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CITY COMMISSION REGULAR MTG

(4)(a)

Meeting Date:

08/06/2025

Engineering, Transportation and Planning Department Report (City Engineer)

Submitted By:

Rhomari Leigh, City Secretary

Department:

City Secretary

Information

ACTION REQUEST

Transportation and Planning Department Report (City Engineer)

BACKGROUND (Brief Summary)

RECOMMENDATION

Fiscal Impact

Attachments

Eng & Planning Annual Report 2025

Regional Transportation Plan 2050

CITY COMMISSION REGULAR MTG

(4)(b)

Meeting Date:

08/06/2025

Ambulance Fleet Status Report

Submitted For:

Dennis Harris, Fire Department

Submitted By:

Dennis Harris, Fire Department

Department:

Fire Department

Information

ACTION REQUEST

No commission action requested.

BACKGROUND (Brief Summary)

Emergency Medical Services Fleet Overview: Operational Challenges and Unit Losses.

RECOMMENDATION

No commission action requested. (Report Only)

Fiscal Impact

Funds Available Y/N:

Y

Amount Requested:

No funds requested.

Source of Funds:

No funds requested.

Account #:

No funds requested.

Fiscal Impact:

Attachments

Staff Report

CITY COMMISSION REGULAR MTG

(5)(a)

Meeting Date:

08/06/2025

CDBG 2025 Consolidated Plan and Annual Action Plan -2nd Public Hearing

Submitted For:

Titilayo Smith, Community Development/ Grant Admin

Submitted By:

Patricia Mata, Community Development/ Grant Admin

Department:

Community Development/ Grant Admin

Information

ACTION REQUEST

To consider and approve the Community Development Block Grant (CDBG) 2025 Consolidated Plan and Annual Action Plan -2nd Public Hearing

BACKGROUND (Brief Summary)

The 5-year Consolidated Plan is designed to assist states and local jurisdictions in assessing their affordable housing and community development needs, as well as market conditions, enabling them to make data-driven, place-based investment decisions. The consolidated planning process serves as a framework for a community-wide dialogue to identify housing and community development priorities that focus on funding from the CPD formula block grant programs. Implementation of the Consolidated Plan occurs through Annual Action Plans, which provide a concise summary of the actions, activities, and specific federal and non-federal resources utilized each year to address the priority needs and goals identified by the Consolidated Plan.

A minimum of two public hearings are required to meet the Citizens Participation Plan before finalizing the 2025 Consolidated Plan and Annual Action Plan draft after the 30-day comment period. The draft will be available from June 4, 2025, to July 20, 2025. Copies will be available at the Community Development Department at 928 5th Ave. N, Moore Public Library at 1701 9th Ave. N, and City Hall at 1801 9th Ave. N, Texas City. It will also be available via the City's website at www.texascitytx.gov on the Community Development Department page.

RECOMMENDATION

The Director of Community Development & Grants Administrator recommends that the Commission hold a Public Hearing on August 6, 2025.

Fiscal Impact

Funds Available Y/N:

Y

Amount Requested:

N/A

Source of Funds:

Entitlement

Account #:

601

Fiscal Impact:

There is no fiscal impact at the time, as the request is for a public hearing.

Attachments

PowerPoint-CDBG 25-29

CITY COMMISSION REGULAR MTG

(5)(b)

Meeting Date:

08/06/2025

Public Hearing for comments on Ord. 2025-06 Amending Title XV entitled "Land Usage", Chapter 160 entitled "Zoning" to designate Section 160.051 District S-P (Site Plan) as the zoning designation for Battery Energy Storage Systems and similar projects.

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Curt Kelly, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

Public Hearing to receive comments regarding amending the Code of Ordinances Title XV entitled "Land Usage", Chapter 160 entitled "Zoning" to designate Section 160.051 District S-P (Site Plan) as the zoning designation for Battery Energy Storage Systems and similar projects.

BACKGROUND (Brief Summary)

Battery Electrical Storage Systems (BESS) are installations of large containers of batteries which are usually located close to an electrical power substation. The batteries charge during periods of low demand and then supplement the electric grid during periods of high demand. Locations close to an existing substation are essential for most of the projects. Texas City has two existing BESS installations at 505 34th Street N and 430 SH 146 N, and a two approved sites on SH 146 (410 Hwy 146 N and 701 SH 146). All four locations are south of Palmer Hwy and in or near areas of existing industrial uses.

In 2020 and 2021 respectively, these installations were found most comparable to the District F-1 Outdoor Industrial zoning classification. Since 2022 and 2023 the applications have been processed for rezoning to District S-P as specific uses which are not normally found in zoning districts. Numerous pre-development inquiries have been received for sites located in various other zoning districts throughout the city, including several in close proximity to existing residential uses or zoning districts. Some of the proposed projects include energy generation as a component of the projects. During reviews of the various applications and presentations to the Planning Board and Zoning Commission, concerns have been expressed regarding risk of battery fire, contamination from site runoff, contamination of air and water byproducts of fire suppression in the event of catastrophic failure, and the ultimate cost of decommissioning.

The BESS installations are characterized by their developers as temporary installations. The review procedures of the District SP - Site Plan process were found to be the most thorough for evaluating the proposed projects in the various locations and zoning districts when presented. To provide for consistency and uniformity of review, the Zoning Commission is recommending District SP as the exclusive zoning classification for the BESS and similar projects.

Staff are also recommending the adoption of Chapter 162 Battery Energy Storage Systems to establish criteria for review of applications as well as requirements and limitations for screening, setbacks, landscaping, maximum impervious area, and other provisions etc. Adoption of Chapter 162 will provide guidance for potential applicants and developers and assist the Planning Board members, Zoning Commissioners and staff with standards for the consistent administration and application of the zoning and land use regulations to BESS and similar projects.

RECOMMENDATION

On March 25, 2025, the Zoning Commission voted to recommend the amendment to Section 160.051 to designate District SP Site Plan as the zoning district for Battery Energy Storage Systems and similar projects.

Staff recommends approval of Ordinance 2025-06 to create Chapter 162 entitled "Battery Energy Storage Systems" and to amend the Zoning Ordinance Section 160.051 to designate District S-P Site Plan as the zoning district for Battery Energy Storage Systems and similar projects. The Texas City Fire Marshal, Emergency Manager, Chief Building Official and City Attorney have assisted with the drafting and review of Chapter 162 Battery Energy Storage Systems and offer no objection to its adoption.

Fiscal Impact

Attachments

Final Draft Ordinance - 6.25-2025

Minutes

CITY COMMISSION REGULAR MTG

(5)(c)

Meeting Date:

08/06/2025

Public Hearing for comments on the zoning change of 38.653 acres from District H Heavy Industry to District SP Site Plan for a Battery Energy Storage System (BESS) located in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Curt Kelly, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

Public Hearing for comments on the zoning change of 38.653 acres from District H Heavy Industry to District SP Site Plan for a Battery Energy Storage System (BESS) located in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation

BACKGROUND (Brief Summary)

The applicant, Red Egret, LLC, requests a Zoning change of a 38.653-acre site from District "H" (Heavy Industrial) to District "S-P" (Site Plan) for development and operation of a battery electric storage system (BESS) utilizing lithium-ion battery technology. TNMP, as the current owner of the property, is a co-applicant for the zoning change. The requested actions are cross conditioned upon approval of all pending applications.

The applicant, Red Egret LLC, states an intent to build, own and operate a proposed BESS project at the subject location. The project proposes to develop 149 lithium-ion containers and 75 medium voltage transformer skids with room for additional future containers to maintain full project capacity of 300 MW, 600 MWh over the life of the project at the site. The applicant seeks to begin construction in 2025 with the project to be online and fully operational in 2026. The proposed project will encompass 38.653 acres of vacant property which is landlocked with no public access and no access to public water or sewer. The location is in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation. The applicant states the site is 2,000 feet from the nearest occupied structure. The property is currently zoned District "H" (Heavy Industrial). The applicant proposes to access the site through private easements.

The applicant has a lease and purchase agreement with TNMP with the intent to purchase the project site once the project begins commercial operations.

TNMP Freeway Park Substation – The applicant states it has an interconnect agreement in place with TNMP for the Freeway Park Substation located at 25^th Ave N and SH 3. The Freeway Park Substation was recently rebuilt by TNMP and functions to convert high-voltage electricity supplied to the substation by long-distance transmission lines to lower voltage which is then distributed from the substation to nearby homes and businesses. TNMP will connect to the BESS project through infrastructure upgrades within TNMP's existing land rights.

At its regular meeting on July 7, 2025, the Planning Board reviewed and approved a Detailed Site Plan for the requested rezoning upon certain conditions to be memorialized in a Development Agreement approved by the City Commission.

The Zoning Commission held a public hearing upon notice to adjacent property owners on July 15, 2025. The Notice of the Zoning Commission Hearing was mailed to 4 property owners within 200 ft. No letters of opposition were received and no one appeared at the hearing held on July 15, 2025 to oppose the zoning change. After conducting the public hearing and having all questions answered by the Applicant the Zoning Commission voted 4-0 to recommend approval of the zoning change from District H Heavy Industrial to District SP Site Plan subject to the Detail Site Plan approved and the conditions recommend by the Planning Board.

The Applicant agreed with the conditions and has provided a Development Agreement for approval by the City Commission.

RECOMMENDATION

At its meeting on July 7, 2025 the Planning Board voted 4-0 to approve the proposed Site Plan for the referenced project and to recommend the zoning change upon conditions to be memorialized in a Development Agreement approved by the City Commission. AT its meeting on July 15, 2025 the Zoning Commission held a public hearing upon notice mailed to adjacent property owners. No written comments were received and no comments were presented in opposition to the zoning change at the public hearing. Following the close of the public hearing the Zoning Commission voted 4-0 to recommend approval of the zoning change from District H Heavy Industrial to District SP Site Plan subject to the Detailed Site Plan and conditions recommended by the Planning Board as follows:

1. Posting of financial security satisfactory to the City for the commissioning and decommissioning of the project.
2. Installation of three (3) 30,000-gallon water tanks on the site at locations approved by the Fire Marshal, to be replaced by connection to a public water source if and when such source becomes available to the site.
3. Landscaping improvements and requirements for platting and access to public utilities to be deferred until other development is approved within 500ft of the property, provided the existing suitable vegetation shall be retained and maintained to provide screening of the project until future installation of the required landscaping improvements.
4. Private access easements in form and content acceptable to the City to be allowed for 25ft paved access suitable for the ingress and egress of emergency response and public safety vehicles.
5. Security fencing and screening acceptable to the City to be installed around the project, which shall consist of no less than pre-cast concrete panels. Specific plans and specifications to be reviewed and approved through the building permitting process
6. Posting of financial security for the maintenance of access during construction and direct payment for the repair and restoration satisfactory to the Director of Public Works of any damage caused by the project related construction traffic to public streets.

The Developer has signed an approved Development Agreement which memorializes the recommended conditions.

City staff including the City Engineer, the Chief Building Official, the Fire Marshal, and the Director of Emergency Management have reviewed the recommended Detailed Site Plan and conditions to be memorialized in a Development Agreement and offer no objection to the zoning change from District "H" (Heavy Industrial) to District "SP" (Site Plan) for the new BESS project.

Fiscal Impact

Attachments

Vicinity Map

Zoning Commission - Staff Report

Exhibits

Legal Description & Final Plat

Planning Board - Staff Report

Planning Board - Minutes 7.7.25

DRAFT Zoning Commission Minutes - 7.15.2025

CITY COMMISSION REGULAR MTG

(6)(a)

Meeting Date:

08/06/2025

Consider and take action on Preliminary Zoning Approval for Red Egret, LLC for a zoning change of 38.653 acres from District "H" Heavy Industry to District "SP" Site Plan for a Battery Energy Storage System (BESS) located in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation.

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Curt Kelly, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

Consider and take action on Preliminary Zoning Approval for Red Egret, LLC for a zoning change of 38.653 acres from District "H" Heavy Industry to District "SP" Site Plan for a Battery Energy Storage System (BESS) located in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation.

BACKGROUND (Brief Summary)

The applicant, Red Egret, LLC, requests a Zoning change of a 38.653-acre site from District "H" (Heavy Industrial) to District "S-P" (Site Plan) for development and operation of a battery electric storage system (BESS) utilizing lithium-ion battery technology. TNMP, as the current owner of the property, is a co-applicant for the zoning change. The requested actions are cross conditioned upon approval of all pending applications.

The applicant, Red Egret LLC, states an intent to build, own and operate a proposed BESS project at the subject location. The project proposes to develop 149 lithium-ion containers and 75 medium voltage transformer skids with room for additional future containers to maintain full project capacity of 300 MW, 600 MWh over the life of the project at the site. The applicant seeks to begin construction in 2025 with the project to be online and fully operational in 2026. The proposed project will encompass 38.653 acres of vacant property which is landlocked with no public access and no access to public water or sewer. The location is in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation. The applicant states the site is 2,000 feet from the nearest occupied structure. The property is currently zoned District "H" (Heavy Industrial). The applicant proposes to access the site through private easements. The applicant has a lease and purchase agreement with TNMP with the intent to purchase the project site once the project begins commercial operations.

TNMP Freeway Park Substation – The applicant states it has an interconnect agreement in place with TNMP for the Freeway Park Substation located at 25th Ave N and SH 3. The Freeway Park Substation was recently rebuilt by TNMP and functions to convert high-voltage electricity supplied to the substation by long-distance transmission lines to lower voltage which is then distributed from the substation to nearby homes and businesses. TNMP will connect to the BESS project through infrastructure upgrades within TNMP's existing land rights.

At its regular meeting on July 7, 2025, the Planning Board reviewed and approved a Detailed Site Plan for the requested rezoning upon certain conditions to be memorialized in a Development Agreement approved by the City Commission. The Zoning Commission held a public hearing upon notice to adjacent property owners on July 15, 2025. The Notice of the Zoning Commission Hearing was mailed to 4 property owners within 200 ft. No letters of opposition were received and no one appeared at the hearing held on July 15, 2025 to oppose the zoning change. After conducting the public hearing and having all questions answered by the Applicant the Zoning Commission voted 4-0 to recommend approval of the zoning change from District H Heavy Industrial to District SP Site Plan subject to the Detail Site Plan approved and the conditions recommended by the Planning Board.

The Applicant agreed with the conditions and has provided a Development Agreement for approval by the City Commission.

RECOMMENDATION

At its meeting on July 7, 2025 the Planning Board voted 4-0 to approve the proposed Site Plan for the referenced project and to recommend the zoning change upon conditions to be memorialized in a Development Agreement approved by the City Commission.

At its meeting on July 15, 2025 the Zoning Commission held a public hearing upon notice mailed to adjacent property owners. No written comments were received and no comments were presented in opposition to the zoning change at the public hearing. Following the close of the public hearing the Zoning Commission voted 4-0 to recommend approval of the zoning change from District H Heavy Industrial to District SP Site Plan subject to the Detailed Site Plan and conditions recommended by the Planning Board as follows:
1. Posting of financial security satisfactory to the City for the commissioning and decommissioning of the project.
2. Installation of three (3) 30,000-gallon water tanks on the site at locations approved by the Fire Marshal, to be replaced by connection to a public water source if and when such source becomes available to the site.
3. Landscaping improvements and requirements for platting and access to public utilities to be deferred until other development is approved within 500ft of the property, provided the existing suitable vegetation shall be retained and maintained to provide screening of the project until future installation of the required landscaping improvements.
4. Private access easements in form and content acceptable to the City to be allowed for 25ft paved access suitable for the ingress and egress of emergency response and public safety vehicles.
5. Security fencing and screening acceptable to the City to be installed around the project, which shall consist of no less than pre-cast concrete panels. Specific plans and specifications to be reviewed and approved through the building permitting process.
6. Posting of financial security for the maintenance of access during construction and direct payment for the repair and restoration satisfactory to the Director of Public Works of any damage caused by the project related construction traffic to public streets.

The Developer has signed an approved Development Agreement which memorializes the recommended conditions.

City staff including the City Engineer, the Chief Building Official, the Fire Marshal, and the Director of Emergency Management have reviewed the recommended Detailed Site Plan and conditions to be memorialized in a Development Agreement and offer no objection to the zoning change from District "H" (Heavy Industrial) to District "SP" (Site Plan) for the new BESS project.

Fiscal Impact

Attachments

Vicinity Map

Zoning Commission - Staff Report

Exhibits

Legal Description & Final Plat

Planning Board - Staff Report

Planning Board - Minutes 7.7.25

DRAFT Zoning Commission Meeting 7.21.2025

CITY COMMISSION REGULAR MTG

(6)(b)

Meeting Date:

08/06/2025

Consider and take action on request for an extension of time to Preliminary Zoning Approval for Lakeside Bayou Subdivision.

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Curt Kelly, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

Applicant requests an extension of time from May 6, 2026, until August 18, 2026, on the preliminary zoning approval to complete the processes of bidding, financing, and starting construction of the infrastructure improvements for Phase I of the Lakeside Bayou Subdivision. This extension is necessary to sync up with a time extension being requested from the City Commission for the reservation of utility capacity in the Utility Services Agreement with GCMUD 53.

BACKGROUND (Brief Summary)

On August 18, 2021, the City Commission held a public hearing upon advertised notice and at thereafter voted to give preliminary zoning approval to the request by 418 Southlake LTD to rezone from "A" (Single Family Residential) to "I" (Planned Unit Development) approximately 438 acres of undeveloped land located north of FM517, south of FM 646 and west of FM 3436. Planning Board reviewed and recommended the master plan and development agreement for approval at its meeting on June 21, 2021, and the Zoning Commission held a public hearing and recommended approval of the zoning change at its meeting on July 20, 2021.

In 2022, the developer requested and received a 12-month extension to the preliminary zoning approval, which was effective through August 18, 2023. In 2023, the developer requested a second extension of time, which was effective through August 18, 2024. On November 6, 2023 received final plat approval for Sections 1, 3, and 4, which constitute all of Phase I. The final plat approvals are effective for thirty months and extended the viability of the preliminary zoning approval until May 6, 2026.

Contemporaneously with this request for extension of time of the Preliminary Zoning Approval, the Developer is requesting an extension of time to the Utility Services Agreement. The purpose of this extension of time for the preliminary zoning approval is to sync up with the extension of time to the Utility Services Agreement. The extension will prompt the efficient administration of the subdivision development.

RECOMMENDATION

Upon review, staff recommends approval of the extension of time to the preliminary zoning approval of the Lakdeside Bayou Subdivision from District A (Single Family Residential) to District I (Planned Unit Development) from May 6, 2026 to August 18, 2026. The request for extension is timely because the preliminary zoning approval has not yet expired. The extension appears warranted because the project is large and complex, and Applicant has diligently continued its development activities and remained in satisfactory contact with city staff. No significant changes have occurred which warrant a reconsideration of any of the infrastructure development. The terms and conditions of the approved PUD remain compliant with current city planning and development policies.

The Planning Board considered the third request for extension of time at its meeting on July 21, 2025, and recommends approval of the extension based upon the justification provided by the applicant.

Fiscal Impact

Attachments

Approved PUD

PUD Exhibits

Approved Master Plan

CITY COMMISSION REGULAR MTG

(6)(c)

Meeting Date:

08/06/2025

Request for Extension of Time to Preliminary Zoning Approval for Alpha Omega Power, LLC to rezone from District "F" (Light Industrial) to District "S-P" (Site Plan) for development of a BESS project to be located at 701 Hwy 146 N.

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Curt Kelly, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

Extension of time from September 4, 2025, until September 4, 2026, on the preliminary zoning approval for Alpha Omega Power, LLC to rezone from District "F" (Light Industrial) to District "S-P" (Site Plan) for a BESS project to be located at 701 Hwy 146 N., west of Hwy 146 N., and north of the existing Golden Rule Logistics.to allow additional time to complete the permitting process for the requested uses.

BACKGROUND (Brief Summary)

The applicant, Alpha Omega Power, seeks additional time to move forward with the submission of a building permit application for the BESS project to ensure all application materials and supporting documents are properly completed and submitted prior to expiration of the preliminary zoning approval on September 4, 2025. The additional time will allow the applicant to uphold the integrity of the permitting process and avoid any unintended delays.

At its regular meeting on September 4, 2024, the City Commission held a public hearing upon advertised notice and voted to give preliminary zoning approval upon certain conditions to the request by AOP Holdings, LLC d/b/a Alpha Omega Power, to rezone from District "F" (Light Industrial) to District "S-P" (Site Plan) approximately 6.29 acres of undeveloped land located at 701 S.H. 146 which is on the west side of SH 146, north of Golden Logistics, LLC, and south of Baker Distributing.

At its regular meeting on July 22, 2024, the Planning Board voted 3-2 to approve the proposed Detailed Site Plan and to recommend approval of the zoning change upon certain conditions to the Zoning Commission. At its regular meeting on August 6, 2024, the Zoning Commission held a public hearing and following consideration voted 4-1 to recommend approval of the requested zoning change upon certain conditions.

RECOMMENDATION

Upon review, staff recommends approval of the extension of time to the preliminary zoning approval of the Alpha Omega Power, LLC request to rezone from District "F" (Light Industrial) to District "S-P" (Site Plan) for development of a BESS project to be located at 701 Hwy 146 N., west of Hwy 146 N., and north of the existing Golden Rule Logistics.

The Planning Board is scheduled to consider the request for extension of the preliminary zoning approval at its regular meeting on Monday, August 4, 2025. Staff will inform the City Commission of the Planning Board recommendation at the Commission's meeting.

Fiscal Impact

Funds Available Y/N:

Amount Requested:

Source of Funds:

Account #:

Fiscal Impact:

No Fiscal Impact

Attachments

07-22-24_PB_Minutes.pdf

ZC Minutes 8.6.24

Easement

Exhibits

Legal Description

Planning Board - Staff Report

Zoning Commission - Staff Report

Extension Request

CITY COMMISSION REGULAR MTG

(8)(a)

Meeting Date:

08/06/2025

Submitted By:

Renee Edgar, City Secretary

Department:

City Secretary

Information

ACTION REQUEST

Approve City Commission Minutes for July 16, 2025 meeting. (City Secretary)

BACKGROUND (Brief Summary)

RECOMMENDATION

Fiscal Impact

Attachments

Minutes

CITY COMMISSION REGULAR MTG

(8)(b)

Meeting Date:

08/06/2025

Consider and take action regarding the consent to annexation 17.968 acres of Section 5 Marlow Lake North Subdivision into GCMUD 79

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Curt Kelly, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

Consider and take action regarding the consent to annexation of the 17.968 acre section of Marlow Lake North Subdivision Section 5 into GCMUD No. 79 per the attached petition.

BACKGROUND (Brief Summary)

Marlow Lake North Subdivision is a 161-unit single family residential planned unit development on 71.6 acres of undeveloped land located on the west side of SH 3 immediately north and adjacent to the Marlow Lake Subdivision. The developer is SSLT, LLC, which is an affiliate of Sprint Sand. Sprint Sand owns and operates the active sand mine adjacent to the subdivision. The development is part of the approved post pit plan for the sand mine.
The City Commission previously gave preliminary zoning approval to the rezoning of the Marlow Lake North master planned community from District A-1 Single Family Residential to District I Planned Unit Development on March 16, 2022. The preliminary zoning approval has been extended by the City Commission until March 16, 2025. The City Commission approved the Master Plan for the Marlow Lake North Subdivision at its regular meeting on November 6, 2024. The City Commission approved a Development Agreement for the Marlow Lake North Subdivision at its regular meeting on December 4, 2024. One of the City's obligations under the Development Agreement is to consent to annexation into GCMUD 79 of each section as it is platted.
The developer applied for preliminary plat approval of Section 5 within twelve months after receiving preliminary zoning approval of the PUD rezoning. The Planning Board approved the Section 5 Preliminary Plat at its meeting on April 17, 2023. The Developer then applied for Section 5 Final Plat approval on April 21, 2023. The Developer received three sets of comments on the final plat submittal and responses to the final set of comments provided in September 2023 have been received and are in final review. Preliminary Plats are valid for a period of 12 months unless extended. Developer requested and received an extension of the approval of the Section 5 Preliminary Plat until April 17, 2025. The Developer applied for Final Plat approval within the extended approval of the preliminary plat. The Planning Board tabled consideration of the Final Plat application at its meeting on April 25, 2025 to allow additional time for the developer and Owner to provide additional information regarding the scope and timeframe for completing the development of the park and lake amenities.

On July 6, 2025 the owner provided a plan for the phasing and construction of the lake amenities and a commitment to provide security for the completion of the final build out as a condition for approval of the final plat for the last section to be platted. The owner also provided documentation from the sand mine showing a commitment to complete operations on or before May 2027. The request for final plat approval was resubmitted to the Planning Board at its meeting on July 21, 2025 and approved subject to the following conditions: (i) timely completion of the amenities phasing and completion plan provided by the owner, (ii) the owner's commitment to post a completion bond as a condition for the approval of the final plat for the final section of the subdivision, and (iii) the commitment regarding a date certain for closing of the sand mine on or before May 2027.
.

RECOMMENDATION

Based upon the final plat approval of Marlow Lake Section 5 by the Planning Board at its meeting on July 21, 2025, staff recommend consent to annexation of the 17.968 acres of Marlow Lake Section 5 into MUD 79 in accordance with the provisions of the Development Agreement and the attached Petition.

Fiscal Impact

Attachments

Petition for Consent to Annexation

FINAL Planning Board Minutes

Resolution

CITY COMMISSION REGULAR MTG

(8)(c)

Meeting Date:

08/06/2025

Consider and take action on the Second Amendment to Utility Services Agreement with Lakeside Bayou, LLC and GCMUD 53

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Curt Kelly, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

Consider and take action on the second amendment to the Utility Services Agreement with Lakeside Bayou, LLC and GCMUD 53.

BACKGROUND (Brief Summary)

The second amendment to the Utility Services Agreement (USA) with Lakeside Bayou, LLC and GCMUD No. 53 extends the reservation of capacity for the 232 ESFCs (water and sewer connections) for Phase I of the Lakeside Bayou Subdivision for one additional year until August 18, 2026. The amendment does not increase the overall number of connections (ESFCs) which remains 1200 or make any other changes to the USA.

The USA between the City, GCMUD 53 and Developer, Lakeside Bayou, LLC, was approved by the City Commission on August 18, 2021 and provides for the design, construction and funding of water and sewer infrastructure for the Lakeside Bayou Subdivision, a 438 acre development being subdivided to a maximum of 1200 single family residential lots and with 12,8 acres reserved for commercial development. The First Amendment approved in August 2023, extended the reservatioin of ESFCs for phase one from 225 to 232 based upon the approved plats for the first phase of development and extended the duration of the original reservation from two years to four years. The first extension expires August 18, 2025. The developer needs additional time to complete the financing, bidding and start construction of the water and sewer infrastructure. All plans have been reviewed and approved and and plats have been approved for the Phase I development. The city's water and sewer systems have existing capacity to provide the number of connections reserved or Phase I (232 ESFCs). Other development in the area will not be delayed by extending the reservation of this capacity until August 18, 2026.

RECOMMENDATION

Staff recommend approval of the Second Amendment to the Utility Services Agreement with GCMUD 53 and Developer for the Lakeside Bayou Subdivision which extends the reservation of 232 ESFCs for Phase I of the Lakeside Bayou Subdivision until August 18, 2026.

Fiscal Impact

Attachments

Second Amendment to USA

Resolution

CITY COMMISSION REGULAR MTG

(8)(d)

Meeting Date:

08/06/2025

Consider and take action on a Development Agreement with Red Egret LLC.

Submitted For:

Curt Kelly, Transportation and Planning

Submitted By:

Curt Kelly, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

Consider and take action on a Development Agreement with Red Egret LLC as a condition for the approval of the zoning change from District H Heavy Industrial to District S P Site Plan for construction and operation of a BESS project on the 38.653 acre site located in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation

BACKGROUND (Brief Summary)

The Development Agreement memorializes the conditions recommended by the Planning Board and the Zoning Commission for approval of the requested zoning change from District H Heavy Industrial to District SP Site Plan for the construction and operation of a Battery Energy Storage System project.

The applicant, Red Egret, LLC, requests a Zoning change of a 38.653-acre site from District "H" (Heavy Industrial) to District "S-P" (Site Plan) for development and operation of a battery electric storage system (BESS) utilizing lithium-ion battery technology. TNMP, as the current owner of the property, is a co-applicant for the zoning change. The requested actions are cross conditioned upon approval of all pending applications. The applicant, Red Egret LLC, states an intent to build, own and operate a proposed BESS project at the subject location. The project proposes to develop 149 lithium-ion containers and 75 medium voltage transformer skids with room for additional future containers to maintain full project capacity of 300 MW, 600 MWh over the life of the project at the site. The applicant seeks to begin construction in 2025 with the project to be online and fully operational in 2026. The proposed project will encompass 38.653 acres of vacant property which is landlocked with no public access and no access to public water or sewer. The location is in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation. The applicant states the site is 2,000 feet from the nearest occupied structure. The property is currently zoned District "H" (Heavy Industrial). The applicant proposes to access the site through private easements. The applicant has a lease and purchase agreement with TNMP with the intent to purchase the project site once the project begins commercial operations. TNMP Freeway Park Substation – The applicant states it has an interconnect agreement in place with TNMP for the Freeway Park Substation located at 25th Ave N and SH 3. The Freeway Park Substation was recently rebuilt by TNMP and functions to convert high-voltage electricity supplied to the substation by long-distance transmission lines to lower voltage which is then distributed from the substation to nearby homes and businesses. TNMP will connect to the BESS project through infrastructure upgrades within TNMP's existing land rights. At its regular meeting on July 7, 2025, the Planning Board reviewed and approved a Detailed Site Plan for the requested rezoning upon certain conditions to be memorialized in a Development Agreement approved by the City Commission. The Zoning Commission held a public hearing upon notice to adjacent property owners on July 15, 2025. The Notice of the Zoning Commission Hearing was mailed to 4 property owners within 200 ft. No letters of opposition were received and no one appeared at the hearing held on July 15, 2025 to oppose the zoning change. After conducting the public hearing and having all questions answered by the Applicant the Zoning Commission voted 4-0 to recommend approval of the zoning change from District H Heavy Industrial to District SP Site Plan subject to the Detail Site Plan approved and the conditions recommend by the Planning Board. The Applicant agreed with the conditions and has provided a Development Agreement for approval by the City Commission.

RECOMMENDATION

Staff recommends approval of the Development Agreement with Red Egret LLC as a condition for the approval of the zoning changed from District H Heavy Industrial to District S P Site Plan for the 38.653 acre site located in an area south of the GCWA canal, north of Moses Bayou, east of South Humble Camp Rd., and west of property owned by the Galveston Bay Area Foundation.

Fiscal Impact

Attachments

FINAL Development Agreement

Resolution

Vicinity Map

Zoning Commission - Staff Report

Exhibits

Legal Description & Final Plat

Planning Board - Staff Report

Planning Board - Minutes 7.7.25

DRAFT Zoning Commission Minutes 7.15.2025- 7.15.2025

CITY COMMISSION REGULAR MTG

(8)(e)

Meeting Date:

08/06/2025

Adoption and submission of CDBG 2025-2029 Consolidated Plan and Annual Action Plan

Submitted For:

Titilayo Smith, Community Development/ Grant Admin

Submitted By:

Patricia Mata, Community Development/ Grant Admin

Department:

Community Development/ Grant Admin

Information

ACTION REQUEST

Consider and take action on approving the adoption of the 2025-2029 CDBG Consolidated Plan and 2025 Annual Action Plan, and the submission of said plans to the U.S Department of Housing and Urban Development (HUD).

BACKGROUND (Brief Summary)

The City of Texas City presents its 2025 Community Development Block Grant (CDBG) Consolidated Plan, which outlines a strategic vision for community investment over the next five years. This Plan serves as a blueprint for how the City will utilize CDBG funds to address critical housing and community development needs, improve infrastructure, and enhance the quality of life for residents, particularly those with low and moderate incomes. The Consolidated Plan reflects the City's commitment to creating a safe, inclusive, and resilient community through thoughtful planning and resource allocation. Guided by data, community input, and an understanding of local priorities, the Consolidated Plan (and 2025 Annual Action Plan) identifies key goals, measurable outcomes, and programmatic strategies for the 2025–2029 period. These efforts will support neighborhood revitalization, affordable housing initiatives, public services, and economic opportunities that benefit the entire community.

RECOMMENDATION

The Community Development Department recommends that the Commission approve the submission of the 2025-2029 CDBG Consolidated Plan and Annual Action Plan to the U.S. Department of Housing and Urban Development by the August 16, 2025, deadline.

Fiscal Impact

Funds Available Y/N:

Y

Amount Requested:

N/A

Source of Funds:

CDBG Entitlement Grant

Account #:

601

Fiscal Impact:

The City of Texas City anticipates a total Community Development Block Grant (CDBG) entitlement allocation of $432,691 for Program Year 2025.

Attachments

CDBG 2025-2029 CON PLAN & AAP

Resolution

CITY COMMISSION REGULAR MTG

(8)(f)

Meeting Date:

08/06/2025

Commissioners' Community Grant :Texas City Foursquare Church

Submitted For:

Patricia Mata, Community Development/ Grant Admin

Submitted By:

Patricia Mata, Community Development/ Grant Admin

Department:

Community Development/ Grant Admin

Information

ACTION REQUEST

Consider and approve the award of the Texas City Commission Community Grant to the Texas City Foursquare Church. The request is sponsored by Commissioner Knoxson for $1,500.00 to assist veterans in the community with groceries.

BACKGROUND (Brief Summary)

The Texas City Foursquare Church partners with various veteran support organizations and the Galveston County Food Bank to help ensure veterans have access to nutritious, quality food. The church operates under the International Church of the Foursquare Gospel, a recognized 501(c)(3) nonprofit religious organization.

RECOMMENDATION

It is the recommendation of the Community Development and Grant Administration Department to award the Commission Community Grant to Texas City Foursquare Church.

Fiscal Impact

Attachments

Commission Community Grant TC4S

Resolution

CITY COMMISSION REGULAR MTG

(9)(a)

Meeting Date:

08/06/2025

Consider and take action on the third reading and final adoption of Ordinance 2025-06, amending the Texas City Code of Ordinances by creating Chapter 162 entitled "Battery Energy Storage Systems" and Amending Title XV entitled "Land Usage", Chapter 160 entitled "Zoning" to designate Section 160.051 District S-P (Site Plan) as the zoning designation for Battery Energy Storage Systems and similar projects.

Submitted For:

Kim Golden, Transportation and Planning

Submitted By:

Curt Kelly, Transportation and Planning

Department:

Transportation and Planning

Information

ACTION REQUEST

Consider and take action on the THIRD READING AND FINAL ADOPTION of Ordinance 2025-06, amending the Texas City Code of Ordinances by creating Chapter 162 entitled "Battery Energy Storage Systems" and amending the Code of Ordinances Title XV entitled "Land Usage", Chapter 160 entitled "Zoning" to designate Section 160.051 District S-P (Site Plan) as the zoning designation for Battery Energy Storage Systems and similar projects.

BACKGROUND (Brief Summary)

Battery Electrical Storage Systems (BESS) are installations of large containers of batteries which are usually located close to an electrical power substation. The batteries charge during periods of low demand and then supplement the electric grid during periods of high demand. Locations close to an existing substation are essential for most of the projects. Texas City has two existing BESS installations at 505 34th Street N and 430 SH 146 N, and two approved sites on SH 146 (410 Hwy 146 N and 701 SH 146). All four locations are south of Palmer Hwy and in or near areas of existing industrial uses.

In 2020 and 2021, respectively, these installations were found to be most comparable to the District F-1 Outdoor Industrial zoning classification. Since 2022 and 2023 the applications have been processed for rezoning to District S-P as specific uses which are not normally found in zoning districts. Numerous pre-development inquiries have been received for sites located in various other zoning districts throughout the city, including several in close proximity to existing residential uses or zoning districts. Some of the proposed projects include energy generation as a component of the projects. During reviews of the various applications and presentations to the Planning Board and Zoning Commission, concerns have been expressed regarding risk of battery fire, contamination from site runoff, contamination of air and water byproducts of fire suppression in the event of catastrophic failure, and the ultimate cost of decommissioning.

The BESS installations are characterized by their developers as temporary installations. The review procedures of the District SP - Site Plan process were found to be the most thorough for evaluating the proposed projects in the various locations and zoning districts when presented. To provide for consistency and uniformity of review, the Zoning Commission is recommending District SP as the exclusive zoning classification for the BESS and similar projects.

Staff are also recommending the adoption of Chapter 162 Battery Energy Storage Systems to establish criteria for review of applications as well as requirements and limitations for screening, setbacks, landscaping, maximum impervious area, and other provisions etc. Adoption of Chapter 162 will provide guidance for potential applicants and developers and assist the Planning Board members, Zoning Commissioners and staff with standards for the consistent administration and application of the zoning and land use regulations to BESS and similar projects.

RECOMMENDATION

On March 25, 2025, the Zoning Commission voted to recommend the amendment to Section 160.051 to designate District SP Site Plan as the zoning district for Battery Energy Storage Systems and similar projects.

Staff recommends approval of Ordinance 2025-06 to create Chapter 162 entitled "Battery Energy Storage Systems" and to amend the Zoning Ordinance Section 160.051 to designate District S-P Site Plan as the zoning district for Battery Energy Storage Systems and similar projects. The Texas City Fire Marshal, Emergency Manager, Chief Building Official and City Attorney have assisted with the drafting and review of Chapter 162 Battery Energy Storage Systems and offer no objection to its adoption.

Fiscal Impact

Attachments

Final Draft Ordinance - 6.25-2025

Minutes

CITY COMMISSION REGULAR MTG

(9)(b)

Meeting Date:

08/06/2025

Second Reading of Ordinance 2025-14 establishing the Commission Rules of Procedure/Order of Business

Submitted By:

Rhomari Leigh, City Secretary

Department:

City Secretary

Information

ACTION REQUEST

Consideration and possible action on the second reading regarding adoption by ordinance, the Commission Rules of Procedure/Order of Business.

BACKGROUND (Brief Summary)

In accordance with the Texas City Charter, Article III, titled PROCEDURES OF THE COMMISSION; Legislation, Sec.1., Meeting of the Commission, the Commission shall, by Ordinance, determine its own rules of procedure.

Currently, there are no known rules and order of business that have been adopted by this or any previous Commission. Therefore, at the direction of Mayor Johnson, a workshop of the Commission was conducted on April 21, 2025, to begin the dialogue of developing the Commission Rules of Procedure/Order of Business to comply with the City Charter.

Prior to the workshop, staff gathered rules of procedure from other cities in the area to develop a framework for the Commission to begin the discussion. At the workshop, the Commission discussed and debated a draft set of rules of procedure.

Following the workshop, Mayor Johnson emailed the Commission on May 30, 2025, requesting them to individually provide any additional input or suggestions beyond what was shared at the workshop and submit them to him by Friday, June 27th for consideration by the Commission on July 16, 2025.

As a result of the comments provided and consultation with staff, please note the attached Commission Rules of Procedure/Order of Business for consideration.

RECOMMENDATION

Staff recommends the City Commission consider the attached Commission Rules of Procedure/Order of Business.

Fiscal Impact

Attachments

Commission Rules of Procedures

CITY COMMISSION REGULAR MTG

(9)(c)

Meeting Date:

08/06/2025

Consider and take action on proposed ad valorem tax rate (Fiscal Year 2026 – October 1, 2025 to September 30, 2026) by record vote and schedule public hearings, if necessary.

Submitted For:

Finance Department, Finance

Submitted By:

Finance Department, Finance

Department:

Finance

Information

ACTION REQUEST

Vote to propose a tax rate for 2025 and set a public hearing date for September 3, 2025, at 5:00 p.m, if necessary.

BACKGROUND (Brief Summary)

The Galveston County Appraisal District (GCAD) is responsible for appraising property values within Galveston County. The City of Texas City partners with the Galveston County Tax Office—an entity separate from GCAD—for Tax Assessor/Collector services, including the calculation of property tax rates in accordance with the Texas Tax Code.
Based on the certified calculations provided by the Tax Assessor/Collector, the following rates have been submitted to the City of Texas City:

No-New-Revenue Tax Rate: $0.478433/$100 of taxable valuation
Voter-Approval Tax Rate: $0.645627/$100 of taxable valuation

The recommended tax rate for the 2025 fiscal year is $0.478433 per $100 of taxable valuation, or 47.8433 cents, which is lower than the 2024 Property Tax Rate of $0.488635

During this meeting, the City Commission will:

Review and discuss the proposed tax rate
Take a record vote on the proposed rate
If the proposed rate exceeds the No-New-Revenue Tax Rate, direct staff to publish a notice and set the date and time for a public hearing in accordance with statutory requirements.

RECOMMENDATION

Consider and take action on the proposed tax rate for 2025 by record vote and set a public hearing date for September 3, 2025, at 5:00 p.m., if necessary.

Fiscal Impact

Attachments

Notice of Tax Rate

TNT Calculation

Staff Report Updated

CITY COMMISSION REGULAR MTG

(9)(d)

Meeting Date:

08/06/2025

Ordinance Amending Fire Department Classifications of Positions

Submitted For:

Dennis Harris, Fire Department

Submitted By:

Dennis Harris, Fire Department

Department:

Fire Department

Information

ACTION REQUEST

Consider and take action on an Ordinance amending the Fire Department Classification Plan to reflect one (1) fewer position in the classification of Captain and one (1) additional position in the classification of Firefighter; the total number of authorized Fire Department personnel will remain unchanged.

BACKGROUND (Brief Summary)

Following the retirement of Captain Wendell Wiley on July 20, 2025, the Fire Department must make an adjustment to its staffing classifications. In order to meet operational staffing demands and remain compliant with civil service timelines and requirements, we are reducing the number of budgeted positions in the classification of Captain by one (1) and increasing the number of budgeted positions in the classification of Firefighter by one (1).

This adjustment ensures the department maintains flexibility in assignment and staffing while aligning with civil service rules and operational needs. Please note that this reclassification will not increase the overall number of authorized personnel within the Fire Department; the total staffing levels will remain unchanged.

RECOMMENDATION

I respectfully recommend amending the Fire Department's Classification Plan to reclassify one (1) position from Captain to Firefighter.

Fiscal Impact

Funds Available Y/N:

Y

Amount Requested:

0

Source of Funds:

Fire Department Salaries budget

Account #:

10120251010

Fiscal Impact:

The proposed action is cost-neutral in terms of total staffing and results in a modest, positive fiscal impact due to the difference in classification pay. The funds are available to support this adjustment in the current budget.

Attachments

Ordinance