Nueces County discusses ARPA MOUs, aims to earmark ARPA funds for Bob Hall Pier concession building

Nueces County Commissioners Court spent the bulk of its Nov. 19 meeting reviewing options to obligate American Rescue Plan Act (ARPA) funds through department memorandums of understanding (MOUs) and contract amendments. Court staff and GrantWorks recommended separating MOUs by department and using MOUs as a “backstop” if contract amendments cannot be finalized before the court’s Dec. 11 session.

Staff said an amendment that would specify the ARPA contribution to the Bob Hall Pier project is planned for the Dec. 11 court docket, but the amendment “hasn’t been brought to court yet” and the exact amount has varied in recent drafts. Staff recommended clearly stating the ARPA dollar amount in the amendment and, as a contingency, placing the project on department MOUs so funds are reserved if the contract is not fully executed by Dec. 11. “We would recommend the amendment first, but it hasn’t been brought to court yet. It’s planned for court for 12/11,” Theresa (county staff) said.

County leaders and staff debated whether to allocate ARPA dollars to the pier structure or to the county-owned building that would house the third-party concessionaire. GrantWorks and county staff advised that keeping ARPA funds dedicated to one element (the concession building only) would make the audit trail clearer and simplify compliance: “We would recommend that whatever decision is made ... it’s clear on where the money went,” a county staff member said. The court discussed that the pier itself may qualify under a different ARPA eligibility category (open spaces/amenities) while the county-owned building could fit under 6.1 revenue-loss reporting.

Officials discussed several other constraints and deadlines: U.S. Treasury ARPA guidance and the county’s reporting categories (including 6.1 revenue loss) limit how funds are coded; the county noted a $10,000,000 revenue-loss cap referenced in the meeting and that ARPA funds must be expended by the end of 2026. Staff also reported unallocated precinct balances available for immediate assignment: Precinct 1 $22,423; Precinct 2 $65,495.52; countywide $95,972.92 — a combined $183,891.44 currently unassigned and eligible to be placed on MOUs if commissioners provide scope details.

Other topics included a request from Precinct 3 to create two positions under the precinct office (the court recorded strong opposition by at least one commissioner), questions about whether previously used practice of applying ARPA to law enforcement compensation remains allowed under updated Treasury guidance, and confirmation that teams would prepare MOUs, templates and project lists ahead of the Dec. 11 court deadline. Purchasing staff (Michael and Jason) were identified as working on the Bob Hall Pier contract amendment and indicated the amendment and payment schedule would be ready in time. Michael Robinson said he expected the Bob Hall amendment to be ready for the Dec. 11 docket and that, if the contract is signed that day, that would remove the need to keep the item on the MOU list.

No formal vote occurred on any ARPA allocation during the meeting. Staff were directed to gather project lists, finalize MOU language where possible, and submit MOUs to the county attorney’s office and purchasing with enough time for review before the Dec. 11 court session. Purchasing staff and the county attorney’s office will continue to prepare contract amendments where appropriate and leave items on MOUs as contingencies until a contract is fully executed.