Habzy Els MaS PIAueN REGULAR MEETING OF THE CITY OF ARANSAS PASS CITY COUNCIL CITY HALL, 600 W. CLEVELAND BLVD., ARANSAS PASS, TEXAS JANUARY 6, 2025 - 6:00 PM THIS IS A BUSINESS MEETING CONDUCTED BY THE ELECTED GOVERNING BODY FOR THE CITY OF ARANSAS PASS. Out of consideration for all attendees and per Council Policy, please silence all electrical devices. Furthermore, there shall be no talking, gesturing, or derogatory comments during the meeting. All comments must be addressed to the Council and will only be permitted through acknowledgment of the presiding officer. Policy prohibits the exchange of conversatonlcomments amongst audience members. The advancement of the meeting will not be altered due to any interruptions. Any violation of Council Policies will result in removal from the City Council Meeting. Thank you for your cooperation. Ramiro Gomez, Mayor Carrie Scruggs, Mayor Pro Tem Jason Knight, Council Member Place 2 Joe Dominguez, Council Member Place 3 J. R. Haskins, Council Member Place 4 1. Call to Order and Certification of a Quorum 2. Invocation 3, Pledges 4, Presentations and Proclamations 5. Announcements With respect to items not listed elsewhere on this agenda, members may, report on items of community interest, including announcing community events, annourcing employee or community recognitions, or requesting placement of items on the agenda for discussion or action at a following meeting. a, City Manager's Announcements i. January 8, 2025 = Special Council Meeting @ 1 PM ii. January 9, 2025 - Special Council Meeting @ 3 PM Regular City Council Meeting -January 6 2025 6. Citizen Comments At this time, the public is invited to address the City Council and speak on any matter not specifically listed for public hearing elsewhere in this agenda. Please note that the City Council members may not respond to comments or deliberate on topics if they are not included on this agenda. Each citizen will be allowed three (3) minutes to address Council. Citizens wishing to speak should fill out a speaker request form, located at the back of City Council chambers, and deliver it to the City Secretary before the meeting begins. City Council has adopted a policy consistent with state law that prohibits defamation, intimidation, personal affronts, or threats of violence, shouting, unruly behavior, and other similar behavior that impedes or disrupts the orderly conduct of meetings, such as distracting side conversations. See Section 2-1.1 fori further details. 7. Staff Reports and other Discussion Items Items in this section are not expected to require action by City Council and are generally fori information only: However, all items listed in this section may become action items on request of any Council Member, and City Council may take action on any item listed in this section without further notice. a. CUP Tool Rental Zoning Ordinance Amendment b. Peddlers (Solicitors, Vendors, Pop-Ups) Amendment to Chapter 21 Code of Ordinances C. Mobile Food Establishment Zoning Ordinance Amendment d. RV Storage Zoning Ordinance Amendment 8. Consent Agenda No discussion is anticipated on any of the items in this section because they are routine business, were included in the budget adoption process, or have been previously discussed as a staff report or discussion item. These items will be considered collectively by a single vote, unless a council member requests an item be removed from the consent agenda. a. Consideration of approving the December 16, 2024 Regular Meeting Minutes (City Secretary) b. Consideration of approving the December 17, 2024 Workshop Meeting Minutes (City Secretary) 9. Action Items City Council will discuss, consider, and take any action deemed necessary on items listed in this section, including the adoption of a minute order, a resolution or an ordinance. a. Consideration of approving the revised TCEQ Notice of Intent to Operate a Citizen's Collection Station. (Interim City Manager) b. Consideration of approving Resolution No. 2025-1070 establishing guidelines for the expenditure of Hotel/Motel Tax Funds. (Interim City Manager) C. Consideration of approving Ordinance No. 2025-4479 amending City Code of Ordinances, Chapter 27 - Taxation and Licenses, Article II - Hotel Occupancy Tax, Section 27-21 (d) Levy of Tax Rate; Exception; Use of Proceeds. (Interim City Manager) Regulan City Council Meeting - January 6. 2025 2 d. Consideration of approving to reschedule the January 20, 2025 City Council Meeting due to a City Holiday to Tuesday, January 21, 2025. (City Secretary) e. Consideration of approving Ordinance No. 2025-4480 providing for an automatic increase in water rates pursuant to Section 29-27(C) and Section 29- 28 (A), (B), and (C) of the City Code of Ordinances as a result of an increase in rates by the City's water vendor(s); and, providing for an effective date. (Interim City Manager) 10. Executive Session All items listed in this section will be deliberated in a closed session. Members of the public are not generally permitted to attend a closed session. Executive session items may be considered as an action item at the discretion of the Mayor, howèver, City Council will not take any action in closed session. a. Texas Government Code Section 551.071 = To meet with its attorney to seek legal advice on a matter in which the duty of the attorney to the city council under. the Texas Disciplinary Rules of Professional Conduct of the state bar of Texas clearly conflicts with the Texas Open Meetings Act, and Section 551.087 Deliberation Regarding Economic Development Negotiations Relating To: i. Conn Brown Harbor Lease - Aransas Pass Seafood Packers 11. Action on Executive Session Items Council will reconvene in open session and may take action on any item listed. in the Executive Session section of this Agenda. 12. Adjournment 13. Special Accommodations This facility is wheelchair accessible and there are special parking spaces near the main entrance. Requests for accommodation or special services must be made 48 hours prior to this meeting. Please contact the City Secretary's Office at (361) 758-5301 ext. 1103 or Fax (361) 758-8188 or email clysecrelary@aplxpoy for further information. With respect to any subject matter listed on this agenda, the City Council may meet in Closed Executive Session, if and to the extent allowed by Chapter 551 of the Texas Government Code, including, but not limited to, any of the following sections of Chapter 551: Section 551.071 Consultations with Attorney, Section 551.072 Deliberation about Real Property, Section 551.073 Deliberation regarding Prospective Gift, Section 551.074 Personnel Matters, Section 551.087 Deliberation regarding Economic Development Negotiations, and Section 551.089 Deliberation regarding Security Devices or Seçurity Audits. Regular City Counbil Meeting -January 6. 2025 3 Certificate of Notice I certify that a copy of the Notice of Meeting was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, www.aptx.gov, in compliance with Chapter 551, Texas Government. Date: 1/3/2025 Time: 4:00 pn Taken Down: Chandiu Maautt Kandice Garrett, City Secretary Regular City Council Meeting -January 6. 2025 4 hlJ Hatri ma Phsue City of Aransas Pass City Council Meeting January 6, 2025 DISCUSSION ITEMS WL, Hatarie S ENNAL Paks Discuss item on a public hearing held on December 2, 2024 on a request to amend the Zoning Ordinance, Section 10-Use of Land and Buildings, 10-200 Schedule of Uses, 10-210 Retail Sales Use, 148 Tool Rental by removing the Conditional Use Permit (CUP) requirement from GB-General Business zoning area for Tool Rental. alaterk CUP Tool Rental - ON 0 ENNAS Pasae Conditional Use Permit requirement was removed from schedule of uses for a Tool Rental business located in a General Business zoning area. AG R- R * - Ar A A NS SC CA HC u H PD MH RVO HO 16 10 74 76 2 3 Em RETALS SALES E E Toa Raental hlJ iatark S CAAL Dak Discuss, item on a public hearing held on December 2, 2024 on a request to amend the Code of Ordinances, Chapter 21 Peddlers by changing the name to Salespeople and establishing new guidelines, definitions, fees, and requirements for Vendors, Peddlers, and Pop- Up sales, solicitors. alaterk Peddlers - OIN 0 ENNAS PasaJe Main Points Changed: Name changed from Peddlers to Salespeople Article IV name change from Aggressive Solicitation to Solicitors Adding a definition explaining block-walking, door to door sales Adding a definition explaining solicitor, salespeople Clarifying definitions of peddlers, vendors, and pop-ups Clarifying where to register (OpenGov) and what paperwork is needed Reducing fee to $50 for 1 yr and removing other fees as per recommendation from Planning and Zoning Commission (other department heads agreed on $75) Clarifying exemptions (removing contradicting verbiage and unrelatable location and product, outdated info) Clarifying facilities to be provided in Article II (requiring bathroom accessibility) Removing repeated verbiage Adding definition of Aggressive Manner Adding registration requirements to Article IV Solicitors Making above changes to match all statements throughout ordinance hlJ iatark S EnaL Dak Discuss, item on a public hearing held on December 2,2024 on a request to amend the Zoning Ordinance, Section 12-Mobile Food Establishments by changing the name to Mobile Food Units and delineating new guidelines, definitions, fees, and requirements with other amendments to 12-200-Mobile Food Establishment Requirements, Section 10-Use of Land and Buildings, Section 10- 200 Schedule of Uses number 78.5, and Section 10-300 Definitions. AuHabari Mobile Food Establishments - - I- MENNAS PasaJe Main Points Changed: Change name of ordinance from Mobile Food Establishment to Mobil Food Unit Clarifying what a definition means (Clarification of meaning in the ordinance) Permit requirements Liability insurance limits defined Permit fees to $75.00 per year, removing temp permits Clarifying inspections from Fire Dept and County Clarifying places of operation and hours Clarifying inspection sticker location Removing location designation (permit can be used throughout city in accordance to applicable rules in ordinance) Clarifying restrictions as to location of mobile food Clarifying zonings allowing mobile food units: General Business and Civic Spaces Making above changes to match all statements throughout ordinance hlJ iatark S EnaL Dak Discuss, item on a public hearing held on December 2, 2024 on a request to amend the Zoning Ordinance, Section 10-Use of Land and Buildings, 10-300 Definitions and Explanations Applicable to Use Schedule, Definitions, 221 RV Storage in Residential to state only one (1) RV per lot will be allowed to be stored and 222 RV Storage in Commercial to state only (1) RV per business will be allowed to be stored. alaterk RV Storage - MENIRI - Pasae I- . Main points changed: The verbiage only one (1) RV per residential lot' and only one (1) RV per commercial lot' is added to Section 10-300 for clarity as to how many RV's can be stored on a lot. hl atark - IN ENNAS Da Complete & Hataris CITY OF ARANSAS PASS AGENDA MEMORANDUM enns he City Council Meeting of January 06, 2025 Date: 1.6.2025 To: City Council From: Planning Department Title: Return as a discussion item on a public hearing held on December 2, 2024 on a request to amend the Zoning Ordinance, Section 10-Use of Land and Buildings, 10-200 Schedule of Uses, 10-210 Retail Sales Use, 148 Tool Rental by removing the Conditional Use Permit (CUP) requirement from GB-General Business zoning area for Tool Rental. PURPOSE: To remove the Conditional Use Permit (CUP) requirement for General Business (GB) zoning for 148 Tool Rental since the description should be allowed by right in GB. BACKGROUND AND FINDINGS: An incoming business wanted to open a tool rental business in a General Business (GB) zone. It is then when the Conditional Use Permit (CUP) requirement was noticed. This requirement is not needed since tool rental falls into the description of what is allowed in a GB zone. It is not necessary to put a potential business through extra processes when type of business falls in line with zoning area. Main points changed: Conditional Use Permit requirement was removed from schedule of uses for a Tool Rental business located in a General Business zoning area. ALTERNATIVES: The alternative would be not to approve the request. CONFORMITY TO CITY POLICY: N/A EMERGENCYINON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: [I Operating [ 1 J Revenue [I Capital [X] Not applicable Project to Date Fiscal Year: Expenditures Current Year Future Years TOTALS 2024-2025 (CIP only) Line-Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): N/A Comments: This amendment streamlines processes and clarifies rules for general public. RECOMMENDATION: Planning and Zoning Commission recommends approval. LIST OF SUPPORTING DOCUMENTS: CUP Tool Rental Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, TEXAS, TO AMEND ZONING ORDINANCE 9 SECTION 10-USE OF LAND AND BUILDINGS, 10-200-SCHEDULE OF USES, 10-210 RETAIL SALES USE, 148 TOOL RENTAL; TO REMOVE CONDITIONAL USE PERMIT AS A REQUIREMENT FOR TOOL RENTAL SERVICE AND TO BE ALLOWED OUTRIGHT IN GB-GENERAL BUSINESS; REPEALING CONFLICTING ORDINANCES, PROVIDING FOR SEVERANCE, NOTICE, AND PENALTY, AND DECLARING AN EFFECTIVE DATE. Whereas, the City of Aransas Pass definition allows sales and services in General Business zoning; and Whereas, there was no other reasoning found as to why, Tool Rental, in GB would need a Conditional Use Permit; and Whereas, the Planning and Zoning Commission recommended amending the text when applicant applied for Conditional Use Permit (CUP) for their business; and Whereas, the Planning and Zoning Commission approved the change at their meeting on October 14, 2024; and Whereas, the City Council finds that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting as required by the Open Meetings Act, Chapter 551, 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 thereof has been discussed, considered and formally acted upon. Now, therefore, be it ordained by the City Council of the City of Aransas Pass, that: 1. Findings. The findings contained in the recitals of this ordinance are declared to be true and correct and are hereby adopted as part of this ordinance for all intents and purposes. 2. Amended Text: Strike-through text is deleted, underlined text is added. AG R NS SC CA HC u HI PD MH RVO HO 6 10 ACIMREHISAIESUEE HE Toa Rantal 3. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. 4. Severability. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining provisions of this Ordinance shall not be affected, and it is the intent of the City Council in adopting this Ordinance that no portion, provision, or regulation herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion, provision or regulation, and all provisions of this Ordinance are declared to be severable for that purpose. 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval by the City Council of the City of Aransas Pass. PASSED, APPROVED, AND EFFECTIVE THE DAY of CITY OF ARANSAS PASS, By: Ramiro Gomez, Mayor ATTEST: Kandice Garrett, City Secretary Approved as to form: Epimenio Ysassi, Interim City Attorney & Hataris CITY OF ARANSAS PASS AGENDA MEMORANDUM enns me City Council Meeting of January 06, 2025 Date: 01.06.2025 To: City Council From: Planning Department Title: Return as a discussion item on a public hearing held on December 2, 2024 on a request to amend the Code of Ordinances, Chapter 21 Peddlers by changing the name to Salespeople and establishing new guidelines, definitions, fees, and requirements for Vendors, Peddlers, and Pop-Up sales. PURPOSE: Request to amend the Code of Ordinances, Chapter 21 Peddlers by changing the name to Salespeople and establishing new guidelines, definitions, fees, and requirements for Vendors, Peddlers, and Pop-Up sales. BACKGROUND AND FINDINGS: When events happened in the city, only some vendors would obtain permits, and most would not get a permit due to the required documentation to obtain a permit. Due to complaints, departments got together to streamline the ordinance. Community Involvement, Building, Public Works, Fire, Police, and Planning talked over items and streamlined the document. Whereas the Planning and Zoning Commission has also approved changes in their meeting on October 14, 2024. Main points changed: Name changed from Peddlers to Salespeople Article IV name change from Aggressive Solicitation to Solicitors Adding a definition explaining block-walking, door to door sales Adding a definition explaining solicitor, salespeople Clarifying definitions of peddlers, vendors, and pop-ups Clarifying where to register and what paperwork is needed Reducing fee to $50 for 1 yr and removing other fees as per recommendation from Planning and Zoning Commission Clarifying exemptions Clarifying facilities to be provided in Article II Removing repeated verbiage Adding to definition of Aggressive Manner Adding registration requirements to Article IV Solicitors Adding a fee of $400 for solicitors. Correcting numbering as needed. ALTERNATIVES: Not pass and leave complicated requirements. CONFORMITY TO CITY POLICY: Ch. 21 EMERGENCYINON-EMERGENCY: Semi-emergency DEPARTMENTAL CLEARANCES: Approved by Community Involvement, Building, Public Works, Fire, Police, and Planning FINANCIAL IMPACT: [I Operating [I Revenue [I Capital [X] Not applicable Fiscal Year: Project to Date Expenditures Current Year Future Years TOTALS 2024-2025 (CIP only) Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): N/A Comments: Streamlining Peddlers ordinance will attract business to the city and facilitate events with more community involvement. RECOMMENDATION: Planning and Zoning Commission recommended approval. LIST OF SUPPORTING DOCUMENTS: Peddlers (Salespeople) Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, TEXAS, TO AMEND CHAPTER 21-PEDDLERS, ARTICLES I-IV, SECTIONS 21-1 THROUGH 21-24, CHANGING THE CHAPTER NAME TO SALESPEOPLE, CLARIFYING DEFINITIONS FOR SALESPEOPLE, VENDORS, PEDDLERS, AND POP-UPS, ADDING FEES, PENALTIES, AND REQUIREMENTS ALONG WITH OTHER AMENDMENTS, FOUND IN EXHIBIT A; REPEALING CONFLICTING ORDINANCES, PROVIDING FOR SEVERANCE, NOTICE, AND PENALTY, AND DECLARING AN EFFECTIVE DATE. Whereas, the City received many complaints of vendors that wanted to participate in local events; and Whereas, the City of Aransas Pass Planning, Building, Public Works Departments, and City Manager understood clarification was needed to streamline applications for events; and Whereas, type of salespeople, vendors, peddlers, and pop-ups needed to be clarified and given own definition, fees, and requirements; and Whereas, all departments agreed on fees and requirements; and Whereas, the Planning and Zoning Commission has approved changes on October 14, 2024, and Whereas, the City Council finds that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting as required by the Open Meetings Act, Chapter 551, 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 thereof has been discussed, considered and formally acted upon. Now, therefore, be it ordained by the City Council of the City of Aransas Pass, that: 1. Findings. The findings contained in the recitals of this ordinance are declared to be true and correct and are hereby adopted as part of this ordinance for all intents and purposes. 2. Adjustments to text. Changing the name from Peddlers to Salespeople, clarifying definitions for Salespeople, Peddlers, Vendors, and Pop-Up Sales and others along with fees and requirements, along with other amendments. Changes in Article I-IV section 21-1 through 21-24 as described in Exhibit "A". 3. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. 4. Severability. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining provisions of this Ordinance shall not be affected, and it is the intent of the City Council in adopting this Ordinance that no portion, provision, or regulation herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion, provision or regulation, and all provisions of this Ordinance are declared to be severable for that purpose. 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval by the City Council of the City of Aransas Pass. PASSED, APPROVED, AND EFFECTIVE THE DAY of CITY OF ARANSAS PASS, By: Ramiro Gomez, Mayor ATTEST: Kandice Garrett, City Secretary Approved as to form: Epimenio Ysassi, Interim City Attorney EXHIBIT "A" Strike-through text is deleted. Underlined is added. Chapter 21 Pedelers-Salespeople ARTICLE I. - IN GENERAL Sec. 21-1. - Definitions. Peddler, vendors, and pop-ups shall mean any person without a permanent business establishment within the city who sells, offers for sale, rents or offers for rent any goods or services, takes or offers to take orders for the future delivery of any goods or services; bymeans Fgeimgwporpivateprepemhewhaetwwthowthepie: expressed-requestereensenthe-OWReFOFerseeupantthereet,and-meldes-any-persen who engages in the business of selling, offering for sale, renting or offering for rent and delivering from stock at or near the time of sale or rental or any goods or services from any vehicle, cart, stand, event, or other equipment or device or from his person, from, in or upon eny-puble-street, ysRewaperksFayOHRe an authorized public place including outside a permanent, established business. The term peddler shall be synonymous with the terms vendor or selieitor pop-up sales. Permanent business establishment means a building or part of a building or space within a building owned or occupied for use in the operation of an on-going commercial or industrial enterprise which has been or is intended to be conducted for more than forty-five (45) days and for which use a certificate of occupancy has been issued by the city. Person shall mean any individual, firm, company, corporation, organization, partnership, association or other legal entity. Salespeople shall mean any peddler, vendor, pop-up, or solicitor who sells, offers for sale, rents or offers for rent any goods or services. takes or offers to take orders for the future delivery of any goods or services. (Ord. No. 3169, 8 1, 7-16-84; Ord. No. 4050, $ 1(Exh. A), 10-21-13) Sec. 21-2. - Registration requirement. (aA) Registration requirement. Every peddler, vendor, pop-up. or solicitor upenacity Premegmedreghtimtien form shall register upon arriving to do business through the OpenGov with the city portal ispeetor prior to peddling selling by creating an account. (b B) Registration form. The registration form promulgated by the city, chuhefledews yeveypeseleras4ee#FACAROPReeN prior to peddling-selling, shall show and contain the following: (1) The name and address of the registrant; (2) The name and address of the person/company, if any, the registrant represents; (3) The kind of goods or services offered and whether same are to be offered for sale, rent, lease, barter or exchange; WAeterhereghtisPayseereerenehaldmakkBREEPE-OFREEive Payeterdepesitefmaeyiaahaseffmaldeliverie: 6-TPheperiedeftimesHehrgHREMishestPemgegeinsehbasiness-within-the-eity: (6)-WhethereFReHsthaseverhseeevEeedefenyetimesieothertharerfie fense,andfse,thesempeedeRmstaneesthereet: 7The-lastfives)eeHewheeintheregiNtha-wrkeeheferecemingite-the-eity; Aphysieal-deseripseriptiorefthe-regihtsenteimehaingheight-weight-haireelerdalteef birth; (9) Texas Driver's License Number, social security number and/or other suitable identification; (0)0metphetegrephaferpiewifreeedaemeHerrtha-emePyew: A criminal background check and fingerprints shall be provided and paid for by the company/applicant at the time of registration. (e)Athe-timeefreghtstio-theregistsmtshallsbamitte-fingepintingby-thepeliee deparimenteFtheeiyamé-el-figeprintis-haleiep-aaeMErserecerdin-the-eiee-ef etHyPekedePerReN: (Ord. No. 3169, 8 2, 7-16-84; Ord. No. 4050, $ 1(Exh. A), 10-21-13) Sec. 21-3. - Permit for Peddler, Vendor, Pop-up. (a A) Every peddler, vendor, pop-up shall, prior to peddling selling, must obtain a peddler permit from the city inspector. No permit shall be issued until the applicant erpemtha-eg-lered properly-and has paid the peddler permit fee. based-upon-the-lemg#Ftme-ehe-desires-seh-a permitas-fellews: Length of Time Permit Fee 1Monthr $-35.00- 6Months 200.00- 1Year -400.00- $50 Each permit issued under the provisions of this chapter shall be valid for heperdefHmesaed one year therein unless terminated earlier, but in no event shall any such permit be issued for a period of time in excess of one (1) year. (Ord. No. 3169, $ 3, 7-16-84; Ord. No. 4050, $ 1(Exh. A), 10-21-13) Sec. 21-4. - Issuance of permit and grounds for refusal. The city inspector shall, within five (5) full working days after filing of each registration statement, issue the required pedéler salespeople permit or, in writing, state the reasons for refusal to issue same which shall be limited to the following: (a)False or inaccurate information or omissions of information required on the OpenGov Portal account egstORBemeNE: bAppheants-eenvieteetaelenyeFeHeARg-OFa-trp*de. (eb) The revocation of a permit previously issued hereunder for good cause within the immediately preceding twelve-month period. Each permit issued under the provisions of this section shall be signed by the city building official inspeeter, shall be dated as of the date of issuance, and shall state the duration or term of such permit on the face thereof. The city building official ispeeter shall also state any particular or specialized terms on the permit which shall be followed by the permitee. Any permit not dated and signed as herein required, or which was issued in violation of this section shall be void. (Ord. No. 3169, 8 4, 7-16-84; Ord. No. 4050, $ 1(Exh. A), 10-21-13) Sec. 21-5. - Revocation of permit. Any permit shall be revoked by the city building official inspeeter or the city manager on a finding by the city inspector or the city manager of any of the following that shall constitute good cause: (a)Any ground for which the permit could be refused. (b)Two (2) violations occurring within twelve (12) months of one another of any of the terms, provisions or conditions of this article or of any ordinance or state law (other than traffic offenses) occurring during the conduct of activities hereunder licensed. (c)Any act or practice that violates V.T.C.A., Texas Business and Commerce Code 8 17.46 et seq., otherwise known as the Texas Deceptive Trade Practice Act. (d)Any act or practice which violates V.T.C.A., Business and Commerce Code Chapter 601, otherwise known as the Home Solicitation Sales Act. (e)The commission, during the term of the permit, of any felony or other crime involving moral turpitude. Permittee shall be notified in writing of the revocation through the OpenGov portal within their account within the specified permit. Said notice shall set forth the grounds for revocation. Revocation shall be effective seventy-two (72) hours after receipt of notice of revocation. Permittee shall have the right to a hearing before the city manager by giving written notice within said seventy-two-hour period of his desire for such a hearing. If said notice is timely given, the city manager shall schedule a hearing within seventy-two (72) hours after the city manager receives permittee's notice of hearing. The city manager shall give permittee notice of the time, date and place of such hearing. After the hearing, the city manager shall make his decision in writing affirming the revocation or reversing same. In the event of an affirmation of the revocation, the permit shall be immediately revoked effective on the date the city manager's decision is made, and the permit shall immediately be returned to the city building official inspeeter. In the event the permittee is accused of committing a felony act or crime involving moral turpitude or an act which affects or threatens the safety and/or well-being of the public, the police chief may immediately suspend the permit and refer the matter to the city manager for revocation proceedings. (Ord. No. 3169, $ 5, 7-16-84; Ord. No. 4050, $ 1(Exh. A), 10-21-13) Sec. 21-6. - Exemptions. The fee and permit required by this article shall not be required by the following; provided, however, that all other provisions of this article shall be held applicable to the following: Ordmary-eemmereial-avelers-whe-selerexhbitfersalegeegeeds.WEes-eFmermerehaneise-te N-PeReR-eFcRPepessieegegatNfhyg-elimg-min-he-sare. (bA) Sale of goods, wares and merchandise, the proceeds of which are to be used and applied to some charitable, religious or philanthropic purpose. (Ord. No. 3169, 8 6, 7-16-84; Ord. No. 4050, $ 1(Exh. A), 10-21-13) Sec. 21-7. - Enforcement. Every peddler obtaining a permit under the provisions of this article and doing business within the tewn çity shall display his permit upon the request of any person, and failure to sO display such permit shall be a violation of this section. It shall be the duty of the Police Department of the City of Aransas Pass, Texas, to examine all places of business and persons subject to the provisions of this chapter, to determine if this chapter has been and is being complied with and to enforce the provisions of this chapter against any person found to be violating the same. (Ord. No. 3169, $ 7, 7-16-84; Ord. No. 4050, $ 1(Exh. A), 10-21-13) Sec. 21-8. - Penalty. Any person, firm or corporation, violating any provision of this article shall be fined in a sum not to exceed two hundred dollars ($200.00), and each transaction and each day during which any provision hereof is violated shall be a separate offense and punishable as such. (Ord. No. 3169, $ 8, 7-16-84; Ord. No. 4050, $ 1(Exh. A), 10-21-13) Secs. 21-9. Non-applicability. This article does not apply to the following: (1) Garage or yard sales as defined and permitted within Chapter 10.5 of this code; (2) Lemonade stands or the likes that are not connected to any retail, chain, or other recognized and established business which would be subject to regulation under City, State, or Federal law and when operated by a person under the age of seventeen (17) (a child); (3) Youth organizations, school sponsored activities, and religious organizations; or (4) Community and chamber of commerce drives or activities. (Ord. No. 4050, 8 1(Exh. A), 10-21-13) Secs. 21-10-21-14. - Reserved. ARTICLE II. - COMMERCIAL RETAIL ACTIVITIES AND-OUTDOORF9OD-DISPLAYS Sec. 21-15. - Prohibition. HahalhesahawaHeranywgass, merehandiseersericBsGRAGBEEREReriedferiedesee-seexeeptowtofa PeFRAReRSRNeHResErphying-iallewmsnswedes.enimaes-mdregwlastiensefthe y-appleable-thelherea,imeldng-bHEReHede,pathang-reguirements,and Activities shall providemng sanitary sewer facilities for both men and women therein (whether a port-a-potty or nearby brick-n-mortar), Rd-Re-Hideerdisply-aelestererfeed-emseFany-matare-shal-be established. (Ord. No. 3171, $ 1, 8-6-84) Sec. 21-16. - Exemptions. This article is not applicable to the following: (a)Peddlers, as defined and regulated by other provisions of this code, or Aetivites-upon-thepabe-bench-whehare-reregHated-syothSeFFthis-eede,eF (e-b)Garage sales as defined and regulated by chapter 10.5 of the Aransas Pass Code of Ordinances, or (ç) Non-profit, charitable, civic or educational organizations which have been in existence within the city for a period of three (3) years, and the function or activities for which this exception applies are no longer than ten (10) cumulative days in duration during each calendar year. Such ten (10) days may be utilized in segments. e/seeeFueRekehehart-heHRHes: (fd) Snow cone stands which operate strictly on a "carry-out" basis, are exempt herefrom SO far as providing separate sanitary sewer facilities for both men and women. One (1) unisex facility shall be permitted for such businesses. (Ord. No. 3171, $ 2, 8-6-84; Ord. No. 3205, $ 1, 1-7-85; Ord. No. 3579, $ 1, 21-16(f), 7-10-95; Ord. No. 3582, $ 1, 8-21-95) Sec. 21-17. - Penalty. Any person, firm or corporation violating any provision of this article shall be fined a sum not to exceed two hundred dollars ($200.00), and each transaction (sale, lease, rental, exchange or barter or offer of same) and each day during which any provision hereof is violated shall be a separate offense and punishable as such. (Ord. No. 3171, $ 3, 8-6-84) Secs. 21-18--21-20. - Reserved. ARTICLE III. - COMMERCIAL. ACTIVITY ON PUBLIC PROPERTY AND RIGHTS-OF- WAY Sec. 21-21. - Prohibition. (a)It shall be unlawful for any person to sell, lease, rent, barter or exchange goods, wares, merchandise or services on a commercial retail basis or to engage in any other commercial activity or to offer to do SO from, out of, or upon public property, roadway, or rights-of-way without approval of the city and permit. ahalasmerhesaawy-wwwand. wares,merehandiseerservieesenReePERePeiazretai-basiserte-eHerterde-se-exeeptottefe PAMREMESPsteemP'ipwiakwntuwiawwrgaiesafie iypiwhe-has.inmg-wtiatwssem faelityshal-be-previdmwepeasiefermePeéweePestkervisereguireby pplieableruesamdraism-Nesuseanymaureshal be-established (Ord. No. 3170, $ 1, 7-16-84; Ord. No. 3184, 8 1, 10-15-84; Ord. No. 3684, 8 1, 10-19-98) Sec. 21-22. - Exemptions. The terms and provisions of this article shall not be applicable to the following: (a)Civic or other such activities with the prior approval of the city council. b)Concessionaires or licensees granted a license under other provisions of this Code to operate upon said public property, including those involved in the sale of commercially packaged frozen dairy treats. Sales of such commercially packaged frozen dairy treats shall be limited to daylight hours thirty (30) minutes after sunrise to thirty (30) minutes before sunset, Monday through Saturday, and from 1:00 p.m. to thirty (30) minutes before sunset on Sundays, With-the-sale-ef piekles-beingexpresshy-prohibited: /NewSFeS.PreriedSweFRek#sh-be-m-agertHigh e yfou(4)feet Wide-by-twe-(2-feetdeep-ende)sshal-be-epeant-mentme-releelean,Attraetive mégeedeperatingepméHipm-mdSwehrmesshalsthephastimeiseonewey thsiteaseseresukeemeimefereewiiehelarenfieerpeigewitpedestirfie e-walkweyerwith-wwefperateerfvmehuligtSahreksshallbe byeetteepprevalefeity-eeume: (Ord. No. 3170, $ 2, 7-16-84; Ord. No. 3204, $ 1, 1-7-85) Sec. 21-23. Penalty. Any person, firm or corporation violating any provision of this article shall be fined in a sum not to exceed two hundred dollars ($200.00), and each transaction (sale, lease, rental, exchange or barter or offer of same) and each day during which any provision hereof is violated shall be a separate offense and punishable as such. (Ord. No. 3170, 8 3, 7-16-84) ARTICLE IV. - AGGRESSIVE SOLICITATION-SOLICITORS Sec. 21-24. - Aggressive solicitation. (a A) In this section, the following definitions apply: Aggressive manner means: (1) Making any physical contact with or touching another person in the course of the solicitation without the person's consent; (2) Following the person being solicited, if that conduct is: a.) Likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or b.) Reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; (3) Continuing to solicit a person after the person has made a negative response; (4) Blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation; (5) Using obscene or abusive language or gestures toward the person being solicited; or (6). Approaching the person being solicited in a manner that: a.) Is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person's possession; or b.) Is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. (7) Block walking/door to door: solicitating services. items. or religious purposes in the manner described in the numbers above 1-6. Automated teller machine means a device, linked to a bank's account records, which is able to carry out banking transactions. Automated teller facility means the area comprised of one (1) or more automatic teller machines, and any adjacent space that is made available to banking customers. Bank includes a bank, savings bank, savings and loan association, credit union, trust company, or similar financial institution. Check cashing business means an entity in the business of cashing checks, drafts, or money orders for consideration. Public area means an area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking lot, alleyway, pedestrian way, or the common area of a school, governmental buildings and facilities, hospital, apartment house, office building, transport facility, or shop. Solicit means to request, by the spoken, written, or printed word, or by other means of communication an immediate donation or transfer of money or another thing of value from another person, regardless of the solicitor's purpose or intended use of the money or other thing of value, and regardless of whether consideration is offered. Solicitor means aj person that engages in actions as described in the definition of aggressive manner listed above. (b B) A person commits an offense if the person solicits: (1)In an aggressive manner in a public area; or (2) Within fifty (50) feet of the following areas where the public is considered vulnerable or where solicitation would interfere with the flow of traffic: a.) An automated teller machine; b.) An automated teller facility; c.) The entrance or exit of a bank; d.) The entrance or exit of a check cashing business; e.) A city park or recreational facility; f.) All governmental buildings and facilities; g.) A public parking garage or parking lot pay station; h.) The entrance or exit of a restaurant or the service area of an outdoor eating establishment; i.) In a bus, at a bus station or stop, or at a facility operated by a transportation authority for passengers; or j.). A marked crosswalk. (eC)A culpable mental state is not required, and need not be proved, for an offense under this section. (A] D) Any person who engages in any activity specified in subsection (b B), maybe subject to prosecution for a Class C misdemeanor and a fine not to exceed five hundred dollars ($500.00). Sec. 21-25 Registration Requirements (a) Registration requirement. Every solicitor, upon a city promulgated registration form (OpenGov). shall register with the city prior to soliciting. (b) Registration form. The registration form promulgated by the city (OpenGov), shall show and contain the following: The name and address of the registrant: The name and address of the eroncompany/eipion. if any. the registrant represents: (3). The kind of goods or services offered and whether same are to be offered for sale. rent, lease. barter or exchange: (4) Whether the registrant, upon any sale or order, shall demand, accept, or receive payment or deposit of money in advance of final deliveries: (5) Whether or not the applicant has ever been convicted of any crime other than a traffic offense, and if so. the complete circumstances thereof: (6) The last five (5) cities wherein the registrant has solicited before coming to the city; 7) Aj physical description of the registrant. including height. weight, hair color. date of birth: (8) Texas Driver's License Number, social security number and/or other suitable identification: (9) One (1) photograph of applicant of recent date, no older than one (1) year. (10) A full background check report shall be provided by company (applicant) for each solicitor working in the City of Aransas Pass. (c) At the time of registration the registrant shall submit to fingerprinting by the police department of the city and such fingerprints shall be kept as aj permanent record in the office of the city police department. Section 21-26 Required Permit Length of Time Permit Fee 1 year $400 & Hataris CITY OF ARANSAS PASS AGENDA MEMORANDUM Manas me City Council Meeting of January 06, 2025 Date: 01.06.2025 To: City Council From: Planning Department Title: Return as a discussion item on a public hearing held on December 2,2024 on a request to amend the Zoning Ordinance, Section 12-Mobile Food Establishments by changing the name to Mobile Food Units and delineating new guidelines, definitions, fees, and requirements with other amendments to 12- 200-Mobile Food Establishment Requirements, Section 10-Use of Land and Buildings, Section 10-200 Schedule of Uses number 78.5, and Section 10-300 Definitions. PURPOSE: To amend the ordinance and establish guidelines, definitions, fees, and requirements that are more lenient for mobile food units to attract more businesses to AP. BACKGROUND AND FINDINGS: Prior to this change, mobile food establishments started to get their permits and then abandoning them when they found out the steps needed to get approval were too many or complaints would be made to other city staff and council members. Required paperwork seemed to overload applicants. This caused some events in the city to not fill up with vendors. This change will facilitate events and business in our city. This will allow any mobile food units to adhere to more lenient guidelines opening the door to more business in the city. Main points changed: Name change from Mobile Food Establishment to Mobil Food Unit Clarifying what a definition means Permit requirements Liability insurance limits defined Permit fees to $75.00 per year Clarifying inspections from Fire Dept and County Clarifying places of operation and hours ALTERNATIVES: Keep old requirements and deter sales/events all together. CONFORMITY TO CITY POLICY: Zoning Ordinance, Section 12-Mobile Food Establishment. EMERGENCYINON-EMERGENCY: Semi-emergency DEPARTMENTAL CLEARANCES: Approved by City Manager (Gary Edwards), Planning, Public Works, and Building. FINANCIAL IMPACT: [I Operating [I Revenue [I Capital [X] Not applicable Project to Date Fiscal Year: Expenditures Current Year Future Years TOTALS 2024-2025 (CIP only) Line-Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s):N/A Comments: This change came about due to events happening in the city and having salespeople complain about the current process and deciding not to be a part of the events due to paperwork required. RECOMMENDATION: Planning and Zoning Commission recommend approval. LIST OF SUPPORTING DOCUMENTS: Mobile Food Establishment (Units) Ordinance & Hataris CITY OF ARANSAS PASS AGENDA MEMORANDUM enns me City Council Meeting of January 06, 2025 Date: 01.06.2025 To: City Council From: Planning Department Title: Return as a discussion item on a public hearing held on December 2, 2024 on a request to amend the Zoning Ordinance, Section 10-Use of Land and Buildings, 10-300 Definitions and Explanations Applicable to Use Schedule, Definitions, 221 RV Storage in Residential to state only one (1) RV per lot will be allowed to be stored and 222 RV Storage in Commercial to state only (1) RV per business will be allowed to be stored. PURPOSE: To further delineate how many RV's can be stored on a residential and commercial lot. BACKGROUND AND FINDINGS: Code Enforcement has had an issue with people parking RVs on their properties and living in them where zoning does not permit. This issue was brought to the Planning and Zoning commission with another text amendment not allowing stored' RV's to be connected to water and wastewater. The Commission requested that the number of RV's also be regulated to 1 RV for storage per residential and commercial lot. Main points changed: The verbiage 'only one (1) RV per residential lot' and only one (1) RV per commercial lot' is added to Section 10-300 for clarity as to how many RV's can be stored on a lot. ALTERNATIVES: Keep old requirements and continue to see properties littered with abandoned RV's. CONFORMITY TO CITY POLICY: Ch. 15, Article II Abandoned and/or Junked Vehicles EMERGENCYINON-EMERGENCY: Slight emergency DEPARTMENTAL CLEARANCES: Approved by Code Enforcement and Planning FINANCIAL IMPACT: [I Operating [I Revenue [I Capital [X] Not applicable Project to Date Fiscal Year: Expenditures Current Year Future Years TOTALS 2024-2025 (CIP only) Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): N/A Comments: This change came about due to issues related to Code Enforcement as stated in the background and findings. RECOMMENDATION: Planning and Zoning Commission recommends approval. LIST OF SUPPORTING DOCUMENTS: RV Storage Ordinance ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, TEXAS, TO AMEND THE ZONING ORDINANCE, SECTION 12 MOBILE FOOD ESTABLISHMENT BY CHANGING NAME TO MOBILE FOOD 'UNIT' (MFU), ALONG WITH AMENDMENTS TO SECTION 12-200 MOBILE FOOD ESTABLISHMENT REQUIREMENTS, CLARIFYING DEFINITIONS, FEES, AND REQUIREMENTS; SECTION 10- USE OF LAND AND BUILDINGS, SEC 10-200 SCHEDULE OF USES NUMBER 78.5 CHANGING THE NAME AND ALLOWING MFU IN GENERAL BUSINESS AND THE HARBOR OVERLAY; SECTION 10-300 DEFINITIONS, REPEALING CONFLICTING ORDINANCES, PROVIDING FOR SEVERANCE, NOTICE AND PENALTY AND DECLARING AN EFFECTIVE DATE. Recitals Whereas, the City of Aransas Pass Planning, Building, Public Works Departments, and City Manager understood clarification was needed to streamline applications for events; and Whereas, mobile food units needed to be streamlined with comparable fees, and requirements to other local cities; and Whereas, all departments agreed on fees and requirements for mobile food units; and Whereas, the Planning and Zoning Commission has approved changes on October 14; and Whereas, the City Council finds that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting as required by the Open Meetings Act, Chapter 551, 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 thereof has been discussed, considered and formally acted upon. Now, therefore, be it ordained by the City Council of the City of Aransas Pass, that: 1. Findings. The findings contained in the recitals of this ordinance are declared to be true and correct and are hereby adopted as part of this ordinance for all intents and purposes. 2. Amended Text. Mobile Food Establishments name will change to Mobile Food Units along with fees and requirements. Changes in Section 12-200 are described in Exhibit "A" and Section 10-200 number 78.5, Mobile Food Unit for GB-General Business and HO-Harbor Overlay and Section 10-300 Definition and explanations applicable to use schedule as described in Exhibit "B". 3. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. 4. Severability. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining provisions of this Ordinance shall not be affected, and it is the intent of the City Council in adopting this Ordinance that no portion, provision, or regulation herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion, provision or regulation, and all provisions of this Ordinance are declared to be severable for that purpose. 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval by the City Council of the City of Aransas Pass. PASSED, APPROVED, AND EFFECTIVE THE DAY of CITY OF ARANSAS PASS, By: Ramiro Gomez, Mayor ATTEST: Kandice Garrett, City Secretary Approved as to form: Epimenio Ysassi, Interim City Attorney EXHIBIT "A" Strike-through text is deleted. Underlined is added. SECTION 12 MFE MFU- MOBILE FOOD BABLSAMEMEUNIS 12-200 Mobile Food Establishment Units special requirements. (ord 2022-4386, 04/08/ 2022) (a-A) Definitions. The following words, terms, or phrases, when used in the Ordinance shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. The following definitions only indicate description of use in this section. The definitions do not deter/prohibit needing a permit. Ice Cream Truck means a motor vehicle in which ice cream, popsicles, ice sherberts, or other frozen desserts of any kind or carried for the purpose of retail sale on the streets of the City. Mobile food establishment unit means an operator of a vehicle mounted, self or otherwise propelled, self-contained food service operation designed to be readily moveable (including, but not limited to, catering trucks, trailers, push carts, and roadside vendors) used to store, prepare, display, serve, or sell food that requires temperature control. The mobility of a mobile food establishment unit must be completely maintained at all times. No drive-through service shall be permitted from a mobile food establishment unit. (b B) Scope. This ordinance shall regulate all mobile food establishment unit who does not possess a valid, current, mobile food establishment permit. (e C) Registration-Permit Requirements (online OpenGov portal account) 1. No person shall operate a mobile food establishment unit who does not possess a valid, current mobile-feod-establishment permit. 2. A-mobe-feedestbbhlashametshalmae-aPpPietidReRefomm-provided yhePauing-Pep-rtawpmieeflleflheinmemmsiamiswed mshestie-egee hparPpsuiws Application shall be submitted through the online OpenGov portal found at htp/Aransaspasixporual.opengov.com, a. The name and address of the owner and/or operator b. Ifthe applicant represents a corporation, association, or partnership, the mames-and-aderesses-efthe-effieers-er partners;-article ofincorporation will need to be submitted showing the registered agent. C. Name which the food vending operation will operate; d. State sales tax identification number; e. A description of the vehicle to be used in the mobile food vending operation along with the license or registration and vehicle identification number of the vehicle; f. Proof of food vending general liability insurance ($100,000 per person. $300.000 per occurrence. and $50.000 property damage); g. The proposed schedule for the mobile food establishment, including dates, and-startingandendag-tmmeses-efthe-vending peried; h. Eeepticecrammek, € The locations within the City where the mobile food establishments units will operate. Should such locations not yet be established, an updated list of locations shall be provided to the Planning department at etmeafh-asesépeaw prior to the event. Ice Cream trucks do not need to supply location; i. A site plan for each proposed location; j. A maintenance plan, including litter pick up and cleaning in the vicinity of where the mobile food establishment will operate; k. An original written instrument, executed by each real property owner, verifying that the mobile food establishment is authorized to operate at such location or locations. Should the mobile food establishment acquire additional locations, an updated list shall be provided to the code enforcement along with written permission from the real property owner; 1 MYrAhwewaww- invelvingmeral-tiade-withn--the3-yearperied-immediately precedingthe-date-dateeFthatpersemistration hall-be-imelgiblete-eeivea-ehishmentpermit ermeble-forceurtpermit-athese-eireuastanees,the-building epasrimentshall-ejeeheepswiandahalmotisea PeFRit-thatpermi: H 1. Payment of application fee for mobile food establishment unit permit; and f: m. Anyotherimfermatiengeisedby-the-Plamming Direeter-DBA certificate from the state. n. Current state vehicle inspection 0. Current county health department permit p. Picture of vehicle being used as unit. (3). If the application is rejected for any reason, the applicant must wait 12 months form date of denial before a subsequent application can be filed. (4) Upon receiving a completed application for a mobile food court permit or mobile food establishment permit, the administrator may make appropriate inspection of the location, equipment, vehicle, and other reasonable inspections concerned and shall issue a permit only if: a. The application complies with subsection (b) and b. Any inspection reveals compliance with the applicable requirements of all federal and state statutes and regulations, and city ordinances governing the proposed mobile food establishment operation. (e D) Permit fees. Applicants are required to pay a non-refundable mobilefeed establishment permit fee. (1) The annual permit fee shall be eme-hundred-fify-dellar-($159.09) seventy-five dollars ($75.00) per mobile food establishment unit. An annual permit may be renewed every twelve (12) months. Apermitte-eperaieeremeesevemP-daysahal-be-wenty-five dellars-S25.00permsbiefesdesiablishmentunit (e E) Permit issuance, display and renewal. (1) Once the permit is approved by the Planning Department, Building Department, and Fire Marshall; a shall provide an inspection permit sticker that shall will be displayed on mobile unit. (2) Permit Inspection sticker shall be prominently displayed in a conspicuous place visible to the general public at all times. (3). A mobile food establishment unit assessment must be conducted and approved by the BuileingOfieiahamd Fire Marshall or their appointed designee prior to permit issuance or renewal. a. Inspections. Mobile food establishment shall comply with the: (A) National Fire Protection Association ("NFPA") 96-2017 Edition; (B) 2018 International Plumbing Code, if applicable; (C) 2017 National Electric Code, if applicable (4) The City (Fire Department) may inspect a mobile food establishment unit during regular business hours and at other reasonable times to determine compliance with this ordinance. After conducting an inspection, the City shall inform the mebe-feedestablishment the applicant of its findings. If a violation is found, the City shall close the unit or prescribe a reasonable time period for correction of any violation. Re-inspections at prescribed intervals will be conducted to determine whether required corrections have been made. (5) Permitis-issedferlerlesationdesigmsasdinapplieation: (65). A permit may not be transterred or assigned to another person or entity without written permission from the City. (FF) Allowed areas of operation. (1) Mobile food establishment unit located in authorized residential districts are only allowed in designated public open spaces (civic spaces), such as a park. (2) Restrictions include that a mobile food establishment unit: a. May not be located within ene-hundred fifty (100 50) feet of residential use. b. May not located within fifty (50) feet of street intersections. e: May-mstheleesewithfrehmine6RPfanysehek d-c. May not cause any obstruction to the smooth flow of pedestrian or vehicular traffic within a street or parking lot. e d. May not occupy a required parking space of a permanent business. fe. A mobile food estab-ishment-unit shall be separated from existing restaurant buildings and other mobile food establishment units by a minimum of ten fifteen (10 15) feet. Vendors may not set up in a fire lane. (g G) Hours of operation. A mobile food establishment unit shall have theirhours of operation approved at time of permit by the city. "yEPeewPiR.e pm. 700am-inaresidentemialzemsderw-aalwhwheriy-bythe-Ciy tedese: (h-H) Signage. Signage for a mobile food establishment: (1.) Shall not extend beyond vehicle or unit edges; (2) Must identify the vehicle with character at a minimum of three (3) inches high the name of the mobile food establishment unit and a brief description of the nature of the business if not included in the name; and (3) Shall display at all times in a conspicuous place where it can be read by the general public a copy of a Texas sales and use tax certificate. (D Structural requirements. for a mobile food stbHsheHuiL, (1). A mobile food establishment unit shall: a. Maintain the vehicle in a clean, undamaged condition, both inside and outside, and in good working order; b. Display on the vehicle its current license plates and registration; C. Not be equipped with any sound amplification device; d. Be equipped with four-way hazard lights; and e. The left and right outside read mirrors must be equipped with two (2) outside wide-angle mirrors, one (1) located on the front of the vehicle and one (1) location on the rear of the vehicle. (2) The operator is responsible for maintaining the area of operation in a neat and clean condition. Trash receptacle must be provided within twenty (20) feet for use by customers and at least a 20-gallon capacity and composed of a leak-proof, nonabsorbent material. (3) Seating areas cannot occupy required parking spaces of a permanent business or obstruct the flow of traffic or a right-of-way. GJ Overnight parking. A mobile food establishment unit must be removed daily, unless authorized by property owner, but may be allowed to remain on-site during the weekend hours (Friday evening at 5:00 p.m. to Monday morning at 8:00 a.m.), provided any and all health concerns would be addressed. (k K) Noise level. A mobile food establishment must comply with the City's noise ordinance as stated in Section 18-1 through Section 18-3 of the Aransas Pass Code of Ordinances. (L) Permit revocation. Nothing in this ordinance shall prevent the City from immediately revoking a mobile food establishment unit permit should such vendor be in violation of this ordinance. (m M) Penalty. Any person, firm or corporation who violates, disobeys, neglects, or refuses to comply with or who resist the enforcement of any of the provisions of this Ordinance shall be fined not more than one thousand dollars ($1,000.00) per violation. (N) Location! Zoning. Mobile Food Units will be allowed in GB-General Business and Civic Spaces zoned areas within the requirements mentioned in this ordinance. EXHIBIT "B" Strike-through text is deleted. Underlined is added. Bolding letters is new to facilitate viewing. Zoning Ordinance, Section 10- Use of Land and Buildings, Section 10-200-Schedule of Uses, 78.5- Mobile Food Establishment Zoning AG GB HO Districts 10-206 Food & Beverage 78.5 Mobile Food Estabtishment Units Section 10-300- Definition and explanations applicable to use schedule. (78.5) Mobile Food Establishment Unit: A food establishment unit licensed by the health authority and permitted within the City that is contained within or mounted on a motor vehicle for the purpose of selling food or other edible or potable substances directly from the vehicle to customers who come to the vehicle. (ORD 2020-4329, 9/22/2020) ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, TEXAS, TO AMEND ZONING ORDINANCE 3 SECTION 10-USE OF LAND AND BUILDINGS, 10-300-DEFINITIONS AND EXPLANATIONS APPLICABLE TO USE SCHEDULE, DEFINITIONS 221 RV STORAGE IN RESIDENTIAL AND 222 RV STORAGE IN COMMERCIAL TO ALLOW ONLY ONE (1) RV PER RESIDENTIAL/BUSINESS RESPECTIVELY; REPEALING CONFLICTING ORDINANCES, PROVIDING FOR SEVERANCE, NOTICE, AND PENALTY, AND DECLARING AN EFFECTIVE DATE. Whereas, the City of Aransas Pass code enforcement has had many issues with more than one RV being stored on a residential lot; and Whereas, there has been issues with complying with abandoned RV's; and Whereas, the Planning and Zoning Commission recommended amending the text to specify how many RV's should be placed on a lot and per business; and Whereas, the Planning and Zoning Commission recommend approval of the change on October 14, 2024; and Whereas, the City Council finds that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting as required by the Open Meetings Act, Chapter 551, 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 thereof has been discussed, considered and formally acted upon. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, THAT: 1. Findings. The findings contained in the recitals of this ordinance are declared to be true and correct and are hereby adopted as part of this ordinance for all intents and purposes. 2. Text Amended: Underlined text is added. Zoning Ordinance 3 Section 10-Use of Land and Buildings, 10-300-Definitions and Explanations Applicable to Use Schedule Storage, Processing, and Commercial Uses (221) RV Storage in Residential: Can only be stored behind the front façade of the main house respecting all setbacks per zoning area property is found in. RV can only be connected to electricity for maintenance purposes. RV cannot be connected to water or sewage without obtaining a Conditional Use Permit. Only one (1) RV per residential lot. (222) RV Storage in Commercial: Can only be stored behind the front façade of the main building respecting all setbacks per zoning area property is found in. RV can only be connected to electricity for maintenance purposes. RV cannot be connected to water or sewage without obtaining a Conditional Use Permit. Only one (1) RV per commercial business. 3. Repeal of Conflicting Ordinances. All ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. 4. Severability. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconsttutional, void, or invalid, the validity of the remaining provisions of this Ordinance shall not be affected, and it is the intent of the City Council in adopting this Ordinance that no portion, provision, or regulation herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion, provision or regulation, and all provisions of this Ordinance are declared to be severable for that purpose. 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval by the City Council of the City of Aransas Pass. PASSED, APPROVED, AND EFFECTIVE THE DAY of CITY OF ARANSAS PASS, By: Ramiro Gomez, Mayor ATTEST: Kandice Garrett, City Secretary Approved as to form: Epimenio Ysassi, Interim City Attorney Matrn MINUTES Aransas Pass City Council Regular Meeting Monday, December 16, 2024 at 6:00 pm City Hall = Council Chambers 600 W. Cleveland Blvd., Aransas Pass, Texas 78336 MEnuaI Vhue 1. Call to Order and Certification of a Quorum Mayor Ram Gomez called the Aransas Pass City Council Regular Meeting to order at 6:00 p.m. With Council Members present, a quorum was established. Council Members present: Mayor Pro-Tem Carrie Scruggs, Council Members Jason Knight, J. R. Haskins, Joe Dominguez, and Mayor Gomez. Staff present: Interim City Manager Mary Juarez, City Secretary Kandice Garrett, Finance Director Sandra Garcia, Planning Director Brenda Joyas, Public Works Director David Flores, Assistant Police Chief Aaron Jones, and Fire Chief Michael Neujahr. Also present was Interim City Attorney Epimenio Ysassi. 2. Invocation Interim City Manager Mary Juarez delivered the invocation. 3. Pledges Mayor Gomez led the Pledge of Allegiance to the U.S.A. flag and the Texas flag. 4. Presentations and Proclamations a. Maddox Pump Station = David Flores, Director of Public Works Public Works Director David Flores and Street Maintenance Superintendent Michael Bonner presented this item. Mr. Bonner provided a review of the mechanics and capabilities of a storm water pump station and why we need one; because Aransas Pass does not have natural runoff for water to go into, rather it must be pumped out of the city to avoid flooding. The Maddox Pump Station has the capability to pump water which exceeds the former portable pump that pumped up to 2,500 gallons per minute (can be thought of as four and one-half hours to fill an Olympic size swimming pool), he said. When a hurricane or rain fall comes through and drops a lot of water in a short period of time we need even a higher capacity pump, he further explained. The Maddox Pump Station has the capability to pump over 15,000 gallons per minute (less than one hour to fill up an Olympic size swimming pool). The presentation included discussion regarding the old pump stations (temporary measures), the new pump stations (Maddox and Goodnight), and the future pump stations (East Wheeler and Euclid) in Aransas Pass. Councilmembers and the Mayor thanked Mr. Flores and Mr. Bonner and all the public works team for their dedication and hard work overseeing these pump station projects. Regular City Council Meeting Minutes - December 16, 2024 Page 1 of 6 5. Announcements a. City Manager's Announcements i. Drought Water Conditions Update ii. Workshop Meeting = December 17, 2024 a. HOT Funds b. Proposed Charter Amendments C. Rules of Decorum / Open Meetings Act d. Sale of City Property e. Scheduling for Workshop Meetings Interim City Manager Mary Juarez informed the council of the announcements including preparations being made to enter into Stage 3 water restrictions. Finance Director Sandra Garcia further explained the process and timeline to Council. 6. Citizen Comments Mayor Gomez called on the following citizens who signed up to address Council: Brad Coleman thanked the Police department for their response to vandalism and theft on their property and again spoke about acquiring property for the development of more affordable housing. Jason Followell read a letter aloud regarding Chief Blanchard's resignation. William Gilner spoke in favor of moving forward with repairs to Conn Brown Harbor and especially the pier for the benefit of the community. 1. Staff Reports and other Discussion Items a. Monthly Departmental Reports submitted and provided in the Agenda Packet. Mayor Gomez stated that the monthly reports were in the Agenda Packet. 2. Consent Agenda a. Consideration of approving the December 2, 2024 Regular Meeting Minutes (City Secretary) Mayor Pro Tem Scruggs made a motion to approve Item 2.a., seconded by Council Member Knight and the motion passed with the following vote: Gomez, Scruggs, Knight, Dominguez, and Haskins voted Aye. 3. Public Hearing a. PZ-2024-35 = Rezone from R7A Single Family Residential to RV i. Public Hearing on a request from Mark and Geraldine Marlowe to approve a rezone of part of a property from R7A single family residential to RV located on the rear property of 777 N Avenue A, more particularly described as Triple7 Subdivision Block 1 Lot 1R, Aransas Pass, San Patricio County, Texas. Regular City Council Meeting Minutes - December 16, 2024 Page 2 of 6 ii. Consideration of approving Ordinance No. 2024-4476 to rezone a part of a property from R7A single family residential to RV located on the rear property of 777 N Avenue A, more particularly described as Triple7 Subdivision Block 1 Lot 1R, Aransas Pass, San Patricio County, Texas. Mayor Gomez declared the public hearing open at 6:20 p.m. Planning Director Brenda Joyas presented this item stating the owner has been working with the City on items since 2019. The Planning and Zoning Commission met on December 9, 2024 and recommends approval. Councimember Haskins had some questions regarding the Charter addressing this issue and Ms. Joyas shared the item is subject to Ordinance and not the Charter and the subject matter came into the City prior to the Ordinance being adopted. Councimember Knight invited Michael Dallas to speak on the issue who recommended implementing a concrete buffer fence. Jesse Lamb also spoke to say that the current City's ordinances do not allow for RV Parks on over ten (10) acres of land. Ms. Joyas concluded the reason the plan is allowed at this time is due to the project existing prior to the current Ordinance which was passed in 2022. There was further discussion. Mayor Gomez closed the public hearing at 6:29 p.m. Mayor Pro Tem Scruggs made a motion to approve Item 9.a.i., being there was not a second the motion failed. Council Member Knight made a motion to table Item 9.a.ii., seconded by Mayor Pro Tem Scruggs and the motion passed with the following vote: Gomez, Scruggs, Knight, Dominguez, and Haskins voted Aye. 4. Action Items a. Consideration of approving Ordinance No. 2024-4477 amending Code of Ordinances, Section 28-22 Same-Certain Streets and Highways for a 20-miles-per-nour (MPH) speed limit for the entire Harbor Heights Subdivision. (Interim City Manager) Assistant Police Chief Aaron Jones presented this item and noted that after responding to resident's requests and inquiring of other residents in the area there was a consensus to lower the speed limit. The police department is recommending to Council the speed limit be lowered to twenty (20) miles per hour instead of the thirty (30) miles per hour already in place for the safety of the neighborhood. Mayor Gomez called on the following citizen who signed up to address Council on this item: Dee McCready spoke in favor of lowering the speed limit to fifteen (15) miles per hour after receiving feedback from residents and their Harbor Heights Facebook page where a majority voted for fifteen (15) rather than twenty (20) miles per hour. Public Works Director David Flores spoke in favor of the fifteen (15) miles per hour noting that the twenty (20) miles per hour was safe in his estimate; however, it was during the day that he drove and cannot speak to driving in the evening hours. He stated the residents in the neighborhood would know better where the speed limit needs to be. Regular City Council Meeting Minutes - December 16, 2024 Page 3 of 6 Maylinda Williams also spoke in favor of the speed limit being lowered to ten (10) miles per hour. After hearing comments from the speakers, Assistant Police Chief Aaron Jones stated he would be in support of lowering the speed limit to fifteen (15) miles per hour. Mayor Pro Tem Scruggs made a motion to approve Item 10.a. for a fifteen (15) miles per hour speed limit, seconded by Council Member Knight and the motion passed with the following vote: Gomez, Scruggs, Knight, Dominguez, and Haskins voted Aye. b. Consideration of approving remediation options for the Coastline Resources Response Action Plan for submission to the Texas Commission on Environmental Quality (Tabled 12/2/24). (Interim City Manager) Interim City Manager Mary Juarez reminded Council that the reason the item was tabled was due to direction from Council for Director Flores to do some more research for in house soil excavation and soil recap and come back with totals. Public Works Director David Flores presented this item and confirmed that in house over excavation would be the way to go because the cost for disposal is outrageous, and his research did support Amy Hesseltine with Ardurra's cost projections previously submitted. There was further discussion. Finance Director Sandra Garcia and Environmental Group Leader Amy Hesseltine addressed questions regarding the Government Land Office (GLO) application, finding the funding, and the timeline from Council. Mayor Pro Tem Scruggs made a motion to approve Item 10.b., seconded by Council Member Knight and the motion passed with the following vote: Gomez, Scruggs, Knight, Dominguez, and Haskins voted Aye. C. Consideration of approving emergency repairs to Conn Brown Harbor Fishing Pier and Finger Docks to "Coastal Piers and Docks" in the amount of $82,915.00 utilizing $43,757.52 from HOT Funds and $39,1 157.48 from the Harbor Fund (Tabled 11/18/24). (Interim City Manager) Interim City Manager Mary Juarez informed the council that staff had decided to postpone this item and bring it back to Council in January. Mayor Pro Tem Scruggs asked why the item was being postponed and Assistant Police Chief Aaron Jones explained the decision. After hearing from Council Mr. Jones moved forward with presenting this item and shared their findings of the pier assessment conducted by the department saying they were comfortable with performing the emergency repairs as presented. Mayor Pro Tem Scruggs made a motion to approve Item 10.C., seconded by Council Member Knight and the motion passed with the following vote: Gomez, Scruggs, Knight, Dominguez, and Haskins voted Aye. d. Consideration of approval of Task Order No. 1 with HDR Engineering for engineering services related to development review and infrastructure projects for the period October 18, 2024 through September 30, 2025 in an amount not to exceed $50,000. (Interim City Manager) Planning Director Brenda Joyas presented this item explaining that a contract with HDR had been approved this year back in October for development services and this is the first task order to perform services. Regular City Council Meeting Minutes - December 16, 2024 Page 4 of 6 Council Member Knight made a motion to approve Item 10.d., seconded by Mayor Pro Tem Scruggs and the motion passed with the following vote: Gomez, Scruggs, Knight, Dominguez, and Haskins voted Aye. e. Consideration of approval of Task Order No 2 with HDR Engineering for inspection services for the Aransas Oaks Subdivision Improvements for the period December 16, 2024 through September 30, 2025 in an amount not to exceed $22,000. (Interim City Manager) Planning Director Brenda Joyas presented this item making a correction that this is the second task order to perform services for all subdivision improvements, not just Aransas Oaks, and also already approved this year in October under the HDR contract. Mayor Pro Tem Scruggs made a motion to approve Item 10.e. for all subdivision improvements, seconded by Council Member Knight and the motion passed with the following vote: Gomez, Scruggs, Knight, Dominguez, and Haskins voted Aye. f. Consideration of approval of Ordinance No. 2024-4478 amending the budget for the Fiscal Year 2025. Interim City Manager Mary Juarez stated this item is to realign salaries for employees who are still earning lower salaries than most employees even after the pay study and reappropriating $30,000 that was originally in the budget for the Planning Department for training to supplement part of the salary increase adjustment. Mayor Pro Tem Scruggs made a motion to approve Item 10.f., seconded by Council Member Knight and the motion passed with the following vote: Gomez, Scruggs, Knight, Dominguez, and Haskins voted Aye. 11. Executive Session The meeting was recessed into Executive Session at 6:52 p.m., under the provision of Section 551, Texas Government Code to discuss the authority of: a. Texas Government Code Section 551.071 - To meet with its attorney to seek legal advice on a matter in which the duty of the attorney to the city council under the Texas Disciplinary Rules of Professional Conduct of the state bar of Texas clearly conflicts with the Texas Open Meetings Act, and Section 551.087 Deliberation Regarding Economic Development Negotiations Relating To: i. Commercial Contract with 630 Ransom Island Partners, LLC for unimproved property with an Addendum of Special Provisions for Nueces CAD No. 380310, a 28.61 acres of land on Ransom Island Tr. 7, commonly known as 630 E. Ransom Road, Aransas Pass, Texas. b. Texas Government Code Section 551.074 - To deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or to hear a complaint or charge against an officer or employee. i. City Manager position ii. City Attorney/Prosecutor positions C. Texas Government Code Section 551.072 - To deliberate the purchase, exchange, lease, or value of real property - 2372 CR 1916, Aransas Pass, TX 78336. Regular City Council Meeting Minutes - December 16, 2024 Page 5 of 6 d. Texas Government Code Section 551.071 - To meet with its attorney to seek legal advice on a matter in which the duty of the attorney to the city council under the Texas Disciplinary Rules of Professional Conduct of the state bar of Texas clearly conflicts with the Texas Open Meetings Act, and Section 551.087 Deliberation Regarding Economic Development Negotiations Relating To: i. Conn Brown Harbor Lease - Aransas Pass Seafood Packers Mayor Gomez left the meeting at 7:05 p.m. Councimember Haskins left the meeting at 7:45 p.m. The council reconvened the meeting at 7:55 p.m. 12. Action on Executive Session Items Mayor Pro Tem Scruggs made a motion authorizing the Mayor to execute the final contract documents for the sale of the LWR Properties at 630 Ransom Island Properties, LLC also issuing a credit of $150,000 off the sales price to allow for the screening and wastewater improvements to be performed by 630 Ransom Island Properties, seconded by Council Member Knight and the motion passed with the following vote: Scruggs, Knight, and Dominguez and voted Aye. Mayor Pro Tem Scruggs made a motion to direct the Interim City Attorney to develop a Development Agreement for property at 2372 CR 1916 and 2377 CR 1916, seconded by Council Member Knight and the motion passed with the following vote: Scruggs, Knight, and Dominguez and voted Aye. 13. Adjournment There being no further business to come before the Council, Mayor Gomez adjourned the meeting at 7:55 p.m. Ramiro Gomez Kandice Garrett Mayor City Secretary Approved on: - p A Regular City Council Meeting Minutes - December 16, 2024 Page 6 of 6 Hatcrik CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of January 6, 2025 EMaA Vio Date: December 31, 2024 To: Mayor and Council From: David Flores Jr, Director of Public Works and Development Services dflores@aptx.gov Title: Consider and Act on approving the revised TCEQ Notice of Intent to Operate a Citizen's Collection Station PURPOSE: To allow the Citizen's Collection Station to accept Household waste, brush, yard waste, furniture, commercial waste in small quantities, lumber, tires and recyclable materials BACKGROUND AND FINDINGS: Our current TCEQ permits only allow the city to accept yard waste and furniture. As TCEQ did their inspection, they recommended that we revise our NOI, to accept the other items to stay within compliance. Funding Source: N/A ALTERNATIVES: To Deny CONFORMITY TO CITY POLICY: Texas Commission on Environmental Quality Notice of Intent to Operate a Citizens' Collection Station TCEQ Who Should Use This Form Use this form to notify the Texas Commission on Environmental Quality (TCEQ) of your intent to operate a citizens' collection station. This notification is required by Title 30 Texas Administrative Code (30 TAC) Chapter 330, Section 330.11(e)(1). Submit an original and a copy of this form 90 days prior to commencement of operations to Municipal Solid Waste Permits Section MC 124, TCEQ, P.O. Box 13087, Austin, TX 78711-3087; sénd another copy directly to the TCEQ regional office and any local pollution control agency for your area; look up regional offices at <www.tceg.texas.gov/goto/region), If you have any questions about this form, contact the Municipal Solid Waste Permits Section at (512) 239-2335. Facility Information (must match regulated entity information on Core Data Form) Facility Name: Clty of Aransas Pass Citizen's Collection Station Physical Address: 719 W. Gile City: Aransas Pass State: Texas Zip code: 78336 County: Aransas Facility Owner Information (must match customer information on Core Data Form) Person's Name: City of Aransas Pass Mailing Address: PO Box 2000 City: Aransas Pass State: Texas Zip code: 78335 County: San Patricio Attach a completed Core Data Form for the facility owner. The Core Data Form and instructions are available at www.tceg.texas.govs.goV/goto/coredata. Property Owner Information Is the property owner different from the facility owner? Yes No If yes, include a separate Core Data Form for the property owner with this application. Applicant Contact Information Person's Name: Ramiro Gomez Title: Mayor Company: City of Aransas Pass Mailing Address: PO Box 2000 City: Aransas Pass State: Texas Zip code: 78335 Phone: 361-758-3111 Email: mbonner@aptx.gov TCEQ:20429 (rev. 11-20-2018) Page 1 of 3 General Information Provide the expected start date for receipt of waste at the facility; 1/1/2025 Provide directions to the site from the nearest U.S or state highway: Traveling North on Highway 35 (North Commercial Ave.) towards Rockport, turn left onto Myrtle Avenue. Continue West approximately 2,900 LF and follow road curvature to the North. a Provide as an attachment a legible city or county roadway map with the site shown and labeled. Waste Types Check all waste streams that will be accepted; if wastes in addition to those listed are to be accepted, check "Other" and describe. Household waste Yard waste Recyclable materials Brush Furniture Commercial waste in small quantities (for communities without regular çollections) Other-Describe: Crates, pallets, lumber, tires, furniture, car or trucks parts, appliances, mattress, or other large and bulky debris, metal, Sce Attachment B. Waste Containers Indicate types of containers that will be used at the facility: Reusable containers Nonreusable containers Indicate how containers will be handled: Mechanically handled Manually handled Indicate the number of waste containers on site: 5 Total capacity of all containers on site: 200 Cubic Yards Tons Pounds Facility Operations Indicate the frequency of waste removal (if collecting putrescible waste, containers must be emptied at least once per week in accordance with 30 TAC $330.103(a)): 3 times per week. (M,W,F) Provide the name and TCEQ municipal solid waste (MSW) authorization number for the landfill or transfer station where waste will be taken. Facility Name: Cefe Valenzuela MSW Number: 2269 In accordance with 30 TAC $330.11(a), describe how waste will be received, stored, and removed (attach additional page to this form if more space is needed): Upon arrival at the Collection Station, City Operator greets customer at gate, checks items being brought in, takes a picture of tems/vehicle, scale load for gross weight, direct customer where to drop off the items, scale empty truck and trailer for net weight, collect payment or voucher. If any items being brought in are not acceptable, City Operator will not allow customer to drop off items. Items will be held in 40 yard dumpster until the contracted company Frontier Waste Solutions removes dumpsters and replaces with empty container, TCEQ-20429 (rev. 11-20-2018) Page 2 of 3 Operating Hours Will the facility operate during hours or days outside 7:00 a.m. to 7:00 p.m.; Monday through Friday? Yes No If yes, you must mail notice to adjacent andowners. The notice must include instructions for adjacent andowners to contact the TCEQ Regional Office in writing of any concerns regarding the requested operating hours. Region contact is available on our website at ww.tg.tmasgwviyeng/drecey/ege. Attach to this submittal an adjacent landowners list and a copy of the notice. An example notice template is provided after the last page of this form. Attachment Checklist Indicate the attachment number for each attachment. Core Data Form(s) Attachment A Site Location Map Attachment Facility Operations (attach additional page if needed) Attachment B Adjacent Landowners List (If applicable) Attachment C Copy of Notice (If applicable) Attachment D Applicant's Certification I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are signifiçant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature of Applicant: o ( L Date: 12/20/24 Printed Name: Ramiro Gomez Title: Notary Public's Certification: Mayar Subscribed and Sworn to before me, by the said Bamiro Somez On this of Maupr 20Hh day Decemben 2024 My commission expires on the 17Hh day of JTune a025 Samdiuuslawu Mti Notary Public in and for SaaPahicio County, Texas. Kandice Garrett (Note: Application Must Bear Signature & Seal of Notary Public) NOTARYP IDI 129460074 PUBUC-STATSOFTEWS COMM. EXP.08-17-2025 TCEQ-20429 (rev. 11-20-2018) Page 3 of 3 Athrcment A TCEQ Use Only TCEQ Core Data Form For detailed instructions on completing this form, please read the Core Data Form Instructions or call 512-239-5175. SECTION I: General Information 1. Reason for Submission (fc other is checked please describe In space provided.) New Permit, Registration or Authorization (Core Data Form should be submitted with the program application.) Renewal (Core Data Form should be submitted with the renewal) form) D Other 2. Customer Reference Number (if issued) Followt this link tos search 3. Regulated Entity Reference Number (ifi issued) for CN or RN. numbersin CN 600250690 Central Registry": RN 102290020 SECTION II: Customer Information 4. General Customer Information 5. Effective Date for Customer Information Updates (mm/dd/yyyy) a New Customer R Update to Customer Information Do Change in Regulated Entity Ownership OChange ini Legal Name (Verifiable with the Texas Secretary of State or Texas Comptroller of Public Accounts) The Customer Name submitted here may be updated automatically based on what is current and active with the Texas Secretary of State (SOS) or Texas Comptroller of Public Accounts (CPA). 6. Customer Legal Name (If an individual, print last name first: eg: Doe, John) lfnew Customen enter previous Customer below: City of Aransas Pass 7.1 TX SOS/CPA Filing Number 8. TX State Tax ID (11 digits) 9. Federal Tax ID 10. DUNS Number (if applicable) 17460000502 (9 digits) 74-6000050 11. Type of Customer: D Corporation individual Partnership: D General D Limited Government: 3 City D County a Federal D Local D State a Other a Sole Proprietorship Dother: 12. Number of Employees 13. Independently Owned and Operated? 00-20 021-100 B 101-250 1251-500 05 501 and higher a Ves ONo 14. Customer Role (Proposed or Actual)- as it relates to the Regulated Entity listed ont this form. Please check one oft the following DOwner D Operator B Owner & Operator J Dother: DOccupational Licensee Responsible Party D VCP/BSA Applicant 600 W. Cleveland Blvd 15. Mailing Address: City Aransas Pass State TX ZIP 78336 ZIP+ 4 16. Country Mailing Information (if outside USA) 17. E-Mail Address (ifc applicable) TCEQ-10400 (11/22) Page 1 of 3 18. Telephone Number 19. Extension or Code 20. Fax Number (if applicoble) (361 )758-5301 SECTION III: Regulated Entity Information 21. General Regulated Entity information (f New Regulated Entity" is selected, a new permit application is also required.) a New Regulated Entity D Update to Regulated Entity Name R Update to Regulated Entity Information The Regulated Entity Name submitted may be updated, in order to meet TCEQ Core Data Standards (removal of organizational endings such as Inc, LP, or LLC). 22. Regulated Entity Name (Enter name of the: site where the regulated action is taking place.) City of Aransas Pass 23. Street Address of the Regulated Entity: (No PO Boxes) City Aransas Pass State TX ZIP 78336 ZIP + 4 24. County Aransas County lfn no Street Address is provided, fields 25-28 are required. 25. Description to From HWy 35 (N.Commercial) turn West on Myrtle Ave, continue 2900 LE, follow curve to the North for 10001 LF, Physical Location: 26. Nearest City State Nearest ZIP Code Aransas Pass TX 78336 Lotitude/longitude are required and may be added/updated to meet TCEQ Core Data Standards. (Geocoding of the Physical Address may be used tos supply coordinates where none have been provided or to gain accuracy). 27. Latitude (N) In Decimal: 27.922256 28. Longitude (W) In Decimal: 97,143744 Degrees Minutes Seconds Degrees Minutes Seconds 27 55 20.12 97 08 37.48 29. Primary SIC Code 30. Secondary SIC Code 31. Primary NAICS Code 32. Secondary NAICS Code (4d digits) (40 digits) (Sc or 6 digits) (Sor 6 digits) 4953 562111 33. What is the Primary Business of this entity? (Do not repeat the SIC or NAICS description.) Collection Station for City Residents 600 W. Cleveland Blvd 34. Mailing Address: City Aransas Pass State TX ZIP 78336 ZIP 35. E-Mail Address: 36. Telephone Number 37. Extension or Code 38. Fax Number lifo applicable) (361)758-5301 3152 ( ) TCEQ-10400 (11/22) Page 2 of 3 39. TCEQ Programs and ID Numbers Check all Programs and write int the permits/registration numbers that will be affected by the updates submitted on this form. See the Core Data Form instructions for additional guidance. D Dam Safety ODistricts DE Edwards Aqulfer DEmissions Inventory Air Dindustriall Hazardous Waste D New Source D Municipal Solid' Waste a OSSF D Petroleum Storage Tank D PWS Review Air Ds Sludge as Storm Water OTitle VAir DTires D Used Oil D Voluntary Cleanup Wastewater D Wastewater, Agriculture a Water Rights Do Other: SECTION IV: Preparer Information 40. Name: Michael Bonner 41, Title: Street Maintenance. Superintendent 42. Telephone Number 43. Ext./Code 44. Fax Number 45. E-Mail Address (361)758-3111 3155 ( mbonner@aptx.goy SECTION V: Authorized Signature 46. By mys signature below, certify, to the best of my knowledge, that the information provided in this form is true and complete, and that have: signature authority tos submit this form on behalf of the entitys specified in Section 1, Field 6 and/or as required for the updates to the ID numbers identified in field 39. Company: City of Aransas Pass Job Title: Mayor Name (In Print): Phone: (361) 1758-5301 Ramirg fomez Signature: Date: om - b7n 1a/20/24 TCEQ-10400 (11/22) Page 3 of 3 Attacment B TCEQ MSW No. (if known): 120132 Texas Commission on Environmental Quality Municipal Solid Waste Notice of Intent to Operate a Citizens' TCEQ Collection Station Instructions: Please fill out all sections. Use additional paper if necessary. Ifsomething is not applicable, please mark NA and explain why it is not applicable unless otherwise noted. All forms (initial notification, TCEQ Core Data Forms, and revisions) must be submitted at least in duplicate, with one copy going directly to the TCEQ Region Office for your çounty. Applicant Information Applicant Name: City of Aransas Pass Customer Reference Number - ifknown (9 digits): CN 600250690 Ifyou do not have a Customer Reference. Number, complete the customer information section ofthe Core Data Form TCEQ-10400 and submit that form with this application. Facility Information Facility Name: City of Aransas Pass Landfill Regulated Entity Reference Number - if known (9 digits): RN. 102290020 Ifthe facility does not have a Regulated Entity Reference Number, complete the regulated entity information section of the Core Data Form TCEQ-10400 and submit that form with this application. Property Owner Information Name: City of Aransas Pass Customer Reference Number - if known (9 digits): CN 600250690 Ifthe property owner does not have a Customer Reference Number, complete the customer information section ofthe Core Data Form TCEQ-10400 and submit that form with this application. Ifyou are not the property owner, please provide a Core Data Formy filled out by the property owner ofrecord. Operator Contact Information Name: David Flores Jr. Title: Director of Public Works & Development Services Address: 601 North Avenue A City, State, Zip Code: Aransas Pass. Texas 78336 Phone Number: (361) 758-3111 TCEQ-20429, Notice of Intent to Operate a Citizens' Collection Station (Rev. 02/20/13) Page 1 of6 6 General Information Expected Start Date: 01/01/2025 Operator on Site? CX YES NO Minimum Waste Removal Frequency from Facility (ifc collecting putrescibles, must be at least once per wéek) 3 times per week (M,W,F) Name of Landfill at which Waste will be Disposed, and TCEQ Permit Number Landfill Name: Cefe Valenzuela Permit Number: MSW/2269 TCEQ Core Data Form Please provide a TCEQ Core Data Form(s) with facility and customer information as an attachment to this application. Site Location Within a 100-year floodplain? YES X NO Within a Wetland? - YES X NO Within Critical Habitat of Endangered or Threatened Species? YES X NO Site will manage run-on and runoff of peak discharge oft the 25 year rainfall evént? X YES NO 1. Provide a description ofl how to get to the site: from an intersection of major interstate or state roadways: Traveling North on Highway 35 (North Commercial Ave.) towards Rockport, turn left onto Myrtle Avenue. Continue West approximately 2.900 LF and follow road curvature to the _North. Continue Norhapproximately, 1,000 LE to site. 2. Provide an attachment with the information in the following list: a. A legible city or county roadway map with the site shown and labeled. b. A list of adjacent property owners and their mailing addresses. Type ofWastes Accepted List the types of wastes that may be accéptéd: Crates, pallets. lumber (not C&D). tires (Limit of 500 tires. city is contracted with Liberty Tire in San Antonio, TX on a ON-Call bases), furniture, car or trucks parts, plastics, glass, metal, aplances(compressor removed), mattress, or other large and bulky debris(such as Items that will be temporary stored on site by the Aransas Pass Police Department, after 30 days the items will be demolished and hauled off). TCEQ-20429, Notice of Intent to Operate a Citizens' Collection Station (Rev. 02/20/13) Page 2 of 6 Types of Wastes Prohibited List the types of wastes that are prohibited: Tire (over 1,000), Batteries, Paint products, medical debris, pesticides, fertilizers, automotive products, arts and crafts solvents, kitchen garbage (putrescible waste). Screening Procedures for Excluding Prohibited Waste Please describe screening procedures for excluding prohibited waste: Upon arrival at the Collection Station, City Operator greets customer at gate, checks items being brought in, takes a picture of items/vehicle, scale load for gross weight, direct customer where to drop off the items, scale empty truck and trailer for net weight, collect payment or voucher. If any items being brought in are not acceptable, City Operator will not allow customer to drop off items. Items will be held in 40 yard dumpster until the contracted company Frontier Waste Solutions removes dumpsters and replaces with empty container. Operation Process Please briefly describe the operation process: Residents must obtain voucher from City Hall Offices prior to going to the collection station. Residents must present valid license and current City of Aransas Pass utility bill to receive voucher. Residents receive one free voucher per month. Commercial Businesses are not allowed. Residents then present voucher to operator at station gate. Operator verifies authenticity of voucher, writes down vehicle license plate # and takes a picture of vehicle with load. Operator checks items being dropped off before directing residents to deposit items into roll-offs. Once roll-offs are full, the site is closed down until the roll-offsare replaced with empty ones. Collection Station is open on Tuesdays, Thursdays and Saturdays. Roll-offs are replaced with empty ones on. Mondays, Wednesdays, and Fridays. TCEQ-20429, Notice of Intent to Operate a Citizens' Collection Station (Rev. 02/20/13) Page 3 of 6 Containers Containers closed or covered? YES X NO Leakproof, durable, and designed for safe handling and easy cleaning? X YES NO Nonreusable containers? YES X NO Ifyes to nonreusable containers, are theyof sufficient strength to minimize animal scavenging or rupturing? YES NO Reusable containers? XI YES NO Reusable containers clean? X YES NO Reusable containers create a nuisance? YES X NO Additional Requirements 1. The owner or operator is required to post rules governing the use of the facility, The rules must include who may use the facility, what may or may not be accepted, etc. 2. The owner or operator must post operating hours on the sign. 3. Sharps may) be collected if they are only from single family, or multi-family dwellings, hotels, motels, or other establishments and if they are not considered medical waste as defined in $330.3 4: Manually emptied reusable containers must be capable ofl being serviced without the collector coming into contact with the waste. 5. Mechanically handled containers must be designed to prevent spills or leaks during storage, handling or transport. 6, The facility must be maintained in a sanitary condition. 7. Please provide a drawing (see attached example) of the layout of the collection station (i.e. where bins are located, êtc). Closure Plan In accordance with 30 TAC $330.21, owner or operator must perform closure activities as soon as the facility ceases to accept waste. The owner or operator will initiate closure activities as specified by 30 TAC Chapter 330, Subchapter K. The owner or operator will perform the following: 1. The executive director shall be notified 90 days prior to closure ofthe facility. 2. The owner or operator will remove all waste, waste residues, and any recovered materials. Facility units shall either be dismantled and removed off-site or decontaminated. 3. The owner or operator will evacuate all material on-site (feedstock, in process, and processed) to an authorized facility and disinfect all tipping areas, processing areas, and post-processing areas. 4. Ifthere is évidence of a release from a municipal solid waste unit, the executive director may require an invéstigation into the nature and extent of the release and an assessment of measures necessary to correct an impact to groundwater. TCEQ-20429, Notice of Intent to Operate a Citizens' Collection Station (Rev. 02/20/13) Page 4 of 6 Detail any additional information to ensure, compliance with closure requirements for the facility: The sole purpose for this renewal is to update the types of waste accepted at the collection station. It is also to update the contact information, Fernando Quintanilla is no longer with the city of Aransas Pass, TX. List ofIncluded Attachments Updated/Revised Core Data Form TCEQ-10400 X YES NO Legible county roadway map with site shown and labeled X YES NO Property lease or ownership information X YES NO Adjacent property owners list with mailing addresses X YES NO Other Authorizations Please note, the owner or operator of this facility must acquire all applicable air and wastewater authorizations. Compliance Advisory Failure to comply with the requirements of30 TAC Chapter 330 or any other applicable regulations, statutes, or ordinances may result, ifthe executive director sO directs, in the owner or operator having to cease waste operations. The executive director may direct the owner or operator to apply for a permit or registrationfor the continued operation as a municipal solid waste facility under the provisions of30 TAC Chapter, 330. Property Owner's Affidavit (30 TAC $330.11(a)) The owner oft the property must sign the following statement: 1, Iacknowledge that the State of Texas may hold the property owner of record either, jointly or severally responsible for the operation, maintenance, and closure or post-closure care oft the facility. 2. Iacknowledge that the facility owner or operator and the State ofTexas shall have access to the property during the active life and post-closure care period, ifi required, after closure for the purpose ofinspection and maintenance. can zn a/20/24 Signature ofOwner Date TCEQ-20429, Notice of Intent to Operate a Citizens' Collection Station (Rev. 02/20/13) Page 5 of6 6 Applicant's Statement The applicant (owner or operator) must sign the following statement: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry ofthe person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.' 1 [30 TAC $305.44(b)] 2 4 12/20120 24 Signature of Applicant Date Ramtro Gemez Printed. Name Meyor Title Submitting an Application This form is required by 30 Texas Administrative Code $330.11(a) and $330.11(e)(1), and must be submitted prior to start up for citizens' collection stations. Owners/operators are required to meet the provisions set forth in 30 TAC Chapter 330 Subchapter C, Subchapter E, 30 TAC $330.303, $330.459, $330.461, $330.547, $330.551, $330.553, and the reporting requirements of $330.675. Subsequent forms shall be submitted to update or change any information within 90 days of the effective date of the change. Ifyou have any questions, please contact the TCEQ Municipal Solid Waste Permits Section at (512) 239- 2334. Please submit this completed form and one or more Core Data Form(s) (form TCEQ-10400) to: Municipal Solid Waste Permits Section MC124 Texas Commission on Environmental Quality P.O. Box 13087 Austin, Texas 78711-3087 TCEQ-20429, Notice of Intent to Operate a Citizens' Collection Station (Rev. 02/20/13) Page 6 of 6 AHachment C Landfill adjacent landowner information /1. Jerry Kelly a, Property ID: 70399 b. Legal Acreage: 9.96 C. GEO ID: 0848-212-010-000 d. Legal Description: Burton & Danforth, BLOCK 212, Lot 10 - & PT OF 11, ACRES 9.958 e. Tract or Lot: 10 f. Abstract Subdivision Code: $0848 &. Block: 212 h. Neighborhood Code: B&D SOUTH i. School District: SAP j. City Limits: CAP V2. Alexander Pikas a. Property ID: 14122 b. Legal Acreage: 10.00 C. GEO ID: 0848-212-004-000 d. Legal Description: $0848 Burton & Danforth BLK 212 LOT 4 & 5 10.0 Acres e. Tract or Lot: 4 & 5 f. Abstract Subdivision Code: $0848 B. Block: 212 h. Neighborhood Code: B&D SOUTH i. School District: SAP j. City Limits: CAP /3. CashCharles LLC a. Property ID: 13054 b. Legal Acreage: C. GEO ID: 0149-768-016-000 d. Legal Description: ARANSAS PASS, BLOCK 768, LOT 16 e. Tract or Lot: 16 f. Abstract Subdivision Code: $0149 g. Block: 768 h. Neighborhood Code: AP CITY i. School District: SAP - . City Limits: CAP /4. Mary Sharlene North a. Property ID: 13045 b. Legal Acreage: C. GEO ID: 0149-768-001-000 d. Legal Description: ARANSAS PASS, BLOCK 768, LOT 1-2-3 e. Tract or Lot: 1-2-3 f. Abstract Subdivision Code: S0149 g. Block: 768 h. Neighborhood Code: AP CITY i. School District: SAP j. City Limits: CAP Multiple Owners a. Property ID: 8809872 b. Legal Acreage: C. GEO ID: 0149-767-016-000 d. Legal Description: Aransas Pass BLK 767 LOT 16 e. Tract or Lot: 16 f. Abstract Subdivision Code: S0149 g. Block: 767 h. Neighborhood Code: AP CITY i, School District: SAP . City Limits: CAP 6. Sayulita LLP a. Property ID: 13029 b. Legal Acreage: C. GEO ID: 0149-767-001-000 d. Legal Description: ARANSAS PASS, BLOCK 767, LOT 1 e. Tract or Lot: 1 f, Abstract Subdivision Code: S0149 B. Block: 767 h. Neighborhood Code: AP CITY 1 School District: SAP . City Limits: CAP Cynthia H Hamilton a. Property ID: 13028 b. Legal Acreage: C. GEO ID: 0149-766-016-000 d. Legal Description: ARANSAS PASS, BLOCK 766, LOT 16 e. Tract or Lot: 16 f, Abstract Subdivision Code; $0149 g. Block: 766 h. Neighborhood Code: AP CITY i. School District: SAP j. City Limits: CAP 8. Wilson Family Trust a. Property ID: 13015 b. Legal Acreage: C. GEO ID: 0149-766-001-000 d. Legal Description: ARANSAS PASS, BLOCK 766, LOT 1 e. Tract or Lot: 1 f. Abstract Subdivision Code: $0149 g. Block: 766 h. Neighborhood Code: AP CITY i. School District: SAP j. City Limits: CAP /9. Samuel C Moss a. Property ID: 13013 b. Legal Acreage: C. GEO ID: 0149-765-016-001 d. Legal Description: ARANSAS PASS; BLOCK 765, LOT 16 e. Tract or Lot: 16 f. Abstract Subdivision Code: $0149 g. Block: 765 h. Neighborhood Code: AP CITY i. School District: SAP j. City Limits: CAP Attachment D Aulatay Fl - CITY OF ARANSAS PASS Mickey Bonner, Street Maintenance Superintendent December 18, 2024 ana Fae Dear Property Owner, This letter is to inform you that the CITY OF ARANSAS PASS will be operating a Citizens Collection Station at the property located at the END OF DUMP ROAD OFF W. MYRTLE AVE. The facility's operating hours will be TUESDAY, THURSDAV SATURDAY. 8:30 AM TO 4:30 PM. Ifyou have any concerns regarding the operating hours, please contact the Texas Commission on Environmental Quality (TCEQ) Region 14 office at 500 NORTH SHORELINE BLVD. Ste 500, CORPUS CHRISTI, TX or call 361-881-6900. For any questions, please contact the CITY OF ARANSAS PASS at 361-758-3111 Thank you, Name: Mickey Bonner Title: Street Maintenance Superintendent Company: City of Aransas Pass Haba E CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of January 6, 2025 CAAN Phue Date: January 3, 2025 To: Mayor and Council From: Mary Juarez, Interim City Manager Title: Guidelines for Hotel/Motel Tax Funds PURPOSE: Consideration of a Resolution adopting and establishing guidelines for the expenditure of Hotel/Motel Tax (HOT) Funds. BACKGROUND AND FINDINGS: This resolution would establish a formal application process for requesting hotel/motel tax revenue funds and establish guidelines in accordance with Chapter 351 of the Tax Code, set a deadline for requesting HOT funds, a review and consideration process for awarding funds, and requires that a post event report is filed. The hotel occupancy tax revenue falls under a structured statutory mandate governed by Chapter 351 of the Tax Code, which requires that every do two things: 1) directly promote tourism, and 2) directly promote the convention and hotel industry. The process outlined in this Resolution is for groups or businesses requesting funds for an event or a project only. The funds allocated to the Aransas Pass Chamber of Commerce & Visitor Center are through a separate process outlined in the City's Code of Ordinances, Chapter 27 which states that the amount allocated is determined in the annual budget process through a separate publicity and tourism agreement between the City and Chamber of Commerce & Visitor Center. The process ensures transparency and accountability while offering businesses the opportunity to enhance local tourism and growth through the use of HOT funds. ATTACHMENT: Resolution RESOLUTION NO. 2025-1070 A RESOLUTION OF THE CITY OF ARANSAS PASS, TEXAS ADOPTING AND ESTABLISHING GUIDELINES FOR THE EXPENDITURE OF HOTEL/MOTEL TAX FUNDS WHEREAS, the City of Aransas Pass, Texas ("City") is a Home-Rule municipality incorporated and operating under the laws of the State of Texas and has been granted authority to establish procedures related to its Hotel/Motel Tax revenue funds ("HOT Funds") to local recipients to enhance and encourage tourism in the City of Aransas Pass per the Texas Tax Code, Chapter 351; and WHEREAS, the expenditure must directly enhance and promote tourism and the convention and hotel/motel industry and must clearly fit into of the nine (9) statutory categories for the expenditure of local Hotel/Motel tax revenues; and WHEREAS, the City will accept applications from groups and businesses whose request fits into one of the nine categories. All requests for funds should be submitted in writing accompanied by the official application; and WHEREAS, to assure compliance with Texas Statutes and to fairly distribute Hotel/Motel Fund revenues for approved activities, guidelines have been developed to assist the city council to make the final decision on each request for funds; and WHEREAS, pursuant to City Code of Ordinances, Chapter 27, Article II, Section 27-21.5, the amount allocated to the Aransas Pass Chamber of Commerce shall be determined in the sole discretion of the city council in its annual budget process through a separate Publicity & Tourism agreement between the City and the Aransas Pass Chamber of Commerce and Visitor Center. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, TEXAS: Section 1. The City of Aransas Pass will accept applications from groups and businesses whose programs fit into one or more of the categories approved by Chapter 351 of the Tax Code. Section 2. The City of Aransas Pass adopts the Hotel/Occupancy Tax Use Guidelines and Funding Application which is included as Attachment A and incorporated herein for all purposes. Section 3. The Aransas Pass City Council hereby finds, determines, and hereby declares that the meeting at which this Resolution is adopted was open to the public, that the public notice of time, place, and the subject matter of the public business to be considered was posted as required by law, including this Resolution. Section 4. This Resolution shall become effective immediately upon passage. PASSED, APPROVED, AND EFFECTIVE THE 4th DAY of NOVEMBER, 2024. Resolution No. 2025-1070 Page 1 of 2 CITY OF ARANSAS PASS, TEXAS By: Ramiro Gomez, Mayor S ATTEST: Kandice Garrett, City Secretary Approved as to form: Epimenio Ysassi, Interim City Attorney Resolution No. 2025-1070 Page 2 of 2 ORDINANCE NO. 2025-4479 AN ORDINANCE OF THE CITY OF ARANSAS PASS, TEXAS, AMENDING CITY CODE OF ORDINANCES, CHAPTER 27 - TAXATION AND LICENSES, ARTICLE II = HOTEL OCCUPANCY TAX, SECTION 27-21(d) LEVY OF TAX RATE; EXCEPTION; USE OF PROCEEDS, PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Aransas Pass, Texas (City) is a home-rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code. WHEREAS, pursuant to Texas Local Government Code 51.001, the City has general authority to adopt an ordinance or policy regulation that is for the good of government, peace and order of the City and is necessary or proper for carrying out a power granted by law to the City; and WHEREAS the City Council finds that amending this Ordinance is for the good government, peace and order of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, TEXAS: SECTION 1. Chapter 27 - Taxation and Licenses, Article II = Hotel Occupancy Tax, Section 27-21(d), Levy of Tax Rate; Exception; Use of Proceeds shall be amended as follows: Sec. 27-21. Levy of tax; rate; exception; use of proceeds. (a) There is hereby levied a tax upon the occupant of any room or space furnished by any hotel where such cost of occupancy is at the rate of two dollars ($2.00) or more per day, such tax to be equal to seven (7) per cent of the consideration paid by the occupant of such room, space or facility to such hotel, exclusive of other occupancy taxes imposed by other governmental agencies. (b) No tax shall be imposed hereunder upon a permanent resident. (c) No tax shall be imposed hereunder upon an occupant of any room or space rented from a corporation or association organized and operated exclusively for religious, charitable or educational purposes, no part of the net earnings of which insures to the benefit of any private share holder or individual. (d) All revenue derived from the occupancy tax imposed in subsection (a) hereof will OAly-be-wsed-orthe-telewing: be used in accordance with the Texas Tax Code, Chapter 351. (1) The-aequisHien-el sites for the GBASINsNOA-mpoVeemet-enlaiging: equipping, repairing, operation and maintenance of convention center facilities, inchuding.bu-ReHliedHO,CM-Genle-cvenionbbuding-aHdOANmS,Cliseums and-parking-areas-e3S-BF-acilie-e-Re-pPa-ing-eFSiesierage-eHmG8r-Vehieles-er-ethe: enveyeneesibestedae-nRe-mmedaNeventyefseeniensenierisellies- (2) The-fuFPishing-eHaeieS-perSeAAe-aRG-mateHal-er4he-registration-ot enventeP.delegate9at8-FegSHaRE. Ordinance No. 2025-4479 Page 1 of 2 (3) General-promoteFS-ng-ARG-PSEaGHeRS-ng-eHtneF-the-Giy-and-S Ginity, aA6-GORGHGHRHOPaR8-eperatPgPre9g-aP0-A#F28EcOBPVBPORS-aR8 MBors-HherbythediyerhveugncSPRRGE-AAPeRSORSFOF9BAEANS:izations-seleciedby the-city SECTION 2. Repeal Conflicting Ordinances. All ordinances, orders or resolutions theretofore passed and adopted by the City Council of the City of Aransas Pass, Texas are hereby repealed to the extent that said ordinances, orders or resolutions or parts thereof, are in conflict herewith. SECTION 3. Savings Clause. This ordinance, as amended, will remain in full force and effect, and save and except as amended by this ordinance. SECTION 4. Severability Clause. Should any part, sentence or phrase of this ordinance be determined to be unlawful, void, or enforceable, the validity of the remaining portions of this ordinance shall not be adversely affected. No portion of this ordinance shall fail or become inoperative by reason of the invalidity of any other part. All provisions of this ordinance are declared to be severable. SECTION 5. Effective Date. This ordinance shall be in full force and effect from and after its passage. PASSED, APPROVED, AND EFFECTIVE THE 6th DAY of JANUARY 2025. CITY OF ARANSAS PASS, By: Ramiro Gomez, Mayor ATTEST: Kandice Garrett, City Secretary Approved as to form: Epimenio Ysassi, Interim City Attorney Ordinance No. 2025-4479 Page 2 of 2 Haba E CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of January 6, 2025 CAAN Phue Date: January 3, 2025 To: Mayor and Council From: Mary Juarez, Interim City Manager Title: City Code Amendment - Chapter 27, Article II - Hotel Occupancy Tax PURPOSE: Consideration of an Ordinance amending the City Code of Ordinances, Chapter 27 - Taxation and Licenses, Article II - Hotel Occupancy Tax, Section 27-21(d) Levy of Tax Rate; Exception; Use of Proceeds; providing a savings and severability clause; and providing an effective date. BACKGROUND AND FINDINGS: The Texas Tax Code, Chapter 351 regulates the use of local hotel occupancy tax (HOT) and how these monies can be spent. The purpose of the local HOT revenue is to promote tourism and the convention and hotel industries. The purpose of this amendment is to amend Section 27-21(d) of the City Code, SO that we comply with the requirements of the Texas Tax Code as it relates to the expenditure of HOT funds. ATTACHMENT: Ordinance Hatcrik CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of January 6, 2025 AC Phue Date: December 31, 2024 To: Mayor and Council From: Kandice Garrett, City Secretary Title: Consideration of approving to reschedule the January 20, 2025 City Council Meeting due to a City Holiday to January 21, 2025. (Martin Luther King, Jr.). PURPOSE: January 20, 2025 is a City Holiday. RECOMMENDATION: Staff recommends either re-scheduling the city council meeting. CONFORMITY TO CITY POLICY: This conforms to the general city policy. CITY OF ARANSAS PASS - PAID HOLIDAYS January 1 - New Year's Day January 20 - Martin Luther King, Jr. April 18 - Good Friday May 26 - Memorial Day July 4 - Independence Day September 1 - Labor Day November 27 - Thanksgiving Day November 28 - Thanksgiving Friday December 24 - Christmas Eve December 25 - Christmas Day hb ataris CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of January 6, 2025 A Fhme Date: January 3, 2025 To: Mayor and City Council From: Sandra Garcia, Director of Finance sgarcia @ aptx.gov Title: Water Rate Increase PURPOSE: Consider and Act on approving the ordinance providing for an automatic increase in Water rates pursuant to Section 29-27(c) and Section 29-28 (a), (b), and (c) of the City Code of Ordinances as a result of an increase in rates by the City's Water Vendor(s); and, providing for an effective date. BACKGROUND AND FINDINGS: The San Patricio Municipal Water District has informed the City that for 2025 rate for municipal customers will be $3.80, an increase of $0.28 (the current rate is $3.52) and will take effect on January 1, 2025. Should the City absorb the rate increase, it would result in a decrease in the Water and Sewer Fund. Historically, this rate increase has been passed on to its customers, as a "pass through" increase. ALTERNATIVES: Not approve and experience a loss in revenues and inability to maintain the infrastructure. CONFORMITY TO CITY POLICY: City policy required that all ordinance modifications and water rate changes be approved by the City Council. EMERGENCYINON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: City Manager, Finance Department FINANCIAL IMPACT: Il Operating [X] Revenue [l Capital Il Not applicable Project to Date Fiscal Year: Expenditures 2024-2025 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This Item Balance Fund(s): COMMENTS: Staff Recommendations: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE NO. 2025-4480 AN ORDINANCE AMENDING THE CITY CODE OF ORDINANCES CHAPTER 27, ARTICLE II WATER AND SEWER SERVICE, SECTIONS 29-27(C), 29- 28(A)(B) AND (C); SAID AMENDED SECTIONS TO PROVIDE FOR AN AUTOMATIC INCREASE IN WATER IN ACCORDANCE WITH THE CITY'S WATER PROVIDER RATE INCREASE; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, TEXAS: SECTION 1. In compliance with the City of Aransas Pass' water provider rate increase, the rates set forth in Chapter 29 Utilities, Article II Water and Sewer Service, Section 29-27(c) Water Service Connection Permit and Fee of the City Code of Ordinances is hereby amended to increase the following rates: (c) Option for irrigation metering. A customer may, at its option, have a water only irrigation meter installed, separate and apart from the customer's master water meter, if any, to measure water. A backflow preventer is required for irrigation meters. Residential Current Rates Proposed Rates Thereafter 1 to 5,000 $5.33 $5.64 5001 to 10,000 6.40 6.77 Over 10,000 7.10 7.51 Senior Residential Thereafter 1 to 5,000 $5.33 $5.64 5001 to 10,000 6.40 6.77 Over 10,000 7.10 7.51 SECTION 2. In compliance with the City of Aransas Pass' water provider rate increase, the rates set forth in Chapter 29 Utilities, Article II Water and Sewer Service, Section 29-28(a)(b) and (c) Water Rates of the City Code of Ordinances is hereby amended to increase the following rates: (a) Senior Residential: Inside City Limits Minimum Thereafter Current Rate Proposed Rate 1 to 5,000 $5.33 $5.64 5001 to 10,000 6.40 6.77 Over 10,000 7.10 7.51 (b) Residential: Inside City Limits Minimum Thereafter Current Rate Proposed Rate 11 to5,000 $5.33 $5.64 5001 to 10,000 6.40 6.77 Over 10,000 7.10 7.51 Ordinance No. 2025-4480 Page 1 of 3 Outside City Limits Minimum Thereafter Current Rate Proposed Rate 1 to 5,000 $6.20 $6.56 5001 to 10,000 7.50 7.94 Over 10,000 8.29 8.77 (c) Commercial (including mobile home parks and apartments): Inside City Limits Minimum Thereafter Current Rate Proposed Rate 1 to 5,000 $5.33 $5.64 5,001 to 10,000 6.40 6.77 Over 10,000 7.10 7.51 Outside City Limits Minimum Thereafter Current Rate Proposed Rate 11 to 5,000 $6.20 $6.56 5,001 to 10,000 7.50 7.94 Over 10,000 8.29 8.77 SECTION 3. Savings Clause. This Ordinance shall be cumulative of all other ordinances of the City and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this Ordinance. Provided, however, that the repeal of such ordinances or part of such ordinances, and the amendments and changes made by this Ordinance, shall not affect any right, property, or claim which was or is vested in the City, or any act done, or right accruing or accrued, or established, or any suit, action or proceeding had or commenced before the time when this Ordinance shall take effect; nor shall said repeals, amendments or changes affect any offense committed, or any penalty or forfeiture incurred, or any suit or prosecution pending at the time when this Ordinance shall take effect under any of the ordinances or sections thereof or repealed, amended or changed; and to that extent and for that purpose the provisions of each ordinances or parts of such ordinances shall be deemed to remain and continue in full force and effect. SECTION 4. Severability Clause. That should any part, sentence, or phrase of this Ordinance is determined to be unlawful, void, or unenforceable, the validity of the remaining portions of this Ordinance shall not be adversely affected. No portion of this Ordinance shall fail or become inoperative by reason of the invalidity of any other part. All provisions of this Ordinance are declared to be severable. SECTION 5. Effective Date. This Ordinance shall take effect January 1, 2025. PASSED, APPROVED, AND EFFECTIVE THE 6th DAY of JANUARY 2025. Ordinance No. 2025-4480 Page 2 of 3 CITY OF ARANSAS PASS, By: Ramiro Gomez, Mayor ATTEST: Kandice Garrett, City Secretary Approved as to form: Epimenio Ysassi, Interim City Attorney Ordinance No. 2025-4480 Page 3 of 3