ell North 01°01'01" West, 200.001 Feet, to a 5/81 Inch Iron. Rod] Found, on the common boundary line oft the said South Right-of-Way line and the said Lot 2, being the Northeast corner of the said corner oft this' Tract; Graveley Tract and for an outer ell corner oft this Tract; Surve/mgw3540202OPFICEWETES ANDCADSINGSKCRAIe, Acres.Docx Page 1 of2 OFFICE: (361)854-3101 2725 SWANTNER: DR. o CORPUS CHRIST,TEXAS73404 FAX(361)854-601 wvw.trbaneng.com TBPEI Firmi # 145 OTBPLS: Firmi # 10032400 Page8of10 Thence, North 89000'44" East, with the said common boundary line, 88.62 Feet, to a 5/81 Inch Iron Rod Found, being thel Northwest corner ofLot3, oft the said: Burris Acres, for thel Northeast corner oft the said Thence, South 01°01'01" East, with the common boundary line oft the said] Lots 2 and 3, at 417.28 Feet, pass a 5/8: Inch Iron] Rod Found, in all 418.14: Feet, to a point on thel North boundary line of27.21 Acre Tract (Called 27.22 Acre Tract) out of Lots 2 & 5, Section No. 21, Kleberg Town and Improvement Company's Subdivision, a map ofwhichi is recorded in] Book. A, Pg. 85, Mapl Records ofKleberg County, Texas, called 27.22 Acre Tract described in a Special Warranty Deed from Victoria Bank and Trust Company tol Eddie Yaklin, recorded in Volume 79,1 Pagel 154, Official Records ofl Kleberg County, Texas, being the Southwest corer oft thé said) Lot3, for the Southeast corner oft the said Lot 2 and for this Tract; Thence, South 89°06'04" West, with the common boundary line of the said Lots 1 and 2, and the said 27.21 Acre Tract, 490.78 Feet, to a 5/8 Inch Iron Rod with a red plastic cap stamped "URBAN: ENGR CCTX" Set, being thel Northwest comer oft the said 27,21 Acre' Tract, fort the Southwest corner oft thes said Thence, North 01°01'01" West, with the West boundary line oft the: saidLot] 1, at 414.20 Feet, pass a 5/8 Inch Iron. Rod in Concrete Found, in all 417.38 Feet, to the Point of Beginning, containing 4.16. Acres Grid Bearings and] Distances shown hereon arei referenced tot the Texas Coordinate System of1983, Texas South Zone 4205, and arel based ont thel North. American. Datum of 1983(2011)Epoch; 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy.Also reference accompanying sketch Lot 2 and for this Tract; Lot1, and fort this Tract; (181,027; SqFt) ofLand, more or less. oftract described herein. URBAN: ENGINEERING 3BRIAN DAMD LORENTSO 6839 SURV / Bhiv Bsy Brian D. Lorentson, R.P.L.S. Licensel No. 6839 Suve/g4334C2020FFICEMETES ADBOODSPMAIMCM,IO, Acres.Doox Page2of2 OFFICE: (361)854-3101 2725 SWANTNER: DR. e CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TBPEI Firm! # 145 eT TBPLSE Firmi #1 10032400 Page 9of10 EXHIBITI B MAP B-1 EXHIBIT C Notice ofl Public Hearing NOTICE OF PUBLIC HEARING OF THE CITY COMMISSION OF THE CITY OF KINGSVILLE TO CONSIDER THE ADVISABILITY OF THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY TO MAKE CERTAIN IMPROVEMENTS NOTICE IS HEREBY GIVEN THAT the City Commission of the City of Kingsville, Texas (the "City"), pursuant to Chapter 372.005. Local Government Code, as amended, (the "Act"), willl hold aj public hearing at 5:00j p.m. on Tuesday, November 12, 2024, at City Hall, Helen. Kleberg Groves Community Room, 400 West King Ave., Kingsville, Texas 78363, for the purpose of considering the establishment of aj public improvement district to be located within the City Ina accordance with the Act, the City Secretary has received: aj petition (the "Petition"): froma acertain property owner within the City (the "Petitioner") that request the establishment of a public The Petition and the legal description of the properties to be included in the public improvement district is on file and open for public inspection in the office oft the City Secretary at the address stated above. The public hearing isl beingl held with respect to the advisability ofc creating aj public improvement district for the Somerset development and the. Authorized Improvements (as defined General Nature oft the Authorized Improvements: The purpose oft the public improvement district is to provide funds for public improvement projects authorized by the Act that are necessary for development ofDistrict property, which public improvements will include: onsite roads (including, but not limited to a collector road) and associated utility improvements (water, sewer, drainage), offsite sewer extension (and if needed, offsite roads, water, and drainage), onsite public improvements for residential lots (sewer, water, streets, and drainage), the improvement and construction ofwater, sanitary sewer, drainage, dry utilities (gas and electric), detention ponds, storm sewer, road, landscaping in public rights of way, or sidewalks, right of way acquisition costs, easement acquisition costs, appraisal costs, geotechnical and hydrological engineering costs, environmental inspectionsfestingand remediation costs, well plugging costs, demolition costs, floodplain reclamation costs, tree mitigation costs, park/entrylamenity improvement costs, including any cost or expense of purchasing, constructing, maintaining, acquiring, owning, operating, repairing, leasing, improving, extending, or paying for. inside (i.e. onsite) and outside (i.e. offsite) the district boundaries; flood plain and wetlands regulation and endangered species permits, stormwater permits, including mitigation; and all works, mprovements, facilities, plants, equipment, appliances, interest in property, and contract rights needed thereof, and administrative facilities needed in connection therewith, related surveying, engineering, and legal fees, costs and expenses, and all rights ofway and other interests in land necessary or convenient in connection therewith, as well as reasonable contingencies, associated with the costs of public improvements (collectively, the "Authorized mprovements"). Further, thej public improvements: financed by thel District mayinclude publici improvements in compliance with Chapter 372 and in accordance with governing laws. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon OVER CERTAIN PROPERTIES LOCATED WITHIN THE CITY improvement district for the Somerset development within the City. below) to be made therein. the Property. C-1 Estimated Cost of the Authorized Improvements: The estimated cost to fund the Authorized Boundaries oft the Proposed District: The public improvement district would include the Property Proposed Method of Assessment for the Public Improvement District. The City shall levy assessments on each. lot within the publici improvement district in a manner that results ini imposing equal shares of the costs on property similarly benefited. All assessments may be paid in full at any time (including accrued and unpaid interest), and certain assessments may be paid in annual installments (including interest and debt). If an assessment is allowed to be paid in installments, then the installments must bej paidi in amounts necessary to meet annual costs fort those Authorized Improvements: financed inj part! by the assessment and must continue for ap period necessary to retire Proposed Apportionment of Costs between the District and the City for the Public Improvement District. All oft the costs ofthe Authorized Improvements will be paid from assessments levied on properties in the public improvement district and/or from other sources of funds, ifa any, available tot thel Petitioner, including lawfully available funds oft the City from the sources andi int the amounts All interested persons are invited to attend such public hearing to express their views with respect to the establishment of a public improvement district for the Somerset development and the Authorized Improvements to be made therein. Questions or requests for additional information may be directed to Courtney Alvarez, City Attorney at calvarez@cityofkingsvlle.com. Any interested persons unable to attend the hearing may submit their views in writing to Mary Valenzuela, City Secretary at myalenzuela@eityotkingsvlle.com prior to the date scheduled for This Notice of Public Hearing is given and the public hearing is being held pursuant to the Improvements is $25,000,000. as depicted in Exhibit. A. the indebtedness on those. Authorized Improvements (including interest). as directed by the City Commission. the hearing. requirements oft the. Act. GIVEN THIS 15th day of October, 2024. CITY OF KINGSVILLE,TEXAS C-2 EXHIBIT A Boundaries Approximately 58 acres located in the City of Kingsville, bound by General Cavazos Blvd., Brahma Blvd., and E. Trant Rd. A full description oft the boundaries oft the proposed Somerset at Kingsville Public Improvement. District Number 1 is available at City Hall, Helen Kleberg Groves Community Room, 400 West King Ave., Kingsville, Texas 78363. C-2 Exhibit A AGENDA ITEM #8 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 15, 2024 SUBJECT: Consider Awarding Bid No. 24-19 for the General Land Office (GLO) Community Development Block Grant Mitigation (CDBG-MIT) Contract No. 22-085-009-D237 Project 2-N N. 19th Street Storm Water Improvements Project Purpose: We are seeking approval to award the first GLO CDBG-MIT Hurricane Harvey State Mitigation Competition Round 1. The first being, Project 2 - N. 19th Street Storm Water Improvements, represents a crucial step toward enhancing the city's flood management infrastructure. The project includes the installation of 1,430 linear feet of 6' X. 4' box culverts, four new curb inlets, and other related appurtenances to improve stormwater drainage and minimize future flood risks. Summary: 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, the staff recommends awarding the contract to the lowest bidder, R.S. Parker Construction LLC, for the amount of $1,630,804.89. Background: The General Land Office (GLO) awarded $36,311,929.00 to the City of Kingsville on May 21, 2021, for stormwater improvements. These funds were allocated in response to severe flood events, including Hurricane Harvey in 2017. As part of this effort, Texas Land Commissioner George P. Bush announced over $46 million in flood mitigation projects to improve drainage infrastructure in Kleberg County, including the City of Kingsville. N City of Kingsville Engineering Dept. The awarded funds, part of the CDBG-MIT program, are intended to enhance Kingsville's stormwater infrastructure, particularly in low-to-moderate income (LMI) areas, to better withstand future storms. These improvements will mitigate the effects of recurrent flooding and support economic stability by protecting residential and commercial properties, public infrastructure, and: utilities. Collectively, these drainage improvements will efficiently direct stormwater from neighborhoods and businesses to discharge points at Santa Gertrudis Creek and San Fernando In 2020, the City of Kingsville amended its Drainage Master Plan to include five additional sites, reflecting its commitment to sustainability and resilience in addressing future stormwater Creek, ultimately flowing into Baffin Bay. challenges. The N. 19th Street Storm Water Improvements, as part of this broader infrastructure overhaul, will facilitate the efficient flow of stormwater from residential and commercial areas to key discharge points, such as Santa Gertrudis Creek and San Fernando Creek, eventually reaching Baffin Bay. The. project will also: Reinforce 9,000 feet of concrete pipe and 23,100 feet of culverts Install 6,900 feet of curb and gutter for efficient road surface drainage Conduct surface repairs, including soil stabilization, asphalt, or concrete resurfacing Install concrete headwalls to prevent erosion and ensure long-term structural integrity. Add 130 new inlets and 65 junction boxes Replace sidewalks to improve pedestrian safety 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. The city has prioritized this project due to its significant impact on flood prevention, protection of public investments, and alignment with citywide infrastructure goals. Staff recommends awarding CDBG-MIT GLO Contract No. 22-085-009-D237 = Project 2 (N. 19th Street Storm Water Improvements) to R.S. Parker Construction LLC for the amount of Recommendation: $1,630,804.89. Attachments: Bid ecommendaton/Awarc Letter Project 2 Bid Tabulation Project 2 IQE AMADMLCDBIMOBGAER September 26, 2024 Rutilio "Rudy" Mora, P.E., CFM City Engineer City of Kingsville 200EKing Street Kingsville, TX 78363 Re: CDBG-MIT GLO Contract No. 22-085-009-D237 Project 2, (City ofl Kingsville Bid No. 24-19)-ICE award recommendation Dear Mr. Mora, This memorandum is in reference to ICE's recommendation for award of the above- mentioned project which consists of the installation of 1,430 LF of 6'x4' reinforced concrete boxes and curb inlets along 19th Street from Kenedy Ave. to Tranquitas Creek, with items associates with the installation (service connections, curb and gutter repairs, The following is a Bid Summary for the above referenced project. Three (3) general contractors submitted bids to the City of Kingsville on 09/17/2024. Their information is pavement repairs, traffic control, etc.). attached herewith. The bidders' list with theiri total bid is given below: City of Kingsville - GLO D237 Project 2 Rank 1 2 3 Company RS Parker Construction, LLC JE Construction Services PM Construction & Rehab, LLC Total 1 $1,630,804.96 $1,671,465.00 $2,623,783.00 RSI Parker Construction, LLCS submitted thel lowest total bidof$1,630,804.96. On 09/17/24 RS Parker Construction was notified of the low bid pending GLO and City of] Kingsville approval. A notice to proceed will delivered upon commencement oft the preconstruction The Engineer's estimate is $1,193,042.50. The bid is 38% above the engineer's estimate which is considered reasonable. There was a $0.01 error on the. A14 line item (24" RCP) unit price of $114.28. This resulted in a $0.07 error oft the total bid. We believe that this was al round up error and the unit price should be $114.29.RS] Parker was notified and the error has been verified and corrected. Therefors,itisICE'srcommendation that RSI Parker 261 Saratogal Blvd . Corpus Christi, TX 78417 . Ph361.826.5805 . Fax3 361.826.5806 . TBPEF FIRM# #F10837 meeting. IQE MEPNADNACOGUNSBGAES Construction, LLCI be awarded this bid. Iti is the city's discretion to waive any informality Ifyoul have any questions or need additional information, please contact me at (361) 826- or to reject any or all bids. 5805 or harie@icengineersnet Sinçerely, Senior Engineer - a - - JuanCarlos Charlie" Cardenas, P.E. 261 Saratogal Blvd . Corpus Christi, TX 78417 . Ph361.826.5805 . Fax361.826.5806 . TBPEF FIRM#F10837 a 555 8 AGENDA ITEM #9 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 15, 2024 SUBJECT: Consider Awarding Bid No. 24-20 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 Purpose: We are 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 of the existing ditch, and other related appurtenances to improve stormwater drainage and reduce flood risks. Summary: This project was advertised in thel local newspaper on August 22nd and 29th and city's website. Sealed bids for Bid No. 24-20 (Project 6) were received 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, staff recommends awarding the project to the lowest bidder, Donald Hubert Construction Co., for the base bid amount of $149,124.00. Background: The General Land Office (GLO) awarded $36,311,929.00 to the City of Kingsville for stormwater improvements on May 21, 2021. Texas Land Commissioner George P. Bush announced over $46 million in flood mitigation projects to improve drainage infrastructure in Kleberg County and the E N City of Kingsville Engineering Dept. City of Kingsville. These projects will benefit thousands of residents in low-to-moderate income (LMI) areas that have experienced repeated storm damage, including in 2016 and during The City of Kingsville amended its Drainage Master Plan in 2020 to include five additional sites, covering all areas of the city. Given the magnitude of the work required, external funding is essential for completing these activities. These projects aim to increase community resilience by reducing: flood-related economic losses, protecting public investments in infrastructure; minimizing environmental hazards, ensuring safe evacuations, preserving emergency response capabilities, The drainage improvements will efficiently direct stormwater from residential and commercial areas to outflows leading to Santa Gertrudis Creek, San Fernando Creek, and ultimately Baffin Bay. Hurricane Harvey in 2017. and maintaining utility services. The improvements include: Reinforce 9,000 feet of concrete pipe and 23,100 feet of culverts with 130 inlets added Install 65 junction boxes and 6,900 feet of curb and gutter to drain water from the road Surface repairs, including flex base with geogrid for soil stabilization and either a 4" hot mix Install concrete headwalls at the ends of drainage pipes and culverts to prevent erosion surface asphalt or concrete pavement surface. Replace impacted sidewalks for pedestrian safety 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. The city has prioritized this project due to its critical role in flood prevention, protection of public investments, and alignment with citywide infrastructure improvement goals. Recommendation: Construction Co. Attachments: Staff recommends awarding CDBG-MIT GLO Contract No. 22-085-009-D237 - Project 6 - Carlos Truan Blvd - Storm Water Improvements in the. amount of $149,124.00 to Donald Hubert Bid ecommencaton/Award Letter Project 6 Bid Tabulation Project 6 : NETe IGE- MEMIDNCDAIRGBSES September! 26, 2024 Rutilio "Rudy" Mora, P.E., CFM City Engineer City ofKingsville 2001 EI King Street Kingsville, TX 78363 Re: CDBG-MIT GIO Contract No. 22-085-009-D237 Project 6, (City ofl Kingsville Bid No. 24-20)- - ICE award recommendation Dear] Mr. Mora, This memorandum is in reference to ICE's recommendation for award of the above- mentioned project which consists oft the installation of90LF of6'x3' reinforced concrete trench and 690 of ditch regrade along E. Carlos' Truan from S. Virginia Drive to the Wild Horse Mall entrance, with items associated with thei installation (pavement repairs, traffic The following is a Bid Summary for the above referenced project: Five (5) general contractors submitted bids to the City of] Kingsville on 09/17/2024. Their information is control, etc.). attached herewith. Thel bidders' list with their total bid is given below: City of Kingsville - GLO Project 6 Rank 1 2 3 4 5 Company Donald Hubert Construction JEC Construction Services RXDS RSP Parker Construction, LLC PM Construction & Rehab, LLC Total1 $149,124.00 $203,946.00 $232,162.00 $296,800.00 $450,146.00 Donald Hubert Construction, submitted the lowest total bid of$149,124.00. On 09/17/24 Donald Hubert Construction was notified of the low bid pending GLO and City of Kingsville approval. A notice to proceed will delivered upon commencement of the The Engineer's estimate is $125,279.00. The bid is 19% above the engineer's estimate which is considered reasonable. Furthermore, no errors or discrepancies was found in preconstruction meeting. 261 Saratoga Blvd . Corpus Christi,T TX: 78417 . Ph361.826.5805 . Fax361.826.5806 . TBPEFIRM#F10837 IGE MERMDMICOGIMGBOAER Donald: Hubert Construction* s packet. Therefore, it is ICE's recommendation that Donald Hubert Construction be awarded this bid. Iti is the city's discretion to waive anyi informality Ifyou have any questions or need additional information, please contact me at (361)826- or to reject any or all bids. 5805 or chatie@icengineersne Sincerely, SuanCarlos "Charlie" Senior Engineer R 261 Saratogal Blvd . Corpus Christi, TX: 78417 . Ph361.826.5805 . Fax361.826.5806 . TBPEFIRM#F10837 AGENDA ITEM #10 City of Kingsville Engineering Dept. TO: CC: FROM: DATE: Mayor and City Commissioners Mark. McLaughlin, City Manager Rutilio P. Mora Jr, P.E., City Engineer October 15, 2024 SUBJECT: Consider Awarding Bid No. 24-22 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 Purpose: We are seeking 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. Summary: 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, staff recommends awarding the project to the lowest bidder, R.S. Parker Construction LLC, for the base bid amount of $611,624.49. Background: The General Land Office (GLO) awarded $36,311,929.00 to the City of Kingsville for citywide drainage improvements on May 21, 2021. Texas Land Commissioner George P. Bush announced over $46 million in flood mitigation projects to improve drainage infrastructure in Kleberg County and the City of Kingsville. These projects will benefit thousands of a N City of Kingsville Engineering Dept. residents in low-to-moderate income (LMI) areas that have experienced repeated. storm The City of Kingsville amended its Drainage Master Plan in 2020 to include five additional sites, covering all areas of the city. External funding is necessary to complete these improvements, which will bolster community resilience by reducing flood-related economic losses, protecting public infrastructure, and preserving emergency response capabilities. These drainage improvements will efficiently direct stormwater from residential and commercial areas to outflows leading to Santa Gertrudis Creek, San Fernando Creek, and damage, including during Hurricane Harvey in 2017. ultimately Baffin Bay. The improvements include: Installation of 9,000 feet of reinforced concrete pipe and 23,100 feet of culverts 65 junction boxes and 6,900 feet of curb and gutter to drain water from road Surface repairs using flex base with geogrid for soil stabilization, with either a 4- Installation of concrete headwalls at drainage pipe and culvert ends to prevent with 130 added inlets surfaces inch hot mix asphalt or concrete pavement surface Replacement of impacted sidewalks for pedestrian safety erosion Financial Impact: Project 13 will be funded by the General Land Office Hurricane Harvey Mitigation Grant (Fund 122) in the amount of $661,624.49. The city has prioritized this project due to its significant impact on flood prevention, protection of public investments, and alignment with citywide infrastructure goals. Recommendation: Staff recommends awarding CDBG-MIT GLO Contract No. 22-085-009-D237 Project 13 (W.Johnston Ave. Storm Water Improvements) to R.S. Parker Construction LLCfor the base bid amount of $611,624.49. Attachments: Bid ecommencaton/Awarc Letter for Project 13 Bid Tabulation for Project 13 40 V NE IQE- BMAEDNACOSIRCBCNER September 26, 2024 Rutilio' "Rudy" Mora, P.E., CFM City Engineer City ofKingsville 2001 El King Street Kingsville, TX 78363 Re: CDBG-MIT GIO Contract No. 22-085-009-D237 Project 13, (City of] Kingsville Bid No. 24-22)-I ICE award recommendation Dear Mr. Mora, This memorandum is in reference to ICE's recommendation for award of the above- mentioned project which consists oft thei installation of1,640LF of24'reinforced concrete pipe and curb inlets along West. Johnston Ave., From Armstrong Street to 170' West of College Place, with items associates with the installation (service connections, curb and The following is a Bid Summary for the above referenced project. Two (2) general contractors submitted bids to the City of Kingsville on 09/17/2024. Their information is gutter repairs, pavement repairs, traffic control, etc.). attached! herewith. Thel bidders' list with their total bidi is given below: City of Kingsville - GLO D237 Project 13 Rank 1 2 Company RSI Parker Construction, LLC JEC Construction Services Total $611,634.49 $791,798.00 RS Parker Construction, LLC submitted the lowest total bid of $611,634.49. On 09/17/24 RS Parker Construction was notified of the low bid pending GLO and City of] Kingsville approval. A notice to proceed will delivered upon commencement of the preconstruction The Engineer's estimate is $462,890.00. The bid is 32% above the engineer's estimate which is considered reasonable. Furthermore, no errors or discrepancies was found in RS Parker Construction, LLC packet. Therefore, it is ICE's recommendation that RS Parker Construction, LLC be awardedi this bid. Iti is the city's discretion to waive any informality meeting. ort to reject any or alll bids. 261 Saratogal Blvd . CorpusChristi, TX 78417 . Ph361.826.5805 . Fax361.826.5806 . TBPEF FIRM#F10837 IQE- MORADMCOGINGPGAES Ifyoul have any questions or need additional information, please contact me at (361) 826- 5805 org charlie@icenginersnet Sincerely, Senior Engineer Eao "Charlie"Cardenas, P.E. 261 Saratogal Blvd . Corpus Christi, TX 78417 . Ph361.826.5805 . Fax361.826.5806 . TBPEFIRM#F10837 wsmss 4 - A 23323 www" 3333538555 AGENDA ITEM #11 City of Kingsville Engineering Dept. TO: CC: FROM: DATE: Mayor and City Commissioners Mark MçLaughlin, City Manager Rutilio P. Mora Jr, P.E., City Engineer October 15, 2024 SUBJECT: Consider Approving Change Order No. 4for Bid 23-08. for the General Land Office (GLO) Community Development Block Grant Mitigation (CDBG-MIT) Contract No. 22- 082-016-D218 Project 3 - 18" Wastewater Main Replacement to 3MGD Wastewater Treatment Plant Purpose: Consider approving General, Land Office Change Order No. 4 (CO-4) will decrease the contract price while increasing the contract time to help closeout 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. Summary: Item Description A11 Remove Columns A24 Replace Columns GLOChange Order No. 4- Contract Price Unit Quantity Unit Cost Total Brick Brick Fence EA -1 Fence EA -2 $226.55 ($226.55) $3,763.20 ($3,763.20) $1,411.20 ($1,411.20) (Paid with Local Funds) A25 Replace Flagpole (Paid with Local Funds) GLO Change Order No. 4Total EA -1 ($5400.95) GLO Change Order No. 4-6 Contract Time Description Contract Time Calendar Days 159 Final Contract Price and Time $1,259,171,12 and 324 Calendar Days K City of Kingsville Engineering Dept. Background: Previously approved on February 26, 2023, the General Land Office Change Order No. 3 increased the contracttime oft the project to ensure compliance with the grant requirements that all work is completed within the contract time. The contract time was increased by 45 days. On the previous Change Orders, CO. No.1 was to reduce the contract amount for grant funds and CO No.1A increased the cost to use City Funds. Grant Administrators are considering CO No., 1A as CO No.2. Financial Impact: $1,259,171.12. Recommendation: Project 3 Change Order No. 4 contract price will decrease by $5,400.95 from $1,264,572.07 to Staff recommends approving Change Order No.4 for CDBG-MIT GLO Contract No. 22-082-016-D218 = Project 3 - 18" Wastewater Main Replacement to 3MGD WWTP for a final price of $1,259,171.12 and contract time of 324 calendar days. Attachments: GLO Change Order No. 4 KR COMMUNITY DEVELOPMENT &F REVITALIZATION Thel Texas General Land Office Construction Change Order Request NOTE: Texas! Local Government Code Sec. 262.031 CHANGES INI PLANS AND SPECIFICATIONS regulations apply, Generally, a cumulative Increase In the contract price ine excess of 25% ora a cumulative decrease Ine excess of: 18% are dIsallowed. SubreciplentCity of Kingsville International Consulting Engineers 261 Saratoga Blvd. Corpus Christi, TX78417 361-826-5805 Project #:L Contract Origination! Datel GLO Contract Number/20820160218 Date:/8/19/2024 Contractor Name, Address &F Phone Number: Gerke Excavating, Inc. 15341 State Highway: 131 Tomah, Wisconsin! 54660 608-372-4203 Sewer line replacement Engineer Name Address &F Phone Subreciplent Name, Address, &F Phone Number: Cityo of Kingsville 400 W. King Ave. Kingsville, TX78363 361-595-8040 3 BidF Package #: 9/25/2023 1 Project Description: Change Order #: 4 You are! hereby requested to comply with thet following changes from the contract plans and specifications. Item No. Description of Changes: Quantities, Units, Unit Prices, Change in Completion Decrease in Contract Price Increase in Contract Schedule etc. Price Remove Brick Fence Columns, 226.55/EA, -1EA 226.55 3763.2 1411.2 A11 A25 A24 Replace Brick Fence Columns, 1881.60/EA, -2E EA (PAIDI WITH ADDITIONAL Replace Flag Pole, 1411.20/EA,- -15 EA (PAIDI WITH ADDITIONAL LOCAL FUNDS) LOCALFUNDS) Sees sheet. 21 toa add addltional entries Change In Construction Contract Price Original Contract Price: 1,498,733.34 Cumulative Prevous/234,161.27 Change Order(s) Total: Contract Price Prior tol this Change Order: Net Increase/Decrease oft this Change Order: Effective. June 2020 Change In Contract Time (Calendar Days) Original Contract Time in Day-/120 Net Change from Previous Change Order(s) in Days/45 Contract Time Priort tot this Change Order in Days Netl Increase/Decrease: oft this Change Orderi in! Days: 1,264,572.07 5400.95 165 159 Page1of3 COMMUNITY DEVELOPMENT & REVITALIZATION The Texas Generall Land Office Construction Change Order Request Contract Price withA All Approved Change Orders: Cumulative Percent/-16.009 Changei in Contract Price (+/-)L Construction Contract,10/12/2023 Start Date: 1,259,171.12 Contract Time with AHIA Approved Change Ordersi in/324 Days: 1/31/2025 8/31/2024 Subrecipient Contract End Date: Construction Contract End Date: Reimbursements of costs includedi int this change order are subject tor review by GLO-CDR. *This document may be executed prior tos submlssion for GLO-CDR revlew, but all parties Involved will be! held responsible. Ift the change order ora amendment warranted: as a result oft this change order Is not In compliance with CDBG or HUDI Requiremements Subrecipient Signature Subrecipient Nam and' Title (Printed) Subrecipient Signature Justification for Change Order Engineer Signature JUANN CARLOS CARDEAS SENIOR. ENGINVEER Engineer Name and Title (Printed) pet Engineer Signature Contractor Signature Scott Lucia PM Contractor Name and Title (Printed) Contractor: Signature arehr 1. Will this change order increase ord decrease thei number oft beneficiaries? Ifthere isac change, how many beneficiaries will bea affected 2.E Effect oft this change ont thes scope of work: 3.E Effect on operation and maintenance costs: Increase DDecrease ENoChange Increase DDecrease No Change Increase DDecrease No Change Yes E No Totall LMI 4.A Are all prices int the change order dependent upon unit pricesf found int the originall bid? If"no", explain: 5. Hast the change created new circumstances ore environmental conditions which may affect D Yes E No thep project's Impact, such as concealed or unexpected conditions discovered duringa actual construction? If"yes", is an environmental assessment required? Effective. June 2020 Page: 2of3 COMMUNITY DEVELOPMENT &F REVITALIZATION The Texas General Land Office Construction Change Order Request 6.1 Is the' Texas Council on Environmental Quality (TCEQ) clearance: still valid (if applicable)? E Yes L No 7.Ist the CCN permit still valid? (sewer projects only) Yes Yes Yes No No No 8. Aret the disability access requirements/approval. still valid (ifa applicable)? 9.A Are other Disaster Recovery contractural special condition clearances still valid? If"no", explain: Disclaimer: Thel Texas General Land Office! has made every effort to ensure thel Information contained ont this formi is accurate andi inc compliance with ther most up-to- date CDBG-DRC and/or CDBG-MIT federalr rules andi regulations, as applicable. Its should ber noted that the7 Texas Generall Land office assumes noli liabllityo orr respansibility for anye error oro omission ont this formt that may result fromt thei interim period! betweent the publication ofo amendedo and/or revised federaln rules andr regulations andt the Texas Generall Land Office'ss standardreviewa andu updates schedule. Effective. June 2020 Page 3of3 AGENDA ITEM #12 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 15, 2024 SUBJECT: Consider Approving Change Order No. 1 for Bid No. 24-01 for the General Land Office (GLO) Community Development Block Grant Mitigation (CDBG- MIT). Contract No. 22-082-016-D218 Project 4 - Alley Between E. Johnston Ave. and E. Fordyce Ave. Sanitary Sewer Improvements Purpose: Approving General Land Office Change Order No. 1 (CO-1) will decrease the contract price while increasing the contract time and help closeout 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. Summary: Item Description GLO Change Order No. 1- Contract Price A4 SWPP (Sediment Control Logs) LF -48 Unit Quantity Unit Cost Total $4.79 ($229.92) GLO Change Order No. 1- Contract Time Description Contract Time Calendar Days 85 Final Contract Price and Time $199.984.24and 265 Calendar Days Background: Sealed bids were received on October 24, 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. Three (3) bids were received which included D&M Underground CITY OF City of Kingsville Engineering Dept. Construction; from Corpus Christi, Texas, Gerke Excavating Inc.; from Tomah, WI, and Mammoth Foundation Repair LLC; from Corpus Christi, TX. The base bids ranged from $176,564.18 to $230,757.02 and additive alternate bids ranged from $43,559.82 to $87,653.00. Additive alternate bids will not be awarded as part of this project until an environmental clearance and a contract amendment is approved by the General Land Office (GLO). After the GLO approval, then the additive alternate can be approved by a change order for $65,508.07 for a total project cost of D&M Underground Construction was the lowest bid but there were some mathematical errors noted on the bids, with some of a minor clerical nature, such as a mistake in transcribing numbers, misplaced decimal, and/or typographical errors. One base bid error reduced item A13 by $1,000.00, but the overall base bid was incorrectly totaled to be $165,960.18. The correct total was $176,564.18 for an increased difference of $10,604.00 to D&M Underground's base bid. The additive alternate bid was also incorrectly totaled to be $56,163.82. The correct total was In addition to the mathematical errors previously noted in D&M Underground's bid: $265,722.23. $43,559.82 for a decreased difference of $12,604.00. Certification of bidder Regarding Civil Rights Laws and Regulations form is missing the Contractor's Local Opportunity Plan is missing the 2nd page with the signature, date and Certification for business Concerns (Section 3) form is missing the City's name, GLO Not specific to D&M packet: Same as with Project 3, we will need the bid packet cover page vendor's name and address. title. contract No. and the date at the top. version that is signed and sealed by ICE. Staff recommends rejecting this lowest bid and awarding to Gerke Excavating which is an increased difference of $23,649.98. No errors were noted on the second lowest bid. Financial Impact: Recommendation: Project 4 contract price will decrease by $229.92 from $200,214.16 to $199,984.24. Staff recommends approving Change Order No. 1 for CDBG-MIT GLO Contract No. 22-082- 016-D218 - Project 4 - Alley Between E. Johnston Ave. and E. Fordyce Ave. Sanitary Sewer Improvements for the final contract price of $199,984.24 and contract time of 265 calendar days. Attachments: Change Order No. 1 r COMMUNITY DEVELOPMENT & REVITALIZATION The Texas General Land Office Construction Change Order Request NOTE: Texas Local Government Code Sec. 262.031 CHANGES INI PLANSA AND SPECIFICATIONS regulations apply. Generally, a cumulative increase int the contract price ine excess of 25% or a cumulative decrease ine excess of 18% are disallowed. Subrecipient/City ofk Kingsville Engineer Name Address & Phone International Consulting Engineers 261 Saratoga Blvd. Corpus Christi, TX78417 361-826-5805 Project #: Contract Origination Datel GLO Contract Numver/p2082016D218 Subrecipient Name, Address, & Phone Number: Date:9/24/2024 Contractor Name, Address &F Phone Number: Gerke Excavating, Inc. 15341 State Highway: 131 Tomah, Wisconsin 54660. 608-372-4203 Sewerl line replacement City of Kingsville 400 W. KingA Ave. Kingsville, TX78363 361-595-8040 BidF Package #: 11/27/2023 1 Project Description: Change Order #: 1 You are hereby requested to comply witht thei following changes from the contract plans and specifications. Item No. Description of Changes: Quantities, Units, Unit Prices, Change in Completion Decrease in Contract Price Increase in Contract Schedule etc. Price SWPP (Erosion Control Log), 4.79/LF,-48LF 229.92 A4 See: sheet 2t toa adda additional entries Change in Construction Contract Price Original Contract Price: 200,214.16 Cumulative Previous/0.00 Change Order(s) Total: Contract Price Prior tol this Change Order: Net Increase/Decrease oft this Change Order: Effective. June 2020 Change in Contract Time (Calendar Days) Original Contract Time in Days: 180 Net Change from Previous Change Order(s)i in Days/o Contract" Time Prior tot this Change Orderi in! Days Net Increase/Decrease: oft this Change Orderi in Days: 200,214.16 -229.92 180 85 Page: 1of3 COMMUNIYDEVELOPMENT &F REVITALIZATION The Texas General Land Office Construction Change Order Request Contract Price with All Approved Change! Orders: Cumulative Percent/-0.11% Change In Contract Price (+/)L Construction Contract//9/2024 Start Date: 199,984.24 Contract Time with AIl Approved Change Ordersi in265 Days: 1/31/2025 9/30/2024 Subrecipient Contract End Date: Construction Contract End Date: Reimbursements of costs included int this change order ares subjectt to review by GLO-CDR. amendment warranted as a result oft this change orderl Isr not In compllance with CDBG orl HUD Requiremements *This document may be executed prlort tos submissioni for GLO-CDRI review, but all parties involved willl be held responsible Ift the change ordero or o Sacdha Subrecipient: Signature Subrecipient Nam and Title (Printed) Subrecipient: Signature Justificationi for Change Order Engineer Signature SEMICR ENGIWIBE Engineer Name and1 Title (Printed) Engineer Signature Contractor: Signature Contractor Name and1 Title (Printed) Contractor: Signature JUAW UEAVENATEIN Scott Lucia PM 1. Will this change order increase or decrease the number ofb beneficlarles? Ift there isa change, how manyk beneficiaries will be affected? 2.E Effect oft this change ont thes scope ofv work: 3. Effect ond operation and maintenance costs: Increase [Decrease ENo Change Increase EDecrease ONo Change Increase DDecrease ENo Change Total LMI No 4.A Are all pricesi int the change order dependent upon unit prices found int the original bid? Yes If"no", explain: 5. Has the change created new circumstances ore environmental conditions which may affect the project's impact, such as concealed ort unexpected conditions discovered duringa actual Yes No construction? If'yes", is ane environmental assessment required? Effective. June 2020 Page: 2of3 COMMUNITY. DEVELOPMENT & REVITALIZATION Thel Texas General Land Office Construction Change Order Request 6.1 Is1 the Texas Council on Environmental Quality (TCEQ) clearance still valid (ifa applicable)? 8. Aret the disability access requrements/approva. still valid (if applicable)? 9. Are other Disaster Recovery contractural special condition clearances still valid? 3 Yes L No Yes L No Yes - No Yes 7.Isthe CCN permits still valid? (sewer projects only) No If'no", explain: Disclaimer: Thel Texas General Land Officeh hasr made everye effortt to ensure thei information contained ont thisf form is accurate andi in compliance witht ther mostu up-to-date CDBG-DR and/or CDBG-MIT federal rules andr regulations, as applicable. Its shouldh ber notedt that the Texas General Land Office assumes nol liabilityo or responsibility) forany error ord omissiono ont this form thatr may result from thei interim period! betweent thep publication ofo amendedo and/or revised federalr rules andr regulations and thel Texas General Land Office's standardr review andu update schedule. Effective. June 2020 Page 3of3 AGENDA ITEM #13 Award Bid 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 Project Bid No. 24-15 and Approving Construction Contract with ACE CO. for Public Work Concrete Pavement Improvement Project Purpose: Awarding this project and construction contract will be beneficial to the driving surface and Project includes 840 SY of 6" concrete pavement which replaces the existing asphalt paving and 6" concrete valley gutter. for drainage improvements. The project shall be completed addressing any drainage. concerns. within 60 days from the Notice to Proceed date. Summary: This project was advertised in the local newspaper on July 18th and 25th and the city's website. Sealed bids for Bid 24-15 were received prior to the deadline of August 13, 2024, at 2:00 pm and read out loud, from 3 bidders. 1. ACE Co. from San Antonio, Texas. 2. RXDX, from Sinton, Texas. 3. International Consulting Engineers, from Corpus Christi, Texas. Base Bid ranged from $148,120.00 to $185,080.00, Alternate Bid No. 1 ranged from $45,496.00 to $96,509.60, Alternate Bid No.2 ranged from $185,281.00 to $272,703.80 and Total Bid Amounts ranged from $381,855.00 to $523,891.87. Staff recommends awarding the Base Bid only on project to the. lowest bidder ACE Co. in the amount of $148,120.00. Background: This project will address a portion of the deteriorating pavement surface and drainage concerns adjacent to the garage. City of Kingsville Engineering Dept. Financial Impact: $148,120.00. Recommendation: Staff recommends: This project will be funded by General Fund 001 and Utility Fund 051 for a total of 1. Awarding Bid No. 24-15 to ACE Co. in the amount of $148,120.00. 2. Approving the construction contract between City and ACECO in the amount of 3. Authorizing the City Manager to sign the Construction Contract $148,120.00. Attachments: Bid tabulation Construction Contract Pi NF AGENDA ITEM #14 City of Kingsville Public Works TO: CC: FROM: DATE: SUBJECT: Summary: Mayor and City Commissioners Mark McLaughlin, City 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 for improvements to the driveway inside the Public Works service area around the fuel pumps and 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- General Fund Revenues 0000 Non-Dept Expenditures Account Name Account Budget Number Increase Decrease Budget 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. THATI 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 AST TO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #15 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 Project Bid No. 24-15 and Approving Construction Contract with ACE CO. for Public Work Concrete Pavement Improvement Project Purpose: Awarding this project and construction contract will be beneficial to the driving surface and Project includes 840 SY of 6" concrete pavement which replaces the existing asphalt paving and 6" concrete valley gutter for drainage improvements. The project shall be completed addressing any drainage concerns. within 60 days from the Notice to Proceed date. Summary: This project was advertised in the local newspaper on July 18th and 25th and the city's website. Sealed bids for Bid 24-15 were received prior ot the deadline of August 13, 2024, at 2:00 pm and read out loud, from 3 bidders. 1. ACE Co. from San Antonio, Texas. 2. RXDX, from Sinton, Texas. 3. International Consulting Engineers, from Corpus Christi, Texas. Base Bid ranged from $148,120.00 to $185,080.00, Alternate Bid No. 1 ranged from $45,496.00 to $96,509.60, Alternate Bid No.2 ranged from $185,281.00 to $272,703.80 and Total Bid Amounts ranged from $381,855.00 to $523,891.87. Staff recommends awarding the Base Bid only on project to the lowest bidder ACE Co. in the amount of $148,120.00. Background: This project will address a portion of the deteriorating pavement surface and drainage concerns adjacent to the garage. City of Kingsville Engineering Dept. Financial Impact: $148,120.00. Recommendation: Staff recommends: This project will be funded by General Fund 001 and Utility Fund 051 for a total of 1. Awarding Bid No. 24-15 to ACE Co. in the amount of $148,120.00. 2. Approving the construction contract between City and ACECO in the amount of 3. Authorizing the City Manager to sign the Construction Contract $148,120.00. Attachments: Bid tabulation Construction Contract KIe RESOLUTION #2024- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH ACE CO. FOR RFP#24-15 PUBLIC WORKS CONCRETE PAVEMENT IMPROVEMENT PROJECT; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kingsville ("City") intends to make improvements at Public Works, specifically a Concrete Pavement Improvement Project with funding through General Fund 001 and Utility Fund 051 for a total of WHEREAS, after advertising BID #24-15 in the newspaper on July 18 &25, 2024, three bids were received by the August 13, 2024 bid deadline and after reviewing the bid submittals staff recommended the bid be awarded to the WHEREAS, the City awarded BID#24-15 to Vendor at a Commission meeting on WHEREAS, the City and Vendor worked to prepare a contract and the parties both agree to the terms of the proposed contract for the base bid of $148,120.00; WHEREAS, staff is recommending the City Commission approve the construction contract with vendor as presented for a total amount of $148,120.00 $148,120.00; apparent low bidder Ace Co. ("Vendor"); October 15, 2024 for a total amount of $148,120.00; with a contract time of6 60 calendar day; 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 with Ace Co. for Public Works Concrete Pavement Improvement Project (Bid #24-15) as per staff recommendation and in accordance with Exhibit A hereto attached and made a part hereof. II. THAT all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict only. 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 15th day of October 2024. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AST TO FORM: Courtney Alvarez, City Attorney 2 CITY OF KINGSVILE, TEXAS CONTRACT AGREEMENT BID #24-15 PUBLIC WORKS DEPT. CONCRETE PAVEMENT IMPROVEMENTS PROJECT STATE OF TEXAS COUNTY OF KLEBERG ) ) THIS AGREEMENT, made and entered into this 15th day of_ October A.D., 2024 by and between the City ofl Kingsville, a municipal corporation, located int the County ofKleberg and State ofTexas, acting through Mark A. McLaughlin, City Manager, thereunto authorized SO to do hereafter termed OWNER, and WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the OWNER, and under the conditions expressed in the bond bearing even date herewith, the said CONTRACTOR, hereby agrees with the OWNER to commence and complete the construction of certain ACECO. hereinaftertermed CONTRACTOR. improvements described as follows: BID #24-15 2024 Public Works Dept. Concrete Pavement Improvements Project and all extra work in connection therewith, under the terms as stated in the General Conditions oft the Agreement and at CONTRACTOR'S. own proper cost and expense toi furnish all ther materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said construction, in accordance with the conditions and prices stated in the Proposal attached hereto, and in accordance with thel Notice to Contractors, General and Special Conditionsof Agreement, Plans and other drawings and printed or written explanatory matter thereof, together with the CONTRACTORS written proposal, the General Conditions oft the Agreement, and thel Performance, Maintenance and Payment Bonds hereto attached; all of which are madea part hereof and collectively evidence and constitute the entire contract. All terms, conditions, pricing, and other details presented by the Contractor in their Request for Proposal response are to be made ap part oft this agreement. The OWNER agrees to pay the CONTRACTOR in current funds the price or prices shown in the proposal of Conditions of the Contract. Contract time shall be completed within 60 calendar days after being provided a IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in the year and day above $1 148,120.00 Notice Tol Proceed. written. which forms aj part oft this contract, such payments to be subject to the General and Special 42 The City ofKingsville, Texas OWNER By: CONTRACTOR By: Mark. A. McLaughlin, City Manager Print or Type Name Title: PesidemlVice-Phresidm) ATTEST: ATTEST: Mary Valenzuela, City Secretary Corporation Secretary Date: By authority of Council Commission Date Print or Type Name Approved ast to Content: Courtney Alvarez, City Attorney 43 AGENDA ITEM #16 Planning and Development Services 410 W: King Kingsville, TX7 78363 PH: 361-595-8055 ae P Ke MEMO Date: To: From: Subject: September 27h, 2024 Mark McLaughlin (City Manager) Erik Spitzer (Director ofl Planning and Development Services) The City of] Kingsville Planning and Development Services Department is seeking approval from the City Commissioners and Mayor to select Halff Associates, Inc. as the company to complete the Resilient Community Program Grant Writing and Administration for the City ofl Kingsville Comprehensive Plan Summary: The City of] Kingsville has an outdated Comprehensive Plan, last published: in 2008. A Comprehensive Plan isa 201 to 30-year framework designed to help guide future developments and land use within a city. We would like to partner with a company to complete the work required to produce a Comprehensive Plan for the City ofl Kingsville. Background: The 2022 Resilient Communities Program is accepting applications to help fund the development, adoption, and implementation of long-range planning for cities. Applications are being processed for eligibility on a first The City of Kingsville advertised a Request for Proposal (RFP 24-16) on 22 August 2024 and 29 August 2024 in The Kingsville Record, IAW Texas State Purchasing Law, soliciting companies to bid to perform the services required to complete and submit a Comprehensive Plan for the City of Kingsville. Bids were opened on 10 September 2024 and closed on 10 September 2024; one (1)company, Halff Associates, Inc., applied fori this RFP. Financial Impact: There is no financial impact to the City for the grant submission; if the grant is awarded, then Halff Associates', Inc. services willl bej paid for through the grant based on a future contract between Halff and the City. Recommendation: Staff recommends approving 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 come, first served basis until June 1s, 2028, or until funding is exhausted, whichever comes first. Plan. Erik Spitzer Director of Planning and Development Services AGENDA ITEM #17 City of Kingsville Purchasing Department TO: CC: FROM: DATE: Mayor and City Commissioners Mark McLaughlin, City Manager. Charlie Sosa, Purchasing Manager Sept 25, 2024 SUBJECT: Landfill South Drainage Infrastructure-Lined Channel (RFP #24-13) Summary: This item authorizes the City to enter into a contract with. Lowman Land Improvements Inc., for RFP # 24-13 Landfill South Drainage Infrastructure-Lined Channel for the City of Kingsville. We published a Request for Proposal #24-13 in the newspaper on August 1, 2024, and August 8, 2024. Responses were accepted until 2:00 PM on August 27, 2024. The City received Four (4) responses. They were from 1) Lowman Land Improvements of Orange Grove, TX; 2) ERS of MS Inc. of Jacksonville, MS.; 3) Texas Chili of Kingwood, TX; and 4). EnviroCon Systems Inc., of Houston, TX. Hanson Engineering of Corpus Christi, Texas is the engineer of record for the City of Kingsville Landfill. Hanson Engineering reviewed proposals and found the information received to be responsive. Bids received range from $299,814.00 to $490,714.64. Hanson Engineering recommended the city accept the apparent low bidder Lowman Land Improvement Inc. of Orange Grove, Texas in the amount of $299.814.00, which the commission did at the meeting on September 12, 2024. The parties have worked on a contract that now needs to be approved. Funds are available through Landfill Closure Fund Line Item 090-5-1703-31400; total cost of Background: Financial Impact: construction is anticipated to be $299,814.00 for which funds are available. Recommendation: Itis recommended that the City Commission approve the city manager to enter into a contract with Lowman Land Improvements Inc. of Orange Grove, Texas for bid RFP# 24-13 Landfill South Drainage Infrastructure-Lined Channel for the City of Kingsville, as per staff recommendation. CITY a Kingsylle Y RESOLUTION #2024- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH LOWMAN LAND IMPROVEMENTS INC. FOR RFP#24-13 LANDFILL SOUTH DRAINAGE INFRASTRUCTUCTURE-LINED CHANNEL PROJECT; REPEALING ALL CONFLICTING RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Kingsville ("City") intends to make improvements at the Landfill, specifically a South Drainage infrastructure-Lined Channel with funding through the Landfill Closure Fund Line Item #090-5-1703-314000; WHEREAS, after advertising BID #24-13 in the newspaper on August 1 &8, 2024, four bids were received by the August 27, 2024 bid deadline and after reviewing the bid submittals staff and the outside engineer (Hanson Engineering) recommended the bid be awarded to the apparent low bidder Lowman Land WHEREAS, the City awarded BID#24-13 to Vendor at a Commission meeting on WHEREAS, the City and Vendor worked to prepare a contract and the parties both agree to the terms of the proposed contract for the base bid of $299,814.00; WHEREAS, staff is recommending the City Commission approve the construction contract with vendor as presented for a total amount of $299,814.00 Improvements Inc. ("Vendor"); September 12, 2024 for a total amount of $299,814.00; with a contract time of 74 calendar day; BE IT RESOLVED by the City Commission oft 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 with Lowman Land Improvements, Inc. for Landfill South Drainage nfrastructure-Lined Channel project (Bid #24-13) as per staff recommendation and in accordance with Exhibit A hereto attached and made a part hereof. II. THAT all resolutions or parts of resolutions in conflict with this resolution are repealed to the extent of such conflict only. 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 15th day of October 2024. Sam R. Fugate, Mayor ATTEST: Mary Valenzuela, City Secretary APPROVED AS TO FORM: Courtney Alvarez, City Attorney 2 CONTRACT THIS AGREEMENT made this day of ,2024 by and between Lowman Land Improvements, Inc. hereinafter called the CONTRACTOR, and the City of WITNESSETH, that the Contractor and Owner for the consideration hereinafter named agree as Article 1 - Scope of Work: The Contractor shall furnish all the materials and perform all the work called fori in the Contract Documents and described in the Specifications entitled: BID NO # 24-13 CITY OF KINGSVILLE LANDFILL SOUTH DRAINAGE Kingsville, hereinafter called the OWNER or CITY. follows: INFRASTRUCTUCTURE-LINED CHANNEL Article 2- Time of Completion: The Contractor shall begin work at the job site within fourteen (14) days after the date of the Notice to Proceed issued by the Owner's Representative. The work to be performed under this contract shall be completed in seventy-four (74) consecutive calendar days plus any extended days approved by the Owner's Representative in accordance with the Specifications. For each calendar day that any work is not completed after the expiration of the time, as calculated fourteen (14) days from the date of the Notice to Proceed plus consecutive calendar days stated above plus approved extended days, the sum of One Thousand Dollars ($1,000.00), per calendar day, will be deducted from the money due or to become due the Contractor, not as a penalty, but as liquidated damages and added for administration. Article 3 - The Contract Sum: The Owner shall pay for the performance of the Contract, subject to additions and deductions provided therein, the sum of [$_ 299,814.00. Article 4- Partial Payment: Owner shall make progress payments as approved by the Owner's Article 5 - Acceptance and Final Payment: Final payment shall be due on acceptance of the work, provided the Contract has been completed as provided ini the General Conditions. Before issuance of the final payment, the contractor shall submit evidence, satisfactory to the City of Kingsville that all payrolls, material bills, subcontractors and other indebtedness connected with the work have been paid in full. Failure to provide this documentation within ninety (90) calendar days of final acceptance of the project will result in the contractor forfeiting Article 6 - The Contract Documents: The Specifications, the Proposal, the Instructions to Bidders and the Drawings, together with this Agreement, form the Contract Documents and they are as fully a part oft the Contract Documents as if hereto attached or herein repeated. Representative in accordance with the General Conditions. the entire 5% retainage payment of the contract. Contract Page 1 of2 IN WITNESS WHEREOF, the parties to these present have. executed this Contract in the year and day first above mentioned. CITY OF KINGSVILLE OWNER By: (Signature) Printed or Typed Name Lowman Land Improvements, Inc. CONTRACTOR By: (Signature) Printed or Typed Name Title City of Kingsville, Tx PO. Box 1458 Kingsville, Tx. 78363 Title Lowman Land Improvements, Inc. POI Box 1155 Mailing Address Orange Grove, Tx78372 City, State & Zip Contract Page 2of2 AGENDA ITEM #18 Electrical Planning and Development Services 410'W1 King Kingsville, TX7 78363 PH: 361-595-8055 KaSe MEMO Date: To: From: Subject: September 27th, 2024 Mark McLaughlin (City Manager) Erik Spitzer (Director of Planning and Development Servicès) The City. ofKingsville. 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 City ofKingsville Summary: The City of] Kingsville is currently enforcing the following International Code Council below. City ordinances are affected by adopted editions; codes are edited by the ICC every 3 years; (ICC) however, Family a does not. have to adopt every new edition. Attached on page 2 are recommended changes to the current ordinances as they pertain to the International Code Council (ICC) Family of Codes. Background: Currently, the City of Kingsville enforces the following codes: of Codes of city City Kingsville 72017 National Electrical Code 2018 International Building Code 2018 Plumbing Code 2018 Mechanical Code 2018 Energy Conservation Code 2018 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 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-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 of 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 of 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 in 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 of the City of Kingsville, Texas. CONDUCTOR. A wire or cable or other form of metal suitable for carrying NFPA 70, 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 oft 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 of 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 #19 bulding Planning and Development Services 410 WI King Kingsville, TX78363 PH:361-595-8055 FV Ke MIEMO Date: To: From: Subject: September 27h, 2024 Mark McLaughlin (City Manager) Erik Spitzer (Director ofI Planning 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 ofKingsville 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 the International Code Council (ICC) Family of Codes. 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 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 ofi the International EFFECTIVE DATE. AND PUBLICATION. Building Code by the effective date of this ordinance; WHEREAS, this Ordinance is necessary to protect the public safety, health, and NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 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 to the requirements oft this subarticle and to the specifications, rules and regulations entitled International Building Code 2018 2024 Edition, eppewedandadepledkyhaSewhmsuiingCose-Cengess created by the International Code Council (ICC) with all appendices thereto. Such edition is incorporated herein by reference and made a part oft 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 to 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 ifi for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, fori it is the definite intent of this City Commission that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. IV. THAT this Ordinance shall be codified and become effective on and after adoption and publication as required by law. INTRODUCED on this the 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 #20 Plumbing Planning and Development Services 410 WI King Kingsville, TX78363 PH:361-595-8055 CITY Kie rW 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 of] Kingsville Firel 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] 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 of Codes. Background: Currently, the City of] Kingsville enforces the following codes: 2017National: Electrical Code 20181 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 recommends approving the adoption of the 2024 edition of the International Code Council Family of Codes for the City of Kingsville Erik Spitzer Director ofl Planning 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 several 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 of this ordinance; municipality to require a registration fee or administrative fee. welfare of 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 CODE. 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 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 (f) 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. for the unexpired term. shall receive no compensation for their services. appropriate and necessary. health. Board members. recorded all transactions and business of the Board. 3 (C) Section 106.6.1 of the International Plumbing Code shall be amended to read Itshall 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 #21 Mechanical Planning and Development Services 410WE King Kingsvile,TX78363 PH:361-595-8055 FV 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 of Kingsville Fire Department 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 ofE 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 to1 the International Code Council (ICC) Family of Codes. Background: Currently, the City of Kingsville enforces the following codes: 20171 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 recommends approving the adoption of the 2024 edition of the International Code Council Family of Codes for the City ofl 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, 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 of 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 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 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 TO FORM: Courtney Alvarez, City Attorney 3 AGENDA ITEM #22 Energy Conservation Planning and Development Services 410 WI King Kingsville, TX 78363 PH:361-595-8055 aa R 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 ofKingsville Summary: The City ofl 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 of Codes. Background: Currently, the City ofl Kingsville enforces the following codes: 2017: National Electrical Code 20181 International Building Code 2018 Plumbing Code 20181 Mechanical Code 2018 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 ofl 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: I. 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, 1 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 Its shall 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 1,8 101.3 (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 the following particulars: reads: that are relevant to the case. valuation of 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, for it ist 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 #23 Existing Bullding Planning and Development Services 410 WI King Kingsville, TX78363 PH:361-595-8055 CITY Kigyle w MEMO Date: To: From: Subject: September 27h,2 2024 Mark McLaughlin (City Manager) Erik Spitzer (Director of Planning and Development Services) The City. ofKingsville. 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 ofKingsville 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 of Codes. Background: Currently, the City of] Kingsville enforces the following codes: 2017: National Electrical Code 20181 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 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 specifications, 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. II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed 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 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: Sam R. Fugate, Mayor ATTEST: 20 Mary Valenzuela, City Secretary APPROVED ASTO FORM: Courtney Alvarez, City Attorney 2 AGENDA ITEM #24 Progery Paintenase Planning and Development Services 410W King Kingsville, TX78363 PH:3 361-595-8055 FV N MEMO Date: To: From: Subject: September 27t, 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 Fire Department 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 ofl 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 to1 the International Code Council (ICC) Family of Codes. Background: Currently, the City of 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 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 I ORDINANCE NO. 2024- AMENDING THE CITY OF KINGSVILLE CODE OF ORDINANCES CHAPTER IX- GENERAL REGULATIONS, ARTICLE/-NUSANCES, 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 for 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 oft this ordinance; of the City of Kingsville. OF KINGSVILLE, TEXAS: . 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: ARICIE7-NUIANCIES: Footnotes: - (8) - 1 Editor's note- Ord. No. 2014-08, SI, adopted March 10, 2014, amended article 7 in 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) Ac certain document being marked and designated as the International Property Maintenance Code (IPMC), 20182024 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 fees; 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 in this article. the office of the Building Services Division. Building Officials or Inspectors for maintenance of the property. (Ord. 2014-08, SI., 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 of 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 out its responsibilities under this code shall be as (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 references 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 in 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: directed in Sections 9-7-5 and 9-7-6 of this Article. 2018 Edition. in this 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 of 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 to 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 to 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 of 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 1 to March 1t to maintain a 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, $1,3-10-14) II. THAT all Ordinances or parts of Ordinances in conflict with this Ordinance are repealed to the extent of such conflict only. III. THAT if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of 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 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. 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 AS TO FORM: Courtney Alvarez, City Attorney 6 AGENDA ITEM #25 tre Code Planning and Development Services 410 W: King Kingsville, TX 78363 PH:361-595-8055 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 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 ofKingsville Summary: The City of Kingsville is currently enforcing the following International Code Council (ICC) Family ofCodes 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: 20171 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 recommends approving the adoption of the 2024 edition of the International Code 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 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; PUBLICATION. WHEREAS, this Ordinance is necessary to protect the public safety, health, and 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 Intemational Fire Code, 2024 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 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 1 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. 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 #26