HomeMy WebLinkAboutMinutes City Council - 04/29/2025I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of
the Regular Meeting of the Corpus Christi City Council of April 29, 2025 which
were approved by the City Council on May 6, 2025.
WITNESSETH MY HAND AND SEAL, on this the 6th day of May 2025.
(SEAL)
Rebecca Huerta
City Secretary
Corpus Christi, Texas
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3105
rebeccah@cctexas.com
SCANNED
City of Corpus Christi
Meeting Minutes
City Council
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Tuesday, April 29, 2025
11:30 AM Council Chambers
Addendums may be added on Friday.
A. Mayor Paulette Guajardo to call the meeting to order.
Mayor Guajardo called the meeting to order at 11:38 a.m.
B. Invocation to be given by Pastor Rob Bailey with Southside Community Church.
Pastor Rob Bailey with Southside Community Church gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Elizabeth Franco, 12th grader from Harold T. Branch Academy.
Elizabeth Franco, 12th grader from Harold T. Branch Academy, led the Pledge of
Allegiance to the Flag of the United States of America and to the Texas Flag.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and verified that a quorum of the City
Council and the required Charter Officers were present to conduct the meeting.
Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City
Secretary Rebecca Huerta
Present: 9 - Council Member Roland Barrera,Council Member Carolyn Vaughn,Council Member Gil
Hernandez,Council Member Sylvia Campos,Mayor Paulette Guajardo,Council Member
Eric Cantu,Council Member Mark Scott,Council Member Kaylynn Paxson, and Council
Member Everett Roy
E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 -2)
1. 25-0588 Introduction of Brook Kaufman, CEO, Visit Corpus Christi
City Manager Peter Zanoni introduced the new CEO of Visit Corpus Christi Brook
Kaufman.
2. 25-0526 Recognition of Appointment - Fire Chief Brandon Wade, Texas Commission on
Fire Protection
City Manager Peter Zanoni recognized the appointment of Fire Chief Brandon Wade to
the Texas Commission on Fire Protection.
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F. PUBLIC COMMENT
Mayor Guajardo opened public comment.
Stephen Klepper, Corpus Christi, TX, spoke in support of Item 22.
Susie Saldana, Corpus Christi, TX, spoke in opposition about elected officials filing
lawsuits against the City and in support of desalination.
Dr. Kristina Nelson, Corpus Christi, TX, briefed Council on a matter on behalf of the
Children's Advocacy Center of the Coastal Bend.
Jason Hale, Corpus Christi, TX, presented information about desalination and far field
modeling studies.
Adam Rios, Corpus Christi, TX, advocated for the West Guth Park skate games on May
4th.
Isabel Araiza, Corpus Christi, TX, spoke about funding for the Crime Prevention Board.
Maggie Peacock, spoke against desalination in Corpus Christi Bay.
The following individuals submitted a written public comment which is attached to the
minutes: Heath Armstrong, Austin, TX, and Emilio Lopez Pacetti, The Woodlands, TX.
G. BOARD & COMMITTEE APPOINTMENTS: (NONE)
H. EXPLANATION OF COUNCIL ACTION:
I. BRIEFINGS: (ITEM 3)
3. 25-0581 General Fund Budget Financial Forecast for the fiscal year 2026 that begins on
October 1, 2025
Mayor Guajardo referred to Item 3.
Director of Management and Budget Amy Cowley presented information on the following
topics: general fund budget overview; overview of budget development process; city fund
types -where do the funds come from; city fund types -how are the funds utilized; focus for
today -general fund; FY 2025 general fund budget: $343.8 million; revenues; property tax;
property valuation timeline; property tax: existing vs. new; property tax assumptions FY
2026; property tax revenue (general fund); property tax rate; payment in lieu of tax
(PILOT) assumptions; sales tax received by year; expenses; cost assumptions; reserves;
change in general fund reserves (fund balance); forecast; general fund forecast for FY
2026-revenues; general fund forecast for FY 2026-expenses; general fund forecast for FY
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2026; looking forward; planning for a balanced budget; state legislation; federal policy;
and FY 2026 budget roadmap.
Council Members, City Manager Peter Zanoni, and Director Cowley discussed the
following topics: a concern why debt service was not included in this presentation; and all
departments are working diligently to identify efficiencies and savings opportunities.
J. CONSENT AGENDA: (ITEMS 4 - 25)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Items 11, 17, 19 and 25 were pulled for
individual consideration.
Council Member Paxson moved to approve the consent agenda with the exception of
Items 11, 17, 19 and 25, seconded by Council Member Scott. The motion carried by the
following vote:
Aye:
9 - Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council
Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott,
Council Member Paxson and Council Member Roy
Abstained: 0
4. 25-0589 Approval of the April 15, 2025 Regular Meeting Minutes
The Minutes were approved on the consent agenda.
Consent - Second Reading Ordinances
5. 25-0395 Ordinance accepting $53,897.31 from the State of Texas - Law Enforcement
Officer Standards and Education for training courses and training -related travel
for approximately 50 full-time sworn police officers for the Corpus Christi Police
Department; and appropriating $53,897.31 in the FY 2025 Police Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033633
6. 25-0416 Ordinance accepting $2,954.46 from the State of Texas - Criminal Justice
Division for reimbursement for the costs of the Advanced Law Enforcement
Rapid Response Training for four sworn officers from the Corpus Christi Police
Department's Training Division; and appropriating $2,954.46 in the FY 2025
Police Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033634
7. 25-0456 Ordinance authorizing the acceptance of $1,881.57 from the State of Texas -
City of Corpus Christi
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Law Enforcement Officer Standards and Education for firearms training and
ammunition for five arson investigators for the Corpus Christi Fire Department;
and appropriating funds in the amount of $1,881.57 to the FY 2025 Fire Grants
Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033635
8. 25-0500 Ordinance authorizing acceptance of a grant from the Texas Department of
Transportation for the FY24 Routine Airport Maintenance Program (RAMP)
Grant in the amount of $100,000.00 to fund airport maintenance at the Corpus
Christi International Airport (CCIA); appropriating funds in the amount of
$100,000.00 to the Airport Grants Fund.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033636
9. 25-0421 Zoning Case No. ZN8561, ADR Investments, LLC. (District 4). Ordinance
rezoning a property at or near 820 Naval Air Station (NAS) Drive from the
"CG-1" General Commercial District to the "CG-1/SP" General Commercial
District with a Special Permit; providing for a penalty not to exceed $2,000 and
publication. (Planning Commission and Staff recommend approval).
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033637
10. 25-0422 Zoning Case No. ZN8584, Daovone Xayasene (District 1). Ordinance rezoning
properties at or near 2828 Ruth, 2830 Ruth, and 2816 Ruth Street from the
"RS-6" Single -Family 6 District and the "CG-2" General Commercial District to
the "RM-3" Multifamily District; providing for a penalty not to exceed $2,000 and
publication. (Planning Commission and Staff recommend approval).
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033638
11. 25-0341 Ordinance approving the addition of 20 full-time positions and equipment to the
Engineering Services Department budget; amending the FY 2025 Operating
Budget as required for the last five months of the year with funding coming from
the FY 2025 Capital Improvement Budget as required. The FY 2025 impact is
$1,705,243.00 including vehicle purchases with an FY 2026 recurring amount of
$1,969,676.00.
Mayor Guajardo referred to Item 11.
Council Member Hernandez requested to pull this Item to vote no.
Council Member Barrera moved to approve the ordinance, seconded by Council
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Member Scott. The Ordinance failed with the following vote:
Aye: 4 - Council Member Barrera, Mayor Guajardo, Council Member Scott and Council Member
Roy
Nay: 5 - Council Member Vaughn, Council Member Hernandez, Council Member Campos, Council
Member Cantu and Council Member Paxson
Abstained: 0
12. 25-0178 Ordinance approving and authorizing an Advance Funding Agreement between
the City of Corpus Christi and the Texas Department of Transportation for the
Holly Road Train Trestle to Tourism Trail Project in an amount of $11,797,839
from the Texas Department of Transportation, Transportation Alternatives
Set -Aside (TASA) Program under the 2023 Call for Projects, with the design
and construction managed by the City and appropriating $1,300,000 of interest
income from the American Rescue Plan Act (ARPA) Fund and amending the FY
2025 Capital Budget and FY 2025 Operating Budget.
This Ordinance was passed on second reading on the consent agenda.
Enactment No: 033639
Consent - Contracts and Procurement
13. 25-0160 Motion authorizing execution of a two-year supply agreement with Omicron
Controls, Inc., of The Woodlands, Texas, in an amount not to exceed
$98,633.72, for the purchase of large flow meters utilized by the Corpus Christi
Water Department, with FY 2025 funding of $49,316.86 from the Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2025-043
14. 25-0449 Motion authorizing execution of a one-year service agreement, with four
one-year options to renew, with American Generator Services, LLC, of Sandia,
Texas, for generator preventative maintenance and repairs for Corpus Christi
Water, for an amount of $146,500.00, with a potential amount of $732,500.00 if
options are exercised, with FY 2025 funding of $83,584.00 from the Water Fund.
This Motion was passed on the consent agenda.
Enactment No: M2025-044
15. 25-0405 Motion authorizing execution of a service agreement, through the BuyBoard
Cooperative, with Firetrol Protection Systems, Inc., of Irvine, California, with an
office in Corpus Christi, to replace the access control system at the Corpus
Christi International Airport in an amount not to exceed $189,236.60, with FY
2025 funding from the Airport Fund.
This Motion was passed on the consent agenda.
Enactment No: M2025-045
City of Corpus Christi
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16. 25-0346 Motion authorizing a one-time purchase of gas meters from Wilnat, Inc., dba
Koons Gas Measurement, of Tulsa, Oklahoma, in an amount not to exceed
$408,750.00 for Gas Operations, with FY 2025 funding from Gas CIP Funds.
This Motion was passed on the consent agenda.
Enactment No: M2025-046
Consent - Capital Projects
17. 25-0314 Motion awarding a construction contract to RUTS Construction, LLC of Haslet,
Texas in an amount up to $2,500,000.00 with two renewal options to be
administratively authorized for a total amount up to $7,500,000.00 for the
Citywide Large -Size Water Line Cathodic Protection System Indefinite Delivery
Indefinite Quantity (IDIQ) Project, located Citywide, with FY 2025 funding
available from the Water Capital Fund.
Mayor Guajardo referred to Item 17.
Council Members and Director of Water Systems Nick Winkelmann discussed the
following topics: a concern about only receiving one bid, as well as the price increase;
and what type of Cathodic Protection System will be used.
Council Member Paxson moved to approve the motion, seconded by Council Member
Roy. This Motion was passed and approved with the following vote:
Aye: 9 - Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council
Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott,
Council Member Paxson and Council Member Roy
Abstained: 0
Enactment No: M2025-047
18. 25-0501 Motion awarding a construction contract to Camacho Demolition, LLC, Corpus
Christi, Texas, for the Flour Bluff Elevated Storage Tank Demolition project to
decommission and demolish the Flour Bluff Elevated Storage Tank in an amount
not to exceed $216,495.00, located in Council District 4, with FY 2025 funding
available from the Water Capital Fund.
This Motion was passed on the consent agenda.
Enactment No: M2025-048
19. 25-0424 Motion awarding a construction contract to Barcom Construction, Inc., of Corpus
Christi for construction of a new Wastewater Maintenance Building in an amount
up to $8,476,293.00, located at the City's Greenwood Wastewater Treatment
Plant in District 3, for the project approved by City Council in FY 2022, FY 2023,
FY 2024 and FY 2025 with FY 2025 funding available from the Wastewater
Capital Fund.
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Mayor Guajardo referred to Item 19.
Director of Water System Infrastructure Wesley Nebgen presented information on the
following topics: project location; conceptual renderings; and current location.
Council Members, City Manager Peter Zanoni, and Director Nebgen discussed the
following topics: concerns with the cost of this new facility in that it will impact the
ratepayers, as well as a desire to focus on other priorities; the purpose of the new
building is for preventative maintenance, repair of wastewater capital equipment,
protecting equipment parts and supplies, and additional work space; the average
residential customer will notice a three cent per year increase on their utility bill; to
consider leasing a new building, rather than constructing a new facility; and rainwater
capture was not included in the design for this project.
Council Member Campos moved to approve the motion, seconded by Council Member
Cantu. This Motion was passed and approved with the following vote:
Aye: 7 - Council Member Barrera, Council Member Vaughn, Council Member Campos, Mayor
Guajardo, Council Member Cantu, Council Member Scott and Council Member Roy
Nay: 2 - Council Member Hernandez and Council Member Paxson
Abstained: 0
Enactment No: M2025-049
20. 25-0467 Resolution awarding a construction contract to Bay Ltd., of Corpus Christi for the
reconstruction of Bonner Drive from Everhart Road to Flynn Parkway with new
asphalt pavement, sidewalks, curbs and gutters, ADA-compliant curb ramps,
signage, pavement markings, upgraded street illumination, and utility
improvements in an amount up to $3,618,872.60, located in Council District 3
with FY 2025 funding available from the Street Bond 2022, Storm Water, Water,
Wastewater, and Gas Funds.
This Resolution was passed on the consent agenda.
Enactment No: 033640
General Consent Items
21. 25-0394 Resolution authorizing the renewal of property insurance, including All Other
Perils, Flood, Named Storm, Wind/Hail, Earth Movement, and Equipment
Breakdown insurance, through Acrisure, Broker of Record, for the upcoming
policy year (May 4, 2025-May 4, 2026), for an annual premium of $3,178,178.61.
This Resolution was passed on the consent agenda.
Enactment No: 033641
22. 25-0568 Motion to approve the 2025 Annual Audit Plan
City of Corpus Christi
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This Motion was passed on the consent agenda.
Enactment No: M2025-050
Consent - First Reading Ordinances
23. 25-0484 Ordinance accepting a grant totaling $247,669.00 from the State of Texas
Governor's Homeland Security Grants Division for Operation Stonegarden (drug
and human trafficking) for overtime, fringe benefits, one replacement Chevy
Tahoe police vehicle, and fuel/maintenance; and appropriating $247,669.00 in
the Police Grants Fund.
This Ordinance was passed on first reading on the consent agenda.
24. 25-0488 Ordinance authorizing the acceptance of a grant totaling $30,734.00 from the
Firehouse Subs Public Safety Foundation for funding to purchase two
replacement Paratech lifting bags, two replacement Paratech lifting cushions,
and one additional Multiforce bag used for rescue operations for the Corpus
Christi Fire Department; and appropriating $30,734.00 in the FY 2025 Fire
Grants Fund.
This Ordinance was passed on first reading on the consent agenda.
25. 25-0460 Ordinance authorizing the acceptance and appropriation of $15,092,700.00
from the Texas General Land Office, Community Development Block Grant -
Mitigation Program, under the FY2024 Regional Mitigation Grant to improve
operational resiliency at the Greenwood and Oso Wastewater Treatment Plants;
and amending the Water Grant Fund and FY2025 Capital Budget.
Mayor Guajardo referred to Item 25.
Council Members and Director of Water System Infrastructure Wesley Nebgen discussed
the following topic: the purpose of this project is to assist with flood mitigation at the
wastewater plants.
Council Member Paxson moved to approve the ordinance, seconded by Council Member
Cantu. This Ordinance was passed on first reading and approved with the following vote:
Aye:
9 - Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council
Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott,
Council Member Paxson and Council Member Roy
Abstained: 0
K. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 1:29 p.m. Executive Session
Items 29-31 were held during the lunch recess. Mayor Guajardo reconvened the meeting
at 4:22 p.m.
City of Corpus Christi
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L. PUBLIC HEARINGS: (NONE)
M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 26- 28)
26. 25-0567 Motion to reject a potential Mediation Settlement with outside city limits ("OCL")
water customers regarding Council -approved OCL water rates effective January
1, 2024, in Public Utility Commission Docket No. 56427.
This Item was withdrawn.
27. 25-0351 Resolution awarding a construction contract to RAVA Construction, LLC, of
Houston, TX for the Greenwood Wastewater Treatment Plant Dissolved Air
Flotation (DAFT) Unit Rehabilitation and Odor Control project in an amount up to
$102,000,000.00, located in Council District 3, with FY 2025 funding from the
Wastewater Capital Fund.
Mayor Guajardo referred to Item 27.
Director of Engineering Services Jeff Edmonds presented information about the bid
process.
Council Members and Director of Water System Infrastructure Wesley Nebgen discussed
the following topics: the odor at the Greenwood Wastewater Treatment Plant will be
improved; and whether the cost of this project is under the Environmental Protection
Agency consent decree.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Paxson moved to approve the resolution, seconded by Council Member
Campos. This Resolution was passed and approved with the following vote:
Aye: 9 - Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council
Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott,
Council Member Paxson and Council Member Roy
Abstained: 0
Enactment No: 033642
28. 25-0527 Motion authorizing IDIQ construction contracts with JE Construction Services,
Anderson Columbia Co, Inc., and Tex -Mix Paving, all firms located in Corpus
Christi, Texas, in an amount up to $18,000,000 each, for a combined aggregate
total not -to -exceed amount of $35,187,388.41, to deliver the voter approved
Bond 2024 Residential Streets project with a budget of $35,000,000 out of
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Meeting Minutes April 29, 2025
which $33,000,000 to be encumbered for street construction, minor stormwater
and ADA improvements, $1,000,000 to be encumbered for design and
inspection of the ADA improvements and $1,000,000 budgeted for Engineering
and Administration reimbursements, as planned in the Rapid Pavement
Program FY 2026, located city-wide with funding available through Street Bond
2024, Wastewater, Water and Gas Funds.
Mayor Guajardo referred to Item 28.
A Council Member commended staff for their work.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Paxson moved to approve the motion, seconded by Council Member
Campos. This Motion was passed and approved with the following vote:
Aye:
9 - Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council
Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott,
Council Member Paxson and Council Member Roy
Abstained: 0
Enactment No: M2025-051
N. EXECUTIVE SESSION: (ITEMS 29 - 32)
29. 25-0583 Executive session pursuant to Texas Government Code § 551.071 and
Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with
attorneys concerning legal issues related to the potential long-term agreement
with 1 PointFive USA, LLC (aka 1 P5, a subsidiary of Occidental Petroleum
Corporation) to purchase reclaimed water from the City's Greenwood
Wastewater Treatment Plant and potential easements or other property rights to
be purchased by 1 P5 from the City in areas adjacent to or near the Greenwood
Plant and Texas Government Code § 551.072 to discuss and deliberate the
potential purchase or value of the aforementioned property rights because
deliberation in an open meeting would have a detrimental effect on the position
of the governmental body in negotiations with a third person
This E-Session Item was discussed in executive session.
30. 25-0599 Executive session pursuant to Texas Government Code § 551.071 and
Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with
attorneys concerning legal issues related to proposed or potential state and
federal legislation, rulemaking, appropriations, loans, and other funding related
to the development of water supplies, economic development, appointments to
City of Corpus Christi
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Meeting Minutes April 29, 2025
governmental entities, and development of infrastructure for the Coastal Bend
region
This E-Session Item was discussed in executive session.
31. 25-0597 Executive session pursuant to Texas Government Code § 551.071 and
Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with
attorneys concerning legal issues related to employment complaints and/or
grievances associated with the City Auditor
This E-Session Item was discussed in executive session.
32. 25-0596 Executive session pursuant to Texas Government Code § 551.071 and
Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with
attorneys concerning legal issues related to Sylvia Campos v. City of Corpus
Christi and KRISTV and other actual and potential lawsuits
This executive session was not discussed.
O. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned this meeting at 5:16 p.m.
City of Corpus Christi Page 11 Printed on 5/2/2025
Tuesday, April 29, 2025
Public Comment & Input Form
For City Council Meetings, Board Meetings, & Commission
Meetings
To submit a service request, ask a question, report a violation, browse city -required permit forms or
access services online, click here:
Access Online Services
To continue submitting a written public comment
click Next below.
Public Comment & Input Form
For City Council Meetings, Board Meetings, & Commission Meetings
Date of Meeting Tuesday, April 29, 2025
Name Heath Armstrong
Address 100 Congress Ave
Austin, Select, 78711
Please select the Board, Committee,
or governing body that your
comments are directed to:
Are you a resident of Corpus Christi?
Topic
Agenda Item Number
City Council
April 29th City Council Meeting
Agenda Item No. 26
Comment
Please see the uploaded letter regarding comments on Agenda Item No. 26, the Mediated Settlement
Agreement between the City amd Affordable Water for Corpus Christi.
Upload supporting images or
documents.
aAWCC Letter to City of Corpus Christi ....pdf
Provide an email to receive a copy of harmstrong@jw.com
your submission.
Jackson Walker LLP
Heath D. Armstrong
(512) 236-2098 (Direct Dial)
(512) 236-2002 (Direct Fax)
harmstrong@jw.com
jw.com
April 28, 2025
Mayor Paulette M. Guajardo
Honorable Council Members
City of Corpus Christi
1201 Leopard Street
Corpus Christi, TX 78401
Re: Council Agenda Item No. 26
Mayor Guajardo, and honorable council members:
My name is Heath Armstrong and I am a partner at Jackson Walker, LLP. I am counsel
for Affordable Water for Corpus Christi (AWCC) which represents the interests of residential,
commercial, and large volume rate payers outside the city limits of Corpus Christi. I am providing
the comments below on behalf of AWCC and urge adoption of the 2024 Mediated Settlement
Agreement between AWCC and the City of Corpus Christi.
As an initial matter, AWCC is disappointed to learn that the City Attorney is proposing
that the City Council reject the November 11, 2024 Mediated Settlement Agreement. By way of
explanation, let me provide some background and context that the City Council members may not
be aware. In March of last year, AWCC filed a petition with the Public Utility Commission of
Texas (Commission) appealing the City's 2024 water rates on behalf of residential, commercial
and large volume customers residing outside the city limits. The posted 2024 rates reflected
substantial increases for most rate classes, with volumetric rates going up as much as 102 percent,
and meter rates going up as much as 200 percent depending on the rate class.
On November 11, 2024, the City and AWCC participated in an in -person mediation at
Corpus Christi City Hall. The City Attorney, City Manager, employees of the City's water
department, and representatives of AWCC and its members attended and actively participated in
the mediation. At the conclusion of the mediation, the parties reached a settlement which was
memorialized in a Mediated Settlement Agreement that was executed by both parties. The
agreement documented the negotiated rates for 2024, subject to the approval of the City Council.
Importantly, the signed agreement included a commitment by the "undersigned representatives of
the City" to recommend approval of the agreement to the City Council, no later than November
20, 2024. However, those same representatives now appear to be advising the City Council
members to reject the Mediated Settlement Agreement in violation of the terms of that agreement.
Following execution of the Mediated Settlement Agreement, five extensions over six
months were requested by the City to "finalize" the documentation for the settlement. In the spirit
of cooperation, AWCC agreed to every extension requested by the City's representatives.
However, last Monday, a week before the City Council is to consider the Mediated Settlement
Agreement and without any notice to AWCC, the City Attorney reversed course and proposed
JW I Austin 100 Congress Avenue, Suite 1100 • Austin, Texas 78701 I www.jw.com I Member of GLOBALAWTM
April 28, 2025
Page 2
rejection of the agreement contrary to its express terms committing the parties to support approval.
This was obviously a surprise to AWCC and honestly very disappointing. AWCC remains ready
to enter into the Mediated Settlement Agreement negotiated and agreed to by the parties last
November. However, representatives of the City appear to be advising the City Council to head
toward an unnecessary and costly contested case hearing before the Commission despite their
written agreement to advise the City Council to the contrary. To be clear, the Mediated Settlement
Agreement is a negotiated compromise by both parties and if approved by the City Council, avoids
additional time, effort, and expense for all involved on these issues. For those reasons, I hope that
the City Council will seriously consider voting to approve the executed November 11, 2024
Mediated Settlement Agreement.
I thank you for the opportunity to provide comments to this Council.
Sincerely,
Heath D. Armstrong
Attorney
Tuesday, April 29, 2025
Public Comment & Input Form
For City Council Meetings, Board Meetings, & Commission
Meetings
To submit a service request, ask a question, report a violation, browse city -required permit forms or
access services online, click here:
Access Online Services
To continue submitting a written public comment
click Next below.
Public Comment & Input Form
For City Council Meetings, Board Meetings, & Commission Meetings
Date of Meeting Tuesday, April 29, 2025
Name Emilio Lopez Pacetti
Address
Please select the Board, Committee,
or governing body that your
comments are directed to:
Are you a resident of Corpus Christi?
Topic
Agenda Item Number
Comment
Dear Honorable City Council Members,
1725 Hughes Landing Blvd, Suite 1200
The Woodlands, Texas, 77380
City Council
Greenwood WWTP. Project No.18069A
25-0351
My name is Emilio Lopez, and I am the President of Webber Waterworks LLC. I would like to respectfully
request that you consider our proposal, as laid out in the attached letter that was emailed to you on Friday,
the 25th, before you decide regarding this agenda item.
In case you have any doubt about whether our proposal can be accepted without a rebid, we took the
liberty to ask for a legal opinion from an external law firm, which we are attaching as well.
We remain at your entire disposal.
Kind Regards,
Upload supporting images or
documents.
a2025-04-25 Greenwood WWTP Project.pdf
® Legal opinion.pdf
Provide an email to receive a copy of eflopez@wwebber.com
your submission.
Webber
A Ferrovial company
April 25, 2025
Mr. Peter Zanoni, City Manager
Mr. Drew Molly, Chief Operating Officer CCW
Mr. Jeff Edmonds, Director of Engineering Services
City of Corpus Christi
CC: City of Corpus Christi Council Members
Email Transmittal
Re: RF8 6160 - Greenwood WWTP-DAFT Unit Rehabilitation and Odor Control Project, Project No. 18069A. City Council
meeting on 29th April.
Dear Mr. Zanoni, Mr. Molly and Mr. Edmonds,
Based on the recently published agenda for the upcoming City Council meeting on 29`h April, it has come to Webber
Waterworks, LLC's ("Webber") attention that the City of Corpus Christi (the "City") intends to award the construction contract
for the Greenwood WWTP Dissolved Air Flotation Unit Rehabilitation and Odor Control project (the "Project") to Rava
Construction, LLC ("RAVA") in contravention to a prior ruling by the City that RAVA had submitted a non -responsive bid.
After RAVA submitted a non -responsive bid, the City held private one-on-one meetings with Rava twice, on January 30th, 2025,
and March 31st, 2025. After the second meeting, a City Council agenda item that would have awarded the Project to Webber
was suddenly withdrawn without explanation. Meanwhile, as the apparent lowest responsible bidder on the Project, Webber
sent a letter to the City on March 19th, 2025, offering to work collaboratively to "optimize the project....in both cost and
schedule" but we have not been afforded the opportunity to meet and discuss at any time.
Webber understands that the City has considered the cost savings from Rava's bid price and determined the benefit to be worth
waiving RAVA's outright failure to meet the Project's public bid requirements and qualifications. Webber has continued working
diligently over the last months with our subcontractors and vendors and we have identified potential savings and optimizations
of $8,054,081.00 from our initial bid, resulting in an adjusted price of $100,897,133.20. Given that Webber is the actual lowest
responsible bidder for the Project, the City and Webber may negotiate contract terms prior to contract execution, and the
adjusted contract price would be reflected in the final executed contract.
Webber has extended, as requested by the City, our bid bond validity and it can be extended again if needed. Webber has a
proven record of performance with the City and will continue to be a dedicated construction partner. That is why we would like
to formally request that the City adopt the original recommendation of its Project bid selection team and award the project to
Webber —an action that was recommended by the City's Engineering, Legal, and Procurement departments as well as the City's
independent Engineer of Record Ardurra— for a contract price of $100,897,133.20. We would appreciate it if you granted us the
opportunity to meet and explain our position. We are at your disposal to meet as necessary to discuss this issue.
Please let me know if you have any questions.
Sincerely,
Emilio Lopez Pacetti
President
Webber Waterworks, LLC
CC: City of Corpus Christi Council Members
1725 Hughes Landing Blvd., Suite 1200
The Woodlands, TX 77380
(281) 907-8600 • Fax: (281) 987-8065
Equal opportunity Employer
Nathan V. Graham
Partner I Admitted in Texas and Wyoming
ngraham@bradley.com
713.576.0305 direct
April 29, 2025
City Council
City of Corpus Christi, Texas
1201 Leopard St
Corpus Christi, TX 78401
Bradley
Re: RFB 6160 - Greenwood Wastewater Treatment Plant (WWTP) Dissolved Air
Flotation (DAFT) Unit Rehabilitation and Odor Control project (the "Project").
Dear City Council,
At the request of our client, Webber Waterworks, LLC we are sending this letter to address
the question of whether or not the City of Corpus Christi (the "City") may award the Project to
Webber Waterworks, LLC ("Webber") without re -bidding the Project.
On October 14, 2024, the Contracts and Procurement Department of the City issued a
Request for Bids (RFB #6160) for the Greenwood Wastewater Treatment Plant (WWTP)
Dissolved Air Flotation (DAFT) Unit Rehabilitation and Odor Control project. On December 20,
2024, the City received three bids.
BID SUMMARY
#
Contractor
Base Bid
1
RAVA Construction, LLC
$102,000,000.00
2
Webber Waterworks, LLC
$108,951,214.20
3
Thalle Construction Co., Inc.
$152,450,000.00
Although RAVA was the lowest bidder, the Engineer of Record (Adurra) recommended
that RAVA not be awarded the contract because:
• RAVA did not meet the minimum work experience of five years.
> RAVA's largest construction project is $30M, significantly less than the total bid
price.
> During the January 30, 2025, administrative hearing, RAVA was not able to
convince the selection panel that RAVA's experience sufficiently met the bid
requirements.
Bradley Arant Boult Cummings LLP I JPMorgan Chase Tower 1600 Travis Street, Ste 5600 I Houston, TX 77002 1 713.576.0300 I bradley.com
April 29, 2025
Page 2
In contrast, Webber has successfully completed several projects with comparable scopes of work
for local municipalities, including:
➢ City of Pearland: Construction of a 10 MGD WTP at a cost of $137M. Completed in 2024.
➢ North Texas Municipal Water District: Improvements to existing WWTP at a cost of$49M.
Completed in 2022.
➢ City of Midland: Renovation and improvements to an existing WWTP at a cost of$60M.
➢ City of Corpus Christi: PLW Waterworks, LLC has successfully completed O.N.
StevensWater Treatment Plant High Service Pump Building No. 3 and O.N. Stevens
WaterTreatment Plant Maintenance Building. These projects, with a combined cost of
$26M,were successfully completed by PLW Waterworks which is a division of Webber.
After a review of the Project bids by the City's Engineering, Legal, and Contracts and Procurement
Departments, it was recommended that RAVA's bid be disqualified and that the Project be
awarded to the second -lowest bidder, Webber. Notwithstanding this, it appears that the City may
choose to override the recommendation to award the project to Webber and instead award it to
RAVA, despite the noncompliant bid.
The Texas Local Government Code provides that if a competitive sealed proposal
requirement applies to a procurement contract awarded by a municipality that "the contract must
be awarded to the responsible offeror whose proposal is determined to be the most advantageous
to the municipality considering the relative importance of price and the other evaluation factors
included in the request for proposals." Tex. Loc. Gov't. Code § 252.043(h); See Labrado v. Cnty.
of El Paso, 132 S.W.3d 581, 597-98 (Tex. App. El Paso 2004, no pet.)("The term `lowest
responsible bidder' involves compliance with statutory requirements relating to competitive
bidding. The term `competitive bidding' contemplates that each bidder will bid on the same
material terms and will receive fair and equal treatment. Therefore, to be `responsible,' a bidder
must comply with the material specifications of the requests for bids.").
The Texas Local Government Code does allow for "revisions... after submissions and
before the award of the contract" in order to obtain "the best final offers" but "Offerors shall be
treated fairly and equally with respect to any opportunity for discussion and revision of proposals."
Tex. Loc. Gov't. Code § 252.042(b).
' In addition to the purchase price, other factors a municipality should consider in deciding whether a contract is "most
advantageous" include (among others): i) "the reputation of the bidder and of the bidder's goods or services;" ii) "the
quality of the bidder's goods or services;" iii) "the extent to which the goods or services meet the municipality's
needs;" and iv) "the bidder's past relationship with the municipality[.]" Tex. Loc. Gov't. Code § 252.043(b). It is
generally within the discretion of the municipality how to weigh each of these factors in the determination of whether
a contract is the "most advantageous". See generally City of Austin 1'. Util. Associates, Inc., 517 S.W.3d 300, 311
(Tex. App.—Austin 2017, pet. denied).
April 29, 2025
Page 3
Based on our review we are of the opinion that the City has the authority to determine that
Webber is the lowest "responsible" bidder based on a multitude of factors which stretch beyond
the purchase price. The overwhelming opinion of the City's departments and officials —including
the City's Engineering, Legal, and Contracts and Procurement Departments and the Project's
engineer of record —all show a reasonable basis for the City to determine that Webber is the lowest
"responsible" bidder who provided the most advantageous proposal to the City. Further, it is clear
that the City has a reasonable justification for disqualifying RAVA's bid because it indisputably
did not meet the minimum requirements set forth in the invitation to bid. Because it is within the
City's authority to accept Webber's conforming bid (and to disqualify RAVA's non -conforming
bid) there would be no need to issue a new request for bids/proposals prior to awarding the Project
to Webber.
Further, to the extent that the City Manager now seeks to make revisions to the bid process
after submission of bids (by allowing RAVA's non -compliant bid), the City Manager must do so
in a fair manner. The City Manager could potentially do this by submitting a request for Best and
Final Offers to both RAVA and Webber, with both being provided equal opportunity to comment
and revise their bids. We understand that if such a request for Best and Final Offer were to be
made, that Webber would be able to actually provide a bid at a price lower than RAVA's original
bid of $102 million. This would mean that there is no reasonable justification for the City to accept
RAVA's bid. Again, the request for Best and Final Offer would not require new RFP process but
would simply require that RAVA and Webber be treated fairly and equally and given an
opportunity to submit an additional bid, with the intent of saving the City money.
In conclusion, we are of the opinion that the City is within its discretion to disqualify
RAVA's bid as non -complying and to award the Project to Webber as the lowest "responsible"
bidder. If the City requests Best and Final Offers, then it will be free to receive the benefit of
Webber's lowered bid. I can be available to discuss this matter with you if any additional questions
arise.
Sincerely,
Nathan V. Graham
Partner