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ORDINANCES ORDERS AND RESOLUTIONS 1930 THRU 95-11_ROLL 1 (2) c(� CONTROL TEST TARGET Kodak Quality Monitoring Program ® 100 mm 200 mm 0 2.8 I�2.5 $_- QIN� 111112.55 2.a —_ VIII I 0 L'° 1122 lull2.5_ VIII 1.0 22 VIII I.O ' 32 11111_ 11111 2 �® 2.2 ®� 1111122_z 111112.0 2 IIII .8 iiiii-$ ® 1111I�i.25VIII''-4 1111111 ��x..25 VIII ''-4 VIII'' ��'.25 VIII '.a (1111''_6 3 3 LINBACKGROUND E v ab[c°a Een69°"63i KsuMm ry"Oo au°9 n�5s i�u"ww.K.vvII°�23c 56cB9 i0��2��<15�6��a 192°21 22232a 25.'1 2']8293°3 32333<35]6313839 a0+�<]<3«n5 aE 11 as 19! Aa Bb CC DE Ea FI Gg Hh 6Jl Kt LiMm Mn Oo P009 flr 5s Ti Uu V.Ww X.YY 2201 234561891011 1213 t4 15 18 11 18 19 20 Z1 22 23 21 21 21 2)28 29 30 31 32 33 34 35 36 31 31 Aa Bb Cc Dd Ee Ff Gg Hh Ii JI Kk LI Mm Nn Oo Pp Qq Rr Ss Tt Uu Vv Ww Xx YY Zz 123456789101112131415161718192021222324 Aa Bb Cc Dd Ee Ff Gg Hh Ii Jj Kk LI Mm Nn Oo Pp Qq Rr Ss Tt Uu Vv Ww Xx YY Zz 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Aa Bb Cc Dd Ee Ff Gg Hh li Jj Kk LI Mm Nn Oo Pp Qq Rr Ss Tt Uu Vv Ww Xx YY Zz 1 2 3 4 5 6 7 8 9 1 ® o 3 3 Processing & Micropublishing Services A-2209 Business Systems Markets Division 10/80 MICROPHOTOGRAPHY Produced By: The Texas State Library State Records Center Records Management Division 4400 Shoal Creek Blvd. Box 12927, Austin, TX 78711 (512) 454-2705 Microfilming Target RMD 204(August 1987) Texas State Library State Records Center II START OF REEL NCIml Microfilming Target TMD 202(August 7987) Reproduction of this form at the agency Texas State Library Stale Records Center level is authorized. CITY OF HUNTSVILLE CITY SECRETARY ORDINANCES, ORDERS AND � RESOLUTIONS TITLE PAGE This microfilm contains (_/i��iAIANL'ES OR�t 2S R�� /1c5oL�TTdNs J (records series title) of �/� 0" Z (JAlTSY/L,L� (local go emment and/or subordinate organizational unit(s)) Roll Number Oi hgn - /a 1995 Date(s)bf Records Series RI-5 060 le44S Title of Records(if not obvious from records series title) Restriction or Classification Information(if necessary) Bibliographic Information (if any) LRD MF6 (Rev.2/92) RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILL: Noe � RESSOI,UTION PY CITY COUNCIL OF THE CITY o' ,I HUNTSVILLE, TE-CAS, AUTUORIAING TKL 7WZOR AND CIT] SECRETARY TO E-CECUTE A QUITMATI' DEED OF AVE N 3EVI-1 EN 17th. AND 19th. STREETS IN CITY OF HDTITSVILL:� TEXAS,' TO ME, STATE OF 1EX1S FOR TH's USE AND BiTEFT1 OF l:T✓ SA.I HC•USTON STATE TEACII'RS COLLEGE AT HTTNT:S'ILLE, TE-CAS i -- Whereas,it has become necessary and desirable for the I' best interests of the City of Huntsville; the public, and the Sam Houston State Teachers College, that that part of Avenue y� N (formerly knowrn as Farris Street) in the City of HuDtsville,i r I � Texas, 'lying between the South line of 17th. Street (formerly i known as Alcalde Street) and the North line of 19th. Street I� (formerly known as Normal Park Road) be conveyed to the State of Texas for the use and beref -t of 'tile Sam Houston State Teach- :, IIers College at Huntsville, Te-,as, to be used by said college as its governing board may deera advisable; I NOW, =.REFORE,B_ IT RESO:?_M b-_r the City Council of the I I' C .tv of Huntsville, Texas; in regular meeting, this the 3rd. day IIof June A. D. 1930, a quorum thereof being present, that the lRlayor of said 8ity of Huntsville, and the Secretary of same, be and are hereby authorized to execute and deliver for and in the name of the Citr of Huntsville, Texas, to the State of Texas for I the use and benefit of the Sam=Houston State Teachers College at i'. Huntsville, Texas, in consideration of the move and forego .r_g Ij premises, a deed quitclaiming, a:-1 of the ri; '°.t, title and i?iter- ' est wrhieh t', said Cisy of Ii' rit>vi1...e no r ha'- in and to the y 1 p_o ext to be oe- above mentioned nor sows of say Avenue N, sail r ' J cupied and used ia„ said College for an-,r and all purposes as the II govern"n-" a'illc-_orities thereof ma's see fit. j Referred to the CoLsnittee on ordinances and Resolutior_s re-id heredf in open 30 aft r re1.._ � D. 1 9� June A. � this 3rd. da-� o_ J'z i / 7 I Council. 'Je, ;;Tour Committee on Ordinances and Resolutions, having consider ;he above and foraoinr r ,o'-ztion, resort the and recoiiend that the same do II �/ RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO 1000-05 CONTENTS OF FILE: Resolution 32 GSU Easement ,i HYMETION OF Mt CYT$ 00IM91L CTS THA CITY' OF HU79T'u"'S►zI L., T.�UB, ATJ T t RI7 HZDM 1 HYF i TO AR- QtIIi3>s EY9 ^x b"iiG3Y ,.M+ITG.. T r REAL is TOr3"r� FCn .T#iG 7QCl�'f2 aC+ t 7 DTMed,_n}� "su l ;Ci Ser �P I011 ID ^.ITY rpD TEs`S . kC3 &3..GS3 [ t * _f,'is3A, I,�'+22iJr r Tfi:d SAID GU1Y SIV:F1 JTYIITZ 'Owi L ARIV,:O F.iM SAID :PCPT"ICYN TO M I:ATEP I RZ•?S OV SAID 01TY, AND PURTX;AM,icU'viviiixzn61 THL, &AYOR TO %XROUTE AIR Y;P S.t IMT FOR A TKV O LIS lr Nna YEARS 3')3.1` 1 TY'G ^`,I J GLIUV £ ATEZ 3.T31Ll T!,`Z6 0 .:nI7Y T£� (Y10UPY A s C1�s, ICT, OF AVNIV.v I (TR',Vll" "T'M?T) 1XI10 V `.T G? A iD ADJACiQ;T nG Tf I4�Ct'''.itTY 01� SAID txi:tTi STRTF'S f TILITI S OQZ;sAVY IN A.U)CX 39, OF SAID CITY O MJrT.NIT,i�:, AT.fa ktzs('IDARING AV . "CY. BE IT R BOLVIO by the City council of the City of Htwte- vIlle, Texas, in Council assembleds That the Vayor of the City of Huntsvilloo Texaco In hOreby exprecely authorlZed, empowered an0 direeteed to negotioto with and .voce t frog.thea Gtt1S %State# 'Utilities Cor.tpwy a dead of quit claim and easement covering the following property for the I000tion of the new Orravcl Walled Water Well to be installed for said Clays and a1aC: en eacament over the property of mid Gulf states Utilities COmPB: Y leading from said loontion for said wall to the mains of the City, of :€untsvilim, Texas, within Avenue Io on the east aide of which Avenue the property of said Oulf States Btilitiae ftmpany rabuta, Teeing more fully deaeribed a.m.follovie, to-wits A plot of ground ten feet square, BHGn1NIT,0 at rs point on thee South lire of the property owned by the Gulf States Utilities ' Comp y' Ili Block 39,, aecordift to the--ay and plat of the City of 'Huntsville, Taxes, 65 fact East from the southwest corder of maid property mar"d by an iron piper set a wnoden stake for corners TIU2,tI3v' Iaorth 10 feet, eat a noadan stake far trornorl Th;aliCS 1"t 10 feet' pet .6 wooden eta,3sa for corner# TMICE South 10 feet, sat--a wooden atak* for corner in the South boundary line of the property ov§red b* said Gulf 5ta.tes Utilities G,arnpany in paid Block 398 Tii"tMUM West with said line 10 feet to the place of begirMI09r y A100 1121 .ea$ement far ths'purposo ©f sAeadtni mater"Ma s l7Fivan,thel`:eatex vv1e31 to,be Munk and ibstalled an the abate >aaatianesd acatIvn;'cavoo of #+, strip or gtia #oe treat lridaa>xt saia$. p1l�nixaY lv�th #3ee1 Fao111 b0u2tt11!g Ii»d'of•I�xid #kplS t3etae Lltilitie8 tlq le►z�y n�r the Qdt ClBat corvior of WO plat of *4,above doe, i' vl2riba�t* e�Ytd i®irtB2tei#21g thecae est " feet'._ttA 'the, Tast Ilvic of tkq. p tgp+rrRy 'dvet►sd bg. the dt1f 5tsttso U.'itie0`C" ' An sold Moak, tllAlanre extart2dii3g.to tttavraLer halm 6f eetia 'alty.sxton.ing Bwr5i1 ' SmAkl2adr.,the denter Time of Av orml,e'I,; e 3 Tt3`P#ATkNA _kYXX 1Drx, in. sidDr�atLim vd in Haar"a8 pxesl3esarr L1iat, tha'.l ar ba s7sd y e i"g ttelaby at2ihalri*ad�, am- �16Atlredd}1Peetad t6 r1aRe wexcom$O AZgd doi iVa2` frA the mid lftte ; tea tat 3 es; ti►y i1» aiaaamant It perl6 4 1 6f a'not r-oill'k (90 �alaxlB ana%orisi.ng said :ftlf states U0101 P*` ttb preps iib-nes aVve lsy it 9r is be do" and evemo- IhIng v.pan that 'rt ,"fturi e'I veL.West of Ams s J9�600t to the gropsr$p,ire ge~tri 331hckr$4 rsRnud by send t3orsgeaayo;- #al2oveep tcs.vpiLa GM=,G ut the Vorthgaet:aa,rnei of as 4 aAvOk-39# aoaord. ing to thi+.map artd plat of.that-Ci Eq c1f.Auntanril2ay;3'aaeas.• o bait}g -b9 ext in":the acmero q paTehu . k{ etx# 2t1 .; est t@_ at$ke tar aeraerf"`TtII G]S_$Doth,.eithla iA4 Avenue Z 2025 Peel.,aat.w ¢den ata3ta far o1er vrith*n.said.bsanns T at a;.pa#at 1L R set Alast ef.th$ ao+ihaeat "earner of #tie.pray$rty urrtad bat Cla1f 3tett.ee tfLR2it3aa' t3sno 2yy`3 sssRQ 731as2c Tki CB: at.12"teet to an i-ron_`pip8 fer oornar#': it1R Zdortyt:with the FletaZ bou»dery-liaa3 oR.'+e$1d Blook 384 203 Pest rb te plasle of voilltniaga 3_ Z0 P€TR1 T!Et ft�Yt32< H "diet$ the Stsyos b6f Ond"10 ia.herol>y ilv an- orieed ai,$'eapov►a'ec'ed to deliver to said qu:tf ��atag Tttilit#ea: f .f �` Daley aY raper:eaaememt',to std; props tq within'Xtait ztraet`am tis ` r+�drive fxitim=dae<ld';Company: ensomet eitlQ �r for:-e#11c� 'far mai40:"ager said -Patilr 'ae 3 k 1' -2 c s' to Y n1 f t 3 # �}i(!.TOregOing $e8tl]S3tfi�T! 9dete Teferr0d 0 the .motel' ti4tep 1by,it duly oon eiderod and reported-Udk ttl t O COD 01 ' Vrjth ►p �► ender io�a that Ab *O#o be aoio tid, a� �sr J f :x *�` � 4,�P°1�TSA A�'i$1 A�PRDSt,�tt �ri Dpl�9l t�t1l�il 8t e, Spe►��1 J�iSil�ti�B �tts xe0f, t a0roae,tolog grome nt ?�1 Shia .w..:.., 0! rechw.X 2• F is !• k a � f a - 3� k a u t' 3^td 3 - Ha a Syr � s r s� a F � � � w � .y5 r xN 7J �`�1 v.{,� t ��t s •� RECORDS SERIES TLCLE: Ordinances,Orders,Resolutions SCT]EDULE NO.: 1000-05 CONTENTS OF FILE: 1�eSc�,u-�L�n u rr CI prim oe�o - hmvqs IW E� lM2Lka- RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR AND CITY SECRETARY TO EXECUTE A QUIT CLAIM DEED CONVEYIP:G A CERTAIN TRACT OF LAND WITHIN THE CITY LIMITS OF THE CITY CF HUNTSVILT , TEXAS, TO WALKER COUNTY, TEXAS, FOR THE PURPOSE OF CONSTRUCTING THEREON A COUNTY JAIL, AND RECITING THE CONSIDERATION THEREFOR. WHEREAS, the Council of the City of Huntsville, did by reso- lution dated September 12th, 1933, duly of record in Book G, page 503, of the Minutes of the City Council of the Gity of Huntsville, Texas, authorize the Mayor of said City and the City Secretary to execute and deliver to Walker County, Texas, a quit claim deed to certain lands and premises in the'City of Huntsville, then owned by said city of Huntsville, upon the terms and conditions set out in said resolution; and WHEREAS, said Mayor and said secretary did on the 12th day of September, 1933, make, execute and deliver to said walker County.a deed to the lands and premises described in said resolution, and it has now been ascertained by a re-survey of said lands and premises that the lands and premises so conveyed by said City of Huntsville F to said stalker Bounty, Texas, were not, in fact, owned by said City, and it is desirable to execute a quit claim deed conveying to said Walker County, Texas, the lands and premises actually owned by said Q.ity for the purpose of constructing thereon a county jail; and WHEREAS, the conditions set forth in said resolution have pot changed, and it is to the best interest of said City of Huntsville that the contract and agreement by and between Walker County, Texas, ' and said City, as fully set forth in said resolution, be in all things carried out, and said walker County has agreed to construct upon said lands and premises and is now actually cons tructing thereon a county jail, and has agreed, as a part of the consideration for v aid conveyance, that said City of Huntsville may use said jail for city prisoners without any charge therefor, save and except the cost of feeding any such city prisoners confined in said jail, and said City of Huntsville has agreed to furnish to said walker Oounty,T'exas, for use in said jail, free of any charge whatsoever, ten thousand (10,000) gallons of water per month, and to allow said Walker county, Texas, free use of the city sewer facilities and said Walker County, lexas, has further agreed to pay said pity for all water used by it.at said jail in excess of ten thousand gallons per month at the regular rates of said pity of Huntsville: NOW, THEREFORE, BE IT RESOLVED by the City Council of the Mity of Huntsville, texas, at Recess meeting, this day of January, 1935, a quorum thereof being present, that the Mayor of the G'ity of Huntsville, Texas, and its Secretary, be and they are hereby authorized and empowered to execute and deliver for and on behalf of the 4ity of Huntsville, 'Texas, to Walker County, Texas, upon the terms and for the consideration as set forth in this reso- lution and in the resolution duly of record in Hook G, page 503, of the Minutes of this council, a quit claim deed to all of the right, title and interest, which the said City of Huntsville, texas, now has in and to the following described lot or parcel of lands- 15eing out of and a part of the P Gray League, Abstract No. 24,- inWalker County, Texas, and within the City Limits of' the Uity of Huntsville, lexas, and being parts of Lots Nos. one, two, four & five, in clock No. One (1) of said City,.and further described by metes and bounds as follows, to-wit: BEGINNING at a point 182 feet North and 6 ft. East from the Southeast corner of -lock No. One (1) in the City of Huntsville, Texas, a car axle for corner, (same being 6 ft. East and 18 ft. South from the Northeast corner of Lot No. One (1) in said -look No. One (1); F 2 THENCE North 80 ft, with main street or Avenue "K° 'fest boundary line as now used, car axle for corner; THENCE Vest at 6 ft, cross the West boundary line of uain Otreet or Avenue "K* , 81 ft. cross +'est line of Lot No. 4 and East line of Lot No. 5, 88 ft, to iron stake for corner,- THENCE orner;THElCE South 80 ft, to car axle for corner; THENCE East at 7 ft. cross the hast line of Lot No. 2, and West line of Lot No. 1, 88 ft, to the place of Beginning, contain- ing 7040 sq. ft. of land, more or less. Said deed to recite therein that it is given in lieu of and in- stead of the deed heretofore executed by saidf;ity of Huntsville to said Walker County, dated the 17.4 day of September, 1933. Referred to the committee on Ordinances and resolutions this - the ?8`tday of Tanuary, 1935, after the same had been read in open council. 9ayo—Tr,City of Huntsville, Iexas. We, your Committee on Ordinances and "esolutions, having con- sidered the above and foregoing resolutions, report the same favorably, and recommend that it do pass. 1 Committee on Ordinances and liesolu- tions. 5�L. J � x � hk�i q6 �X- � •i S F bt f f i n 'i*s u �1* 7J.1 OF T. AfiG�.ai} X41He' fl Q`i`F'nW'y i 4 S} �fSY }id 7ti'+ y�4. 'PRR9f�t' € ` ' € ThatWhareat�, by deed d 19331 h Hun_'tov331e �e�ca�.r^# �i eeQuted and �d #vd�tfa -sh-t •Qity +A',, b31cez' aour�tyt Taxan 'a certain deed QfQonw4yhlnA e dii`lyr' �i,xaaord r ' , 1,; bkdk ' 380 Of: ; a y - y�� d(� �QY?� unto '8aid 1QIa1aC81}' a�kl�nttv '� 6iFSf441'ta�nY�Qt $$ 3 ��r pesr�eFl�gf.�'�ana Y.i9 the�nity of xuntavil , and` ��' !V,[lad be�� aQaS ,-(.WBV,}; 'g tMadnntr olid city 7" �` 'ce;�,�� dieae,c1.ea�tribed in.the ai'oragaid d�aed 1[ere nod �� y r _ ofHdnriIla and it let daeir88 of the paries teratb t utedby ®aid Qfutvt�le� � � �srre0tgn deed tie axeg s ap �+�p W]di �e � IEayQr 0`1101 � ?e � of Hctnt s zy ' � aOf�TArLO city "5erexaff, and Kat BBrr �OOa, 8@OTetary # - acting:for,gni¢n bshaifh o£JA acidti dQ l tg, ; �' e thorny yet, _e p reels utY" of tlza Qit�$ � iy�f virtueof th �- p� pie xaxas '�e8nd �f��ln'�.�� _ .�� `af�.reword min the5.minntea Of 'eaie� gityiQUnn0 i1i�1tK��the�6t9.+qday► Qf i 2 :r,� `�� xr h # fox{theoeea`and Ooneiderat2op reQited in:paid *' s T�t?uaryy 1 55y Pux'P. 3 ^ � �'are'`eon, t'tioi7,��anda�bese-Jfnafter Feet outs d0by t P x� r; Y ' S a � A]qD QQI�,da unto °alker,Qount • Taccasy for its u as a eta 2r t <Of A a F ail and�o lie aped,ae^eu�h by ` ' d`oity ofunfi�evilie in and}t0 2*I-:;$ }'+amt 'the ,r3(:ht♦ tittle and int8raat " that ortain `lot a;'paxoel of lepd tcithSn theoorporat�} 11m3te bfu a o3ty o'p�uhtay37.le� and d.eec�3bed bq mates=and'bounda Ia-'a 011t 6f atfd a Part Of the P 3r Y'Qa i7 , r ' MR a y y * Qitz Of s � z Count3►x Tgxae J. apd`w�thn theQi'tyyt+imiteof� be 7C, .,,.• ,-- `—,""L' t n�iV4 IS- 'F k $#�_g �� - , - ' . ..rte • r;s , nt i1 B� B ere, engi,*eing, arts 6d Lots Bos• dne�'tFds four & ' s � ` } ie 1nBY4ak�No. One :(2) of said Citys and further deBorib®d Thy y 12 ` < ��, 9��, B1�GIRR3NGF`t'it a point xi82 fee'��'�rorth_abd 8 ft. �aet&isom the � rthe�at¢oar �; offoal� Noh}Ong (i) Ehe eit�r�of Hnnt9vi�iei ` `� xa �QQar #ixle for'oo�rnerss �eame beil�g d fir met anti Y8 ft, x �. ` Oris (1) in eid Hleok " k , outu fs ml"the NoxtlieaeL aornBr Of yat So.' "� - *<:�� T, C��or�h RO�f-t. with main�gtreet ox AVBnaB egN.WBet y �"bonndaray�3d.ne-ab Hoar u�ad, ae.r eerie: fbr roorner, # - t�� rx ;# y� t lAOSkR+eetHat 6,tfti fore r� thetrMBst't?OundarY Line of 34ain' �' ' �Eieet b °Avenn$ "K'� Bi f$; oxoea oat�13he df Znto�rA andaet �snx r�`� 3n�s�`',sS�''�z�o'tYNo, 5� $8 ,fti toirpn et>ake fdr Qo�he�rt �� S $o>th"80�3 � ttlsisar axle far ooxnBri 4 rrttG'Sra�t� 7T, groes tYe.Bastitier ei' Zct"itbr fir'g � �' 4 n�5`�is '�,�`a�Er^o4,+klot Ror �''s' 8$ ft yto the p38C,9 afwDeginT��nBid�oritaiTtiTlg $' `�. 190 B9 ft.� oP inn$* 4nore o ieea. n 60,3 1 14= TO FIORD he abovB eepr ibed pfentjgea;RENJ Qgep � " ith a11,and eipgu7ax 4the rig4hte land atppgTtena�i0eh thereto in any, fi lie' T SOs its use�ond b f , ep bai0igir$#unto the seri$;Walker�Countyf Rath Y , NsanfY� ai^ pity �o hat'�hr the"xeaid Oit of ire�rlie� ; yiexasi narsnyong os3siming underii . at Btiy t�169hsr�; tq�r� , hl1ails1 � havA� olaim or`demand"any right or :tit1B to the eSQrBidp7r3mit3ee= x F• v r titx rap rt ranojuj Ox s? ►WLP G;the�eoi� eacBgt ere he a na Loxi,ipro• t F+ k+aji � z ` It ire understood`and ag'rhed that this deeds m�da ipetead af, sera dBed 'd t' d $e tamr e _� a�933 'duly j'"33.u"a* vUyp,34i�i3 OI'f �. +' 74, o f A }�ieaD d s��3n Beiok 7�yY page $q�"of y Che salkar 0yg�y.f oaU'A_ 0 dey r ' s�r� pdy aoo4g"ted by said o�ognal�in�'lien a#�dxin�teed�tt�e�eaf� ,- r � ?-, a 3.YE• x 'r- Y 1 stipulated thgt the lands end premised t r G-= >�?� �Bxe3n deeorlbec( and agnveyed fehall''Abe weed brY' e✓�idx '�7;1s y � y ; 1" 'as a�lAi� sitey and �h�he title hereby aorW 4d sh�]1 remaink� n� nit _ to ti dir ...Ceymd h� � '} �' h,'Sy t a � •_ -41 t� �; � t� p r ty i % '• : . v r mt 'gy'a �s 1 f 'w dales �� t'a��e��Qppnty,� Tesae� only soz+long ea said ]end's ard�i�aed Por art � � � " _ V7 a�}giuzg�Aeys?�tidr'ehadld @aid;'lands Casae@ to be uae0 by';eaidWalky�" reit@'Tor said aoUrtyp then to title to said, `' a � 'q latida pr$tniaa0, MI7 revert,ta the grantor h@ hin F Ztt�l� ep rep y jt vid@d{that as a�part,Of ChB oan@!d@rat3ot► ,i` `=mut" f Ci'a; t' r a'` . Por '' `�' '' �'��fas �g�oonv�oyano@� 'the oity' of,�$uxat�evi�+le$eheli�ha�i@ the ��gtit�taF� '��i Y S 4 I n i; ," itl►N a ,,�a l f rr the pyrpose sof o�nfi11 rjg 1t�a grl.eonerQ t said" e t of Huntevill@ `{ 4 , xA i Y i �xoegt Cha aata�al Boot'&of ��+� �:o�d�iag a�sti�t �r�atlt�@re„ and, as a dart of the conodA@`ralot� �b�r;$th;@ ,�,�� yi 1 y r F ; k@8 4 e6u ��al1 by aa9d oltyloa ae abov@ provided*"eaid� ltq agnea _ , ��,�to�f�r�pieh oto b�'lleer �oanty, �sxa�� dor e�ae�,in eaig��a�31�a free _ai"a �, yy s soy#cT�ep �ha�stlev® a tet� koeat�d 00) ga1sQ#water ? Pei;month r�ati!iFwalkex �pnntY agr�e6 iLb°pyy gaidiby f oke all_ r # sr r =watA <m e q it p exotla @`trf ten rths aand r'�"# :ea110pe@7. 0 �,`.tl! at � the, gctil' r5rate;q,0.0 uaeraaf aitq waterer ansi laid 8itq v � ��trthgrgreee to}rmake no opargga against o3d dal Coyntq� Tezag� io�c„use o lta aet@�c fa¢fiit3es°innaonneation wit? n to ag;e@d ,that the aotla tarso@ 'tlf thfa ds@dby. Awa na++«y p "F fd xk ea a Y.Y 2 aha11 aoneY tote°a aontraot b " s�d#betty q and laid fSovsrt�q� w ya e8p�eaid�oit P yFip r rraR,Zlndifny g(T s z S r hatgt< 8 AtlYe .191, - T3 � ona o an�l>a"onddtif�thtn ¢aed, a d ah�Il�cCanet tuta �°f �� reieaseo aafd city of.: unteville from=a1libi7ity sbgreason` x �a �oa th@ eout�on s,o than afov@eai d@ed'`d&ted �eptetab x 12th!t1933` t ^ <rabo�@d�» o�tme 74� pags`3&S�foftheeificer �SoubtY,x be@dReoaxde, r { �rI as the 4orpQxat@ nam$@ of easd city of HgntyDville ai; n eoribad'hex A +by w ilder, Statl[Ryor0�and Cha�oorAtrat@ aeal i, : + r 5 l3h 3 s 5Ft P affilk @d hereto by Rate Marx RoeB� ltts 9eor@tarq� nid6tY , `` a, fs 3atNaPY�-'1935.�' r. f- �'� ' THE OF Hi1NTSVI7,I$� T�XAB Rs x � t RETAR t ti S ty S .ct ',3r�as��..�s,>.a« _�•�r,�.:' �,��r��,.x��.ri*. ,.,�.,, �A'�r us .'`,,,....r :.t_• ..:-'��'Xx.?��!: k way .sx ..,: r P z7 n""kr�Y �o' ��,. ,�'j'�,-,r3"s,.� , �-- , --y � � , >-z r ',� x t xa, p 1. �` �1.x , 3 , Sr v ; , zrr � s� . a r T 5 ra'N #, tri} % ', n �r W , ', "3 M Y a p1 x ; xsref " r. .2 5 -r� Ary x pA�y d .r ,..��yy C, &, .t•: ip, r tI �i 4 'M k 11 11 11 i y e L � s� �f.+pUgTY Qh'r W aAZSRR ja H�80R �76R, 5 � r - ° � o7rlf Publla !n aid err Aker CDu�ir � sbthte days k t < s w P,P-_ ally ppeare, IL�'1.1exy tfo�n tO`=$'-%,o"'be the pera9n ap ,, 'O 4'fide poee namQ is.iaubgaribed to tha fgre oing ¢uetrnment, } -fF apd sakbbt;d$ged to me that ha exeouted the same:fai* the push le g ; rt11LLLL } K edaanetdetioh tti�reir{,xp� e in#fie aap�6itytheenfia, 1 ;etatedt and as .'the aQ.t and deed oY the`C t oY f�uritAV * ' 11 l y3 y g ,y fi®6c&e. a .tl ,.1. ., IYSN ONJ?SR_ 11 7dY HA1QD A"433iL C�1.OFSICTs� t § �day ` � r �I r;Via" ,-i �Tan1]6g4+�► 193$y �-�s � vxa ¢w . . fry 3* , r" r r 3� {,A r A C b �" P �r V i Q 8t1y�31b Qy ` LL � fi �.�� n v r , t r - r i 'P r Ilk �r+ s r .�' i 3r,. r 7d� 'L't;i C ST F $ ! u t t ,, 't i; ,J&�, s., 3 �y- r F ,,f { i dz t� 1. � �" sh• r f t { 3 x.� t r r i4= 1: r �` i z° ,''' MM y{ .+` S's�. ,Y,'' 1. ° '� - t' .,,,, �` � t F , X x" k r„., 'x` � t,L r ;$,2 1'41- , ,� "". i n r � 11��W �3n :—A �. x $ .. ,` ""mar *man '' x r r( ( ' - t - aye, , , F $,s 3i ~J Z `n e "'- t } 53`",. i 3 x ✓r` s a. S.<,g,ac R.fish*.yvk -! P 1 ,.y r Jsy 'a . � r�' $ "'"'� �,` tit .N {,'. sg `f y¢°'# > t 't't�3 trx s "' ) c ,�i a-r r'yI u.+ �k f'+, q�Ap '" o ,� kA t Y y t` �t�t# txi I 'I �. kc er'",x x ,, r 'S ,�.�., +s'; t & rpt % 4 s # 11 n � $. -� .. � - a 'a;€ f , a o x c �` A- Y oaf Gy +, t F l * �� ° ..��,� ,� r�;. `y a a� �J �.. ,ru.. .,.—,",. ,'.;. 'c ..-x1 ..,_ ..,t x.-41. '�,a.,- -,.,.t�,.,.� f :� ,.'.' .' `�- ,..o RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 45 Airport Land RESOLUTION `WHEREAS, the'City of Huntsville has:heretofore-aagnired'a::Cerfcai.n traot of:land out of the Warren Birdsell Leanne,A-6, Walkgr County,, Texas, 'for airport purposes;: Y and, ' WHESEAS, a.portion of said property as hereihafter.descri6d_ie-needed W::the State Highxay;Aepartment,for rig& of,tiray.purposes for�xxterstite"Highway 45: now, therefore, F• S iP BE'<IT RCsSOLV$D BY THE CITY COUNCIL...OF.THE,CxTY OF,HMSV=:- ss That Wilbournm 5. Gibbs, Mayor, be Axid he is hereby authorized and directed to-execute a warranty deed, on the form submitted by the Statie Hightiray Department on bebalP-oP the City of Huntsville to,tha State-'of. _ a 4` Texas, for and in consideration of the sum of., 816,M.'00 ' ' , the Polling described property, to Wit.,.(Field!Ickes Attached) 47 ADOPTED: APP$OV&D: r THE 0 OF RUNT5VILLz By L%C Wilbourne S. Gibbs, Msyor, ATTEST yl//i Kate'-Barr Ross, Secretary t RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 47 Humtsville Municupal Airport Y f a, t Jj 1.. resolution Adopting and ApOroeing the:Fxecution of, the-s�ioasor#s.Asralace figre�nent,to be Submitted to the Admi.nistretor of Gisril. srrdneutic,s+X. S. Department of Commerce i, to Obtain lederel #3d.in'the Development',of a 8untsvlue Municipal airport. Be it resblved by the City-Council of tbw-City of . ' Suntsvil�by.:T��@sr3 F_ S GTT€1N 1« ;khat the Gitq mf Iiuntsvil16j Te;cas shell antes into .a Sponsor+s Lssurencm A"greemsnt' or the :purpose of.obtaixiiiig F@$4Fbjlaid in Vie`dovelOpment,of the Hunts- vilxe Mut3ic4ipal hirport izaa tbat such sgr`eemert sh#11 be ° �s set fo�tli-hsreinlaelo�� L �. SECTION 2. .That'V41bourn `':,Gibbs, es 1xyor+ end: 3atg°B_Orr.Ross? as Secrstargn bei and ;tYiey'are hereby euthsriz®d and. ated to execute skid Sponsor's Assur . arae ;i greement in,quadruplicate An behalf-6r'fha;city,of ' Huntsvil3ej:-Tasy'and the Beare is hereby authorised and directed o impress the of3ais1 sell of ttae City ©t HYintgville� texas 'and to attest eeid g isoution„ SEC'TZC1P1 3. ,That the Sponsor+s fi ssurence hgraeiaent h rofz+ised to::hereinabave ohsll be es 4ollos; t 4 { �w. f WHEREAS, by deed da$ed.the `day of November 1945 —of record in Volume; n Name'off Project Date '4 Project Regaest Docket.No.- District:Airport Engineer, CAA 1310Congreas Avenue " Anson,=Tease t The`undereignedBaying received A Notice of Tentative Allocation of,Fnndo (root the Administrator of::CA&for airpor0'developieent to-tie accomplished'dn the Comity of Stat® of Texaa, reepeotilki.4` recsuesta that a.pretletermination of.minimun',wags rates,Da obtaiced from fire Sidretary of Laboa is aacordanoe�with Section 15(b)-of,the Fed oralJlirport:Act for�ths following olasses:of skilled' apprentice, and nneldl]ed labor indicated be t (Sere'liat various elasaee Of'labor and proposed wages) z _ Y ,i^ Form ACA-1642 - 5 - 0 (10-46) r SPECIMEN OF RESOLUTION EXTRACT FROM THE MINUTES OF A (SPECIAL) (REGULAR) MEETING OF THE (MERE NAME GOVERNING BODY OF THE PUBLIC AGENCY) OF (NAME THE SPONSOR) HELD ON (INSERT DATE) The following resolution was introduced by read in full and considered: Resolution Adopting and Approving the Execution of the Sponsor's Assurance .IAgreement To Be Submitted to the Administrator of Civil Aeronautics, U. S. " Department of Commerce, to Obtain Federal Aid in the Development of (Here insert name of airport). Be it resolved by the (-members) of (governing body) of -c c SECTION 1. That (in ertYnamelof sponsor) shall enter into a Sponsor's Assurance Agreement for thepurpose of obtaining Federal aid in the development of �1 the (insert name of airport) Airport and that such agreement shall be as set forth hereinbelow. SECTION 2. That the (here insert the name of officer or officers of the sponsor) is hereby authorized and directed to execute said Sponsor's Assurance Agreement in quadruplicate on behalf of the (here insert name of sponsor), and the �3.'• Secretary is hereby authorized and directed to impress the official seal of this (insert name of sponsor) and to attest said execution. SECTION 3. That the Sponsor's Assurance Agreement referred to hereinabove L ) shall be as Follows: (Here insert Sponsor's Assurance in full) CERTIFICATE I, the duly appointed, qualified and acting of do hereby certify that the attached extract from the minutes of the meeting of the of said held on -_ \lF—is true and correct copy of the original minutes of said meeting on file and of record insofar as said original minutes relate to the matters set forth in said attached extract, and I do further certify that the copy of �he Resolution appearing in said attached extract is a true and correct copy of such RNnlution adopted at said meeting and on file and of record. In testimony whereof, I have hereunto set my hand and the seal of said this day of 19 (SEAL) NOTE: This form of resolution is adaptable to any resolution required in the sub- mission of a Project Request, Project Application, Grant Agreement, or the execution of a contract on behalf of the public agency in connection with a project for airport development and for which Federal aid is sought. 22356 i 5 THESTATE OF TMCkS ' COt ffl OF Vuklm $ ItU;3TbV.II,Ig ' y l� date Ttara�,Rossi t}aa du]y ®lacted� gusli- n died end,4ating seor6Ui7 of'iha .cat Huntsvillee , r Taxssi "d"ci haraby'c8rtify that the Ottached,extraot from the;minntss of,D re lar. maetiag oP.the tatty, {.ounc l of `m� the.City of HuntsYilla! Taxasy held ba- 4"a n livae.2�, i97e ,is a tram iii o rra t cb . Py;of,thb artgital ainutas ot':aaid m®eiing on''f31e'"end sof 40p d 16660, r: as said'original mit3ttes,tblate to,,the.matter4`sect forth In said attached axtxas"t7'arid I da"i°urttier oe.rtfy that the.copy of<."the 5R,480%14t Ori..appearing in:=said attached axtzxset is a snag c rraet copy QP pue't Resolution, adopto at said maat� ing,and on Sile" and oP reaoxd. s IN TESTMORY,;YiHLRbOF"364170 hsre�to sat my,. hand'and!t6a seal oY"seifl City tkii� 3�e .day'o-f,Junes ��. 1947.• - KATE',BAR'R;,MISS F 5 II� tr _ i . 3 t` } $e�4 a t A THE STATE Ok T COUNTY, :dF tNAIECk�R � CITY OR Eiwds!FILLE, X I'. Kate'Harr Rosa' Comptroller of the,City of Huntsville' Texas' ado hereby=certify that,it is the inters- ton of the City Council of the,City,.oi Huntavt2lei Texas to: suDmitto the qualified-voters of said`City the question of whether or pot a bond fissile shall be voted for.the'pur- pse;of improvement and deveiopment, of the xunicipal Air- port dor the City.of Huntsvi3le� fiexas� that should the. pe funds.realized,frosi said bond issue not be sufficient to' meet the:`iponsor a sharo..of thepraJect Costal the City ha's on hsnd sufficientfund s:'to,meet' its share of thei pro- feet costs; I €urttier.certify, that the City has on hand;, sufficient funds.whidh,could•be divertad'to meat;the.spon- sor's share of the project costs. TO RICH' xitness'my hand and seal of: said City,at my office,,In the City'of Hunt,ivilie. Texas'; thiV the,.3rd, day of June' 1947. COMPTROLLSR':HUNTSVIZLE' TEXA8 S 3 4 — i i THE STATE OFJ COT _MTY OF VeALKER CITY OF hWiTSVILLE Y ,yHERFAS, the City Council of the City-of Huntsville,, Texas, pursuant to a_petition filed with the City Secretary.-of _949, said city, did, by ordinance of date kugust 91 i order an . election to be held on August 23. 1949 within the territory de- scribed in said petition, in said ordinance, and hereinafter de- SC for the purpose of submitting to the qualified ele'ct- ors residing in said territory the question of'whether such' ter- ritory`should becomea part of such city; and,.'. . :.riREA , after ten (10) days notice'of such election $ad been given by posting a copy of such. ordinance, certified by the City Secretaryin three (3) public ,places in said ter ritory, and by publishing the same for one time,in The Hunts- Ville Item, a newspaper published in said city,_said election was held within said territory on August 23, 1949; and, IY PEAS, said petition ivas signed by more than one hun- dred (100) qualified electors residing in such territory, and such election was called and held in compliance with:,the Laves and Constitution of the State of Texas relating to such elec- „ai•ons and particularly,with reference to: Senate Bi11 No. 324, `Acts of< the Fifty First Legislature'of the.5tatE of Texas at its regular session, approved and effective H1ay 147 1949; and; nrFEAS, said election,ryas held and the returns of said election were made to the City Council of such city, and were canvassed by said City Council and tre results thereof de- clared_by an ordinance;dated August 30,.legal and at said elec- tion two hundred seventy nine (279) legal votes werecast, of p which:two hundred sixteen (216) voted for becoming a, part of: i 7 'U, k ¢pk�na Y'x �y�Y - _ .J..t�wbt C i �S s.�43•r �Y,.' s • ,4.� rno7w i said city and sixty three (63) voted against becoming'@ part `bf said city,' and the City Council by said ordinance declaring the results of said election found and declared that the proposition "Shall such territory, described in said petition and 'in said' election order, become a part of the C;-ty of riuntsvil]-e, Texas," carried by a majority of one hundred,fifty three (153) votes:. NO; , T__a4EFOFE BE IT ORDAINED BY THE CITY COUNCIL OF TIS CITY OF HIID?TSVILLETEYiiS, that the territory described in 'said petition, in the order calling said election and',hereinaf- ter described, shall be and the same is hereby received as a part of the City of Huntsville, Texas, and the corporate limits of the City of. Huntsville, Texas are Hereby extended to be co.= k extensive with<the boundaries described in said petition, in . said electzon•.order and hereinafter described, and the inhabi- tents of such territory shall be entitled to all. the rights and P rivileges,of other citizens of the City of Huntsville, Texas, and shall be bound by the acts and ordinances made in conform= ity with lava. Such territory is herenow described as follows: BEGINNING at a point 700 feet North and 2640 feet East of the Nortkieast corner of the corporate limits of the City of Huntsville, Texas, stake for corner; Thi?CE ;:est at 2640 feet pass :a point .700 feet North of said Tortheast corner, at 7920"feet pass a point 700 feet North of the uoiDer xorthwest, corner of the corporate limits of said City and at 10,920.feet stake for corner; THENCE South at 700 feet Dass a, _ooint 3000 feet Test of said upper Northwest corner of the corporate limits at 9272 feet pass a point 3000 feet ':cst of the Southrraest corner of. said ' corporate limits, and; at 11,106 feet a sta'ie for corner in the divisional line between the P. Gray League, Abstract No. 24, and the Le?is Cox League, .abstract No. 13; .' THENCE East -,with said divisional line 3000 feet to a stake for cornerat a point 1834 feet South of .the Southwest corner of the corporate limits of s�id'City, and 88 feet ':nest of the'P?ortrieast corner of said Lewis Co:, League;. TNES?CI,.South 2542 feet'to stake for corner;, Tla, 4 --_ 5st at 52$O £ect pass a point 5280 feet South of. thesstern-Southeast corner of- the corporate limitsof said City and•at 7920 feet a stake for corner.; THENCE ?orth about 4436'feet a, state,for corner in the divisional line between the P. Gray League, nbstract No. 24, and the E. Davids Survey, Abstract No. 157; THEiIGE ..est:'iaith said;divisional line,at 165'feet pass « the original Southeast corner of the Teras Prison System Came- tery`and at 1044 feet the°,Soutric:*est corner of said rrison Ceme- tery, as relocated and presently fenced., stake for corner; TncFCE Piorth at about 844 feet pass Alpo nto£59a deet East of the Southeast corner of the,aorporate City, .at 1031 fee t. pass the north«est corner of said prison Cene- tery,' as relocated and presently fenced, at 2136 feet cross the Huntsville Branch of tr'a T.`issouri Pacific Railroad and at 2990 feet stal4_e for corner at a point 1596 feet East of tile'�ast cor- porate limits of said City; TH :CE East 1044 feet stake for corner at a point 2640 feet East of the East corporate'limits of said City; THE!,", ?'lorth parallel i�rith and 2640 feet from 'the East corporate limits about 6222 feet to the place of beginning; SAVE corporate limit from the area so enclosed all that portion of said area now contained :rithin tLe corporate limits of the City of Hunts- ville, Te�:as. This ordinance shall take effect upon its adoption by the City Council and upon its approval by the iayor of ,said City of Huntsville. The above and foregoing ordinance �7as adopted by unan- imous vote of the Council and approved by t're :ayor in ones coup- cil, this..the 6th day of Sentember, 1949• y , JJAYOR CITY OF HUIvT54IL•LE, TERAS ITTEST- CITYY SECF.ETARY - 3 - z THE,STATE OF TEXAS COUNTY OF WALKER g CITY OF`HIINTSOILLE X sw WHEREAS, the City Council of the City of Huntsville- Pexas, pursuant to a_petition filed with the City Secretary of said city, did, by ordinance of date August 9,1949, order an election, to be held on August 23, 1949 within the territory,de scribed in said petition, in saidordinance, and hereinafter ;de- scribed, for the purpose of submitting to the qualified elect- ors -residing lect-ors residing in said territory the question of,whether`such'ter- ritory should become'6 part of such city;' and, WHEREAS,-after ten (10) days notics. of such election had.beengiven-by posting'a-copy of such ordinance, certified, by•the City Secretary, in three (3), public places in,said ter-- ritory,,,and by publishing the same for one time in The•Hunts Ville Item, a newspaper published in said city, said election: was held within said territory on August 23, 1949; and!' WHEREAS, said petition was signed by more.than one huh- dred (100) qualifiedelectors residing 1n;such territory, and 4 such election was called and held in compliance with the Laws and Constitution of the State of Texas relating to such elee tions and particularly with reference 'to Senate Bill No. 324$ Acts of :the Fifty.First-Legislature of the State of Texas at its regular session, approved and effective May 14, 1949; and! WHEREAS., 'said election was held and the returns of said election were made to the City Council of such city, and were canvassed by said City Council and the results thereof de- clared by an ordinance dated August 30, 1949, and at said elec- tion two hundred seventy nine (279) legal votes,.were cast,, of which two hundred sixteen (216) voted for.becoming a part of J f �_ _ i said city and sixty three (63) voted against becoming a part of said city, and the City Council by said ordinance declaring the results- of said election found and declared that-the proposition 118hall such territory, described in said petition and in said election order, become a part of the City of Huntsville, Texas" carried by a majority of one hundred fifty three'(153) votess- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTsvILLE, TE%AS, .that the territory described'in said petition, in the order calling said ,election and hereinaf- ter described, shall be and the same is hereby received as a' part of:the City..of Huntsville, Texas, and the corporate limits of the City of Huntsville, Texas are hereby extended to be co- extensive with the boundaries described in said petition, in said election order and hereinafter described$ and the inhabi- tents of such territory:shall be entitled to all the rights and privileges..of other citizens of the-City of Huntsville, Texas, and shall be bound by the acts and ordinances made in conform- ity with law. Stich territory is herenow described as follows: BEGINNING at a point700feet North and 2640 feet East of the Northeast corner of the corporate limits of the City'of Huntsville, Texas, stake for corner; THENCE West at 2640 feet pass a_point 700 feet North of said Northeast corner, at 7920 feet pass a point 700 feet North of the upper Northwestcorner of the corporate limits of said City and.at 10'920 feet stake for corner; THENCE South at 700 feet pass a point 3000 feet West of said. upper Northwest corner of the corporate limits, at 9272 feet pass 4 point 3000 feet West of the Southwest corner of said corporate limits, and at 11106 feet a stake for corner in the divisional line between the P. Gray League, Abstract No. 24, and the Lewis Cox League, kbstract•No. 13; i THENCE.,East with said divisional,line 3000tfeet';to a stake for corner at",a point 1834' feet South,of,the ',Southwest corner of thecorp6rate limits-of said City and 88 feet 'Nest of the.Northeast corner of said Lewis Cox League;, THENCE South 2542 feet to stake for corner; THENCE East at 5280 feet pass a point 5280 feet South 2 of theEastern Southeast corner of.the corporate limitsof said City and at 7920 feet a:.stake for corner; THENCE North about 4436 feet a stake.for corner in the. divisional line between the`P.'Gray League, Abstract;:No. 24 and the E. Davids:Survey,,Abstract No. 1573 THENCE West with said divisional line,at 165 feet:pass the orginsl Southeast corner`of the Texas Prison System Ceme- tery and at 1044,feet the Southwest corner of said Prison Came- _ tery� :as relocated and presently lanced, stake for corner; THENCE North at about 844 feet pass a point 1596 feet -Fast of the Southeast corner of the corporate limits of said _Cit yi et:1031;'feat pass•:the Northwest corner of said Priaon Ceme- .tery,. as.relocated and presently fenced, at 2136 feet cross`.the Huntsville Branch of the Missouri'Pacif'ic Railroad and at 2990 `feet stake for corner at, a'point 1596.feet East of the East cor- porate 1imits'of said City; THENCE East 1044 feet stake for corner at a point 2640 feet East of the East corporate limits of said City; THENCE North parallel with and 2640;�feet-from*the ,East corporate limits about 5222 feet to the place•�:of beginning; SAVE , _ AND E%CEPT. from the.area 'so enclosed all. that porton`�of said area ` now.contained'within the corporate limits of the,City of Hunt's- ville,=Texas.: This ordinance shall take effect upon its adoption by. the City-Council and upon.tts,approval by the Mayor of said"'City of Huntsville.' The :above and foregoing ordinance was adopted by unan imons ,vote of the Council and approved by the Mayor in open noun- cil thist the 6th day of September, 1949, W,L �0`prd N„ Cn'IllD MAYOR CITY OF HUNTSVILLETEYaAS ATTEST t:. A'la �Fi;rr �ast CITY SFCRETARY — k - 3 - CORRECTION This Document Has Been Rephotographed To Assure Legibility. Microfilming Target RMD 210(August 1987) Texas Stale Library Reproduction of this form at the agency State Records Center level is authorized. No file page Fi TSE STATE OF i=AS COUNTY OF I AL= CITY OF.HUNTSVILLE � 7n,REAS, the City Council of the City of Huntsville, Texas, pursuant to a petition filed with the City Secretary;o£ said. city, did, by ordinance of date August 9,'1949,rorder-an ;..election to be held on August 23, 1949, within the territory de- scribed in said petition, in said ordinance, and hereinafter de- scribed, for the purpose of submitting to the qualified elect- ors residing .in said territory the question of whether such cter- ritory should become a part of such city; and, TREAS; after ten (10) days notice of such election had been given by posting a copy of such ordinance, certified by'the City Secretary, in three (3) public places in said ter- ritoryy and by publishthe same for one time in The Hunts- in, vi1le,Item, a ne,rspaper published in said city, said election was held within said territory on August 23,.1949; and, '=H REAS, said petition, -1,7 signed .by more than one hun- dred (100) qualified electors residing in such territory; and 'such election was called and held; in compliance with the Laws 'and Constitution of the-State of Texas relating to such elec- _tions and particularly,with reference to: Sena te:Bill -I?o. 324,. Acts 'of`the Fifty First Legi'slature'of -the:State 'of Texas at its regular session, approved and effective �:fay 147 1949; and, i'.IIER.EAS, said election .ras 'held and the returns'of .said election were :rude,-to the City Council of such city, and " were canvassed by said City Council and ti_e_ results thereof de ` clared by an ordinance dated August 30, 1949, and at said" elec-' tion two hundred seventy nine (279) legal votes were cast. of< ` which two hundred sixteen (.216) voted for becoming a part of - 1 - r i f� .2 s rir K - � -"said city`and sixty three (63) voted against becoming a part:'of said city, and the City Council by said ordinance declaring the results of said election ,found and declared that the ,proposition "Shall such territory, described in said petition and°in said election order, become a part of the C.ty of Huntsville, Texas," carried by a majority of one hundred fifty three (153)'votes NO`, THEREFORE, BE IT ORDAINED BY THE CITY'COUNCIL-OF T T'CITY OF HUNTSVILLE� TEXAS, that the territory described in said petition, in the order calling said election and hereinaf- ter described, shall be and the sae ,is hereby received as a part.of the City of Huntsville, Texas, and the corporate limits of the City of Huntsville, Texas are hereby extended to be 'co- - extensive 'with the boundaries described in said petition, in. r 1-1 ose id election-order and hereinafter described, and the inhabi- tents of such territory shall be entitled to .all the rights and privileges. of other citizens of the City of runtsville, Texas, and shall be bound by the acts and ordinances made in conform- ity with law. Such territory is herenow described as follows: BEGINI?INC at a point 700 feet North and 2640 feet East of the Northeast corner of the corporate limits of the City of Huntsville, Texas, stake for corner; THEh10E "gest at 2640 feet,pass a point 700 feet North of said Northeast corner, at 7920 feet pass a point 700 feet North of the uD�jer Northwest corner of the corporate limits of said City and at 10,920.feet stake for corner; THENCE South at 700 feet pass a point 3000 feet Vest of said tipper 1ioxtherest corner of the corporate limits, at 9272 feet pass a point 3000 feet :icst of the Southwest corner of said corporate limits, and.at 11,106 feet a sta'�ie for corner in the divisional line betdreer_ the F. Gray League, Abstract No. 24, and the Le77is Cor. League, Abstract No. 13, THEPiCE sast with said divisional line 3000 feet to a stake for'corner at a point 1834 feet South of the.Southwest corner of the corporate limits of:'seid City, and 88 feet Giese of eNortheast corner of said Lewis Cox League;. THrILCE So3ath,2542 feet?to stake for corner;: THENCE _Gst'"at 5280 'feet pass a point 5280 feet South - 2 rf .. of the Eastern Southeast corner of the corporate limits of said City and at 7920 feet a stake for corner,; THENCE T'oith about 4436 feet a stake for corner in the divisional line between 'the P. Gray League, abstract No. 24, and the E. Davids Survey, Abstract No. 157; THEECE .-Gst.-with said,divisional line at 16.5}feet pass the .original Southeast corner of the Texas Prison System Ceme- teiy>'and at 1044 feet the ,Southi%lest corner of>said-Prison Ceme- tery, as,relocated and presently fenced.. stake for corner; T'rIENCE Forth at about 844 feet pass a point 1596 feet East of the Southeast corner of the corporate limits of -said Citg,-at 1031 feet Dass .the Northwest corner of said Prison'Cene tery, as relocated and presently fenced, at 2136 feet ;cross'the Huntsville Branch of the S,`issouri Pacific Railroad and at.',2990 feet sta?._e for corner at a point.1596 feet Eastof the East cor- porate,limits of said City; THENCE East 1044 feet stare for corner at a point 2640 feet East of the East corporate limits of said City; ' THENCE ?T.orth parallel with and 2640 feet from the Vast corporate limits about 6222 feet to the place of beginning;, Wph AhD E`r.CEPT from the area so enclosed all that,portion of.sai6 area now contained ,within tine corporate limits of the City of F_unts- Ville, Texas. This ordinance shall take effect upon its adoption by the City Council and upon. its. approval by the Iayor of said City of Y_.untsville. The above and foregoing ordinance was.adopted by unan- imous vote of the Council and approved by tre 13ayor in open coon- ail tais. the 6th day of September, 1949. i;SAYOR CITY OF IMTSVILLE,. TEXAS AT-TEST, CITY SECRETARY i - 3 - _ THE -STATE OF TEXAS Q COUNTY-`OF WALLBEH CITY,PF-HUNTSVILLE X " WHEREAS, the City Council of the City of Huntsville Texasp pursuant to a petition filed,with the City Secretary;of said city, did, by- ordinance of date August 9, 1949, order an election to be held on. August 23, 1949 within the territory de scribed in said petition, in said ordinance, and hereinafter de- scribed, for the purpose of submitting to the qualified elect- ors -residing in said territory the:question.of whether such"ter- ritory ;should become"a part of such city; and, WHEREAS, after ten (10) days notice of such',election had been given by posting a copy of such ordinance, certified by the City Secretary, in three (3) public places in said ter- ritory,,-and by publishing the same for one time in The.Hunts- , Ville Item, a newspaPer published in said city, said election" was"held within said territory on August 23, 1949; and, WHEREAS, said petition was signed by more than one 'hnn- dred (100) qualified electors residing 1n such territory, and such election was called and held in compliance with the Laws and Constitution of the State of Texas relating to such else tions and particularly with reference to Senate Bill NO- 324,1 Acts of the Fifty First Legislature of the State of Texas at its regular session, approved and effective May 14, 1949; and, ` P1IiEREAS, said election was held and the returns of said election were made to the City Council of such city, and. were canvassed by said City Council and the results thereof de- clared by an ordinance dated Augus t'30, 1949, and at said.elec- tion two hundred seventy nine (279) legal votes were cast, of which two hundred sixteen (216) voted for becoming a part of said city and sixty three (63) voted against becoming a part of said city, and the City Council by said ordinance declaring the results of said election found and declared that.the proposition "Shall such territory, described in said petition and in said election order, become a part of the City of Huntsville, Texas" carried by a majority of one hundred fifty three'(153) votes: NOW, THEREFORE, BE IT OED.AINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that the territory described in said petition, in the order calling said election and hereinaf- ter described, shall be and the same is hereby received as a ` part of. the-Citylof Huntsville, Texas, and the corporate limits of the City of Huntsville, Texas are hereby extended to be co- -extensive with the boundaries described in said petition, in said election order and hereinafter described, and the inhabi tants of such territory shall be entitled to all the rights and privileges..of other citizens of the City of Huntsville, Texas, and. shall be bound by the acts and ordinances made in conform- ity with law. Such territory is herenow described as follows: BEGINNING at a point 700 feet North and 2640 feet East of the Northeast corner of the corporate limits of the City of Huntsville, Texas, stake for corner; THENCE West at 2640 feet pass a point 700 feet North of said Northeast corner, at 7920 feet pass a point 700 feet North of the upper Northwest corner of the corporate limits of said City and. at 10,920 feet stake for corner; THENCE South at 700 feet pass a point,3000 feet West of said upper Northwest corner of the corporate limits, at 9272 feet pass q point 3000 feet West of the Southwest corner of said corporate limits, and at 11,106 feet a stake .for corner in the divisional line between the P. Gray League, Abstract No. 24, and the Lewis Cox.League, Abstract,-No. 13; THENCE East with;said divisional..line 3000: feet to a stake for corner at;a .point 1834 feet South.of;:the southwest corner of the .,corporate limits of said.C.ity, -and 88_feet West of the Northeast corner of said Lewis Cox League; THENCE South.>2542 feet to stake for corner; -. THENCE East at 5280 feet pass a point 5280 feet South 2,_ of the Eastern Southeast corner of the corporate limits of said , City.and at, 7920 Peet a -stake for ,the THENCE North about 4436 feet a stake for corner in the, . divisions! :line.`between the P. Gray League,'Abstract No. 24, and the E."Davids,"Survey, Ab'stract:No. 157; THENCE West with said divisional,line at 165 feet pass the original Southeast,corner of the Texas Prison System Ceme tery and at:1044;feet the Southwest corner of said Prison eeme'- ter, 'as relocated and presently fenced stake for corner; "THENCE North at about 844 feet pass a point 1596 fast Ea at of the Southeast corner of the corpora"te-limits.of said City, 'at-- 31, feet'pass-th"e Northwest corner of said,.Prison'Ceme- ery,"as relocated and presently fenced at 2136 feet cross.the Huntsville"Branch of the Missour 'Pacific Railroad and at 2990 feet stake for corner at. a'point 1596 feet East of the East-cor- porate-limits of said City; THENCE East 1044 feat stake for corner at a point 2640,. feet,"East of;the East corporate limits of said City; THENCE North parallel with and 2640.feet,-from-"tha East+ corporate limits about 6222 feet to the place�of beginning`; SAVE ANDEXCEPT. from the area so enclosed all. that portion'of said area now:contained within the corporate limits of the City,of Bunts- villa, Texas, This ordinance, shall take effect upon its adoption by, the City Council and upon its,approval by the Mayor of said`City oF'Huntsville. The :above and foregoing ordinance was adopted by unan- imous vote of "the Council and approved by the Mayor in open coun- cil thea the-6th day of September, 1949. W,L boars/ (11 MAYOR CITY OF-'HUNT8VIbLE, TEAS ATTEST€ CITY SECRETARY _ 3 C ti �� x No file page - 1 - THE,STATE OF TEXAS COUNTY .'OF WALKER Q CITY OF HUNTSVILLE Thr=REAS, a petition has been.filed w '.th the City Sec- retary of the City of. Huntsville,.,. Texas petitioning said City to order an election to be held within the territory described in said:petition, and hereinafter described, for the purpose of'vot- ing-upon the question of'whether such territory'shall become`a part of such City, which said petition consists of twenty (20) copies thereof, numbered 1 to 20 inclusive, contains a'metes.and bounds description of the territory, which is-not more than one Mile in width, and is signed by more .than one hundred (100) .qual- ified electors residing in such territory, and contains the other provisions andrequirements of Senate Bill No,. 324, Chapter 187, of the,Acts of the Fifty First Legislature of the State of Tex- ,.. as, known and designated as Article 974-1;of' the Revised Civil Statutes of 1925. THEREFORE, BE IT ORDAINED BY THE CITY.COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: That an election be held within said territory on the 5prday of August, 1949, at which election the following propo- sitior- shall be submitted to the qualified electors residing - within and entitled to vote at said election, to-wit: Shall such territory .become a part of the City of Hunts- ville, Texas. Such territory is described in said petition and herenow described as follows: BEGIIdNING,at a point 700,feet North and 2640 feet East of the Northeast corner of the corporate limits'of the City of Huntsville] Texas, stake for corner; THENCE ?';est at 264.0 feet .pass a point 700 feet North - 1. - of. said Northeast corner, at 7920 feet pass a point 700 feet North of the upper Northwest corner of the corporate limits of said City and at 10,920 feet stake 'for,corner; THENCE South at 700 feet pass a' point 3000 'feet Rest of said;upper Northwest corner of;the corporate limits, at 9272 feet pass a point 3000 feet r"est 'of the Southwest corner of said corporate limits, .and.at 11,106 feet a stake for corner in the divisional line between the P. Gray League, Abstract No. 24, and the Lewis Cox League, Abstract No. 13; THENCE East with said divisional'line 3000 feet to a stake for corner at a point 1834 feet South of the Southwest cor- •"- rier of the corporate limits of said City, and 88 feet rest of%the Northeast corner of said Lewis Cox League; THENCE South 2542 feet to stake for. corner; THENCE East at 5280 feet;pass a. point 5280 feet South Of the Eastern. Southeast corner of the corporate limits of said City and, at 7920 feet a stake for corner; Z . THENCE North about 4436 feet a stakeforcorner inthe divisional line between the P. Gray League, Abstract No. 24, and the E. Davids. Survey, Abstract No. 157; THENCE test with said divisional line at .165;feet,.pass- k the 'original Southeast corner of the Texas Prison System Cemetery and` at'7044 feet the Southwest corner of said Prison Cemetery "as",relocated and presently fenced, stake for corner•;, THENCE North at. about 844 feet pass .a point 1596 feet t Esast of .the Southeast corner of the corporate limitof said City, at 1031 feet pass the Northwest corner of said Prison Cemetery, ias relocated-and presently fenced, at 2136 feet cross the Hunts- ville Braneh,of the Missouri Pacific Railroad and at 2990 feet stake for corner,at e_point 1596_feet East of the East corporate limits of, said City; THENCE East 1044 feet stake for corner at a, point 2640 feet East of the East. corporate limits of said City; THENCE North parallel with and 2640 feet from the East corporate limits about 6222 feet to the place of beginning; SAVE pAND EXCEPT from the area so enclosed all that portion 'of said ` area now contained within the corporate limits of the, City of Huntsville, Texas. All voters favoring the proposition to become a part of said City shall ,have written or printed on their ballots the words, "FOR BECOMING A PART OF THE CITY OF HUNTSVILLE,` TEXAS," and those opposed thereto shall have written or printed on their ballots the words, "AGAINST BECOMING A PART OF THE CITY OF HUNTS- VILLE, TEXAS.'! _ 2 { x t, 4. _'.'.- Said election shall be at the following named conducteed-by the foliowing officers and judges: places and (l) At 13V Hw d ro e 5_oLi2=erwith AY nA M. as Judger an I"� �s Ru'Fle'r d M. r- �- and as Clerks. C2) At �- 1 Lco"S _Fa71 .N with t`o bzr 'M �. as Judge, .and ='�1 pTrl:..i,,Trinw4l�n�and MrS.��/�-P FftrrIS, asQClerks. - C3) At �1 . R � e aTn�' K-wdsC t Prs�Tw rt h a tJ1rs.�yo6 RAar d as Judge, and J ITs �u� �� q�uc and M*f t N�?, dciu T�. as Clerks. Said election shall be under the Provisions of Title 22 of the Revised Civil Statutes of the State of Texas of 1925, and Amendmentsthereto, and the Constitution and Laws of the State of Texas, pertaining to and prescribing the form for gen- eral city elections, and only qualified electors residing in said 4 - territory,shall be allowed to vote at said election. The manner of holding_ said election shall be;governed by the General Laws} ,• of the`S'tate.of Texas regulating elections. Ten (10) days notice of said election shall be, gven by'posting a copy of this ordinance certified by the City Secre- ~ ' tary in .three (3) public places in said territory, and by pub- lishing the same for one time in The Huntsville Item, a newspaper published in said City.' - This ordinance shall take effect upon its adoption by the City Council and upon its approvAl by the Mayor of said City of Huntsville. The .above and foregoing ordinance was adopted by unani- mous vote of the Council and approved by,:the Mayor in open Coun- Cil this the 9th day of Augusts 1949: MAYOR CITY OF HUNTSVILLE, TEXA5. ATTEST CIT -SECRETARY No file page i.=k .77'.i; i s � . s 30 Y -THE STATE OF "TEY.AS . Il COUNTY I OF 1JALKER CITY OF HUNTSVILLE Il ORDER' DECLARING RtSULTS OF ELECTION ,`:HEREAS, the City Council of the City of Huntsville, Texas, pursuant to a petition filed with the City Secretary of said city, did,'.by'ordinance on August 1.97 1949, order_an elec- tion to.'be`held on August. 23,, 1949 within the territory de- scribed in said petition and in said ordinance, for the purpose of submtting :to.the; qualified electors residing in such terr - tory".the question of whether such territory ,should become a - part of such city; and, 7,.'AEREAS, said ordinance provided that ten (10) -days, notice of.;such-election should be'given by posting a copy of the ordinu hde, certified by the City Secretary,',in three (3) - public places in such territory, and by pub h hang the;'same for one.,__(1") time in The :Huntsville Item,'a nevrspaner published in,, x: said cty,, :and said notice of such: election was given; n the manner `and for:the length of; t_.re_,required by law and the ordi- nance aforesaid, and said. election`was held on the 23rd day-of August, 1949, with voting boxes established at Bryan Standley's Store, Lilco'a Station and J. h. Bea.thardIs �;ashateria, as in said ordinance.'provided, the manner of holding -said election'be- ing governed by the Laws and Constitution'of the State of Texas :i relating.to such election; and, z 1':Z1I 2aS, only qualified.,electors residing in said ter- were allowed to vote at said election, and the_returns of said election were 'duly certified by the Judges and Clerks, and said returns were duly and legally canvassed by the City Council,- and_at said'.election there were cast .two hundred seven- ty tine (279) votesy with one'hundred three (103) of said votes being cast at the election box at.Bryan.Standley's Store, of - which-eighty one' (81) votes were in favor of becoming a partof said city;and twenty two (22) .votes being against becoming a part of said city; with sixty six (66)' of: said votes,being cast at the voting box at'Lilco's Station, w- t sixty four (.64) be- ing for ;becoming apart of said city and two (2) being against becoming; a part of said city; and with one hundred ten .(110) of said votes being cast atthe election box at J. A. Beathard's: washateria, with seventy one 01) votes being for becoming,a part of;_said city and thirty nine(39) votes being against be- coming. a.part of said city, and of the total votes cast, two ' hundred sixteen (216) -voted: for becoming a part of said city and sixty three (63) voted age ins t,becoming a part of'said.ci'ty, wth' a majority of one hundred fifty three (153) voting.for'be- coming a:' part-of said city: , < r TNEREFORE,:BE IT.`ORDAIN D BY TM CiTY'COUDiCIL OF THE CITY.OF HUNTS�IILL�, TEXAS x,, p mksat 'said=`al"ection':+a s-duly and legally held on .the ' 23rd day. o- August, 1949, after a valid petition and 'ordinance E providing' for-said election,, and after due and legal notice,of - 1 - 7 �F � z r� li xc �„ t i Y Si such election was given in the manner and for the length of time required by law, that at said election only qualified electors residing in saic territory were permitted to vote, and that said election was had and conducted in accordance with the ordinance and the Laws and Constitutionof the State of Texas, and that at said election two hundred seventy nine (1279) legal votes ;sere cast, with two hundred sixteen (216); tieing for beccming:'a .part :of said..city and•,s xty three (63) being against Vedoming a,par,t,.rof said city, ,'and`.;rith a major- ' ty of one'hundred'fifty three (153) voting for becoming a part of said- city, IT IS THEP3FOP2 'ORDERED-AT?D, ORDAINED BY THE CITY COUNCIL OF TiE, CITY .OF HUNTSVILLE, TEXAS, that the proposition, "shall such territory, described in said petition and in said election order, become apart of the :City of Huntsville, Tex- ash" carried by a majority of one hundred fifty three (153) votes, and that the-City Council of the City of Huntsville, Tex- as is authorized and permitted by Senate Bill No. 324, gets of the Fifty First Legislature of the State of Texas; at its regu- lar session, approved and. effective Iay 14, 1949, by ordinance to receive.such territory, fully described in 'said'petition and election order, as a part of said'city- This ordinance shall take effect upon its adoption by the City Council, and upon its approval by the'Mayor of said City of Huntsville, 'Texas. The above and foregoing ordinance was adopted by unan- imous vote of the Council an apps ved.by the Mayor in open coun- cil, this the" day of 949• MAYOR CITY OF:HUNTSVILLE, TEXAS ATTEST: G ar u CITY SECRETA Y 4. - :2 C THE STATE OF TEXAS COUNTY OF WALKER, CITY OF.HUNTSYTLLE e ORDER DECLARING RESULTS OF.ELECTION WHEREAS, the City,Council of the City of Huntsville, Texas, pursuant to a petition filed.with the City Secretary'vf : said city, did, by ordinance on .August '-,�r 1949, order in elec- tion to beheld on August 23, 1949,'within the territory de- scribed in, said petition and in said--ordinance,-for,the purpose, of submitting to the qualified electors reaiding:in such terri- tory the, question of whether such;territory should'-become a part of;'such city; and, WHEREAS, saidordinance provided that fen (�10) day9 Mti of such election should be given,bj� pot�ting the ordiuence, certified by the City Secietary,,,,< in three (3) - public places in such territory, and by publishing. the samefor one-(1) mime in,The Huntsville Item,, a newspaper<publishe& in. seid:citi and said notice of such election was given;in the°> mennar';end for the length of time:required by,law and`the'ordi- nence aforesaid, and said election was'held on'the 23rd day of August,' .1949 With voting boxes established at.Bryan.Standley's Store, bilco�s :Station and:J. A. Beathard's Washateria,, as-In said ordinance provided,, the'manner. of holding said election'be- ing. governed.by.'the Laws and Constitution of the State of Texas relating to such election;_and, TMEREAS, only qualified electors residing in said ter- ritory were allowed to vote at said election, and the returns.` of sai&election were duly certified by:the Judges and'Clerksg and said returns were.duly;and legally canvassed-.by;the City . Councils°;and at said election there.were cast-'two,hundred seven- . ty nine. (279) votes with one hundred three (103):*0 said votes being cast. at.the election box at Bryan Standley'a Store, of which eighty one (81)'votes`were in favor.of becoming a part of said city 4nd„twenty two-(22) votes being against.becoming- a part of said city; with sixty six (66) of said votes being cast at the young box at Lilco's Station, with sixty four (64-) be- ing for,becoming a part,o£'said city and two (2) being against becoming a 'part of said city; and with one hundred tan:{110) of said votes being cast at the election box.at J. A. Beathard's VPashateria, with seventy one' ('71) votes being for.becomiag'a . part of said city and'thirty nine (39)' as being against be- coming a part of said city, -and ofthetotal votes cast3 two hundred"sixteen (216),;voted;for becoming',, part of said city and sixty three (63)`voted against,becoming, a part of said city, .,with a majority df.orae hundred fifty three.(153).'voting for be- coming s,part-`of said-.citys THEREFORE,,;BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY' OF HUNTSVILLE,,;TEXASs Thatsaidelection was duly and-legally held on the 23rd day-of August, 1949 after a valid petition and ordinance providing for said election, arid after due and legal notice of 4 1 F such eledtion was given.in.the manner end for the length of a�.me.r'egnirad by law; that;at said election only qualified 6, ectors;residing"in said territory'?ere permitted to:vote, end that said election was,had.eaA,conduc•ted in accordance Leith the, ordinance and the:Laws and Constitution,of ,the,State of Texas,' and that st said election two hundred"'seventy nine ' (271)'legai votes 'were cast, with two"hundred sixteen: (216) .; baing ldr--becoming a.part of said city-iid sixty, three (63) ' ` being against becoming. a ^part of said city-.and'vwith a major- i:ty•of one hundred fifty three (153) Voting for becoming e ;pert"of 'ssid city. IT IS THEREFORE ORDERED-AND.ORDAINED BY THE CITY COUNCIL OF THE" CITY OF RUNTSVILLE TIMASi that :the'proposition, "shall -suchdgsciibedlm said petition and iron said is 1. orders become a part,.of the City of Huntsville Tex as," carried'by a majority of one 'hundred fifty three votss, and .that.the City Council of the City of Huntsville, Tex- as is authorized and permitted'by•'Senate;Bill Ito. 524lActs of the'Fifty°First Legisla,ture;of the.8tate :of Texat, at its regu- Isr sesal on; approved and e'ffectiv'e May,14 19491;,by.,ordinance , to-,receiva. auch territory , dilly described in:said petition and election 'order; as a part of said,city. .. This ordinance. shall .take effect upon its adoption by the City, Council' and,;upon 'it; approval by the Mayor of said CSty oY Huntsoile, .Texas, .'The shove s'nd foregoing,,ordinance was-adopted by unja i6s vote of the Council.and approv d by the"Mayor in ,open .coun- eili thi s,.the 3o day of , 19496 ' iLb] ri oS' � tbhS MAYOR GITY:OF HURTSYILI.E", TEXAS Z Al i, CITY, SECRETARY: a n s x, # y - 2r d r+, No file page BE.IT RESOLVED that on this the 5th day of July,.1966, in regular council meeting of the City of Huntsville, Texas, upon motion made b 7 Y -v.��.w�� A2,4,-t� and duly seconded by '4.�,l ( � �- r a ��.-,,�c and unani- mous vote of the membexsof said council, the said council hereby ratifies and confirms the act of A. J. BECKHAM, Mayor, in executing, acknowledging and delivering instrument designated as Release under date of June 14, 1966, and appearing of record in Volume 200, Page 770, of the Deed Records of Walker County, Texas. IN TESTIMONY WHEREOF these presence have been caused to be executed on this the 5th day of July, 1966. CITY OF HUNTSVILLE AJ 1 BECKHAM, MAYOR ATTEST: \. KATE BARR CITY SECRETRT— THE STATE OF TEXAS, j COUNTY OF WALKER. j WHEREAS, by instrument dated July 25, 1951 Willie Scott and wife, Ella Scott, as lessors, entered into a lease agreement with the City of Huntsville, as lessee, which instrument is recorded in Volume 137, Page 344 of the Deed Records of Walker County, Texas; and WHEREAS, the City of Huntsville has completely abandoned the well and equipment located on the premises described in said contract: NOW, THEREFORE, the City of Huntsville, a municipal corporation, acting herein, by its duly authorized mayor, does release and relinquish unto the said Willie Scott and wife, Ella Scott, their heirs and assigns, all of its leasehold rights in and to said premises, same being situated in the P. Gray League, Abstract No. 24 in Walker County, Texas and a part of a lot described in a deed from T. W. Allen to Willie Scott and wife, Ella Scott, recorded in Volume 110, Page 407 of the Walker County Deed Records, and further described by metes and bounds in said lease contract, to which reference is made for all legal purposes. IN TESTIMONY WHEREOF these presence have been caused to be executed this 14th day of June, 1966. City of Huntsville A. •J. BECKHAM, MAYOR ATTEST: KAP -BARR ROSS, CITY SECRETA THE STATE OF TEXAS, j COUNTY OF WALKER. ] BEFORE ME, the undersigned authority, on this day personally appeared A. J. Beckham, Mayor of the City of Huntsville, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated, as the act and deed of said City of Huntsville, Texas. GIVEN UNDER MY HAND AND SEAL OF OFFICE this J day of June, 1966. OTARY PUBLIC,WALKER COUNTY,TEXAS ITI L STATE OF TEXAS,t 1,J.L. Ferguson,Clerk of the County Court in and for said COUNTY OF WALK4 R 1 County,hereby certily tlmt the foregoin;;instrument dated the.__L51' =_ dey Q7J ________ ]9-_tp& _,together ,.ith its certilicate of authentication was filed for ecord in me office the___.�5. =____.___dx� o[,_ 196— atL S.'clock_--Q 61.,—d duly r--ded the—f) _�=-day of: (.f� �- atJ-�PO.o'clock- 'l !k;..in V ul.,J_clC_.page_72_2_of the-----j0- Records of Walker County,Texas. Witness my hand and the seal of said Court, at office in Huntsville, Texas 21 daY°f—S L---------------19 ' /� -- ---------- $YI(JlJ4ff1S.2QL /aL eputy ,Can. Court Walker ouuty,Teaae z _ O L\ r a v' c ,� w W � o ci �Fr O c> Lf z F c7� O W SOP x O roil 4 — Fy H ] i1 1 i •= W � J H 9 H H H �v U � U RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT THE CITY COUNCIL PROPOSES TO INSTITUTE ANNEXATION PROCEEDINGS TO INCORPORATE INTO THE CITY LIMITS OF THE CITY OF HUNTSVILLE, TEXAS, THE FOLLOWING DESCRIBED TERRI- TORY WITHIN THE EXTRATERRITORIAL JURISDICTION ABUTTING THE CITY LIMITS: BEGINNING at the intersection of the east boundary line of the P. Gray League, with the centerline of U. S. Highway 190; THENCE South 574 feet to a point on the east boundary line of the P. Gray League; THENCE North 54 deg. 301 W 1,291.8 feet parallel with and 467.3 feet from the centerline of U. S. Highway 190 to the existing city limit boundary line; THENCE North with the existing city limits east boundary line 574 feet to the centerline of U. S. Highway 190; THENCE South 54 deg. 301 E along the centerline of U. S. Highway 190 1,291.8 feet to the Place of Beginning. Be it further resolved that notice of a hearing before the City Council, to be held on December �, 1968, at ,A• o'clock P M, at the City Hall of the City of Huntsville shall be caused to be published by the City Secretary by publication of this resolution in the Huntsville Item, a newspaper having general circulation in the county and in the territory proposed to be annexed, which notice shall be published at least once in such newspaper not more than 20 days nor less than 10 days prior to the hearing at which time all parties interested in said annex- ation proceedings may be present. Duly made and passed by unanimous vote of the City Council of the City of Huntsville, Texas, this 3rd day of December,1968. THE CITY OF HUNTSVILLE, TEXAS TEXAS ATTEST- W. BEN BLAL CK,�.MAYOR SECRETARY Huntsville Item--December 16, 1968 :THENCE Souti BE IT..RESOI4VED"BY THE''. E along the cen�'ime"O,t,IUS-,r CITY COUNCIL OFT C$LTY Highway;190 1,284$fP 0C to,1 `OF HF7N'PSYIL�.;E" TEXAS,, Place,of Beginnmg° > THAT'tTHE CITY COUNG-M 413e 3t::furtirengsolvdo that, PROPOSES TO INSTITUTE AN notice of a.heacgg'�befor,e the; NEXATIQN PROCEEDINGS TOfi City Councll {o t" e heldk'on ITyG0RP0R9TEf1NTOTHE} Decembei•20;,196pat4otelopk. CITY LIMITS OF THECITYOFi. PM at the City HaH'of ffie'Oiry" HUNT SVILLE TEXAS, THE of HuotsvilieEsth% caused FOLLOWING DEkRIBEDll. to;be published >le Ec TERRII'ORYIWITIIIN THE,EX-- retary'�iby l3ublic tion 1. TRA TERRITORLIL_JURISDICresdlution'.in the HuntsvHle TION 'ABUTTING''THE CITY, Item;a newspaper haying gen LIMPS": %2� � �g i eral`e�reulation,41'ti - ai d 1*. a ter�itorytproposedto. BEGINNING at theintersec- ,be annexed�,'�vhich notice51ia11 hon of.tlte east boundary line lie pub�ishggi'3at east oneg`in of the P Gray League wffl� isuctC'neayspaper nof,morefhan the,ceiiterlme of U'S Highway 20 days nor=lessrthan"l0�daeb 1�0 fprio-M,�g the hearpg.4l, hick *THENCE Southed in 574 feet to slmid_%6xatpartlionptroceedings atpbml onthest boundary line"ot-the�''P �ay League; may�e'gresent. �, � (THENCE No>±M,54 deg 30' ,Dul r{Emade and d by W 12918 fee{�p-aralle With' unanimous vote I City r anda6R 3 deetfm the cen- CoucillroftheCi H e, �erineif UR S #Ihghway�190 Tex this 3rd „nfIl'tm-. tb tjeteinstTng R limitbound- bir, 968 THENCE Nor -'`ith the ex-, THE�.CITY OF H LE; isting_ctty limi'east.beund- TE.ASl '" ABY :"Ben Bl _ ayor ary line 574 feetxYo'the�nter,- -, �.�., line of U S Highway 190; ATTEST -- +Weldon Co,IKemdn 9 • • Huntsville Item--December 9, 1968 ,Le g cvl s' BEAT,-RESOLVED,'BY..THE TY CI -:COUNCIL OFTHE CITY Be it further res.1ved.that OF RUNTSVILL'E;TEXAS, notice,of a,hearng.befgre the THAT,_,THE_CITY.COUNCIL :CiW Council,` bi-be.held on OIN PROPOSES'TSTITUTEAN- Decemba-r,20 1968pit4o'clock NEXATION PR'OCEEDWGS TO PM;at the City Hall of the city INC,OHppHATE, OT INTHE. .bf.Huntsville shall be�caused C1TY,LIbIITS.OF THE CITYOF ,I yy published by the City Sec- HUNTSVILLE TE=}f,A S;-THE ;.retary by Publication,of this FOI:L'O WyNG DESCRffiEI) resolution in-the Huntsville TERRITORY WITHINITHE�EX- ..item�a newspaper,baving,gen-- TRA'TEHRTTORIAL'rNRLS,DIC +erel circulation in the;-county TIQN rABUTTINGt_rfl 'CITY andtn;the territory,proposedto, LIMITSc: '.tie'annexed;:Wlxich,notice shall' .Ue,`published a{least'once in= BEGINNING at�the intersee- 'sueb newspaper not,mor6.than tion bf-.the3*f-bmindar'y:line 20 days nor less than 10 days of the P. Gray ILeague, with -.priorto.,the hearing.ab.which the centerline of-U.S,Highway thee-ail parties-interested-in 190; said.angexa t i o n proceedings THENCE South 574 feet to -maybe present., a point:,on the east boundary- Wy Aoh"e.and.passed by line'0f they P.� Gray.Leape; unantmous;.vote,,'of the'City THENCE NOrth-.,.,,54 deg..30' C6necilofthe Cityofffuntsville, 15 1;293 8 feet parallel:with Texas ,thiel'3rd day of,b6cem- and 467.3feet„from the:pen - ber,1968. terlihe,:`of xU. S: Highway,490 to the existing city-liMI, und- THE CITY;OF HUNTSVILLE, ary line , r TEXhS' , THENCE Northwith the ex- By .W. Ben Blalock,,Mayor iSUng•.city, limits,=east bound- ATTEST:„�_- ary dine 574 feet to Ute center- Von Colema Ig. Secretary l ;:of _U S.i Highway 190 C12/16M THENCE South:.54 deg.;30'. _ E along the centerline of U;S-; Hiit"v2y i190 1;2918 feet to the, Place hof Beginning: `_ RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: 3 nut I OL �h5 r.i ti.�✓� -��hiZE,XLL�U�'l�Y��vi_C�S BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT THE CITY COUNCIL PROPOSES TO IIISTITUTE AINEXATION PROCEEDIIIGS TO INCORPORATE I111TO THE CITY LIliITS OF TILE CITY OF HUNTSVILLE, TEXAS, THE FOLLOWING DESCRIBED TERRITORY WITHIN THE EXTRA TERRITORIAL JURISDICTION ABUTTII'G THEE CITY LII,aTS: BEGINNING at the intersection of the West right-of-way of FM Highway 247 (Midway Road) with the existing North line of the present City Limits; THENCE Northerly with the ;lest right-of-way of said Fb: 247 to its intersection with the South right-of-Dray of FM Highway No. 2821 (North Loop$; THENCE Westerly with said FM Highway No. 2821 to its intersection with the East line projected of the most Northerly East line of the Department of Corrections Wynne Farm property; TIENCE Northerly with the Department of Corrections East line to its Northeast corner; THENCE Westerly with the Department of Corrections North line and following the City airport North line to the Northwest corner of said airport property; THENCE Southerly with the West line of said City airport property and that line extended to a point that is 1200 feet from at right angles to the center line of Interstate 45; THENCE Southeasterly parallel to and 1200 feet S W from the center line of Interstate 45 to intersect the West line of the E. DAVIDS SURVEY; THENCE Northerly with the West line of said E. DAVIDS SURVEY and West line of the MALCGIM JOHNSON SURVEY to intersect the Southeast right-of-way of FTS Highway 1374; THENCE Northeasterly with the Southeast right-of-Dray of FM 1374 to intersect the present South City Limits; THENCE following the existing City Limits as follows: Westerly to the most Southerly Southeast corner of said City Limits; Thence Northerly to an interior corner; THENCE Westerly to the most Northerly Southeast corner; TIENCE Northerly tb intersect the Northeast right-of-Dray of Interstate 45; THENCE Northwesterly along the Northeast right-of-way of Interstate 45 to intersect the East line of the Wynne Farm property; THENCE Northerly with the East line of Department of Corrections to an interior corner; THENCE Easterly to intersect the East line of Brunch Street produced North; THENCE Southerly with the East line of Brunch Street to an original N E corner of the City Limits, being an interior corner of these notes; THENCE Easterly with the existing City Limits to the place of beginning. Be it further resolved that notice of a hearing before the City Council, to be held on Earch 11, 1969, at the City Hall of the City of Huntsville shall be caused to be published by the City Secretary by publication of this resolution in the Huntsville Item, a newspaper having general circulation in the county of Walker and in the territory proposed to be annexed, which notice shall be published at least once in such newspaper not more than 20 days nor less than 10 days prior to the hearing, at which time all parties interested in said annexation proceedings may be present. Duly made and passed by unanimous vote of the City Council of the City of Huntsville, Texas, this 11th day of February, 1969. THE CITY OF HUNTSVILLE, TEXAS By: mi�z -W. BERT BLALOCK, JR.', MAYOR CITY SECRETARY RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: GlAC/.2 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT THE CITY COUNCIL PROPOSES TO INSTITUTE ANNEXATION PROCEEDINGS TO INCORPORATE INTO THE CITY LIMITS OF THE CITY OF HUNTSVILLE, TEXAS, THE FOLLOWING DESCRIBED TERRITORY WITHIN THE EXTRA TERRITORIAL JURISDICTION ABUTTING THE CITY LIMITS: Beginning at the intersection of the Northeast R.O.W. of Inter- state 45 with the East line of the William N. block Survey, Ab- stract #401, being on the West side of Elks Drive;; THENCE in a Southeasterly direction following the Northeast R.O.W. line of Interstate 45 to its intersection with the South- west R.O.W. line of U.S. Highway 75; THENCE in a Northwesterly direction with the Southwest R.O.W. line of U.S. Highway 75 to the intersection of the North line of Southwood Drive extended West across U.S. Highway 75; THENCE Easterly with the North line of Southwood Drive to a point that is 1,000 feet distance in right angles to U.S. Highway 75; THENCE in a Northwesterly direction 1,000 feet from and parallel with U.S. Highway 75 to intersect the East City Limit line; THENCE following the present City Limit line in a Southerly and Westerly direction to the place of beginning. Be it further resolved that notice of a hearing before the City Council, to be held on June 10th, 1969, at 7:30 o'clock P.M. at the City Hall of the City of Huntsville shall be caused to be published by the City Secretary by publication of this resolution in the Huntsville Item, a newspaper having general circulation in the county and in the territory proposed to be annexed, which notice shall be published at least once in such newspaper not more than 20 days nor less than 10 days prior to the hearing at which time all parties interested in said annexation proceedings may be present. Duly made and passed by unanimous vote of the City Council of the City of Huntsville, Texas, this 13th day of May, 1969. THE CITY OF HUNTSVILLE, TEXAS '�/ •W. BEN BLALOCK, JR. - MAYOR ATTEST: CRETARY BERRY&SMITHER ATTORNEYS AT LAW HUNTSVILLE,TEXAS RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance 80 Limosine Service ® ORDINANCE NO. 80- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE REGULATION OF CHAUFFEURED LIMOUSINE SERVICES; MAKING OTHER PROVISIONS RELATED THERETO; PROVIDING A PENALTY OF UP TO $200.00 FOR VIOLATION OF THE REGULATIONS; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section l: That the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the addition to Chapter 16, Taxicabs, of a new Article V, Chauffeured Limousine Services, that shall read as follows, to-wit: (See Exhibit "A") Section 2: A person adjudged guilty of an offense as defined by this article shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). Each day an offense is committed shall constitute a separate offense. • Section 3: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Secretary is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City at least twice within ten (10) days after the passage of this ordinance. INTRODUCED, READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville, Texas, on this the day of 1980. MORRIS I. WALLER, Mayor ATTEST: RUTH DE SHelll, City Secretary APPROVED: ® SCOTT BOUNDS, City Attorney alt oth-n t1tY, -md a iy+ollucipn r c_ nv d ny ti:e ced at _ andthe scat u11 T shalln cmplicd;+i ch a allot mos. ,h.pra,ces shall• na- _ ,svh?�h opt i be rrt crass vo_Riny ower. section 16.56 Insurance fin) vi[hscunding any other I——o=chis ordi - ne Con- ary, no pezmic i ued u r this c - er It,ii heco eaeffective .,,it t s'+h such P,—it istg ranced shallmhnve fi _ so ary a ..d.ld polity of uub li tiab ili cyto ".Percy°d n geCity �i ced by a Hsu pmpany dulyn 11y autt:ozizednto doeb - n chisrs,,,,,,d by:fie City atto cney suciny the Sen alopub iou t9ai rpm loss or damage chat nay result to o any person rcy f the operaciun of limousine vehiclescovered by[his (b) a public liability for bodily insurance herein provided Eoz shall have II— c less[ n One Hundred Thousand (5100,000) Dollars ) V injury c enper sono the death of o e person.and TM1ree xundrud Thousand ($100,000) Dollars for bodilyninjucy c or..ea h of all persons injured or killed in any one accident. (c) Such i shall be Eor the protection of the Passengers of _ eh is les a yell as Eor'Ie general Pub`_ic,but Ina ll e personal vnjucies s ed by rbe s c t agents o c:np log ees of the porn Theapulicies issued"under this s c shall c a pcovis ionefor a ing liability[hereon up�e the fu111am unt thereof ithscanding any recovery Cher°^before Chat thirty (30) days u shall be given the City cancellation of. h polity ei.,ne fective. Section 16.55 Chauffe vinous vne. t al_t 1'he driver of the 1 shall a (a) n his Possession a valid unsuspended Texa.,Chau_.eur L_cense v....ued to such driver; (b) be yell a uted ith the n thoroughfares o the City and[hl tocati°n ofPrinc pal office buildinS[o bus 1 pf(ices, ^hopping vicencers, ovntovn.. res, ho cels ani ro.e_. Ic) be clean o per-,neat vn dress and polite ani cou r.eous. Section 16.56 The permicceevi required[°o e only I`—his u.`place o:bell- Th"his veh is les sha11 be dispatched eM1erefrom;p[ovided,M1ovever, if anysp •e has a agreement auchozizilg the pexmi ccee t ope:ucev t Place she tl b sdered a ual P - vhen.+ _ �[h t iTl s tbes anycp a aofyp ccommodationsu v limousine is [hat t hizetl. TheeP ebe sadrivecs shall not sappy h po cen[ial cus[dmerirhez anepublic P xvfore the P soliciting theirsinss an ne Ll any adverer�inS signube splayed i side or.t sidethe Limousin?n- me. 4' Seccion 16.57 rile o p Hour ba sv_. E.ermitItebholder shall file�vch the cvc/ e_rccary C/ t Permit No. Date Issued: 0 APPLICATION FOR A CHAUFFEURED LIMOUSINE SERVICE Applicant's Name: Phone Number: Applicant's Address: Business name: Business Phone Number: Business Address: Form of Business: Partnership _Corporation (attach partnership agreement or articles of incorporation) Agent of Service (for legal process): Address of Agent: Agent's Phone Number: Applicant proposes to operate (Plumber) Vehicle(s) under this permit. Vehicle(s) Description Make: Model: Type: Vehicle I.D. r: License Plate r: Vehicle owner: Vehicle's Driver: ® Vehicle Driver's Chauffeur's License Number- ----------------------------------------- Make: Model: Type: Vehicle I.D. F: License Plate r: Vehicle owner: Vehicle's Driver: Vehicle Driver's Chauffeur's License Number: ------------------------------=------------------------------------------------------------ Make: Model: Type: Vehicle I.D. License Plate n: Vehicle owner: Vehicle's Driver: Vehicle Driver's Chauffeur's License Number: ------------------------------------------------------------------------------------------- Attached is (.l) a financial statement si:flwing all assets and all of the liabilities of applicant; (2) a copy of the rates which will be charged under this permit; (3) a copy of a standard policy of public liability and property damage insurance; (4) a copy of the city garage vehicle inspection report for each vehicle s required by the Chauffeured Limousine Services Ordinance of.the City of Huntsville. I have read the ChaufFeured Limousine Services Ordinance and understand the terms set out thereir snd agree to comply with the provisions of the ordinance. *Signed and dated this the day of A. D., 19 Applicant` Name Attachments (5)* �� CORRECTION This Document Has Been Rephotographed To Assure Legibility. Microfilming Target RMD 210(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized. • ORDINANCE NO. 80- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, PROVIDING FOR THE REGULATION OF CHAUFFEURED LIMOUSINE SERVICES; MAKING OTHER PROVISIONS RELATED THERETO; PROVIDING A PENALTY OF UP TO $200.00 FOR VIOLATION OF THE REGULATIONS; PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1: That the Code of Ordinances of the City of Huntsville, Texas, is hereby amended by the addition to Chapter 16, Taxicabs, of a new Article V, Chauffeured Limousine services, that shall read as follows, to-wit: (See Exhibit "A") Section 2: A person adjudged guilty of an offense as defined by this article shall be punished by a fine not to exceed Two Hundred Dollars ($200.00)_ Each day an offense is committed shall constitute a separate offense. ® Section 3: This ordinance shall take effect from and after ten (10) clays - from its passage by the City Council. the City Secretary is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City at least twice within ten (10) days after the passage of this ordinance. INTRODUCED, READ AND PASSED by the unanimous vote of the City Council of the City of Huntsville, Texas, on this the _day of 1990. MORRIS I. WALLER, Mayor ATTEST: RUTH DE SHAW, City Secretary APPROVED: 17 • SCOTT BOUNDS, City Attorney .ETI—V CHAUPFEVAED EI.MUSINE SERVICES Section 16.50 Permit Required It shall be unlawful for any person to operate a chauffeured limo v r tren o' t or lease motor vehicles including the s rof audriver, - lot chauffeured limo —ill,which vehicle operates upon and o r the streets of the city,until s chctime as the Council has approved thevi ce of a permit for such s and the permit has been issued,o at a time - when a permit previously issued has been suspended or cancelled. Section 16.51 Application for Permit Applications for a permit dull he submitted and the applicant shall furnish the following infornation with each application,which shall be sworn to before a notary public: (a) Name and form of business under which the s s rvice will be operated. (If a partnership o prporati—,copy pE eartnership ag item.c or articles of i mcpora<io use be actached.l y - (b) Agent for s of legal process (which information shall always be kept carr..t. J n O (c) A financial statement showing all of the assets and all of the lia-bilities of the applicant. (d) A schedule showing the model, type,make and vehicle identification number and license plate number of each motor vehicle which the applicant desires to place into operation,and a statement as to the legal ownership of the vehicle. _ • Section 16.52 Display of Permit The City Secretary shall devise a system of identification for such v- hicles and prescribe and i a Earn of c tifica Ce identifying each vehicle In' lawfullycopera ted under the pernit.eLAn identification decal, to be no ..than two inches i width at the greatest distance, shall be affixed i the lower right hand c of each vehicle's windshield. This decal mustbe affixed for the veh iclertorbe in service. Section 16.51 Inspections (a) Permittee shall pay annually a business permit fee of one Hundred Dollars (5100.00),which s shall be due January 1 of each year. Each vehicle shall be presented to the City garage at least twice - a year for inspection. IE the permit is granted,p if n vehicles are added after Suly i of any year,an additional inspection fee.f $12.50 shall be required for each vehicle far that year. (b) All vehicles shall be maintained in safe and s.itary condition all times,and always maintained in first class mechanical con- dition. (c) All vehic lsshal one air-conditioned and equipped with interio and 1 exterior rear i mirrorstwo-speed,windshield washers and peed wind- shield wi pers,vproper headlights and tail lights which shall be in operation I..m one-half hour afters set to on e-half hour before sunrise when the limousine is in operation. Drakes,seat belts, Q Exhibit"A" t j. alt other safety. xed a i-pollution requirements shall f led by the 0 [ed states'G and the Sture of?xe ^ be complied'.+i th a all c mes. Th,[brakes shall —.3 '1 i first class n"bing orde[1 Section 16.54 insurance !n) No[viths tending any.chez ptavision or this urdi—Ice t the o yecmie i e this chapcec shall becomeuuf Eec_ive !il the person t svF�mus pec++t is 9c -d shall have filed icfi the C"ty anarpLey of public iabilicy a property d—.1-insurance ex cuted by ah nsuratc ecomnany aulyn'- nd legally a horited to do business i this s a d to be a ved by the City Attorney,insuring the general[public against any los' r damage that may result to vet persot or Property Erom the operatiun of li—ine vehicles co ed by his p^_rmit. (b) public liability i uzan a herein provided for shall have 1 it c less than One)undredcTb.._.d (5100,o00) Oollazs for bo,i lye i� injury t e pec son o h of o e person.and e e x red ThousandOollazs for ilyn inj ury a oz atheofuaall persons injured or killed in any one accident. (c) Such i... ce shall be for the protection of the pas engers of limousinera.hiClcs a well as Eor the general public,but shall tints o comploy ties of theapermitts..ris.sTheapoci nuesth ssuedvunder[e)-eon'uptt t liability c n shall conte,.a Provision ftr a c - 1^a cov hereon,and the full am ant thereof,no vithstandiu9 nY a to before that thirtyo(30) days written n ti shall be given a City cancellation of such policy is effective. section 16C31erCoftheu lrmasstne. t 1 The a of t sh3'1 a all c caln his posy valid unsuspended Texas CFau_.eur s _cense issced to curb d-—re a (b) be +all acuaimed vi_h the main thoroughfares of the City anL the of principal office baildings,bus Cern nal,governmenc offices',shopping ren cera,dr--n..tore.,hotels and—tsls: (c1 be clean of son. neat is aces ane police dna c.urteos.. .56 seccloi'hc!Pacmit[eer is t zequ irsa to operate only from his us del pnovever,b ifr and his vehicles shall be dispatchedhohe ang ; ,r.rraittee to operace a, Pe as,tie has Ce ri tot 1511emshallot ub sidered a usual place of +- from a Hotel o e t eta�. —sawhen a opymof cfie a s filed with c lanyspfrh is v pe mitre,s a!f nobLic—tr,house a sunless r imousine is that any P mroda all n c ach pohuir benci al c any pubticepla ml fore eapu rpose�o`-ol in9 tr outside CM1e 1lvovslne ac sfia11 any advertisingts_gn be displayedli side o any c1me. secclan 16.51 Rates alc b lie sh.c by s arranged c crcca Y vile or p hour 1-1—. ---b P'_',bhoi.rc shallf ile 1 h the c_cy e 9 1 a document representing rates of fare charged. No increase in rates shall be effective until seven (7) days following the filing of said change. Section 16.58 Contracts A written instrument of hire shall be entered into, in at least dupli- cate originals, by the permittee and the person renting or leasing the limousine. Such instrument shall include, among other things: the date and time of hiring; the date and time of release of the vehicle; the rates applicable to the vehicle as set forth in the permit granted by the City; signature line for the chauffeur; and the names of the leasing or renting party. A copy of the instrument shall be delivered to the renting or leasing party at the time the vehicle is released, or if a monthly statement is submitted, at that time. Section 16.59 Transfer of permit No transfer of a permit shall be effective unless it is in writing, in duplicate, signed by the transferor and by the transferee, stating the true . consideration of such transfer, accompanied by the transferee's application substantially in the form prescribed in Section 16.51 hereof. No transfer of a permit shall be effective until the transferee has complied in all re- spects with the terms of this chaptmr: /c Permit No. Date Issued• APPLICATION FOR A CHAUFFEURED LIMOUSINE SERVICE Applicant's Name: Phone Number: Applicant's Address: Business name Business Phone Number: Business Address: Form of Business: Partnership Corporation (attach partnership agreement or articles of incorporation) Agent of Service (for legal process): Address of Agent: Agent's Phone Number: Applicant proposes to operate (Number) Vehicle(s) under this permit. Vehicle(s) Description Make: Model: Type: Vehicle I.D. License Plate Vehicle owner: Vehicle's Driver: • Vehicle Driver's Chauffeur's License Number: -------------------- Make: Model: Type: Vehicle I.D. I: License Plate c- Vehicle owner: Vehicle's Driver: Vehicle Driver's Chauffeur's License Number: -- --------------------------------------------------------------------- Make: Model Type: Vehicle I.D. License Plate : _ Vehicle.owner• Vehicle's Driver: Vehicle Driver's Chauffeur's License Number: ----------------------------------------------------------------------- Attached is (1) a financial statement sKbwing all assets and all of the liabilities of applicant (2) a copy of the rates which will be charged under this permit; (3) a copy of a standard policy of public liability and property damage insurance; (4) a copy of the city garage vehicle inspection report for each vehicle s required by the Chauffeured Limousine Services Ordinance of.the City of Huntsville. I have read the ChaufFeured Limousine Services Ordinance and understand the terms set out therei snd agree to comply with the provisions of the ordinance. e Signed and dated this the day of , A. D., 19 Appli"cant"s flame Attachments NOTARY'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE I, The City Secretary for the City of Huntsville, on this date witnessed the signature of as an applicant for a Chauffeured Limousine Services Permit and that the applicant has read and understands the ordin- ance governing Chauffeured Limousine Services and has agreed to comply with the pro- visions of that ordinance, and that applicant certified to me to this effect on the day of A. D., 1981 by affixing his signature to the application. THE CITY OF HUNTSVILLE, TEXAS 0 ( S E A L ) Ruth DeShaw, City Secretary (Notary Public in and for Walker County, Texas--Notary Commission expired- ) • IZ ® CHAUFFEURED LIMOUSINE SERVICES GARAGE INSPECTION REPORT Date of this inspection: City Permit Plumber of this Vehicle: License Plate : Permittee's Name: Vehicle's Make & Model: Date Last Inspected: Check List for Inspections Comments _air conditioning system interior vision mirror exterior vision mirrors windshield washer ® _two-speed windshield wipers headlights tail.lights _ brakes seat belts other (safety, noise and anti-pollution requirements specified by the U.S. Government and the State of Texas) permit decal displayed in lower right hand corner of vehicle's windshield sanitary condition of vehicle mechanical condition of vehicle ® This vehicle has been inspected for the adequacy of the above items as required by the Chauffeured Limousine Services Ordinance and it has been found to be in com- pliance (not in compliance). (strike one.) Dated this the day of 19 3 City Garage Inspector RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 70-02-12 Approves Program For Qual.Res.-HUD 02-12-70 February 12, 1970 Federal Housing Administration 511 Rusk Houston, Texas 77002 Gentlemen: - - At the regular session of the City Council of Huntsville, Walker County, Texas, held on February 10, 1970; the following resolution was passed by"a vote of 7 AYES, O'NOES: RESOLUTION APPROVING PARTICIPATION BY LOCAL-HOUSING - OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM, DWHEREAS, under the provisions of Section 101 of the Housing and Urban Development Act of 1965,, the Secretary of`Mousinq and Urban Development is authorized to enter into contracts to make rent supplement payments to certain qualified housing owners on behalf of .qualified low-income families who are elderly,..handi - capped, displaced,-victims of natural disaster, -or occupants of substandard housing; and WHEREAS, the provisions of said Section 101 cannot be made available to housing owners in certain localities unless the governing body of the. locality has by resolution given approval for such participation in the .Federal Pent Supplement Program. - NOW, THEREFORE, .beit resolved by.-the. Council of the City Of Huntsville, Texas as follows: Approval is: herey granted for participation in the Federal Rent Supplement Program by qualified housing owners of property located in the City of Huntsville, Walker County,.Texas. - s 4 C Federal Housing Administration February 12, 1970 _ Page #2 This resolution is recorded on Page #76, Volume K of the official minutes of the City of Huntsville. If this office can assist you further, please advise. sincerely yours, - - W. Ben Blalock, Jr., Mayor City of Huntsville ATTEST: Weldon Coleman, City Secretary DWBBJR/dlc No file page AN ORDIANCE DECLARING THE ESTIMATED POPULATION OF THE CITY OF HUNTSVILLE AS OF THE FIRST DAY OF JANUARY, 1970. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: WHEREAS, by reason of the enlargement of the City limits of the City of Huntsville since the regular United States census of 1960, and the increase in the population since that date, it is necessary and desirable that the present estimated population of the City of Huntsville be revised. THEREFORE, it is hereby declared by the City Council of the City of Huntsville, Texas, that the estimated population of the City of Huntsville as of January 1, 1970 be and the same is here- by declared to be 18,000. PASSED by unanimous vote of the City Council and approved this 13th day of January, 1970. bl A-1 W. BEN BLALOCK, JR.,!M^ or ATTEST: CITY SEC ETARY I, WELDON COLEMAN, Secretary of the City of Huntsville, Texas, hereby certify that the above and foregoing is a true and correct copy of the ordinance it purports to be. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of January, 1970. / DON COLEMAN-Secretary of the of Huntsville, Texas. THE STATE OF TEXAS, Q COUNTY OF WALKER. BEFORE ME, the undersigned authority, on this day personally appeared Weldon Coleman, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, AND IN THE CAPACITY THEREIN STATED. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /,�L day of January, 1970. NOTARY PUBLTC, WALKER- COUNTY-2 TEXAS AN ORDIANCE DECLARING THE ESTIMATED POPULATION OF THE CITY OF HUNTSVILLE AS OF THE FIRST DAY OF JANUARY, 1970 • BERRY&SMITHER ATTORNEYS A•T LAW I HUNTSVILLE,TEXAS RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: //- 3 1/ RESOLUTION GIVING NOTICE OF ANNEXATION RESOLUTION GIVING NOTICE OF ANNEXATION PROCEEDINGS, SETTING A PUBLIC HEARING CONCERNING SUCH ANNEXATION AND DESCRIBING THE AREA TO BE ANNEXED: WHEREAS, the City of Huntsville, Walker County, Texas, under the authority of Article 970a, Revised Civil Statutes of Texas, desires to annex certain lands and premises within the extra terr- itorial jurisdiction of the said City of Huntsville, Texas, which said area to be annexed is within the specified limits authorized to be annexed in accordance with the Statutes applicable thereto now therefore be it resolved by the City Council of the City of Huntsville, Texas, that a public hearing be held before the City Council of the said City of Huntsville, Walker County, Texas, con- cerning the intention of the said City of Huntsville, Texas, to annex the premises hereinafter described, which said meeting shall be held on December 14, 1971, at 7:00 o'clock P.M. in the City Council Chambers of the City Hall of the City of Huntsville, and be it further resolved that the City Secretary shall cause to be published notice of such public hearing, by publication of the within resolution, in the Huntsville Item, a newspaper having gen- eral circulation in the County of Walker and in the territory pro- posed to be annexed, which such notice shall be published at least once in such newspaper not more than 20 days nor less than 10 days prior to said hearing, and that said notice be directed to all parties interested in said annexation proceedings who may be present and be held at such public hearing. The area proposed to be annexed is described by metes and bounds as follows: BEGINNING at the intersection of the present City Limits with the West R.O.W. of Loop 405; THENCE Northerly with said West R.O.W. to its intersection with the South line of the Thomas Gibbs Survey, A-22; THENCE Westerly with the said survey line to its Southwest corner; THENCE Northerly with the Southern most West line of said Gibbs Survey, said line being a common line with the E. Davids Survey, A-157, to its intersection with a Southern line of the P. Gray League, A-24; THENCE along the P. Gray - E. Davids Survey line to intersect the present city limits; THENCE Southerly and Southeasterly with the present city limits to the Place of Beginning. WHEREUPON,, said Resolution was duly seconded and passed by unanimous vote of the City Council of the City of Huntsville, Texas, on this the 23rd day of November, 1971. W. BEN BLALOCK, JR., MAYOR ATTEST: WELDON COLEMAN, CITY SECRETARY JRAROVED ASTOFTIN D. COLLEY Attorney at Law P. 0. Box 628 Huntsville, Texas 77340 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 71 Projects/Sierra Club A RESOLUTION OF THE CITY OF HUNTSVILLE AUTHORIZING AND DIRECTING ITS CITY ATTORNEY TO INTERVENE, IN BEHALF OF THE CITY OF HUNTSVILLE, IN CAUSE NO. 71-H-983 IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF TEXAS, IN ORDER TO SUPPORT THE CONTINUATION OF THE WALLISVILLE AND TRINITY RIVER PROJECTS, AND TO DO ALL THINGS NECESSARY TO SUPPORT AND CARRY ON SUCH INTERVENTION. Preamble WHEREAS, the City of Huntsville has for many years supported the full implementation of the Trinity River Master Plan as proposed by the United States Army Corps of Engineers and the Trinity River Authority of Texas; and WHEREAS, the completion of the Trinity River Master Plan will greatly benefit the people of the City of Huntsville; and WHEREAS, a lawsuit has been filed in the United States District Court for the Southern District of Texas as Cause No. 71-H-983 and styled Sierra Club, et al. v. Froehlke, et al. for the purpose of halting permanen£fy two important elements of the Trinity River Master Plan, to-wit: (1) the Wallisville Project, which is now under construc- tion in Chambers County, Texas and which is Fifty Percent (50%) complete; and (2) the Trinity River Project, which is now being designed. and ' WHEREAS, it is in the best interests of the City of Huntsville that it intervene in said lawsuit in order to support the continuation of the Wallisville and Trinity River Projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE that its City Attorney be authorized and is hereby directed: (1) to file a motion for leave to intervene in behalf of the City of Huntsville as a party defendant in Cause No. 71-H-983 and styled Sierra Club, et al. v. Froehlke, et al. in the United States District ourt or t e Southern District of Texas; and (2) to do all things necessary to support and carry for- ward such intervention. PASSED AND APPROVED THIS 1\\�-_day of 1971. THE CITY OF HUNTSVILLE Mayor ATTEST: City Secretary qq No file page - 1 - RESOLUTION CALLING BOND ELECTION; PROVIDING DETAILS RELATING TO SAID ELECTION; AND CON- TAINING OTHER PROVISIONS RELATING TO SAID ELECTION WHEREAS, the City Council of the City of Huntsville, Texas, deems it necessary and desirable to issue bonds of said City for the purpose of constructing and improving the roads, bridges and streets of.said City, including.re- lated.drainage improvements; and , WHEREAS, the City Council of the City of Huntsville, Texas, deems it necessary and desirable to issue bonds of the said City fpr the purpose of constructing and equipping a fire station; and WHEREAS, the City Council of the City of Huntsville, ' Texas, deems it necessary and desirable that an election be called and held within said City for the purpose of voting. on the proposition of issuing bonds of the said City for the purpose of constructing and improving the roads, bridges and streets of said City, including related drainage improve- _ ments, and on the proposition of issuing bonds of the said City for the purpose of constructing and equipping a fire station; Now, Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1: That an election shall be held in and throughout the City of Huntsville, Texas, on the 5th day of October, 1971, between the hours of 7:00 a.m. and 7-00 p.m., at which election there shall be submitted to the duly qualified P resident electors of said City who own taxable property within said City and who have duly rendered the same for taxation and to the duly qualified resident electors of said City, for. their action thereupon, the following propositions, to-wit:; PROPOSITION I SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE MAXIMUM AMOUNT OF $5b0,000, MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING FORTY (40) YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT ANY RATE OR RATES AND TO SELL SAID BONDS AT ANY PRICE OR PRICES, PROVIDED THAT THE NET EFFECTIVE INTEREST RATE, AS DEFINED BY ARTICLE 717k-2, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, ON ANY ISSUE OR SERIES SHALL NOT EXCEED TEN PERCENT (10%) PER ANNUM, ALL AS MAY BE DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CON- STRUCTING PERMANENT PUBLIC IMPROVEMENTS, TO-WIT: CONSTRUCTING AND IMPROVING THE ROADS, BRIDGES AND STREETS OF SAID CITY, INCLUDING RELATED DRAINAGE FACILITIES; AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY MATURE? PROPOSITION II SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE MAXIMUM AMOUNT OF $100,000, MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING FORTY (4o) YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT ANY RATE OR RATES AND TO SELL SAID BONDS AT ANY PRICE OR PRICES, PROVIDED THAT THE NET EFFECTIVE INTEREST RATE, AS DEFINED BY ARTICLE 717k-2, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, " ON ANY ISSUE OR 'SERIES SHALL NOT EXCE$D TEN PERCENT (10%) PER ANNUM, ALL AS MAY BE DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING AND ACQUIRING PERMANENT PUBLIC IMPROVEMENTS, TO-WIT: CONSTRUCTING AND EQUIPPING A FIRE STATION; AND TO F LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY MATURE? l i Section 2: That the entire City shall constitute one election precinct, and said election shall be held at the Huntsville Fire Department Building, 1226 14th Street, - within said City, and the following named persons are appointed officers of said election, to-wit: Mr. Lloyd Martin Presiding Judge Mrs. Margie Ray Assistant Judge Section 3: That voting in said election shall be ! by the use of paper ballots which shall conform to the requirements of the Election Code of_ the State of Texas, and have printed thereon the following: OFFICIAL BALLOT PROPOSITION I [ ] FOR THE ISSUANCE OF $500,000 STREET [ ] AGAINST IMPROVEMENT BONDS PROPOSITION II [ ] FOR THE ISSUANCE OF $100,000 FIRE- [ ] AGAINST STATION BONDS The voter shall vote on each proposition by placing an "X° in the square beside the statement indicating the way he wishes to vote. Absentee voting shall be conducted by the Clerk for Absentee Voting, namely, Frank Robinson, Jr., kssistant City Secretary, and the place at which the absentee voting shall be conducted is designated as the Office of the City Secretary in the City Business Office in Huntsville, Texas, which is also the Absentee Voting Clerk's mailing address to which ballot applications and ballots voted by mail may be sent. Said Clerk shall keep said office open for at i i least eight (8) hours, that is, from 8:00 a.m, to 5:00 p.m. on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday. Section 4: That the election shall be held and conducted and returns made to this City Council in accor- dance with the Election Code of the State of Texas. Section 5: It is hereby found that recent decisions of the Supreme Court of the United States of America may have created uncertainty as to the lawful manner of calling and conducting said election; therefore, said election shall be called, held and conducted as two separate but simultaneous ' elections, to-wit: one election at which only the resident, qualified electors of the City who own taxable property. within the City and who have duly rendered the same for . .taxation shall be entitled to vote on the proposition and another election at which all resident, qualified electors of the City shall be entitled to vote on the proposition. The votes cast at each of said separate but simultaneous elec- tions shall be recorded, returned, and canvassed separately. Section 6: Notice of said election shall be given by posting a copy of a notice containing a substantial copy of this resolution at the City Business Office, at the City Hall, and at one other public place within said City, not 'less than fourteen (14) days prior to the date upon which said election was to be held and by publica- tion of said notice on the same day in each of two cnnsecu- tive weeks in The Huntsville Item, a newspaper published in, is and of general circulation within, the City of Huntsville, Texas, the first of skid publications to be made not later i than fourteen (14) days prior to the date set for said ejec— tion. I PASSED AND APPROVED this 14th day of September, 1971. /s/ Marion A.y King - Mayor Pro-Ten, City of Huntsville, Texas ATTEST; eldon C l man City Secretary, City of Huntsville, Texas i 0 No file page CG-15 (Rev. 1-1-71) RESOLUTION WHEREAS, it is contemplated that the City of Huntsville will construct certain waste water treatment facilities; and it is deemed necessary and proper to apply for a federal grant under the Federal Water Pollution Control Act, Public Law 660, as amended. NOW THEREFORE, BE IT RESOLVED by the above named applicant that W. Ben Blalock, Mayor or his successor, is hereby authorized and directed to make application for a federal grant under Public Law 660, as amended, and to sign the Acceptance of the Offer, when made, and any other necessary documents required to complete the project on behalf of the above named Applicant. BE IT FURTHER RESOLVED that the above named Applicant will: 1. Acquire a fee simple or such other estate or interest in the site of the project, including the necessary easements and rights-of-way, as to assure undisturbed use and possession; and that in the event such title, estate, or interest in such site, easements or rights-of-way may in the future be contested, the above named Applicant will defend and maintain its title in such site and hold the United States Government blameless in such action; and that before any federal payment is requested pursuant to a grant, the above named Applicant will provide certification as to the sufficiency of such estate or interest. 2. Provide an operation and maintenance manual for the facilities which is acceptable to the State Water Pollution Control Agency and the Environmental Protection Agency and will fulfill the tasks described therein. 3. Provide the necessary funds which are estimated to be approximately $28,500 per annum for the proper operation and maintenance of the facilities. 4. Employ qualified personnel in accordance with the recommendations or requirements of the State Water Pollution Control Agency to operate the waste water treatment facilities; and will require its consulting engineer or agent to provide certain on-the-job training for employees during start-up of the facilities. PASSED, APPROVED AND ADOPTED this lttti day of MaU 19 71 W. Ben Blalock, Mayor,of City of Huntsville (SEAL) ATTEST: �' (Signature of "Secretary", "City Clerk", etc. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 71-04-27 Auth.Police to Assist in an Emergency 04-27-71 RESOLUTION AUTHORIZING THE ADMINISTRATIVE ASSISTANT TO THE MAYOR OR THE CHIEF OF POLICE OF THE CITY OF HUNTSVILLE, TEXAS, TO ASSIST ANY OTHER COUNTY OR MUNICIPALITY IN CIVIL EMERGENCIES, NATURAL DISASTERS, OR ANY OTHER MAN-MADE CALAMITY. WHEREAS, Article 999B, Revised Civil Statutes of Texas, authorizes any County or Municipality by resolution to make provision for or to authorize its Chief Administrative Officer or the Chief of Police to make provision for use of said City's regularly employed law enforcement officers to assist any other County or Municipality, when in the opinion of the Mayor, or other officer authorized to declare a state of civil emergency in such other County or Municipality, such assistance is required to protect the health, life and property of such other County or Municipality, its inhabitants, and the visitors thereto, by reason of a state of civil emergency, and WHEREAS, it is the desire of the City Council of the City of Huntsville, Texas, to render such assistance under such circumstances upon request by other counties or municipalities and to authorize the Administrative Assistant to the Mayor of the City of Huntsville, Texas, or the Chief of Police of Hunts- ville, Texas, to act upon any such request and to dispatch law enforcement officers of the City of Huntsville, Texas, to render such assistance under the circumstances as stated: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, assembled in regular session on this the 27th day of April, 1971, that the Administrative Assistant to the Mayor or the Chief of Police of the City of Huntsville, Texas, either or both, be, and the same are hereby authorized to act upon the request of any official of any other County or Municipality who request assistance in times of civil emergency and to render such assistance as authorized under the provisions of Article 999B, Revised Civil Statutes of the State of Texas. MOVED AND ADOPTED on this the 27th day of April, 1971, in Open Council. W. BEN BLALOCK, JR.,' Mayor ATTEST: City Secretary RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 81-14 Walker Co. Youth Assoc. RESOLUTION NO. 81-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, OPPOSING DIVISION OF WALKER COUNTY BETWEEN TWO STATE LEGISLATIVE DISTRICTS. WHEREAS House Bill 960 proposed division of Walker County and the City of Huntsville between two State representative districts; and WHEREAS the division of Walker County and the City of Huntsville between two State representative districts significantly increases the expense of conducting elections; and WHEREAS the division of Walker County and the City of Huntsville between two State representative districts creates severe practical problems in conducting elections; and WHEREAS the division of Walker County and the City of Huntsville between two State representative districts substantially reduces the political rights of the citizens of Walker County; Now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that Section 1: The City Council of the City of Huntsville, Texas, unanimously opposes the division of Walker County or the City of Huntsville between two State representative districts. Section 2: The decision of the Texas Supreme Court invalidating House Bill 960 and the impending work of the Legislative Redistricting Committee make consideration of this item an emergency. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, on this the Ist day of September, A.D. 1981. THE CITY OF HUNTSVILLE, TEXAS ATTEST: BY-7 am yWlliam V. Nash, Mayor C-104D.Sh�a., Ci �Secreta�ry � APPROVED AS AS TO FORM: S '�t1/V Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 72 Weldon M. Coleman RESOLUTION WHEREAS, WELDON M. COLEMAN has for many years been a loyal and faithful employee of the City of Huntsville and has ren- dered outstanding service to the said City and the citizens of Hunts- ville by his devotion to duty and continued endeavor to bring new and innovative ideas to the administrative offices of the said City thereby producing a more efficient and effective operation of City business affairs; and WHEREAS, during most of the years of such service to said City the said WELDON M. COLEMAN has served with distinction as City Secretary and City Comptroller and discharged the duties of such offices in a commendable manner, and WHEREAS, the said WELDON M. COLEMAN has submitted his resignation as City Secretary, Comptroller and as an employee of said City, which said resignation has been accepted with regret by the City Council of the City of Huntsville and the said City Council of the City of Huntsville desires to officially recognize the past service of the said WELDON M. COLEMAN and to commend such service and the facts recited herein; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntsville, Texas ,does hereby officially acknowledge the many years of service to said City by WELDON M. COLEMAN and does extend the thanks of the City for such service rendered with best wishes to the said WELDON M. COLEMAN in his years of retirement. WHEREUPON said Resolution was duly seconded and passed by unanimous vote in open Council on this the 28th day of November, A. D.,,1972. THE CITYY OF HUNTSVI//LLE,, TEXAS BY:= /��/sem L i/C . MORRIS I. WALLER, Mayor No file page The City Council of the City of Huntsville, Texas met in a legally convened meeting_ in the Council Chambers in the City Hall, Huntsville, Teras on May 23, 1972, with Mayor Pro tem Frank H. Moore presiding. The following Councilmen were in attendance: Councilmen John W. Amick, Scott E. Johnson, Paul W. Knox, Edwin G. Sandhop and Ralph A. David. The following Councilmen were absent: Danny R. Billingsley, John F. Thompson, Councilmen and Morris I. Waller, Mayor. Also present were Mr. O. C. Nelson, Citv Administrator, Mr. Gerald Harris, City En- gineer, Mr. Martin D. Colley, City Attorney, Mr. N. B. David- son, the City's consulting engineer, and Mr. Weldon Coleman, City Secretary. The following resolution was presented to the City Council: R. E S O L U T I 0 N WHEREAS the City of Huntsville has made a contract with the Elkins Lake Municipal Utility District to use part of the capacity of the main sanitary sewer lines in the Elkins Lake Municipal Utility District to carry the flow of sanitary sewage originating in the southern part of Huntsville to a joint sewage lift station and sewage treatment plant serving both the City of Huntsville and the Elkins Lake Municipal Utility District, AND WHEREAS the future population in Huntsville to be served by such sewer lines in the Elkins Lake Municipal Utility District was estimated to be 8,000 persons at the time the con- tract was made, and the future population is now estimated to 15,400 persons by year 1990, which will require additional future sewer line capacity for sanitary sewage flow in the Elkins Lake Municipal Utility District to serve citizens of Huntsville, AND WHEREAS the City of Huntsville and the Elkins Lake Municipal Utility District have each made an application for a federal grant in aid for construction of the joint sewage treat- ment facilities and for the additional outfall and interceptor sewer lines to be constructed, and whereas the Environmental Protection Agency, the federal agency to make the grant, has questioned the inadequacy of the main lines in the Elkins Lake Municipal Utility District and requires certification that addi- tional sewer lines will be constructed to carry all of the sewage load from the citizens of Huntsville to the sewage treatment plant, NOW THEREFORE BE IT RESOLVED that the City Council of the City of Huntsville, does, does hereby agree and certify to the Environmental Protection Agency that additional sanitary sewer lines as required to carry the sewage flow to the sewage treat- ment plant will be constructed before or by the time the existing main sanitary sewer lines serving Huntsville citizens in the Elkins Lake Municipal Utility District are loaded to their capacity. After the resolution was read aloud, Councilmen Edwin G. Sandhop moved its adoption and Councilmen John W. Amick se- conded the motion. Mayor Pro tem Moore called for a vote on the motion. The vote was unanimous for the adoption of the resolu- tion. CERTIFIED AS CORRECT: Fzank H. Moore, Mayor Pro tem- ATTEST: 7 Weldon Coleman, City Secretary CITY SECRETARY'S CERTIFICATE I, Weldon Coleman, City Secretary for the City of Huntsville, Texas, do hereby certify that the foregoing is a true and correct excerpt from the Minutes of the City Council of Huntsville, Texas, as recorded in Volume No. x , on page No. 34 y of the Book of Minutes of the City Council of the City of Huntsville, Texas. Signed: Weldon Coleman, City S cretary City of Huntsville, Texas Ii17COI21)S Sr.RJFS 1"I"I f,i: OPdiliances,Orcfets,lZesolutions SCI(I�1�UI.L NO.: 1000-05 ELKINS LAKE SEWER LINE REQUIREMENT DATE: 5-23-72 � � R ®-w. B. DAVIDSON, P.E. CONSULTING ENGINEER HUNTSVILLE.TEXAS 773-0 PHO Y ES: HIM= 295.3355 OF.Ic= 295-9271 P.O.3az 65n June 11, 1973 a3 wa=r_ o et 1 P. O. Bos 13246 1109 Lavaca Street Capitol Station Austin, Texas 78711 In r_. Project WPC Te.x-9071 Trunk Sewer Elkins Lake-Section III Job No. 0718-011-1 Gentlemen: Pursuant to the terns of the above referenced grant, enclosed herewith are five copies of contract documents and technical specifications for construction of Trunk Sanitary Sewer and appurtenances-Elkins Lake, Section III, Job No. 0718-011, Con- tract No. 1, executed by and between Lake:vood Hi11s *funic nal Utility District and E s E Construction, Inc. This contract document has been previously approved by your office and the Environmental Protection Agency. ' Please note that we have also included an assignment from E & E Utility Construction, Inc. of their interest in this contract to J. K. Simmons & associates, which assignment was approved by both .._ City of Huntsville and Lakewood Hills Municipal Utility District under the nrovisions of Section 41 of the Ga.•__al Con- This assignment became n.^_czasary be- ditions of the contract. - 4 cause 5 E Utility Construction, Inc. and J. K. Simmons Assocsates E agreed that J. K. Simmons-& Associat'Ds would do tha •,crk called for by the contract. Accordingly, thecity of Huntsville and La'.-:awood Hills Municipal Utility District h, no obj-e..t ion and singe 71-ch assignment was possible under Section 41 of the General Contract, all the parties agreed that it was in the best interest of the project for the assignment to be _,,ecuted. is our understanding that your office nest now approve the change in location of certain lines :within the Elkins Lake and in this connection, we wish to point out that included in --Un_ contract documents is a letter from E & E utility Cors-'ruction, Inc. _ndi.cating that the change of location will not charge the unit price as bid in the proposal. Accordingly, it is felt that all th,::sa documents are now ready for your approval but should any questions arise concern- this project, please contact the undersigned. ,r I might add that it is our intention to issue a work order on this project at the earliest possible date and we would therefore, appreciate your early approval so that we might move forward with this project_ i i Sincerely, N.B. Davidson,T_'.E. MDC:lm Encls. cc: City orHuntsville, Texas - wisenbaker, Fix & lssociates Elkins Lake MUD I Resolution City of Huntsville and Elkins Lake Add Sewer Line Require Enviromental Protection Agency "May 23, 1972 History: To meet future demands the City entered into contract with Elkins Lake Municipal utility District to use capacity of main sewer lines in District to help carry sewage orgi.nating in the southern part of the City to a joint sewage lift station and sewage treatment plant. Budget: The City and the District have applied applications for grants to aid in the construction of new sewage system. Legal: To qualify for grants the City has to present questions as to the adequacy of present system. Also the Enviromental Protection Agency requires certification that additional lines will be built to handle the sewage load from all the cities citizens. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 72 Roadway EasemenT P.1Ay 9, 1972 At its regular meeting on Tuesday, X1UA"X qVt, the City Council, upon motion made by Counc-i.2man S.i22.ing3 Ely and seconded by Counc.ik.man Amick duly enacted the following Resolution by a vote of 7 to_p_: RESOLUTION WHEREAS, the City of Huntsville heretofore purchased an 0.87 acre tract from Sarah Adelle Hall by deed dated January 22, 1971, recorded in Vol. 233, Page 131, of the Walker County Deed Records, said tract now being used for a water plant, and WHEREAS, it is desirable to widen and straighten the county road providing access to said tract, NOW THEREFORE, be it resolved that the Mayor is hereby authorized and directed to join with the adjacent land-owners, M. B. Etheredge and Sarah Adelle Hall, in a roadway easement grant to Walker County so as to widen such county road to sixty feet. Mayor ATTEST: City Secretary RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 72 Walker Co. Roadway Easement Grant 'r tfAV 9, 1972 At its regular meeting on Tuesday, A&fAX2SCXX)9,TXX the City Council, upon motion.made by Coanc.i..Cman B.i_.ettnj2,5fpg,and seconded by Councilman Amick duly enacted the following Resolution by vote of to - RESOLUTION WHEREAS, the City of Huntsville heretofore purchased _ an 0.87 acre tract.from Sarah Adelle Hall:by deed dated January 22, 1971.,"recorded,in Vol. 233,- Page-131, of-the Walker County Deed Records, said.tract now being used. for a water plant, and WHEREAS, it is desirable to widen and straighten the..county road providing access tosaid tract, NOW THEREFORE, be it resolved that the Mayor is hereby,authorized and directed to join with the adjacent land-owners, M. B. Etheredge and Sarah Adelle Hall, in a roadway easement grant to Walker County so as to widen,such county road to sixty feet. -Mayor ATTEST: City Secretary.. - - RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 73 Radio Equipment RESOLUTION AUTHORIZING BIDS FOR PURCHASE OF EQUIPMENT WHEREAS, a necessity exists for the City of Huntsville, Texas, to purchase certain radio equipment for use by City forces consisting of one (1) base station, one (1) antenna, four (4) remote desk sets, and twenty-one (21) mobil 2-1 frequency equip- ment radios; and WHEREAS, the Houston-Galveston Area Council desires to act as the agent for the said City of Huntsville in publishing information on bids for such radio equipment in connection with the purchase of like equipment for other cities, all of which will re- sult in the benefit to the City of Huntsville by reduced cost through volume purchase. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that the Director of Public Works be, and he is hereby, in all things authorized to enter into an agreement in behalf of the City of Huntsville with the Houston- Galveston Area Council for said organization to request bids on the radio equipment needed by the City of Huntsville, Texas, and upon receipt of bids by the Houston-Galveston Area Council to transmit such information to the City Council of the City of Hunts- ville for acceptance or rejection of any and all bids, with the said Houston-Galveston Area Council to submit such bids in accord- ance with the laws of the State of Texas and the Charter of the City of Huntsville. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote on this the /:3- day of November, 1973. THE CITY OF HUNTSVILLE, TEXAS MORRIS I. WALLER, Mayor ATTEST. CITY SECRETARY 370 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ��56U,1�L157'l, �'rWttir� CYs Senn lb 4- 1nCLU-S*iM Of land ltU�rt-Wlc 09 RESOLUTION GRANTING CONSENT TO THE INCLUSION OF LAND WITHIN THE EXTRATERRITORIAL JURIS- DICTION OF THE CITY WITHIN SPRING LAKE UTILITY DISTRICT. WHEREAS, pursuant to Section 54.016, Chapter 54, Texas Water Code, a majority in value of the holders of title of the land therein have filed a request for consent, from the City of Huntsville, to create Spring Lake Utility District; and, WHEREAS Spring Lake Utility District '. lies within the extraterritorial jurisdiction of the City of Huntsville; and, WHEREAS, Spring Lake Utility District '' proposes to provide water, sewerage, and storm drainage facili- ties and services to the land within its boundaries; BE .IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: That the City of Huntsville hereby grants its consent to the inclusion of land lying in its extraterritorial!; jurisdiction within Spring Lake Utility District, the boundaries of the proposed district being described in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: That the City Secretary is hereby directed to file a copy of such resolution in the permanent records of her office. ADOPTED: ��, 1973. Mayor, City of Huntsville, Texas.'. ATTEST• �hl City Secretary, City of Huntsville, Texas. APPROVED AS TO LEGAL FORM: City Attorney, City of Huntsville, Texas. (CITY'S SEAL) i i "EXHIBIT A" FIELD NOTES FOR Spring. Lake :;TILITY DISTRICT BEGINNING at a point in the east right-of-way to FM Highway 1374 in the J. Hume Survey, A-264, Walker County, said point being 40 ft. from, and at right angles to, engineer's centerline station 1264.20, a 5/8-in. iron rod from which a 12-in. pine bears S870E 25.8 ft., an 11-in black jack bears N600E 15.6 ft., and a 10-in. pine bears S620E 5.8 ft.; THENCE,.S 080 54' 11", E 401.35 ft., along an un- improved road to a concrete monument for corner; THENCE, continuing along said road, S370 41' 28" E 315.03 ft. to a concrete monument for corner; THENCE, S 230 57' 24" E 372.76 ft. along the road to a concrete monument for corner; THENCE, S 100 06' 34" E 150.55 ft., along the road to a concrete monument for corner; THENCE, S 000 48' 33" E 239.19 ft., along the road to a concrete monument for corner, said corner being in the south line of the J. Beachamp Survey, A-92, Walker County; THENCE, with said survey line, S 630 37' 36" E 296.10 ft., to a concrete monument in the south line of the Beachamp Survey, which monument also marks the northwest corner of the W. N. Mock Survey A-401, Walker County; THENCE, with the Beachamp-Mock Survey lines, S 650 E 2,532.48 ft., to an iron rod for corner, said corner being also the southeast corner of the J. Beachamp Survey; THENCE, with the east line of the Beachamp Survey N 250 E 1344 ft., to an iron pipe for corner, said corner being also the northeast corner of the Beachamp Survey; THENCE, with the north line of the Beachamp Survey N 650 N 2724.3 ft., to a concrete monument for corner; THENCE, S 250 E 600.07 ft., to the centerline of Autumn Road, at 570.07 ft., passing a concrete monument marking the north right-of-way for Autumn Road; THENCE, with the centerline of said road N 650 53' W 1153.0 ft., to the centerline of FM Highway 1374, said point being at engineer's centerline station 105+10; THENCE, with the centerline of said FM 1374, as recorded in Volume L, page 617 of the Minutes of the Walker County Commissioners Court Meetings 2,110 ft., to the PLACE OF BEGINNING. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONgENTS OF FILE: D v-cU navy c- I cvtf 4a.x-es AN ORDINANCE LEVYING TAXES UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION IN THE CITY OF HUNTSVILLE, TEXAS AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS THAT: SECTION ONE: That there is hereby levied, for the current year on all real property situated and all personal property owned within the limits of said Citv of Huntsville, Texas, on the first day of January, 1974, except so much as may be exempt under the constitution and Laws of this State and of the United States, the following taxes: (1) An ad valorem tax of and at the rate of Seventy-Three Cents ( .73)-------- , on the One Hundred ($100.00) Dollars cash value thereof, estimated in lawful currency of the United States for the current expenses for the support and maintenance of the City Government of said City of Huntsville, Texas. (2) An ad valorem tax of and at the rate of Forty-Seven Cents on the One Hundred ($100.00) Dollars cash value thereof, es, lawful currency of the United States, to pay current interest on and provide one year's sinking fund and to pay all of the principal and interest accuring on all outstanding bonds, paving bonds, funding warrants, improvement bonds and warrants and any and all other bonds and warrants outstanding heretofore lawfully issued by the City of Huntsville, Texas and -which are not levied outstanding obli- gations of the said Cit_v of Huntsville, Texas. SECTION TWO: All property upon which a rate of taxation is hereinabove levied shall be assessed on a ratio of 503 of the estimated market value thereof. SECTION THREE: The above and foregoing ordinance shall take effect and be in full force from and after its passage and approval. Adopted and approved in open Council this the day of , 1973. MORRIS I. WALLER, MAYOR i ATTEST: GRACE TURNER, ACTING CITY SECRETARY 1 , PROVED: -, tfARTIN D. COLLEY, CITY ATTORNEY 293 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 73-08 Appoint Asst.City Sec.&Dep.Tax Assessor 08/73 RESOLUTION WHEREAS, a necessity exists for the appointment of an Assistant City Secretary and a Deputy Tax Assessor-Collector in the administrative offices of the City of Huntsville for the purpose of having on hand at all times during normal business hours a person officially designated to subscribe or attest various instruments for the respective officials of the City; and WHEREAS, the City Charter of the City of Huntsville authorizes the City Secretary to appoint such assistants as may be authorized by the City Council and said Charter further authorizes the City Manager to appoint Department Heads which the City Council of the City of Huntsville interprets as implying the authority to appoint Deputy Tax Assessor-Collectors as may be necessary from time to time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that the City Secretary of said City be, and he is hereby in all things authorized to appoint an Assistant City Secretary for the purpose of carrying out such duties imposed by law upon the said City Secretary in the absence of the said City Secretary or under his direction, and be it further RESOLVED that the City Manager of the said City be authorized to appoint a Deputy Tax Assessor-Collector to act in the absence or under the direction of the Tax Assessor-Collector in carrying out the duties of such office. WHEREUPON, said resolution was duly made and seconded and passed by unanimous vote of the City Council in regular session on the day of August, A. D., 1973, and in witness whereof the Mayor and the City Secretary of said City have hereunto set their hands and caused the seal of the City to be affixed hereto. THE CITY OF HUNTSVILLE, TEXAS BY: MORRIS I. WALLER, Mayor ATTEST: FRANK ROBINSON, JR., City Secretary 284 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 73 Garden Club Of Huntsville RESOLUTION WHEREAS, THE GARDEN CLUB OF HUNTSVILLE, TEXAS, has historically been interested in the beautification of the City of Huntsville through the display of garden plants; and WHEREAS, THE GARDEN CLUB OF HUNTSVILLE has shown this interest through the conduct of such projects as the Yard of the Month Contest, the donation of related books to libraries, the presentation of related programs to local public schools, the recent contribution of 100 crepe myrtle bushes placed on the 16th Street espanade, and many other worthwhile endeavors; and WHEREAS, THE GARDEN CLUB OF HUNTSVILLE is a group united by the common bond of providing a more beautiful City and receives no reward for their endeavors other than the attainment of such a City; and WHEREAS, the respected citizen does more than reside within a City by achieveing dignity through his contribution to the community of which he is a part; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Huntsville, Texas, that the Huntsville Garden Club be commended for its outstanding accomplishments resulting in the realization of a more beautiful Huntsville. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote of the City Council of the City of Huntsville, Texas, on the 24th day of July, 1973, and to certify which the Mayor of said City has hereto set his hand and seal of the City to be affixed hereto. THE CITY OF HUNTSVILLE, TEXAS MORRIS I. WALLER, Mayor ATTEST: 1 w CITY SECRETARY t, � I� RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 73 Larry Dickens � ';. :k:"" ',y ?3.-„• �''-�"-.�}-�;..;�.+...Y.`,.,»K*x,..-'`�yya.:::Y ..,,� ,z. ,.:§.��k.�Siu.3�rriu+c:ta:�::",na.<.�:.c...;:.�?d.:s;N:::ts:�.r� RESOLUTION WHEREAS, EDWIN LARRY DICKENS, Doctor of Philosophy, and Associate Professor in the Department of Government at Sam Houston State University, a member of the Huntsville Jaycees, and a member of the City Council of the City of Huntsville, Texas, as well as other responsible civic and professional I organizations; and, WHEREAS, for many years said EDWIN LARRY DICKENS has devoted his untiring efforts in expressing the philosophy that service to humanity is the best work of life and in so doing has set forth an example for all to see and to follow with the result that many citizens of Huntsville and of the State of Texas have received the benefit of his devotion to such outstanding princi- ples and philosophies with all of such contributions having been made without thought of recognition or reward; and, WHEREAS, annually the Texas Jaycees honor those individ- uals determined to be outstanding young Texans chosen by a panel of distinguished judges from a group of many nominees; and, WHEREAS, the said EDWIN LARRY DICKENS has been chosen as one of the Five Outstanding Young Texans for 1973 and will be publicly honored at the Annual F.O.Y.T. Banquet and Ceremonies to be held in Victoria, Texas on July 28, 1973; and, 1 1 WHEREAS, the City Council of the City of Huntsville, Texas desires to acknowledge the honor thus bestowed on the said EDWIN LARRY DICKENS and to join with many others in express- ing sincere congratulations to fellow councilman for having been selected and honored; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that EDWSV LARRY DICKENS be commended for his outstanding accomplishments resulting, in his selection as an outstanding young Texan for 1973 and the first citizen of Huntsville, Texas, to be so selected, AND BE IT FURTHER RESOLVED that the City Council of the City of Huntsville, Texas, go on record in further commending the said EDWIN LARRY DICKENS for having exemplified the traditions and ideals of the people of Texas and the United States of America in his service and efforts in behalf of all mankind. WHEREUP0N, said Resolution was duly made and seconded and passed by uranir<.ous vote of the City Council of the City of Huntsville, Teras, on the 10th day of July, 1973, and to certify which the mayor of said City has hereto set his hand and caused the seal of the City to be affixed hereto. i i THE CITY OF HUNTSJ_TLLE, TEXAS BY: MORRIS I. WALLER, mayor ATTEST. I� L �tl CITY S._. ETARY � I MN i i s i �<T 4 � RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 73 Little Dribblers i RESOLUTION i WHEREAS, Little Dribblers, inc. is an organization dedicated to the improvement of the youth of America through organized sports activities and has created national interest on the part of young people in participating in competitive sports, more particularly - basketball, with the ultimate goal of promoting a wholesome environment in the community in which the youth of the community may grow and develop into better citizens, all of which is a commendable program and which has been conducted with much public support in the Huntsville area for the past two years; and WHEREAS, Little Dribblers, Inc. is now headquartered in Levelland, Texas, where the national Little Dribblers Tourna- ment has been held with much benefit to the community and sur- rounding area and which would be an asset to any community; and WHEREAS, Little Dribblers, Inc. has expressed interest in moving its headquarters to Huntsville, Texas, because of the location and the facilities available within the City and the City Council of the City of Huntsville, Texas, is appreciative of the interest expressed in this community by Little Dribblers, Inc. and desires to go on record to encourage the location of the national headquarters of Little Dribblers, Inc. in the City of Huntsville. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that should Little Dribblers, Inc. see fit to locate the national headquarters of such corporation in the City of Huntsville, that said City Council will do its utmost to render support of the community in helping the program initiated by such corporation to be a successful enterprise within the com- munity and to commend Little Dribblers, Inc. for the service it has rendered the youth of the Untied States, and of this community in creating a competitive organized program of sports for the youth of America. 1 WHEREUPON said Resolution was duly mach and senonded and passed by unanimous vote of the Council on this the 24th day of May, 1973; in witness whereof, the Mayor and City Secretary of said City lhave hereunto set their hands and caused the seal of said City to i be affixed hereto. ' i THE CITY OF HUNTSVILLE, TEXAS BY: MORRIS I. WALLER, Mayor ATTEST: CITY SECRETARY .a a a RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 73 Walker / Byrd land • RESOLUTION WHEREAS, the City of Huntsville, Texas, a municipality, pursuant to Section 14.14 of the Charter of the City of Huntsville, Texas, the City Council of the said City has caused to be advertised in the official newspaper of the City for two consecutive weeks a request for bids for the sale of certain real estate located in the Warren Birdsell Survey, A-6, Walker County, Texas, and in response thereto WALKER-BYRD BUILDING MATERIAL, INC. submitted a bid for such real estate in the amount of $201,888.99, which bid was the high bid received by the said City and after consideration by the City Council of the City of Huntsville, said Council desires to accept said bid and to enter into a contract of sale with WALKER-BYRD BUILDING MATERIAL, INC. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that the bid of WALKER-BYRD BUILDING MATERIAL, INC. for the purchase of 15.769 acres of real estate in the Warren Birdsell Survey, A-6, in Walker County, Texas, belonging unto the said City in the amount of $201,888.99 be accepted and be it further RESOLVED that the Mayor of said City be authorized to enter into a contract of sale covering such real estate providing that such sale shall be consumated on or before 90 days from the date hereof with said contract to contain provisions for the deposit of $5,000.00 earnest money by WALKER-BYRD BUILDING MATERIAL, INC, and to be applied to the total purchase price, said contract to be en- forceable by specific performance by either party if not consumated within said 90 day period, with said City to furnish an Owner's Title Insurance Policy insuring good and indefeasible title and that the Mayor of the said City be further authorized to execute and deliver a deed of conveyance to said property upon delivery of the balance of the purchase price by WALKER-BYRD BUILDING MATERIAL, INC. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote on the day of May, A. D., 1973, and in witness whereof the Mayor and the City Secretary of said City have hereunto set their hands and caused the seal of the City to be affixed hereto. THE CITY OF HUNTSVILLE/, TEXAS MORRIS I. WALLER, Mayor ATTEST: / City Secretary WALAR Y" *, BYRD BUILDING MATERIALS WHOLESALE DISTRIBUTORS P.O.Box 88 • Phone A/C 713 2959138& 2959139 HUNTSVILLE,TEXAS 77340 MANUFACTURER O YELLOW PINE LUMBER May 21, 1973 To The City Of Huntsville: 4:e would like $o submit the following bid for the 15.769 ACRES of land in the Warren Birdsell League A-6 Walker County, Texas. Our offer is $ 201,888.99 ( Two h}mdred one:thoudsn8 eight hundred eighty eight dollars and ninety nine cents). We request ninety days for closing, orginal copy of the recent survey, and all of the minerals thatt the city now owns on this property. / Walker- Byrd Building Materials J. C. Walker and H. L. Byrd RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCI-JEDULt.NO.: 1000-05 CONTENTS OF PILE: I a�pIr� cha�gc, (V-w buew s��c 0 s ® RESOLUTION WHEREAS, Section 17-4, Chapter 17, of the Code of Ordinances of the CITY OF HUNTSVILLE, TEXAS, states that there shall be charged and collected a tapping charge for all new water services connected to the City Water System in such amounts as may, from time to time, be fixed by the City Council of the CITY OF HUNTSVILLE, TEXAS; and WHEREAS, the City Council of the CITY OF HUNTSVILLE has caused to be made a complete analysis of the comparative costs of water taps both inside and outside the limits of the said City and has determined what the reasonable and necessary costs for such taps should be and pursuant to the said Code of Ordinances of the CITY OF HUNTSVILLE, the said City Council now desires to set the charges for water taps. NOW, THEREFORE, BE IT RESOLVED by the City Council of the CITY OF HUNTSVILLE, TEXAS, that pursuant to Section 17-4, Chapter 17, of the Code of Ordinances of the CITY OF HUNTSVILLE, TEXAS, that from and after the date hereof and until further directed by Resolution of the City Council of the said City that charges for water tap to City water lines both inside and outside the limits of said City shall be as follows: Inside Cit Outside Cit 3/4" tap 90.00 160.00 ® 1" tap $115.00 $200.00 WHEREUPON, said Resolution was duly made and seconded and passed upon unanimous vote of the said City Council on this the day of May, A. D., 1973, and in witness whereof the Mayor and the City Secretary of said City have hereunto set their hands and caused the seal of the City to be affixed hereto. THE C7_TY OF HUNTSVILLE/ TE� -MORRIS I. WALL R, Mayor ATTEST: CITY SECRETARY 185 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 73 Jerry Nemec RESOLUTION WHEREAS, the City of Huntsville, Texas, in cooperation with the Texas Highway Department has heretofore undertaken the improvement of Highway 75 within the corporate limits of the said City of Huntsville, Texas, which said project involved many obstacles prior to and during the construction period on said project; and WHEREAS, Jerry Nemec, Resident Engineer for the Texas Highway Department in Walker County, Texas, rendered invaluable service to the said City of Huntsville and to the citizens of Walker County, Texas, by his personal supervision and attention to solving the problems encountered in getting said project ini- tially approved and in the subsequent supervision of the construction stage of said project, thereby enabling the City of Huntsville in cooperation with the Texas Highway Department to complete said con- struction program in the minimum of time and with a minimum amount of difficulty resulting in a thoroughfare through the City of Hunts- ville which not only makes a significant contribution in easing the flow of traffic through said City but also has resulted in a more attractive commercial area of the said City; and WHEREAS, the City Countil of the City of Huntsville, Texas, is of the opinion that the successful completion of said construction project and the resulting benefit to the City of Huntsville and its citizens and the citizens of Walker County, Texas, was greatly aided by the said Jerry Nemec and that by virtue thereof, the said Jerry Nemec and the Texas Highway Department should be commended for the exemplary manner in which said project was initiated, under- taken, and completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that JERRY NEMEC, Resident Engineer, Texas Highway Department, be officially commended by the City Council of the City of Huntsville, Texas, for his outstanding service to this community and the citizens thereof in bringing to completion a pro- ject of extreme importance to the community and that a copy of this Resolution be officially presented to the said JERRY NEMEC and the TEXAS HIGHWAY DEPARTMENT as a means of expressing the appreciation of the citizens of Huntsville, and Walker County, Texas, for the con- tributions so made to the betterment of the community. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote on the 8th day of May, 1973, in a meeting of the City Council of the said City of Huntsville, Texas, and in witness whereof the Mayor and City Secretary have hereunto set their hand and the seal of the said City. THE CITY OF HUNTSVILLE, TEXAS/ BY: MORRIS I. WALLER, Mayor ATTEST: City Secretary RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 73 John F. Thompson o • RESOLUTION WHEREAS, JOHN F. THOMPSON is a member of the City Council or the City of Huntsville, Texas, and as such has devoted many hours of time and effort in attending to the affairs of the City of Hunts- ville for a period of over eighteen months and during such time has been a leader in bringing about important changes in the structure of the City Government and in instituting a Council-Manager System for the City and implementing new City policies all designed to improve the quality of services offered by Municipal Government to a growing community; and WHEREAS, in addition to the activities of Municipal Govern- ment with which the said JOHN F. THOMPSON has been instrumental in promoting, the said JOHN F. THOMPSON has made invaluable contributions to the community as a whole through his participating in numerous other community endeavors, including Church, Chamber of Commerce, and other civic organizations, particularly the Jaycees; and WHEREAS, the efforts of the said JOHN F. THOMPSON in behalf of the principles and objectives of the Jaycees and his outstanding leadership ability have been recognized in the past by his election to numerous positions of responsibility in the state organization and has been honored as one of the Ten outstanding National Directors of the Jaycees organization; and WHEREAS, the said JOHN F. THOMPSON is now a candidate for the position of President or the Texas Jaycees, an organization of young men in 275 chapters representing over 15,000 members in the State or Texas, a post for which the members of the City Council of the City of Huntsville believe the said JOHN F. THOMPSON is eminently qualified; and WHEREAS, it is the desire of the City Council of the said City or Huntsville, Texas, to make a public declaration of the con- fidence and respect the members of the City Council hold for the said JOHN F. THOMPSON, and to urge and encourage his candidacy for the office of President of the Texas Jaycees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntsville, Texas, commend the candidacy of JOHN F. THOMPSON as President of the Texas Jaycees to all members or the Texas Jaycees and encourage and solicitate the support of all voting delegates at the convention of said organization to be held in Austin, Texas, May 10th through May 12, 1973. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote of the City Council and in witness whereof the Mayor of said City and the City Secretary have hereunto set their hands and the seal of the City. THE CIT7Y�OF HUNTSVILLE, TEXAS BY: "P- MORRIS I. WALLER, Mayor ATTEST: City Secretary RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 73 Texas Highway Dept./Hwy. 75 Impvmts. RESOLUTION WHEREAS, the City of Huntsville, Texas, in cooperation with the Texas Highway Department has heretofore undertaken the improvement of Highway 75 within the corporate limits of the said City of Huntsville, Texas, which said project involved many obstacles prior to and during the construction period on said project; and WHEREAS, Jerry Nemec, Resident Engineer for the Texas Highway Department in Walker County, Texas, rendered invaluable service to the said City of Huntsville and to the citizens of Walker County, Texas, by his personal supervision and attention to solving the problems encountered in getting said project ini- tially approved and in the subsequent supervision of the construction stage of said project, thereby enabling the City of Huntsville in cooperation with the Texas Highway Department to complete said con- struction program in the minimum of time and with a minimum amount of difficulty resulting in a thoroughfare through the City of Hunts- ville which not only makes a significant contribution in easing the flow of traffic through said City but also has resulted in a more attractive commercial area of the said City; and WHEREAS, the City Countil of the City of Huntsville, Texas, is of the opinion that the successful completion of said construction project and the resulting benefit to the City of Huntsville and its citizens and the citizens of Walker County, Texas, was greatly aided by the said Jerry Nemec and that by virtue thereof, the said Jerry Nemec and the Texas Highway Department should be commended for the exemplary manner in which said project was initiated, under- taken, and completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that JERRY NEMEC, Resident Engineer, Texas Highway Department, be officially commended by the City Council of the City of Huntsville, Texas, for his outstanding service to this community and the citizens thereof in bringing to completion a pro- ject of extreme importance to the community and that a copy of this Resolution be officially presented to the said JERRY NEMEC and the TEXAS HIGHWAY DEPARTMENT as a means of expressing the appreciation of the citizens of Huntsville, and Walker County, Texas, for the con- tributions so made to the betterment of the community. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote on the 8th day of May, 1973, in a meeting of the City Council of the said City of Huntsville, Texas, and in witness whereof the Mayor and City Secretary have hereunto set their hand and the seal of the said City. THE CITY OF HUNTSVILLE, /�TEXAS // BY: -/ /- GIN MORRIS I. WALLER, Mayor ATTEST- City Secretary ROLL NO. RESOLUTION DESCRIPTION DATE N0. SC-RES- 73-02-27 TRINITY RIVER BASIN SUPPORTS TRA&TAX AND 2-27-73 BOND MEASURES SC-RES- 73-04-24 ANNEXATION OF WYNNE FARM,MCADAMS ADDITION 4-24-73 &FISH HATCHERY AREAS SC-RES- 73-04-24 ACCEPTS LAND BID FROM WALKER BYRD$201,889 FOR 4-24-73 15.769 ACRES OF AIRPORT LAND SC-RES- 73-05-08 TEXAS HIGHWAY DEPT.IMPROVEMENT OF HIGHWAY 5-08-73 75 SC-RES- 73-05-08 JOHN F.THOMPSON COMMENDATION,CANDIDACY AS 5-08-73 PRESIDENT TEXAS JAYCEES SC-RES- 73-05-08 JERRY NEMEC COMMENDATION(RESIDENT 5-08-73 ENGINEER,TX.HIGHWAY DEPARTMENT) SC-RES 73-05-24 ACCEPTS LAND BID FROM WALKER BYRD$201,889 FOR 5-24-73 15.769 ACRES OF AIRPORT LAND SC-RES- 73-05-24 TAPPING CHARGE FOR NEW WATER SERVICES 5-24-73 SC-RES- 73-05-24 LITTLE DRIBBLERS SUPPORT FOR LOCATION OF 5-24-73 NATIONAL HEADQUATERS IN HUNTSVILLE SC-RES- 73-07-10 LARRY DICKENS CROMMENDATION CUTSTANDING 7-10-73 YOUNG TEXAN FOR 1973 SC-RES- 73-07-24 THE GARDEN CLUB OF HUNTSVILLE,GAVE 100 CREPE 7-24-73 MYRTLE BUSHES,PLANTED 16TH SC-RES- 73-08-20 CITY SECRETARY APPT.ASST.CITY SECY.&CITY 8-20-73 MANAGER APPT.DEPUTY TAX ASSESSOR SC-RES- 73-09-11 LEVY TAXES 9-11-73 SC-RES- 73-09-25 GRANTING CONSENT TO THE INCLUSION OF LAND 9-25-73 WITHIN THE EXTRATERRIRORIAL JURISDICTION SC-RES- 73-11-13 CITY OF HUNTSVILLE PURCHASE OF RADIO I1-13-73 EQUIPMENT r ORDINZ_.<CE CLOSING THE HEARING GIVEN TO THE REAL A`iD TItUL G,'J:ERS 02 2ROPERTY ABUTi'I.NG UPON STREE IN Ti:;. CITY 0: ::UNTSVI :, TEX3,S, T?__:iII. THE LI;�;ITS ii., .EI;i>:T-Ea, DEFINED :S i0 SIIEC . -E,"EZiTS 20 ACCRUE TO SZI_D P GS'F,3'i: PA\D THE O'D TRUE 0::.:.,j<S `1 HER' i:GF PY VIP._U`C OF THE - !PROVE TENTS G _D STREETS j^.' iIi SAID LIMITS, AnJ AS TO ANY ERRORS, IN- VALIDIJ:IES OR IRREGULARITIES IN ANY 0= THE PROCEEDINGS OR CONTRACT TriERE?OP. FINDING AND DETi._. N'i2:G T11AT EACi: AND 'VERY PT,RCEL 02 PROPERTY ABUTTING UPON SAID ST.,3ET WIT' LI'-"ITS DEFINED WILL BE SPECIAL'., LD AN'D :EN-LANCED V_.'UE I :CES OF `CH _.:0;:_;^.. G ' _: C i 1 .3?.ID P: •4:% ENTS PROPOSED TO BE, AND AS, ASSESS D AGAl','L 1 Si'sID A£ TTING PROPERTY AND THE REAL AND TRUE OWNERS Ti ERECT-, AND -EVYING ANY ASSESSMENT FOR THE PAYMENT CF A PORTION OF THE COSTS Or SUCH IMPROVING SAID STREET WITHIN THE LI;.•:ITS DEFINED; _'iXIN G A CIAr.vn A..D LIEN AGAIN,,T AL-:a SAID ABUTTING PRO'LRTIES, -.ND a E REAL AND TRUE. OWNERS THEREOF: AND PROVIDING FOR THE :TANKER AND 2,12THOD OF COLLECTION OF• .SAID .7V_S2SS:1ENTS AND CERTIFICATES: DECLARING AN EMERGENCY;NCY; AND PROVIDING THIS OaDI\Z:N'CE SHALL BECOME EFFECTIVE 12-2-l-'.DIATELY UPON ITS PASSAGE. BE IT ORDAINED BY T:.E CITY CGUNCiL OF THE CITY OF EUNTSVILLE, TEXAS: SECTION 1. The City COUnCii Of the City of Fii:ntS- ville, Texas finds: (a) That the City Council of the City of Huntsville, Texas, has heretofore by Ordinance duly acted on the 27th da_ Of jun 1972 determined ned G..- nc:ce slay Tor and ordered - '.lprOVe172n1s of - Lal.: streets, wit,.in tine cornora c: li-i-_s of tine said City of Hun"svili- Texas, in the mannar and acco.-ding to plans and specificatic..s for such L:iprove- which p1,_.__. ar.d specie cztio; were - c .:or ap_.)roved c, adootL- cd v the City Council and wh,ch said streets and i;proves,ents pertaining thereto as containad 4n said or- dinance were as ::oilo is: (1) TO 'ave, curb and c:lltter the Nor-':i one.fell= of Crosstimbers Drive from its intersectio:: with Interstate Gi:way ..°i SOL-vice Rodd EasL a distance of 535.2 feet. The entire Street is to be 36' :aids: concrete curb and gut'to 1-1/2" asphalt surface with 3-1/2" crushed stone base. TOTAL ESTIMATED COST OF IMPROVE:iE\T..----$2,946.96 (2) To paves curb and gutter ._the South one-half of Crosstimbers Drivefro:, _-_, V c rsection with Interstate ,_ hway �5 ServiceRoad nasi dis-.n.0 of 402,6 feat. e . t- - street is to be 36' .aide, conere`�e curb and gntzers, 1-1/2" asphalt surface with E-1/2" crushed stone base. TOTAL ES=KATED COST OF IMPROVEMENTS----$2,65 3G VOL. a53 PAGE 6 /7 rF Li C)m o D' ri'G ''= F'''I ri r 0 G m 'U f; F'•P,j P, n, rn y P, o O u' N 010 O 0 P.C) Fhm r•;S C; If r' 'i,r f 'f ' N :I F'•'U `1 "f h,'C. '; C, Ih^, SJ ft rl' 0 fv v 0 0'J r.'. f✓F•' d.l rh'U f'',�; ti ICI N r U'P, Cn `i 1< ft rt'S (. :rt'r'r'J F-u' P, f: ci' (D ti C; N O -i U) f-'V.. ' W (0 0 5'O N'u Co v, P Co rh h'• 5'(L G G to N m G 0 O r; () Fi in F'•G 0: N G,ti r N < N P.P, N 0 m F; CO F'•Fi rY p. riri N P. Cl G F'• J U: P, r; P,It 0 rt m. 0 F rt'J m Fi G N0r{ rt O h'•CL t-' „F+•.t ^, rt W cr rt (_II PJ rr co -; N (J `r rt Sv ��I.'.P, t! 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F;`, N f;0 F'.0 ri'p Fi P,P' N , 'f Fi F'- P, ^f P, P,;i 0 '1 N 0 rt. N P, u) rO N S rt P, 1G N t Us, d r. ti 0 P,O ri- N as compared with tihe portion of the cost of constructing said improvements proposed to be assessed against the abutt-ingpro- perty, and has heard all partiesappearing and relative to such matters and relative to any errors, invalidities or irregulari- ties in any of the prOCCeGiI1CJg and methods for said making or desiring to make such protest or objection or to offer testimony, has fully examined and considered all of said evidence, matters, testimony, and objections offered. (g) Pilau based on the evidence, matters, testimoav and .objections considered at such hearing the said City Council has etermined that the properties, and each of every parcel of such property abutting upon the streets and units as hereinafter set out, will be enhanced in value and specially benefited in as amount in excess of the amount of the cost of such improvements proposed to be, and as hereinafter, assessed against each of the said parcels of property, abutting upon said street, and the real and true owners thereof. (h) :What said City Council is of the opinion, and finds, ,11at the Front F:J_ Plan or Rale uniformly applied :could be e:iuitable, ilavingI view tine spacial benefits to the enhanced value of the respective properties. (i) That said City Council has adopted the Front foot Plan or Rule and has found the same to be just and equitable considering the benefits to be received and the burdens imposed thereby; and the City Council has further found upon the evidence that the assessments hereinafter made and the charges hereby de- clared against the abutting properties and the real and true owner thereof are just and equitable and that all objections and protests should be overruled and denied. SECTION 2. There being no further protest or testimony for or against or in reference to said improvements, benefits, or proceedings, said hearing granted to the real and true owners of properties abutting upon said street or units, within the limits defined, and to all persons, firms, corporations, and estate owning or claiming same or any interest therein, shall be, and the same is hereby closed, and all protests and objection whether speci- fically mentioned or not, shall be, and the same are hereby over- ruled and denied. SECTION 3. The City Council hereby finds and determined upon the evidence heard in reference to each and every parcel of pro-herty abutting upon the street or units hereinafter set out than the enhancement in value to accrue to said property and the real and true owners thereof by virtue of the construction .of said improvements in said portions of said street, will be in excess of the amount of the costs of said improvements, proposed to be, and as herein assessed against said abutting properties and the real and true owners thereof; and finds that the apportionment of the costs of said improvements and the assessments hereinbelow made are just and equitable and produce substantial equality, considering the benefits received and the burdens imposed below hereby, and are in accordance l!l-tl the laws of the State of Texas; and further finds that all pro- ceedings heretofore had with reference to said improvements are in all. respects -regular, proper and valid and that all prerequisites to the fixing and assessment liens against said abutting properties, as hereinafter described, and the personal liability of the real and tru owners thereof, whether named or corrected named herein or not, have been in «11 things regularly had and performed in compliance with the law r:nd the proceeding of said City Council. vas. a53 PFlr1 6i9 VEL. PAGE 626 SECTION A. In pursuance of said ordinance duly enacted by said City Council authorizing and ordering the improvements of said streets and units as hereinbolow set out, which ordinance was passed as aforesaid, on the 27th day of June, 1972, and in pur- suance of the said proceedings heretofore had and enacted by said CityCourcil in reference to said improvements and by virtue of the powers vested in said City with respect to said street im- provemeents by the laws of the State of Texas, and particular reference to Chapter 1066 of the acts of the First Called Session of the 40th Legislature of the State of Tetas, :mown and shc:an as Article 1105-b, Vernon's Annotated Civil Statutes of Testas as amended, there shall be and is hereby levied, assessed, and taxed against the respective parcels of property hereinafter de- scribed and abutt.Lng t'ipoa said streets and units hereinafter set out and within the lirjits belo-a defined against the real and true o:ne:s of such property whether such real and true owner neer named or cor'rectl'y named, or said properties be correctly described herein or not, the several sums of money hereinbelow mentioned and itemized opposite the description of the respective parcels of said property, the number of front feet of each, and the several amounts assessed against same and the real and true owners thereof, and time o_` the apparent owners ttzereo- all as col=acted - justed by said City Council being as fo_lo -s on the respective im- provements to be made, to-wit Paving, curbing and guttering Crosstimbers Drive from its intersect-ion with Interstate Highway 45 Service Road a length of 535.8 feet on the North Side, and a length of 482.6 feet on the South Side, which said Street is located in the City of Huntsville, Texas, in the P. Gray League, Abstract No. 24, oa the North and South sides. NORTH SIDE: FRONT FOOTAGE $ iia Z'T. ASSESSMENT Doyle McAdams and R, B. Thomason, Vol. 186, Pg. 373 410.8 $5.50 $2,259.40 Thomas Smith, Vol. 204, Pg. 750 125.0 $5.50 $ 687.50 TOTAL NORTH SIDE 535.8 $2,946.90 SOUTH SCD Jo E. Sha-,I, Vol. 234, Pg. 433 482.6 $5.50 $2,654.30 TOTAL SOUTH SIDE 482.6 $2,654.30 TOTAL BOTH SIDES 1018.4 $5,601.20 SECTION 5. The emission of the improvements in any of said streets or units as a whole shall in no%,ise affect nor impair the validity of the assessments in any other of said units in ._rant o any parcel of property exempt from the Tian of such assessments or' against which a valid property assessmen-t cannot be levied shall in nowise affect nor impair the validity of the assessments against the other properties in such unit. SECTIO.' 6. The several suT - above in Section 4 hereof, assessed against sai.: parr1of the :putting property, and the real and rue owners or owner thereof, whether said oc•,ners be named or correctly named, or said properties be correctly de- scribedye in or not, together -,.:i+--hei h intest thereon at rate of sit: (6) per cent per annum and with reasonable atto-rr.ey' • fees and all costs and expense of collection, if -'Incurred, are hereby de- cla-red to be' and made -first and prior lien upon the respective parcels of property against which same are -assessed from and after the date said improvements were ordered by said City Council, and a personal liability and charge against the real and true Owner or oc•:ners thereof, whether or not such owner or owners he named or correctly named herein, paramount and superior to all other liens, claims, or titles except for lawful ad valorem tares; arid that he sums so assessed shall be payable to the City of Huntsville, or its assigns as follows, to-:•;it: in five (5) equal annual installments, the first of which will he payable on or before thirty (30) days after the completion and acceptance of said City Council of said improvements and the four (4) remaining installr,ents to Ue du) and two (2) , three (3) , and four " ;;ears payable respective:iy, one(1) , from and after said date of completion and acceptance o,. said im- provements, by said City Council, deferred payments to bear interest u six per cent per annum, payable =r oral such date at tl:c rete of ( ) annually, past due installments of principal to bear interest at the same rate per annum, until paid, so that upon the completion and acceptance by said City Council of the improvements in any unit or port' of street above defined the assessments against the property abutting upon such completed and accepted unit shall be and become due and payable in installments and with interest as above provided; iro;;eve' an, owner o' —.1 property e;isll ha•:- the right to pay Off the entire amount of any such assessments or any ins'caliment thereof before maturity by paying principal and accrued interest to date of such payment, and provided further, that if default shall be made in the payment of any installment of principal or interest when due, then the entire amount of said assessment upon which default is made, at the option of the City of Huntsville, or its assigns, shall be and become immediately due and payable and shall be collectible, together with reasonable attorney's fees and all costs and expenses of collection, if incurred. SECTION 7. If default shall be made in the payment of any of said sums herein assessed against the said parcels of pro- perty, and the real and true owner or owners thereof, collection thereof shall be enforced, at the option of the City of: iiuntsville, in any court having jurisdiction, er or its assigns, either by suit by sale of the property assessed as nearly as possible in the manner as may be provided by law in force in said City for the sale of property for the collection of ad valorem ta:ces. SECTION 8. For tine purpose of evidencing said assessments, the liens securing same and the several sums assessed against the aid parcels of proper'ty, and the real and true owner or oomers t eeo=, and the time and terms o` paynent,Land aid in the en- rforcement thereof, assignable certificates shall be issued by the City of Huntsville, Texasto the city of Huntsville upon the Corapletion and acceptance of any, payment by the City of Hunts - Ville for aid improvements in any unit or portion of street above defined, and which certificates shall be executed by the Mayor in the name of the City, attested by the City Clerk with the Corporate Seal, and which shall declare the amounts of said assessr;,ents and the times and terms thereof, the rate of interest thereon, the date o% tine completion and the acceptance o the improvements for which the certificate is issued; and shall contain the same of the apparent owner or owners accurately as possiUle, and tine descriphoeof of the property assessed by lot and 'block number or front foot , or such other descriptions as may otherwise identify the same, and i£ said property shall be o�:med by an estate or firm, then to so state the fact shall be sufficient, and no error or mistake in describing a-iy such prooerty or in giving the name of any owner or owners, or ofher:vise, sha11 in anyc•7ise invalidate or im;�air the assessment levied ficates issued in evidence thereof. hereby or the certi VOL The said certificates shall further provide substantially that i.f default _.all be made in the payment of any installment of principal or interest when due, then at the option of the City of Huntsville, or its assigns, or the holder thereof, the whole of said assessment evidenced thereby shall at once become due and payable and shall be collectible with reasonable attorney's fees and all expenses and costs _of collection, if incurred; and said certificate shall set fortis and evidence the personal liability of the real and true owner or owners of such property, whether namod or correctly named therein or not, and the lien upon such property, and that said lien is first and paramount thereon, superior he all liens, titles and charges, emcept for lawful ad valorem taxes from and after the Hage said improvements were ordered by said Council, and shall provide in effect, that if default shall be made in the payment thereof, the same may be enforced athe option. o: the City of Huntsville, or its assigns, either by the sale of the property therein described in the manner provided for the collection of ad valorem taxes as above recited, or by suit in any court having jurisdiction. Said certificate shall further recite in effect that all the proceedings with reference to makings aid improvements have been regularly had in compliance with the law in force in said City and proceedings of the city Council of said City and that all prerequisites to the firing of the assessment lien against the property and the person liability of the real and true owner or owners thereof, evidenced by such certificates, have been regularly cone and performed, which recitals shall be evidence of all the matters and facts so recited, and no further proof thereof shall be required in any court. The said certificates may have coupons attached thereto in evidence of each or any of the several installments thereof, which may be signed with the facsimile signatures of the Mayor and City Secretary. Said certificates shall furthcr provide in effect that the City of Huntsville, Teras, shall exercise all of its lawful powers, when requested to do so by the holder of said certifi-- cites, to aid in the enforcement and collection thereof, and said certificates may contain other and further recitals pertinent and appropriate thereto. It shall not be necessary that said certifi- cates shall be in the exact formabove sot forth but the sub- stance and effect thereof shall sufficE . SECTION 9. All such assessments levied are, and shall beGpersonal liability Und charge against respective real and true owner or owners said abutting properties, no0with- standing such owner or owners may not be named or correct) named, and - irregularity in the name of the property owner, wne or the de- scription of any property or in the amount of any assessment, or in any other matter or thing shall not in anywise invalidate or =impair any assessment levied hereby or any certificates issued, and any such mistake, or error, invalidity, or irregularity, whether in such assessment or in the certificates issued in evidence thereof, may be but is not required to be, in order to be enforceable, corrected at any time by the City Council of i:untsville, Texas. The total amounts assessed against the respective Parcels of property abutting upon the units or portions of streets above set out and owand rue oner or o"ers thereof, are t�:- same, o�' ; lessr, - than, the of said assessments prepared �� by the �� ..Engine. and�approvcd and adopted by said Cit_ Council, and are in accordance with the proceedings of said City relative to said improvements and assessments therefor, and with the terms, powers, and provisions of Gid Chapter 106, of the ActsActsand the First Called Session, of the 4O.h Legislature of the State of Texas, commonly known as Article 1105-b of Vernon's F,nnotated Civil Statutes of Texas, as amended, under which terms, provisions and powers of said Acts, said improvements and assessments were had and n;ade by said City Council. SECTION 10. The fact that the improvements called for herein indicate that on certain streets that no curbs or gutters exist and on others no paving exists on the portions of the streets to be improved according to this ordinance ma}les it imperative that the improvements called for herein be installed without delay and creates an emergency and :imperative public necessity for the im- mediate preservation of the public health, safety and general wel- fare and that in accordance with the charter of the City of iIunts- ville, Texas, and as authorized by law, this ordinance shall be passed and take effect from and after its passage, and it is so ordained. PASSED by unanimous vote of the City Council in regular meeting on this day of August, A.D., 1972. -!,-,,ORRIS I. WALLER, N,AYOR ATTEST: WELDOAT COLE&VN, City Secretary �t1 / "Pni.RTIN D. COLLEY, City Attorney z VU L. -2 5.3 RAGE C� THE STATE OF TEXAS, COUNTY OF WALKER I, J.L.FERGUSON, CLERK OF THE COUNTY COURT, CERTIFY THAT THE FOREGOING INSTRUMENT WAS FILED FOR RECORD IN MY OFFICE THE ��DAY OF 1973 AT I/: RECO ED ON THE�,• DA,Y f�O�F 1973 ATS O'CLOCK M. / BY��`^ �`r `BEPUTY COUNTY COURT,WALKER COUNTY,TEXAS CROSSTIMBERS 006,79 AFFIDAVIT OF NOTICE THE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WALKER X BEFORE ME, a Notary Public, in and for Walker County, Texas, on this day personally appeared FRANK ROBINSON, JR., City Secretary of the City of Huntsville, Texas, who, being by me here and now duly sworn, upon oath says: That the duly elected and constituted City Council of the City of Huntsville, Texas, adopted an Ordinance on the 27th day of June , 197 2, declaring a necessity for and ordering the permanent improvement of certain portions of public streets in the City of Huntsville, and providing for a hearing on such Ordinance and providing for notice to property owners abutting the streets to be improved; that the City Council on the 8th day of August , 197 2 did adopt an Ordinance, attached hereto and incorporated herein and marked Exhibit "A", wherein the hearing given to the said Owners of property abutting on said streets was closed, and assessment was levied against said property owners for such improvements as a lien upon said property and as a personal liability against the Owners of said property, all of which are set out in such ordinance attached as Exhibit "A"; that the property so levied on are located in the P. Gray League, Abstract No. 24, in Huntsville, Walker County, Texas. WHEREFORE, The City of Huntsville, Texas, acting by and through its City Council has caused this Affidavit and Notice to be signed by the City Secretary in the name of the City of Huntsville, and to have the official seal of the City of Huntsville, hereto affixed this the 26th day of February , A.D., 1973 THE CITY OF HUNTSVILLE, TEXAS E BY J/Lfcb'1� /L Lf;It}/uZv FRANK ROBINSON, JR. t � • City Secretary csEi. f� VO-L.X53 PAGE_ �— V t f ' ,J o THE STATE OF TEXAS X '1CJJ.3 VOL. ocPAGE�I° i COUNTY OF WALKER X ! BEFORE ME, the undersigned authority, on this day per- sonally appeared FRANK ROBINSON, JR., City Secretary of the City of Huntsville, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity as therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the �4"h day of A.D., 197 3. ��' NOTARY PUBLIC, in and f ' e 100"""" 4/1•t Walker County, Texas r My Commission Expires June 1, 1973 rFy .. (4...' f 1 a I 1 FRANK ROBINSON, JR. n TO z .� to THE PUBLIC pt X0'Z, V o D AFFIDAVIT OF NOTICE 1 bb ��nn(�t!G� it�6elkM.- 8T PLED WIMAL J FEB 2,��FN I 1 J. FEItG ' ,r,t � ,t Gol!nty i in k t�IXl.i'u,rrry lass v 01 COLLEY SIMPSON&HANEY e: HUNTSVILLE TE%AS ��'�t - �r r k�a �}�.,,cx � � f,, :{ k r r t � SI r t r .P- � t 'sr P r+';s+,, `` +✓h.�,w�4��* P1, . �.,�# t'�ii'i�.,.�.trl,��f�M�ax.��a '. c�rttkYca��e�.':ss RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 73 Trinity River RESOLUTION WHEREAS, in 1955 the Texas Legislature created the Trinity River Authority of Texas and entrusted said authority with the responsibility "to prepare a master plan for the maximum development of the soil and water resources of the Trinity River Watershed;including plans for the complete utilization, for all economically beneficial purposes, of the water resources of the watershed"; and WHEREAS, the completed master plan for development of the Trinity River basin is a bold, imaginative, comprehensive plan, of conservation and development, including plans for water supply, navigation, flood control, soil conversation, recreation improvement and pollution control measures; and, WHEREAS, a great deal of progress has been made in implementing the various master plan programs in the areas of water supply, soil con- servation, recreation improvements, pollution abatements; and WHEREAS, Congress has authorized the Trinity River Multipurpose Channel Project which project is designed to further the completion of the Trinity River Master Plan of development by providing for basin-wide flood control and navigation with additional water supply, recreation improvements, pollution control, soil conservation benefits; and, WHEREAS, the Board of Directors of the Trinity River Authority of Texas has determined that it will now be necessary to levy an authorized ad valorem tax of fifteen cents (15�) on the $100.00 of assessed valuation com- puted at 2516 of the assessed value equalized uniformily throughout the terri- tory of the authority and issue river improvement bonds in the amount of $150 Million Dollars to finance the non-Federal share of cost for construction of the planned improvements of the Trinity River basin of Texas; and WHEREAS, it is desired that the citizens of the Trinity River Basin within the territory of the authority approve said tax levy and bond issue for which an election has been called March 13, 1973, in the territory of the authority by the Board of Directors of said authority; and WHEREAS, the approval of said tax levy and bond issue will insure the continued beneficial development of the Trinity River Basin and will in- sure the continued sound growth of the City of Huntsville. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntsville, Texas, supports the efforts of the Trinity River Authority of Texas to continue the beneficial development of the Trinity River Basin and supports the Authority's efforts in seeking voter approval of said tax and bond measures. UPON MOTION DULY MADE AND SECONDED, the foregoing Resolution was passed and adopted the 27th day of February, 1973. MORRIS I. WALLER, MAYOR ATTEST: FRANK J. ROBINSON, JR., SECRETARY it RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION GIVING NOTICE OF ANNEXATION RESOLUTION GIVING NOTICE OF ANNEXATION PROCEEDINGS, SETTING A PUBLIC HEARING CONCERNING SUCH ANNE_,ATION AND DESCRIBING THE AREA TO BE P14NEXED: WHEREAS, the City of Huntsville, Walker County, Texas, under the authority of Article 970a, Revised Civil Statutes of Texas, desires to annex certain lands and premises within the extra territorial jurisdiction of the said City of Huntsville, Texas, which said area to be annexed is within the specified limits authorized to be annexed in accordance with the Statutes applicable thereto; NOW THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that a public hearing be held before the City Council of the said City of Huntsville, Walker County, Texas, concerning the intention of the said City of Huntsville, Texas, to annex the premises hereinafter described, which said meeting, shall be held on .,ay ^o, 1973, dt 7:00 o'clock P.M. in the City Council Chambers of the City of Huntsville, in the City Hall, and be it further resolved that the City Secretary shall cause to be published notice of such Public hearing, by publication of the within resolution, in the Huntsville item, a newspaper having general circulation in the County of Walker and in the territory proposed to be annexed, which such notice shall be published at least once in such newspaper not more than 20 days nor less than 10 days prior to said hearing, and that said notice be directed to all parties interested in said anne- xation proceedings who may be present and be held at such public hearing. The area proposed to be annexed is described by metes and bounds as follows: f.. WHEREUPON, said Resolution was duly seconded and passed by unanimous vote of the City Council of the City of Huntsville, Texas, on this the 24th day of April, A.D., 1973. MORRIS I. WALLER, MAYOR ATTEST: City Secretary APPROVED: City Attorney i 1 0 FIELD NOTES Annexation BEGINNING at a point, said point being the intersection of the South Right-of-Way of F. M. Hwy. No. 2821 with the East line projected to the most Northeastern line of the Department of Corrections Wynne Farm Property; THENCE Northerly 580 feet to a point; THENCE Easterly 500 feet from and parallel to the North Right-of- Way of FM Hwy. 2821, to a point, said point being 500 feet West from the West Right-of-Way of Loop 405; THENCE North, 500 feet from and parallel to the West Right-of-Way of Loop 405, approximately 1,150 feet; THENCE Northeasterly 500 feet from and parallel to the Northwest Right-of-Way of Loop 405, approximately 1980 feet; THENCE Southeasterly to intersect the Northwest corner of the McAdam's Subdivision; THENCE Easterly along the North line of the McAdam's Addition to a point where if extended would intersect the Southwest Right-of-Way of U. S. Hwy. 19; THENCE Southwesterly along the said Right-of-Way to the Southwest corner of a O. F. Shipp tract; THENCE Easterly approximately 1050 feet; THENCE South 220 West approximately 900 feet to the North Right- Of-Way of F. M. Hwy 2821 (Fish Hatchery Road) ; THENCE Westerly along the said North Right-o£-Way to intersect the West line of the Foster BOBO Survey Abst. 74; THENCE South along the said West line of the Foster BOBO League to a point, said point being North 01020' West 433.1 feet from the Southwest corner of said BOBO League, said point being also the Southeast corner of Hill'n Dale Subdivision; THENCE North 88030' West 1,010 feet to a point which is 500 feet from the East Right-of-Way of Hwy 19; THENCE Southwesterly 500 feet from and parallel to the said Right- of-Way to intersect the present City Limits; THENCE following the present City Limits to the Place of Beginning. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONITENTS OF FILE: �1e�'Ol,uhun- qq-1 _ffty Lat htyp e-'16 nq U01, Lw cu6j b l RESOLUTION NO: //7-/--/ WHEREAS, it has been the practice in the past of accepting partial payments on City Utility Bills, rather than requiring full disposition, and WHEREAS, such practice is creating a financial problem to the City in meeting it's just obligations to its creditors, which is neither warranted nor justified, and WHEREAS, it is the desire of the City Council and City Administration to correct this problem; NOW, THEREFORE, BE IT RESOLVED that as of March 1, 1974, the City will require full payment of the customers utility bill for all services rendered on the due date of the bill, partial payments can be accepted prior to the due date of the bill however this will in no way relieve the customers obligation to pay the full bill prior to the due date. Delinquent accounts will have their services discontinued if not paid in full by the cut-off date. PASSED this the, %—day of January, 1974. �JZ,- MORRIS I. WALLER, MAYOR GRACE TURNER, CITY SECRETARY 24 RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 74-02 Title: NO TRUCKS WEIGHING OVER 20,000 ON SYCAMORE ST. Date: 02-26-74 loti, carried unanimously. LATE HOUR PERMITS Mayor Waller presented to the Council a request for a late hour permit that had been presented to them at their previous Council work session. The late hour permit would allow all Saloons to stay open until 2:00 A.M. Notion was made by Councilman Davis and seconded by Councilman Amick that Late Hour Permits would not be granted and the hours remain as they now are. Motion carried unanimously. FINANCING OF STREET BOND PROGRAM Mayor Waller presented to the Council status of financing for the Street Bond Program. Mayor Waller stated that sufficient funds are available until March, 1974 and that this subject needs no Council action at this time. RESOLUTION - FULL PAYMENT OF UTILITY BILLS Jim McAlister, City Manager, presented to the Council a Resolution Requiring Full Payment of Utility Bills. Jim McAlister stated that the City has been accepting partial payments on water bills which has caused financial problems to the City. Mr. McAlister also stated that in hardship cases this requirement would be waived and arrangements for payment would be made by the Customer Service Supervisor or the Director of Finance. Motion was made by Councilman Amick and seconded by Councilman Dickens that the Resolution be adopted. Motion carried unanimously. (Copy attached.) AIRPORT LEASE AGREEMENT Martin Colley, City Attorney, presented to the Council a Lease Agreement between the City of Huntsville and William L. Shipman. Mayor Waller suggested to the Council that the tennants at the Airport be invited to the next Work Session in order to let them know the lease is being negotiated. BIDS ON NEW PUBLIC WORKS CENTER Jim McAlister, City Manager, presented to the Council bids on the New Public Works Center recommending that the bid be awarded to Nash Construction Company in the amount of $136,349.00. Motion was made by Councilman Amick and seconded by Councilman Dickens to award the bid to Nash Construc- tion Company. Motion carried unanimously. ADMINISTRATIVE REPORT Jim McAlister, City Manager, presented to the Council a request from Mr. Posche, Huntsville Housing Authority, to waive the 37' wide requirement for collector streets which is required by the Comprehensive Plan to 31' wide streets. Motion was made by Councilman Davis and seconded by Councilman Knox to approve the adjustment from the Comprehensive Plan to 31' wide streets for the Huntsville Housing Authority Project. Motion carried unanimously. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: g f INeI' 5c'mu 3 RESOLUTION NO.� WHEREAS, the cost of providing a service tap to a City sewer main is exceeding the present charges being levied for this ser- vice, and the cost of materials and labor have also increased con- siderably in past months; and WHEREAS, the City has been charging $50.00 for any sewer tap regardless of actual expenses incurred and it has been determined through cost accounting procedures that it is costing an average of $78.00 to provide a sewer tap on an unpaved street and $145.00 approximately on a paved street; and WHEREAS, all Cities' financial operations are under audit and observation by the Environmental Protection Agency of the Federal Government to insure that sanitary sewer systems "pay their way" in all phases of operation cost; then NOW THEREFORE BE IT RESOLVED, that the City Administration through it's Water and Sewer Department is hereby instructed to charge an amount equal to actual cost for each sewer service tap provided by the City, and a deposit of anticipated costs be required in advance at the City Business Office. Once cost has been determined, the balance will be returned or levied as needed. i MORRIS I. WALLER, MAYOR GRACE TURNER, CITY SECRETARY RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-4 Impvmts. to streets within loop 405, 75S RESOLUTION 74-4 WHEREAS, by Ordinance dated January 23, 1973, the City Council of the City of Huntsville, Texas, authorized the improvements to certain streets within said City and in said Ordinance authorized the levying of assessment against certain properties for the payment of paving improvements abounding such properties and affixed a lien against such properties to secure such paving assessments all as provided by law and as more clearly shown in said Ordinance which included, among others, assessments to pave, 'curb and gutter Old Houston Road from its intersection with Loop 405 to its intersection with U. S. Highway 75 South, a center line distance of 4,089.29 feet for a total estimated cost of improvements and assessments of $144,200.00, and Stern Road for a center line distance of 1,742 feet for a total estimated cost of improvements in the amount of $56,611.95; and WHEREAS, Section 6 of the said Ordinance of assessment provides for the method of payment of sums due by the real and true owners of such property with the first payment thereof to be due and payable on or before thirty (30) days after the comple- tion and acceptance by the said City Council of the City of Hunts- ville of such improvements; and WHEREAS, the improvements as called for in said Ordinance insofar as same cover and include Old Houston Road and Stern Road have now been completed and the City Council having been advised by the City Engineer that the same are ready for acceptance by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that improvements to Old Houston Road from its intersection with Loop 405 to its intersection of U. S. Highway 75 South and improvements to Stern Road from its intersection with feeder road of Interstate 45 to the West boundary of Boettcher Drive, be, and the same are hereby accepted by the said City Council; and BE IT FURTHER RESOLVED that all owners of property abounding said street be advised that payments on said paving assessments due the City of Huntsville shall be due and payable from and after thirty (30) days from the date hereof in accord- ance with the terms of said Ordinance dated January 23, 1973. BE IT FURTHER RESOLVED that the Mayor and Citv Secretary be, and they are hereby authorized in all things to issue paving certificates evidencing the indebtedness due and owing by the real and true owners of the properties abounding such streets so improved and to negotiate such certificates in the name of said City, all as provided for in said Ordinance and that further the form of such certificates be in the form now approved by the said City Council and attached to this Resolution as Exhibit "A" and after execution by the said Mayor and the City Secretary shall bear the seal of said City. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote on this the_f2Z-_day of April, 1974. THE CITY OF HUNTSVILLE, TEXAS BY V x. MORRIS I. WALLER, Mayor A=TT : e HAW, City Secretary ROVED AS To ( RM• MARTIN D. COLLEY, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: 4.h6lm, b� We V S it- 1�w c 5 RESOLUTION NO. 74-5 WHEREAS the City adopted an ordinance in 1973 providing specific policies and procedures for the extension of water and sewer lines to customers who have not had service, and who are willing to pay their share of the cost of installation of said lines, and WHEREAS the cost of installing these lines have more than doubled since the ordinance was passed and approved, and the reference..to specific cost therein is outdated and not inkeeping with today's prices, and WHEREAS the ordinance has provisions for single and double pro rata cost, and for purposes of clarification, the term "double" pro rata share will be an-amount equal to actual costof line construction based on material and labor for installation, and single pro-rata shall be equal to one half of actual cost. NOW THEREFORE BE IT RESOLVED, that.the City Council of the City of Huntsville does hereby instruct the City Administration to establish a fee of "actual cost" for future utility line extensions. PASSED AND APPROVED THIS 9th Day of April, 1974. Morris I. Waller, Mayor Rut DeShaw, City Secretary > t RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-6 Sanitation Rates L% RESOLUTION 74-6 WHEREAS, City of Huntsville Ordinance Number 74-8 authorizes the City Council from time to time to establish rates for sanitation services and to establish frequency of collection of garbage and refuse; and WHEREAS, the city Sanitation Department has conducted a study to determine appropriate rates and frequency of collection of garbage and refuse and the City Council having found that such appropriate rates and frequency of collection would be in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Huntsville, Texas, that from and after June 1, 1974, the following rates for sanitation services shall prevail: Residential Service $4.00 per month Apartments and Mobile Homes serviced in Mobile Home Parks $3.00 per month Elkins Lake Residents $4.75 per month BE IT FURTHER RESOLVED, that such collection be twice weekly and that the City Sanitation Department shall determine the respective days of the week for each route within said City for such collections as authorized. WHEREUPON, said Resolution was duly made and seconded and upon vote was unanimously passed. IN WITNESS WHEREOF, the Mayor of said City subscribes his name" hereto and causes the City Secretary to attest to same. Passed in Open Council on this the 14th day of May, 1974. THE CITY OF HUNTSVILLE, TEXAS MORRIS I. WALLER, Mayor AT T: Ci cretary RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 74-7 Patsy Woodall Recognition RESOLUTION No. 74-7 WHEREAS, MRS. ROSS WOODALL, SR., more affectionately known as "MISS PATSY" WOODALL has served the people of Huntsville, Walker County, and the State of Texas in many ways over a period in excess of fifty years by her untiring efforts in support of worthwhile community and state-wide projects; and, WHEREAS, PATSY WOODALL has also contributed greatly to the business and economic community by her participating as an active leader in business, civic, and political affairs during her many years as publisher of the Huntsville Item, receiving recognition in numerous awards and offices within business and professional organizations; and, WHEREAS, the people of Huntsville and Walker County wish to recognize PATSY WOODALL on the occasion of her eighty-fourth birthday by calling attention to her years of outstanding service to mankind; and, WHEREAS, the City Council of the City of Huntsville, Texas desires to also participate in recognition of this outstanding lady of Texas and Walker County; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that Wednesday, May 29, 1974, be OFFICIALLY DESIGNATED AS "PATSY WOODALL DAY" within the City of Huntsville, Texas, and that such day be set aside for the specific purpose of proclaiming to all who might take notice of this Resolution that PATSY WOODALL is an outstanding citizen of this community, and that her unselfish service and dedication to high principles and ideals are matters of record for which we shall always be thankful. BE IT FURTHER RESOLVED that a copy of this Resolution be officially presented to PATSY WOODALL in recognition of PATSY WOODALL DAY. WHEREUPON said resolution was duly made and seconded and passed by unanimous vote on this the 28th day of May, 1974, in WITNESS WHEREOF the Mayor has set his hand and caused the City Secretary to attest to same and affix the official seal of said City the 2-a tS day of May, 1974. MORRIS WALLER, MAYOR RUT ESHAW, CITY SECRETARY OVED AS TO F RTIN D. COLLEY, CITY ATT NEY RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 74-5 Equipment&Cost/Construct Baseball Complex ' I Resolution 74-8 i 1, A RESOLUTION BY THE CITY COUNCIL ® OF THE CITY OF HUNTSVILLE, TEXAS, FINDING AND DETERMINING THE HOURS AND COST OF OPERATION OF CERTAIN STREET DEPARTMENT EQUIPMENT IN THE CONSTRUCTION OF A BASEBALL COMPLEX FOR USE IN CONNECTION WITH THE PARKS AND RECREATION DEPARTMENT OF THE CITY OF HUNTSVILLE, TEXAS WHEREAS, the City Council of the City of Huntsville has heretofore authorized the construction and erection of improve- ments on City property consisting of a Baseball Complex, which con- struction was a participating cost project in connection with a grant of funds under the direction of the State of Texas Parks and Wildlife Commission; and, WHEREAS, during the course of such construction the C_ty of Huntsville expended actual monies and in addition thereto ® personnel and equipment allocated to the Department of Public Works of the City of Huntsville, and a necessity exists for the City Councii to ascertain and determine the number of hours and the costs to the said City for such personnel and equipment used in connection with such project; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT after examination of records maintained by the said City, it has been determined that the equipment and personnel utilized by the City in the construction and erection of a Baseball Complex on City property was in value as follows: Vehicle No. Description Cost per Hour ® 91 1945 Buffalo Roller $65.82 93 1965 Caterpillar 955 Loader 07 $119.1 97 95 1968 Hyster Roller �. n Vehicle No. Description Cost per Hour 97 1969 International Loader $ 4.19 105 1965 Chip Etnyre Spreader $51.50 86 1973 International Truck $21.50 87 1951 G.M.C. Truck $ 6.28 88 1973 Galion Motor Grader $ 4.74 89 1964 LeTourneu Motor Grader $ 2.43 90 1964 Oliver Back-hoe $ 3.28 76 1967 Ford Dump Truck $ 1.68 77 1970 Ford Dump Truck $ 2.66 78 1970 Ford Dump Truck $ 2.00 79 1971 Ford Dump Truck $ 2.03 80 1972 Ford Dump Truck $ 1.67 81 1972 Ford Dump Truck $ 1.78 82 1/2 Ton Ford Pickup $ .97 83 1952 International Tractor $ 7.94 84 1965 Low-boy Trailer $21.47 106 1973 Etnyre Asphalt Distributor $42.45 109 1974 John-Deere 544-A Loader $ 4.22 110 1974 John-Deere 410 Back-hoe $ 6.18 136 1973 Ford Ranchero $ 1.32 WHEREUPON as listed herein, such Resolution was read and thereafter moved and seconded and upon vote, unanimously approved and adopted. IN WITNESS WHEREOF the Mayor of said City sets his hand this day of June, 1974, and has caused the City Secretary to Attest to same. ATTEST Morris I. Waller, Mayor Ruth DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 74-9 Morris I. Waller/Birthhday Greeting RESOLUTION N0. 74-9 WHEREAS MORRIS 1. WALLER HAS FOR THE PAST SIX YEARS SERVED THIS CITY AND ITS CITIZENS BOTH AS COUNCILMAN AND ITS MAYOR, AND WHEREAS MAYOR WALLER HAS DEVOTED COUNTLESS HOURS OF HIS TIME, BOTH PROFESSIONALLY FROM HIS BUSINESS AND PERSONALLY FROM HIS PRIVATE TIME, TO THE AFFAIRS AND BUSINESS OF THE CITY, AND WHEREAS THROUGH HIS DEDICATION AND INTEREST IN CIVIC AFFAIRS, THE MEMBERS OF THIS COUNCIL DO UNANIMOUSLY AGREE THAT MORRIS WALLER HAS GIVEN OUTSTANDING LEADERSHIP TO THE CITY ORGANIZATION AND THE ENTIRE COMMUNITY, AND WHEREAS WE ARE AWARE THAT THIS IS MORRIS I. WALLER'S FORTY-FIFTH BIRTHDAY, NOW THEREFORE, BE IT RESOLVED THAT THE MEMBERS OF THE CITY COUNCIL, ON BEHALF OF ITS CITIZENS DO HEREBY WISH A "HAPPY BIRTHDAY" TO OUR NUMBER ONE CITIZEN, MAYOR MORRIS 1. WALLER, PASSED AND APPROVED THIS THE 23RD DAY OF JULY, 1974. `I /A o n ck /� atyi x Q RalphZ � � n w Martinez ' E. LaryDic ens Frank Moore C, "_X ti Scott E. Johns/ Jack . Parker ATTEST Rutly haw, City Secretary -Approved as to form: } 1 t1 Martin D. Colley, City Attorney w y v RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 74-10 Bond Election RESOLUTION NO. 74-10 RESOLUTION CALLING BOND ELECTION WHEREAS, the City Council of the City of Huntsville, Texas has determined and does hereby determine that an election should be held in said City on the propositions of issuing City bonds for the purposes hereinafter set forth and the City Council wishes to proceed with ordering such election; Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1: That an election shall be held in and throughout the City of Huntsville, Texas, on the 27th day of August, 1974, at which election there shall be submitted in accordance with law, the following propositions, to-wit: PROPOSITION N0, ONE SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF SAID CITY IN THE MAXIMUM AMOUNT OF $300,000 MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING FORTY (40) YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT ANY RATE OR RATES AND TO SELL SAID BONDS AT ANY PRICE OR PRICES, PROVIDED THAT THE NET EFFECTIVE INTEREST RATE, AS DEFINED BY ARTICLE 717k-2, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, ON ANY ISSUE OR SERIES SHALL NOT EXCEED TEN PERCENT (10%) PER ANNUM, ALL AS MAY BE DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS, TO-WIT: IMPROVING, ENLARGING, EXTENDING OR REPAIRING THE CITY'S WATERWORKS SYSTEM; SAID BONDS TO BE ISSUED IN ACCORDANCE WITH AND SECURED IN THE MANNER PROVIDED IN ARTICLES 1111 TO 11183 BOTH INCLUSIVE, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED; AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS AS IT ACCRUES AND THE PRINCI- PAL OF SAID BONDS AS IT MATURES BY PLEDGING THE NET REVENUES FROM THE OPERATION OF SAID CITY'S WATERWORKS AND SANITARY SEWER SYSTEM; EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATION OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATION; SAID BONDS TO BE ON A PARITY WITH THE OUTSTANDING FIRST OR SENIOR LIEN BONDS OF SAID CITY, PAYABLE FROM THE OPERATION OF SAID WATER- WORKS AND SANITARY SEWER SYSTEM? PROPOSITION NO. TWO SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF SAID CITY IN THE MAXIMUM AMOUNT OF $250,000 MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING FORTY (40) YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT ANY RATE OR RATES AND TO SELL SAID BONDS AT ANY PRICE OR PRICES, PROVIDED THAT THE NET EFFECTIVE INTEREST RATE, AS DEFINED BY ARTICLE 717k-2, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, ON ANY ISSUE OR SERIES SHALL NOT EXCEED TEN PERCENT (10%) PER ANNUM, ALL AS MAY BE DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS, TO-WIT: IMPROVING, ENLARGING, EXTENDING OR REPAIRING THE CITY'S SANITARY SEWER SYSTEM, TO-WIT, SOUTH HUNTSVILLE SEWER LATERALS; SAID BONDS TO BE ISSUED IN ACCORDANCE WITH AND SECURED IN THE MANNER PROVIDED IN ARTICLES 1111 TO 1118, BOTH INCLUSIVE, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED; AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS AS IT ACCRUES AND THE PRINCIPAL OF SAID BONDS AS IT MATURES BY'PLEDGING THE NET REVENUES FROM THE OPERATION OF SAID CITY'S WATERWORKS AND SANITARY SEWER SYSTEM; EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATION OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATION; SAID BONDS TO BE ON A PARITY WITH THE OUTSTANDING FIRST OR SENIOR LIEN BONDS OF SAID CITY, PAYABLE FROM THE OPERATION OF SAID WATERWORKS AND SANITARY SEWER SYSTEM? PROPOSITION NO. THREE SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF SAID CITY IN THE MAXIMUM AMOUNT OF $1,300,000 MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING FORTY (40) YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT ANY RATE OR RATES AND TO SELL SAID BONDS AT ANY PRICE OR PRICES, PROVIDED THAT THE NET EFFECTIVE INTEREST RATE, AS DEFINED BY ARTICLE 717k-2, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, ON ANY ISSUE OR SERIES SHALL NOT EXCEED TEN PERCENT (10%) PER ANNUM, ALL AS MAY BE DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS, TO-WIT: IMPROVING, ENLARGING, EXTENDING OR REPAIRING THE CITY'S SANITARY SEWER SYSTEM, TO-WIT, NORTH HUNTSVILLE SEWER PLANT: SAID BONDS TO BE ISSUED IN ACCORDANCE WITH AND SECURED IN THE MANNER PROVIDED IN ARTICLES 1111 TO 1118, BOTH INCLUSIVE, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED; AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS AS IT ACCRUES AND THE PRINCIPAL OF SAID BONDS AS IT MATURES BY PLEDGING THE NET REVENUES FROM THE OPERATION -2- OF SAID CITY'S WATERWORKS AND SANITARY SEWER SYSTEM; EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATION OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATION; SAID BONDS TO BE ON A PARITY WITH THE OUT- STANDING FIRST OR SENIOR LIEN BONDS OF SAID CITY, PAYABLE FROM THE OPERATION OF SAID WATERWORKS AND SANITARY SEWER SYSTEM? Section 2: That the hours during which the polls will be open for voting in said election will be from seven o'clock a.m. to seven o'clock p.m. Section 3: That voting shall be at the following respec- tively designated polling places in each of the following num- bered precincts heretofore or hereafter established and described by natural or artificial boundaries or survey lines by order adopted by the City Council of said City and duly set out in its minutes: The following named persons are hereby appointed officers to conduct said election in the said election precincts, respectively: PRECINCT NO. POLLING PLACE ELECTION OFFICIALS 1 (consisting of Emancipation Park Mrs. Bob Rikard the area within Building Presiding Judge Ward No. One) 310 Avenue F 2 (consisting of City Library Ray Lynch the area within 1215 - 14th Street Presiding Judge Ward No. Two) 3 (consisting of New Fire Station Julie Hanna the area within 2202 Sam Houston Presiding Judge Ward No. Three) Avenue 4 (consisting of University Heights Peggy Kroesche the area within Baptist Church Presiding Judge Ward No. 4) 2400 Sycamore 6ection 4: That it is hereby determined that voting in said election shall be by the use of paper ballots which shall conform to the Election Code of the State of Texas and shall have printed thereon the following: -3- OFFICIAL BALLOT PROPOSITION NO. ONE ( ) FOR ) THE ISSUANCE OF $300,000 ----------- WATERWORKS SYSTEM REVENUE ( ) AGAINST ) BONDS PROPOSITION NO. TWO ( ) FOR ) THE ISSUANCE OF $250,000 SANITARY ----------- SEWER SYSTEM (SOUTH HUNTSVILLE ( ) AGAINST ) LATERALS) REVENUE BONDS PROPOSITION NO. THREE ( ) FOR ) THE ISSUANCE OF $1,3003000 ----------- SANITARY SEWER SYSTEM (NORTH ( ) AGAINST ) HUNTSVILLE SEWER PLANT) REVENUE BONDS The voter shall vote on such propositions by placing an "X" or other clear mark in the square beside the statement indicating the way he wishes to vote on each proposition. Absentee voting shall be conducted by a clerk for absentee voting, namely, Ruth DeShaw, and the place at which absentee voting shall be conducted is designated as the office of the City Secretary in the City Hall, Huntsville, Texas, which is also the absentee voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent. Said clerk shall keep said office open for at least eight (8) hours, that is, from 8:00 a.m. to 12:00 noon and from 1:00 p.m, to 5:00 p.m., on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday; provided, however, except as authorized by Article 5.05, Subdivision 3d, Texas Election Code, said clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall she permit anyone to vote absentee by -4- personal appearance at any time when her office is not open to the public. Section 5: That said election shall be held and conducted in accordance with the Constitution and laws of the State of Texas and the Constitution of the United States of America, and all duly qualified resident electors of the City shall be qualified to vote on said propositions. Section 6: That notice of said election shall be given by posting a substantial copy of this resolution at the City Hall and at a public place in each of the election precincts of said City not less than fourteen (14) days prior to the date upon which said election is to be held and by publication of said notice on the same day in each of two (2) successive weeks in the Huntsville Item, the first of said publications to be made not later than fourteen (14) days prior to the date set for said election. It is hereby found and declared that the Huntsville Item is a newspaper published in the City of Huntsville, Texas, is of general circulation within said City, and is the official newspaper of said City. PASSED AND APPROVED this the 29th day of July, 1974. Mayor, City of Huntsville, Texas ATTEST: City Secretary, City of Huntsville, Texas (SEAL) -5- RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-11 City Swimming Pool at KBR Park i RESOLUTION No. 74-11 ;t�lam"+5 the Huntsville City Council, 7,-etino in _regular session on July 25, t `1974, heard the recommendations of the Parks and Recreation Board to locate . the City swimming pool at Ross Park and apply for a match-ing grant for the fII Planning and construction of said pool: THEREFORE, the Huntsville_city Council hereby designates a site in Ross I � t, Park to be the location of the City's swim--fling pool, and I: THEREFORE authorizes the City's Parks and Recreation Coordinator, Gene Pipes to represent and act for the City of Huntsville in applying for a f Bureau of Outdoor Recreation AMatchino Grant, Land. and Plater Conservation ri x Fund Act 1965 (Public Law 88-578) through the Texas Parks and Wildlife i € Departaent, and I . THEREFORE authorizes the City Finance Director, Jcrry Kline, to be the I officer to serve as the City's fiscal officer to receive these funds for this program, and j I THEREFORE, this Resolution shall become effective from and after its passage by the City Council of Huntsville, Texas. PASSED and APPROVED this the 13th day of Augt}st, 1974. Morr's I. Waller, Mayor ATTEST: ( SE AL ) �/�� ,-��✓i�/v'�:lU..-ter-- ... Ruth DeShat,, City Sec. tary RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 74-12 Title: CANVASSING RETURNS OF THE BOND ELECTION Date: 08-27-74 CONSIDER GRANTING AUTHORITY TO MAYOR TO EXECUTE AN EASEMENT WITH GULF STATES ACROSS CITY PROPERTY Jim McAlister stated the discussion of this topic should be deferred to the next Council Meeting so that one correction could be made with Gulf States Utilities. BUSINESS OF THE CITY ATTORNEY--MARTIN COLLEY Ordinance No. 74-14 Designating a Portion of Public Property as a City Park Martin Colley read the Ordinance to the Council which designated 21.1 acres of public land asa City park. Councilman Parker moved for the adoption of this Ordinance and Councilman Dickens seconded the motion. All were inin favor and the motion passed unanimously. Mayor Waller complimented the Parks and Recreation Board for their diligent work in producing the master plan. for park development. He indicated this was a historic vote for the City Council as it would be the first comprehensive City park facility in Huntsville's history. Ordinance No. 74-15 Changing Designated Numbers of Wards in the City Martin Colley indicated this Ordinance amends Ordinance 74-1 and renumbers the City's four wards in conjunc- tion with the Commissioner's precincts in the County. He then read the Ordinance. A motion was made and seconded to accept the Ordinance changing the designated numbers of the City wards. All were in favor and the motion passed unanimously. Resolution No. 74-14 Accepting Improvements on Angier Road Twenty-Second Street and Sycamore Street Martin Colley then read the Ordinance accepting said streets, Councilman Moore moved to accept the Resolu- tion accepting Angier Road, Twenty-Second Street, and Sycamore Street. Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Resolution No. 74-12 Canvassing Returns of the Bond Election The Council then canvassed the returns of the bond election. Martin Colley read the Resolution which was then executed showing the results of the election for water and sewer improvements as follows: FOR AGAINST Proposition 1 (Water Well). . . . . . . . . . . . . . . 449 127 Proposition 2 (Sewer Lines) . . . . . . . . . . . . 408 159 Proposition 5 (Sewer Plant) . . . . . . . . . . . . 424 148 The document was signed by the Mayor and City Secretary and forwarded to William E. Stapp'of Vinson Elkins Searls Connally $ Smith of Houston, Texas. Mayor Waller said the Council was very gratified by the confidence the people of Huntsville had shown in the City ,administration and the Council, City Manager, and his staff, in their future planning for capital improvements in the area of water and sewer facilities. He then publicly thanked City Manager, Jim McAlister, for his excellent job in getting the information out to the public about this issue as well as the number of talks lie made to various service clubs and for the brochure lie sent to all water customers which was helpful in explaining the issue. The Council then applauded. Mayor Waller thanked the news media, the Huntsville Item, and the KS.k%i radio station for their very excellent job in presenting the facts to the public regarding the bond issue. The Mayor said to the general public that this Council and any future Council will be absolutely certain of the judicious use of this money and that every caution and every conservative point will be exercised to get the most out of it in the most expeditious manner. Councilman Moore moved to certify the results of the election and accept the Resolution No. 72-12 canvassin the election as read and Councilman Knox seconded the motion. All were in favor and the Resolution passed unanimously. ADMINISTRATIVE ACTION--JIM MCALISTER Damage to Playground Equipment at Emancipation Park City Manager, Jim McAlister, presented to the Council some damaged equipment submitted by Gene Pipes, Parks and Recreation Coordinator. Two ends of a broken fiberglass picnic bench were displayed. He indicated replacement cost would be $19.00 for one slat (or bench) and about three hours labor. He also said the swings would be $42.50 each plus shipping charges and about two hours time. He stated the equipment was just installed in early July. He asked that the responsible people in the area report such matters when they see it happening so the City can act quickly to hopefully stop such conduct as this. COUNCIL ACTION Muscular Dystrophy Drive Day Andrew Martinez Stated the Lions Club and the Huntsville Volunteer Fire Department wanted to conduct a Muscular Dystrophy Drive and asked Mayor Waller to proclaim September 2 (Labor Day) as Muscular Dystrophy Drive Day in Huntsville. Mayor Waller then proceeded to make this proclamation. Councilman Parker moved to accept the proclamation and Councilman Johnson seconded the motion. All were in favor and the motion passed unanimously. Street Signs Missing Ralph Davis Asked if any progress was being made in determining who has been taking many of the City's street signs from their designated locations. Chief Burch, Huntsville Police Department, indicated the matter was under investigation at this time, however, no signs had been recovered. Executive Session RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 74-13 Title: THD IMPROVEMENTS TO HWY 75 $50,100 ACCEPTS Date: 08-27-74 City Dlanager,.,Jim McAlister, stated that on August 21, 1974, bids were opened for the stated eouipment. Ine bid was received from Cooper Machinery Corp. of Houston in the amount of $5,755. He indicated it was the Dnly company of the four or five companies bidding that would bid the machine and also install it. He recommended the acceptance of this bid. He said the cost of these items had been included in this year's budget to ge paid for out of the street revenue sharing funds. The justification for this recommendation is that the asphalt distributor presently used has a heating capacity carried in the truck, however, when ready to shoot the asphalt 7n the streets, a large tanker truck had to deliver ]lot asphalt to the crew and stand by at a cost of about $5.00-$15.00 per hour until all of the asphalt was transferred from the tanker truck into the asphalt distri- butor truck. He indicated some money could be saved in stand-by time, as the tanker truck could pump the hot asphalt into the heated asphalt tank and be on its way, and the hot asphalt could be kept hot until ready to go on the streets. He said the tank was a 10,000 gallon size and would provide the necessary support needed for street revenue improvement program. Mayor Waller asked if there were any questions. Councilman Parker asked if the storage tank would be permanently affixed at the new Service Center. Jerry Hodge, Director of Public Works, indicated that it would be. Mayor Waller asked Hodge if he endorsed the recommendation and he indicated that he did endorse it. Councilman Dickens moved that the bid be awarded to Cooper Machinery Corporation in the amount of $5,775 and Councilman Johnson seconded the motion. All were in favor and the motion passed unanimously. RESOLUTION NO, 74-15 TO ENTER INTO AGREEMENT WITH TERAS HIGHWAY DEPARTMENT TO IMPROVE 1189' 75 FROM SYCAMORE TO LOOP 405. Mayor Waller presented the Resolution relating to the highway department's four lane curb and gutter program of which it is the City's responsibility to furnish the curb and gutter at an agreed price of S50,100 for which it would assess the adjacent property owners. He stated the highway department would improve the south Highway 75 from Sycamore to the East Loop to the Drive-In Theater. The program was authorized some months ago and is in the November bid letting. The Nayor then read the Resolution. Mayor Waller indicated the $50,100 would come from having assessments, and that these paving assessments would be prepared in time to move simultaneously with theP ro'7ects so that these certificates could be sold in a negotiable form to generate this fund for about one mile of street. Councilman Dickens moved to approve the Resolution and enter into this agreement and Councilman Amick seconded the motion. All were in favor and the motion carried. CONSIDER BID FOR THE RELOCATION OF NORMAL PARI: SEWER LINE Mayor (taller asked Jim McAlister, City Manager, to elaborate on this subject. Jim McAlister said Forest fills Addition IY had been subdivided and it was discovered that year's ago a sewer line had been built in the area that did not conform to the subdivider's plans, nor did it conform to the existing casement at the time. The subdivider at the time agreed to participate with the City for the relocation of this line. There were three bids received. H. J. Hogan bid $10,765, Bob Moore bid $14,652, and J. C. Simmons bid $16,902. Mr. McAlister then recommended awarding the bid to the lowest bidder, H. J. Hogan, with the City paying half the cost, the City's share would be $5,592.50. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-14 Street Improvements RESOLUTION No. 74-14 WHEREAS, by Ordinance dated January 23, 1973, the City Council of the City of Huntsville, Texas, authorized the improvements to certain streets within said City and in said Ordinance authorized the levying of assessment against certain properties for the payment of paving improvements abounding such properties and affixed a lien against such properties to secure such paving assessments all as provided by law and as more clearly shown in said Ordinance which included, among others, assessments to pave, curb and gutter Angier Road from its intersection with Old Houston Road to its intersection with U. S. Highway 75 South, with 1,697 feet of curb, gutter and paving on the West side of said street, and 1,736 feet of curb, gutter and paving on the East side of said street for a total cost of improvements and assessments of $62,200.00 and to pave, curb and gutter Twenty-Second Street from its intersection with U. S. Highway 75 South to its intersection with N-1/2 Street, with 1,193 feet of curb, gutter and paving on the North side of said street, and 1,208 feet of curb, gutter and paving on the South side of said street for a total cost of improvements and assessments of $36,800.00, and to pave, curb and gutter Sycamore Street from its intersection with U. S. Highway 190 East to its intersection with U. S. Highway 75 South, with 5,963 feet of curb, gutter and paving on the West side of said street, and 5,931 feet of curb, gutter and paving on the East side of said street and to pave the portion of Sycamore Street presently containing curb and gutter, with 1187 feet of paving on the West side of said street, and 1134 feet of paving on the East side of said street for a total cost of improvements and assessments of $238,000.00; and WHEREAS, Section 6 of the said Ordinance of assessment provides for the method of payment of sums due by the real and true owners of such property with the first payment thereof to be due and payable on or before thirty (30) days after the completion and acceptance by the said City Council of the City of Huntsville of such improvements; and WHEREAS, the improvements as called for in said Ordinance insofar as same cover and include Angier Road, Twenty-Second Street and Sycamore Street have now been completed and the City Council having been advised by the City Engineer that the same are ready for acceptance by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that improvements to Angier Road from its intersection with Old Houston Road to its intersection. with U. S. Highway 75 South and improvements to Twenty-Second Street from its intersection with U. S. Highway 75 South to its intersection with N-1/2 Street and Sycamore Street from its intersection with U. S. Highway 190 East to its intersection with U. S. Highway 75 South, be, and the same are hereby accepted by the said City Council; and BE IT FURTHER RESOLVED that all owners of property abounding said streets be advised that payments on said paving assessments due the City of Huntsville shall be due and payable from and after thirty (30) days from the date hereof in accordance with the terms of said Ordinance dated January 23, 1973. BE IT FURTHER RESOLVED that the Mayor and City Secretary be, and they are hereby authorized in all things to issue paving certificates evidencing the indebtedness due and owing by the real and true owners of the properties abounding such streets so improved and to negotiate such certificates in the name of said City, all as provided for in said Ordinance and that further the form of such certificates be in the form now approved by the said City Council and attached to this Resolution as Exhibit "A" and after execution by the said Mayor and the City Secretary shall bear the seal of said City. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote on this the 27th day of August, 1974. THE CITY OF HUN TSVILLE, ZD BY �. ag MORRIS I. WALLER, Mayor T'TEST. RU' HDeSHAW, City Secretary VED AS TO F MARTIN D. COLLEY, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONITENTS OF FILE: %-�y-7Y RESOLUTION NO. 74-16 WHEREAS, by Ordinance dated January 23, 1973, the City Council of the City of Huntsville, Texas, authorized the improve- ments to certain streets within said City and in said Ordinance authorized the levying of assessment against certain properties for the payment of paving improvements abounding such properties and affixed a lien against such properties to secure such pa'.ing assissment, all as provided by law and as more clearly shown in said Ordinance which includedassessments to install curb and gutter and pave Tenth Street from its intersection with U.S. Highway 75 Northeast to the then existing West boundary of Tenth Street, with 542 feet of curb, gutter and paving on the North side of said street, and 567 feet of curb, gutter and paving on the South side of said street. Said street being 37' feet wide, with concrete curb and gutter, two inch asphalt surface and 6 inch base coarse and 6 inch lime stablized sub-base for a total cost of improvements and assessments in the amount of $21,000,00; and, WHEREAS, Section 6 of the said Ordinance of assessment provides for the method ofpayment of sums due by the real and true owners of such property with the first payment thereof to be due and payable on or before thirty (30) days after the completion and acceptance by the said City Council of the City of Huntsville of such improvements; and, WHEREAS, the improvements as called for in said Ordinance as made to Tenth Street to the extent as described in said Ordinance have now been completed and the City Council having been advised by the City Engineer that the same are ready for acceptance by the City: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that improvements to Tenth Street from its intersection with U.S. Highway 75 Northeast to the then exist- ing West boundary of Tenth Street on the date of assessment, be, and the ..ame are hereby accepted by the said City Council; and, BE IT FURTHER RESOLVED that all owners of property abounding said streets be advised that payments on said paving assessments due the City of Huntsville shall be due and payable from and after thirty (30) days from the date hereof in accordance with the terms of said Ordinance dated January 23, 1973. BE IT FURTHER RESOLVED that the Mayor and City Secretary be, and they are hereby authorized inall things to issue paving certificates evidencing the indebtedness due and owing by the real and true owners of the properties abounding such streets so improved and to negotitate such certificates in the name of said City, all as provided for in said Ordiance and that further the form of such certificates be in the form now approved by the said City Council to be sude for such purposes and on file in the office of the City Secretary. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote on this the 24 th day of -Septemher, 1974. THE CITY OF HUNTSVILLE, TEXAS MORRIS I. WALLER, MOyor ATTF�9 RMIL,MsSHAW, City Secretary R VED AS TO FORM MARTIN D. COLLEY, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-19 Water Service Rates RESOLUTION No. 74-1 WHEREAS, it has become apparent that the amount of deposit charged by the City of Huntsville for water service for the various Huntsville water users is creating a financial problem to the City; and WHEREAS, it is the recommendation of the Customer Service Supervisor, Grace Turner, to increase the present deposit amounts to offset financial loss to the City of Huntsville through bad accounts; and WHEREAS, it is the desire of the City Council and City Administration to correct this problem; NOW THEREFORE, 6E IT RESOLVED that as of October 8, 1974, the following rates are adopted by the City Council of the City of Huntsville and are effective on this the 8 th day of October, 1974: CUSTOMER AMOUNT OF DEPOSIT Single Dwelling $20.00 Small businesses (sales) $25.00 Apts. of 20 units or less $50.00 Apts. of 20 units or more $ 5.00 per unit PASSED THIS the 8th day of October, 1974. J/Morris I. {faller, Mayor ATTE MmPP.O}FD AS To FORM: I Ruth DeShaw, City Secretary ?n rt:r D.C.Dey,City Attorney IDste; October 8. 1974 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: -'; Ea'Uea m. '77'6?6 ��vs 5� Jc�lLsc,,2 Z-0j--7q RESOLUTION 74-10 WHEREAS, SCOTT E. JOHNSON has served eight (8) con- secutive years as a member of the City Council of the City of Huntsville, Texas, and during such time has made invaluable con- tributions to all the citizens of said City by his devotion and dedication to the principles of local government. His interest and foresight into the problems of the community have resulted in an active and progressive City Council whose cooperative efforts through members such as Councilman Johnson have meant a better Huntsville today for the citizens of tomorrow; and, WHEREAS, for many years, Councilman Johnson served the people of this community in many other capacities including school teacher and school administrator. He has been and continues to be a leader for many civic and worthwhile projects, which activities were always undertaken by Councilman Johnson as a service to mankind, and now, after many years of unselfish service, SCOTT E. JOHNSON is to retire from the office of City Councilman; and, WHEREAS, the City Council of the City of Huntsville desires to recognize the many contributions that Councilman Johnson has made by setting aside and otherwise designating SCOTT E. JOHNSON DAY in Huntsville, and in furtherance thereof BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that Tuesday, October 22, 1974, be, and the same is hereby designated SCOTT E. JOHNSON DAY in Huntsville in commemoration of the faithful and dedicated service of SCOTT E. JOHNSON to the citizens of this community and to honor Councilman Johnson on such day by publicly recognizing his many and varied accomplishments. WHEREUPON, said Resolution was duly made and seconded and upon vote was unanimously passed this the 8th day of October, 1974. IN WITNESS WHEREOF the Mayor of said City subscribes his name hereto and causes the City Secretary to attest to same. THE CCIIT7Y OF HUNTSVILLE,--,TEXAS MORRIS I. WALLER, Mayor ATTT: RUTH DeSHA�Wity RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-21 Improvement of Sam Houston Ave.&20th St. 10-22-74 RESOLUTION NO. 74-21 RESOLUTION ACCEPTING THE PROVISIONS OF STATE HIGHWAY COMMISSION MINUTE ORDER THE STATE OF TEXAS X Huntsville Texas CITY OF HUNTSVILLE X October 22 , 19 [ r® MOTION WAS MADE BY Ralph Davis and seconded by Andrew Martinez that the_ City Council of Huntsville accept the provisions contained in Minute Order No. 69400 passed by the State Highway Commission on October 1, 1924—, for the improvement by the Texas Highway Department on the roads described below: Stsnalltatlsn at tha intassactlaa of 6u Houston Avenin and 20th Shat. VOTE on the Umotion was as follows: Q /) / \TCS Rl't_n L P—1ha,a, Q/zLi O 1 a Li WHEREUPON the motion was declared carried. THE STATE OF TEXAS CITY OF HUNTSVILLE I hereby certify that the foregoing is a true and correct copy of order passed by the City Council of Huntsville on the 22nd day of October 1°��• Rut eShaw, City Secretary (SEAL) RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-22 Improvement of 11th St.&Others 10-22-74 RESOLUTION NO. 74-22 RESOLUTION ACCEPTING THE PROVISIONS OF STATE HIGHWAY COMMISSION MINUTE ORDER THE STATE OF TEXAS X Huntsville , Texas CITY OF HUNTSVILLE X October 92- MOTION 2 MOTION WAS MADE BY Ralph Davis and seconded by Andrew Martinez that the City Council of Huntsville accept the provisions contained in Minute 69401 Order No, passed by the Sta:e Highway Commission on October 1, 191(_, for the improvement by the Texas Highway Department on the roads described below: Signalization at the intersections of 11th Street R*i.th Avenue R, Sam Houston Avenue, Avenue if, Avenue N. and Avenue 0. VOTE on the motion was as follows: C� WHEREUPON the mo 'on was declared carried. THE STATE OF TEXAS X CITY OF HUNTSVILLE X I herehy certify that the foregoing is a true and correct copy of order passed by the City Council of Hunts'iIle on-the- day of 0cl-ob,-r , 19—t—. i�u th DeShaw, City Secretary (SEAL) RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-23 Forest Products Week RESOLUTION N0. 74-23 WHEREAS, forest products such as lumber, plywood, paper and various chemicals serve thousands of essential human needs and the trees from which such forest products are made are our only renewable industrial resources, taking ten to forty years to grow to harvetable size in contrast to millions of years for the earth to create one drop of oil or an ounce of metal ore; and WHEREAS, forest products are disposable, recyclable, durable and plentiful, involving minimal environmental impact compaired to products manufactured from metals, plastics and other raw materials with the production of forest products pro- viding jobs for millions of Americans plus significant contri- butions to national, state and local economies; and WHEREAS, demand for forest products will increase dramatically as our population continues to grow and seeks to enhance the quality of life by using wood in its many forms; and WHEREAS, the City Council of the City of Huntsville, Texas, desires to recognize the valuable resource found in forest products. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that the Mayor of said City be, and he is hereby, in all things authorized to proclaim the week of October 20-26, 1974, to be National Forest Products Week in Huntsville, and to urge all citizens to participate in ceremonies and observances honoring the 60th Anniversary of the Texas Forestry Association and the forest products industry which contributes so greatly to our social and economic welfare. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote and in furtherance thereof, the following proclamation was issued: I, MORRIS I. WALLER, do hereby proclaim the week of October 20-26, 1974, to be National Forest Products Week and in furtherance of a Resolution duly passed by the City Council of the City of Huntsville, Texas, urge all citizens to participate in ceremonies and observances honoring the 60th Anniversary of the Texas Forestry Association. THE CITY OF HUNTSVILLE, TEXAS ATTEST , BY MORRIS I. WALLER, Mayor RUTH DeSHAW, . City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCFTEDULE NO.: 1000-05 CONTENTS OF PILE: S RESOLUTION No. 74-25 WHEREAS, the City of Huntsville, Texas, has acquired various parcels of real estate in Block 12 of the City of Hunts- ville, for public purposes, all of which has previously been found to be necessary by the City Council; and WHEREAS, the Mayor of said City did on the 30th day of October, 1974, execute a purchase agreement with Velma Sue Ferguson Standley and Lila Pearl Ferguson Simmons for the purchase of a certain lot or parcel of land located within Block 12 for a purchase price of $20,000.00, confirmation for which agreement is required, together with authorization for the payment of the purchase price upon delivery of an appropriate Deed of conveyance to the City of Huntsville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that said City be, and it is hereby, in all things authorized to purchase from Velma Sue Ferguson Standley and Lila Pearl Ferguson Simmons for the purchase price of $20,000.00 the real estate hereinafter described, and the sales contract hereto- fore executed by Morris I. Waller, as Mayor of said City on October 30, 1974, he is in all things confirmed, adopted, and approved as the act and deed of said City. Said real estate is described as follows: BEGINNING at a point S 89° 56' 40" W 225 feet from the southeast corner of Block 12, at a point in the right-of-way line of 13th Street; THENCE North 00° 03' 20" W 148.35 feet to a point in Smede's Branch; THENCE North 55° 51' 30" W along the center of Smede's Branch 67.26 feet to a point; THENCE South 00° 03' 20" E 186.10 feet to a point in the north right- of-way line of 13th Street; THENCE North 89° 56' 40" E 58 feet to the Place of Beginning, and being - the same land described in a Special Warranty Deed from J. C. Ferguson to Velma Sue Ferguson, et al dated November 22, 1939, and recorded in Vol. 94, Page 321, of the Deed Records of Walker County, Texas. WHEREUPON, said Resolution was duly made and seconded and upon vote was unanimously passed on this the 5th day of November, 1974. AEST: THE CITY OF HUNTSVILLE, TEXAS ./ Z4dU4e'y_ BY: RUTH DeSHAW, City Secretary M iRy-B4ayer---- ♦PP$OV$D A/TO FORM: Matin D Glle>,CYy AWme7 Date: 7 _ RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 74-27 Sale of old Public Works site 0 • RESOLUTION NO. 74-27 WHEREAS, the CITY OF HUNTSVILLE, TEXAS, is the owner of a certain tract or parcel of land located in the P. Gray League in Walker County, Texas, described in two tracts in a deed dated October 24, 1936, and recorded in Vol. 94, Page 209, of the Deed Records of Walker County, Texas, and formerly used and commonly known as the Old Public Works site which said real estate is no longer needed for public purposes and after due consideration by the City Council of the said City has been determined to be surplus property and by virtue thereof the said City Council has further determined that it would be in the best interest of said City and the public interest, to dispose of said real estate by public sale; and WHEREAS, the said City Council has further determined that the premises owned by the said City in Lot 101 and part of Lot 104 in Block 14 in the said City, the same being a 100 by 170 foot lot located on Sam Houston Avenue, is also surplus to the needs of said City and that the public interest would best be served by the sale of same; and WHEREAS, Section 14.14 of the City Charter of the City of Huntsville, Texas, requires that no sale or lease of real estate shall be made without first advertising for bids by a notice in the official newspaper of the City for two consecutive weeks which notice the City Council desires to publish. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that said City Council has made a determination and finding that the following described real property is surplus property and that the public interest would best be served by the public sale of same after due notice as required by the Charter of the said City. Said real property is described as follows: TRACT 1: Being out of and a part of the P. Gray League, Abst. No. 24, and within the corporate limits of the City of Huntsville, Texas, and being a part of a certain 1.07 acre tract which was conveyed by Gibbs Bros. and Company to Ben Small by deed dated April 27, 1931, and recorded in Vol. 69, Page 513, Deed Records, Walker County, Texas, the land herein conveyed being described by metes and bounds as follows: BEGINNING at a point on the S. line of 12th Street thence S. 200 feet, an iron stake in old fence line for corner; THENCE E with the South line of said 1.07 acre tract 135 feet to the W line of Avenue F, stake for corner; THENCE N with the W line of Avenue F 200 feet to intersect the S line of 12th Street at the N.E. corner of Block No. 132 in said City of Huntsville, stake for corner; THENCE W with the S line of 12th Street 135 feet to the Place of Be- ginning and containing 27,000 square feet, more or less. TRACT 2: Being out of and a part of the P. Gray League, Abst. No. 24, in Walker County, Texas, and being also out of and a part of a tract of land containing 3-55/100 acres, more or less, situated within the corporate limits of the City of Huntsville, and at the intersection of Avenue F and 13th Street of the City of Huntsville, which tract of land was heretofore conveyed by A. T. Randolph, Trustee of the Estate of Luther Eastham, Jr., a bankrupt to the undersigned W. H. Randolph by deed dated August 5, 1927, recorded in Book 61, Page 41, of the Walker County Deed Records; the land hereby conveyed being more described by metes and bounds as follows: BEGINNING at a point in the East line of Avenue F, same being the West line of said 3-55/100 acre tract, 125 feet North of the intersection of said line with the North line of 13th Street; THENCE North with the East line of Avenue F, 150 feet to stake for corner; THENCE East 100 feet to stake for corner; THENCE South 150 feet to stake for corner; THENCE West a distance of 100 feet to the Place of Beginning and containing 15,000 square feet, more or less. TRACT 3: Being all of Lot 101 and a part of Lot 104 in Block 14 in the City of Huntsville, Walker County, Texas, with metes and bounds as follows: BEGINNING 100 feet North of the Southeast corner of said Block 14 and in the WesC line of Sain Houston Avenue in said City; THENCE W 170 feet to a corner in the East line of a 10 foot alley; THENCE N 100 feet with said alley to its Northeast corner; THENCE E 170 feet to the Northeast corner of said Lot 101 and the West line of said Sam Houston Avenue; THENCE S 100 feet to the Place of Beginning. BE IT FURTHER RESOLVED that the City Secretary of the City of Huntsville shall cause to be published for the time required by law in the Huntsville Item, the official newspaper of said City the following notice: Notice is hereby given that the City Council of the City of Huntsville, Texas, will receive sealed bids in the office of the City Secretary for the sale of real estate hereinafter described until _ 3:00 o'clock, P. M. on the 9th day of January, 1975, at which time such bids shall be opened and publicly read. Said real estate is de- scribed as follows: TRACT 1: Being out of and a part of the P. Gray League, Abst. No. 24, and within the corporate limits of the City of Huntsville, Texas, and being a part of a certain 1.07 acre tract which was conveyed by Gibbs Bros. and Company to Ben Small by deed dated April 27, 1931, and recorded in Vol. 69, Page 513, Deed Records, Walker County, Texas, the land herein conveyed being described by metes and bounds as follows: : • e e BEGINNING at a point on the S. line of 12th Street 91.5 feet E. of the N.W. corner of said 1.07 acre tract 200 feet to the N. line of said 1.07 acre tract, an iron stake in old fence line for corner; THENCE E with the South line of said 1.07 acre tract 135 feet to the W. line of Avenue F, stake for corner; THENCE N with the W. line of Avenue F, 200 feet to intersect the S. line of 12th Street at the N.E. corner of Block No. 132 in said City of Huntsville, stake for corner; THENCE W with the S. line of 12th Street 135 feet to the Place of Beginning and containing 46,600 square feet, more or less. TRACT 2: Being out of and a part of the P. Gray League, Abst. No. 24, in Walker County, Texas, and being also out of and a part of a tract of land containing 3-55/100 acres, more or less, situated within the corporate limits of the City of Huntsville, and at the inter- section of Avenue F and 13th Street of the City of Huntsville, which tract of land was heretofore con- veyed by A. T. Randolph, Trustee of the Estate of Luther Eastham, Jr., a bankrupt to the undersigned W. H. Randolph by deed dated August 5, 1927, recorded in Book 61, Page 41, of the Walker County Deed Records; the land hereby conveyed being more described by metes and bounds as follows: BEGINNING at a point in the East line of Avenue F, same being the West line of said 3-55/100 acre tract 125 feet North of the intersection of said line with the North line of 13th Street; THENCE North with the East line of Avenue F, 150 feet to stake for corner; THENCE East 100 feet to stake for corner; THENCE South 150 feet to stake for corner; THENCE West a distance of 100 feet to the Place of Beginning and containing 15,000 square feet, more or less. ® 0 TRACT 3: Being all of Lot 101 and a part of Lot 104 in Block 14 in the City of Huntsville, Walker County, Texas, with metes and bounds as follows: BEGINNING 100 feet North of the Southeast corner of said Block 14 and in the West line of Sam Houston Avenue in said City; THENCE W 170 feet to a corner in the East line of a 10 foot alley; THENCE N 100 feet with said alley to its Northeast corner; THENCE E 170 feet to the Northeast corner of said Lot 101 and the West line of said Sam Houston Avenue; THENCE S 100 feet to the Place of Beginning. Each bid shall be in writing, signed, and accompanied by a cashier's check or certified check in the amount of ten (10%) per cent of the bid price, which sum shall be retained as earnest money by said City if such bid is accepted, applied to purchase price at consumation of said sale or forfeited if bidder thereafter fails to perform for any reason other than defect of title in City. The City reserves the right to reject any and all bids. Bids received after the time and date stated above will be returned unopened. The City shall furnish a deed of conveyance and all other expenses shall be borne by buyer. A plat of said real estate may be seen in the office of the City Secretary during normal business hours. Consumation of sale shall be ten (10) days after acceptance of bid. Terms of such sale shall be cash and the following special bid requirements regarding the respective tracts of real estate: TRACT 1: Minimum bids for Tract 1 shall be $27,000.00 with buildings and $24,300.00 without buildings. TRACT 2: Minimum bids for Tract 2 shall be $10,000.00. A combination bid for both Tract 1 and Tract 2 shall be a minimum of $35,000.00. TRACT 3: Minimum bid for Tract 3 shall be $51,000.00 and Tract 3 shall be sold subject to a lease in favor of Fred A. Bobbitt which terminates January 31, 1977. WHEREUPON, said Resolution was duly made, seconded and passed by unanimous vote on this the _,T2�day of November, 1974. THE CITY OF HUNTSVpILLE,,, TEXAS BY: MORRIS I. WALLER, Mayor ATTEST: DeSHAW, City Secretary PROVED AS TO FORM: 0 MARTIN D. COLLEY, C�%e�4Q rn RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-28 Federal Aid Urban System 11-12-74 RESOLUTION NO. 74-26 WHEREAS the Federal Highway Act of 1973 contained provisions relative to the Federal Aid Urban System different from those in the 1970 Act; and WHEREAS, the Texas Highway Commission has issued Minute Order No. 68979 a copy of which is hereto attached, and repealing Minute Order No. 65230; and WHEREAS, the City Council in response to the provisions of Minute Order No. 68979 hereby designates the following grid area and streets as constituting Huntsville's Federal Aid Urban System; NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville that the grid area constituting the Central Business District within and includ- ing 10th Street from its intersection with Avenue O east to its intersection with University Avenue, then South on University Avenue to the intersection of University Avenue at 16th Street, then west on 16th Street to the intersection of 16th Street and Avenue 0, then North on Avenue 0 to the intersection of Avenue O and 10th Street, and the following streets: State Highway 19 from U.S. 190 north to City limits U. S. 75 from U. S. 190 north to City limits U. S. 75 from U. S. 190 south to City limits S. H. 30 from I-45 west to City limits F. M. 2821 from U. S. 75 east to City limits F. M. 247 from U. S. 190 north to City limits F. M. 1374 from U. S. 75 west to City limits Tenth Street from U. S. 75 east to S. H. 19 Sixteenth Street from I-45 east to Loop 405 Sam Houston Avenue from U. S. 190 north to F. M. 247 Avenue F from U. S. 190 north to F.M. 2821 are hereby designated as the Federal Aid Urban System within the City of Huntsville. PASSED AND APPROVED this the 12th day of Novem✓bbejr,��1974. /J orris I. Waller, Mayor ATTEST: Ruth DeShaw, City Secretary SEAL sacro a�aa District No.-__MiS-Cellaneolas IJI-INUTE ORDER naso--1----_ot_---2----peg='s ITHEREAS, the Federal-Aid Highway Act of 1970 provided for establish- ment of a Federal-Aid Urban Systeri in areas of 50,000 or more copulation designated as "urbanized areas"; and WBERFAS, the Texas Higho:ay Commission, by Minute Order No. 65230, es- tablished nol.icies for the selection, ilIIprcvement, maintenance and ooera- tion of an urban system of streets and thorough ares within the urbanized limits Of State; and WHEREAT, the Federal-Aid Hioh.;ay Act of 1973 contained provisions relative trj the Federal-A--' Urban System different frdm those in the 1970 Act; - _^ - NO'W, irfEFEFOPE, Minute Order PIo.,.�S230_is itereby_can. �l tFd and the following policy shad- prevail in the selection, improvement and o_oeration of the Urban System within urban areas of the State. 1. SELECTI0111 OF UR:1r11 AREA BOUNDARIES Urban Area Boundaries for both "urbanized areas" and "urban areas" of over 5,000 population, not in an urbanized area,' wi, ba determi.n ed b the Distric tt nl inept_- i ` Y 3 and xal o_ri- __elsina^pnra.`ion en.r,'n each other. 2. SELECTION OF THE UFvAN SySTE,d a. A Federal-Aid Urban System s•;ill be select::d in all ur- banized are-as designated by the Bureau of Census. b. Urban areas of over 5,000 population, not in an ur_ banized area, are eligible for Urban System Funds. If such areas are considered for Urban System funding, a Federal-Aid 'Urban S7ste7.q wi11 be selected for each Such area. c. `ine selection of � Federal-Aid Urban System for pact: urban area, 1..hether an "urbanized area," or a sr=11 urban area, shall be by the appropriate local offici-els with the concurrence of the Department. ertn 33aa ' Di...ict_N:o. ' .._._--�'••:^.^,uS Tlil"u UTE ORDER d. routes selected to be on. the Federal-Aid Urban System shall be so located as to serve the major centers of 2t_,ivity, and shall inc'_ude high traffic Volume arte- rials and collector -routes. Tine Urban System may in- cl;:de routes transferL-cd from another Federal-Aid System and from: ntc non-Fedcra.";-Aid Statefrighr:ay Systen and sele_ted routes not previously an either a Federal-Aid :or state 11.7�ghWay system. e. Selection clad approval of a Federal-Aid Urban osn System, within an urban area ciarries no i::plication of State partici.cat_-cn in the .o--t of improv,,rents. Such partici- pation ?11 be only .a_;t specific prof _.J eligible for such funds, Ere st1lec`ed for improve,aentand T. , ._> io:g . , 3. PP.RTICIPATIOIN IN COST OF 1MIP?0M.-iE 1TS Funds to match ava_lable Federal funds for Urban System in- pror_, is, ___, bie =cr' -meat UnLler State laces c:'ill be pro'_�ided by the Texas i-I-,;::ay Department from State sources of revenue_ Local participation in the costs of iters of Rights-of-Way, Utility Adjustments, Curb and Gutter, Storm Sem.-=s, 111u--na- tion and other rotated imprcvcinents•crill be required in accor- dance c•;ith established ieperGncntal policies current at the time or designation. .. T.Zc=,._c. rrdCE FutD OPERATi.c;'i OF tUPB?L; S YSTAM a. Fula resportsibuity for all maintenance ane cper tion of Re desiT aced Man Symm wDl generally r.,% vKth, the agency having such responsibility at the time of pro- ject designation, b. 'w":,;e Cly shad =dont ani enf orca such ordinances and regu- lations as may be necessary for the proper operation of the facility. The Stat,_ En-gineer is dir�cted to cooperat e;ith t:he ,_pn_-o_n'�-_ local o-ficils in -„_ dr_.�.. -.- - .�Urt.. - �.*�d �� _ - Y, .. _a e ter into aMmements as may he necessary to develop specificrimprovcment projects .,-thin this policy. - E>amin�and Ecco.�•.ped ti App rte, 1 t<sis .rS:atc Fl,�h,•:a7'�r,Ci:.-rr iJ(sem Planning v Resear' 3 iV=rD•: M _ v� -.- ,,. 3:_ Co•r.^as:.r:••r 3Su:aic \umber _ ��✓ y C m::u. orrr D,,tc P' JU?i 74 YN .,n•.. M_:,A—<:to Q-WOW in qu nt�;.1•:n•e. .............. .. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-30 Rental Policy-Emancipation Park 11-26-74 RESOLUTION NO. 74-30 WHEREAS, it has come to the attention of the City Council of the City of Huntsville, Texas that the policy for rental of the Emancipation Park Building needs revision, and WHEREAS, after due consideration by the City Council and the Administrative staff of said City, the following policy is presented: NOW THEREFORE, BE IT RESOLVED that any community, civic group or other organization wishing to use the facilities and building at Emancipation Park may do so. However, to assure adequate safeguards are taken to maintain the building in a manner that will offer the best service possible to the community, certain minimal requirements will be made on all those wishing to use the facility. 1. All groups will be required to clean the building immediately after its use and leave it in an orderly condition. 2. The deposit of twenty-five ($25.00) shall be forfeited to the City of Huntsville if the key is not returned to City Hall by noon the next following regular working day. 3. Any group wishing to generate business revenue by charging an admittance fee, donation, or other type of contribution for any type of function to be held in the building will be charged a fee of fifty ($50.00). Twenty-five dollars of this is a deposit to be returned: a. Once the building has been cleaned to the satisfaction of the Parks and Recreation Department b. The key returned on time. 4. Groups not charging an admittance fee will be required to put up a twenty-five ($25.00) dollar deposit to be returned: a. Once the building has been cleaned to the satisfaction of the Parks and Recreation Department. b. The key returned on time. S. In case of damage to the building or any portion thereof, or loss of equipment, furniture, etc.: a. The deposit will be forfeited. b. The individual reserving the use of the building will be held responsible. BE IT FURTHER RESOLVED, that this policy serve as a contract between said City and the individual or group wishing to rent the building .and that same contract must be signed by the rentor indicating the contract is understood and fully agreed to the terms therein stated. WHEREUPON this Resolution having been duly made and seconded, same was passed by unanimous vote on this the 26th day of November, 1974. THE CITY OF HUNTSVILLE, TEXAS Morris I. Waller, Mayor J'ATTEST: Ruth Shaw, City Secretary RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-31 Sale of Furgeson House RESOLUTION 74-31 WHEREAS the City of Huntsville, Texas is the owner of a certain tract or parcel of land located in Block 12 of the City of Huntsville with certain improvements thereon which have been determined to be surplus property to the City consisting of a frame residential dwelling; and WHEREAS Section 14.14 of the City Charter of the City of Huntsville authorizes and requires that no sale or lease of property shall be made without first advertising for bids by a notice in the official newspaper of the City for two consecutive weeks which notice the City Council desires to publish; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that said City Council has made a determination and finding that the following described property is surplus property and that the public interest would best be served by the public sale of same after due notice as required by the Charter of the said City, said property being described as follows: Being one frame residential dwelling located within Block 12 of the City of Huntsville, particularly at 1320 13th Street and known as the Ferguson Property; BE IT FURTHER RESOLVED that the City Secretary of the City of Huntsville publish the notice as required by the Charter of the City of Huntsville in the official newspaper of the City of Huntsville, the Huntsville Item and that the requirements of the bids include a require- ment for an additional deposit of $100.00 to the amount bid for the purchase of such property to insure the complete cleaning of the lot site upon removal of the frame residential dwelling. Such dwelling to be open for inspection between the hours of 5:00 A.M. and 5:00 P.M. weekdays. WHEREUPON said Resolution was duly made and seconded on this the 26th day of November, 1974. THE CITY OF HUNTSVILLE, TEXAS Morris I. Waller, Mayor ATTEST. i Ruth DeShaw, City Secretary I OVED AS TO FORM• n . Colley, CityAttorne RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: 5L(tLJ1 L`Y1. 74"A ,5[y1t,4he i Stand(wd RESOLUTION NO. 74-52 RESOLUTION FINDING THAT THE CITY OF HUNTSVILLE, TEXAS, HAS HERETOFORE ADOPTED THE SOUTHERN STAN- DARD BUILDING CODE AND CONFIRMING THAT THE CITY ENGINEER SHALL REVIEW ALL APPLICATIONS FOR BUILD- ING PERMITS, AS PRESENTLY REQUIRED BY CURRENT CITY ORDINANCES. WHEREAS, the City of Huntsville, Texas, by ordinance dated February 23, 1971, and amendments thereto, as codified in Chapter 6 of the Code of Ordinances of the City of. Huntsville, Texas, adopted and is enforcing the Southern Standard Building Code; and WHEREAS, Section 105 of the Southern Standard Buildinq Code and amendments to said ordinance prohibits any person, firm or corporation from erecting, constructing, enlarging, altering, re-- pairing, improving, moving or demolishing any building or structure without first obtaining a separate building permit for each building or structure from the Building Official after approval by the City Engineer; and WHEREAS, the Building Official must examine all plais and specifications for the proposed construction when application is made to him for a building permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, 1. That the City Engineer shall review all building permit appli- cations for new construction or substantial improvements to de- termine whether proposed building sites will be reasonably safe fron flooding. If a proposed building site is in a location that has a flood hazard, any proposed new construction or substantial im- provement (including prefabricated and mobile homes) must (i) be designed (or modified) and anchored to prevent flo-ation, collapse, or lateral movement of the structure, (ii) use construction ma- terials and utility equipment that are resistant to flood damage, and (iii) use construction methods and practices that will mini- mize flood damage; and 2. That the City Engineer shall review subdivision proposals and other proposed new developments to assure that (i) all such pro- posals are consistent with the need to minimize flood damage, (ii) all public utilities and facilities, such as sewer, gas, electrical and water systems are located, elevated, and constructed to minimize or eliminate flood damage, and (iii) adequate drain- age is provided so as to reduce exposure to flood hazards; and 3. That the City Engineer shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and require on-site waste disposal systems to be located so as to avoid impairment of them or contamination from them during flood- ing. WHEREUPON, said Resolution was 3uly made and seconded and passed by unanimous vote on this the 10th day of December, 1974. \ THE CITY OF HUNTSVILLE T XA� MORRIS I. WALLER, Mayor ATTEST-. \ // `RUTII DeSHAS4, City Secretary T'11,ROVED AS TO F•RM: TIN D. COLLEY, Cit Atto ey Y Ler lines and fire hvdrants. -- Four (4) copies of tispians and Profiles of - •- 1 proposed ,lacer linei s and shoeiing - depths and grades otvdrants,;: the lines.Y (3) i:'i?en a separate water system is planned, or a;tian connection i_s proposed to a :•later system °the- than to the Cit,- H svilie ester sys' . O. L'n� L^_ins, cop.=s of Lhe 1.zns, _ncludinQ -_fire 1h. --- - proposed pstem. ldrants, of ti «) storm Drainage (1) Si-:: conies of the proposed. 1, ba..-,eci of the. CiL-y of Huntsville ciatttp t, ndicati ng ? foot contours shal_1 be indica ! street widths and grades cate? a• the ted on the plat, and runof_: and shall be i n G .1 Outlet - - Cl- sewers and inlet side o- all drainage ditches and form and all points in the street at changes of rade or J c•;here the ;Jester enters another. street Or storm sewer or drainage ditch. Drainage ea semen shall be indiczted. - (2) 3 (a U.S.C;. Szl locati c:-atershed on map of the subdivision showing the entire (a . Quadrangle is satisf actor'v) . (3) Calculations shoc,ing the anticipated storm water f.l_o:a, i.ncludir drainac o;atershed area, per Cent runoff and time of concentration. :then a a ditch or storm sewer is proposed, scalculations shall. be ubmitted sho: i-ncr basis for desi.gn_. (4) Anytime concentration exceeds 10 cubic .feet structures shall be required per second,drainaae net be allowed ,and waters of this concentration shall to dump-a' public streets or adjacent property C--C"Lpt through an troland drai. _ structures. _ (5) No buildlrtcs shall and streets be built on either side ;hx1.1 run on each side of. m- ' °f a major channel a;o_ channels. annels. (6) les ct drain_,re channel o;� storm sewer is proposed, complete pla: profiles e_:d specifi_cations shall be su5mi_ttedShowing. COnStrllCtl on d?tails- , Complete (7) When conditions upstream or do:onstream or storm - from a proposed channel do not permit maximum design floc;, high water marks br.sed, on a tcrenty-f.iv-_ year frequencv, shall ba indicated 'based oil ex-1-sting conditions. (S) Four (4) copies: of detailed cost estimates. (e) 'h�2 final- plat shall also i.ncluck:! th-! foilo_;in (1.) Cr•,on is 1ct:no;•Jledge:lent and Dz!dic-,'' s. (') Cen rtificatioby the City Engineer that x1.1 rent ir_..,>nt� of this, 01:dinanc . have bee:n ret. (3) Apnro:,-al or. the Cosmil s,ion. __._-_i:i>i ._0. h:,.i::.=.ov T_iC r7;. :•r�rt�T, -,'t' .L0-01 If 0(--sired I-)y s ubdi.vid^r and epc,-o,0, _ gin. , Pt firtal prat: mey constitute only Li:ct portio:: of fir_: anp Dyad` preliminary pl.LLJahich he pcoposes to record &e,." : sh ti _lolt. a. conform t° all tl?�e recrurre::•..'nts Of: r....., O•-cine:_-..�-- THE STATE OF TEXAS X COUNTY OF WALKER X I, RUTH DeSHAW, City Secretary of the City of Huntsville, Texas, do hereby certify that the above and foregoing is a true, exact and correct copy of the original RESOLUTION ASSURING THE FEDERAL INSURANCE ADMINISTRATION THAT THE CITY OF HUNTSVILLE, TEXAS, WILL ENACT NECESSARY LEGISLATION AND ENFORCEMENT PROVISIONS TO COMPLY WITH THE NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS AND DESIGNATING THE CITY ENGINEER TO PERFORM CERTAIN FUNCTIONS IN CONNECTION THEREWITH passed by the City Council of the City of Huntsville, Texas, on December 10, 1974, and thereafter recorded by me in Vol. L , Page/L1j, of the Minutes of the City Council of the City of Huntsville, Texas. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this the i,); � day of December, 1974. THE CITY OF HUNTTSVI/LLE,/JTEXAS RUTH DeSHAW, "City Secretary (SEAL) CORRECT ION This Document Has Been Rephotographed To Assure Legibility. Microfilming Target RMD 210(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 74-33 City Enacts Flood Leg. 12-10-74 THE STATE OF TEXAS X COUNTY OF WALKER X I, RUTH DeSHAW, City Secretary of the City of Huntsville, Texas, do hereby certify that the above and foregoing is a true, exact and correct copy of the original RESOLUTION ASSURING THE FEDERAL INSURANCE ADMINISTRATION THAT THE CITY OF HUNTSVILLE, TEXAS, WILL ENACT NECESSARY LEGISLATION AND ENFORCEMENT PROVISIONS TO COMPLY WITH THE NATIONAL FLOOD INSURANCE PROGRAM REGULATIONS AND DESIGNATING THE CITY ENGINEER TO PERFORM CERTAIN FUNCTIONS IN CONNECTION THEREWITH passed by the City Council of the City of Huntsville, Texas, on December 10, 1974, and thereafter recorded by me in Vol. 4 , Page/LTJ, of the Minutes of the City Council of the City of Huntsville, Texas. IN WITNESS WHEREOF, I have hereunto set my hand and seal of office this the ay of December, 1974. THE CITY OF HUNTSVI//LLE, TEXAS RUTH DeSHAW, 'City Secretary (SEAL) RESOLUTION 74-33 RESOLUTION ASSURING THE FEDERAL INSURANCE AD- MINISTRATION THAT THE CITY OF HUNTSVILLE, TEXAS, WILL ENACT NECESSARY LEGISLATION AND ENFORCEMENT PROVISIONS TO COMPLY WITH THE NATIONAL FLOOD IN- SURANCE PROGRAM REGULATIONS AND DESIGNATING THE CITY ENGINEER TO PERFORM CERTAIN FUNCTIONS IN CONNECTION THEREWITH. WHEREAS, certain areas of the City of Huntsville, Texas, are subject to periodic flooding from certain streams, creeks, branches and their tributaries located within the incorporated limits of said City, causing serious damages to properties within these areas; and WHEREAS, relief is available in the form of Federally sub- sidized flood insurance as authorized by the National Flood Insurance Act of 1968; and WHEREAS, it is theintent of the City Council of the City of Huntsville, Texas, to require the recognition and evaluation of flood hazards in all official actions relating to land use in the flood plain areas having special flood hazards; and WHEREAS, this body has the legal authority to adopt land use and control measures to reduce future flood losses pursuant to Article 8280-13, Texas Civil Statutes. NOW, THEREFORE, BE IT RESOLVED the the City Council of the City of I3untsville, Texas, hereby 1. Assures the Federal Insurance Administration that it will enact as necessary, and maintain in force for those areas having flood hazards, adequate land use and control measures with effective enforcement pro- visions consistent with the Criteria set forth in Section 1910 of the National Flood Insurance Program Regulations; and 2. Vests the City Engineer with the responsibility, authority, and means to: (a) Delineate or assist the Administrator, at his request, in delineating the limits of the areas having special flood hazards on available local maps of sufficient scale to identify the location of building sites. (b) Provide such information as the Administrator may request concerning present uses and occupancy of the flood plain. (c) Cooperate with Federal, State, and local agencies and private firms which undertake to study, survey, map and identify flood plain areas, and cooperate with neighboring communities with 1' ?-8 respect to management of adjoining flood plain areas in order to prevent aggravation of existing hazards. (d) Submit on the anniversary date of the community's initial eligibility an annual report to the Administrator on the progress made during the past year within the community in the development and implementation of flood plain manage- ment measures. 3. Appoints City Engineer to maintain for public inspection and to furnish upon request a record of elevations (in relation to mean sea level) of the lowest floor (including basement) of all new or sub- stantially improved structures located in the special flood hazard areas. If the lowest floor is below grade on one or more sides, the elevation of the floor immediately above must also be recorded. 4. Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the program. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote on this the 10th day of December, 1974. THE CITY OF HUNTSVILLE TEXAS BY MORRIS I. WALLER, Mayor ATT3T: `d-L / RUTH DeSHAW, City Secretary n—ED AS TO FORM - MARTI D. COLLEY, City Attorn ��y RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-01 Title: AUTHORIZES APPLYING FOR COMMUNITY DEVELOPMENT ACT ASSISTANCE Date: 01-14-75 The Council met in regular session with the following members present: Morris I. Waller, Mayor Ralph Davis Larry Dickens Andrew Martinez Goree McGlothen Frank Moore Jack Parker Delora Rogers Member absent: John Amick - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The meeting was called to order by Mayor Morris I. Waller. The invocation was given by the Parks and Recreation Director, Gene Pipes. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller presented the Minutes of the previous meeting and asked for any corrections. Councilman Moore moved to accept the minutes as written and Councilman Dickens seconded the motion. All were in favor of the motion and it passed unanimously. CONSIDER RESOLUTION NO. 75-1 INDICATING THE CITY'S INTEREST IN SEEKING CODLMUNITY DEVELOPMENT ACT FUNDS City Manager, Jim McAlister, then read Resolution No. 75-1 to the Council and asked for their permission to proceed with the application process. Councilman Dickens moved the adoption of the Resolution and Council- man McGlothen seconded the motion. All were in favor of the motion and it passed unanimously. Provision of the Grant Jim McAlister indicated one of the provisions of the Community Development Grant is to seek citizen participation in determining the City's needs and priorities. To meet this provision, newspaper publicity was initiated on the Community Development Act; a City Hall Forum was aired over KSAM Radio; three public hearings are planned, the first to be held at Emancipation Park Building on January 15 at 7:00 P.M., the second at The Baptist Church, 1530 10th Street, January 16 at 7:00 P.M., and the third in City Hall Council Chambers on January 28 at 7:00 P.M. He indicated the recommendations received from the public will be reviewed by the Council at its regular meeting on January 28 and the final designation of projects and needs for submission with the grant application will be made. County Invited to Participate With City i Jim McAlister then read a letter to the Council which he had written to County Judge, Amos Gates, in which he invited the County to join with the City in a combined effort to apply for funds for projects eligible for funding under the Community Development Act. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: J ® � 772cc zn�, L- RESOLUTION N0. 75--2- WHEREAS, the City Council of the CITY OF HUNTSVILLE has heretofore determined that certain real estate was surplus property to said City and has advertised for bids for the sale of same and in response thereto received one bid for the purchase of property described as follows: BEING all of Lot 101 and part of Lot 104 in Block 14 of the City of Huntsville, and being a lot 100' x 170' and being the property described as First tract in a deed from Harris G. Eastham, Jr., et ux, et al to the City of Huntsville dated December 16, 1959, and recorded in Vol. 165, Page 380, of the Deed Records of Walker County, Texas. And, WHEREAS, the bid for such real estate was in the amount of $51,101.00 and was submitted by John Haney under Haney Investments, which such bid the said City Council desires to accept and award and authorize the Mayor of said City to execute a proper deed of conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that the bid of John Haney as Haney In- vestments for the property previously described in the amount of $51,101.00 be accepted. BE IT FURTHER RESOLVED that the Mayor of said City be, and he is hereby, in all things authorized to execute the proper deed of conveyance, conveying said property by general warranty thereby binding said City to convey good and indefeasible title to said real estate. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote on this the / tL day of January, 1975. THE CITY OF HUNTSVILLE, TEXAS BY MORRIS I. WALLER, Mayor AT 3T'� RUTH DeSHAW, City Secretary M OVED AS TO FORM D. COLLEY, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: / ja t 1,? RESOLUTION NO. 75-3 WHEREAS the City Council of the City of Huntsville has heretofore authorized the sale of Lot 101 and part of Lot 104 of Block 14 in the City of Huntsville to John Haney after proper bid and acceptance of same, and WHEREAS the said John Haney has requested that the conveyance of said property be to Craig Cannon because of the method of finance in the purchase price to the City of Huntsville, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Huntsville that the conveyance heretofore authorized to be executed by the Mayor and City Secretary of the City of Huntsville conveying the above referred premises to John Haney be conveyed to Craig Cannon in lieu of John Haney under the same terms and conditions, WHEREUPON said Resolution was duly made and seconded and passed by unanimous vote on this the 28th day of January, 1975. CITY OF HUNTSVILLE, TEXAS (SEAL) Q Morris I. Waller, Mayor ATTEST: CJ Ruth DeShaw, City Secretary APPROVED AS TO FORM: Martin D. Colley, City Attorp y RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 75-5 Thomas Durbin Land Purchase RESOLUTION N0. 75-5 WHEREAS, the long range plan for the development of streets and highways within the City of Huntsville, Texas, calls for the extension 10th Street easterly from its present termination point at Avenue F to Highway 19 North which would result in the necessity of acquiring by condemnation or otherwise certain real estate by the City of Huntsville for the purpose of opening such street. The City of Huntsville has now negotiated the purchase of a certain portion of the real estate to be included in the future extension of 10th Street and the said City Council of the City of Huntsville having reviewed the future plans and determined that it would be advantageous to said City to acquire such of said real estate as available thereby avoiding costly litigation and con- demnation proceedings and that the necessity exists for the acceptance of an offer to sell such real estate to said City for the sum of $11,000.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that the best interest of the City of Huntsville would be served by the acquisition of the following described real estate for the purpose of future extention of 10th Street east in accordance with the long range plans for the develop- ment of the City of Huntsville: Being out of and a part of the P. Gray League, A-24, in Walker County, Texas, and being situated in the eastern part of the City of Hunts- ville, on the east side of Avenue F (formerly Woodlawn Avenue) ; BEGINNING at a 6" x 6" creosoted oak fence post on the east margin of Avenue F, this point being north 390 feet from the northeast intersection of Avenue F and 11th Street; THENCE North 56-1/2 feet along the east margin of Avenue F to a 3/4" iron pipe for corner at the southwest corner of the original Gray- bill tract, this corner is south 56-1/2 feet from a car axle at the southwest corner of the Murray tract; THENCE East along fence line 694.4 feet (250 vrs.) to a 1/2" iron rod for corner from which a hackberry 10" dia. brs. S 53 E. 10 feet; THENCE South 56-1/2 feet to an 1/2" iron pipe .in fence line for corner in a ravine; THENCE West 694.4 feet (250 vrs.) along fence to the Place of Beginning, containing 9/10 acres of land and being the same land described in deed dated May 24, 1948, from Joe Miller Young, et al to Alex Scott, and recorded in Vol. 122, Page 152, Deed Records of Walker County, Texas; And being the same tract of land conveyed by deed dated August 9, 1948, from Alex Scott and wife, Cora Scott to T. A. Russell, re- corded in Vol. 122, Page 568, Walker County Deed Records to which instrument reference is herein made for all purposes. This conveyance is made subject to all restrictions, easements, conditions, covenants and conveyances or exceptions of minerals or royalty, if any, of record in the office of the County Clerk of Walker County, Texas, applicable to an enforceable against the above described property. BE IT FURTHER RESOLVED that the City pay THOMAS D. DURBIN, the present owner of such real estate, the sum of $11,000.00 in the consideration of the conveyance to the City of said real estate and the furnishing of a policy of Owner's Title Insurance. WHEREUPON, said Resolution was duly.made and seconded and passed by unanimous vote on this the //y/ day of February, 1975. THE CITY OF HUNTSVILLE,, TEXAS MORR S I. WALLER, Mayor ATTEST: RUTH DeSHAW, City Secretary A ROVED AS TO FORM:IvIAR-21N D. n CULLEY, City Attorney i / RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: �C,tLk-riL-'L 1()' 4 q -It: RESOLUTION NO. 75-6 WHERAS the voters of the City of Huntsville did on August 27, 1974 approve the sale of 1.8 million dollars in water and sewer revenue bonds for the purpose of building new facilities for the water and sewer system, and WHEREAS $325,000 of these funds are now needed to begin construc- tion and installation of the sewer lateral.lines in South Huntsville and to.purchase a site for the North Huntsville Sewer Plant and pay the engineer's fees associated with the plant's construction, NOW THEREFORE BE IT RESOLVED that the City's bond agent is hereby authorized to advertise bonds for sale in the above stated amount for the purposes stated herein, and is further authorized to establish a date of sale for the bonds to be agreed upon with the Administration. Passed and approved this the 25th day of February, 1975. ( S E A L) CITY OF HUNTSVILLE, TEXAS By orris I. WFller, Mayor ATTEST: r / Ruth DeShaw, City Secretary APPROVED AS TO FORM: Martin D. Colley, City Attorney 69 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 75-7 Low Cost Housing RESOLUTION NO. 75-_L WHEREAS for many years prior to the year 1970, the City of Huntsville was in need of suitable low cost housing for citizens of the community whose economic and financial abilities necessitated their occupancy of substandard dwellings; although such needs were seen, no affirmative action was taken.by the City of Huntsville until the year 1970, when, as authorized by statute, the City Council of said City created the Huntsville Housing Authority. Said Authority, once created, commen.'ed an orderly and systematic course of action with the ultimate purpose of bringing to the City of Huntsville an adequate low cost housing project for qualifying citizens of the community. WHEREAS the initial Chairman of the Huntsville Housing Authority was G. A. White and through the dedication and perseverance of G. A. White, this long needed project culminated in the opening of 100 low cost housing units in Huntsville, Texas, on May 23, 1974. While it is recognized that many individuals of this community assisted in bringing this project to fruition, at the same time, all concerned with said project recognized that without the able and competent guidance of G. A. White as Chairman of the Huntsville Housing Authority, this project would not have become a reality. The hours and days spent by G. A_ White in meeting with federal and state officials, builders, and promoters, are so great in number that literally thousands of dollars would have been required had the duties performed by Mr. White beer compensable in nature. True recognition of his contribution to the citizens of this community and to the City of Huntsville, Texas, can never be measured by mere words of praise.. However, the City Council of the City of Huntsville, Texas, desires to acknowledge with great appreciation the services performed by G. A. White as Chairman of the Huntsville Housing Authority from the date Of its creation until the present time and to proclaim such appreciation by an official Resolution commending the said G. A. White and pursuant thereto: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that G. A. White be officially commended for his out- standing and dedicated service to the City of Huntsville, Texas, and the citizens of this community, for his perseverance and leadership as Chairman of the Huntsville Housing Authority during itsriod of organization which Pe brought forth much needed low cost housing for qualified citizens of this community. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, officially recognizes the services rendered by G. A. White as services rendered above and beyond.the call of duty and that this Resolution be published and spread upon the Minutes of the meetings of the City Council of the City of Huntsville, Texas, for all posterity to remember the services rendered by G. A. White to his fellow man. WHEREUPON, said Resolution was duly made and seconded and upon vote } unanimously passed and in witness thereof is signed by the Mayor of said City, attested by the City Secretary and the official seal of said City affixed hereto. THE CITY OF HUNTSVILLE, TEXAS IT MORRIS I. WALLER, hfAYOR DATE: 7.y I9 7s' j yam" ATTEST: Rut —DeShaw, City Secretary Date: --T RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 75-8 Jack King, State Fireman RESOLUTION NO. 75-8 IYHEREAS, JACK KING is Chief of the Huntsville Volunteer Fire Department of the City of Huntsville, Texas, and as such has devoted many hours of time and effort in attending to the affairs of the City of Huntsville for a period of three years as Chief and seven years as a member of the Huntsv.'.11e Volun- teer Fire Department and during such time has been a leader in br'..nging about inportant changes in the safety of the citizens of Huntsville by providing the best of fire fighting defenses to improve the quality of serri_ces offered by the City of Huntsville to a growing community; WHEREAS, in addition to the activities of Chief of the Huntsville Volunteer Fire Department, which the said Jack King has been instrumental in promoting, the said Jack King has made invaluable contributions to the community as a whole through his participating in numerous other community endeavors, including church and Lions Club and other civic organizations; 1,7?iEREAS the efforts of the said Jack King have been recognized by the East Texas Fireman's Association who elected to bestow him with the Fireman of the Year 1974 Award; and by the Huntsville Volunteer Fire Department who elected to bestow him with the Fireman of the Year award for 1972 and 1975. Tha able leadership of the said Jack King was also evident when lie served as Pzesident of the East Texas Fireman's .Association as well as a member of various state committees. The talent and training of the said Jack King are displayed annually at the Texas A&M University's Fireman's Training School where he serves as an instructor to fire fighters from all over the State of Texas. WHEREAS the said Jack King is now a candidate for the position of 4th Vice President of the State Fireman and Fire Marshal's Association of Texas, a post for which the members of the City Council of the City of Huntsville believe the said Jack King is eminently qualified; and WHEREAS it is the desire of the City Council of the said City of Huntsville, Texas, to make a public declaration of the confidence and respect the members of the City Council hold for the said Jack King, and to urge and encourage his candidzcy for the Office of 4th Vice President of the State Fireman and Fire Marshal's Association of Texas. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of klents,ille, Texas, commend the candidacy of Jack King as 4th Vice President to the State Fireman and Fire Marshal's Association of Texas to all members of State Fireman and Fire Marshal's Association of Texas and encourage and solicitate the support of all voting delegates at the 99th Annual Con:erence of said organization to be held in Houston, Texas June 9-12, 1975. -z- WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote of the City Council and in witness whereof the Mayor of said City and the City Secretary have hereunto set their hands and the seal of the City. THE CITY OF HUNTSVILLE, TEXAS Morris I. {taller, Mayor ATTEST//: Ruth DeShaw, City Secretary RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-09 Title: ENDORSES STATE UTILITIY COMMISSION Date: 03-25-75 Dias as t ey now stand and advertise he said a coin could then be flipped. Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. STATUS OF SOUTH HUNTSVILLE SEWER PROJECT--SONNY DAVIDSON Elkins Trunk Line. Mr. Davidson indicated Turner, Collie I, Braden (engineers for the municipal utility district and design engineer for the program) are not ready to make a formal recommendation. He said they seek additional information regarding the pipe displacement and have written to the municipal utility district. Ben Sira. Mr. Davidson discussed several change orders. He indicated they have not yet closed out with Ben Sira and the contract was still open and that $7,000 remained for seeding and sodding and start up of the plant. Mr. Davidson indicated two working weeks would be required for testing and that 800 feet of sewer line must be cleaned and tested to complete the Elkins Lake Trunk Line and then Gifford Hill would be asked to inspect it and issue their certificate of insurance. The Moore Brothers Construction Company has approximately 3000 feet of line to test and is proceeding with it at this moment. Barring no complications whatsoever, he indicated that it would take about 14 working days. Mayor Waller asked Mr. Davidson to advise the contractors personally that the City is incurring an expense because the contracts were not finished on time and that the City does expect to invoke the penalties as pro- vided by the contract; therefore, the City would hope that they would expedite the completion of the project. CONSIDER AUTHORIZING INTERIORS CONTRACT O\ NEW CITY HALL WITH WETTER, THARP, AND COWELL Jim McAlister indicated that at the last work session, the contract for the interiors decor of city hall was discussed. This contract would authorize the firm of Koetter, Tharp and Cowell to proceed with this design and acquisition of furnishings. Councilman Davis moved to award this contract to KTC and Councilman .Amick seconded the motion. All were in favor and the motion passed unanimously. RESOLUTION IN SUPPORT OF A STATE UTILITIES MILMISSION Dr. E. Larry Dickens presented the Resolution to the Council. He indicated he felt the City of Huntsville should take this position on this issue and to express this position to Representative Edwards and Senator Moore. He then moved the adoption of the Resolution as written. Councilman Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER FORMATION OF A COKIISSION ON THE QUALITY OF LIFE IN HUNTSVILLE Dr. E. Larry Dickens indicated that Carro Hinderstein appeared several weeks ago requesting the formation of a commission to study the status of women in_Huntsville and that the Council more or less concluded that the City had little authority to act as she requested. He said it occurred to him that perhaps a commission on the quality of life in Huntsville would be useful. He then proposed that such a commission be established, made t1Ll of_tile vPry hast tP1Pnt --iinMP.4, 4hmtcvillP _ 'r rn1P ahentntPl rn aliminarc_� nm RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 75-10 Clean up Month RESOLUTION NO. 75-10 WHEREAS the Mayor and City Council of the City of Huntsville desire to make every effort to improve the quality of life of the City, and WHEREAS one of the ways a significant contribution can be made is to participate and encourage a city-wide clean-up program to remove unsightly refuse, debris, trash, etc., and WHEREAS the City will continue to remove any such trash on each Wednesday of the week when placed at the curb, however, the City is also encouraging each and every citizen to "get involved" with this effort and to make a special contribution to cleaning up residences, businesses, and all property in an effort to have a more attractive City, and seeking individual, civic and social club involvement on each Saturday in April to supplement volunteer City labor and equipment in making this plan a total success, and WHEREAS to further encourage City-wide participation, the City's Sanitary Landfill will be open each Saturday in April for free disposal services, NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Huntsville designated APRIL as "Clean Up Month," and commits the City to this resolve. PASSED AND APPROVED THIS THEDAY OF MARCH, 1975. CITY OF HUNTSVILLE, TEXAS By: Morris I. Waller, Mayor ATTEST: —Ruth DeShaw, City Secretary CLEAN-UP SCOREBOARD TO DATE Aril 15, 1975 Ward 4 Ward 2 Total Loads of Trash Delivered 76 94 170 to Landfill Dilapidated Houses Removed 2 3 5 Abandoned Autos Removed - 4 4 Volunteers 22 16 38 Lots Cleared 1 3 4 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 75-11 Gerald L. Kline , Jr. RESOLUTION NO. 75-11 WHEREAS, GERALD L. KLINE, JR., has served the City with efficiency and dedication as Director of Finance for the City of Huntsville, Texas, and has devoted many hours of time and effort in attending to the affairs of the City of Huntsville for a period of twenty months, and during such time has been a leader in bringing about important changes in the financial structure of the City of Huntsville, in instituting new finance and accounting procedures and in implementing new City policies all designed to improve the quality of services offered by Municipal Government to a growing community; to wit: He increased significantly the interest paid to the City on its investments, He made significant inroads in improving the City's accounting records thereby receiving a complimentary declaration by the City's independent auditors, and He worked beyond the required measure in providing information which resulted in an improved bond rating for the City resulting in a significant savings to all of Hutsville's citizens, and WHEREAS, GERALD L. KLINE, JR., has always been conscientious in using the highest ethics obtainable in the execution of those duties; NOW THEREFORE, BE IT RESOLVED that we, the Mayor, City Council, and City Manager, do extend our deepest expression of thanks to GERALD L. KLINE, JR. for a job extremely well done and further extend to him on behalf of all the citizens of Huntsville our best wishes in his future career pursuits. THE CITY OF HUNTSVILLE, TEXAS BY: Morris I. Waller, Mayor ATTEST: �,�Dt,Shaw, City Secretary RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-12 Title: ACCEPTS GRANT OFFER FOR IMPROVEMENTS TO HUNTSVILLE MUN.AIRPORT Date: 04-08-75 arra and cne cuncract nos stair open ana tnat a/,uua remained ror seeding and sodding and start up of the plant. Mr. Davidson indicated two working weeks would be required for testing and that 800 feet of sewer line must be cleaned and tested to complete the Elkins Lake Trunk Line and then Gifford Hill would be asked to inspect it and issue their certificate of insurance. The Moore Brothers Construction Company has approximately 3000 feet of line to test and is proceeding with it at this moment. Barring no complications whatsoever, he indicated that it would take about 14 working days. Mayor Waller asked Mr. Davidson to advise the contractors personally that the City is incurring an expense because the contracts were not finished on time and that the City does expect to invoke the penalties as pro- vided by the contract; therefore, the City would hope that they would expedite the completion of the project. CONSIDER AUTHORI7ING INTERIORS CONTRACT ON NEW CITY HALL WITH METTER, THARP, AND COWELL Jim McAlister indicated that at the last work session, the contract for the interiors decor of city hall was discussed. This contract would authorize the firm of Koetter, Tharp and Cowell to proceed with this design and acquisition of furnishings. Councilman Davis moved to award this contract to KTC and Councilman Amick seconded the motion. All were in favor and the motion passed unanimously. RESOLUTION IN SUPPORT OF A STATE UTILITIES CON51ISSION Dr. E. Larry Dickens presented the Resolution to the Council. He indicated he felt the City of Huntsville should take this position on this issue and to express this position to Representative Edwards and Senator Moore. He then moved the adoption of the Resolution as written. Councilman Davis seconded the motion. All were in favor and the motion passed unanimously. CONSIDER FORMATION OF .A COMMISSION ON THE QUALITY OF LIFE IN HUNTS\ILLE Dr. E. Larry- Dickens indicated that Carro Hinderstein appeared several weeks ago requesting the formation of a commission to study the status of women in Huntsville and that the Council more or less concluded that the Citv had little authority to act as she requested. He said it occurred to him that perhaps a commission on the quality of life in Huntsville would be useful. lie then proposed that such a commission be established, made up of the very best talent available in Huntsville, and unless absolutely necessary, not to eliminate from consideration persons living outside the city limits. He said perhaps the simplest way to establish this com- mission would be for council members to appoint one council member and the Mayor appoint the chairperson for the commission. The "COQL" would be given a very broad area for study, lie said, with essential limitations being that which is practical for the City of Huntsville to do. He proposed that the Council consider this formation of this cm=ission and take it under advisement and discuss it further at the next work session. CONSIDER ENDORSEMENT OF CITY-WIDE CLEAN-UP CMIPAIGN Mr. McAlister indicated basically the Resolution officially endorses and involves the City and its forces, principally volunteer forces, to engage in a city-wide clean-up program. It solicits the assistance of the RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-13 Title: AUTHORIZES TRA NEGOTIATIONS FOR SURFACE WATER SUPPLY Date: 04-08-75 ine meeting was called to order by the Honorable Morris I. Waller. The invocation was given by Councilman Ralph Davis. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller presented the Minutes of the previous meeting of ?larch 25, 1975 and asked for Council's approval. Councilman Davis pointed out a typographical error on page 1 under the Entex discussion, third line, Mr. Davis should read "Mr. Powell." With this correction of the minutes, Councilman Parker moved to accept the Minutes and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. RESOLUTION AUTHORIZING NEGOTIATIONS WITH TRINITY RIVER AUTHORITY FOR FUTURE WATER AND SEINER PROJECTS Mayor Waller indicated that for perhaps two years this City Council has been considering the implementation of the long range water system for the City of Huntsville and much study and research has gone into this program as to financing, construction, mechanics for operation of the system and other investigations with qualified consultants, and now it is necessary for the Council to commit itself if it intends to proceed with adopting a long range water supply system through the use of surface water. The Mayor then asked City Attorney, Martin D. Colley, to read the Resolution. Resolution No. 75-15 REGARDING FINANCING OF TREATED WATER SOURCE AND WATER TRANSPORTATION AND STORAGE FACILITIES AND SANITARY SEWER FACILITIES BY THE TRINITY RIVER AUTHORITY OF TEXAS. Mr. Colley read the Resolution in its entirety to the Council. After which Mayor Waller indicated a great deal of negotiation is still needed and contracts have to be drawn which would be presented back to the City Council to be reviewed in detail prior to executing the contracts. He stressed accepting this Resolution tonight will place the City on record as endorsing this action. In addition, he said, it authorizes the Trinity River Authority, on our behalf, to proceed to negotiate and discuss with the Texas Water Quality Board and the Water Development Board the acquisition of the bonds of the Trinity River Authority that would relate to these two specific projects: the completion of the North Huntsville Sewer Plant and Long Range Water Supply System. The Council then discussed bonds and financing and other items in the Resolution were questioned and discussed for clarification. Councilman Moore requested that phamphlets or brochures be prepared accurately outlining the complete program in detail in order of its development and as it relates to expense and what it would mean to the citizens, so that as Council members, they could answer some of the questions of the citizens. Mayor Waller endorsed this suggestion and agreed it would be helpful to the citizens of Huntsville. Mayor Waller then gave a summation of the developments of previous years leading ultimately to the decision to change to surface water supply and he explained previous alternatives that came before the Council for con- sideration. Councilman Dickens moved that the Resolution be adopted and Councilman Moore seconded the motion. All were in favor and the motion passed unanimously. n n WTI.i TABIC (1R TNF mcvnC ur r_inanv nconnm c m RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-14 Title: POST OFFICE PARKING PLAN Date: 04-24-75 this project. iie indicated it would be a " "- rrom ane Council to of total "turn key" job. Councilman Amickmovedto allow advertisement for bids and Councilwoman Rogers seconded the motion. all were in favor and the motion passed unanimously. , CONSIDER ACTION ON PARKING REGULATIONS FOR 10TH STREET AND AVENUE N Jim McAlister, City Manager, indicated this was the area of the new Post Office site. He then presented Mr. Jim Hudgens, City's Traffic Safety Coordinator, who presented the Council with a map of the area. Mr. Hudgens indicated Mr. Coburn, the Postmaster, had requested that there not be any parking in front of the Post Office, if at all possible. In order to accommodate the rest of the businesses and residences in the area, Mr. Hudgens recommended removal of the parking on the south curb in front of the Post Office on 10th Street. He indicated the street is 56 feet wide which ,could leave an 8 foot parallel parking lane on the north curb and two 12 foot traffic lanes, which are adequate. Mr. Hudgens said on .Avenue N south of the Huntsville Item to a point approxi- mately 25 feet past the curb cut opening to the Post Office, removal of the parking spaces on the west curb is recommended. ns nt on to he and equipmentewillebe behindsay andteastost Office patron ro of the building. Hesaidbasedronta parking rate their spaces, this parking lot could accommodate approximately 800 vehicles per day. However, the actual turnover rate would be closer to S minutes, lie said. Four on-street parking spaces on Avenue N and S on 10th Street would be provided according to Mr. Hudgens. Mayor Waller asked City Attorney, Martin D. Colley, to frame a Resolution for the Council to adopt to legalize the parking plan as indicated. Resolution No. 75-14 BE IT RESOLVED by the appropriate officials of the City that a "no parking" zone be established on the south curb of 10th Street from Avenue N east to the Post Office property line. That additional "no parking" be established on the west curb line of Avenue N from 10th Street south to a point 25 feet south of a point parallel or even with the Post Office curb cut and that appropriate markings be put on the street to so indicate no parking. Councilman Moore moved to adopt the Resolution and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. AUTHORIZATION TO ADVERTISE FOR BIDS ON SOUTH HUNTSVILLE SEWER LATERALS City Manager, Jim McAlister, referred to a map posted on the wall showing the South Huntsville sewer lines. The location of the proposed lines to be constructed were shown on this map. He pointed out laterals that do not require easements, and laterals that would require easements. He then asked the Council's permission to go out for bids. Councilman Amick moved that bids be advertised for construction of the South Huntsville Sewer Laterals and Councilman seconded the motion. All were in favor and the motion passed. BUSINESS OF THE CITY ATTORNEY--MARTIN D. COLLEY Mr. Colley indicated he did not have any business for the Council's consideration at this time. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 75-15 Trinity River Basin Resolution 75-15 Whereas, the economic and social progress of the Trinity River Basin is heavily dependent upon the wise use and further development of the limited water resources; and, the proposed Federal Budget for Fiscal Year 1976, and a Whereas, ransitional Quarter, which runs from July 1, 1976 to September 1976, TTrinity allocates a total of $23,143,000 for water resource projT ts in the Tecrinpity River Basin; and, Whereas, a total of $7,314,000 is allocated for the construction of Aubrey cis impor- tant factor in supply Plan water the lan of Dentod control in n and the Dallas river basin, and is an P as Metro olitan Y area; and, Whereas, a total of$265,000 is allocated to study flooding problems along Johnson Creek in Arlington and Grand Prairie; and, Whereas, a total of $5,648,000 is allocated for the construction of Lakeview Lake, which is vital to the river basin flood control and is an important link in the water supply plan for communities in South and West Dallas County and portions of Ellis County; and, Whereas, a total of $4,261,000 is allocated for the Lake Lavon Enlarge- ment, which will substantially complete the project for improved flood control and water supply capacity; and, Whereas, a total of $248,000 is allocated to maintain the proper operation of the navigation channel from the mouth of the Trinity River to Liberty, Texas, which is an important element to the economy of the lower river basin; and, Whereas, a total of $1,100,000 is allocated for the continued advanced engineering and design of the comprehensive Trinity River Project, which includes the Multiple-purpose Channel, Tennessee Colony Lake, West Fork Floodway and Dallas Floodway Extension; and, Whereas, a total of $4,307,000 is allocated to operate and maintain River Basin for he benefit of existing flood control facilities in the Trinity all the people; therefore, Be it Resolved, that the Congress of the United States be urged to appropriate the $23,143,000 included in the Proposed Federal Budget for Fiscal Year 1976,and the Transition Quarter, and that proper steps be taken to insure the comprehensive planning and implementation of the water re- source requirements for the Trinity River Basin, Texas. RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-16 Title: AUTHORIZES CITY TO SUBMIT APPLICATION TO COMMUNITY DEVELOPMENT ACT OF 1974 Date: 04-29-75 The meeting was called to order by Mayor Pro Tem, Frank Moore. 1974 CODnIUNITY DEVELOPMENT GRANT Proposed City Projects City Manager, Jim McAlister, outlined the programs to be submitted for funding consideration to the Federal Department of Housing and Urban Development under the provisions of the Housing and Community Development Act of 1974. He indicated information for these programs was received from citizen input through a series of four public forums held in various public places throughout the City. The needs and suggestions were studied and a program was devised to focus on the community needs of highest priority. The program was divided into four major phases: 1) Drainage improvements on McDonald Creek in the Avenue C and Avenue D neighborhoods. Project Cost: $51,110. 2) Town Branch drainage improvements between 7th and 10th Streets. First of four phase improvement project. Project Cost: $51,000. S) Thomason Street improvements between Avenue F and Avenue H. First phase of a two-phase improvement program. Project Cost: 334,650. 4) Sidewalk improvements for 9th and 10th Streets contiguous to Huntsville High School and Sam Houston Elementary School. Project Cost: $12,240. McAlister noted that all four projects would cost $150,000 and that $20,000 would be held in contingency in case any of these four projects should exceed the anticipated costs. The entire $200,000 is a 100 percent grant from the Federal Government, he said, and no local funding or matching shares are required. Mayor Pro Tem, Frank Moore, then asked for any comments or questions from the attending citizens or council members. There was some discussion by the council members about the proposed projects. City Attorney, Martin D. Colley then read the Resolution authorizing the City .administration to submit to the Department of Housing and Urban Development a formal application requesting funding in the specified amount of $200,000 for drainage, street, and sidewalk improvements consistent with delineated community needs. Councilman Dickens moved to pass the Resolution (No. 75-16) and Councilman Amick seconded the motion. All were in favor and the motion passed. Worksession Followed The formal meeting of the City Council then adjourned and the City Council then went into a worksession to discuss water tap charges. Respectfully submitted, Ruth DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: `�j.aatmu<. '7?-l'7 k ppm q char je, C3-13--),Jj RESOLUTION NO. 75-17 WHEREAS, Section 17-4, Chapter 17, of the Code of Ordinances of the CITY OF HUNTSVILLE, TEXAS, states that there shall be charged and collected a tapping charge for all new water services connected to the City Water System in such amounts as may, from time to time, be fixed by the City Council of the CITY OF HUNTSVILLE, TEXAS; and WHEREAS, Section 17-21, Chapter 17, of the Code of Ordinances of the CITY OF HUNTSVILLE, TEXAS, states that there shall be made and collected by the City monthly charges for sewer services for each residence, hotel, or office, business house or other building or structure, where any bathtub, sink, commode, lavatory or any other connection or drainage whatsoever of any kind is made with the sewer system of the City, in such sum as may, from time to time, be fixed by the City Council; and WHEREAS, the City Council of the CITY OF HUNTSVILLE, has caused to be made a complete analysis of the comparative costs of water and sewer taps both inside and outside the limits of the said City and has determined what the reasonable and necessary costs for such taps should be and pursuant to the said Code of Ordinances of the CITY OF HUNTSVILLE, the said City Council now desires to set the charges for water and sewer taps. NOW THEREFORE, BE IT RESOLVED by the City Council of the CITY OF HUNTSVILLE, TEXAS, that pursuant to Sections 17-4 and 17-21, Chapter 17, of the Code of Ordinances of the CITY OF HUNTSVILLE, TEXAS, that from and after the date hereof and until further directed by Resolution of the City Council of the said City that charges for water and sewer taps to City water and sewer lines both inside and outside the limits of said City shall be: Inside City Outside City 3/4" Tap Cost Cost Plus 15 Percent 1 " Tap Cost Cost Plus 15 Percent WHEREUPON, said Resolution was duly made and seconded and passed upon unanimous vote of the said City Council on this the 13th day of May, A. D., 1975, and in witness whereof the Mayor and the City Secretary of said City have hereunto set their hands and caused the seal of the City to be affixed hereto. THE CITY OF JHUNTSVILLE, TEXAS Morris I. Waller, Mayor ATTEST• 'h2utFy-be§haw,/City Secretary P ROVED AS TO FORM: Martin D. Colley, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 75-18 Designation of Bird Sanctuary 05-13-75 RESOLUTION NO. 75-18 WHEREAS, the City of Huntsville, Texas, has an impressive number of bird species found within its boundaries, and WHEREAS, this diversity is an indication of a healthy, stable environment, and WHEREAS, birds play a major role in controlling many types of insect pests, and WHEREAS, the City of Huntsville is a growing community with a record of progressive, environmentally conscious community development, NOW THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Huntsville, Texas, that a Bird Sanctuary be established within the city- limits of the said city of Huntsville, Texas; and that the said Mayor and City Council do declare that the City of Huntsville will do everything possible under existing Federal and State laws and City Ordinances to protect the birds found within the City limits. WHEREUPON, said Resolution was duly made and seconded and passed upon unanimous vote of the said Mayor and City Council on this the /7?/" day of May, A. D., 1975, and in witness whereof the Mayor and the City Secretary of said City have hereunto set their hands and caused the seal of the City to be affixed hereto. THE CITY OF HUNTSVILLE, TEXAS By/li!�a A-' �+ ATj .� Morris I. Waller, Mayor e haw, City Secretary /08 i r . P R O C L A M A T I O N I, WHEREAS Huntsville has an impressive number of bird species within its boundaries; and WHEREAS This diversity is an indication of a healthy, stable environment; and L WHEREAS Birds play a major role in controlling many types of insect pests; and 'v WHEREAS On May 13, 1975, the Huntsville City Council, by Resolution No. 75-18, resolved that a "Bird Sanctuary" be established within the city limits of Huntsville; and WHEREAS By way of this Resolution, the City of Huntsville resolved to do every- thing possible under existing Federal and State laws and City ordinances to protect the birds found within the City limits; and WHEREAS The City of Huntsville is a growing community with a record of progres- sive, environmentally conscious community development; and WHEREAS The Huntsville Audubon Society requests the City's recognition of a special week in February; NOW, THEREFORE, BE IT HEREBY PROCLAIMED, by the power vested in me as Mayor of the City of Huntsville, that the week of February 5-11, 1984 i,. be, and the same is hereby designated as "BIRD AWARENESS WEEK" in the City of Huntsville. Everyone is asked to become aware of the many species of birds found in Huntsville and to recognize their importance to our quality of life. PROCLAIMED AND SIGNED on this the 31st day of January, 1984. THE CITY OF HUNTSVILLE, TEXAS llilliam V. Nash, Mayor ,.r RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-20 Title: SEEKS PERMISSION TO SELL SIX ITEMS AT PUBLIC AUCTION IN BEAUMONT Date: 06-10-75 allowed for the contract. If underway as planned, he estimated completion to be by December, 1975. Mayor Waller stressed next time to have the bids correct--no changes can nor will be allowed after the bids are let. BIDS ON LIFT STATION FOR HUNTSVILLE HOUSING AUTHORITY City Manager, Jim McAlister, indicated bids were received on this job; however, the Huntsville Housing Authority requested additional time to consider their final action. He asked that the matter be delayed until word was received from the Huntsville Housing Authority. BIDS ON SLEEPY HOLLOW DRAINAGE PROJECT Jim McAlister indicated this project was a combined effort between the City and the Sleepy Hollow Develop- ment Company and although the bids had been received and discussed with Sleepy Hollow Development Company on this date, they have requested additional time to consider these bids. He recommended deferring action on this matter until a later date. CHANGE ORDER NO 14 ON SOUTH HUNTSVILLE SEWER PLANT The City Manager indicated this Change Order was to furnish $4,096 worth of necessary equipment to adequately equip the laboratory at the South Huntsville Sewer Plant. He indicated the City's portion would be $512.00 and the remainder would be paid by the Environmental Protection Agency grant. Councilman Dickens moved to accept Change Order 14 and Councilman McGlothen seconded the motion. All were in favor and the motion ' passed unanimously. RESOLUTION 75-20 AUTHORIZING CITY TO SELL SURPLUS PROPERTY IN BEAUMONT AUCTION Jim McAlister indicated most of the City's surplus equipment was sold in its own auction last year and that a minimum amount of equipment was now considered surplus, and not enough to attract enough bidders for a success- ful sale. He reported the City of Beaumont is to conduct an auction of surplus equipment and several other cities are joining in to add pieces of their own surplus equipment. He said Huntsville wishes to transport their surplus property (some six items) to Beaumont where a good price is expected because of the large number of bidders expected to turn out for the big auction. Mr. Hodge, Director of Public Works, recommends participating in the Beaumont auction. Councilman Davis moved to pass the Resolution and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. CONSIDER FUNDING FOR HEAP SUMMER PROGRAM, 1975 Mr. McAlister presented a memo from Mr. Gene Pipes, Director of Parks and Recreation, indicating the supervision of the HEAP Program was now under the direction of Mr. Pipes. The memo outlined the activities program and budget which revealed the 1975 program brought in $1,504.00 in fees and expended $3,124.25 in contract labor. The expenditure for the 1973 program was $4,652.35; the 1974 program was $5,130.65, and the 1975 program was $4,804.45. He said the estimated income for 1975 program is expected to be $2,254.45. He reported this leaves a deficit of $2,550.00 and exposed the need for council authorization to allocate $2,550.00 for the program this year. Mr. McAlister indicated the City's contribution last year was $3,000. He then asked the Council's authorization to fund the program in the amount of $2,550.00. !'nnnn;1.��., \Irl'.1 nrhnn mmraA -- i No file page RESOLUTION 75-21 WHEREAS, Section (B) (2) of Section 9-8, Chapter 9 of the Code of Ordinances of the City of Huntsville, Texas, provides that the Director of Public Works as authorized by the City Council shall have authority to cause the rejecting of processing or disposal of any material which would create a nuisance and affect the public health, safety and welfare in connection with the operation of the sanitary landfill operated by the City of Huntsville, Texas; and WHEREAS, it has been brought to the attention of the Director of Public Works that certain firms, corporations, or persons, have from time to time, dumped or otherwise discharged into the sanitary land fill waste substances derived from the cleaning or discharge of septic tank systems which practice is detrimental to the public health because of the nature of the substance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that the Director of Public Works hereafter prohibit any person, firm or corporation from discharging, dumping or otherwise using the sanitary land fill of the City of Huntsville for the purposes of the septic tank system waste material. WHEREUPON, said Resolution being duly made and seconded, the same was duly passed by unanimous vote on the _ _%'day of June, 1975. � �, MORRIS I. W LER, Mayor �--fZC H.`SHAW, City Secretary 2µ3 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 75-22 Land Sale RESOLUTION 75-22 WHEREAS, the City of Huntsville, Texas, is the owner of a certain tract or parcel of land located in Block 14 of the City of Huntsville, Texas, and also located in the P. Gray League in Walker County, Texas, a portion of which property is not utilized by the City and is not needed for public purposes and after due consideration by the City Council of the said City has been determined to be surplus property and by virtue thereof the said City Council has further determined that it would be in the best interest of said City and the public interest, to dispose of said real estate by public sale; and WHEREAS, Section 14.14 of the City Charter of the City of Huntsville, Texas, requires that no sale or lease of real estate shall be made without first advertising for bids by notice in the official newspaper of the City for two consecutive weeks which notice the City Council desires to publish. NOW, THEREFORE, be it RESOLVED by the City Council of the City of Huntsville, Texas, that said City Council has made a determination and finding that the following described real property is surplus property and that the public interest would best be served by the public sale of same after due notice as required by the Charter of said City. Said real property is described as follows: Being 3229 square feet of land, more or less, situated in Block 14 of the City of Huntsville, P. Gray League, Abstract No. 24, Walker County, Texas, and being out of and a part of the following two tracts of land. (1) that certain lot described in a deed from Harris G. Eastham, Jr. et al to the City of Huntsville dated December 21, 1965, and recorded in Vol. 197, Page 406, Deed Records, Walker County, Texas, and (2) that certain lot described as the "Second Tract" in a deed from Harris G. Eastham, Jr., et al to the City of Huntsville dated December 16, 1959, and recorded in Vol. 165, Page 380, Deed Records, Walker County, Texas, said 3229 square feet being more definitely described by metes and bounds as follows: BEGINNING at the most easterly northeast corner of said City of Huntsville lot described in said deed recorded in Vol. 197, Page 406, Deed Records, same being an ell corner of a 49,168 square foot tract described in a deed from Fred Aubrey Bobbitt to Haney- Canon dated February 25, 1975, and recorded in Vol. 276, Page 157, Deed Records, a 5/8" iron rod with aluminum cap for corner, 3.6 feet south of the most westerly south wall of the Piggly Wiggly grocery building, and from which an ell corner of said building brs. N 69° 55' E- 10.4 feet; THENCE S 89° 52' 54" W, with the common boundary of said City of Huntsville lot and said Haney-Canon property, 67.85 feet to the most westerly southwest corner of said Haney-Canon tract and an ell corner of said City of Huntsville lot, a 5/8" iron rod with alum- inum cap for corner from which the most westerly southwest corner of said Piggly Wiggly building brs. N 19° 19' E 3.6 feet and a cy- clone fence corner post (fence north and east)brs. S 76° 09' W 6.7 feet; THENCE S 00° 02' 31" W, at approximately 24.4 feet pass the south line of said City of Huntsville lot described in Vol. 197, Page 406, and the north line of said City of Huntsville lot described in Vol. 165, Page 380, a total distance of 47.51 feet to the south- west corner of the 3229 square feet herein described, a stake for corner; THENCE S 890 58' 36" E 67.86 feet to the most southerly west line of said Haney-Canon tract and the east line of said City of Hunts- ville lot described in Vol. 165, Page 380, a stake for the south- east corner of the 3229 square feet herein described; THENCE N 000 01' 22" E, with the most southerly west line of said Haney-Canon tract,, at approximately 23.3 feet pass the northeast corner of said City of Huntsville lot described in Vol. 165, Page 380, and the southeast corner of the said City of Huntsville lot described in Vol. 197, Page 406, a total distance of 47.67 feet to the Place of Beginning. BE IT FURTHER RESOLVED that the City Secretary of the City of Huntsville shall cause to be published for the time required by law in the Huntsville Item, the official newspaper of said City the following notice: Notice is hereby given that the City Council of the City of Huntsville, Texas, will receive sealed bids in the office of the City Secretary for the sale of real estate hereinafter de- scribed until o'clock, M. on the &rhday of 1975, at which time such bids shall be opened and puKlicly read. Said real estate is described in caption as follows: Being 3,229 square feet of land, more or less, situated in Block 14 of the City of Huntsville, P. Gray League, A-24, Walker County, Texas. A plat showing the location and exact dimensions of said real estate may be seen in the office of the City Secretary between the hours of 8:00 a.m. and 5:00 p.m Monday through Friday for pur- poses of a better description of the property. Each bid shall be in writing, signed, and accompanied by cashier's check or certified check in the amount of Ten (10%) per cent of the bid price, which sum shall be retained as earnest money by said City if such bid is accepted, applied to purchase price at consumation of said sale or forfeited if bidder thereafter fails to perform for any reason other than defects of title in City. Terms of such sale shall be cash and the City reserves the right to reject any and all bids. Bids received after the time and date stated above will be returned unopened. The City shall furnish a deed of conveyance and all other expense shall be borne by buyer. Consumation of sale shall be no later than ten (10) days after acceptance of bid. WHEREUPON, said Resolution was duly made, seconded and passed by unanimous vote on this the f,/77'-day of June, 1975. MORRIS I. WALLER, Mayor RUTH—De�HAW, City Secretary RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-23 Title: ADVERTISER FOR AMBULANCE BIDS Date: 07-08-75 1960 EDITION OF THE NATIONAL FIRE PREVENTION CODE PASSED BY THE-CITY-OF.HUNTSVILLE ON OCTOBER 3, 1961, AND PROVIDI.G FOR AN EFFECTIVE DATE. ?Iayor Waller asked Mr. Colley if he was familiar with the contents of the National Fire Prevention Code. Mr. Colley indicated he was not and that the Ordinance was prepared upon the recommendation of the Fire Marshal for the City of Huntsville. Mavor Waller indicated his belief that it would be appropriate, before the City enacts any type of legislation, that the con Cents be fully understood by the Administration. Mayor Waller asked that this Ordinance be deferred until the City Administration can bring forth a recommendation to adopt same. AUTHORI°E THE ISSUANCE OF CERTIFICATE 01: OBLIGATION FOR THE PURCHASE OF A NEW AIMBULANCE AND AUTHORIAL THE ADVERTISEMENT OF BIDS FOR THE PURCHASE OF SA:IE Martin Colley then read the Resolution (75-23) au.horizing the advertisement for bids; the caption of which reads as follows: RESOLUTION AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR EMERGENCY VEHICLE FOR USE AS AMBULANCE AND PRESCRIBING THE FORA OF NOTICE, STATING THE INTENT TO PURCHASE SAME BY THE ISSUANCE- OF CERTIFICATE OF OBLIGATION, PRESCRIBING NOTICE OF SUCH INTENT TO BE PUBLISHED. If passed, Mr. Colley indicated the notice to bidders would be published July 11 and July 18 and that bids would be opened on July 29 at a formal meeting of the City Council. Fie indicated notice of this formal meeting would also be published in the paper on July 11. This notice to read as follows: The City Council of the City of Huntsville, Texas, hereby gives notice in accordance with Section 8(b), article 2368a.1, Revised Civil Statutes of Texas, that at the Regular Meeting of the City Council of the City of Huntsville, Texas, on July 29, 1975, the said City Council intends to authorize the issuance of a Certificate of Obligation of the City of Huntsville, Texas, in the maximum amount of $25,000.00, for the purpose of acquiring an emergency ambulance vehicle. Such Certificate of Obligation shall be paid from general tax revenues during the term of same. Mayor Waller said this is in keeping with the City's policy to purchase depreciable, large capital items that are necessary, through the use of Certificates of Obligation, and thereby amortizing the cost of that capital item over the useful life of the item. He said the City and County, in accordance with a plan that is being worked out, are turning the ambulance service over to the Huntsville Memorial Hospital for their management. The City and County, he said, will each furnish one ambulance to the Hospital for their management of the ambulance service. He said the City and County would pick up the deficit. He felt this to be a better fiscal arrangement than that which presently exists. Mayor Waller indicated a meeting of the City Council would be held at 4:00 P.M., July 29, 1975, for the purpose of awarding the bid for the modular type ambulance. Councilman Parker moved to authorize the advertise- ment of bids and to carry out the procedures as recommended. Councilman Davis seconded the motion. All were in favor and the motion passed unanimously. ADMINISTRATIVE REPORTS--J. H. McALISTER RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-24 Title: ACCEPTS HANEY-CANON BID ON CITY LAND Date: 07-15-75 4) Furnishings contract to Stationers, Inc. (includes tables taken from architectural contract in the amount of $1,697.08) . . . . . . . . . . . $ 93,951.86 T 0 T_A L . . . . . . . $636,320.86 P L U S 5) Unknown carpeting costs (between $13,500 and $15,000) . . . . . . . . . . . . . . . . . . . . . . . $ 15,000.00 (high estimate) Approximate Total . . . . . . . . . . . . . . . . . . . . . . . . . . . $651,320.86 Calendar Days for Completion of Building Construction--250 Days Councilman Moore noted that Mr. Nash's building construction bid indicated 250 calendar days for completion. He asked when this time would begin. Mr. Nash answered hesitantly, approximately 45 days; however, he could not say this with certainty because two contractors will be working on the site whose duties intermingle and overlap each other. He..said a time factor cannot be tied down firmly. Mayor Waller indicated this was understood. Mr. Nash indicated usually the calendar days begin upon the award of the contract, but in this particular case, the site not being ready to be turned over to him, the days cannot start on award date, but when the joint drainage and site work is completed. It was agreed, after much discussion, that the work be done as expeditiously as possible. Mayor Waller indicated he felt it was quite clear that the City Councilmen had taken a major step today for the City of Huntsville. BUSINESS OF THE CITY ATTORNEY--M. D. COLLEY Sale of Land (Behind Public Library and Adjacent to the Police Station) Martin Colley indicated bids had been advertised for the sale of some 3229 square feet of land in Block 14 on June 27 and July 4 located adjacent to the Police Station and behind the Public Library. He said only one bid was received by the bid opening date of July 11 and it was from Haney-Canon Investments. The amount was $10,001, and a Cashier's Check in the amount of $1,000.10, or 10 percent, was enclosed. Mr. Colley indicated if it is the pleasure of the Council to award the bid to Haney-Caron Investments, he had prepared a Resolution authorizing the preparation of the necessary paperwork and legal documents. Councilman Corley moved to award the bid to Haney- Canon and Councilwoman Rogers seconded the motion All were in favor and the motion passed unanimously to accept the bid in the amount of: $10,001.00. Resolution No. 75-25 Mr. Colley then read the Resolution which authorized the execution of the proper deed of conveyance, etc. Councilman Corley moved to accept the Resolution as read and Councilman Dickers seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller reiterated that the proceeds from this sale were to be used toward the purchase price of the Wilson property on the corner behind the Police Station on Avenue M and 13th Street which is for sale at a price Of $25,000 and which purchase will allow the future expansion of the Police Station. _ RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-25 Title: CITY FOR IN-SERVICE TRAINING PROGRAM Date: 08-26-75 4) Furnishings contract to Stationers, Inc. T Vv (includes tables taken from architectural tf contract in the amount of $1,697.08) . . . . . . . . . . . $ 93,951.86 T 0 T A L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $636,320.86 P L U S S) Unknown carpeting costs (between $13,500 and $15,000) . . . . . . . . . . . . . . . . . . . . . . . $ 15,000.00 (high estimate) Approximate Total . . . . . . . . . . . . . . . . . . . . . . . . . . . $651,320.86 Calendar Days for Completion of Building Construction--250 Days Councilman Moore noted that Mr. Nash's building construction bid indicated 250 calendar days for completion. He asked when this time would begin. Mr. Nash answered hesitantly, approximately 45 days; however, he could not say this with certainty because two contractors will be working on the site whose duties intermingle and overlap each other. He-said a time factor cannot be tied down firmly. Mayor Waller indicated this was understood. Mr. Nash indicated usually the calendar days begin upon the award of the contract, but in this particular case, the site not being ready to be turned over to him, the days cannot start on award date, but when the joint drainage and site work is completed. It was agreed, after much discussion, that the work be done as expeditiously as possible. Mayor Waller indicated he felt it was quite clear that the City Councilmen had taken a major step today for the City of Huntsville. BUSINESS OF THE CITY ATTORNEY--M. D. COLLEY Sale of Land (Behind Public Library and Adjacent to the Police Station) Martin Colley indicated bids had been advertised for the sale of some 33229 square feet of land in Block 14 on June 27 and July 4 located adjacent to the Police Station and behind the Public Library. He said only one bid was received by the bid opening date of July 11 and it was from Haney-Canon Investments. The amount was $10,001, and a Cashier's Check in the amount of $1,000.10, or 10 percent, was enclosed. Mr. Colley indicated if it is the pleasure of the Council to award the bid to Haney-Canon Investments, he had prepared a Resolution authorizing the preparation of the necessary paperwork and legal documents. Councilman Corley moved to award the bid to Haney- Canon and Councilwoman Rogers seconded the motion. All were in favor and the Ttion passed unanimously to accept The bio in the amount of. 510,001.00. Resolution No. 75-25 Mr. Colley then read the Resolution which authorized the execution of the proper deed of conveyance, etc. Councilman Corley moved to accept the Resolution as read and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller reiterated that the proceeds from this sale were to be used toward the purchase price of the Wilson property on the corner behind the Police Station on Avenue D1 and 13th Street which is for sale at a price of $25,000 and which purchase will allow the future expansion of the Police Station. Authorization by Council for City to Purchase !Vilson Property Mayor Waller indicated the Wilson property at 13th Street and Avenue 14 was available for sale at a cost of $25,000. He indicated the total cost would be decreased by the sale of the above mentioned City property by an amount of $10,001. The remaining $15,000, lie said, would be paid by note over a 15-year period. He asked the Council's approval to purchase this property. Councilman Parker moved to purchase the land to allow for the future expansion of the Police Station and Councilman McGlothen seconded the motion. All were in favor and the motion passed for a total expenditure of• $25,000. Mr. Colley was instructed to prepare an Ordinance accepting same. ADMINISTRATIVE REPORTS--J. H. MCALISTER Solicitation Permit--Public Health Needs Survey--SHSU Dr. E. Larry Dickens, Councilman, requested a solicitor's permit for students of Dr. Cady's Health-Education Class (two graduate students and 15 undergraduates) to conduct a survey within the City to determine information regarding public health needs. Dr. Cady proposed that the survey information be provided to the Quality of Life Commission in the event some data collected would be useful to the Commission's project. This proposal was made before the Quality of Life Commission and they unanimously support the idea and recommend that the solicitor's permit be granted. The survey will be a random sampling of residents of each of the four wards, reported Dr. Dickens. Mayor Waller asked for the Council's motion and Councilman Davis moved to grant the permit and Council- man McGlothen seconded the motion. .all were in favor and the motion passed unanimously. Curb-Side Paper Bag Collection System for Garbage Jim McAlister, City Manager, presented a memo from the Director of Public Works, Mr. Jerry Hodge, in which he proposed testing the curb-side paper bag collection system in Huntsville through the use of a donated demonstrator machine (for the duration of the test) to pick up the bags and a donated supply of 60 paper bags. The test area proposed was Forest Hills. After the test run is completed, a cost estimate comparison between the two systems, and a survey of resident reaction, its desirability and feasibility will be presented to the Council. Mayor Waller expressed his strong objection to front door garbage pickup as long as the City can afford to continue with the present system. He indicated when previously discussed, many objections were made known to him. He indicated it would not be feasible for older residents or handicapped people to carry their garbage out to the front curb. Mr. Hodge indicated special decals for these people would be placed on their front doors to indicate that their garbage will be picked up from behind the house, at the same costs. Mayor Waller asked that the whole system's financial picture, residential and commercial, be analyzed before any further action is taken. MAYOR'S REPORT--MORRIS I. {VALLER Authorization to Pay Dan Brown's Travel Expenses--Huntsville Memorial Hospital's Ambulance Program Manager RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-26 Title: CONSTRUCTION OF CITY HALL WITH NASH CONSTRUCTION COMPANY Date: 08-26-75 RECONSIDER GRISSOM REQUEST FOR SEWER LATERAL EXTENSION The discussion was again brought before the Council with some clarification from Mr. Wayne Kessler of the Engineering Department as to the distance of the Grissom property from the City limits and whether or not the City should extend the sewer lateral to the City limits and perhaps beyond to accommodate the Grissom's acquisi- tion of sewer service. Mayor Waller did not feel the City could provide sewer service to residents outside of the City limits when there are actual residents of the City at present who do not have sewer service. After much discussion by the Council, the matter was again deferred to the next work session for further consideration. EXECUTION OF CONTRACT FOR CONSTRUCTION OF CITY HALL WITH NASH CONSTRUCTION COMPANY Mr. Colley, City Attorney, read a Resolution accepting certain bids for construction of public improve- ments and for the purchase of interior furnishings for such improvements and authorizing the Mayor and City Secretary to execute appropriate contract. The Resolution formally and officially accepted the bid of Nash Construction Company, Inc. in the amount of $485,249 for construction of a City Hall for the City of Huntsville, Texas, and the bid of Stationers, Inc. in the amount of $93,951.86 for the interior furnishings for said City Hall. Councilman McGlothen moved to accept the Resolution as read and Councilman Amick seconded the motion.. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE AUTHORIZING ISSUANCE OF CERTIFICATES OF �l OBLIGATION FOR CITY HALL IMPROVEMENTS (IF NECESSARY) Martin Colley, City Attorney, was asked to explain this Ordinance. He indicated this ordinance merely authorized the issuance of certificates of obligation of un to 5250,000, if needed. He said this is .in excess of the amount that may be needed for City Hall improvements. The actual issuance of certificates is deferred by this ordinance until such time as the amounts are determined or needed, at which time another (supplemental) ordinance would be required and would have to be authorized by the City Council. He then read the caption: Ordinance No. 75-15 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE ISSUANCE OF A SERIES OF CITY OF HUNTSVILLE, TEXAS PUBLIC IMPROVEMENT CERTIFICATES OF OBLIGATION TO BE DATED AND ISSUED I%HEN APPROVED AS TC AMOUNT AND INTEREST BY SUPPLE- MENTAL ORDINANCE IN AN 211'OUNT OR AMOL74TS NOT TO EXCEED $250,000, DESCRIBING THE FORD? OF CERTIFICATg AND THE FORM OF ENDORSEMENT TO APPEAR THEREON, LEVYING A CONTINUING, DIRECT ANNUAL AD VALOREM TAX ON TAXABLE PROPERTY WITHIN THE SAID LIMITS OF THE CITY TO PAY THE INTEREST THEREON AND TO CREATE A SINKING FUND FOR REDEMPTION THEREOF, WHICH LEVY TO BE IN SAID SUPPLEMENTAL-ORDINANCE AND PROVIDING FOR THE ASSESSI4ENT AND COLLECTION OF SUCH TAXES AFTER SUCH LEVY, AND IN ENACTING PROVISIONS INCIDENT RELATING TO THE PURPOSE AND SUBJECT OF TH_r ORDINANCE. RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-27 Title: ACCEPTS TRA CONTRACT Date: 09-09-75 i/b percent. It the City ;vent to market with these bonds, chances are the rate would be upwards from 7 percent. 3. There is a Lake Livingston Reservoir--though far enough away, the City is at an advantage to be within access of Mr. Colley, City Attorney, indicated the City was paying the standbv rate for outer at around 3C, but the actual cost for treated water is the cost of running the plant itself. Mr. Sparks said the actual cost would be closer to 35-70C per 1000 gallons, treated, and delivered to Huntsville to the water taps. Mayor Waller thanked Mr. Colley, Mr. Sparks, Mr. Janning of TRA, and Mr. Wolfe of First Southwest for their diligent efforts in this negotiation. Councilman Dickens asked about the possibility of selling fertilizer from the new North Huntsville Sewer Plant as a means of producing revenues with which to help meet the City's debt service requirement. Mr. Sparks indicated this is a possibility, however, the costs for adequately producing this fertilizer are almost prohibi- tive and a market had to be guaranteed. He said the City of Houston spends three times more to produce the fertilizer than they can sell it for; however, it is still less expensive to produce fertilizer and sell it than it would be for the City to dispose of it in a landfill operation. The Citv of Huntsville, he said, would not have a large enough quantity to warrant such an operation and disposing of it in a landfill would be the most economical way at this time. Mayor Waller then asked the Council to consider the Resolution indicating substantial agreement with the four contracts. Mr. Colley said the City is a week or two behind schedule and that the draft package of contracts should be to the TWQB this month (September), and that 60-90 days are needed for them to review the total package. He said the City could receive official notice in early January of 1976. He then read the caption of the Resolution: RESOLUTION NO. 75-27 REGARDING PURCHASE OF RAW WATER, PURCHASE OF TREATED WATER, CONSTRUCTION OF TREATED WATER TRANS- PORTATION AND STORAGE FACILITIES AND ASSISTANCE IN FINANCING THE CONSTRUCTION OF SANITARY SEWERAGE FACILITIES FOR THE CITY OF HUNTSVILLE, TEXAS BY THE TRINITY RIVER AUTHORITY OF TEXAS. Councilman Davis moved to accept the Resolution agreeing to enter into the four contracts upon acceptance by the Authority and other agencies of the State of Texas. Councilman Corley seconded the motion. All were in favor and the motion passed. Ambulance Service Contract--Draft Copy Mr. Martin Colley indicated the contract recites that it is an agreement entered into by the County, City, and the Huntsville Memorial Hospital, and it provides that the City and County are recognizing their mutual obligation to provide for the health and welfare of the public by providing for emergency ambulance services. He said under provisions of the Interlocal Cooperation Act, the City and County wish to enter into a contract to create an Administrative Agency for management. He said this entity will be for the City and County to work through for funding purposes and that agency in turn can work with the hospital authority to furnish the services needed. He said the Agency will be called: The Huntsville-Walker County Emergency Medical Service. The Agency, said Mr. Colley, will be responsible for meeting the needs, employ personnel, maintain books of account, establish reasonable rates for rendering the service, institute billing and collection procedures, furnish regular accounting to the r;t., ani r,,..,,«.. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: �Id��xr�m L4- RESOLUTION NUMBER 75-28 A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PER- IOD OCTOBER 1, 1975 through SEPTEMBER 30, 1976, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SUCH BUDGET WHEREAS, The Charter of the City of Huntsville, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of Huntsville, Texas, prior to the beginning of the fiscal year of such City, and that a public hearing be held prior to the adoption of such budget; and, WHEREAS, the budget for the year October 1, 1975 through September 30, 1976, has heretofore been presented to the City Council and due deliberation had thereon, and a public hearing having been held as required by law and all comments and object- ions have been considered: NOW THEREFORE, BE IT RESOLVED BY THF CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT, the budget for the City of Huntsville, Texas, now before the said City Council for consideration, be, and the same is hereby adopted as the budget for said City for the period October 1, 1975 through September 30, 1976; BE IT FURTHER RESOLVED that the said City Council finds that all things requisite and necessary to the adoption of said budget have been performed as required by Charter or Statute. WHEREUPON said Resolution was duly made and seconded and upon vote, unanimously passed on this the qday of September, 1975. ATT THE CITY OF HUNTSVILLE,, TEXAS T�.'��` ��`'`,,"_' RUTH DESHAW, CITY SECRETARY MORRIS 2. WAILER, MAYOR ROVEDACOLLEY F R CITY ATTORNEY RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-29 Title: ACCEPTS AMBULANCE CONTRACT Date: 09-23-75 Resolution Declaring Public Necessity for Ambulance Service -- -- Martin Colley, City Attorney, told the Council that they had reviewed the proposed contracts in regular meeting for the joint City-County emergency medical service. their list form and 'began reviewinHe indicated he had the contracts in their finalized g them briefly. (See earlier review of contracts in September 9, 1975 Council Meeting Minutes.) It was noted that the Hospital has the right to withdraw from the contract upon a four month's notice; six month's notice had previously been discussed. Mr. Colley then. read the Resolution Council, the caption o which reads as follows: to the RESOLUTION 75-29 A RESOLUTION FINDING THAT A PUBLIC NECESSITY EXISTS IN THE INTEREST OF THE PUBLIC HEALTH AND WELFARE FOR FURNISHING OF AMBULANCE SERVICE TO THE PUBLIC AND AUTHORIZING THE EXECU- TION OF A CONTRACT BETWEEN THE CITY OF HUNTSVILLE, THE COmmISSIONER'S COURT OF WALKER COUNTY, AND HUNTSVILLE MEMORIAL HOSPI^_.3L, CREATING AN ADMINISTRATIVE AGENCY BY THE CITY OF HUNTSVILLE AND WALKER COUNTY, TExAS, TO BE KNOWN AS HUNTSVILLE-WALKER COUNTY EMERGENCY MEDICAL SERVICE, AND OTHERWISE PROVIDING FOR THE PAYMENT OF EXPENSES I14CIDENT THERETO. Councilman Moore moved to adopt the Resolution and Councilman Penick seconded the motion. All were in favor and the motion passed unanimously. ADMINISTRATIVE REPORTS--J. R. HUDGENS (ACTING CITY MANAGER) Status of Delinquent Tax Accounts Mr. Hudgens reported information from Mr. Bob Smith, City's Tax Assessor Collector, which indicated the delincuent tax levy for FY 1974-1975 is $62,923. He said of this levy, $17,675.59 has been collected as of August 31, leaving a balance due of $45,248.31. He reported the current tax levy for FY 1974-1975 is $597,555.19 of which the City has received $559,623.88 in payments, leaving a balance due the Citv of $37,931.31. Mr. Hudgens said diligent efforts are being made to collect taxes through the City's tax attorney and that suits are now awaiting trial against 19 accounts. Status of Water and Sewer Bond Fund Mr. Hudgens indicated when we started into the Water Bond Improvement Fund, Mr. Wayne Kessler was retained as our civil engineer and $40,000 was set aside for his salary and supplies for the two years necessary to com- plete and administer the bond program. Mr. Hudgens indicated the total contract price on the water well was $210,749 and the total expended to date Is $149,174. He said the estimated completion price is the contract price of $210,749 (including the two dry 'well drill holes). The electrical contract, he said, which has not been let, is estimated to be $10,000 and the (site preparation, already expended and completed on the site, was $8,878. Mr. Hudgens said the water transmission ;line low bid received, but not awarded, is estimated to be $140,000. He indicated $9,666 has been expended to 'date on the Civil Engineer's salary and $2,097 on supplies. To date, in-house surveying and easements expenses !are $4,452. He said if the projected total costs of these projects develop as planned, with the $300,000 available jfrom the Water Improvement Bond Fund, the total projected expenditure will be $398,688, which will leave a No file page RESOLUTION NO. 74-29 WHEREAS, Chapter 17, Section 17-9 and 17-21 of the Code of Ordinances of the City of Huntsville, Texas, authorizes the City Council from time to time to establish rates for water and sewer service, respectively, furnished by the said City; and WHEREAS, the City of Huntsville has caused to be made an independent study on water and sewer rates by Wisenbaker, Fix and Associates, Consulting Engineers of Tyler, Texas, which firm has now recommended an increase in the water and sewer rates of the City of Huntsville and such recommendation having been fully considered by the said City Council and the said City Council having found that a necessity exists for the raising of such rates; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas that from and after January 1, 1975, rates for water service and sewage service rendered customers by the City of Huntsville shall be as follows: CUSTOMER BASE SEWER RATE BASE WATER RATE Residential and Commercial $4.50 $1.75 Texas Department of Corrections $ .29 $ .46 Sam Houston State University $ .29 $ .46 All service to customers residing out of the incorporated limits of said City shall be charged twice the rates above for customers within the incorporated limits of said City. BE IT FURTHER RESOLVED, that from and after September 1, 1975, rates for sewer service rendered the following customers by the City of Huntsville shall be as follows: CUSTOMER BASE SEWER RATE Texas Department of Corrections $ .48 Sam Houston State University $ .48 The Municipal Utility District under contract to the City for the furnishing of water will be charged rates specified for residential and commercial customers up to 250,000 gallons and the excess thereof shall be the same rate charged the Texas Department of Corrections as provided in the contract with the M.U.D. WHEREUPON, said Resolution having been duly made and seconded, same was passed by unanimous vote on this the 26th day of November, 1974. THE CITY OF HUNTSVILLE, TEXAS)J BY � - ATTEST:- Morris I. Waller, Mayor RUTH DeSHAW, City Secretary P ROVED AS TO FORM: artin D. Colley, CityAttorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 75-32 Water Charges Req.Deposit or Bonds 11-25-75 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 75-30 Municipal Judge Assignment RESOLUTION NO. 75-30 WHEREAS, the Charter of the City of Huntsville does provide in Section 10.02 of that document that, ". . . in the event the Judge of the Municipal Court is temporarily unable to act for any reason, a qualified person shall be appointed to act in his/her place' and, WHEREAS, Mrs. Betty Tackett is Municipal Clerk of the Court and has proven through her ability and training to be fully qualified to execute the duties of the position in the absence of the Judge, NOW THEREFORE, be it resolved that Mrs. Betty Tackett is hereby designated Assistant Court Judge of the Municipal Court of the City of Huntsville. PASSED AND APPROVED THIS THE 28th DAY OF OCTOBER, 1975. CITY OF HUNTSVILLE, TEXAS ( SEA L) B I �--1, 66 M'o'rris I. Waller, Mayor ATTEST: / �) Ruth DeShaw, City Secretary APPROVED AS TO FORM: AO Mar i D. Colley, City ATey RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 75-31 Title: CREATES NON-PROFIT ORGAN.FOR INDUST.DEV. Date: 10-28-75 Resolution No. 75-31 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, RELATING TO THE FORtMATION OF A NON-PROFIT CORPORATION TO ASSIST THE CITY OF HUNTSVILLE, TEXAS, BY THE PROMOTION OF INDUSTRIAL DEVELOPMENT, SUGGESTING THAT A NON-PROFIT CORPORATION BE FORMED AND RESOLVING OTHER MATTERS INCIDENT AND RELATING THERETO. WHEREAS, it appears to this governing body that a non-profit corporation should be formed to assist in the financing of industrial development projects., that the promotion and development of new and expanded industrial and manufacturing enterprises would be to the best interests of the City and its inhabitants, and that a non-profit corporation organized for the purposes aforemen- tioned would be in the interest of the general public and the same would serve a public purpose. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, Section One: Messers Boley O'Bannon, Don Moore and Chester Powell, are hereby requested to form and create a non-profit corporation to be known as the Industrial Develonment Council of East Texas, in order that such corporation may render financial and other assistance to the manufacturing and industrial development of the corporation, when created, render aid and financial assistance to manu- facturing and industrial enterprises situated or to be situated in the area of Huntsville, and induce the location-in said Citv and vicinity of other manufacturing and industrial establishments. Section Two: It is the purpose and intent of this Resolution to encourage the industrial development of the area but in no event should the same be accomplished through the expenditure of public funds under the custody or control of this governing body. The non-profit corporation, when formed, shall not be entitled to receive any funds of the City, raised or to be raised by taxation, nor shall such corporation receive any other revenues from any presently existing revenue sources of the City. Mr. Colley then opened the meeting for discussion of this Resolution. Councilman Dickens asked Mr. Colley if the City has an "out" from this arrangement should it be determined that some adverse effect, yet unknown, were to come about. Mr. Colley indicated this would be a "moot" point because the reason the City is involved to begin with is to get through the IRS and issue the bonds. He said once the bonds are issued, and the indentures are all signed, any adverse effect that he refers to would have already come about. The City has agreed to accept the property. He said the City could in some way reject the remainder interest that they would have, but he didn't feel this would be in the public interest when one has a grant that in X number of years the City is going to hold in fee a particular piece of property. Mr. Colley indicated the only adverse effect it could have is if it defaulted and the City is already involved, so to withdraw at that time would be "too late." , Mr. Colley said the City is not part of the corporation and the City would have nothing to do with disbanding the corporation. He.said perhaps the City could withdraw its support, but he asked "what effect would this have on bonds that were already issued?" He said if the city is the remainder man on the property and if the bonds are defaulted, and there is a foreclosure, they would cut off the remainder man (City) anyway. He said bond holders would be entitled to any proceeds and benefits. Once this corporation is created and "Off the ground," the City has nothing to do with it. Mr. Colley indicated it is impossible for the City to become involved in any financial way in this corporation the way the instruments are drawn--it simply can't be done, he said. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 75-32 Water Service Payment RESOLUTION NUMBER 75-32 A RESOLUTION AUTHORIZING DEPOSITS OR BONDS FOR SECURING PAYMENT OF WATER SERVICE CHARGES IN ACCORDANCE WITH CHAPTER 17, SECTION 17-12, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE WHEREAS, Section 17-12 of Chapter 17 of the Code of Ordinances of the City of Huntsville, Texas, states that the Manager of Utilities shall require from an applicant for Water Service a deposit or bond to secure payment of any service charges for water and that such deposits or bonds shall be in such amount as may from time to time be established by the City Council of the City of Huntsville, Texas; and, WHEREAS, it has been brought to the attention of the City Council of the City of Huntsville that often such deposit as is now required is inadequate for the purposes intended because of the time period in which customers may pay such water billings resulting in accumulated charges in excess of deposit before action is taken to discontinue service and enforce payment for such charges, all of which is detrimental to the financial requirement of the water and sewer funds and in the best interest of the general welfare of the City of Huntsville and its citizen requires that immediate action be taken to increase deposit or bonds required for water services in an amount commensurate with anticipated usage by the customer; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that; (1) Any person, firm or corporation applying for water service shall deposit with the City of Huntsville as security for the payment of future charges, a sum equal to one and one half times the average estimated monthly charge for the premises for which water services are requested. Past accounts from previous customers at the same location, or accounts of a comparable usage factor, may be used by the Manager of Utilities in arriving at the estimated monthly charge for determining the amount of deposit or bond. (2) Upon the sale or transfer of property, or change in customer or occupancy of any premises served by City Water Service, no water service shall be furnished to the new owner, customer, or occupant of such premises being served by Water Service unless and until such deposit as required by this Resolution is paid. Any person, firm or corporation who fails to notify the City of Huntsville of a change in ownership, title or occupancy of premises resulting in a different person or entity having responsibility for the payment of water charges shall be subject to immediate discontinuance of water service unless and until the previous customers account is finalized and the deposit called for herein is made. BE IT FURTHER RESOLVED that the emergency nature of the problem relating to unpaid water accounts due to insufficient deposits is such that the policy announced by this Resolution shall take effect from and after its passage. WHEREUPON said Resolution having been duly made and seconded, same was, by unanimous vote, passed in open council, on this the 25th day of November, 1975. THE CITY OF HUNTSVII/LLE�I MORRIS I. WALLER, MAYOR TTEST: RUTH DESHAW, CITY SECRETARY VED AS TO FOR MARTIN D. COLLEY CITY ATTORNEY RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 76-01 Sale of City Lands y. RESOLUTION NO. 76-1 A Resolution finding that certain property of the City of Huntsville is surplus to the needs of said City and authorizing the advertising of said property for sale to the highest bidder after publication of notice as required by law: WHEREAS, the CITY OF HUNTSVILLE, TEXAS, is the owner of several tracts or parcels of land some of which are no longer used and some of which will not be used in the future which parcels of land are specifically as follows: PARCEL NO. ONE: Land consisting of two tracts located in the P. Gray League and formerly used and known as public works site, which property is no longer needed in that all public works facilities have been relocated. PARCELS NO. TWO AND THREE: The properties presently occupied by administrative offices of the City of Huntsville and upon completion of the new City Hall Building such properties are to be vacated and not utilized. PARCEL NO. FOUR: Consisting of a now divided tract containing four tracts of: land of6, 2.0, 2.0, and 3.84 acres located between Texas Highway Department and MORGAS land on the southwest side of land owned by City in the Warren Birdsell Survey. Deemed surplus because of proximity to I.H. 45 and commercial value not warranting use by City for land-fill or other low-value uses. WHEREAS, The City Council of the City of Huntsville finds and determines that by virtue of the reasons stated, it should and would be in the best interest of the public to offer for sale such properties for a cash consideration; and, WHEREAS, Section 14.14 of the City Charter of the City of Huntsville, Texas, requires that no sale or lease of real estate shall be made without first advertising for bids by a notice in the official newspaper in the City for two consecutive weeks which notice the City Council desires to publish: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that said City Council has made a determination and finding that the following described real property is surplus property and that the public interest would be best served by the public sale of same after due notice as required by the Charter of said City. Said real property is described as follows: PARCEL 1\10. ONE: TRACT NO. ONE: Being out of and a part of the P. Gray League, Abstract No. 24, and within the corporate limits of the City of Huntsville, Texas, and being a part of a certain 1.07 acre tract which was conveyed by Gibbs Bros. and Company to Ben wall by deed dated April 27, 1931, and recorded in Vol. 69, Page 513, Deed Records of Walker County, Texas, the land herein conveyed being des- cribed by metes and bounds as follows: BEGINNING at a point on the South line of 12th Street 91.5 feet East of the NW cor of said 1.07 acre tract 200 feet to the North line of said 1.07 acre tract, an iron stake in old fence line for cor; THENCE E with the South line of said 1.07 acre tract 135 feet to the West line of Avenue F. stake for cor; THENCE North with the West line of Ave. F 200 feet to intersect the South line of 12th Street at the NE cor of Blk No. 132 in said City of Huntsville, stake for cor; THENCE West with the South line of 12th Street 135 feet to the place of BEGINNING and containing 46,600 square feet, more or less. PARCELN0, O�tE, �RAACT NO. T[ Bt —oE the P. Gray League, Abstract No. 24, in Walker County, Texas, and being also out of and a part of a tract of land containing 3-55/100 acres, more or less, situated within the corporate limits of the City of Huntsville, and at the intersection of Ave. F and 13th Street of the City of Huntsville, which tract of land was heretofore conveyed by A.T. Randolph, Trustee of the Estate of Luther Eastham, Jr. a bankrupt to W.H. Randolph by deed dated August 5, 1927, recorded in Book 61, Page 41,of the Deed Records of Walker County, the land hereby conveyed being more described by metes and bounds as follows: BEGINNING at a point in the East line of Ave. F, same being the West line of said 3-55/100 acre tract, 125 feet North of the intersection of said line with the North line of 13th street; THENCE North with the East line of Ave. F, 150 feet to stake for cor; THENCE East 100 feet to stake for cor; THENCE South 150 feet to stake for cor; THENCE West a distance of 100 feet to the place of BEGINNING and containing 15,000 square feet, more or less. PARCEL NO. TWO: Being part of Lot 15, Blk No. 5 according to the plan of the City of Huntsville and being the same land described in deed from the Huntsville National Bank to the City of Huntsville, dated February 23, 1957, and recorded in Vol. 155, Page 418 of the Deed Records of Walker County, Texas. ® e PARCEL NO. THREE Being a Lot 40' x 50' out of and a part of Lot No. 21, Blk. No. 7, according to map or plan of the City of Huntsville and being the same land described in a deed from Sam Justice to the City of Huntsville, dated December 28, 1928, and recorded in Vol. 63, page 453 of the Deed Records of Walker County, Texas PARCEL NO. FOUR TRAGI NO. ONE: Being 3.16 acres, more or less, out of and a part of the WARREN BIRDSELL SURVEY, A-6, and described as follows: Beginning at an iron rod for corner, same being the most southerly corner of the State of Texas tract described in Vol. 204, page 194, Walker County Deed Records; THENCE S 52° 20' E 276.20 feet along the north line of I.H. 45 to an iron rod for corner; THENCE N 37° 36'40" E 501.40 to an iron rod for corner, same being a southeast croner of the said State of Texas tract; THENCE N 52° 31' 07" W 275 feet to an iron rod for corner; THENCE S 37° 44' 55" W 500.50(feet to the place of beginning, and continaing 3 .16 acres of land, more or less. TRACT NO. TWO: Being 2.0 acres, more or less, out of and part of the BARREN BIFDSELL SURVEY, A-6, and described as follows: Beginning at an iron rod for corner same being on the north line of I.H. 45 S 52°20' E 412.42 feet from the southeast corner of the Morgas Tract described in Vol. 186, page 39, Walker County Deed Records THENCE S 52° 20' E 200 feet along the north line of I.H. 45 to an iron rod for corner; THNCE N 37° 39' 30" E 435.42 feet to an iron rod for corner; THENCE N 52°20W 200 feet to an iron rod for corner; THENCE S 37° 39' 30" W 435.42 feet to the place of beginning, and containing 2.0 acres of land, more or less TRACT NO. THREE Being 2.0 acrds, more or less, out of and part of the WARREN BIRDSELL SURVEY, A-6, and described as follows: Beinginning at an iron rod for corner, same being on the north line of I.H. 45 S 52°20' E 212.42 feet from the southeast corner of the Morgas tract described in Vol. 186, page 39, Walker County Deed Recrods. THENCE S 52°20' E 200 feet with north line of I.H. 45 to an iron rod for corner; ® • THENCE N 37° 39' 30" E 435.42 to an iron rod for corner; THENCE N 52120' W 200 feet to an iron rod for corner; ' THENCE S 37°39'30" W 435.42 feet to the place of beginning and containing 2.0 acres of land, more or less. TRACT NUMBER FOUR: BEING 3.84 acres of land,more or less, out of and a part of the 1,MRREN BIRDSELL SURVEY, A-6, and described as follows: BEGINNING at an iron rod for corner, same being the southeast corner of the Morgas tract described in Vol. 186, page 39, Walker County Deed Records, said iron rod being on the north line of I.H. 45; THENCE S 52°20' E 211.62 feet along north line of I.H.45 to an iron rod for corner; THENCE N 3739'30" E 435.42 feet to an iron rod for corner; THENCE N 52°20' W 556.40 feet to an iron rod for corner, said iron rod being on the East line of said Morgas tract; THEENCE S 0° 42'30" E 555.47 feet to the place of beginning, and containing 3.84 acres of land, more or less. BE IT FURTHER RESOLVED that the sale of Parcel Two and Three shall be conditioned upon delayed possession to the successful purchaser until on or about September 1, 1976. BE IT FURTHER RESOLVED THAT THE CITY SECRETARY OF THE CITY OF HUNTSVIT.T.F. shall cause to be published for the time and in the manner required by law, and for such other time as may be deemed necessary, in the Huntsville Item the official newspaper of the said City the following official notice and any other notices deemed proper: Notice is Hereby given that the City Council of the City of Huntsville, Texas will receive sealed bids in the office of the City Secretary,1027 11th Street, Huntsville, Texas, for the sale of real estate hereinafter described until 10:00 o'clock A.M. on the 10th day of March, 1976, at which time such bids shall be opened and publicly read. Minimum bids on parcels of real estate and tracts within described parcels are as follows: Parcel One, Tract One - $13,000.00 Parcel One, Tract Two - $8,000.00 Parcel Two $30,000.00 Parcel Three $27,500.00 Parcel Four,Tract One $39;000.00 Parcel Four, Tract Two $24,000.00 Parcel Four ,Tract Three$24,000.00 Parcel Four, Tract Four $38,000.00 Bids may be made for each parcel of real estate or for tracts within parcels, at the election of the bidder. Formal acceptance of bids will be made at the meeting of the City Council of said City next accruing after the opening of bids. The City reserves the right to reject any and al bids and to waive any irregularities in bids. Each bid shall be in writing, signed and accompanied by a Cashier's Check. or Certified Check in the amount of 10% of the bid price, which sun shall be retained as Earnest Money by said City if such bid is accepted, applied to pur- chase price at consumation of said sale or forfeited if bidder thereafter fails to perform for any reason other than defects of title in City. Terms of such sale shall be cash. Bids received after the time and date stated above for opening will be returned unopened. The City shall furnish a Deed of Conveyance and all other expenses shall be borne by buyer. A plat of each parcel and tract of real estate may be seen in the office of the City Secretary during normal business hours, and the properties may be inspected by prospective bidders at any time during normal business hours. Consumation of the sale as to Parcels Ttno and Three shall be sixty (60) days after acceptance of bids, with possession on or about September 1, 1976. After consumation of sale, City agrees to pay the sun of $350.00 per month each for the continued possession or occupancy of such parcels and the improvements situated thereon until possession is delivered. Consumation of the sale of other parcels and tracts shall be ten (10) days after acceptance of bids and possession immediately Such Real Estate is described as follows: PARCEL NO. ONE: TRACT NO. ONE: Being out of and a part of the P. Gray League, Abstract No. 24, and within the corporate limits of the City of Huntsville, Texas, and being a part of a certain 1.07 acre tract which was conveyed by Gibbs Bros. and Company to Ben Small by Deed dated April 27, 1931, and recorded in Vol. 69, page 513, Deed Records of walker Coutny, Texas, and being described by motes and bounds as follows: BEGINNING at a point on the South line of 12th Street 91.5 feet East of the NW cor of said 1.07 acre tract 200 feet to the North line of said 1.07 acre tract, an iron stake in old fence line for cor; THENCE E with the South line of said 1.07 acre tract 135 feet to the West line of Avenue F. stake for cor; THENCE North with the West line of Ave. F 200 feet to intersect the South line of 12th Street at the NE cor of Blk No. 132 in said City of Huntsville, stake for cor; THENCE West with the South line of 12th Street 135 feet to the place of BEGINNING and containing 46,600 square feet, more or less. PEAR,CELN0. T-E, T#T9 tTt� the P. Gray League, Abstract No. 24, in Walker County, Texas, and being also out of and a part of a tract of land containing 3-55/100 acres, more or less, situated within the corporate limits of the City of Huntsville, and at the intersection of Ave. F and 13th Street of the City of Huntsville, which tract of land was heretofore conveyed by A.T. Randolph, Trustee of the Estate of Luther Eastham, Jr. a bankrupt to W.H. Randolph by deed dated August 5, 1927, recorded in Book 61, Page 41,of the Deed Records of Walker County, the land hereby conveyed being more described by metes and bounds as follows: BEGINNING at a point in the East line of Ave. F, same being the West line of said 3-55/100 acre tract, 125 feet North of the intersection of said line with the North line of 13th street; THENCE North with the East line of Ave. F, 150 feet to stake for cor; THENCE East 100 feet to stake for cor; THENCE South 150 feet to stake for cor; THENCE West a distance of 100 feet to the place of BEGINNING and containing 15,000 square feet, more or less. PARCEL NO. TWO: Being part of Lot 15, Blk No. 5 according to the plan of the City of Huntsville and being the same land described in deed from the Huntsville National Bank to the City of Huntsville, dated February 23, 1957, and recorded in Vol. 155, Page 418 of the Deed Records of Walker County, Texas. PARCEL NO. THREE Being a Lot 40' x 50' out of and a part of Lot No. 21, B1k. No. 7, according to map or plan of the City of Huntsville and being the same land described in a deed frau Sam Justice to the City of Huntsville, dated December. 28, 1928, and recorded in Vol. 63, page 453 of the Deed Records of Walker County, Texas PARCEL NO. FOUR TRACT NO. ONE: Being 3.16 acres, more or less, out of and a part of the WARREN BIRDSELL SURVEY, A-6, and described as follows: Beginning at an iron rod for corner, same being the most southerly corner of the State of Texas tract described in Vol. 204, page 194, Walker County Deed Records; THENCE S 52° 20' E 276.20 feet along the north line of I.H. 45 to an iron rod for corner; THENCE N 37° 36140" E 501.40 to an iron rod for corner, same being a southeast corner of the said State of Texas tract; THENCE N 52° 31' 07" W 275 feet to an iron rod for corner; THENCE S 37* 44' 55" W 500.50,feet to the place of beginning, and.continaing 3 .16 acres of land, more or less. TRACT N0. 7%D: Being 2.0 acres, more or less, out of and part of the WARREN BIRDSELL SURVEY, A-6, and described as follows: Beginning at an iron rod for corner same being on the north line of I.H. 45 S 52°20' E 412.42 feet from the southeast corner of the Morgas Tract described in Vol. 186, page 39, Walker County Deed Records THENCE S 52° 20' E 200 feet along the north line of I.H. 45 to an iron rad for corner; THNCE N 37' 39' 30" E 435.42 feet to an iron rod for corner; THENCE N 52°20W 200 feet to an iron rod for corner; THENCE S 37° 39' 30" W 435.42 feet to the place of beginning, and containing 2.0 acres of land, more or less TRACT NO. THREE Being 2.0 acrds, more or less, out of and part of the WARREN BIRDSELL SURVEY, A-6, and described as follows: Beinginning at an iron rod for corner, same being on the north line of I.H. 45 S 52120' E 212.42 feet from the southeast corner of the Morgas tract described in Vol. 186, page 39, Walker County Deed Recrods. THENCE S 52120' E 200 feet with north line of I.H. 45 to an iron rod for corner; • • TIZNCE N 37° 39' 30" E 435.42 to an:iron rod £or corner; MirrrACE N 52120' W 200 feet to an iron rod for corner;, THENCE S 37°39'30".W 435.42 feet to the place of be4ji-uzing and containing 2.0 acres of land, more or less. TRACT NIM'BER FOUR: BEING 3.84 acres of land,more or less, out of and a part of the MUMN BIRD-17-T-1 SURVEY, A-6, and described as follows: BEGTi�VM at an iron rad for corner, same being the southeast corner of the Morgas tract described in Vol. 186, page 39, Walker County Deed Records, said iron rod being on the north line of I.H. 45; TBENCE S 52°20' E 211.62 feet along north line of I.H.45 to an iron rod for corner; THENCE N 37039130" E 435.42 feet to an iron rod for corner; THENCE N 52°20' W 556.40 feet to an iron rod for corner, said iron rod being on the East line of said Morgas tract; TfEEW-E S 0° 42130" E 555.47 feet to the.place of beginning, and containing 3.84 acres of land, more or less. MUUTUPON, Said Resolution was duly made, seconded4and passed:by unJ... vote on this the 29th day of January, 1976. i A THE CITY OF HUNTSVIME, TEXAS/ Morris I. Waller, Mayor_ Attest: � Ruth DeShaw,/City ecretttaary 4 y PVE AS TD FO ---- Martin D. Colley, ° City Attorney RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 76-02 Title: NORTH HUNTSVILLE SEWER PLANT GRANT Date: 02-10-76 dam Cicy Manager, j.im :.c._iacar, _ncicacea ,.el.e George Baisdon and has worked out the terms and arrangements for the fill material and leveling improvements _ for the field for the sum of $1,000 even. Hr. McAlister indicated these funds should be allocated by Council action from the Parks and Recreation Revenue Sharing allotments. Councilman Corley moved to accept this proposal and to allocate the $1,000 from Revenue Sharing as stated and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. CCNSIDER LETTER OF ENGAGEMENT FF.Cid THE HEREFORD, LYNCH AND C0MPANY AUDITING FIRM FOR THE 1975-1976 AUDIT Jim McAlister indicated rhe service would be twofold: 1) a monthly accounting service by computer print- out that will give us status reports of each of our funds each :month, for $300 Der month; and 2) the annual audit at the close of this fiscal year, which will end September 30, 1976, for $10,000, or possibly less decerd- ing on time required. He stated if this "letter of engagement" were accepted, it would commission Hereford, Lynch and Company as the City's auditors for the coming year. He indicated the accounting service would be effective January 1, 1976. Councilman Corlev moved to accept the proposal for accounting services and the annual audit as per the letter of engagement and Councilman Davis seconded the motion. All were in favor and the motion _passed unanimously. CONSIDER COST AND IMPLEMENTATION OF THE AOUADENE WATER TREATMENT PROCESS Mayor 'Nal'_er informed the Council that Mr. McAlister, City Manager, has requested a little more time to gather some additional data concerning this process and the subject would be brought up again in a meeting in the immediate future. RESOLUTION ON NORTH HUNTSVILLE SEVIER PLANT GRANT Jim McAlister, City Manager, then presented Resolution 76-2 to the Council which amounted to an update to the Texas [Pater Quality Board on the plans and development of the new North Huntsville Sewer Plant study-- the design phase of that plant, as a result of the additional work required through the infiltration/inflow analysis. The Resolution described the project (time) schedule and was prepared by the consulting engineering firm of Wisenbaker, Fix and Associates of Tyler, Texas. Councilman Dickens moved to adopt the Resolution as written and Councilman Parker seconded the motion. The motion passed unanimously as all were in favor. CONSIDER CHANGE ORDER ON SOUTH HUNTSVILLE SEWER PROJECT Mr. Glenn Isbell of Davidson Engineering indicated the change order was to amend the contract agreement -- dated January 14, 1976 between the City of Huntsville and W. P. Contractors, Inc. to include repairing leaks RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 76-03 Title: ARTWORK FOR NEW CITY HALL-CH REJECTED Date: 02-10-76 in the manholes, lead sealing the manholes, and replacing broken rings on the manholes in question, followed by clean up on the easement. He indicated this change order was justified in that it was to complete :cork left uncompleted by Maryland American General Insurance Comeanv. Total cost effect: $7,530.00. Councilman %!core moved to adopt change order 1A on EPA Project No. WPC-Tex-907 and Councilman Dickens seconded the motion. All were in favor and the motion, passed unanimously. RESOLUTION AUTHORI22idG 51,900 FOR THE ACQUISITION I OF ARV OR.K FOR THE NE,!CITY HALL THROUGH THE ART CONTEST PROCESS Mayor Waller asked that this item be deferred for further study. ADMINISTRATIVE REPORTS--J. H. McALTSTER Reverend I. G. Johnson's Request for a Road Mr. '-IcAlister informed the Council that the City would be in touch with Mr. Johnson about his request for a road off of 7th Street. He said the concensus of the Council was that as soon as Reverend Johnson begins building his church, the City will commit funds for that road at the outset of that project, as a joint venture. MAYOR'S REPORT--mO.RRIS I. WALLER Executive Session Mayor i9aller then asked the Council to remain for a brief executive session to discuss legal, real estate, and personnel matters. ADJOURINMENT There being no further business of the City Council, the meeting then adjourned. Respectfully submitted, Rut 'Qhaw,/City Secretary February 10, 1976 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: Fir dl�ru S r h y RESOLUTION NO. 76-5 WHEREAS adequate housing is a necessary ingredient to the maintenance of the standard of living in this country; and WHEREAS it is important that every human being have access to adequate housing of his/her choice; and WHEREAS it is beneficial to the social and economic welfare of the entire City that every person have access to adequate housing; and WHEREAS the City Council of the City of Huntsville recognizes the problems facing the citizens of Huntsville, Texas, in obtaining access to adequate housing; and WHEREAS the law of the land is that no citizen can be denied access to housing of his/her choice because of race, color, religion, or national origin; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that this City Council endorses and supports the principle of fair and open housing; as set forth in Title VIII of the Civil Rights Act of 1968 (PL 9084) as amended and the right of every person to have access to adequate housing of his/her own choice without regard to race, color, religion, or national origin; and BE IT FURTHER RESOLVED that this City Council encourages all citizens to respect and support!�Iaw of the land in regard to the right of every person to have access to adequate housing of his own choice; and THAT all citizens undertake voluntary actions to foster racial harmony, including individual and group decisions to promote fair and open housing and individual commitment to avoid discrimination in all sale, all rental of property; and THAT the City Council will cooperate with the local housing authorities and nonprofit and limited dividend developers to provide low and moderate income housing within the City, and such development will have the full cooperation of the City Administration in determining locations and sites that met HUD Criteria to the end that such housing will not be limited to any given area of the City and will be available to all citizens without regard to race, creed, color, religion or national origin; THAT the City will assist in promoting an affirmative action and advertising programs so that all housing will be made available to all citizens. Any board or group dealing with housing and appointed or licensed by the City will be directed to carry out the provisions of the Fair Housing Act of 1968. THAT the City agrees to the establishment of an adequate housing program including both low-rent public housing and subsidized housing; THAT the City will inform the local housing authority, realitors and other agencies, and to the greatest extent possible mortgage lenders and general public of the existence and implications of its adopted open housing resolution; THAT the City develop policies that will help make a selection of land and/or sites available so that housing costs will remain at a reasonable level, particularly for low and moderate income families; THAT the City will encourage local newspapers and owners of housing to comply with the HUD Advertising Guidelines; THAT the City will maintain cooperation with fair housing groups, human relations bodies and other social, civic and religious groups interested in facilitating open communities; THAT the City will assist in the development of educational programs on equal housing opportunity, informing the real estate industry of their responsibilities under Federal law, encouraging minority citizens to exercise their rights under law, providing general human relations education and stating the Mayor's commit- ment to fostering fair housing and defending the civil rights of all citizens; THAT the City will assist in the development of a program or programs to inform citizens of their rights under Federal Civil Rights Laws and provide support in the filing of complaints under these laws. O f%l APPROVED this the �'/ day of June, 1976. FOR THE CITY O,FF_HUUN'TSVILLE, T�EXAA�S/�/� S E A L BY:L%%L!%` �' �• "�VGeG(G5�— Morris I. Haller, Mayor ATTEST: ututlLDeShaw, City Secretary RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 76-06 Title: NOTE FOR$69,070 FOR 59 DAYS-MOORE CONTRACT Date: 07-20-76 CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor [Waller then presented the minutes of the meeting of June 29, 1976 to the Council for,their consid- eration and approval. Councilman Corley moved to accept the minutes as written and Councilman Amick seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ADOPTING THE REVISED WRECKER ORDINANCE Pdayor Waller then presented the Wrecker Ordinance to the City Council for their final consideration. After some discussion of the ordinance, Councilman Parker made the motion to adopt the ordinance as presented. Mayor Waller suggested deleting the axe from the required equipment. His suggestion died for lack of support. Coun- cilman Amick seconded Councilman Parker's motion. All were in favor and the motion passed unanimously. Council- man Amick requested that the effectiveness of the Ordinance be brought up for review in six months. All were in favor of this six month review and the City?tanager was directed to note this on his calendar for January of 1977. (Ordinance No. 76-10) CONSIDER A RESOLUTION TO ACQUIRE A 59 DAY NOTE FOR $69,070 FOR INTERIM FUNDING OF SOUTH PLANT LINES--MOORE CONTRACT Jim McAlister, City Manager, said at this time $86,170 was due Moore Construction Company for the work that has been completed to date; although there are still some pending change orders, the work is substantially_ complete. The engineer recommends payment to Moore Construction Companv. However, Mr. McAlister said, the Federal government has not yet passed through our share of the retainage they are holding which is our money, so this will be an interim loan which will allow us to pay the contractor until: a) the Federal government pays us the retainage they're holding, or (b) in approximately 59 days a certificate of deposit will mature and we will have sufficient funds at that time to pay off this note. McAlister noted total expenditure to date was $1,164,791 and paid to date is $1,075,538. Amount presently held in retainage, he said, is $86,170. He said two change orders are pending which will allow for the instal- lation of the flow measuring devices on the lines, to cost approximately $29,600. He said the liquidated damages which could be applied to the contract is in the amount of $17,500±. He said $30,000 was paid to Mr. Moore on July 9 and he recommended paying an additional $39,070. He indicated the amount which needs to be borrowed then is the amount already paid ($30,000), plus the $39,070 being recommended for payment, for a total of $69,070, borrowed at the rate of 5.49 percent, the low bid from First National Bank. Although he was not recommending invoking the liquidated damages, he asked that it should be retained until the contract is com- pleted and then the Council can make a determination at that time. It was noted the first $30,000 paid Moore was done so via an interfund loan and the note would include this amount to reimburse the fund from which it was borrowed. Councilman Davis moved to authorize the Mayor to execute a note in the amount of $69,070 to be payable in 59 days from proceeds of a certificate of deposit maturing at that time or from payment of the final retainage by the Environmental Protection Agency on the South Huntsville Sewer Project. Councilman Moore seconded the the motion. All were in favor and the motion passed unanimously. (Resolution 76-6) RECONSIDER HIGHWAY 30 WATER LINE CONTRACT The Acting City Attorney, Jack Haney, indicated he had reviewed the contract and recommended that the Council accept it as revised. He indicated the City Staff was also satisfied with the contract. Councilman Corley moved to accept the contract based on.the attorney'a r¢r.,Mm I„H ;,,., r.,,,—;imp., —1— RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 76-07 Title: NO PARKING ON 11TH ST.US 75N. TO I-45 Date: 07-20-76 and we will have sufficient funds at that time to pay off this note. McAlister noted total expenditure to date was $1,164,791 and paid to date is $1,075,538. Amount presently held in retainage, he said, is $86,170. He said two change orders are pending which will allow for the instal- lation of the flow measuring devices on the lines, to cost approximately $29,600. He said the liquidated damages which could be applied to the contract is in the amount of $17,500*. He said $30,000 was paid to Mr. Moore on July 9 and he recommended paying an additional $39,070. He indicated the amount which needs to be borrowed then is the amount already paid ($30,000), plus the $39,070 being recommended for payment, for a total of $69,070, borrowed at the rate of 5.49 percent, the low bid from First National Bank. Although he was not recommending invoking the liquidated damages, he asked that it should be retained until the contract is com- pleted and then the Council can make a determination at that time. It was noted the first $30,000 paid Moore was done so via an interfund loan and the note would include this amount to reimburse the fund from which it was borrowed. Councilman Davis moved to authorize the Mayor to execute a note in the amount of $69,070 to be payable in 59 days from proceeds of a certificate of deposit maturing at that time or from payment of the final retainage by the Environmental Protection Agency on the South Huntsville Sewer Project. Councilman Moore seconded the the motion. All were in favor and the motion passed unanimously. (Resolution 76-6) RECONSIDER HIGHWAY 30 WATER LINE CONTRACT The Acting City Attorney, Jack Haney, indicated he had reviewed the contract and recommended that the Council accept it as revised. He indicated the City Staff was also satisfied with the contract. Councilman Corley moved to accept the contract based on the attorney's recommendation. Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. The motion authorized the Mayor to execute a contract on the Highway 19 water line between Mr. Bacon and Mr. Bruner and the City of Huntsville, as amended. Mr. Bacon indicated he too was satisfied with the contract. CONSIDER NO PARKING`ON 11TH STREET FROM U.S. 75 N. TO I-45 The Resolution was then presented by Jack Haney, Acting City Attorney, that the Mayor of said City shall in all things be authorized to install and hereinafter designate such portions of 11th Street from 230 feet west of the extended curb line of U. S. Highway 75 North in a westerly direction to its intersection with IH-45 as may be necessary in the public interest as a zone where no parking shall be permitted at any time on the pavement of 11th Street from and between said point on 11th Street beginning 230 feet west of the extended west curb line of U. S. Highway 75 North and IH-45. Councilman Corley asked if this in any way adversly affected Bob Warren's business (Bob's Auto Supply) on 11th Street. Mayor Waller said no it would not affect his business. Councilman Parker then moved to adopt the Resolution as presented and Councilman Amick seconded the motion. All were in favor and the motion passed unanimously. (Resolution 76-7) CONSIDER CHANGE ORDER ON CITY HALL Jim McAlister, City Manager, then presented two change orders for the new city hall, as follows: Steps for front entrance . . . . . $ 1,065.00 (with anodized handrail) Floor Maintenance Equipment . . . . 917.77 _ RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 76-08 Title: PARKS BOARD COIVIlVIENDATION Date: 08-10-76 ADMINISTRATIVE REPORTS--J. H. MCALISTER Consider Landscaping the City Hall Mr. McAlister presented quotations from three contractor/landscapers for the three flower beds at the new City Hall, as follows: Mr. W. H. Davidson: $957.00 Huntsville Gardens: 950.00 Landscape Specialties: 825.00 Mr. McAlister indicated the labor in each quotation seemed to be $200. He said the work can be done in-house at whatever level of funding the Council chooses, if time is no limitation. Councilman Parker moved to have the landscaping done in-house according to the landscaping plan outlined. Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. $250,000 Community Development Grant Received Jim McAlister, City Manager, indicated a telegram from the office of Senator John Tower notified the Citv that they had been awarded the $250,000 grant for community development for 1976-1977. He said last year, $200,000 was received on this grant which allowed for Town Branch drainage improvements, Avenue C drainage improvements, Thomason Street improvements, Ninth and Tenth Street sidewalk improvements. He said the new $250,000 grant will be used to rebuild the street drainage crossing on Seventh Street at Town Branch and channelize and shape Town Branch between Seventh and Tenth Streets. Councilman Davis asked the City staff to provide the list of projects originally presented in the application for the Phase II grant monies. Mayor Waller then commended the work of the Huntsville City staff for their efforts in getting the new funding, with special thanks to Mr. Jim Hudgens, who coordinated the effort. Increase in the Phase I, North Huntsville Sewer Plant Grant Mr. McAlister indicated he had received word from Congressman Charles Wilson that the City had received an increase in our grant application for the North Huntsville Sewer Plant in the amount of $47,400 to allow for additional study requirements that were necessitated by the infiltration/inflow study. MAYOR'S SECTION--MORRIS I. WALLER Consider Resolution of Commendation to Parks Board Mayor Waller presented the resolution of the board members, which was to the effect that thev felt they had performed the essential function of their creation in supervising the additions to the City of Huntsville in the park facilities and that perhaps their usefulness had been served. He said it was their feeling that the City had an adequate Parks Department which could perhaps address the Parks'needs in administering the programs and develop further its funds. He said the Board voted to dissolve the Parks Board and he then read Resolution 76-8 which commended the work of all those citizens of Huntsville who actively served on the Parks. and Recreation Board. RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 76-09 Title: APPOINTS DON KRAEMER ASST. CITY ATTNY. Date: 08-10-76 Mr. Davis indicated the maximum time that can be granted in a telecommunications system is 15 years, and that is :chat Telecable, Inc. was asking for at this time. He said any time less than 15 years would serve to hamper the borrowing power and the contractual power of the corporation itself, and the 15 year term is asked for here strictly as an economical matter in.helping Telecable, Inc. to get a favorable interest rate at the bank or lending institution. The longer term would also allow the company to keep their operating costs down. Mr. Davis indicated the deposit would no longer be required and that a one time charge for connection only of $15 would be made. He said the monthly charge for an additional outlet will increase from $1 a month to $1.30. He said that although Telecable still has five years left on their previous 20 year contract, the FCC has required Telecable, Inc. to rewrite their contract in order to become certified by the FCC. The City will receive 4 percent of the gross revenues from Telecable, Inc. until March 31, 1977, said Mr. Davis, at which time FCC says they can no longer do this unless and until the City has it approved from the 3 to the 4 percent with FCC. Mr. Crawford Scott said the Citv received $13,000 this year, which represents 4 percent. Councilman Parker moved to accept the Franchise ordinance as drafted and recommended by the City Attorney and Councilman Moore seconded the motion with the stipulation that someone, between now and next March, come up with a good reason as to why we should retain our 4 percent. All were in favor and the motion passed unanimously. Mayor Waller asked the City Manager to contact the Federal Communications Commission in regard to a 4 per- cent instead of a 3 percent franchise tax. Mayor S•7aller noted the Franchise will not become effective until FCC also approves it. Consider a Resolution Appointing the City Prosecutor/Assistant City Attorney Mr. Haney asked the Council to consider appointing Mr. Don Kraemer as an Assistant City Attorney as well as City Prosecutor. Councilman Corley moved to adopt this Resolution appointing Mr. Don Kraemer as the Assistant City Attorney and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. ADMINISTRATIVE REPORTS--J. H. McALISTER Consider Landscaping the City Hall Mr. McAlister presented quotations from three contractor/landscapers for the three flower beds at the new City Hall, as follows: Mr. W. H. Davidson: $957.00 Huntsville Gardens: 950.00 Landscape Specialties: 825.00 Mr. McAlister indicated the labor in each quotation seemed to be $200. He said the work.can be done in-house at whatever level of funding the Council chooses, if time is no limitation. Councilman Parker moved to have the landscaping done in-house according to the landscaping plan outlined. Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: '�J.l3(Sl,{,1t1,m -7Lo-(d Plop&m 9 7(,-77��fed RESOLUTION NO. 76-10 A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PERIOD OCTOBER 1, 1976 THROUGH SEPTEMBER 30, 1977, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SUCH BUDGET. WHEREAS, the Charter of the City of Huntsville, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of Huntsville, Texas, prior to the beginning of the fiscal year of such City, and that a public hearing be held prior to the adoption of such budget; and, WHEREAS, the budget for the year October 1, 1976 through September 30, 1977, has heretofore been presented to the City Council and due deliberation had thereon, and a public hearing having been held as required by law and all comments and objections have been considered: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT, the budget for the City of Huntsville, Texas, now before the said City Council for consideration, be, and the same is hereby adopted as the budget for said City for the period October 1, 1976 through September 30, 1977; BE IT FURTHER RESOLVED, that the said City Council finds that all things requisite and necessary to the adoption of said budget have been performed as required by Charter or Statute. WHEREUPON, said Resolution was duly made and seconded and upon vote, unanimously passed on this the 27th day of September, 1976. THE CITY OF HUNTSVILLE, TE�XASI,, BY ,/ Ltd✓ ATTEST'."- /'lMorris I. Waller, Mayor Ruth DeShaw, City Secretary APPROVED AS TO FORM: .Jack Haney, City Attorne} ( 37? RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 76-14 Issue T.R.A.Revenue Bonds$6,500,000 10-12-76 _ A ® • RESOLUTION 7& APPROVING RESOLUTION BY TRINITY RIVER AUTHORITY OF TEXAS AUTHORIZING THE ISSUANCE OF TRINITY RIVER AUTIIORITY OF TEXAS CONTRACT REVENUE BONDS, SERIES 1976 (HUNTSVILLE REGIONAL WATER SUPPLY SYSTEM PROJECT), $6,500,000 THE STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE WHEREAS, Trinity River Authority of Texas has adopted a resolution in the form attached hereto; and WHEREAS, said resolution should be approved by the City of Huntsville, Texas; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1. That the resolution authorizing the Trinity River Authority of Texas Contract Revenue Bonds, Series 1976 (Huntsville Regional Water Supply System Project), in the principal amount of $6,500,000, in the form attached, is hereby in all things approved, and this resolution shall constitute a request by said City for the issuance of said proposed bonds. Section 2. That it is hereby officially found and determined that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this resolution is adopted, such emergency or urgent public neces- sity being that the issuance of said Bonds is required as soon as possible and without delay for necessary and urgently needed public improvements; and that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. Stat. Article 6252-17, as amended. Section 3. That this resolution shall take effect immediately upon adoption. SIGNED this 12th d�ay�of October, p1976. 1 �f Mayor, City of Huntsville, Texas APPROVED AS TO FORM AND LEGALITY: City!Attorney, Ci/tv of Huntsville, V Texas CERTIFICATE FOR RESOLUTION AUTHORIZING BOND RESOLUTION THE STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE We, the undersigned officers of said City, hereby certify as follows: 1. The City Council of said City convened in REGULAR MEETING ON THE 12Th DAY OF OCTOBER, 1976, at the City Hall, and the roll was called of the duly consti- tuted officers and members of said City Council, to-wit: Morris I. Waller, Mayor Ruth DeShaw, City Secretary John Amick, Frank Moore Larry Corley Delora Rogers I:ing Ralph Davis Jack Parker GOYee McGlothen Larry Dickens and all of said pe ons were present, except the following absentees: MAO lay J , thus constituting a qu rum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION APPROVING RESOLUTION AUTHORIZING TRINITY RIVER AUTHORITY OF TEXAS CONTRACT REVENUE BONDS (HUNTSVILLE REGIO14AL WATER SUPPLY SYSTEM PROJECT) was duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said Resolution, pre- vailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full and correct copy of the aforesaid Resolution adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certifi- cate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and fore- going paragraph is a true, full and correct excerpt from said City Council's minutes of said Meeting pertaining to the adop- tion of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally in advance of the time, place and purpose of the aforesaid Meeting, and that said Resolution would be intro- duced and considered for adoption at said Meeting, and each of said officers and members consented, in advance, to the holding of said Meeting for such purpose; that said Meeting was open to the public, and public notice of the time, place and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. Stat. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall consti- tute the signing of the attached and following copy of said Resolution for all purposes. SIGNED AND SEALED this 12th day of October, 1976. City Secretary ✓ Mayor (CITY SEAL) . t RESOLUTION NO. R-293 RESOLUTION AUTHORIZING THE ISSUANCE OF TRINITY RIVER AUTHORITY OF TEXAS CONTRACT REVENUE BONDS, SERIES 1976 (HUNTSVILLE REGIONAL WATER SUPPLY SYSTEM PROJECT) , $6,500,000 THE STATE OF TEXAS TRINITY RIVER AUTHORITY OF TEXAS WHEREAS, Trinity River Authority of Texas-Hunts- ville Water Treatment Facilities, Water Transmission and Clear Well Storage Facilities Contract (hereinafter called the "Contract") has been, or will be, duly executed between the Authoritv and the City of Huntsville (hereinafter called the "City"); and WHEREAS, the date of the Contract is September 28, 1976; and WHEREAS, the Contract is hereby referred to and adopted for all purposes, the same as if it had been set forth in its entirety in this Resolution; and WHEREAS, the governing body of the City has duly approved a substantial draft of this Resolution or will do so prior to delivery of the bonds herein authorized; and WHEREAS, the bonds (hereinafter called the "Bonds") authorized to be issued by this Resolution (hereinafter called the "Resolution") are to be issued and delivered pur- suant to Vernon's Article 8280-188; THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TRINITY RIVER AUTHORITY OF TEXAS: Section 1. That said Authority's negotiable bonds are hereby authorized in the aggregate principal amount of $6,500,000 FOR THE PURPOSE OF ACQUIRING AND CONSTRUCTING WATERWORKS SUPPLY SYSTEM FACILITIES CONSISTING OF FACILITIES FOR TILE TREATMENT, STORAGE AND DELIVERY OF WATER TO SERVE THE CITY OF HUNTSVILLE. Section 2. That said bonds shall be designated as the TRINITY RIVER AUTHORITY OF TEXAS CONTRACT REVENUE BONDS, SERIES 1976 (HUNTSVILLE REGIONAL WATER SUPPLY SYSTEM PROJECT) . Section 3. That said Bonds shall be dated October 10, 1976, shall be in the denomination of $5,000 each, shall be numbered consecutively from one upward, and shall mature serially on the maturity date, in each of the years, and in the amounts, respectively, as set forth in the following schedule: MATURITY DATE: JULY 10 YEARS AMOUNTS YEARS AMOUNTS 1982 $ 20,000 1994 $ 220,000 1983 20,000 1995 230,000 1984 20,000 1996 240,000 1985 20,000 1997 250,000 1986 20,000 1998 260,000 1987 25,000 1999 270,000 1988 50,000 2000 280,000 1989 25,000 2001 290,000 1990 100,000 2002 300,000 1991 105,000 2003 315,000 1992 210,000 2004 330,000 1993 215,000 2005 345,000 2006 2,340,000 Section 4. That said Bonds shall bear interest from their date until maturity or redemption at the rate of 4.35% per annum. Interest shall be evidenced by interest coupons which shall appertain to said Bonds, and which shall be payable in the manner provided and on the dates stated in the FORKS OF BOND set forth in this Resolution. Section 5. That said Bonds and interest coupons shall be issued, shall be payable, may be redeemed prior to their scheduled maturities, shall have the characteristics, and shall be signed and executed (and said bonds shall be sealed), all as provided, and in the manner indicated, in the FORM OF BOND set forth in this Resolution. 2 Section 6. That the form of said Bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of said Bonds, and the form of the aforesaid interest coupons which shall appertain and be attached ini- tially to each of said Bonds, shall be, respectively, substantially as follows: FORM OF BOND: NO. $5,000 UNITED STATES OF AMERICA STATE OF TEXAS TRINITY RIVER AUTHORITY OF TEXAS CONTRACT REVENUE BOND SERIES 1976 (HUNTSVILLE REGIONAL WATER SUPPLY SYSTEM PROJECT) ON JULY 10, , TRINITY RIVER AUTHORITY OF TEXAS hereby promises to pay to bearer hereof the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from date hereof, at the rate of 4.35% per annum. Said interest shall be evidenced by interest coupons payable July 10, 1977, and semiannually thereafter while this Bond is outstanding. THE PRINCIPAL of this Bond and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this Bond or proper interest coupon, at the following, which shall constitute and be defined as the "Paying Agent" for this Series of Bonds: REPUBLIC IIATIOIIAL BANK OF DALLAS, DALLAS, TEXAS. THIS BOND is one of a Series dated as of October 10, 1976, authorized and issued in the principal amount of $6,500,000 FOR TILE PURPOSE OF ACQUIRING AND CONSTRUCTING WATERWORKS SUPPLY SYSTEM FACILITIF•.S CONSISTING OF FACILITIES 3 POR THE. T1?EATM f', S'T'ORAGE; AND DELIVERY Oloi; iR TO SIiRVE '1'11h CITY OF HUNTSVILLE. ANY OUTSTANDING BONDS of this Series n, v be re- deemed prior to their scheduled maturities, at the option of said Authority, in whole, or in part, on July 10, 1997, or on any interest payment date thereafter, for the principal amount thereof and accrued interest thereon to the date fixed for redemption. At least thirty days prior to the date fired for any such redemption said Authority shall cause a written notice of such redemption to be published at least once in a financial publication published in the City of New York, New York. By the date fixed for any such redemption, due provision shall be made with the Paying Agent for the payment of the principal amount of the Bonds to be redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published, and if due provi- sion for such payment is made, all as provided above, the Bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the bearer to receive the redemption price from the Paying Agent out of the funds provided for such payment. Provided, if written notice of any such redemption is delivered to the holder of all Bonds called for redemption, the publica- tion of such notice shall not be required. Bonds of this Series maturing in 2006 are subject to mandatory redemption on July 10 in each of the years 1998 through 2005 if such Bonds are then owned by the Texas Water Development Board and if required by said Board, in accordance with the provisions of the resolution which authorized this Series of Bonds. IT IS IiEREBY certified and covenanted that this Bond has been duly and validly authorized, issued and de- livered; that all acts, conditions and things required or 4 • s proper to be performed, exist and be done preced t to or in the authorization, issuance and delivery of th_ Bond have been performed, existed and been done in acc=iance with law; that this Bond is a special obligation; and that the principal of and interest on this Bond are payable from, and secured by a first lien on and pledge of, the Authority's Net Revenues from a Waterworks Facilities Contract between said Authority and the City of Huntsville, Texas, and the Net Revenues the Authority receives from other parties with whom the Authority may contract in the future to supply treated water from the water treatment facilities of the Huntsville Regional Water Supply System. SAID AUTHORITY has reserved the right, subject to the restrictions stated in the Resolution authorizing this Series of Bonds, to issue additional parity revenue bonds which also may be made payable from, and secured by a first lien on and pledge of, the aforesaid Net Revenues. SAID AUTHORITY also has reserved the right to amend the Resolution authorizing this Series of Bonds, with the approval of the holders of two-thirds of the outstanding Bonds, subject to the restrictions stated in said Resolution. THE HOLDER HEREOF shall never have the right to demand payment of this obligation out of any funds raised or to be raised by the levy of taxes. IN WITNESS WHEREOF, this Bond and the interest coupons appertaining hereto have been signed with the fac- simile signature of the President of the Board of Directors of said Authority, and countersigned with the facsimile sig- nature of the Secretary of said Board of Directors, and the official seal of said Authority has been duly impressed, or placed in facsimile, on this Bond. Secretary, Board of Directors President, Board of Directors 5 FORM OF REGISTRATION CERTIFICATE: COMPT'ROLLER'S REGISTRATION CERTIFICATE: REGL` 'R NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorni,y General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas FORM OF INTEREST COUPON: NO. $ ON 10, , TRINITY RIVER AUTHORITY OF TEXAS promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer, unless due provision has been made for the redemption prior to maturity of the Bond to which this interest coupon appertains, upon presentation and surrender of this interest coupon, at REPUBLIC NATIONAL BANK OF DALLAS, DALLAS, TEXAS,' said amount being interest coming due that day on the Bond, bearing the number hereinafter designated, of that issue of TRINITY RIVER AUTHORITY OF TEXAS CONTRACT REVENUE BONDS, SERIES 1976 (HUNTSVILLE REGIONAL WATER SUPPLY SYSTEM PROJECT) , DATED OCTOBER 10, 1976. The holder hereof shall never have the right to demand payment of this obligation out of any funds raised or to be raised by the levy of taxes. Bond No. Secretary, Board of Directors President, Board of Directors 6 Section 7. PLEDGE. That the Contract provides for the monthly payment by the City and other parties with whom the Authority may contract to provide treated water from the water treatment facilities of the Huntsville Regional Water Supply System (hereinafter called "Other Contracting Parties") to the Authority: (a) all Operation and Maintenance Expense; (b) the principal of and the interest on the Bonds, as such principal and interest become due, less interest to be paid out of Bond proceeds as permitted by the Bond Resolution; (c) during each Fiscal Year, the proportionate part of any special or reserve funds re- quired to be established and/or maintained by the provisions of the Bond Resolution; and (d) an amount in addition thereto sufficient to restore any deficiency in any of such funds or accounts required to be accumu- lated and maintained by the provisions of the Bond Resolution. The term Net Revenues, as used in this Resolution, shall mean and be defined as all of the gross revenues or payments re- ceived by the Authority from the City under the Contract, and from the other parties specified above, after deducting there- from the amounts specifically paid to the Authority, as described above, for the purpose of covering, paying and re- imbursing the Authority for Operation and Maintenance Expense, as defined in the Contract, with the result that the Net Revenues shall consist of the amounts necessary to pay all principal and/or interest coming due on the Authority's Bonds on each principal and/or interest payment date plus the amounts specified in (c) and (d) above. That the Bonds, and the interest thereon, are and shall be payable from and secured by an irrevocable first lien on and pledge of said Net Revenues, and said Net Revenues are further pledged 7 irrevocably to the establishment and maintenance of the Funds hereinafter created. The City has contracted to make all of such payments from the revenues of City's combined waterworks and sewer system as an operating expense of such system. Section 8. SPECIAL FUNDS. That all gross revenues or payments received by the Authority under the Contract shall be kept separate and apart from all other funds of the Authority, and the following special Funds are hereby created and shall be established and maintained so long as any of the Bonds, or interest coupons appertaining thereto, are out- standing and unpaid: (a) the Revenue Fund, which shall be in an official depository bank of the Authority; (b) the Interest and Sinking Fund, which shall be in Republic National Bank of Dallas; (c) the Reserve Fund, which shall be in Republic National Bank, of Dallas. Section 9. REVENUE FUND. All gross revenues or payments received by the Authority under the Contract and from other parties with whom the Authority may contract in the future to provide treated water from the water treatment facilities of the Huntsville Regional Water Supply System, shall be deposited as received by the Authority into the Revenue Fund, and shall. be deposited from the Revenue Fund, as hereinafter provided. Section 10. INTEREST AND SINKING FUND. There shall be deposited into the Interest and Sinking Fund the following: (a) immediately after the delivery of the Bonds, all accrued interest and any premium from the proceeds from the sale of the Bonds shall be deposited to the credit of 8 the Interest and Sinking Fund, and shall be used for paying interest on the Bonds. (b) on or before July 5, 1977, and semiannually thereafter on or before each January 5 and July 5, an amount equal to the principal and/or interest coming due on the Bonds on the next succeeding interest payment date. Section 11. USE OF INTEREST AND SINKING FUND. The Interest and Sinking Fund shall be used to pay the principal of and interest on the Bonds as such principal matures and such interest comes due. Section 12. RESERVE FUND. There shall be deposited from payments from the Citv to the Reserve Fund such amounts, beginning on October 10, 1977, and each October 10 thereafter, so that the following amounts will be on deposit in the Reserve Fund on each specified date: October 10, 1977 $ 80,000 October 10, 1978 160,000 October 10, 1979 240,000 October 10, 1980 320,000 October 10, 1981 400,000 Provided, if on any of the above specified dates the Reserve Fund contains the amount then required to be on depos- it therein, or more than such amount, then no payments from the City of Huntsville shall be due to the Authority for such deposit. The Reserve Fund shall be used only for the purpose of paying principal of or interest on the Bonds where there is not sufficient money in the Interest Sinking Fund for such payments and for purchasing Bonds from the Texas Water Develop- ment Board as is hereinafter provided. If the Reserve Fund is depleted for any reason other than the purchase of Bonds from the Texas Water Development Board, any such depletion shall be restored from payments from the City under the 9 Contract in an amount not less than $4,000 per month until such deficiency is restored. Section 13. AUTHORITY'S EXPENSES AND COSTS. The Authority shall pay, or reimburse itself for, Operation and Maintenance Expense from the payments made by the City under the Contract specifically for such purposes, and from any Other Contracting Parties, and in no event from the pledged Net Revenues. Section 14. INVESTMENTS AND MANDATORY REDEMPTION OF BONDS. Money in any Fund created by this Resolution may be invested in securities permitted by Vernon's Article 8280-188, Section 8-B. All income and profits from the in- vestment of all funds hereunder shall be deposited in the Interest and Sinking Fund, except for income and profits from the investment of the Reserve Fund which shall be deposited in the Reserve Fund. Provided, earnings and profits from the Project Acquisition Fund may be deposited in the Reserve Fund to the extent that such deposit does not violate Department of the Treasury Regulations relating to arbitrage bonds. The Banks in which each of the Funds created in this resolution are maintained shall invest the amounts on de- posit therein in accordance with instructions which the Trin- ity River Authority of Texas will give, after due consultation with the City of Huntsville and any Additional Contracting Parties. On July 10, 1998 and on each July 10 thereafter through 2005, the Authority shall, if on such dates the Texas Water Development Board is the owner of the Bonds maturing in 2006, and if required by said Board, purchase from said Board $100,000 of the Bonds maturing in 2006 from funds on deposit in the Reserve Fund. Provided, if on any of such dates there are not sufficient funds to make the required purchase, payments shall be clue from the City of. Iluntsville and any Additional 10 Contractinq Parties, in an amount which, together with funds then on deposit therein, will enable the Authority to make the required purchase. when Bonds authorized by this Resol- ution which mature in the year 2006 and which are held by the Texas Water Development Board have been reduced to $1,750,000.00, or less, all amounts in the Reserve Fund in excess of $400,000.00 shall be used to purchase Bonds from the Texas Water Development Board, if required by said Board, up to the amount in excess of $400,000.00 then contained in the Reserve Fund. Section 15. DEFICIENCIES IN FUNDS. If the Author- ity should fail at any time to deposit into any Fund created by this Resolution the full amounts required, amounts equiv- alent to such deficiencies shall be set apart and paid into said Funds from the first available payments by the City under the Contract, and such payments shall be in addition to the amounts otherwise required to be deposited into said Funds. Section 16. SECURITY FOR FUNDS. All Funds created by this Resolution shall be secured in the manner and to the fullest extent permitted or required by law for the security of public funds, and such Funds shall be used only for the purposes and in the manner permitted or required by this Resolution. Section 17. COMPLETION BONDS. The Authority re- serves the right to issue additional parity revenue bonds in such amounts as are required for the purpose of completing the acquisition and construction of the system for which the Bonds are being issued, in accordance with the description of the Project and the plans and specifications therefor, as provided in the Contract, in the event that the proceeds from the sale 'of the Bonds are insufficient and to expand the Project to provide service to Other Contracting 11 Parties. Such additional parity revenue bonds shall be considered, constitute and be defined as "Bonds" for all purposes of this Resolution and the Contract, and when issued and delivered they shall be payable from and secured by a first lien on and pledge of the Net Revenues, in the same manner and to the same extent as the other Bonds; and all of the Bonds shall in all respects be on a parity and of equal dignity. The additional parity revenue Bonds may be issued in one or more installments or series, provided, however, that no such installment or series shall be issued unless: (a) a certificate is executed by the President and Secretary of the Board of Directors of the Authority to the effect that no default exists in connection with any of the covenants or requirements of the resolution or resol- utions authorizing the issuance of all then outstanding Bonds, and that the Interest and sinking Fund and Reserve Fund contain the amounts then required to be on deposit therein; (b) the "Consulting Engineers" under the Contract execute a certificate to the effect that such installment or series of Bonds is required in order to complete the con- struction of the system as provided above; (c) the resolution authorizing the issuance of such installment or series of Bonds shall provide for the payment of the principal of and interest on such Bonds; (d) the governing body of the City passes an ordinance or adopts a resolution approving a substantial draft of the resolution authorizing the issuance of such installment or series of Bonds; (e) the amount required to be maintained in the Reserve Fund is increased so that it shall contain an amount equal to at least approximately the annual average require- ment of all Bonds outstanding and to be outstanding under the 12 Contract. Section 18. ACCOUNTS AND RECORDS. The Authority shall keep proper books of records and accounts, separate from all other records and accounts of the Authority, in which complete and correct entries shall be made of all transactions relating to the Contract. The Authority shall have said books audited once each Authority fiscal year by an independent Certified Public Accountant. Section 19. ACCOUNTING REPORTS. Within one hundred twenty (120) days after the close of each Authority fiscal year hereafter., the Authority shall forward to the Teras Vater Development Board, so long as said Board owns any of the Bonds, and to the City a signed or certified copy of a report by a Certified Public Accountant, covering the next preceding fiscal year, showing the following information: (a) A detailed statement of all payments under the Contract, and the Authority's disbursements thereof; (b) Balance sheet as of the end of said fiscal year; (c) Accountant's comment regarding the manner in which the Authority has complied with the requirements of this Resolution and his recommendations, if any, for any changes or improvements. Section 20. INSPECTION. Any holder or holders of any Bonds shall have the right at all reasonable times to inspect all records, accounts and data of the Authority re- lating to the Contract and the Funds created by this Resolution. Section 21. SPECIAL COVENANTS. The Authority further covenants as follows: (a) That other than for the payment of the Bonds herein authorized, the Net Revenues have not in any manner been pledged to the payment of any debt or obligation of the 13 Authority; (b) that while any of the Bonds are outstanding, the Authority will not, with the exception of the additional parity revenue Bonds expressly permitted by this Resolution to be issued, additionally encumber the Net Revenues; (c) that the Authority will carry out all of its obligations under the Contract; and when or if necessary will promptly enforce and cause the City to carry out all of its obligations under the Contract, for the benefit of the Authority and the holders of the Bonds, by all legal and equitable means, including the use of mandamus proceedings against the City. Section 22. BONDS ARE SPECIAL OBLIGATIONS. The Bonds shall be special obligations of the Authority payable solely from the pledged Net Revenues, and the holder or holders of the Bonds shall never have the right to demand payment thereof out of funds raised or to be raised by the levy of taxes. Section 23. AMENDMENT OF RESOLUTION. (a) The holders of Bonds aggregating in principal amount two-thirds of the aggregate principal amount of then outstanding Bonds shall have the right from time to time to approve any amend- ment to this Resolution which may be deemed necessary or desirable by the Authority, provided, however, that nothing herein contained shall permit or be construed to permit the amendment of the terms and conditions in this Resolution or in the Bonds so as to: (1) Make any change in the maturity of the outstanding Bonds; (2) Reduce the rate of interest borne by any of the outstanding Bonds; 14 (3) Reduce the amount of the principal payable on the outstanding Bonds; (4) Modify the terms of payment of principal of or interest on the outstanding Bonds, or impose any conditions with respect to such payment; (5) Affect the rights of the holders of less than all of the Bonds then outstanding; (6) Change the minimum percentage of the principal amount of Bonds necessary for consent to such amendment. (b) I£ at any time the Authority shall desire to amend the Resolution under this Section, the Authority shall cause notice of the proposed amendment to be published in a financial newspaper or journal published in the State of Texas, once during each calendar week for at least four suc- cessive calendar weeks. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agent for inspection by all holders of Bonds. Such publication is not required, however, if notice in writing is given to each holder of Bonds. (c) Whenever at any time not less than thirty days, and within one year, from the date of the first publica- tion of said notice or other service of written notice the Authority shall receive an instrument or instruments executed by the holders of at least two-thirds in aggregate principal amount of all Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substantially the form of the copy thereof 15 on file with the Paying Agent, the Authority may adopt the amendatory resolution in substantially the same form. (d) Upon the adoption of any amendatory resolution pursuant to the provisions of this Section, the Resolution shall be deemed to be amended in accordance with such amend- atory resolution, and the respective rights, duties and obligations under the Resolution of the Authority and all the holders of then outstanding Bonds shall thereafter be determined, exercised and enforced hereunder, subject in all respects to such amendments. (e) Any consent given by the holder of a Bond pursuant to the provisions of this Article shall be irrevo- cable for a period of six months from the date of the first publication of the notice provided for in this Section, and shall be conclusive and binding upon all future holders of the same Bond during such period. Such consent may be re- voked at any time after six months from the date of the first publication of such notice by the holder who gave such con- sent, or by a successor in title, by filing notice thereof with the Paying Agent and the Authority, but such revocation shall not be effective if the holders of two-thirds aggre- gate principal amount of the then outstanding Bonds as in this Section defined have, prior to the attempted revocation, consented to and approved the amendment. (f) For the purpose of this Section, the fact of the holding of Bonds by any Bondholder and the amount and numbers of such Bonds, and the date of their holding same, may be proved by the affidavit of the person claiming to be such holder, or by a certificate executed by any trust company, bank, banker or any other depository wherever 16 • situated showing that at the date therein mentioned such person had on deposit with such trust company, bank, banker or other depository, the Bonds described in such certificate. The Authority may conclusively assume that such ownership continues until written notice to the contrary is served upon the Authority. Section 24. PROJECT ACQUISITION FUND. That immediately after the sale and delivery of the Bonds, the Authority shall deposit the proceeds from the sale of the Bonds, exclusive of accrued interest and any premium, into a special Project Acquisition Fund. Said Project Acquisition Fund shall be established, drawn on and used to pay the costs of acquiring and constructing the facilities for which the Bonds are being issued, subject to the requirement that each expenditure from the Project Acquisition Fund must be approved by the Consulting Engineers named in the Contract prior to the making of such expenditure. Provided, the fees paid to attorneys and financial advisors of the Authority need not be approved by the Consulting Engineers. Section 25. FINAL ACCOUNTING TO TEXAS WATER DEVELOPMENT BOARD. That the Authority shall render a final audit and accounting by an independent Certified Public Ac- countant to the Texas Water Development Board of the total costs incurred by the Authority in the acquisition and con- struction of the facilities to be acquired and constructed with the proceeds of the Bonds. If there are any Bond proceeds remaining in the Project Acquisition Fund after completion of said facilities, the Authority shall (a) if required by Texas 17 Water Development Board, return to the Texas hater Develop- ment Board the amount of such excess, to the nearest multiple of $5,000.00, and in return therefor, the Board will cancel and deliver to the Authority a like principal amount of Bonds held by the said Board, or (b) deposit such excess in the Interest and Sinking Fund established pursuant to the Author- ity's Bond Resolution, and thus reduce to that extent the payments required to be made by the City under the Contract. The Authority covenants that it will comply with all appli- cable requirements of Chapter 11, Texas water Code, with respect to the improvements herein contemplated and the Bonds herein authorized. Section 26. APPROVAL AND REGISTRATION OF BONDS. That the President of the Board of Directors of the Authority is hereby authorized to have control of said Bonds and all necessary records and proceedings pertaining to said Bonds pending their delivery and their investigation, examination and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of said Bonds, said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each Bond, and the seal of said Comptroller shall be impressed, or printed, or lithographed on each of said Bonds. Section 27. NO ARBITRAGE. That the Authority covenants to and with the purchasers of the Bonds that it will make no use of the proceeds of the Bonds at any time throughout the term of this issue of Bonds which, if such use had been reasonably expected on the date of delivery of the Bonds to and payment for the Bonds by the purchasers, would have caused the Bonds to be arbitrage bonds within the meaning of Section 103(d) of the Internal Revenue Code of I 1954, as amended, or any regulations or rulings pertaining thereto; and by this covenant the Authority is obligated to comply with the requirements of the aforesaid Section 103(d) and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The Authority further covenants that the proceeds of the Bonds will not otherwise be used directly or indirectly so as to cause all or any part of the Bonds to be or become arbitrage bonds within the meaning of the aforesaid Section 103(d), or any regulations or rulings pertaining thereto. Section 28. EVENT OF DEFAULT. That the tern "Default" shall mean a default in payment of any of the prin- cipal of or interest on the Bonds or a failure to perform any terms or conditions of any resolution authorizing any bonds. If a Default occurs it shall constitute a default under Subchapter M, Chapter 11 of the Water Code of Texas. Section 29. EMERGENCY. That it is hereby offi- cially found and determined; that a case of emergency or urgent public necessity exists which requires the holding of the meeting at which this Resolution is adopted, such emer- gency or urgent public necessity being that the proceeds from the sale of said Bonds are required as soon as possible and without delay for necessary and urgently needed public improve- ments; and that said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. Section 30. SALE. OF BONDS. That said Bonds are hereby sold and shall be delivered to the Texas Water Develop- ment Board for cash for the par value thereof and accrued 19 ® • interest to date of delivery, plus a premium in an amount which will cause the effective interest rate of said Bonds to equal the statutory lending rate of the Texas Nater Develop- ment Board, and such accrued interest and premium shall he deposited in the Interest and Sinking Fund. ------------------------ 20 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 76 F.A. Loving 0 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ON OCCASION OF RETIREMENT OF FRANK A. "Pee Wee" LOVING. RESOLUTION WHEREAS, FRANK A. "Pee Wee" LOVING has served with distinction in the Huntsville Volunteer Fire Department since November, 1946. And, during this thirty year period of service to the citizens of this community he was instrumental in training and maintaining a Volunteer Fire fighting organization, the members of which have unceasingly extended every effort to protect the lives and property of not only the citizens of the City of Huntsville but also those within Walker County. "Pee Wee" Loving has served as Captain and Chief of the Huntsville Volunteer Fire Department during his many years of faith- ful service; and, WHEREAS, in addition to the years of volunteer service to this City and Community, "Pee Free" Loving has been an employee of the City of Huntsville since May 1, 1951, first serving with skill and dedication in the street department and since 1963 as a full time employee in the City Fire Department. In both capacities of employment with the City of Huntsville he always displayed the highest degree of competence in performing his assigned duties; and, WHEREAS, after these many years the said FRANK A. "Pee Wee" LOVING is retiring from active service with the Volunteer Fire Department and employment with the City of Huntsville and it is the desire of the City Council of the City of Huntsville to recognize such faithful and loyal service; Now Therefore, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that FRANK A. "Pee Wee" LOVING be, and he is hereby officially and publicly commended for more than thirty years of service to the Huntsville Volunteer Fire Department and twenty five years of service as an employee of the City of Huntsville; all of such years having been times of loyalty and dedication to assigned duties with resulting benefits to the citizens of this community; and, BE IT FURTHER RESOLVED, that on the occasion of retirement of FRANK A. "Pee Wee" LOVING that an official copy of this Resolution be delivered to FRANK A. "Pee Glee" LOVING in appreciation of his service as above set forth. WHEREUPON said Resolution was duly made and seconded and upon vote unanimously passed by the City Council�of he City of Huntsville, Texas, in session on the day of ,n , 1976. In witness whereof I have hereunto set my hand and caused the City Secret,ry to place the official seal of said City this the o7'7rf� day of , 1976. MORRIS I. WP_LLER MAYOR RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 76-12 Title: NO PARKING ON SOUTH SIDE OF 13TH ST.BETWEEN AVE.M AND SAM HOUSTON AVE. Date: 09-27-76 UU csrcmers wig I De a a=. per month increase. He said the new rates are based on a per unit basis rather than a per meter base. He said this will have no effect on a residence or business that has one meter, however, it will have an effect on an apartment complex that has one meter, but serves 32 units. He said sewer rates will also increase ' approximately 2.2 percent if these rates are adopted by the Council. Consider an Ordinance Prohibiting the Consumption of Alcoholic Beverages in City Parks Mr. Haney then read this ordinance to the Council, the caption of which is as follows: ORDINANCE NO. 76-17 AN ORDINANCE AMENDING CHAPTER 3A OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY ADDING A NEW SECTION TO BE NUMBERED SECTION 3-A-3, PROHIBITING THE POSSESSION OR CONSUMPTION OF ANY ALCOHOLIC BEVERAGE ON ANY REAL ESTATE MAINTAINED OR OPERATED BY THE CITY OF HUNTSVILLE, TEXAS, AS A PARK OR RECREATIONAL AREA, PROVIDING A PENALTY FOR VIOLATION OF SUCH ORDINANCE, AND CONTAIN- ING OTHER PROVISIONS AS THEREIN SET FORTH. Mr. Haney indicated this would exclude the City Hall and Fire Stations and other City buildings not used as recreation and park areas. He said the penalty for violation would be the same as set out in Section 1-8 of the Code of Ordinances, a Class C Misdemeanor and shall be punishable as provided therein. Councilman Amick moved to adopt the ordinance and Councilman.Dickens seconded the motion. The motion passed unanimously. Mayor Waller indicated the appropriate signs will be posted to indicate this new ordinance is in effect at the places specified. Consider a Resolution Prohibiting Parking on the South Side of 13th Street Between Avenue M and Sam Houston Avenue Mr. Haney presented the Resolution to the Council for their consideration. Councilman Davis moved to accept the Resolution No. 76-11 and Councilman Moore seconded the motion. All were in favor and the motion passed unanimously. Consider a Resolution Prohibiting Parking on the East Side of Avenue Q Between 11th and 15th Streets Durina Specified Hours Mr. Haney presented Resolution No. 76-12 prohibiting parking on the east side of Avenue Q between 11th and 15th Streets during the hours of 7:00 and 9:00 A.M. and 3:00 and 5:00 P.N. Mr. Jim Hudgens of the City's staff indicated a survey of the residents along this section of Avenue Q showed no objections to this Resolu- tion. Councilman Parker moved to adopt Resolution No. 76-12 and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Consider an Ordinance Amending the Plumbing Code Mr. Haney indicated that the Council of 1972 authorized in its meeting of November 14, 1972, the increase in all builders and plumbers performance bonds from the present $1,000 to $2,500 to be effective immediately. He said no ordinance accompanied this motion and it is now being drafted in ordinance form for passage, to be effective back to its original date of motion to do so. It can then be incorporated into the Code of Ordin- ances through the codification procedures. He said this ordinance also amends the penalty provided in the 1969 Plumbing Code from a fine not to exceed $100 per day to a fine not to exceed $200 per day, or the same penalty as appears in Section 1-8 of the Code. No file page RESOLUTION NO. 76-13 WHEREAS, Chapter 17, Section 17-9 and 17-21 of the Code of Ordinances of the City of Huntsville, Texas, authorizes the City Council from time to time to establish rates for water and sewer service, respectively, furnished by the said City; and WHEREAS, the City of Huntsville has recently contracted with the Trinity River Authority of Texas for surface water from its Lake Livingston Reservoir, and must now increase its revenue from the sale of water to pay the debt service requirement on the $6.5 million issue over the next 30 years; and WHEREAS, the City has determined it has three broad categories of users defined as Texas Department of Corrections, Sam Houston State University and all other consumers classified as "City customers," and the State institutions rates were raised last year and will be further adjusted with their next legislative budget request in 1977, and the below stated rates for water and sewer are limited to the "City customers" category only; NOW THEREFORE, Be It Resolved that the City Council hereby adopt the following rates for water and sewer customers to be effective, Monday, October 18, 1976: WATER RATES Consumption schedule Old Rates To from New Rate First: 3,000 gallons (Minimum) $1.75 $3.50 Next: 7,000 gallons, per 1,000 $ .68 $ .59 Next: 10,000 gallons, per 1,000 $ .57 $ .59 Next: 30,000 gallons, per 1,000 $ .44 $ .59 Next: 200,000 gallons, per 1,000 $ .39 $ .59 All over 250,000 gallons, per 1,000 $ .34 $ .59 Charges shall be on a "per unit" basis rather than a per meter basis. SEWER RATES Sewer rates will continue to be charged on a "per unit" basis and will be: $4.50 per unit plus 25 percent of the water bill over $12.00. (This is a reduction from 25 percent of the water bill over $9.00.) All rates for customers outside the City will be two times the regular rate for in-City users. WHEREUPON, said Resolution having been duly made and seconded was passed and approved this the 12th day of October, 1976. At CIT OF HUNTSVILLE T � / C-ZEA,^may Ruth DeShaw, City Secretary Morris I. Waller, Mayor APPROVED, AS TO FORM: ss i Attorney RECORDS SERIES TITLE: Ordinance, Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 76-14 Title: AUTHORIZE SALE OF TRA BONDS-SURFACE WATER Date: 10-12-76 to Wine ua ays1-1 — -a — --1--1 .......,.,- 7 - -- Councilman Parker moved to adopt Resolution No. 76-13 and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Consider Resolution Approving the TRA Bonds--Resolution No. 76-14 Mr. Dennis Baker of the Trinity River Authority introduced Mr. Tom Wolf, Financial Advisor for TRA with the First Southwest Company. Mr. Wolf discussed the financial arrangements of the project for surface water and noted the City would be paying interest on the $6.5 million dollars at 4.35 percent over a 30 year period. He indicated the money will not be idle until needed but will be "prudently" invested to the City's advantage with- out danger of involving the City in "arbitrage." Mayor Waller then asked the City Attorney to present the Resolution. Mr. Haney indicated he has read and recommends approval of the Resolution by the TRINITY RIVER AUTHORITY OF TEXAS AUTHORIZING THE ISSUANCE OF TRINITY RIVER AUTHORITY OF TEXAS CONTRACT REVENUE BONDS, SERIES 1976 (HUNTSVILLE REGIONAL WATER SUPPLY SYSTEM PROJECT), $6,500,000, and the Certificate for Resolution Authoriz- ing Bond Resolution. Councilman Parker moved to adopt the Resolution No. 76-14 and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller felt this was a momentous occasion in the long range water supply quest in that it is the last legal step before the sale of the bonds and the beginning of the construction of the plant and transmission lines. Mr. Wolf reminded the Council that they had originally gone to the Water Development Board to ask for $6.8 million; they only received $6.5, but he said $300,000 is available as a completion bond, if needed, and is programmed into the repayment schedule. Mayor Waller said this $300,000 is basically for the storage tank facilities, which the TWDB did not consider a viable part of the project, so if it becomes necessary to issue the $300,000, it will be TRA bonds, but the interest rate will be in the 7 percent (market rate) range rather than the 4.35 percent. Mr. Dennis Baker said the money would be delivered in about 3 to 6 weeks, however, they did not yet have a sale date for the bonds. He said the engineering will take approximately one year and 18 months are set aside for construction. He said the delivery of surface water is still set for May of 1979. Resolution Supporting the Governor's Highway Program Mr. Haney then presented a Resolution to the Honorable Dolph Briscoe, Governor of Texas, urging all citi- zens to support his program designed to provide adequate financing for highway purposes. He said this resolution is particularly of interest here because monies have been requested to complete Loop 405 around Huntsville. Councilman Corley moved to adopt the Resolution and Councilman Amick, seconded the motion. Councilman Dickens raised the question as to whether anyone really knew what the Governor's program entailed. No one seemed to know exactly. Mayor Waller said he knew that he had recommended the transfer of some $700 million into the highway fund from the general fund. Councilman Parker questioned this, wanting to know if this transfer would be at the expense of other necessary programs. Councilman Dickens felt there may be other ways to finance highway programs, not at the expense of other programs in the general fund, and he indicated he was not prepared to vote for the Governor's program. RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 76-15 Title: AUTHORIZES APPLICATION COMMUNITY DEV. FUNDS Date: 10-26-76 — nc 5 u cne tunas can come from contingency funds. Mr. Boyd wilder, Director of Public Utilities, indicated the vehicle would be used mainly for David Wheaton's vehicle. He said the old truck will be used by lab personnel to pick up samples, etc. at the other Plant, and various sampling they do around the City. He said the 3/4 ton is reauested to handle the need to move equipment between the two plants, equipment which is shared between the plants. He said a water depart- ment truck is presently used to facilitate this need (it moves skid steer loader, mowers, grounds equipment and drying bed equipment). Mr. McAlister indicated the Council had shown some interest to purchase the truck informally at a previous discussion. Mayor Waller asked for a detailed analysis of the vehicular equipment in the Water and Sewer Department and the use of each vehicle for the Council's review, in the next work session. Mr. Wilder indicate. he would provide this information. Councilman Parker asked if ELMUD was aware of the 1976-1977 budget and their share in the expenses of the South Plant. He asked if ELMUD was still making their monthly payment to the City for its operation and if they were up to date. He asked that this information be presented to the Council in their next worksession. He hoped to avoid any misunderstanding with ELMUD in regard to their share of the operation of the plant. He asked for figures from last year as to what ELMUD paid and then what one-half of the total would be, and he asked that they be billed for the difference, if any, or any overpayment should be remitted to them. Mr. McAlister indicated Mr. VanDever would provide this information. BUSINESS OF THE CITY ATTORNEY, JACK HANEY Resolution No. 76-16 Prohibiting Parking on the South Side of 19th Street Between Avenues O and R. Mr. Haney said he had prepared the Resolution designating such portions of the south side of 19th Street between Avenue O and Avenue R as a zone where no parking shall be permitted at any time, as directed by the Council. Councilman Dickens asked Mr. Hudgens to advise the one resident involved in this Resolution, the Jerry Dowlings, of the City's action in prohibiting parking in front of his home. Mr. Hudgens indicated he would contact Mr. Dowling. Councilman Dickens then moved to adopt the Resolution and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. Resolution No. 76-15 Authorizing the Administration to Submit a Preapplication for Title I Grant Funds for Community Development Councilman Dickens moved to adopt the Resolution authorizing the Administration of the City of Huntsville to prepare and submit a preapplication for grant funds under Title I of the Housing and Community Development Act of 1974, and adopting a citizens participation plan for community development. Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S REPORT Water Development Board Public Forum in Fort Worth Mayor Waller advised the Council that he attended the public Forum in Fort Worth on October 25, where he made a presentation of the concept for the Texas Water Plan under consideration by the Board. He said the TWQB expenditures have been to the benefit of some 99 different communities in Texas over a period of 15 years, of RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 76-16 Title: PROHIBITS PARKING SOUTH SIDE 19TH BETWEEN AVE.O&AVE.R Date: 10-26-76 on it. He said the funds can come from contingency funds. Mr. Boyd Wilder, Director of Public Utilities, indicated the vehicle would be used mainly for David Wheaton's vehicle. He said the old truck will be used by lab personnel to pick up samples, etc. at the other plant, and various sampling they do around the City. He said the 3/4 ton is requested to handle the need to move equipment between the two plants, equipment which is shared between the plants. He said a water depart- ment truck is presently used to facilitate this need (it moves skid steer loader, mowers, grounds equipment and drying bed equipment). Mr. McAlister indicated the Council had shown some interest to purchase the truck informally at a previous discussion. Mayor Waller asked for a detailed analysis of the vehicular equipment in the Water and Sewer Department and the use of each vehicle for the Council's review, in the next work session. Mr. Wilder indicate, he would provide this information. Councilman Parker asked if ELMUD was aware of the 1976-1977 budget and their share in the expenses of the South Plant. He asked if ELMUD was still making their monthly payment to the City for its operation and if they were up to date. He asked that this information be presented to the Council in their next worksession. He hoped to avoid any misunderstanding with ELMUD in regard to their share of the operation of the plant. He asked for figures from last year as to what ELMUD paid and then what one-half of the total would be, and he asked that they be billed for the difference, if any, or any overpayment should be remitted to them. Mr. McAlister indicated Mr. VanDever would provide this information. BUSINESS OF THE CITY ATTORNEY JACK HANEY Resolution No. 76-16 Prohibiting Parking on the South Side of 19th Street Between Avenues 0 and R. Mr. Haney said he had prepared the Resolution designating such portions of the south side of 19th Street between Avenue 0 and Avenue R as a zone where no parking shall be permitted at any time, as directed by the Council. Councilman Dickens asked Mr. Hudgens to advise the one resident involved in this Resolution, the Jerry Dowlings, of the City's action in prohibiting parking in front of his home. Mr. Hudgens indicated he would contact Mr. Dowling. Councilman Dickens then moved to adopt the Resolution and Councilman McGlothen seconded the motion. All were in favor and the motion passed unanimously. Resolution No. 76-15 AuthoriziE2 the Administration to Submit a Preapplication for Title I Grant Funds for Community Development Councilman Dickens moved to adopt the Resolution authorizing the Administration of the City of Huntsville to prepare and submit a preapplication for grant funds under Title I of the Housing and Community Development Act of 1974, and adopting a citizens participation plan for community development. Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. MAYOR'S REPORT Water Development Board Public Forum in Fort Worth ' Mayor Waller advised the Council that he attended the public Forum in Fort Worth on October 25, where he made a presentation of the concept for the Texas Water Plan under consideration by the Board. He said the TWQB expenditures have been to the benefit of some 99 different communities in Texas over a period of 15 years, of RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 76-18 Title: COM.BY ACCEPTING GRANT OFFER IN AMOUNT OF ($5,000) Date: 11-09-76 page FORMAL MEETING Mayor Waller turned the meeting over to Frank Moore, Mayor Pro Tem, because he had a previous commitment at the Fire Station for "Bosses' Night" festivities and had to be absent for about 20 minutes. CONSIDER THE MINUTES OF THE PREVIOUS MEETING OCTOBER 26, 1976 Mayor Pro Tem, Frank Moore, then presented the minutes to the Council for their consideration and approval. Councilman Corley moved to accept the minutes as presented and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. BUSINESS OF THE CITY ATTORNEY--JACK HANEY Consider Resolution No. 76-17 authorizing execution of Grant Agreement with the Texas Aeronautics Commission for the airport development project Jack Haney then presented the Resolution No. 76-18 resolving to enter into a Grant Agreement with the Texas Aeronautics Commission by accepting the Grant Offer for TAC Project No. 772-07, dated October 29, 1976, in the amount of $5,000. Jim McAlister, City Manager, advised the Council that the Texas Aeronautics Commission does not take part in any cost overruns in a project, but instead they offer an entire new grant. He said they are offering to us, for these overruns in the airport development project, $5,000, and we will match that amount wit funds that are available,to be qualified to receive these funds. He said these funds are to complete the recon- struction of the apron, taxiway and runway. He said the City must make every reasonable attempt to complete Phase I of this project by January 1, 1977. He said this grant brings the total participation from TAC up to $55,000. Jim McAlister indicated the total cost overruns at this time approximate $40,000+. Jim Hudgens indicated a 10 percent grant increase from the Federal Aviation Administration in the amount of $37,000 is also expected, along with this $5,000 grant from the TAC. Jim Hudgens indicated the cost overruns resulted from a change order in the amount of $15,000+ for additional work just on the apron itself, along with other cost overruns. He said also that some overruns were experienced because when the contractor bid on the contract, he bid on a unit pric basis, based on engineering estimates; subsequently, the material used exceeded the engineering estimate which resulted in the cost overrun. Councilman Dickens moved to accept the Resolution authorizing the City Manager to execute the grant agreeme with TAC for the additional $5,000 and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. I Ordinance confirming the purchase of sanitation equipment and confirming necessity for emergency and notice of RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 76-20 Adele Simpson RESOLUTION NO. 76-20 A RESOLUTION CO`MENDING ADELE SIMPSON UPON THE OCCASION OF LEAVING THE OFFICE OF MUNICIPAL COURT JUDGE FOR THE CITY OF HUNTSVILLE. WHEREAS, ADELE SIMPSON became Judge of the City of Huntsville Municipal Court on October 1, 1973, at which time she undertook the complete reorgani- zation of methods and procedures used in administering the crowded Municipal Court Docket; and, WHEREAS, as a result of her high degree of professionalism, her loyalty and devotion to duty, the Huntsville Municipal Court has become a model of efficiency in the administration of justice within the jurisdiction of said Court, all of which has resulted in fair, speedy, and impartial disposition of the many cases filed in said Court; and, WHEREAS, the said Adele Simpson has further exemplified her outstanding character and professionalism by being chosen as an officer of the Texas Municipal Judges Association and thereby has brought honor and distinction to the City of Huntsville, as well as herself; and, WHEREAS, the said Adele Simpson is leaving such office on December 1, 1976, and the City Council of the City of Huntsville desires to publicly acknowledge the contribution made to this City and its citizens by the outstanding performance of the said Adele Simpson during her tenure as Judge of the Municipal Court, and pursuant thereto this Resolution is made; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that the Honorable Adele Simpson be, and she is hereby officially commended for rendering outstanding services to the City of Huntsville, Texas, during the period of October 1, 1973 to December 1, 1976, while serving as Judge of the Municipal Court. Her superior ability and know- ledge of the legal requisites for organizing and administering the Municipal Court of the City of Huntsville has brought praise and recognition to the City of Huntsville; and BE IT FURTHER RESOLVED that a signed copy of this Resolution be presented to the Honorable Adele Simpson in recognition of her contribution from an appreciative City Government. WHEREUPON said Resolution was duly made and seconded and upon vote, unanimously passed. CITY OF HiNTSVILLE 1 BY: A/ Mor r"-, y. Vc�Iler Portis I. Waller, Mayor ATTEST: c,�;•.i•_ � it / /V C 1 xo wCur_J 1 'Rukh DeShaw, City Secretary A'; r _ 9 t . RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 77-01 Title: THD&CITY-SIGNALIZATION CONTRACT(AND STATE SUPPORT) Date: 01-15-77 Mayor Waller then presented the Resolution No. 77-1 as follows: RESOLUTION NO. 77-1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: SECTION I. That the certain agreement dated * between the State of Texas and the City of Huntsville, for the continued existence, use, operation, and maintenance of certain highway traffic signal(s) at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Huntsville, be and the same is hereby approved, and Mayor Morris I. Waller is hereby authorized to execute said contract on behalf of said City and to transmit the same to the State of Texas for appropriate action. SECTION 2. That this Resolution shall take effect immediately upon its passage. ADOPTED: .January 15, 1977 APPROVED: January 15, 1977 Mr. McAlister indicated this Resolution relates to the City's desire for the State to make the installation of a traffic control signal system along 11th Street (US 190) at the intersections with Avenue 0, Avenue M (FI 247) Sam Houston Avenue (US 75) and Avenue R in the City of Huntsville in Walker County. Councilman Dickens moved to adopt the Resolution and Councilman Parker seconded the motion. All were in favor and the motion passed unanimously. CANVASS THE RETURNS OF THE CITY OFFICERS' ELECTION Mayor Waller then received the envelopes from each of the four Presiding Judges containing the results of the polling in each ward of the City. The results are as follows: WARD ONE RESULTS Mrs. Bob Nimmo, Presiding .Judge 290 Total Votes Cast in Ward 1 NAME OF CANDIDATE TOTAL NUMBER OF VOTES RECEIVED FOR MAYOR Morris I. Waller ** 247 Write-ins: Erwin Ernst 1 Buddy Boone 2 M. M. Rolling 1 W. J. Estelle 1 Larry Corley S Rn C,-- RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 77-3 Otha B. Fails • • ® Resolution No. -i-3 A RESOLUTION OF APPRECIATION M r-tENDING 0THA B. PAILS FOR DEDICATED SERVICE TO THE CITY Of: HUNTSVILLE. WHEREAS, Otha B. Fails began his employment with the City of Huntsville in January of 1957, and WHEREAS, Otha B. Fails served continuously from his date of employment to January of 1977 a period of twenty (20) years; and WHEREAS, Otha B. Pails during his twenty (20) year tenure was a dedicated and faithful employee and his service contributed much to our Community. I401V THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, "TEXAS, TIV T Otha B. Fails is hereby commended for his dedicated seivice to the City of Huntsville and this resolution and the plaque given herewith are a token of esteem and appreciation for said service. ® APPROVED this the 26th day of January, 1977. FOR THE CITY of HUNTSVILLE, TEXAS SEA1, By: florris I. Waller, Mayor ATTEST Ruth DeShaw, City Secretary 1 RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 77-04 Title: TELECABLE/TELE-COMMUNICATIONS MERGER Date: 01-26-77 Mayor Waller then called upon the City Attorney, Martin D. Colley, to administer the Oaths of Office. Dir. Colley asked that the elected Councilmembers rise and raise their right hand. He then administered the oaths to.Councilmembers fang, Daigle, Parker and DicGlothen. 'Mr. Colley then swore in the Honorable Morris I. Waller for another two year term as Mayor of the City of Huntsville. (Note: terms actually to expire for all sworn in on this date on November 1, 1973, because the election was postponed from October, 1976 to January, 1977, as required by the Voting Rights Act.) Mayor Waller then welcomed the incumbents back for another term and expressed the Council's pleasure in having Mr. Wayne Daigle as Councilmember from Ward 2 to join them in their work. CONSIDER RESOLUTION OF APPRECIATION FOR OTHA B. FAILS Mayor Waller then announced it is his distinct pleasure to award a Resolution and Plaque of Commendation to a loyal and long-time employee of the City, Otha B. Fails, who began his service with the City in January of 1957, to the present, a period of twenty years. Mr. Waller then read the Resolution and presented the Resolution and Plaque to Mr. Fails. Dir. Fails expressed his happiness in having been able to earn such a recognition from the Citv. CONSIDER RESOLUTION OF MERGER OF TELE-COMMINICAT IONS, INC. Mr. Martin D. Colley, the City Attorney, then read Resolution No. 77-4 to the City Council. The Resolution indicated the Council's approval of the statutory assignment of the Telecable Franchise from Telecable, Inc. of Huntsville to Community Tele-Communications, Inc., because of its merger into its parent corporation, along with all rights, duties, and obligations of Telecable, Inc. of Huntsville under said franchise and all related permits, licenses, easements, and contracts, without limitation or qualification. Councilman Parker moved to adopt the Resolution and Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RATIFICATION OF TOURIST BUREAU BUDGET Jim McAlister then presented the 1977 Proposed Budget from the Chamber of Commerce for the Visitors & Conven- tion Department. He said the 1977 estimated income is $40,700; the 1976 cash carryover is $6,355 and the total estimated 1977 revenue, including this cash carryover is $47,555. He asked the Council for their ratification of this budget. Councilman Parker moved to accept the budget as presented and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Councilman Dickens reminded the Council and those present that these funds are derived from the hotel/motel occupancy tax. CONSIDER RESOLUTION FOR NATIONAL FLOOD INSURANCE ENFORCEMENT City Manager, Jim McAlister read the caption of the Resolution to the Council, as follows: RESOLUTION NO. 77-5 A RESOLUTION AMENDING RESOLUTION NO. 74-32 FINDING THAT THE CITY OF HUNTSVILLE, TEXAS HAS HERETOFORE ADOPTED THE SOUTHERN STANDARD BUILDING CODE AND CONFIRMING THAT THE RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 77-5 City Eng.to Review Permits in Flood Zone Area 05-24-77 RESOLUTION NO. 77-5 A RESOLUTION NMENDING RESOLUTION NO. 74-32 FINDING THAT THE CITY OF HUNTSVILLE, TEXAS HAS HERETOFORE ADOPTED THE SOUTHERN STAN- DARD BUILDING CODE AND CONFIRMING THAT THE CITY ENGINEER SHALL REVIEW ALL APPLICATIONS FOR BUILDING PEPMITS, AS PRESENTLY REQUIRED BY CURRENT CITY ORDINANCES, BY ADDING CER- TAIN SECTIONS AS REQUIRED BY THE NATIONAL FLOOD INSURANCE PROGRAM. WHEREAS, Section 1 of Resolution No. 74-32 shall be amend- ed by the addition of Section 1 (a) as follows: 1.(a) That the City Engineer shall require permits for all proposed construction and other developments (man- made changes to improved or unimproved real estate, including but not limited to buildings or other struc- tures, mining, dredging, filling, grading, paving, excavation or drilling operations) including the placement of mobile homes, within Zone A on the City's Flood Hazard Boundary Map); and WHEREAS, the following Sections 4, 5, 6, 7, 8, 9, 10, and 11 are added to Resolution No. 74-32, as follows: 4. That the City Engineer shall review proposed devel- ment to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, includ- ing Section 404 of the Federal Water Pollution Con- trol Act Amendments of 1972, 33 U.S.C. 1334; and 5. That the City Engineer shall require that all subdi- vision proposals and other proposed new developments greater than 50 lots or 5 acres, whichever is the lesser, include within such proposals base flood ele- vation data; and 6. That the City Engineer shall obtain, review, and rea- sonably utilize any base flood elevation data avail- able from a Federal, State, or other source, until such other data has been provided by the Administra- tor, as criterea for requiring that (i) all new con- struction and substantial improvements of residential structures have the lowest floor (including basement) elevated to or above the base flood level and (ii) all new construction and substantial improvements of non- residential structures have the lowest floor (includ- ing basement) elevated or flood proofed to or above the base flood level; and 7. That the City Engineer shall for the purpose of the determination of applicable flood insurance risk premium rates within Zone A on the City's Flood Hazard Boundary Flap, (i) obtain the elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantial- ly improved structures, and whether or not such struc- tures contain a basement, (ii) obtain, if the struc- ture has been floodproofed, the elevation (in rela- tion to mean sea level) to which the structure was floodproofed, and (iii) maintain a record of all such information with the official designated by the City Engineer; and 8. That the City Engineer shall notify, in riverine sit- uations, adjacent communities and the State Coordi- nating Office prior to any alteration or relocation of a watercourse, and submit copies of such notifi- cations to the Administrator; and 9. That the City Engineer shall assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained; and 10. That the City Engineer shall require that all mobile homes to be placed within Zone A on the City's Flood Hazard Boundary f-lap shall be anchored to resist flo- tation, collapse, or lateral movement by providing over-the-top and frame ties to ground anchors. Spe- cific requirements shall be that (i) over-the-top ties be provided at each of the four corners of the mobile homes, with two additional ties per side at intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side; (ii) frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long re- quiring four additional ties per side; (iii) all com- ponents of the anchoring system be capable of car- rying a force of 4,800 pounds: And (iv) any additions to the mobile home be similarly anchored; and 11. That the City Engineer shall require that an evacua- tion plan indicating alternate vehicular access and escape routes be filed with appropriate Disaster Prepardness Authorities for mobile home parrs and mobile home subdivisions located within Zone A on the City's Flood Hazard Boundary Flap. Now therefore be it resolved that these sections shall be- come a part of Resolution No. 74-32 of the City of Huntsville. WHEREUPON, said Resolution was duly made and seconded and passed by unanimous vote on this the qday of May, 1977. THE CITY OF HUNTSVILLE, TEXAS BY/��' 'Z Z� MORRIS I. WALLER, Mayor AT . O� lQ R TH eSHALJ, City Secretary A OVED AS TO FORM: ARTIN D. COL EY, City Attorney RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 77-06 Title: CONSTRUCTION ON 16TH FROM SYCAMORE TO LOOP 405 Date: 02-08-77 LO 00axn c arirication in tuis regar rom Davi - son Engineering so that the Council can have a clearer understanding of the contract's terms. A related note, Mayor Waller indicated the ELMUD Board has decided that the capacity for lift station 2-2 near the post office is sufficient for ELMUD use until 1990 in accordance with their calculations. Therefore, he said, they would decline to participate in the expansion of that lift station at this time and undertake full responsibility for it at the time that expansion is necessary. Mayor Waller noted that the participation percentage on behalf of the ELBfUD District is 14.78 percent according to the full capacity of that lift station and their amount is $5,787. Since the City of Huntsville is undertaking to provide full expansion of that lift station for its use in excess of the period to 1990, he recommended to the Council that they approve this contract subject only to ELIUD's participation so that the full capacity of that lift station is provided for now by both parties and that the discussion won't come up in 1990 of who will pay for what when where and how. He assumed the City will take final action on this in the next council meeting when the final contract will be discussed once again. CONSIDER RESOLUTION ACCEPTING PROVISIONS FOR CONSTRUCTION ON 16TH STREET FROM SYCAMORE STREET TO LOOP 405 Mayor Waller then presented Resolution No. 77-6 to the Council. This Resolution accepts the provisions of the State Highway and Public Transportation Commission Minute Order No. 72212 passed by the State Highway and Public Transportation Commission on January 20, 1977 for the improvement by the State Department of Highways and Public Transportation on the roads described below and the City of Huntsville agrees to furnish all required right-of-way clear of obstructions and free of cost to the State: "Construction on 16th Street from Sycamore Street to Loop 405, a distance of approximately 0.7 mile." Councilman Moore moved to adopt the Resolution and Councilwoman King seconded the motion. all were in favor and the motion passed unanimously. Ir. McAlister noted the specifications of the State Highway Department are not the same as those required of the City for a City street; their standards being less than the City's, but sufficient for the funds that are available. Councilman Parker then noted that if the State Highway Department can change their specifications to meet needs and funds in the area of street construction, then perhaps they can also modify their warrants for signalication and reconsider the placement of a signal at Normal Park on 11th Street. Councilman Dickens indi- cated this is a serious question and the City does want a signal at 11th and Normal Park, and perhaps this is a way to get at it. Councilman McGlothen indicated while considering this proposal, to include the request for a signal at Avenue F and 11th Street also. Mayor Waller asked Mr. McAlister to look into this possibility. Ir. McAlister indicated he would give it his "best shot." CONSIDER BIDS ON ROOF REPAIR ON FIRE STATION NO. 2 Mr. McAlister then presented the three bids received on the repair of the roof as follows: Hardy Lumber Company $2,495.00 including deck repair Henry Coleman Home Remodeling $2,158.26 including deck repair J. H. Neiderhofer $1,863.00 (with deck repair: $1,938.00) i Mr. McAlister said Mr. Neiderhofer's bid did not allow for any decking that may need to be replaced. He said the other two bidders did take this into RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 77-7 William T. Moore, Senator RESOLUTION NO. 77-7 A RESOLUTION COMMENDING SENATOR WILLIAM T. MOORE OF SENATORIAL DISTRICT FIVE, STATE OF TEXAS, FOR OUT- STANDING SERVICE TO THE PEOPLE OF WALKER COUNTY, TEXAS ON OCCASION OF COMMENCING HIS ELEVENTH YEAR OF SERVICE TO THE CITIZENS OF SUCH COUNTY. WHEREAS, by Acts of the Texas Legislature in the year 1965 the then Senatorial District in which Walker County, Texas was located was redistricted into Senatorial District Number Five and in the en- suing election in the year 1966 the Honorable William T. Moore of Bryan, Brazos County, Texas, became for the first time the State Senatorial Representative for the people of Walker County although he had represented other counties most ably in the Texas Senate for some years prior to said dates; and, WHEREAS, during the ten years that have passed, the Honorable William T. Moore has performed great service for the people of Huntsville and Walker County, Texas, by ably representing the best interest of the citizens of this community in the Texas Senate and in particularly, ably overseeing legislative budgets and enactments relative to Texas State Agencies located within this County and City which include among others, Sam Houston State University and the Texas Department of Corrections; and, WHEREAS, on this the beginning of the eleventh year of service to the people of this community, the stature and greatness of the said William T. Moore to the economic and sociological life of this commun- ity has once more proven invaluable by his appearance in behalf of the citizens of this community and of the State of Texas before the Co- ordinating Board, Texas College and University System to urge that appointed body to act in the best interest of all the people of Texas and existing State institutions, such as Sam Houston State University, by declining to endorse the creation of a University of Houston, Woodlands Campus, in Northern Harris and Southern Montgomery Counties, Texas, even though such project had received great support and publi- city by persons of political and public eminence in the City of Houston, Texas; and, WHEREAS, the City Council of the City of Huntsville, Texas, fee that the appearance of the Honorable William T. Moore was persuasive and instrumental in sustaining the economic and sociological environ- ment of this community by the subsequent and ultimate action of the said Coordinating Board and that such action on his part should be recognized by his constituency by public commendation from a grateful people and that a copy of this Resolution be duly presented to the said Senator William T. Moore to communicate this public body's recog- nition of such dedicated service. WHEREUPON said Resolution was duly made and seconded and upon vote, unanimously passed on this the 8 th day of February, 1977. MORRIS I. WALLER, MAYOR ATTEST: RUTH'-DeSHAW ? a } City Secretary . RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 77-8 Jimmie C. Edwards , RESOLUTION NO. 77-8 A RESOLUTION COMMENDING THE HONORABLE JIMMIE C. EDWARDS, III, REPRESENTATIVE FROM THE EIGHTEENTH LEGISLATIVE DISTRICT FOR OUTSTANDING SERVICE TO THE PEOPLE OF HUNTSVILLE AND WALKER COUNTY, TEXAS. WHEREAS, the Honorable Jimmie C. Edwards, III, a resident of Conroe, Montgomery County, Texas, is the Legislative Representative for the Eighteenth Legislative District of the State of Texas com- prising Walker and Montgomery Counties, Texas, and has so served in such capacity for two prior terms; and, WHEREAS, the said Jimmie C. Edwards, III, has in said prior terms of office served the people of Huntsville and Walker County, Texas, in a most favorable and outstanding manner by insuring that the citizens of this community be heard in the day to day activities of State governmental matters which have a continuing daily impact on the economic and sociological environment of Huntsville and Walker County by virtue of the agencies of the State government permanently located in this community, including Sam Houston State University and administrative and other units of the Texas Depart- ment of Corrections plus insuring that the overall operation and function of State government is administered in the best interest of all of the people of the State of Texas, including those citizens of the Eighteenth Legislative District; and, WHEREAS, the said Jimmie C. Edwards, III, is now beginning his third legislative term in the Texas House of Representatives and has once more demonstrated his high regard for principle and integrity by appearing before the Coordinating Board, Texas College and Uni- versity System at a regularly constituted meeting of said Board in Austin, Texas, and asking that that appointive body consider the best interest of all universities and colleges in the State of Texas, and therefore the people of the State of Texas, in recognizing the lack of need at this time for the creation of a Woodlands Campus of the University of Houston. Such conduct on the part of the Honorable Jimmie C. Edwards, III, was true professionalism in the representativ sense and was indeed, a decision for the benefit of all the people in Texas and in particular the citizens and economy of Walker County, Texas, by virtue of the possible damaging influence and additional university level educational institution at such location would have on Sam Houston State University. This decision, while benefiting the people of Texas and Walker County, was in all probability con- trary to the wishes of some constituents whose own personal interes in Montgomery County, Texas, would have better been served by the establishment of such additional institution; and, WHEREAS, the City Council of the City of Huntsville, Texas, recognizes that the courageous stand of the Honorable Jimmie C. Edwar III, was instrumental in the resulting decision of the Coordinating Board, Texas College and University System and that official recog- nition of the service performed by Representative Edwards to the citizens of this area should be acknowledged, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY O HUNTSVILLE, TEXAS, that the Honorable Jimmie C. Edwards, III, Repre- sentative of the Eighteenth Legislative District be, and he is hereby j in all things, publicly commended for outstanding service to the citizens of this district, and of this community and that a copy of this Resolution be publicly presented as a small token of appreciation by one governmental body to a member of another governmental body for performing his legislative responsibility with the utmost degree of integrity and professionalism. WHEREUPON SAID RESOLUTION WAS DULY MADE AND SECONDED, AND UPON MOTION,DULY PASSED BY UNANIMOUS VOTE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ON THIS THE 8 th DAY OF FEBRUARY, 1977. CITY YOOF� HUNTSVILLE /J MORRIS I. WALLER, MAYOR ATTEST: i RUT D SHAW City Secretary ' I I Ii �i IPI I II f i4 pl i 1I Ih �.,`�n±!"..x`\'gnwa-.�.'Tc.Rwam:•',..vs�tY£+�:;.a?,t c:+' - neaF`�..,u' �.: "?-.-.ky?.-T'Y.cM^'4�+: •z�*'3`TKW`,,y'Ys+&t'oF<mn�mv-. RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 77-10 Title: COMMENDING R.H.WIDNER, SR. Date: 03-29-77 $3.00 per month per mile which comes to around $5,000 a year. All of this increases our present Teletype opera- tion to 510,100 per year. Chief Burch recommended the Council award participation in the High Speed Land Line Communication System. Councilman Parker moved to replace the Teletype System with the High Speed Land Line Communication System as recommended by the Chief of Police, Gail Burch in his memorandum of March 15, 1977. Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Councilman Parker then moved to adopt the Resolution No. 77-11 with HGAC which certifies the City's adoption of the High Speed Land Line Communications System and certifies that the City meets the eligibility requirement for participation. Councilman Corley seconded the motion. .all were in favor and the motion passed unanimously. Councilman Parker then moved to authorize the transfer of $2,434.30 from General Fund Contingency to the Police Department Budget for the completion of the High Speed Land Line transmission system as per the Resolution. Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Mr. McAlister informed the Council that the City had just received from TIL its dividend check from the Workmens' Compensation Fund in the amount of $7,600, $3,600 over what was anticipated. He said this check will be deposited into the General Fund Contingency and will then establish the new balance of $7,149 in this fund. WWOR'S SECTION--MORRIS I. WALLER Resolution 77-10 Commending R. H. Widner, Sr. for Outstanding Service Mayor Waller then read the following Resolution to the Council: WHEREAS, on February 23, 1977, the City of Huntsville and surrounding areas were buffeted by dry winds of a very high velocity which can increase the incidence and compound the chances of outbreak and the danger inherent in fighting grass fires; and WHEREAS, the City Fire Marshal, Mr. H. B. Toney, and Fireman, Mr. Tommy Grisham, responded to the scene of such grass fire one mile north of Riverside, Texas, between Highway 19 and FM 405 to fight that fire; and WHEREAS, in the performance of their duty, the fire truck became vulnerably stuck thereby necessitating a call for assistance that was made by the Sheriff's radio dispatcher; and WHEREAS, Mr. R. H. Widner, Sr. responded to the call and upon arrival at the scene, without regard for his personal safety or the safety of his vehicle, drove through the wall of fire in order to assist Fireman Grisham in loading the critically injured and burned Fire Marshal into the cab of his wrecker for transport to the waiting ambulance; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville that notice of his selfless deed and commendation are due to Mr. R. H. Widner, Sr. for this act of courage and assistance to his fellow man during this recent tragedy. WHEREUPON, this Resolution was duly made and seconded by unanimous vote of the City Council on the 29th day J of March, 1977 and to certify which the Mayor of said City has hereto set his hand and caused the seal to be affixed hereto. Mayor Waller then presented the Resolution to Mr. R. H. Widner, Sr. on behalf of the City Council and the citizens of Huntsville in recognition of his outstanding courage and assistance. Councilman Parker moved to adopt the Resolution as presented and Councilman Dickens seconded the motion. 411 were in favor and the motion passed unanimously. EXECUTIVE SESSION Mayor Waller then called for an executive session to discuss legal and personnel matters. -R7thDe ly submitted / Ria, City Secretary March 29, 1977 Note: The computer bids were not discussed in this meeting because Administration was not quite ready, technically, to discuss or decide on this issue at this time. it RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 77-11 Land Line Communication System RESOLUTION 77-11 CITY OF HUNTSVILLE WHEREAS, Huntsville wishes to participate in a Houston-Galveston Area Council project designed to improve law enforcement by upgrading the operating efficiency of regional law enforcement agencies with the acquisition of new, improved high speed video (CRT) telecommunications terminals to replace the existing teletype units and add new subscribers on Texas' Law Enforcement Telecommunications Network (TLETN), and; WHEREAS, it is recognized that Criminal Justice Division funding is available to those units of government who agree to accept the lawfully promulgated rules and regulations for administration of grants so funded, and; WHEREAS, Huntsville is desirous of obtaining Criminal Justice Division funding of a portion of the purchase price and first year's maintenance cost of the new terminal, and; WHEREAS, Huntsville recognizes that the portion of the purchase price and first year's maintenance cost required to be paid by Huntsville will be an amount not to exceed $3,984.30, and that subsequent years' maintenance costs will not be funded by the Houston-Galveston Area Council nor the Texas Criminal Justice Division, and that those subsequent years' maintenance costs are contractually guaranteed at $105 per month, $1,260-per year, until January, 1982, and; WHEREAS, an agency receiving equipment under the project will be required to provide a suitable site for the equipment to include a sturdy table or desk for the equipment to be placed upon and an electrical circuit providing for three (3) 115 VAC electrical outlets, within five (5) feet of the physical location of the terminal, three-prong, grounded, type capable of providing up to five (5) amperes of current to each of the three (3) outlets. NOW, THEREFORE, BE IT RESOLVED that Huntsville consents to and authorizes the Houston-Galveston Area Council to submit a grant application to the Criminal Justice Division and to execute a contract with International Com- munications Corporation (IOC) for the purchase and maintenance of one (or more) high speed video (CRT) terminal devices; and, BE IT FURTHER RESOLVED, that Huntsville agrees to pay the cash commitment required to participate in the project and that Huntsville will cooperate with the Houston-Galveston Area Council and International Communications Corporation to set up a billing and payment procedure that will allow for a smooth transi- tion when the funded project expires after 12 months; and, agrees to continue the operation of funded equipment, using locally budgeted funds, for law enforce- ment or Criminal Justice purposes for the useful life of the equipment. BE IT FURTHER RESOLVED, that Huntsville certifies by adoption cf this resolution that the City of Huntsville meets one of the following eligibility conditions for participation in this project: a. Replacement of an existing terminal or teletype already on the _2- Texas Law Enforcement Telecommunications Network (TLETN), or; b. Has 24-hour, 7 days per week, dispatching with one or more people on duty to operate radio and terminal equipment, or; c. Has at least 18-hour dispatching, 7 days per week and has 10 full- time commissioned and certified police officers or deputies, not including the Chief of Police nor other city official who may be commissioned and/or certified, or; d. Has at least 12-hour dispatching, 7 days per week and is the only terminal equipped law enforcement agency within a 50 mile radius and is willing to serve as an inquiry point for all other law enforcement agencies in the immediate vicinity. DULY ADOPTED at a meeting of the City of Huntsville's City Council on the 29th day of March, 1977. (SEAL) THE CITY OF HUNTSVILLE, TEXAS ATTEST: �D. aw, City Secretary AAPPVED AS TO FORM: Martin D. Colley, City Attorney RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 77-12 Title: DESIGNATES CERTAIN ST.AS RESIDENTIAL Date: 04-12-77 duns ox Lizy streets wnicn run in tront or private properties--abandonment meaning the City would no longer maintain the street. Consideration of a Resolution (77-12) Designating Certain Streets as Residential. Mr. Haney then indicated this Resolution would designate Hickory, Pine, Oak, Pecan, Bois d'Arc, and Cedar Drives within the City limits of Huntsville as residential streets and prohibiting certain truck traffic thereon. Mr. Haney indicated this Resolution does not have a weight limit on it but the City has an ordinance passed in 1970 which prohibits trucks with a gross weight of 5,000 pounds or more on any City street. This Resolution would allow the installation of signs on those named streets, prohibiting truck traffic. He said he felt the Ordinance of 1970 can be enforced. Councilman Corley moved to adopt the Resolution as discussed and Councilman Dickens seconded the motion. All were in favor and the motion carried. Councilman Dickens questioned the 1970 ordinance prohibiting 5,000 pound trucks from the residential streets, and lie felt this ordinance should be amended to a more realistic weight. Mr. Haney clari_'ied this ordinance meant leaving such 5,000 vehicle by way of "stopping, parking, or leave standing," whether attended or unattended any truck or truck tractor. %fr. Haney said this Ordinance does not address travelling over the streets, only the stopping, parking and standing of such vehicle. MAYOR'S REPORT--MORRIS I. WALLER Proclamation--Private Property Week Mayor Waller then read the Proclamation to the Council declaring Private Property Week in Huntsville on .April 17-23, 1977. Executive Session Mayor Waller then called for an Executive Session for the purpose of discussing legal and personnel matters. MEETING ADJOURNED AND THEN RECONVENED Consider Liquidated Damages on the Moore Contract (South Huntsville Sewer Project) The Council reconvened to take action on this matter. Councilman Corley moved to accept the staff's negotiated position with Moore Construction Company which was that Moore would relinquish any claims against the City for additional costs of tunneling, providing the City would excuse liquidated damages debited to the project. Councilman Amick seconded the motion. All were in favor and the motion passed unanimously. This action finalizes the South Huntsv4.1le Sewer Project and authorizes final payment to Moore to complete the grant process. S ctfully s�m�at✓ted, -'Ruth DeShaw, City Secretary ` April 12, 1977 RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 77-13 Title: ACCEPTS FAA GRANT$375,000 Date: 05-03-77 Page 171 THE CITY COUNCIL MEETING OF THE HUNTSVILLE CITY COUNCIL HELD ON THE 3RD DAY OF MAY, 1977 IN THE CITY HALL COUNCIL CHAMBERS, 1212 AVENUE M, HUNTSVILLE, WALKER COUNTY, TEXAS, AT 7:00 P.M. The Council met in a regular session with the following members present: Morris I. Waller, Mayor John Amick Larry Corley Wayne Daigle E. Larry Dickens Delora King Goree McGlothen Members absent: Frank Moore Jack C. Parker - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CONSIDER RESOLUTION ACCPETING FAA GRANT OFFER FOR AIRPORT IMPROVEMENTS Mayor Waller then presented Resolution No. 77-13 to the Council which indicated the City has submitted a project application dated 21 April 1977 to the FAA requesting federal participation in the amount of $375,000 for improvements at the Huntsville Memorial Airport and noted that FAA has issued a grant offer dated 29 April 1977 which provides a commitment of federal funds in the amount of $375,000. He then read the Resolution in its entirety. The Resolution also authorized and directed the City Manager, Jim McAlister to execute the grant agreement for and on behalf of the City of Huntsville. The Council then reviewed the aspects of Phase II improvements for the airport. After some discussion, Councilman Corley made the motion and Councilman Daigle seconded it to adopt the Resolution as read. All were in favor and the motion passed unanimously. ADJOURNMENT There being no further formal business of the Council, they then adjourned into their regularly scheduled work session. espe fully submitted, n RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 77-16 Adult Slow Pitch Softball CITY OF HUNTSVILLE RESOLUTION NO. 77-16 WHEREAS, THE ADULT SLOW PITCH SOFTBALL LEAGUE of Huntsville has been organized for three years; and WHEREAS, during those three years, the league has steadily grown in numbers of teams, players, and quality of competition; and WHEREAS, out of this quality of league competition has evolved a number of very respectable teams to represent Huntsville in District, Regional, and State competitions; and WHEREAS, the TINSLEY BUCS have been undefeated in three years of league competition, have been District Champions for three years, have never lost a game at the District Tournament, and presently hold a record of 65 wins and 9 losses. NOW THEREFORE, BE IT RESOLVED by the City Council, City of Huntsville that heartiest congratulations be bestowed on the TINSLEY BUGS team through its Manager, Mr. John Lindsey, with best wishes for a successful A.S.A._. State Tournament, with hopes the TINSLEY BUCS will bring back the Champion- ship Trophy from the State A.S_A. Tournament, to be held July 30 and 31 in Midland, Texas. WHEREUPON, said Resolution was duly made, seconded, and passed by unanimous vote of the City Council of Huntsville, Texas on the 26th day of July, 1977, and to certify which the Mayor of said City has hereto set his hand and seal of the City to be hereto affixed. THE CITY OF HUNTSVILLE, TEXAS BY: 10 MORRIS L WALLER, MAYOR ATTEST: RUTH DESHAW, CITY SECRETARY RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 77-17 Walker Co. Activity Program . 5 RESOLUTION NUMBER 77-17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, TRANFERRING TO THE WALKER COUNTY ON HUMAN RELATIONS RESPONSIBILITIES HERETOFORE UNDERTAKEN BY THE CITY OF HUNTSVILLE IN BEHALF OF THE AGED AND FURTHER RELEASING AND/OR TRANSFERRING GRANT MONIES ON HAND TO THE SAID COUNCIL AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City of Huntsville, Texas, and the Board of Direct.01_:: of the Walker County Council on Human Resources (WCCHR) desire to t.iansfex the administration of the Walker County Multi-Purpose Activity Progjam for the Aging (WCMAPA) from the City of Huntsville to the Walker County Council on Human Resources. The City of Huntsville through its Parks and Recreation Division has heretofore operated the Walker County Multi- Purpose Activity Center for the Aging at the Emancipation Park Recreation Building and Library. Funds for the program are derived from a Title III Area Agency on Aging (AAA) Grant administered through the Houston- Galveston Area Council (HGAC). The City of Huntsville desires to transfer the administration of the existing program together with the estimated remaining balance of FY 1977 Grant Funds in the amount of $ 9,515 all of which would be in the best interest of the program and the people participating in same. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF- THE CITY_ OF HUNTSVILLE, TEXAS, (1) That the City of Huntsville, Texas, terminate participation in the Walker County Multi-Purpose Activity Program for the Aging and that the responsibility for the continuation of such program be, and the same is hereby assigned, transferred and set over unto the Walker County Council on Human Relations, a non-profit corporation which shall continue said program until the grant of operating funds expires on December 31, 1977. Such transfer shall be further subject to'-the following: (a) The completion by the City of Huntsville of an internal audit of the received and expended grant funds through September 10, 1977. The Council on Human Resources shall absorb the fundfi on hand into the Council's operating budget. (b) The Walker County Council on Human Relations will assume respon- sibility for existing contractual programs on the effective dale of the transfer until the expiration of the contract period on December 31, 1977. (c) The Walker-County Council on Human Relations shall make a satisfactory arrangement with the Commissioner's Court of Walkeir County, Texas, for transfer of the transportation agreement currently in force between Walker County and the City of Huntsville. (d) Such transfer of funds and responsibilities for the aged program shall be contingent upon approval by the Houston-Galveston Area Council. BE IT FURTHER RESOLVED by the said City Council that all funds on hand to be transferred to the Walker-County Council on Human Relations shall only be funds received by the City of Huntsville under the Title III Area Agency on Aging Grant. No funds of the City of Huntsville derived from tax payments or other public sources shall be transferred. BE IT FURTHER RESOLVED that the Walker-County Council on Human Relations shall be entitled to use public buildings and recreational facilities located in the Emancipation Park under the existing rules and regulations applicable to the use of public facilities maintained for such purpose by the City of Huntsville, Texas. WHEREUPON said Resolution was duly made and seconded and upon vote unanimously gassed on the 30th day of August, 1977, and in certification of which the Mayor has set his hand and caused the seel of the City to be affixed hereto and attested by the City Secretary. CITY OF HUNTSVILLE,�TTEXAS l BY MORRIS I. WALLER, MAYOR TEiDeS HAW C Y T Y OVED AS T FORM,;. MARTIN D. COLLEY CITY ATTORNEY RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: �dcjpt�tsn of 77- 7) 3t��+ �j- 7- 77 RESOLUTION NO. 77-18 A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PERIOD OCTOBER 1, 1977 THROUGH SEPTEMBER 30, 1978, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SUCH BUDGET. WHEREAS, the Charter of the City of Huntsville, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of Huntsville, Texas, prior to the beginning of the fiscal year of such City, and that a public hearing be held prior to the adoption of such budget; and, WHEREAS, the budget for the year October 1, 1977 through September 30, 1978, has heretofore been presented to the City Council and due deliberation had thereon, and a public hearing having been held as required by law and all comments and objections have been considered: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, THAT, the budget for the City of Huntsville, Texas, now before the said City Council for consideration, be, and the same is hereby adopted as the budget for said City for the period October 1, 1977 through September 30, 1978; BE IT FURTHER RESOLVED, that the said City Council finds that all things requisite and necessary to the adoption of said budget have been performed as required by Charter or Statute. THE CITY OF HUNTSVILLE,j/TEXAS Morris I. Waller, Mayor ATTEST: th DeShaw, CiKSectary /�=7� City Attornj RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 77-19 Supporting Option For Cities to Part.-S.S. 10-11-77 RESOLUTION NO. 77-19 WHEREAS, the Texas Municipal League will hold its annual conference in San Antonio on October 15, 1977 for the purpose of considering business and resolutions that affect cities for the coming year; and WHEREAS, the U. S. House of Representatives' Subcommittee on Social Security recently voted to mandate social security coverage for all cities, where now cities have the local optionof participating in the program; and WHEREAS, by its own admission, the Federal Government acknowledges that the Social Security Fund is in a precarious financial state, not actuarially sound, and at present trends will be bankrupt in just five years; and WHEREAS, the U. S. Congress continues to vote increased benefits from the fund which will necessitate increased costs to all participants and employers even though the fund has no guarantee of being solvent for future generations, and these increased costs are causing even more financial burdens on employee and employer; and NOW, THEREFORE, BE IT RESOLVED that the City Council. of the City of Huntsville seeks the joint support of all other Texas cities through the Texas Municipal League in soliciting their support of a resolution which will allow cities the option of participation in the Social Security System on a local option basis as opposed to a required participation by a Federal Law;that refuses to provide a sound, financially supported system. PASSED AND APPROVED this the 11th day of October, A. D., 1977. THE CITY OF HUNTSVILLE, TEXAS Morris I. Waller, Mayor ATTEST: AeSh.., itySecretary RESOLUTION NO. 77-19 WHEREAS, the Texas Municipal League will hold its annual conference in San Antonio on October 15, 1977 for the purpose of considering business and resolutions that affect cities for the coming year; and WHEREAS, the U. S. House of Representatives' Subcommittee on Social Security recently voted to mandate social security coverage for all cities, where now cities have the local option of participating in the program; and WHEREAS, by its own admission, the Federal Government acknowledges that the Social Security Fund is in a precarious financial state, not actuarially sound, and at precept trends will be bankrupt in just five years; and WHEREAS, the U. S. Congress continues to vote increased benefits from the fund which will necessitate increased costs to all participants and employers even though the fund has no guarantee of being solvent for future generations, and these increased costs are causing even more financial burdens on employee and employer; and WHEREAS, the U. S. Congress is willing to mandate participation in the fund without also mandating a fund that is actuarially sound for past and future participants because of their practice of "buying votes at the expense of future generations' debts and past participants' loss of funds." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntsville seeks the joint support of all other Texas cities through the Texas Municipal League in soliciting their support of a resolution which will allow cities the option of participation in the Social Security System on a local option basis as opposed to a required participation by a Federal Law that refuses to provide a sound, financially supported system. PASSED AND APPROVED this the day of October, A. D., 1977. THE CITY OF HUNTSVILLE, TEXAS (SEAL) By: Morris I. 19aller, Mayor ATTEST: Ruth DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 77-21 1977Tax Roll RESOLUTION 77-21 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: That the 1977 Assessment Rolls of the City of Huntsville, heretofore having been approved by the Board of Equalization of the City of Huntsville, Texas, on June 13. 1977 , for the year 1977, are C hereby approved by the City Council of the City of Huntsville, Texas. That it is hereby officially found and determined that the meeting at which this resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED this � day of !/�7�/�_PjL/ 1977. City of Huntsville NttO RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Ordinance77 Streets to SHSU ORDINANCE NO. 77-5 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DETERMINING THAT A NECESSITY EXISTS IN THE PUBLIC INTEREST FOR CLOSING AND OTHERWISE TERMINATING THE RIGHT OF ACCESS OF THE GENERAL PUBLIC IN AND TO CERTAIN STREETS IN SAID CITY AND OTHERWISE TRANSFERRING AND ABANDONING UNTO THE BOARD OF REGENTS, TEXAS STATE UNIVERSITY SYSTEM, FOR THE USE AND BENEFIT OF SAM HOUSTON STATE UNIVERSITY, THE INTEREST OF THE CITY OF HUNTSVILLE IN AND TO SAID STREETS; PROVIDING THAT MAINTENANCE OF SAME SHALL BE THE RESPONSIBILITY OF SAM HOUSTON STATE UNIVERSITY; PROVIDING FURTHER THAT NOTWITHSTANDING THE ABANDONMENT OF THE GENERAL PUBLIC'S RIGHT TO USE OF SAID STREETS THAT ANY PRIVATE PROPERTY OWNER OR USER THEREOF SHALL NOT BE DENIED ACCESS IN AND TO ANY SUCH STREET SITUATED IMMEDIATELY CONTIGUOUS TO ANY PRIVATE PROPERTY; RESERVING UNTO THE CITY OF HUNTSVILLE ALL TITLE IN, AND TO ANY WATER OR SANITARY SEWER LINE; PROVIDING FOR ACCESS FOR EMERGENCY VEHICLES AND CONTAINING OTHER PROVISIONS INCIDENT THERETO. WHEREAS,by Ordinance dated April 9, 1974, the City Council of the City of Huntsville, Texas, determined that the master plan for the development of the City of Huntsville and the master plan for the development of Sam Houston State University were compatible with one another and each provided for orderly growth in a manner consistent with the general interest of the public at large; and, WHEREAS, the City Council of the City of Huntsville further found that the public interest would best be served by the closing of certain streets as named in said Ordinance; and, WHEREAS, it now appears that Sam Houston State University desires to implement a portion of the master plan for said University and such implementation requires additional legislation upon the part of the City of Huntsville in relinquishing, terminating, and otherwise abandoning extension of streets previously abandoned; and, WHEREAS, after due notice a public hearing was had and held in the Council Chambers of the City of Huntsville before said City Council on the 26th day of April, 1977, at which hearing representatives of private property owners affected by such proposed closing of streets appeared and testified regarding such action. The City Council at the conclusion of said public hearing determined, and hear now confirms, that the public interest in general would best be served by terminating the interest of the City of Huntsville, and the public in general, in and to certain streets with provision for access by any and all private property owners or their patrons whose property abounds upon or is contiguous to any such street included in the termination of the public interest therein. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Huntsville, Texas, that the following Ordinance transferring, vacating, and otherwise abandoning unto the Board of Regents, Texas State University System, for the use and benefit of Sam Houston State University, certain streets located within the corporate limits of the City of Huntsville, Texas, be as follows: Section 1: The interest of the general public at large is hereby terminated and abandoned for travel purposes over and across 17th Street as presently used and traveled within the City Limits of the City of Huntsville, Texas, from its intersection with University Avenue Easterly to its intersection with Avenue J and jurisdiction for the maintenance, repair, and upkeep of said Street as described shall be, hereafter, vested with the Board of Regents, Texas State University System, for the use and benefit of Sam Houston State University, subject to the rights of property owners as set forth in Section 7 hereafter. Section 2: The interest of the general public at large is hereby terminated and abandoned for travel purposes over and across Avenue J. as presently used and traveled within the City Limits of the City of Huntsville, Texas, from its intersection with 16th Street Southerly to its intersection with 17th Street and jurisdiction for the maintenance, repair, and upkeep of said Street as described shall be, hereafter, vested with the Board of Regents, Texas State University System, for the use and benefit of Sam Houston State University, subject to the rights of property owners as set forth in Section 7 hereafter. Section 3: The interest of the general public at large is hereby terminated and abandoned for travel purposes over and across Avenue I as presently used and traveled within the City Limits of the City of Huntsville, Texas, from its intersection with 16th Street Southerly for a distance of 75 feet and jurisdiction for the maintenance, repair, and upkeep of said street as described shall be, hereafter vested with the Board of Regents, Texas State University System, for the use and benefit of Sam Houston State University, subject to the rights of property owners as set forth in Section 7 hereafter. Section 4: That Avenue I as it is presently used and traveled within the City limits of the City of Huntsville, Texas, being bounded on all sides by property owned by Sam Houston State University from its intersection with 19 1/2 Street Southerly to 20th Street and from a point 75 feet South of the intersection of said Avenue I with 16th Street, Southerly to its intersection with 17th Street, should be, and the same is hereby vacated, abandoned, and closed as a public street. Section 5: There is reserved and excepted from any transfer or abandonment of streets herein contained, the right and title of the City of Huntsville in and to any water or sanitary sewer lines or mains and the right of ingress and egress for the purposes of maintenance and repair or replacement of said lines and mains. Section 6: Be it further ordained by the City Council that should expansion of Sam Houston State University require construction over or upon any water or sanitary sewer line, title to which is retained by this Ordinance in the City of Huntsville, so as to require relocation of such lines, such relocation shall not be at the expense of the City of Huntsville. Section 7: The transfer and abandonment of the interest of the general public in and to the streets as set forth in this Ordinance, shall not in anywise be construed as authority to deny or restrict access to any person or firm traveling in or upon such streets for the purpose of going to or from any parcel of private property located upon or contiguous to any street or portion thereof closed or abandoned, or transferred to Sam Houston State University by virtue of the terms of this Ordinance. Section 8: Access to areas served by any streets affected by the within Ordinance, shall always be maintained for emergency vehicles. PASSED/VOTED on first reading by vote of Z_for Q against. PASSED ON SECOND READING by vote of for against. DECLARED, PASSED AND EFFECTIVE this the day of 1977. THE CITY OF HUNTSVILLE, TEXAS MORRIS WALLE , MAYOR ATTEST: ljtUTff-DjaSHAW CITY SECRETARY PROVED AS TO F RTIN D. COLLEY CITY ATTO EY RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: jc�scscl. rtc7)L -7-Zo RESOLUTION NO. 77-20 WHEREAS, the City of Huntsville has the option of excluding the City from participation in S.B. 411 as approved by the Legislature, which increases the City's cost and participation in the Firemen's Relief and Retirement Fund; and WHEREAS, the Huntsville Volunteer Fire Department has itself voted among its membership to not participate in the Fund without. further study and evaluation,. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Huntsville, Texas, that the Huntsville City Council hereby exercises its option under the provisions of Section 2, Subsection B of Senate Bill 411, Acts 1977, 65th Legislature, Regular Session, and elects to exempt itself from the requirements of said act. PASSED AND APPROVED this the 27th day of September, A.D., 1977. THE CITY OF HUNTSVILLE, TEXAS (S E A L ) G� r By:��E orris 1. .all Morris L Waller, Mayor ATTEST: Ruth DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 77-26 Water Service Charges • RESOLUTION NO. 77-26 A RESOLUTION AUTHORIZING DEPOSITS OR BONDS FOR SECURING PAYMENT OF WATER SERVICE CHARGES IN ACCORDANCE WITH CHAPTER 17, SECTION 17-12, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE. WHEREAS, Section 17-12 of Chapter 17 of the Code of Ordinances of the City of Huntsville, Texas, states that the Manager of Utilities shall require from an appli- cant for Water Service a deposit or bond to secure payment of any service charges for water and that such deposits or bonds shall be in such amount as may from time to time be established by the City Council of the City of Huntsville, Texas; and, WHEREAS, it has been brought to the attention of the City Council of the City of Huntsville that often such deposit as is now required is inadequate for the purposes intended because of the time period in which customers may pay such water billings resulting in accumulated charges in excess of deposit before action is taken to discontinue service and enforce payment for such charges, all of which is detrimental to the financial requirement of the water and sewer funds and in the best interest of the general welfare of the City of Huntsville and its citizens require that immediate action be taken to increase deposits or bonds required for water services in an amount commensurate with anticipated usage by the customer; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that; (1) Any firm, corporation, or commercial account applying for water service shall deposit with the City of Huntsville as security for the payment of future charges, a sum equal to one and one half times the average estimated monthly charge for the premises for which water services are requested. Past accounts from previous customers at the same location, or accounts of a comparable usage factor, may be used by the Manager of Utilities in arriving at the estimated monthly charge for determining the amount of deposit or bond. (2) Any person applying for residential water service shall place with the City a sum of $40 for a utility deposit. (3) Upon the sale or transfer of property, or change in customer or occupancy of any premises served by City Water Service, no water service shall be furnished to the new owner, customer, or occupant of such premises being served by Water Service unless and until such deposit as required by this Resolution is paid. Any person, firm or corporation who fails to,notify the City of Huntsville of a change in ownership, title or occupancy of premises resulting in a different person or entity having responsibility for the payment of water charges shall be subject to immediate discontinuance of water service unless and until the previous customers account is finalized and the deposit called for herein in made. BE IT FURTHER RESOLVED that the emergency nature of the problem relating to unpaid water accounts due to insufficient deposits is such that the policy announced by this Resolution shall take effect from and after its passage. .53Lf • _2_ WHEREUPON, said Resolution having been duly made and seconded, same was, by unanimous vote, passed in open council, on this the 22nd day of November, 1977. THE CITY OF HUNTSVILLE, TEXAS (S E A L) By: �v/v� Morris I. Waller, Mayor /ATTEST: 0/ Ruth DeShaw, City Secretary APPROVED AS TO FORM: tartin D. Colley, City Attorney .k No file page RESOLUTION NO. 77-22 A RESOLUTION FINDING THAT THE POPULATION OF THE CITY OF HUNTSVILLE IS 24,256 RESIDENTS BASED UPON INFORMATION SUPPLIED BY UNITED STATES CENSUS BUREAU. WHEREAS, the City of Huntsville, Texas, has received information from the Bureau of Census, an agency of the United States of America, that a mid-decade survey taken on the population of the City of Huntsville, Walker County, Texas, revealed a population of 22,357 residents and that such information reflects an average growth per year since the 1970 census of 949 residents. That projection of the average growth per year on to the mid-decade census figure as reported indicates a total resident population of the City of Huntsville of 24,256 person and that such population is consistent with the number of gas, electrical and water connections within the City of Huntsville, Texas, based upon the usual and customary methods of estimating population by virtue of such connection and that therefore official recognition of such population should be made. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that based upon information supplied to the City of Huntsville by the Bureau Census, a agency of the government of the United States, and based upon other evidence available, the City Council of the City of Huntsville, Texas, here finds that the official population of the City of Huntsville, Walker County, Texas, is 24,256 residents. BE IT FURTHER RESOLVED that a copy of this official Resolution finding the true and correct population of the City of Huntsville, Texas, be forwarded to the Texas Department of Highways and Transportation with the request that population figures shown on signs maintained by such department at the limits of said City, be corrected to reflect said new population figure. WHEREUPON said Resolution having been duly made and seconded, same was by unanimous vote passed on this the 25th day of October, 1977, to certify which the Mayor of said City has hereunto affixed his hand and caused same to be attested by the City Secretary. THE CITY OF HUNTSVVILLE//E BY;' .r• �L�� MORRIS I. WALLER, MAYOR ZTY��SEITARY �� OVED AS TO FO pr�^ �f/ CITY ATTORNEY RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 77-23 Title: RESTUDY OF THE ENVIROMENTAL ASSESSMENT FOR THE WALLISVILLE PROJECT Date: 12-13-77 tr entry entit.eu AC � 1 ne a,:wun or vt,1V . Ars. .. this expense, but it was felt vas incurred for a certified audit of the Tourist Bureau. Councilman Parker movo,: to postpone acceptance of the budget until next Tuesday pending clarification 0- of the audit expense question. %)uncilwoman King seconded the motion. All were in favor and the motion passed x unanimously. CONN IDER A RESOLUTION FOR THE TRA WALLISVILLE PROJECT Grady Tanis, Jr. of t..; Trinity River Authority's local office presented a brief introduction to Resolution No. 77-23, which, is ;,assed by the Huntsville Council, would express their feeling to urge the U. S. Army Corps of Engineers to resume construction of the IVallisville Salt-(Vater Barrier and Lake Project as soon as possible. Mr. Manis indicated tilts 7 year project was stopped three years ago by a court order to allow for a restudy of the environmental sssossment of the Wallisville Project. Fie indicated the reassessment revealed that Alternate 2A, which would inundate less of the marsh area near the mouth of the river, would be more appropriate for the salt-water barrier that was proposed at the mouth of-the river. He said this would affect Huntsville in that lie are currently rele:ising some thousand cubic feet per second of water from Lake Livingston for the control of salt water. He said this would lower the lake level and, in the new water plant, conceivably cause more pumping costs. Mayor Waller indicated he attended the Wallisville Hearing of the Corps of Engineers on December 10. Fie said of the seven different plans presented, Plan 2A received the most support as it is for a 5,600 acre reservoir instead of a 19,700 acre reservoir. He said this plan had the endorsement of Senators Tower, Bentsen, Congressman Eckhart, Congresswoman Barbara Jordan, Congressman Brooks and Charles Wilson. He said the Shrimp Association of Texas also voiced their support of Plan 2.A. Fie indicated those in opposition were the Sierra Club, the Audubon Society and COST. Mayor Waller indicated lie is in support of Plan 2A. Councilman Parker moved the adoption of the Resolution No. 7;-23 as presented. Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BIDS ON SEWER SAMPLER AND RADAR EQUIPMENT Jim McAlister, City Manager, indicated on December 6, 1977 bids were received and opened for the pur- chase of one automatic sewer sampling machine. Only one bid was returned,lre said, from the 11. E. Bates Engineering Company of Seabrook, Texas. He said their bid was for $1,295 for an ISCO Model 1680 sewer sampler. He said in addition, it as proposed to purchase one rechargeable nicad battery and 22 feet of 1/4 inch suction hose, bringing the total bid to $1,478.50. He indicated $1,550 was budgeted for the purchase of this unit. McAlister said it is the recommendation of the Purchasing Office that the bid submitted by the W. E. Bates Engineering Company in the amount of $1,478.50 be accepted as the best and most responsible bid. Councilman Dickens moved to accept the bid as presented and Councilman Amick seconded the motion. All were in favor and the motion passed unanimously. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 78-1 CETA landfill Improvements RESOLUTION NO. 78-1 A RESOLUTION AUTHORIZING THE CITY OF HUNTSVILLE TO SUBMIT AN APPLICATION FOR FUNDING OF PUBLIC SERVICE EMPLOYMENT PROJECTS. Whereas, the Federal Government has made available certain funds under Title VI of the Comprehensive Employment and Training Act (CETA), and Whereas, the Houston-Galveston Area Council has been designated prime sponsor to administer this program through its eleven county Gulf Coast Manpower Consortium, and Whereas, the City of Huntsville is desirous of participating in this Public Service Employment Program; Now, Therefore, Be It Resolved by the City of Huntsville, Texas, acting by and through its City Council: That, the City of Huntsville prepare and submit an application for funding under the CETA Title VI, Public Servic Employment Program, and, That, the City Manager, Jim McAlister, is hereby directed to prepare such application and to perform such other duties as required by regulation pertaining thereto. PASSED AND APPROVED on this the 31st day of January, A. D., 1978 at a duly called regular meeting of the City Council of the City of Huntsville, Texas. THE CITY OF HUNTSVIILLLE, TEXAS By M rris I. Waller, Mayor ATTEST: Ruth DeShaw, City Secretary (SEAL) RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: esu rm, -71_a YVc Irons t Pakx inti��rrnerctr 6,q-i4-7g i RESOLUTION NO. RESOLUTION CALLING BOND ELECTION; PROVIDI14G DETAILS RE- LATING TO SAID ELECTION AND CONTAINING OTHER PROVISIONS RELATING TO SAID ELECTION WHEREAS, the City Council of the City of Huntsville, Texas, has determined and does hereby determine that an election should be held in said City on the propositions of issuing City bonds for the purposes hereinafter set forth and the City Council wishes to proceed with ordering such elections; And, WHEREAS, at an election held on the 27th day of August, 1974, the City Council of the City of Huntsville, Texas, was authorized to issue $ 1,300,000 bonds for the purpose of constructing permanent improvements, to-wit: Improving, enlarging, extending or repairing the City Sanitary Sewer System, to-wit, North Huntsville Sewer Plant: Said bonds to be payable from the net revenues derived from the operation of the City's Water Works and Sanitary Sewer System and to be on a parity with the outstanding bonds of said City payable from .,the net revenues derived from the operation of the City's Water Works and Sanitary Sewer System; and, WHEREAS, on the, 12-rl,day of Nove-mh et r 19T_F, the City Council authorized the issuance of 100,000 of such bonds, leaving $1,200,000 bonds to be issued, sold, and delivered at a later date when needed to carry out the voted purposes; and, WHEREAS, the City Council now desires to issue said remaining $ 1,200,000 bonds for the voted purpose and in addition to the voted purpose to authorize the issuance of said remaining $ 1,200,000 bonds and the proceeds therefrom to include construction, installation, and �o�� rl� 11pnc{� Fi ttniLwcC(L ti Pian repair of Sanitary Sewer Lateral Lines^in conjunction with and in addition to, but not in substitution thereof, the voted purposes, so that said remaining $ 1,200,000 bonds may be used for the voted purposes and the new additional voted purpose as determined by the exigencies of said City, said bonds to otherwise be issued as authorized by law; and, WHEREAS, :he City Council deems it necessary and desirable that such issue be submitted at an election to be called and held within said City for the purpose of voting on the proposition of id authorizing cert additional purpose for the issuing of said a»d $ 1,200,000 Sanitary Sewer System Bonds Ain all other respects as previously authorized at the election held on August 27, 1974; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1: That an election shall be held in and throughout the City of Huntsville, Texas, on the 7th day of March, 1978, which date is not less than fifteen (15) nor more than thirty (30) days from the date of this resolution, at which election there shall be submitted in accordance with law, the following propositions; PROPOSITION NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, - - BE AUTHORIZED TO ISSUE THE REVENUE BONDS OF SAID CITY IN THE MAXIMUM AMOUNT OF $ 1,400,000 MATURING SERIALLY IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING FORTY (40) YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT ANY RATE OR RATES, AND TO SELL SAID BONDS AT ANY PRICE OR PRICES, PROVIDED THAT THE NET EFFECTIVE INTEREST RATE, AS DEFINED BY ARTICLE 717k-2, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, ON ANY ISSUE OR SERIES, SHALL NOT EXCEED TEN PERCENT (10%) PER ANNUM, ALL AS MAY BE DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING PERMANENT IMPROVEMENTS, TO-WIT: IMPROVING, ENLARGING, EXTENDING OR REPAIRING THE CITY'S WATER WORKS SYSTEM; SAID BONDS TO BE ISSUED IN ACCORDANCE WITH, AND SECURED IN THE MANNER PROVIDED IN, ARTICLES 1111 TO 1118, BOTH INCLUSIVE, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED; AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS AS IT ACCRUES AND THE PRINCIPAL OF SAID BONDS AS IT MATURES BY PLEDGING THE NET REVENUES FROM THE OPERATION OF SAID CITY'S WATERWORKS AND SANITARY SEWER SYSTEM; EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATION OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATION; SAID BONDS TO BE ON A PARITY WITH THE OUTSTANDING..FIRST OR SENIOR LIEN BONDS OF SAID CITY, PAYABLE FROM THE OPERATION OF SAID WATERWORKS AND SANITARY SEWER SYSTEI4? • PROPOSITION NO. TWO SHOULD THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE MAXIMUM AMOUNT OF $ 600,000, MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING FORTY (40) YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT ANY RATE OR RATES AND TO SELL SAID BONDS AT ANY PRICE OR PRICES, PROVIDED THAT THE NET EFFECTIVE INTEREST RATE, AS DEFINED BY ARTICLE 717k-2, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, ON ANY ISSUE OR SERIES, SHALL NOT EXCEED TEN PERCENT (108) PER ANNUM, ALL AS MAY BE DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS, TO-WIT: CONSTRUCTING AND IMPROVING THE ROADS, BRIDGES AND STREETS OF SAID CITY, INCLUDING RELATED DRAINAGE FACILITIES; AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRIN- CIPAL OF SAID BONDS AS THEY MATURE? PROPOSITION NO. THREE SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE THE BONDS OF SAID CITY IN THE MAXIMUM AMOUNT OF $ 400,000, MATURING SERIALLY, IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING FORTY (40) YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT ANY RATE OR RATES AND TO SELL SAID BONDS AT ANY PRICE OR PRICES, PROVIDED THAT THE NET EFFECTIVE INTEREST RATE, AS DEFINED BY ARTICLE 717k-2, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, ON ANY ISSUE OR SERIES,SHALL NOT EXCEED TEN PERCENT (108) PER ANNUM, ALL AS MAY BE DETERMINED BY THE CITY COUNCIL OF SAID CITY FOR THE PURPOSE OF IMPROVING, REPLACING, REPAIRING, AND ENLARGING RECREATIONAL FACILITIES AND EQUIP- MENT AT EXISTING DESIGNATED CITY PARK FACILITIES; AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN SAID CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES ,AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS THEY MATURE? PROPOSITION NO. FOUR SHALL THE ADDITIONAL PURPOSE OF CONSTRUCTING, IMPROVING AND REPAIRING SANITARY SEWER LATERAI. LINES FOR THE NORTH HUNTSVILLE SEWER PLANT BE INCLUDED IN THE VOTED PURPOSES AUTHORIZED WHEN THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ISSUES THE REMAINING $1,200,000 BONDS OF THE $1,300,000 BONDS AUTHORIZED ON AUGUST 27, 1974, SAID $1,200,000 BONDS TO OTHERWISE BE ISSUED IN EVERY OTHER RESPECT AS PREVIOUSLY AUTHORIZED, MATURING SERIALLY IN SUCH INSTALLMENTS AS ARE FIXED BY SAID BOARD OVER A PERIOD OR PERIODS NOT EXCEEDING FORTY (40) YEARS FROM THEIR DATE OR DATES, BEARING INTEREST AT ANY RATE OR RATES AND TO SELL SAID BONDS AT ANY PRICE OR PRICES, PROVIDING THAT THE NET EFFECTIVE INTEREST RATE, AS DEFINED BY ARTICLE 717k-2, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED, ON ANY ISSUE OR SERIES, SHALL NOT EXCEED TEN PERCENT (108) PER ANNUM, ALL AS MAY BE DETERMINED BY THE CITY COUNCIL OF SAID CITY; SAID BONDS TO BE ISSUED IN ACCORDANCE WITH AND SECURED IN THE MANNER PROVIDED IN ARTICLES 1111 to 1118, BOTH INCLUSIVE, VERNON'S TEXAS CIVIL STATUTES, AS AMENDED; AND TO SECURE THE PAYMENT OF THE INTEREST ON SAID BONDS AS IT ACCRUES AND THE PRINCIPAL OF SAID BONDS AS IT MATURES BY PLEDGING THE NET REVENUES FROM THE OPERATION OF SAID CITY'S WATER WORKS AND SANITARY SEWER SYSTEM; EACH BOND TO BE CONDITIONED THAT THE HOLDER THEREOF SHALL NEVER HAVE THE RIGHT TO DEMAND PAYMENT OF SAID OBLIGATION OUT OF ANY FUNDS RAISED OR TO BE RAISED BY TAXATION; SAID BONDS TO BE ON A PARITY WITH THE OUSTANDING FIRST OR SENIOR LIEN BONDS OF SAID CITY, PAYABLE FROM THE OPERATION OF SAID WATER WORKS AND SANITARY SEWER SYSTEM; PROPOSITION NO. THREE ( ) FOR ) THE ISSUANCE OF $400,000 --------------- PARKS IMPROVEMENT GENERAL ( ) AGAINST ) OBLIGATION (TAX) BONDS PROPOSITION NO. FOUR ( ) FOR ) AUTHORIZING THE REMAINING $1,200,000 OF PREVIOUSLY AUTHORIZED $1,300,000 SANITARY --------------- SE117ER SYSTEM (NORTH HUNTSVILLE SEWER PLANT) REVENUE BONDS TO ALSO BE USED FOR THE ADDITIONAL PURPOSE OF LATERAL SEWER LINE ( ) AGAINST ) DEVELOPMENT The voter shall vote on such propositions by placing an "X" or other clear mark in the square beside the statement indicating the way he wishes to vote on each proposition. Absentee voting shall be conducted by a clerk for absentee voting, namely, RUTH DeSHAW, and the place at which absentee voting shall be conducted is designated as the Office of the City Secretary in the City Hall, Huntsville, Texas, which is also the absentee voting clerk's mailing address to which ballot applications and ballots voted by mail may be sent. Said clerk shall keep said office open for at least eight (8) hours, that is, from 8:00 a.m. to 12:00 noon and from 1:00 p.m. to 5:00 p.m., on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday; provided, however, except as authorized by Article 5.05, Subdivision 3d, Texas Election Code, said clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall she permit any- one to vote absentee by personal appearance at any time whet, her office is not open to the public. Section 5: The said election shall be held and conducted in accordance with the Constitution and laws of the State of Texas and the Constitution of the United States of America, and all duly qualified resident electors of the City shall be qualified to vote on said propositions. Section 6: That notice of said election shall be given by posting a substantial copy of this resolution at the City Hall and at a public place in each of the election precincts of said City not less than fourteen (14) days prior to the date upon which said election is to be held and by publication of said notice on the same day in each of two (2) successive weeks in the Huntsville Item, the first of said publications to be made not later than fourteen (14) days prior to the date set for said election. It is hereby found and declared that the Huntsville Item is a newspaper published in the City of Huntsville, Texas, is of general circulation within said City, and is the official newspaper of said City. Section 7: That further, in compliance with the law, the notices provided for herein shall be published and posted in both the English and Spanish languages, and the said ballot shall be printed in both said languages and all provisions of the law relative to bilingual elections shall apply to said election. PASSED AND APPROVED this 14th day of February, 1978. t. gwaa' - MORRIS I. WALLER, 14AYOR CITY OF HUNTSVILLE, TEXAS ��s/ (:H ZD.SHAW-, CajTY SECRETARY CITY OF HUNTSVILLE, TEXAS (Seal) A, PROVED AS TO,IFO_ MARTIN D. COLLEY, CITY ATi RNEY CITY OF HUNTSVILLE, TEXA6 RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 78-03 Title: CITY OFFICICER'S ELECTION Date: 02-14-78 ,favor Waller indicated Proposition 4 is required, as recommended by the attorneys, as a matter of clarifi- cation. He said the $1,300,000 was originally voted by the citizens to be used for the North Huntsville Sewer Plant. Now, lie said,it becomes necessary to use the unexpended $1,200,000 still remaining from that 1974 issue for the lateral sewer line development, rather than for the North Huntsville Sewer Plant. This proposition is now going back to the voters so that they may reauthorize these funds remaining for the added purpose of the lateral sewer lines, which are still a part of the North Huntsville Sewer System, however, this specific, de- scriptive wording was not included in the 1974 bond issue language. Councilman Parker suggested making Proposition 4 the first proposition rather than the fourth. Mayor Waller indicated in taking this suggestion into account, the sequence of propositions would be evaluated as it relates to interrupting the timetable set up. Councilman Parker moved to adopt the Resolution (No. 78-2) calling the Bond Election for March 7, 1978 and Councilwoman King seconded the motion. Councilmen Daigle and Corley moved to abstain (which is recorded as a "no" vote). Councilmen Hodges and McGlothen voted in favor of the motion supported by Councilman Councilwoman King. The motion then passed. Call the City Officers' Election for April 1, 1978--Resolution No. 78-3. Mayor Waller then presented Resolution No. 78-3 which would call the City Officers' Election for April 1, 1978. Mayor Waller indicated the election would be of the four council-at-large positions which are presently field by Larry Corley in Position 1; Bill Hodges in Position 2; E'. Larry Dickens in Position 3; and John .Amick in Position 4. The four polling places and judges for each are listed as follows: Ward 1 City Public Library Ruth Lea Presiding Judge Ward 2 City Fire Station `2 Bob Biles, Presiding Judge Ward 3 Emanicipation Park Ethel Rikard, Presiding Judge Ward 4 University Heights Baptist Church Peggy Kroesclie, Presiding Judge Councilman Parker moved that the election of officers be so called for April 1, 1978 and Councilman Corley seconded the motion. All were in favor and the motion carried unanimously. Executive Session Mayor Waller indicated an executive session is needed to discuss legal and personnel matters. COUNCIL ACTION Bond Issue Publicity Wayne Daigle asked the Huntsville Item representative, Rana Shields, to assist the City Council in getting the election information to the voters. Mr. McAlister indicated he would be working with Rana on the educational materials to clarify the issues. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 78-04 Hornet Basketball RESOLUTION NO. 78-4 WHEREAS ap.3i.n this year, the City Council of the City of Huntsville has enthusiastically followed the progress of the Huntsville Hornet Basketball Team; and WHEREAS, I.hc Hornet Basketball Team has repeated as Zone, District, Bi-district, ❑ud Regional Champions in 1978; and T%14EREAS, ;Irou;hout the season. the Hornets have brought a great deal of state.ai .... _ .._. ranking in tV\A ';choolboy Basketball ratings; and WHEREAS, the City Council acknowledges the hours of dedicated work that have resulted in the team's record of 25 wins and only 7 losses, which has propelled them into their second straight State Tournament; and WHEREAS, Ily returning to the State Tournament for the second year in a row, the Hornets have accomplished feat never before duplicated by a Huntsville team; and WHEREAS, the first round action Thursday night will feature the Hornet's game in the Inaugural Tournament, hosted in the new Super Drum in Austin; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that sincere congratulations on their fine season, and best wishes for success in the State Tournament, be extended to the following team members, coaches and managers: Teale Members Patrick Antwi Lloyd Archie Managers Ted Itritton Royce Craft Steve Collins Edgar Crawford Andy Allen Wayne Dewberry Sam Douglas Coaches Terry Hoage David Richardson Joe Main Henry Speaker Glenn Phillips Curtis Wallace Dallis Williams AND, BE LT FURTHER RESOLVED, that every citizen of Huntsville shall support the Hornets in their efforts in the State Tournament this year and in ensuing years commensurate with the effort and sacrifices expended by these outstanding representatives of the youth of our community. WHEREUPON, said Resolution was duly made, seconded, and passed by unanimous vote of the City Council of Huntsville, Texas on the 28th day of February, 1978 and to certify which the Mayor of said City has hereto set his hand and soul of the City to be affixed hereto. 71 THE CITY OF HUNTSVILLE, TEXAS I' Morris I. Waller, Mayor �Y ATTEST: Ruth DeShaw, t:ity Secretary RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 78-05 Title: McALISTER AS SIGNATORY AGENT FOR EPA GRANTS Date: 03-07-78 The Pitt Construction Company Contract would be $148,041.50 for paving of the 1300 foot runway extension with a double course surface treatment and the painting of the center stripe and numerals on the north end. Since funds are not available for the apron work, which was bid with this, that work has been cut from this portion of the contract. I The Glo Construction Company Contract would be $14,598.55 for medium intensity runway lights on the 1300 foot extension and the VISA 4 unit on the north end. i Mr. Rachunek said the remaining $59,581.95 would be for contingency and engineering fees. Mayor Waller indicated Mr. Ron Staley of FAA was cautiously optimistic about funds being available in October for completion of the final two inch asphalt coating of the entire runway and completion of the apron and taxiway. He said Phase Three will give us a 5,000 foot runway, lighted, that will be quite an asset to the airport. Councilman Dickens moved to award the contracts to Pitt Construction Company and Glo Construction Company as indicated in the report from Anthony Rachunek and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION DESIGNATING THE CITY MANAGER AS SIGNATORY AGENT FOR THE CITY ON THE EPA PROJECT Jim McAlister, City Manager, indicated he has actually been signing the documents being forwarded to EPA for some time now, however, EPA requested a Resolution from the City Council which officially designates the City Manager as the signatory agent for the City on EPA projects. Councilman Daigle moved to adopt Resolution No. 78-5 so designating the City Manager as signatory agent for the City on the EPA project and Councilman Tang seconded the motion. All were in favor of the motion except Councilman Dickens who opposed the motion (in jest). The motion therefore passed. ADMINISTRATIVE REPORT--Jim McAlister Certificate of Conformance in Financial Reporting Award Jim McAlister, the City Manager, advised the Council that the City of Huntsville has been awarded a Certifi- cate of Conformance in Financial Reporting from the Municipal Finance Officers of the United States and Canada for its annual financial report for the fiscal ;year ending September 30, 1976. Ile said the Certificate of Conformance is the highest form of recognition in the area of governmental accounting and financial reporting and its attainment represents a significant accomplishment by a governmental unit and its management. He said in order to receive this certificate, a governmental unit must publish a comprehensive annual financial report whose contents include its basic financial statements prepared in substantial conformance with generally accepted accounting principles and an appropriate letter of transmittal, and an extensive statistical section whose representations are organized into an efficiently communicative format. He said an award of Financial Reporting Achievement has also been awarded to the Internal Services Depart- ment. Mr. McAlister said there are 3,914 governmental units in Texas and only 41 of these units have qualified r this award. He said only 159 eovernmental entities in the United States hold the Certificate of Conformance; RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 78-6 John Amick • CITY OF HUNTSVILLE RESOLUTION NO. 78_6 WHEREAS, the Honorable John Amick has served the City of Huntsville as a City Councilman, at large, for the past eight consecutive years; and WHEREAS, during that period of service, the City of Huntsville has experienced an unparalleled period of growth and development in which the City has relied heavily on Mr. Amick's wisdom and personal expertise in real estate matters; and WHEREAS, concurrent with Mr. Amick's dedicated tenure, many "firsts" have been accomnlished for Huntsville including: Provision for orderly expansion of Huntsville through four annexations which included a large portion of South Huntsville; areas adjacent to Hwy 190; Loop 405 and the South Park Subdivision; and the area encompassed by Hwy 19, Loop 2821, and Hwy 247. Provision for orderly development of Huntsville through adoption of a Subdivision Ordinance, the Mobile Home Ordinance, the Southern Standard Building Codes Ordinance, and participation in the drafting of the 1972 Master Plan for Huntsville by Bernard Johnson, Inc. Provision for the relief of traffic congestion through thoroughfare improvements incorpprated in the $600,000 South Huntsville Paving Bonds Program; the Sixteenth Street and Bowers Blvd. projects; and the Substandard Street Paving Program. Provision for responsive and efficient municipal government by adoption of Charter revisions that initiated the City Manager form of government in Huntsville; completion of the City Service Center facilities; and the site acquisition package that led to the consumation of the City Hall Building Project. Provision for basic utilities service to every area of the City via his participation in such projects as the South and North Huntsville Sewage Treatment Facility Projects; the Surface Water Project; and numerous utility extensions that were financed through both bonds and joint participation methods. Provision for upgrading and allowing for future growth of air travel for Huntsville via property acquisition necessary for the extension of the main runway as a portion of the Federal and State Funded Airport Improvement Project. Provision for roughly five times the total City park area available prior to his election in 1969 and such specific projects as the Federally funded Ross Park Baseball Complex and Swimming Pool for the leisure time and recreational needs of a growing population; and WHEREAS, Mr. Amick has given countless hours of his personal time and has unfailingly been supported in his efforts by his wife, Ora, in pursuit of these many accomplishments for the benefit of the citizens of Huntsville, THEREFORE, BE IT RESOLVED by the City Council, City of Huntsville, that Mayor Pro Tem, John Amick, be accorded our most genuine expression of thanks for a job well done and his excellent Devotion to Duty; and THEREFORE, BE IT PROCLAIMED that April 25, 1978 be designated John and Ora Amick Day in Huntsville as an expression of our gratitude and a token of our respect for their years of service to the Community. WHEREUPON, said Resolution and accompanying proclamation was duly made, seconded, and passed by unanimous vote of the City Council of Huntsville, Texas on the 18th day of April, 1978, and to certify which the Mayor of said City has hereto set his hand and caused the seal of the City to hereto be affixed. THE CITY OF HUNTSSSVILLE, TEXAS BY: "/ �iif%f MORRIS I. WALLER, Mayor ATTEST: 6;iCI�TYS CRETARY RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 78 County service RESOLUTION NO. 78-� WHEREAS, the City of Huntsville has been providing fire protection and service to Walker County for many years, and the cost of this service has been disproportionally borne by the citizen.taxpayers of the City; and WHEREAS, experience has shown from the period of October 1, 1972 to March 31, 1978, there were 298 calls for fire service, with 136 of these - calls, or 45.6 percent, being outside the City; and WHEREAS, it will cost the City of Huntsville $115,300 for fire operations, maintenance, debt service, etc. for this fiscal year, with the County only contributing $15,000 of those costs; and based on percentage of use, the County should pay $52,577. Therefore, the City taxpayers are subsidizing County residents $37,577 per year; and WHEREAS, the Mayor and City Council consider this unfair and unequitable for City taxpayers. NOW THEREFORE, Be It Resolved that the Mayor and City Council do hereby instruct the City Manager to advise the County, through its governing body, the County Judge and Commissioners, of this inequity, and advise said County of the necessity to budget sufficient funds to underwrite their fair share of fire protection and service for subsequent fiscal year operations. The City will provide fire service and protection to the County for the balance of this fiscal year, or until September 30, 1978 for the $15,000; however, prior to October 1, 1978, the City desires a "good faith act" in knowing the County will fulfill its obligation in this area. RESOLVED this the 9th day of May, A. D., 1978. THE CITY OF HUNTSVILLE, TEXAS Morris 1. Waller, Mayor ATTE uth eShaw, City Tecretary RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 78-08 Title: NO THOUGH TRAFFIC EASTHAM&CROSSTIMBERS Date: 06-12-78 Jim McAlister indicated Mr. Melvin Smith has requested the extension of a two inch water line to a pro- posed house on Watkins Street. He said the extension will be approximately 70 feet. He said if the Council decides to participate, the cost to the City will be approximately $78.75. He indicated the total cost for the 70 feet of two inch waterline installed is $157.50. Councilman Dickens moved to participate in this utility extension in the amount of $78.75. Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. CONSIDER FOUR-WAY STOP AT INTERSECTION OF BOWERS BOULEVARD AND SYCAMORE Mr. McAlister indicated there is a problem with sight distance on Bowers Boulevard in that vehicles ap- proaching the intersection cannot see oncoming traffic on Sycamore. For obvious safety reasons, he recommend- ed that a four-way stop be set up, complete with advance warning signs and flashing units. He indicated Mr. Don Johnson of Lockwood, Andrews and Newnam is currently doing a comprehensive traffic survey of the Huntsville area and the intersection of Sycamore and Bowers Boulevard (20th Street) is included in this study. lie said sufficient warrants may be found to meet signalization criteria, however, we feel immediate signalization is warranted due to safety considerations. Councilman Dickens moved to adopt the recommendation of the City to install a four-aay stop at the inter- section of Bowers Boulevard (20th Street) with Sycamore. Councilman McGlothen seconded the motion. All were in favor of the motion and it passed unanimously. Sycamore Street Railroad Crossing Mayor Waller suggested the City paint a large "X" on the highway just prior to the railroad crossing as an additional warning to vehicles at night,..who may overlook the railroad crossarms, which are not clearly visible. Councilman Dickens suggested approaching the Railroad representatives about the need for lighted signals at this location. BUSINESS OF THE CITY ATTORNEY Consider Resolution Regarding Truck Traffic in Forest Hills RESOLUTION 78-8 RESOLUTION DESIGNATING EASTHAM LANE AND CROSSTIMBERS STREET IiITHIN THE CITY LIDIITS OF THE CITY OF HUNTSVILLE, TEXAS, AS RESIDENTIAL STREETS AND PROHIBITING THROUGH TRUCK TRAFFIC THEREON. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 78-09 Russell/Montgomery Gazebo RESOLUTION NO. 78-9 1II3EREAS, a unique facility was under conrtructi.on on the corner of 19th Street and Avenue 0 for many months; and WHEREAS, a high level of interest was generated by this construction which prompted a great deal of favorable comment; and WHEREAS, the erection of this historically accurate reproduction of many such 19th Century gazebos has enhanced the beauty of the surrounding area; and WHEREAS, all of Huntsville is proud of the aesthetic contribution made by this project to the Sam Houston State University facilities and the community in general; and WHEREAS, the gazebo was conceived and financed by private individuals; designed by Mr. Glen Perkins; and built by Mr. Fred Holland, for the public good; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that Mr. and Mrs. George Russell, Jjr. and Mrs. Kenneth Russell, and Dr. and Mrs. T. S. Montgomery, be congratulated on the completion of this very noteworthy civic project, and be commended for their efforts along with all those who have participated in this unique venture. WHEREUPON, said RESOLUTION was duly made, seconded, and passed by unanimous vote of the City Council of Huntsville, Texas, on the 17th day of October, A. D., 1978 and to certify to which, the Mayor of said City has hereto set his hand and caused the seal of the City to be affixed hereto. THE CITY OF HUNTSVILLE, TEXAS BY: ATTEST: Morris I. Waller, Mayor n Ruth DeShaw, City Secretary lf' RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 78-10 Title: COMMENDS RUSSELL AND MONTGOMERY- GAZEBO Date: 06-27-78 264 She described the program to the Council in detail and asked for their assistance in locating per- sons wno would qualify for this assistance and referring them to her. She said their offices are located at 701 Avenue M and their phone number is 291-3306. CONSIDER RESOLUTION OF COMMENDATION FOR CHAIIIPION INTELIATIONAL FOR AIRPORT PROJECT CLEARING Morris Waller then introduced Mr. Don Taylor and Mr. Jim Shaw of Champion International, Inc. He said thev have volunteered to provide heavy equipment to bulldoze the airport area to complete the easement clearance necessary to meet FAA requirements for the completion of the airport project. He said Champion International performed this work for the City as a public service and lie wished to commend them for their fine assistance. He then presented a resolution of commendation to them from the City Council. Councilman Dickens moved to adopt the resolution as read and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. CONSIDER UTILITY EXTENSIONS Dennis Peters Jim McAlister, City Manager, indicated Dennis Peters has requested a utility extension for a two inch water line for approximately 110 feet to a residential lot inside the City limits, located at 1316 21st Street. He said if the Council decides to participate in the proposed extension under the provisions of the Utility Extension Ordinance, the cost to the City will be approximately $609.63 to cover the cost of oversizing to a six inch line, He said the total cost is $782.91 and the cost to the property owner is $173.28. McAlister informed the Council that the balance available in the {Vater and Sewer Contingency Fund is $32,338.20. Councilman Dickens moved to participate in this utility extension request in the amount of $609.63 and Councilwoman King seconded the motion. All were in favor and the motion passed unanimously. Walker Byrd Building Materials Jim McAlister said Mr. Watson,.representing Walker Byrd, requested a six inch water line with fire plug from the existing line to Walker Byrd's new site (1,185 feet). The City wishes to install an eight inch line to Highway 75. The total cost is $10,377.50 with the developer's cost being $5,063.55 and the cost to the City being $5,313,95, RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 78-11 Est.Necessity to Acquire ROW For Sewer Exp. 06-27-78 RESOLUTION NO. 78-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ESTABLISHING THE NECESSITY FOR ACQUISITION OF RIGHTS-OF-WAY IN CONNECTION WITH THE SANITARY SEWER SYSTEM EXPANSION PROGRAM AND AUTHORIZING ACQUISITION IN CONFORMANCE WITH THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970; AND ESTABLISHING LAND ACQUISITION POLICY AND PROCEDURES. WHEREAS, in keeping with policy and procedures consistent with applicable statutes governing acquisition of property for public purposes, the City of Huntsville desires to adopt General Land Acquisition Policy and Procedures: to wit: 1. The City of Huntsville will make every reasonable effort to acquire each property by negotiated purchase before instituting eminent domain in proceedings against the property. 2. The City of Huntsville will not require any owner to surrender the right to possession of his property until the City pays, or causes to be paid, to the owner the agreed purchase price arrived at by negotiation. 3. The City of Huntsville will not require any person lawfully occupying property to surrender possession Without at least ninety (90) days written notice from the City, of the date on which possession will be required; and WHEREAS, the Governing Body is vitally concerned with efficient execution of the Sanitary Sewer System Expansion Project under its jurisdiction in keeping with the policy outlined above; and WHEREAS, the Governing Body has determined that it is in order to set forth certain policy and procedures for staff guidance in adhering to land acquisition; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF HUNTSVILLE THAT THE FOLLOWING PROCEDURES BE ADOPTED AND THE FOLLOWING PARCELS AS LISTED IN SECTION 4 BE ACQUIRED UNDER THE SANITARY SEWER SYSTEM EXPANSION PROGRAM: Section 1. Period of Negotiation and Final Offer Requirements. A. Negotiation Period (1) The.City of Huntsville shall make a diligent, conscientious effort to induce the owner to accept a fair and proper price for his property. (2) It is hereby determined that the normal period of initial negotiations need not exceed forty-five (45) days. (3) Should the City staff member feel that an impasse has been reached, he shall immediately prepare for the Mayor's signature the final notice stipulated in Section 1-B hereof. B. Final Notice (1) When efforts to negotiate have been unsuccessful, the City shall prepare for the Mayor's signature, a notice making a final offer to the owner in writing. (2) This final offer shall include an invitation to discuss acquisition of the property with the Mayor, afford a reasonable period of time for the owner to accept or reject the invitation, and include a notification of the date on which the City intends to institute eminent domain proceedings if agreement cannot be reached on the purchase of the property within the time specified. -2- Section 2. Institution of Condemnation Proceedings A. To avoid delay in the timely filing of condemnation proceedings due to failure of nogotiations to effect acquisition, the Mayor is authorized and instructed to notify the designated Attorney to institute condemnation proceedings for acquisition of any property, provided the above requirements have been met. B. The Mayor is further authorized and instructed to institute condemnation proceedings for any property that must be acquired by condemnation for curative title purposes. C. A report of any and all such actions taken by the Mayor shall be presented to the Governing Body at the next regular Meeting for ratification. Section 3. Maintenance of Records A. The City shall maintain records of its negotiations and other actions. B. As evidence of the Departments adherence to this policy the City staff members serving as negotiators, shall maintain individual records of all negotiations with individual property owners. Section 4. Designation of Property to be Acquired Parcel No. 1 - Access Road Being a 60 foot easement for road purposes through a portion of a 256.92 acre tract out of the Jesse Parker League, A-36, Walker County, Texas owner by Gibbs Bros and Co. as described by deeds recorded in Volume 40, Page 39, and Volume 210, Page 411, Walker County Deed Records. Parcel No. 2 - Plant Site Being a 44.28 acre tract out of the Jesse Parker League, A-36, Walker County, Texas, and being also out of a 257 acre tract owned by Gibbs Bros. and Co. as described by deed recorded in Volume 40, Page 39, and Volume 210, Page 411, Walker County Deed Records. Parcel No. 3 - Main Line Being a 20 foot easement within a 80 foot working easement laying 10 ft. and 40 ft. on either side of a centerline described as follows: Being through and lying within a called 133-acre tract out of the Jesse Parker League, A-36, Walker County Texas, and owned by C. M. Ellisor as described by deed recorded in Volume 184, Page 676, Walker County Deed Records. Parcel No. 4 - Line A-1 (Blalock) Being a 20 foot easement within an 80 foot working easement lying 10 ft. and 40 ft. on either side of a centerline 317.48-acre tract out of the Jesse Parker Survey, A-36 and the Wiley Parker Survey, A-37, Walker County, Texas as described by deed to Raymond B. Blalock recorded in Volume 231, Page 101, Walker County Deed Records. Parcel No. 5 - Line A-1 (Thomason) Being a 20 foot permanent easement within a 80 foot working easement lying 10 foot and 40 ft. on either side of a centerline described as follows: Being through and lying within a called 1094.43-acre tract out of the Wiley Parker League, A-37. Walker County, Texas and the Jesse Parker League, A-36, Walker County, Texas owned by R. B. Thomason, et. al, as described by deed recorded in Volume 297, Page 322 Walker County Deed Records. -3- Parcel No. 6 - Line A-1 (Gibbs) Being a 20 foot permanent easement within a 80 foot working easement lying 10 ft. and 40 ft. on either side of a centerline described as follows: Being through and lying within a called 296 acre Gibbs Bros. and Co. tract as described by deed recorded in Volume 16, page 235, Walker County Deed Records. ADPOTED AND APPROVED by the City Council of the City of Huntsville at its regular Meeting held the 27th day of June 1978. Mayor ATTEST: Qzu City Secre aryKUthDeS a1-i w APPROVED AS TO F RM: Jack i ey, City A r y RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 78-12 Title: AUTHORIZES SUIT AGAINIST RUSTIC PINES MOBILE HOME Date: 06-27-78 the City being $5,313.95. V McAlister said the cost is high because the City will have to go under I-45. He said in 1950's when the interstate was being built, some casings were put under the interstate. Boyd Wilder, Director of Public Utilities, is checking to see if the eight inch line can be inserted through the old casing, lie said. Mr. Wilder indicated the casings'have been located, however, it has not been determined if they can be used. He said the maximum size line that could be inserted into the casings is an eight inch line. Councilman Brown moved to participate in the water line extension for Mr. Watson of Walker Byrd subject to the casing being available to insert the line under Interstate 45. Councilman Dickens seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION AUTHORIZING JACK HA\EY TO FILE SUIT AGAINST RUSTIC PINES MOBILE HOME PARK OWNERS Jack Haney, City Attorney, presented Resolution No. 78-12 which would authorize him to bring a suit in the public interest against Glenn E. Vaughan and Richard Vaughan, owners of Rustic Pines Mobile Home Park, for improperly equipping and continuing to inadequately and improperly equip and maintain two sewage system lift stations within said mobile home park. He said the suit further charges that the owners and operators of said park are making unauthorized discharges of raw sewage into the waters of the State of Texas. Haney asked the Council to ratify his filing of this suit. He said he has filed suit and the de- fendants are now under a restraining order. He said there is to be a hearing on July 3, 1978 to hear whether f or not that restraining order is made into a temporary injunction and a hearing held wherein the Judge would make whatever orders are appropriate depending upon the evidence that lie hears at that time. lie asked the Cowicil to pass this Resolution ratifying his filing of this suit. He said under this particular statute, the suit asks for civil penalties in the amount of not to exceed $1,000 per day for each violation of the statute and that the statute is part of the water code for the State. Councilman Dickens moved to adopt the Resolution ratifying the suit against the owners of the Rustic Pines Mobile Home Park. Councilman Hodges seconded the motion. All were in favor and the motion passed unanimously. CONSIDER RESOLUTION ESTABLISHING THE NECESSITY OF RIGHT-OF-WAY FOR THE NORTH HUNTSVI LLE SEWER PLANT Mr. Haney read the caption of the Resolution, as follows: f RESOLUTION NO. 78-11 I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ESTABLISHING THE NECESSITY FOR ACQUISITION OF RIGHTS-OF-WAY IN CONNECTION LITH THE SANITARY SEWER SYSTEM EXPANSION PROGRADIAIND AUTHORIZING .ACQUISITION IN CONFORMANCE ItiITH THE UNIFORM RELOCATION ASSISTANCE AJ\D REAL PROPERTY ACQUISITION POLICIES ACT OF 1970; AND ESTABLISHING LAND ACQUISITON POLICY AND PROCEDURES. Mr. Haney described the procedures outlined in the Resolution. He said the City is now asking for authorization to acquire an access road to the plant site, the plant site itself, the 20 foot easement for RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: e50(��i un -7�- 13 CR) 0$41--7% • • RESOLUTION NO. 78-13- A WHEREAS, MARTIN 1). COLLEY has served as the City Attorney for the City Of Huntsville from May of 1970 until July of 1978;. and WHEREAS, during that eight year period, he has displayed an impressive and very cu!petent legal. expertise and a sincere and gratifying drd.ication :in the discharge of the duties of his post; and WHEREAS, in addition to this great legal expertise and loyal service, MARTIN D. COLLEY has always exhibited a wonderful spirit, great wit and Inn➢pr in his uniquely professional style which have contributed to his value and effectiveness in his work and in the enjoyment and respect of all of those who have the opportunity to know him; and WHEREAS, his contributions to the grm,,th, development, and quality of life in Iuntsville during this tenure are of incalculable value as well as of positive influence to the betterment of our community, its citizens, and especially his friends mid associates; NOW, THEPEFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that our greatest and most sine^re expressi.c:i of thanks be given to MARTIN D. COLLEY for a job extremely well done; and BE IT FURTHER RESOLVED that his valuable friendship, unique humor and special expertise have and will always be held in the highest esteem by everyone associated with the City of Huntsville and all of his friends; and may it ALSO THEREFORE, BE PROCLA11MED that AUGUST S, 1978 be designated as MARTIN D. COLL11Y APPRECIATION DAY IN 191E CITY OF HUNI'SVILLE, as an expression of our gratitude and as a token of uar deep respect for this individual and for his years of service to our coimnunity. WHEREUPON, said Resolution and Proclamation were duly made, seconded, and passed by unanimous vote of the City Council of the City of Huntsville, Texas, on the 8th day of August, A. D., 1978; and to certify which the 1.4;:yor of said City has hereto set his hand, along with those of the City Council, and caused the seal of the City to hereto be affixed. CITY 017 HUNTSVILLEE,, TEXAS Councilmembers: Morris 1. Waller, Mayor .__rte ! / Murray A. Brown 13111 0.8ges 1z7I Lai/ Corley (� Delora l�11 `il/ (iL/"y/`L_�/'ty��yn 3�. _/�]',�,?.__�Vr e l C�Jrt"'✓n'6iv"�.-_ r--- 'Way e!Daigle Goree McGlothen V L. Larry Dickens / '; Jack Parker ATTEST: v R tit D,'.Shaw, City Secretary i Jim 1dcAlister, City 1lanager n t.c+ o-_ Z1 I ?iry' y. � RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: • • RESOLUTION 78-13 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: That the 1978 Assessment Rolls of the City of Huntsville, heretofore having been approved by the Board of Equalization of the City of Huntsville, Texas, on August 8, 1978, for the year 1978, are hereby approved by the City Council of the City of Huntsville, Texas. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED this the 12TH DAY OF SEPTEMBER, A.D., 1978. CITY OF HUNTSVILLE, TEXAS (SEAL) i y: Morris I. Waller, Mayor ATTEST: `' uth DeS aw, ty ecretary APPROVED AS TO FORM: Jack aney, City A orney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 78-14 Drainage Project RESOLUTION NO. 78-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ESTABLISHING THE NECESSITY FOR ACQUISITION OF RIGHTS- OF-WAY IN CONNECTION WITH THE CITY'S DRAINAGE IMPROVEMENT PROGRAM AND AUTHORIZING ACQUISITION IN CONFORMANCE WITH THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUIS- ITION POLICIES ACT OF 1970. WHEREAS the Governing Body is vitally concerned with efficient execution of the drainage improvement program under its jurisdiction in keeping with established policies and procedures, NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF HUNTSVILLE THAT THE PURCHASE OF ALL OR A PART OF THE FOLLOWING LISTED PARCELS OF LAND IS NECESSARY AND SAID PURCHASES ARE HEREBY APPROVED AND RATIFIED FOR THE SUCCESSFUL COMPLETION OF THE DRAINAGE IMPROVEMENT PROGRAM IN THE CITY OF HUNTSVILLE: Avenue C Drainage Project Tract number 1, being .0066 acres out of the Alonzo McDaniel tract as recorded in Vol. 160, Page 520 of the Walker County Deed Records; Tract number 2, being .15 acres out of the Willie Neal Estate tract as recorded in Vola 98, Page 203 of the Walker County Deed Records; Tract number 3, being .042 acres out of the W. S. Smith tract as recorded in Vol. 94, Page 559 of the Walker County Deed Records; Tract number 4, being .061 acres out of the Milton, Johnnie, and Willie Jones tract as recorded in Vol. 199, Page 749 of the Walker County Deed Records; Tract number 5, being .00078 acres out of the Lola Massey tract as recorded in Vol. 124, Page 582 of the Walker County Deed Records; Tract number 6, being .1 acres out of the Polly McBride tract as recorded in Vol. 146, Page 144 of the Walker County Deed Records; Tract number 7, being .06 acres out of the Floyd McGuire tract as recorded in Vol. 181, Page 347 of the Walker County Deed Records; Tract number 8, being .05 acres out of the Jerline Murry Mott tract as recorded in Vol. 120, Page 150 of the Walker County Deed Records; Tract number 9, being .05 acres out of the Harvey Neil tract as re- corded in Vol. 213, Page 693 of the Walker County Deed Records; Tract number 10, being .03 acres out of the Albert Johnson Estate tract as recorded in Vol. 239, Page 612 of the Walker County Deed Records; Tract number 11, being .136 acres out of the Sallie Love tract as recorded in Vol. 93, Page 101 of the Walker County Deed Records; Tracts number 12 and 13, being .148 acres out of the Gerald Kirkland tracts as recorded in Vol. 225, Page 561 and Vol. 283, Page 8 of the Walker County Deed Records; Tract number 14, being .02 acres of the Church of Christ tract as recorded in Vol. 102, Page 204 of the Walker County Deed Records; Tracts number 15 and 16, being .26 acres out of the Willie Patrick tracts as described in Vol. 84, Page 35, and Vol. 112, Page 81 of the Walker County Deed Records; For a total of 1.11438 acres out of the P. Gray League, A-24, Walker County, Texas, and within the City Limits of Huntsville, Texas. Town Branch Drainage Project Tract #1, being .837 acres out of the H.I.S.D. tract as recorded in Vol. 235, Page 283 of the Walker County Deed Records; Tract #2, being .17 acres out of the Alton Irvin tract as recorded in Vol. 134, Page 64 of the Walker County Deed Records; Tract #3, being .055 acres out of the I. P. Hunt tract as recorded in Vol. 126, Page 339 of the Walker County Deed Records; Tract #4, being .07 acres out of the M. M. Rolling tract as recorded in Vol. 149, Page 438 of the Walker County Deed Records; Tract #5, being .0098 acres out of the James Smith, Jr. tract as recorded in Vol. 264, Page 58 of the Walker County Deed Records; Tract #6, being .346 acres out of the Hamilton and Foster tract as recorded in Vol. 105, Page 578 of the Walker county Deed Records; Tract #7, being .02 acres out of the Lilla Holloway tract as recorded in Vol. 195, Page 506 of the Walker County Deed Records; Tract #8, being .03 acres out of the H. M. Taylor tract as recorded in Vol. 184, Page 539 of the Walker County Deed Records; Tract #9, being .04 acres out of the Linford Williams tract as re- corded in Vol. 224, Page 646 and Vol. 240, Page 418 of the Walker County Deed Records; Tract #10, being .19 acres out of the Leon Moten tract as recorded in Vol. 118, Page 582 of the Walker County Deed Records; Tract #11, being .02 acres out of the Sammie Jones tract as recorded in Vol. 140, Page 184 of the Walker County Deed Records; Tract #12, being .07 acres out of the Willie Thomas tract as recorded in Vol. 81, Page 560, of the Walker County Deed Records; Tract #13, being 2.04 acres out of the B. A. Eastham tract as recorded in Vol. 76, Page 594 of the Walker County Deed Records; Tract #14, being .23 acres out of the Harold Roberts tract as recorded in Vol. 199, Page 154, of the Walker County Deed Records; Tract #15, being .13 acres out of the N1. E. Thomason tract as recorded in Vol. 123, Page 334 of the Walker County Deed Records; Tract #16, being .086 acres out of the Johnne Rolling Estate tract as recorded in Vol. 110, Page 146 of the Walker County Deed Records; Tract #17, being .4 acres out of the Leon Moten tract as recorded in Vol. 148, Page 15 of the Walker County Deed Records; For a total of 4.7438 acres out of the P. Gray League, Abstract 24, Walker County, Texas, and within the City Limits of the City of Huntsville, Texas. -2- ADOPTED AND APPROVED by the City Council of the City of Huntsville, at its REGULAR Meeting held the 19th day of SEPTEMBER 1975. Mayor ATT uth DeShaw, City Secretary APPROVED AS TO FORM: Jack rey;'City tto ey -3- RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS ESTABLISHING THE NECESSITY FOR ACQUISITION OF RIGHTS- OF-IVAY IN CONNECTION WITH THE CITY'S DRAINAGE IMPROVEMENT PROGRAM AND AUTHORIZING ACQUISITION IN CONFORMANCE WITH THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUIS- ITION POLICIES ACT OF 1970. WHEREAS the Governing Body is vitally concerned with efficient cxccuti.on of the drainage improvement program under its jurisdiction in keeping with established policies and procedures, NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF HUNTSVILLE THAT THE PURCHASE OF ALL OR A PART OF THE FOLLOWING LISTED PARCELS OF LAND IS NECESSARY AND SAID PURCHASES ARE HEREBY APPROVED AND RATIFIED FOR THE SUCCESSFUL COMPLETION OF THE DRAINAGE IMPROVEMENT PROGRAM IN THE CITY OF HUNTSVILLE: Avenue C Drainage Project Tract number 1, being .0066 acres out of the Alonzo McDaniel tract as recorded in Vol. 160, Page 520 of the Walker County Deed Records; Tract number 2, being .15 acres out of the Willie Neal Estate tract as recorded in Vol. 98, Page 203 of the Walker County Deed Records; Tract number 3, being .042 acres out of the IV. S. Smith tract as recorded in Vol. 94, Page 559 of the Walker County Deed Records; Tract number 4, being .061 acres out of the Milton, Johnnie, and Willie Jones tract as recorded in Vol. 199, Page 749 of the Walker County Deed Records; Tract number 5, being .00078 acres out of the Lola Massey tract as recorded in Vol. 124, Page 582 of the Walker County Deed Records; Tract number 6, being .1 acres out of the Polly McBride tract as recorded in Vol. 146, Page 144 of the Walker County Deed Records; Tract number 7, being .06 acres out of the Floyd McGuire tract as recorded in Vol. 181, Page 347 of the Walker County Deed Records; Tract number 8, being .05 acres out of the Jerline Murry Mott tract as recorded in Vol. 120, Page 150 of the Walker County Deed Records; Tract number 9, being .05 acres out of the Harvey Neil tract as re- corded in Vol. 213, Page 693 of the Walker County Deed Records; Tract number 10, being .03 acres out of the Albert Johnson Estate tract as recorded in Vol. 239, Page 612 of the Walker County Deed Records; Tract number 11, being .136 acres out of the Sallie Love tract as recorded in Vol. 93, Page 101 of the Walker County Deed Records; Tracts number 12 and 13, being .148 acres out of the Gerald Kirkland tracts as recorded in Vol. 225, Page 561 and Vol. 283, Page 8 of the Walker County Deed Records; Tract number 14, being .02 acres of the Church of Christ tract as recorded in Vol. 102, Page 204 of the Walker County Deed Records; Tracts number 15 and 16, being .26 acres out of the Willie Patrick tracts as described in Vol. 84, Page 35, and Vol. 112, Page 81 of the Walker County Deed Records; For a total of 1.11438 acres out of the P. Gray Lcague, A-24, Walker County, Texas, and within the City- Limits of Huntsville, Texas. Town Branch Drainage Project Tract #1, being .837 acres oiit of the H.I.S.D. tract as recorded in Vol. 235, Page 283 of the Walker County Deed Records; Tract #2, being .17 acres out of the Alton Irvin tract as recorded in Vol. 134, Page 64 of the Walker County Deed Records; Tract #3, being .055 acres out of the I. P. Hunt tract as recorded in Vol. 126, Page 339 of the Walker County Deed Records; Tract #4, being .07 acres out of the M. M. Rolling tract as recorded in Vol. 149, Page 438 of the Walker County Deed Records; Tract #5, being .0098 acres out of the James Smith, Jr. tract as recorded in Vol. 264, Page 58 of the Walker County Deed Records; Tract #6, being .346 acres out of the Hamilton and Foster tract as recorded in Vol. 105, Page 578 of the Walker county Deed Records; Tract #7, being .02 acres out of the Lilla Holloway tract as recorded in Vol. 195, Page 506 of the Walker County Deed Records; Tract #8, being .03 acres out of the 11. M. Taylor tract as recorded in Vol. 184, Page 539 of the Walker County Deed Records; Tract #9, being .04 acres out of the Linford Williams tract as re- corded in Vol. 224, Page 646 and Vol. 240, Page 418 of the Walker County Deed Records; Tract #10, being .19 acres out of the Leon Moten tract as recorded in Vol. 118, Page 582 of the Walker County Deed Records; Tract #11, being .02 acres out of the Sammie Jones tract as recorded in Vol. 140, Page 184 of the Walker County Deed Records; Tract #12, being .07 acres out of the Willie Thomas tract as recorded in Vol. 81, Page 560, of the Walker County Deed Records; Tract #13, being 2.04 acres out of the B. A. Eastham tract as recorded in Vol. 76, Page 594 of the Walker County Deed Records; Tract #14, being .23 acres out of the Harold Roberts tract as recorded in Vol. 199, Page 154, of the Walker County Deed Records; Tract #15, being .13 acres out of the hl. E. Thomason tract as recorded in Vol. 123, Page 334 of the Walker County Deed Records; Tract #16, being .086 acres out of the Johnne Rolling Estate tract as recorded in Vol. 110, Page 146 of the Walker County Deed Records; Tract #17, being .4 acres out of the Leon Moten tract as recorded in Vol. 148, Page 15 of the Walker County Deed Records; For a total of 4.7438 acres out of the P. Gray League, Abstract 24, Walker County, Texas, and within the City Limits of the City of Huntsville, Texas. -2- ADOPTED AND APPROVED by the City Council of the City of Huntsville, at its RE� )�Meeting held the 19 th day of S F a j 1978. Mayor ATTEST: —UI-A Ruth DeShaw, City Secretary APPROVED AS TO FORM: 46m, 06'1" Jack flaner, City A orney 3 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 78-15 AE Hamilton Service Award • RESOLUTION NO. 78-15 A RESOLUTION OF APPRECIATION COAI`IENDING A. E. HAMILTON FOR DEDICATED SERVICE TO THE CITIZENS OF THE CITY OF HUNTSVILLE WHEREAS, A. E. Hamilton began his employment with the City of Huntsville in September of 1948; and WHEREAS, A. E. Hamilton served continuously from his date of employment to the present time, a period of thirty (30) years; and WHEREAS, A. E. Hamilton, during his thirty (30) years of tenure was a dedicated and faithful employee and his service contributed much to our Community. ® NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that A. E. Hamilton is hereby commended for his dedicated service to the City of Huntsville and this Resolution and plaque given herewith are a token of esteem and appreciation for said service. WHEREUPON, said Resolution was duly made and seconded and upon vote was unanimously passed this the�/� day ofv A.D., 1978. IN WITNESS WHEREOF the Mayor of said City subscribes his name hereto and causes the City Secretary to attest to same. THE CITY OF HUNTSVILLE, TEXAS By: %/fid ✓✓i ,G (//z Morris I. Waller, Mayor ATTE �eSg�haw, ty Secretary • I RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 78-16 LEAA Grant RESOLUTION NO. 78-16 WHEREAS, the City of Huntsville has submitted a grant request for a Management Information System to the Criminal Justice Division; and WHEREAS, the proposal requesting funding in program category F-01 with the surplus funds of 1977 has been recommended for approval and funding by the Criminal Justice Division of the Office of the Governor; and WHEREAS, a requirement for the use of these funds is that the project must be completed by September 30, 1979, and a formal application is needed from the Mayor and City Council along with a Resolution of the City's intent to participate with cash matching funds of 25 percent of all equipment, which amounts to $3,991 of the $11,972 grant, and this is a one-year request with non-continuing LEAA funds; and WHEREAS, this system will interface with the existing computer system presently in operation by the City and will greatly improve the efficiency of the Police Division records and investigations ability through statistical information available; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Huntsville, Texas, that the City supports and approves the applica- tion by the Police Division for the Management Information System Grant from the Criminal Justice Division of the Office of the Governor, and resolves to participate with cash-matching funds of 25 percent of all equipment, or $3,991.00. SAID RESOLUTION having been duly read and approved in open session by the Mayor and City Council of the City of Huntsville, on the 26th day of September, 1978, the Mayor of the City then affixed his official signature hereto and caused the seal of. the City of Huntsville to be impressed hercon. THE CITY OF HUNTSVILLE, TEXAS s By Morris I. Waller, ayor uth DeShaw, City Secretary APPROVED AS TO FORM: Jack any, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ��slnl,LtiUYL �' �7 RESOLUTION NO. 78-17, A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PERIOD OCTOBER 1, 1978 THROUGH SEPTEMBER 30, 1979, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SUCH BUDGET. WHEREAS, the Charter of the City of Huntsville, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of Huntsville, Texas, prior to the beginning of the fiscal year of such City, and that a public hearing be held prior to the adoption of such budget; and, WHEREAS, the budget for the year October 1, 1978 through September 30, 1979, has heretofore been presented to the City Council and due deliberation had thereon, and a public hearing having been held as required by law and all comments and objections have been considered: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, THAT, the Budget for the CITY OF HUNTSVILLE, TEXAS, now before the said City Council for consideration, be, and the same is hereby adopted as the budget for said City for the period October 1, 1978 through September 30, 1979; BE IT FURTHER RESOLVED, that the said City Council finds that all things requisite and necessary to the adoption of said budget have been performed as required by Charter or Statute. PASSED this the 26th day of September, 1978. THE CITY OF HUNTSVILLE, TEXAS Br, Morris I. Waller, Mayor AT uth e aw, ity Secretary APPROVED AS TO FORM: -rack ity t o ey RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 78-18 Sanitation Rates RESOLUTION NO. 78-18 WHEREAS, City of Huntsville Ordinance No. 74-8 authorizes the City Council from time to time to establish rates for sanitation services and to establish frequency of collection of garbage and refuse; and WHEREAS, the City Sanitation Division has conducted a study to determine appropriate rates and frequency of collection of garbage and refuse and the City Council having found that such appropriate rates and frequency of collec- tion would be in the best interest of the City; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Huntsville, Texas, that from and after October 1, 1978, the following rates for sanitation services shall prevail: Residential Service . . . . . . . . . . . . . . . . . $4.50 per month Apartments and Mobile Homes Served in Mobile Home Parks . . . . . . . . . . . . . . . . . . . . . . . . $3.50 per month Elkins Lake Residents . . . . . . . . . . . . . . . . $5.65 per month BE IT FURTHER RESOLVED, that such collection be twice weekly, and that the refuse collection point be at the back door for two 30 gallon garbage cans, or at the curb for more than two cans, and that the City Sanitation Division shall determine the respective days of the week for each route within said City for such collections as authorized. Wednesdays, the City will collect any and all trash, garbage, tree limbs, etc., placed at the curb, provided there is compliance to the provisions governing such collections as prescribed by the City Sanitation Division. WHEREUPON, said Resolution was duly made and seconded and upon vote was unanimously passed. IN WITNESS WHEREOF, the Mayor of said City subscribes his name hereto and causes the City Secretary to attest to same. Passed in Open Council on this the 26th day of September, 1978. THE CITY OF HUNTSVILLE, TEXAS, Morris I. Waller, Mayor AT . th DeShaw, City Se re ary �, RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 78-19 Arts Council CITY OF HUNTSVILLE RESOLUTION NO. 78-19 WHEREAS, there has been a yearly expansion of programs in the arts by the City of Huntsville, there is a need for citizen input in the planning of a continuing series of cultural events and experiences which will further enhance the quality of living in our community; and WHEREAS, the interests of each of the various arts activities may be better served by a single umbrella agency made up of interested individuals drawn from the wealth of local professional artists. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Huntsville hereby creates the Huntsville Arts Commission which shall be composed of three members, appointed by the Mayor with the approval of the City Council for the purpose of hearing ideas for Drogramming in the arts; for determining the annual budget for the arts subject to approval of the City Council; and for providing leadership to private organizations in the corrwnit• for the promotion of the arts in Huntsville. THEREFORE, BE IT FURTHER RESOLVED that there be appointed an additional eight (8) advisory members to the commission, whose responsibility it will be to submit ideas to the three member commission for consideration; that the commission and advisory members shall serve for a two year period with overlapping terms; that one member of thecommission shall serve as Chairperson at each of the quarterly meetings of the commission on a rotating basis; and that the City's Program Coordinator shall be Staff Advisor and Ex-Officio member of the commission for the purpose of communicating the commission's recommendations and annual budget requests through the City Administration to the City Council. WHEREUPON, said Resolution was duly made, seconded, and passed by unanimous vote of the City Council of Huntsville, Texas on the 26th day of September, 1978, and to certify which the Mayor of said City has hereto set his hand and caused the seal of the City to be hereto affixed. THE CITY OF HUNTSVILLE, TEXAS BY:( ��rM^- d-(,VaA� MORRIS I. WALLER, Mayor ATTEST: YE E iY� RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 78-20 Sale of Airport Land Tract RESOLUTION 78-20 WHEREAS, the City of Huntsville, Texas, is the owner of a' certain tract or parcel of land located out of the Warren Birdsell Survey, Abstract #6 and located within the city limits of Huntsville, Texas in Walker County, Texas, a portion of which property is not utilized by the City and is not needed for public purposes and after due consideration by the City Council of the said City has been determined to be surplus property and by virtue thereof the said City Council has further determined that it would be in the best interest of said City and the public interest, to dispose of said real estate by public sale; and WHEREAS, Section 14.14 of the City Charter of the City of Huntsville, Texas, requires that no sale or lease of real estate shall be made without first advertising for bids by notice in the official newspaper of the City for two consecutive weeks which notice the City Council desires to publish. NOW, THEREFORE, be it RESOLVED by the City Council of the City of Huntsville, Texas, that said City Council has made a determination and finding that the following described real property is surplus property and that the public interest would best be served by the public sale of same after due notice as required by the Charter of said City. Said real property is described as follows: TRACT 1: Being 2.314 acres out of the Warren Birdsell Survey, Abstract #6 and located within the city limits of Huntsville, Texas in walker County and being more fully described as follows: Beginning at a stake set for the southeast corner of the Hitchin Post Truck Stop property as described in a deed from the City of Huntsville to E. B. Chapman, Ellis Olmstead and John S. Calhoun, recorded in Volume 205, Page 560 of the Walker County Deed Records, said stake being in the north R.O.W. line of U.S. Hwy. #75, Thence S 73 00' 08" E, 256.10 ft. along the north R.O.W. line of U.S. Hwy. #75 to a stake set for corner, 0 Thence N 5 50' 15" E, 426.95 ft. to a stake set for corner, Thence N 840 14' 49" E, 250.397 ft. to a stake set in the east line of the said Hitchin Post property for corner, Thence S 50 58' 04" W, 377.02 ft. along the east line of said Hitchin Post property to the place of beginning. TRACT 2: Being 2.314 acres out of the Warren Birdsell Survey, Abstract #6 and located within the city limits of Huntsville, Texas in Walker County and being more fully described as follows: Beginning at a fence post called the northeast corner of the Hitchin Post Truck Stop property as described in a deed from the City of Huntsville to E. B. Chapman, Ellis Olmstead, and John S. Calhoun recorded in Volume 205, Page 560 of the Walker County Deed Records, Thence S 50 58, 04" W, 403.45 ft. along the east line of the said Hitchin Post property to a stake set for corner, Thence S 84 14' 42" E, 250.4 ft. to a stake for corner, Thence S S0 50' 15" E, 403.45 ft. to a stake for corner, 0 Thence N 84 14' 42" IV, 249.48 ft. to the place of beginning. TRACT 3: (Tracts 1 and 2 combined) Being 4.629 acres out of the Warren Birdsell Survey, Abstract #6 and located within the city limits of Huntsville, Texas in Walker County and being more fully described as follows: Beginning at a stake set for the southeast corner of the Hitchin Post Truck Stop as described in a deed from the City of Huntsville to E. B. Chapman, Ellis Olmstead and John S. Calhoun and recorded in Volume 205, Page 560 of the Walker County Deed Records, said stake being in the north R.O.W. line of U.S. Hwy. #75, Thence S 730 00' 08" E, 256.10 ft. along the north R.O.W. line of U.S. Hwy. #75 to a stake set for a corner, Thence N 50 50' 15" E, 830.40 ft. to a stake set for a corner, yN� Thence N 840 14' 42" IV, 249.48 ft. to a fence post called the northwest corner of the said Hitchin Post Truck Stop property, Thence S So 58' 04" IV, 780.47 ft. to the place of beginning. BE IT FURTHER RESOLVED that the City Secretary of the City of Huntsville shall cause to be published for the time required by law in the Huntsville Item, the official newspaper of said City the following notice: Notice is hereby given that the City Council of the City of Huntsville, Texas, will receive sealed bids in the office of the City Secretary for the sale of real estate hereinafter described until 11:00 o'clock A.M. on the 21st day of November, 1978, at which time such bids shall be opened and publicly read. Said real estate is described in caption as follows: Being 4.629 acres out of the Warren Birdsell Survey, Abstract #6 and located within the city limits of Huntsville, Texas in Walker County, Texas. A plat showing the location and exact dimensions of said real estate may be seen in the office of the City Secretary between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday for purposes of a better description of the property. Each bid shall be in writing, signed, and accompanied by cashier's check or certified check in the amount of Ten (10%) percent of the bid price, which sum shall be retained as earnest money by said City if such bid is accepted, applied to purchase price at consumation of said sale or forfeited if bidder thereafter fails to perform for any reason other than defects of title in City. Terms of such sale shall be cash and the City reserves the right to reject any and all bids Bids received after the time and date stated above will be returned unopened. The City shall furnish a deed of conveyance and all other expense shall be borne by buyer. Consumation of sale shall be no later than ten (10) days after acceptance of bid. WHEREUPON, said Resolution was duly made, seconded and passed by unanimous vote on this the ]�,.day of November, 1977n8. G�� lea MORRIS I. WALLER, MAYOR TH DESHAW, CITY SECRETARY �'ZJ RECORDS SERIES TITLE: Ordinances, orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 79 Police Grant RESOLUTION NO. 79-1 WHEREAS, the City of Huntsville has submitted a supplemental grant request for a Inco-Term Computer (Management Information System) to the Criminal Justice Division; and WHEREAS, the proposal requesting funding in program category B04 with the surplus funds of 1977 has been recommended for approval and funding by the Criminal Justice Division of the Officer of the Governor; and WHEREAS, a requirement for the use of these funds is that the project must be completed by September 30, 1979, and a formal application is needed from the Mayor and City Council along with a Resolution of the City's intent to participate with cash-matching funds of 25 percent of all equipment, which amounts to $4,032 of the $16,128 grant, and this is a one year request with non-continuing LEAA funds; and WHEREAS, this system will interface with the existing computer system presently in operation by the City and will greatly improve the efficiency of the Police Division records and investigations ability through statistical information available; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Huntsville, Texas, that the City supports and approves the applica- tion by the Police Division of the Management Information System Grant from the Criminal Justice Division of the Office of the Governor, and resolves to participate with-cash matching funds of 25 percent of all equipment, or $4,032.00. SAID RESOLUTION having been duly read and approved in open session by the Mayor and City Council of the City of Huntsville, on the 23rd day of January, 1979, the Mayor of the City then affixed his official signature hereto and caused the seal of the City of Huntsville to be impressed hereon. THE CITY OF HUNTSV�IILLLE, TEXAS ATTEST: Bye Morris I. Waller, Mayor / v R—uth DeShaw, City Secretary APPROVED AS TO FORM: Jack Maney, City Atto7 ey RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 79-2 Police grant approval CITY OF HUNTSVILLE P. 0. Box 839 Huntsville, Texas 77340 FROM THE OFFICE OF THE CITY SECRETARY # # # # # MAYOR AND CITY COUNCIL # # # # Chief Burch noted a typographical error on the attached # # Resolution which had read, in the last line of the third # # # # paragraph,"that this is a one year request with non- # # continuing LEAA funds." He said it should have read # # # and this is the first year request for continuing # # LEAA funds;" (attached copy has been corrected). # # # # I wanted you to be aware that this change had been made # # on a previously adopted resolution. Apparently the typist # # was copying the style from another resolution and that # # particular statement did not apply to this new resolution. # # # # # # # # Ruth # # 2/13/79 # # # # # # # # # # it RUTH DeSHAW # RESOLUTION NO. 79-2 WHEREAS, the City of Huntsville has submitted a grant request for Juvenile Crime Prevention and Diversion Unit to the Criminal Justice Division; and WHEREAS, the proposal requesting funding in program category F-01 with the surplus funds of 1977 has beem recommended for approval and funding by the Criminal Justice Division of the Office of the Governor; and WHEREAS, a requirement for the use of these funds is that the pro- ject must be completed by September 30, 1979, and a formal application is needed from the Mayor and City Council along with a Resolution of the City's intent to participate with in-kind matching funds consisting of one police radio and emergency equipped vehicle, gasoline, oil and main- tenance, which amounts to $8,500 of the $40,582 grant, and this is the first year request for continuing LEAA funds; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Huntsville, Texas, that the City supports and approves the applica- tion by the Police Division for the Grant from the Criminal Justice Division of the Office of the Governor, and resolves to participate with in-kind matching funds consisting of one police emergency radio equipped vehicle, gas, oil and maintenance at a cost to the City of $8,500. SAID RESOLUTION having been duly read and approved in open session by the Mayor and City Council of the City of Huntsville, on the 23rd day of January, 1979, the Mayor of the City then affixed his official signature hereto and caused the seal of the City of Huntsville to be impressed hereon. THE CITY OF HUNTSVILLE, EAS ATTEST: By: ' MorriQerU, Mayor �De C�ecr APPROVED AS TO FORM: 1 Jack Haney, City Att, rney iry RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 79-3 Relief&Retirement Plan-Fire Fighters 02-13-79 RESOLUTION NO. 79-3 WHEREAS, the State of Texas has created a Relief and Retirement Fund for Volunteer Firemen under Article 6243 E.3 of V.T.C.S., which is in addition to the local retirement fund already provided by the City of Huntsville, and WHEREAS, the local membership of the Volunteer Service has, by a majority vote, expressed their desire to participate in the State plan and is soliciting the Mayor and City Council of Huntsville to formally take action to allow the City to participate in the State plan, and WHEREAS, the resources that exist in the local fund must be turned over to the State fund to insure that fund to be actuarily sound for future benefactors and recipients, and that persons already retired, disabled, or widowed will not become part of the State plan, but will be eligible recipients to be paid directly from the City of Huntsville's General Fund so long as they shall be eligible; and WHEREAS, the Mayor and City Council of the City of Huntsville want to con- tinue to support the Volunteers for the excellent service they render to the City, and provide all benefits fiscally possible. NOW, THEREFORE, BE IT RESOLVED, the City of Huntsville does hereby officially give notice to the Commissioners of the Volunteer Fire Fighters' Relief and Retire- ment Fund of its intent to participate in said fund and to make our Volunteers eligible for any and all benefits provided in the plan. PASSED AND APPROVED this the 13TH DAY OF FEBRUARY, A.D., 1979. CITY OF HUNTSVILLE, TEXAS BY: M rris I. Waller, Mayor ATTEST: ��ALL 4 , CitYSecretary- Fr RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 79-5 Hornet Basketball � N RESOLUTION NO. 79-5 WHEREAS, the City Council of the CITY OF HUNTSVILLE, has enthusiastically followed the progress of the 1979 Huntsville High School Hornet Basketball Team throughout the regular and post season games; and WHEREAS, the Hornets have, for the third consecutive year, won zone, district, bidistrict, and regional titles; and WHEREAS, they have therefore participated in three consecutive State Tournaments; and WHEREAS, the Hornets have equalled a State record by winning back to back State Championships for Class AAA over the 1978 and 1979 seasons; and WHEREAS, every citizen of Huntsville acknowledges the dedicated effort and hours of practice put forth by the following young men: David Richardson Patrick Antwi Sam Douglas Anthony Antwi Paul Luna Henry Speaker Terry Hoage Dallas Williams Edgar Crawford Curtis Wallace Lloyd Archie Blanton Moore their coaches, managers and statistician: Coach Gary Surratt Robert Main, Statistician Coach Glenn Phillips John Harrison, Manager Andy Allen, Manager throughout this season to obtain this peerless title and achieve this envious record. THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville that heartiest congratulations be extended to the Hornets, their parents, the student body and fans upon winning their second straight State AAA title; AND, BE IT FURTHER RESOLVED that all of the fine work that led to the establishment of Huntsville's winning tradition in Basketball, Little Dribblers, Intermediate, 9th Grade and Junior Varsity Programs all be commended for their continuing fine efforts. WHEREUPON, said Resolution was duly made, seconded, and passed by unanimous vote of the City Council of the City of Huntsville, Texas on this the 13th day of March, A. D., 1979, and to certify which, the Mayor of said City has hereto set his hand and seal of the City of Huntsville. THE CITY OF HUNTSVIILLLEE, TTEE'XAS Morris I. Waller, Mayor AT I� �C4e`cifuthw, RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: -; 66 U-tl Un-19—LP &aar - ��rn�nis�rirn CUmends WoYk- 6� Chi Crsm�u� RESOLUTION NO. 79-6 WHEREAS, the Mayor and City Council of the CITY OF HUNTSVILLE, on February 27, 1979, appointed a special advisory committee made up of citizens and employees of the City of Huntsville to address the improvement of the City's present system of grievance procedures and due process for all employees; and WHEREAS, this Committee became known as the CHARTER STUDY COMMISSION, and was composed of the following individuals: Mr. Jack Kyle, Chairman Mr. Gene Bates Mrs. Ann Baker Mr. Dennis Johnston Dr. Sam Souryal Mr. John Keys Mr. Charles Tackett Mr. Jay Smith who formed a hard working and dedicated group that spent in excess of 17 hours within a time frame of one week, to gether information, study and analyze that information, and to draft their recommendations for action by the City Council for the Charter amendment; and WHEREAS, the City Council recognizes the sincerity and dedication of these citizens and employees in responding to the request of the City Council and the Council also recognizes the value of their expertise and their unselfish donation of time and talent to expedite the completion of their assignment; and WHEREAS, the City Council is extremely grateful for the services rendered by these citizens of our community and wishes to publicly commend each of them by recognizing their outstanding contribution to the democratic government "by the people" of the City of Huntsville. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the City of Huntsville, that the CHARTER STUDY COMMISSION of the City of Huntsville is hereby recognized for its outstanding service to the citizens of the City of Huntsville and is hereby commended for a job very well done! PASSED AND APPROVED this the 13th day of March, A. D., 1979. THE CITY OF HUNTSVILLE, TEXAS By: a Morris I. Waller, Mayor LATT Y y Ruti�� h DeShaw, City Se retary I � r _ s RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 79-07 Title: MANCE PARK RECOGNITION Date: 05-08-79 Murray A. Brown Larry-Corley E. Larry Dickens Jerry" L. Dowling William Hodges Jane Monday Members absent: Delora Ring Goree McGlothen The meeting was called to order by the Honorable Morris I. Waller, Mayor. The invocation was given by Councilman Murray A. Brown. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the minutes of the previous" meeting of April 17, 1979 to the Council for their consideration. Councilman Brown moved to adopt the minutes as prepared and Councilwoman Monday seconded the motion. All were in favor and the motion passed unanimously. MAYOR IS REPORT Proclamation of dance E. Park Day in Huntsville, Teras" Morris I. Waller then read a proclamation proclaiming Mance E. Park Day in the City of Huntsville on May 11, 1979. "Ir. Park is retiring after 22 years of service to the Huntsville Independent School System as its Superintendent. The community is to recognize the many accomplishments of Mr. Park during this celebration by having a reception and dinner in his honor. Consider Resolution No. 79-7 Supporting the W. T. Robinson Memorial Highway Designation 'Mayor Waller then read the Resolution in honor of Mr. W. T. Robinson, who was a prominent business and civic leader of the City of Huntsville, which supported a Chamber of Commerce application seeking the designation of Interstate Highway No. 45, between Mile Post 112.5 and 119.0 as the "IP. T. Robinson Memorial Highway." Mr. Tom Randle, President of the Huntsville Chamber of Commerce, introduced the request to the Council by elaborating on the history of the construction of the interstate highway just west of Huntsville. i Councilman Brown moved to adopt Resolution No. 79..7 and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. I esp tfully submitted, L_ i duteeSfia ity Secretary ,I May 3, 1979 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 79-8 Cq N.Sewer Plant Ind.Waste Recovery Req. 06-26-79 RESOLUTION Na, 79-8- A OF CITY OF HUNTSVILLE, TEXAS WHEREAS, on October 18, 1972, the Federal Water Pollution Control Act Amendments of 1972 were enacted, extending the Construction Grants Program and imposing new requirements on grant applicants; and, WHEREAS, Section 204 (b) (1) (B) of the Act prohibits the Environmental Protection Agency from approving a construction grant after March 1, 1973, unless the grant applicant has made provision for repayment by the industrial users of the treatment works, of that portion of the Federal Grant which is allocable to the construction of facilities for treatment of waste from those users; and WHEREAS, applicants for Step 2 (preparation of construction drawings and specifications) and Step 3 (fabrication and building of a treatment works) grants must furnish letters of intent from prospective industrial users pursuant to 40 CFR 35.925-12; and WHEREAS, all Step 2 and Step 3 grants will be made on the condition that the grantee will comply with Federal ICR require- ments unless the project will not initially serve industrial users; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that at the present time the City of Huntsville has no industry served by the City of Huntsville Waste Water Treatment Facility. However, the City of Huntsville will require that any industrial user connecting to the waste water treatment facility of the City of Huntsville in the future during the applicable industrial costs recovery, will be required to pay back its fair share of the appropriate Federal Grant Monies, in accordance with Title 40 CFR sub-part E. This resolution passed by unanimous vote of the oe June,Council D. of the City of Huntsville, Texas, on the Y 1979. THE CITY OF HUNTSVILTrE, �TE�CP4 ORRIS I. WALLER, MAYOR DeSHAW11 CITY SECRETARY JACK'!HAivLY� , CSI Y:'ATTORNEY RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resloution 79-8 1979 Tax Roll CORRECTION This Document Has Been Rephotographed To Assure Legibility. Microfilming Target RMD 210(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resloution 79-8 1979 Tax Roll RESOLUTION 79-8 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: That the 1979 Assessment Rolls of the City of Huntsville, heretofore having been approved by the Board of Equalization of the City of Huntsville, Texas on July 27, 1979, for the year 1979, are hereby approved by the City Council of the City of Huntsville, Texas. That it is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED AND APPROVED this the 28th day of August, A. D. 1979. CITY OF HUNTSVILLE, TEXAS (SEAL) Morris I. Waller, Mayor ATTEST: 4ity uth DeShaw, Secretary APPROVED AS TO FORM: Jack ey, �--ItYlt�--Y RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 79-9 Appoints Board/ Central Tax Appraisal Dist. • R E S O L U T I O N # 79-9 A RESOLUTION NOMINATING THE-.CANDIDATES OF.THE BOARD OF DIRECTORS OF THE WALKER COUNTY CENTRAL APPRAISAL OFFICE AND AMENDING SECTION 6.03 (a) of S. B. 621 INCREASING THE MEMBERSHIP FOR THE BOARD OF DIRECTORS. WHEREAS, Senate Bill 621, Section 6.03 provides for the formation of the Board of Directors for the Walker County Central Appraisal District and their appointment by vote of the participating taxing entities in the District; and WHEREAS, Section 6.03 (i) provides that the governing bodies of 3/4 of the taxing units that are entitled to vote on the appointment of members of a district's board of directors may change the number of members on the board of directors or may change the method of selecting members of the board of directors; and WHEREAS, this provision of this section has been complied with and the voting members hereby each resolve by separate resolutions that The Act (S.B. 621) be so amended to increase the number of directors from five to seven; and hereby amends Section 6.03 (a) to read as follows: "(a) the appraisal district is governed by a board of seven directors. To be eligible to serve on the board of directors, an individual must be a resident of the district and must have resided in the district for at least two years"; and WHEREAS, the governing bodies of 3/4 of the taxing units have met and have nominated seven candidates and two alternates for the Board of Directors of the Central Appraisal District. These seven nominees and two alternates are: Nominees: Mr. John Amick Mr. Cecil Williams Mr. M. B. Etheredge Mrs. Joyce Robinson Mr. Leon Belinowski Mr. J. S. Robinson Mr. Ralph Lawson NOW, THEREFORE, BE IT RESOLVED, that the membership in the Walker County Central Appraisal District be increased to seven members and be it further resolved that the Board of Directors'nominees be submitted toi_all of.. those in the voting membership of the Central Appraisal District for appointment. APPROVED this the llt day of 1979• CITY OF HUNTSVILLE, TEXAS BY Moms . 47aller, Mayor (::TES i h DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Pdoph hg 79-r 6 CcC�e RESOLUTION NO. 79-10 A RESOLUTION APPROVING AND ADOPTING THE BUDGET FOR THE CITY OF HUNTSVILLE, TEXAS, FOR THE PERIOD OCTOBER 1, 1979 THROUGH SFPTEMBER 30, 1980, FINDING THAT ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND PRESENTMENT OF SUCH BUDGET. WHEREAS, the Charter of the City of Huntsville, Texas, and the Statutes of the State of Texas, require that an annual budget be prepared and presented to the City Council of the City of Huntsville, Texas, prior to the beginning of the fiscal year of such City, and that a public hearing be held prior to the adoption of such budget; and, WHEREAS, the budget for the year October 1, 1979 through September 30, 1980, has heretofore been presented to the City Council and due deliberation had thereon, and a public hearing having been held as required by law and all comments and objections have been considered: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, THAT, the Budget for the CITY OF HUNTSVILLE, TEXAS, now before the said City Council for consideration, be, and the same is hereby adopted as the budget for said City for the period of October 1, 1979 through September 30, 1980; BE IT FURTHER RESOLVED, that the said City Council finds that all things requisite and necessary to the adoption of said budget have been performed as required by Charter or Statute. PASSED THIS THE,�day of September, 1979. THE CITY OF HUNTSVILLE,,TEXAS BY: "r"° G Morris I. Waller, Mayor AT � -� uth DeShaw, City Secretary APPROVED AS TOIIFORM: Jack aney, City Atto rney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: 1� �iU-n-�9li )VnULU 4b Cd Ily L42,2t)z RESOLUTION NO. 79-11 WHEREAS, the City of Huntsville has submitted a grant request for Juvenile Crime Prevention and Diversion Unit to the Criminal Justice Division; and WHEREAS, the proposal requesting funding in program category C-02 with the surplus funds of 1980 has been recommended for approval and funding by the Crinimal Justice Division of the Office of the Governor; and WHEREAS, a requirement for the use of these funds is that the pro- ject must be completed by August 31, 1981, and a formal application is needed from the Mayor and City Council along with a Resolution of the City's intent to participate with in-kind matching funds consisting of one police radio and emergency equipped vehicle, gasoline, oil and main- tenance, which amounts to $8,500 of the $42,202 grant. There will be a cash-match fund of $6,740. This is the second year request for continuing LEAA Funds. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Huntsville, Texas, that the City supports and approves the applica- tion by the Police Division for the Grant from the Criminal Justice Division of the Office of the Governor, and resolves to participate with in-kind matching funds consisting of one police emergency radio equipped vehicle, gas, oil, maintenance at the cost to the City of $8,500 and the cash-match of $6,740. SAID RESOLUTION having been duly read and approved in open session by the Mayor and City Council of the City of Huntsville, on the 25th day of September, 1979, and the Mayor of the City then affixed his official signature hereto and caused the seal of the City of Huntsville to be im- pressed hereon. THE CITY OF HUNTSVVIILLEE,, TEXAS ATTEST: By./TH�!"��"�` / � Morris I. Waller, Mayor (:R:utih6e&aw, y APPROVED AS TO FORM: Jac� Haney, City Att9 ney RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 79-12 Title: EPA SIGNATORY AGENT Date: 10-23-79 vacancyclause ano wouia Teel more cuu urlou c awn -•• o City's time and efforts in the preparation of the facility. Councilman Corley wished to clarify that all improvements would be of a portable nature. It was found that I they would be portable. He said too that when this letter agreement is forwarded, the City should strongly mention the City's desire for a longer than 60 days vacancy clause. Councilman Dickens recommended that improvements beyond cleaning the lot be discussed with the Council. He ! said it was his conception that the park would not necessarily be turned into a playground. He felt it was a calculated risk, however it is also an innovative idea that he wished the Council would pursue. He commended the Administration for following up on the project. He felt this lot would enhance the downtown beauty of Hunts- ville. Councilman McGlothen felt the City should be more specific on the time it could be used as a City park to recoup its efforts in its cleaning and preparation. Mayor Waller indicated as the Executor of the estate of John Henry Rather, Mr. Powell has the duty to pre- serve, protect and defend and administer the property of the estate in a businesslike manner for the benefit of the beneficiaries to the extent as if they were living themselves. He said, in so doing, it is not possible for him in his present capacity to make any binding commitments without an extensive power to do so. He is merely granting an agreement to use this lot so longasit isnotbeing used for any constructive purpose by the estate. He said that has been an indefinite length of time in the past and it may be an indefinite period of time in the future. He said he felt this agreement protects the city to the maximum extent possible under the circumstances and would encourage the estate and beneficiaries to be generous in their appraisal of the situation. Councilman Dickens indicated his conception for the use of this property would be to develop something there that would be aesthetically pleasing to the downtown area of Huntsville. He said he would not favor spending a creat amount of money. Mayor Waller asked for the consensus of the Council in this regard and it was a unanimous decision on the part of the Council to pursue this park through the contract with Mr. Ben Powell, Jr. THE ADMINISTRATIVE REPORTS--GENE PIPES Consider Resolution Designating Assistant City Manager as the sionatory aqent for EPA Grants Mr. Gene Pipes indicated in the visits between the City and EPA in Dallas over the past week regarding the status of the grant for the new North Huntsville Sewer Plant, it was learned we needed to change our designated representative from Mr. McAlister to himself for the purpose of expediting the grant approval. He then presented Resolution No. 79-12 for that purpose. Councilman Brown moved to adopt Resolution No. 79-12 and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Consider Policy Establishing Sewer Pates in Conformance with EPA Regulations Mr. Pipes then presented Resolution No. 79-14 prepared to comply with the spirit and intent of the regulat- ions established by the United States Environmental Protection Agency relative to fixing of fees to pay for the collection and treatment costs of a sanitary sewer system (North Huntsville Sewer Plant). He said the Resolution resolves to establish-an ordinance relating to the following criteria: RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 79-13 Title: SHSU CENTENNIAL Date: 10-23-79 Brief Executive--Mr. Pipes called for a brief executive session following the Council Meeting. i i MAYOR'S REPORT--MORRIS I. WALLER Appointments to the Huntsvile Arts Commision Mayor Waller then appointed Mr. Tim Franer as a commission member to the Huntsville Arts Commission. He also appointed two advisory members to be Mr. Robert Pierce and Mrs. Patty Sue Davis, subject to the Council's ratification. Councilman Dickens moved to accept the Mayor's appointments and Councilman Corley seconded the motion. All were in favor and the motion passed unanimously. Consider Resolution Honoring SHSU's Centennial Celebration Mayor Waller then read Resolution No. 79-13 in honor of SHSU's centennial which requested all citizens of the community to recognize the progress and achievements of Sam Houston State University over its 100 years of existence. Councilman Corley moved to adopt the Resolution as prepared and Councilman Brown seconded the motion. Councilman Dickens requested the deletion of a parenthetical phrase which read "(B. S., M. S., Ph.D.)." With this deletion being agreed upon, all were in favor and the motion carried unanimously. Consider Appointment of Three Parks Advisory Board Members Mayor Waller deferred action on these appointments until the next meeting of the council when a list of candidates will be available for the council's consideration. Building and Grounds Repair Councilman Brown requested that a ceiling block in the Council Chambers be repaired and that the light in the parking lot which blinks on and off be repaired. Safety at Little League Ball Park Councilman Dickens indicated he will soon be raising the question again about the safety of our spectators at the Little League Baseball Park. Mr. Pipes indicated the staff mould be ready to discuss the matter. Value Incentive Clause Councilman McGlothen requested the City pursue the final adoption of the Value Incentive Clause. Mayor Waller requested that it be discussed in the next work session of the Council--November 6, 1979. Easley Circle Paving Proqress Councilmember Monday requested an update of the paving of Easley Circle. Mr. Pipes indicated they are essentially completed RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 79-14 Ind.Cost Recovery-N.Plant Sanitary Sewer 10-23-79 RESOLUTION NO. 79-14 In order to comply with the spirit and intent of the regulations established by the United States Environmental Protection Agency relative to fixing of fees to pay for the collection and treatment costs of a sanitary sewer system, the City Council of the City of Huntsville, Texas, who are the duly elected representatives of the community, do hereby resolve to establish an ordinance relating to the following criteria: 1. All operations and maintenance costs will be assessed to each user proportionately, based on a percentage of the metered water consumption at each location. 2. Capital improvement costs and debt service, as well as fixed overhead costs, will be assessed each dwelling unit at a base fee established annually at a rate sufficient to retire any applicable costs and debt on an equal basis among the users. ® 3. The ordinance providing for the base fee and proportionate costs will be established and implemented prior to the com- pletion of 80 percent of the work on the Parker Creek Sewer Treatment facility, and amended annually thereafter by October 1 of each year as may be necessary. Section 17-55 of the Industrial Waste Ordinance of the Huntsville Code of Ordinances shall be amended to reflect the following: Any user which generates effluent with a stronger toxicity than a BOD of 250 mg/l or a TSS of 250 mg/l shall be required to pretreat their effluent in such a manner as to correct the deficiency and to the satisfaction of the Utilities Department of the City of Huntsville, or pay for the usage at the industrial cost recovery rate, proportion- ate to the volume and strength of the effluent to be treated. APPROVED this the 23rd day of October, A.D., 1979 THE CITY OF HUNTSSVILL/E,/TEXAS BY: Off, Gc/ ATTEST: Morris I. Waller, Mayor uth DeShaw, City Secretary sa3 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 79-16 Creates Parks Boards • e e RESOLUTION NO. 79-16 WHEREAS, the Huntsville City Council is aware and concerned about the recreational facility needs of the citizens of the community of Huntsville and desires to devote the necessary attention to the exixting facilities to assure their continued optimum service to the recreation of its citizens; and WHEREAS, the Mayor and City Council are of the opinion that citizen input would be a great asset to their delivery of these services and that it would be advantageous to create a Park Advisory Board for each of the City's three park facilities: Kate Barr Ross Memorial Park, Thomas Henry Ball Memorial Park and the Emancipation Park; and WHEREAS, the Council envisions the structure of these parks boards to be as follows: Kate Barr Ross Memorial Park • • • . Six members on board Thomas Henry Ball Memorial Park . • Five members on board Emancipation Park • • . • • • . . • Five members on board Terms: Two members. . . . . . • • • • . • one-year term Two-Three.members. . . . . . . . . . two year term Chairperson . . . . . • • • . • • . three year term Meetings: The second Monday evening of the month in the City Hall at 7:00 P.M. or at called times convenient to the board members. and; WHEREAS, the purpose and function of these parks advisory boards would be to advise the City Council on the needs of the parks and to make suggestions for the future development of the parks as well as ideas to more fully make use of the existing park land areas and to report their findings to the City Council on a regular basis; NOW, THEREFORE, be it so resolved to create the three Parks Advisory Boards to become the "arms into the community" for the assistance and support of the programs of the Huntsville City Council. APPROVED this the 27thday of November, 1979. THE CITY OF HUNTSVILLE, TEXAS (SEAL) Morris I. Waller, Mayor • THE HUNTSVILLE PARKS ADVISORY BOARDS • November 13, 1979 Name Home Work Term Address Expiration EMANCIPATION PARK Rev. Eugene Brown 295-2806 None 114 Avenue F Mrs. Rayner Craft 295-7557 291-3411 16 Howard Circle Mr. Maxie Farris 295-6371 P. 0. Box 224 Ext. 335 Mr. Henry Gullette 295-9218 295-6371 515 7th Street Ext. 380 or 544 Mr. Valree Patrick 295-9984 295-9984 520 11th Street KATE BARR ROSS PARK Mrs. Grace Bohan 295-5576 295-8181 2612 Pine Shadows Mrs. Janie Chandler 291-0967 1206 10th Street • Dr. Roy Clark 295-5367 295-6211 2509 Robinson Way Ext. 1495 Mr. Wayne Daigle 291-1576 295-6211 2008 Avenue T Ext. 1742 Mr. Ernest McCowan 295-3089 None 201 Highway 75 N. Mr. Leroy Wilkinson 295-6686 295-3766 209 Pine Valley THOMAS HENRY BALL PARK Mr. Percy Howard 295-0645 291-8222 614 6th Street Mr. Mike McDowell 295-8890 295-2791 Rt. 5, Box 827 Mrs. Alice Romero 295-0944 295-4487 1008 Thomason Dr. Bob Shearer 295-0779 295-6211 2121 Avenue T Ext. 1650 Mr. Dave Williston 295-9461 295-0051 Rt. 5, Box 825 CITY STAFF: Mr. Johnny Poteete, Director of Public Services . . . . . 295-6471, ext. 20 Mr. Gene Pipes, Acting City Manager . . . . . . . . . . . 295-6471, ext. 73 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 80-1 Revises&Amends Agmt.With Gibbs Brothers 02-12-80 RESOLUTION 80-1 At a regular meeting of the City Council of the City of Huntsville held in the City Hall in Huntsville, Walker County, Texas on February 12 , 1980, the following resolu- tion was moved, seconded and adopted by a vote of eight to I in favor and none against in words and figures as follows: Be it resolved by the City Council of Huntsville, Texas that the water system contract between Gibbs Brothers and Company and the City of Huntsville, Texas dated September 25, 1979, be revised and amended so as to exclude therefrom any benefits to or reference to American Gardens of Texas Limited, a copy of such revised contract being attached to this resolution and to be included in the minutes of this meeting. It was further resolved that such contract should be executed by the Mayor after having been approved as to form by the person acting as City Attorney. It was further resolved that a change order in the contract for construction of a 12 inch A.C. water main and appurtenances between the City and Crawford Construction Company of Lufkin, Texas and affecting a 12 inch water line extension in and near the City of Huntsville on South Highway 75 be ratified and confirmed subject to the terms of a change order directed to the contractor by the City acting through Huntsville's Director of Community Development, and that the City shall comply with the terms of such contract subject to the provisions of the change order and subject to the condition that such change order and the method of computing the payments and compensation to the change order be accepted by the contractor. PASSED this the 12th day of February, A.D., 1980. ATTE T: uth DeShaw, City Secretary THE CITY OF HUNTSVILLE, TEXAS APPROVED AS TO FORM: -D / {IriV�i li BY: /�l �� j? ✓LvLLF C.� t1orris I. Waller, Payor �✓ F. Hastings Pannill City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 80-2 Procedure for Citizens to Address City Council 02-12-80 1- RESOLUTION NO. 80-2 41HEREAS, the City Council of the City of Huntsville wishes to establish procedures for appearances before the City Council of the City of Huntsville; and WHEREAS, the City Council feels that every citizen of the City of Huntsville is invited to appear before the City Council to discuss matters of local interest with specific reference to city business; and WHEREAS, in the hope of providing an orderly public forum without undue inconvenience to the citizenry, the Huntsville City Council wishes to adopt by this Resolution, the following procedures: 1. The City Council will hear from citizens during its regular weekly meetings at a time allotted for that specific purpose. Each person addressing City Council shall do so respectfully. Proper decorum shall be maintained at all times by the presiding officer. 2. Any citizen may be heard, but the topics must relate to relevant city affairs or business and must be limited to the subject described to the City Secretary when one reserves time before City Council. 3. No city employee or other person may use time before City Council to circumvent the City's grievance procedure. 4. No person may appear before City Council on behalf of any labor organization as the bargaining agent for City employees. Further, no person may appear before City Council on behalf of any labor organization which organization claims the right to strike when the topic of said appearance concerns, in any particular, wages, hours of mrk or conditions of work for City of Huntsville officers or employees. 5. One may reserve one minute time periods up to a maximum of ten minutes. Those persons requesting the least amount of time will be allowed to speak first and will be listed chronologically in the order that the request was received by the City Secretary. Persons speaking on the same subject who have requested the same amount of time will be called consecutively. The presiding officer shall be authorized to modify this procedure consistent with convenience or in the interest of saving time. 6. One's time may be extended only by questions from City Council members or at the discretion of the presiding officer. One may, of course, use less time than requested, but one may not use more time than requested and one may not relinquish any of one's time to another person. 7. To reserve time before City Council, one may come in person to the City Secretary's office in City Hall or one may call 295-6471, ext. 74. One's reservation must be made prior to 5:00 o'clock p.m. on the Thursday prior to the next succeeding Tuesday when City Council will hold the regular weekly meeting which one desires to address. No reservations will be accepted by the City Secretary's office after the specified time. One may not reserve time to appear more than once per week. S. When making one's reservation with the City Secretary, the following information is needed: a. full name of the speaker; b. mailing address of the speaker, including zip code; c. speaker's telephone number; d. a brief description of the speaker's subject. If you have copies of your remarks, please bring them to the City Secretary's office prior to 5:00 o'clock p.m. on the day of the meeting at which you are to appear and your remarks will be distributed to each member of the City Council. Unless you direct otherwise, all papers, letters, photographs, etc., which you present during one's appearance will become a part of the public record. The Council traditionally refers citizens' complaints, questions or requests to the proper department for recommendation and/or action. If City Council can provide you with an answer on the spot, they will, of course, endeavor to do so. The City Council is composed of persons who are concerned about the City of Huntsville, its future and each of its citizens. Any matter of concern to a citizen is a concern to each Council member. PASSED AND APPROVED this the 12th day of February, A. D., 1980 in the City of Huntsville, Walker County, Texas, by unanimous vote. THE CITY OF HUNTSVILLE, TEXAS � 11 �MorrisI. Waller, Mayor ATT :L� �,�V��/��'C r Ruth DeShaw, City Secretary RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-03 Title: AWARDS CONSTRUCTION CONTRACTS-NHSP Date: 02-12-80 Wu iDer77 177 117vel CO G CUP L Vi U I I I.I 1U. UU-'J 71 U COMM,1,7177 i'Iunuay 777TTGlu UI I l I. All were in favor and the motion passed unanimously. Mr. Pipes indicated the body of this ordinance was prepared by the Council's special counsel on personnel matters, fir. Alan Levin of the firm of Brackman & Levin of Houston. He indicated hlr. Levin is also preparing ordinances an the subpoena and contempt concepts to be in addition to �LLz this ordinance. ` CONSIDER RESOLUTION ADOPTING RECOMMENDED BIDDERS ON SEWER PLANT AND OUTFALL LINE CONTRACT SUBJECT TO EPA APPROVAL AHD FUNDING ARRANGEWENTS Mayor Waller then referred to Resolution No. 80-3 which would award construction contracts for "Parker Creek Sewage Treatment Plant," Contract No. 1104 and "Outfall Sewer Lines," Contract No. 1105A under EPA Project No. C48- 1221-03 for the City of Huntsville, Texas, subject to EPA approval and that of the Texas Department of Water Resources. Gene Pipes, ,Acting City Manager, indicated Mr. Pat DePamphilis of Wisenbaker, Fix and Associates, reviewed very carefully all factors related to the bidding and has worked very closely with EPA. He said it was determined that the low bidder on both the plant and the lines had failed at the time of the bid opening, to comply with the minority business enterprise facet. He said this Resolution recommends the award on the Plant go to the second low bidder, as follows: RESOLUTION NO. 80-3 NOW, THEREFORE, BE IT RESOLVED that Contract No. 1104, "Parker Creek Sewaae Treatment Plant" be awarded to the lowest "responsible" bidder, Bryan Construction Company-of Bryan, Texas, in the amount of 53,784,000 and that Contract No. 1105A, "Outfall Sewer Lines" be awarded to the lowest "responsible" bidder, BRH Company & Irlalker Venture (a joint venture) in the amount of 51,353,260 based upon the concrete pipe alternate. Since the City of Huntsville has accepted an offer for a federal grant for aid in this project under Public Law 92-500, that it is resolved that the award of these contracts is conditioned upon the approval of the awards by the Texas Department of :later Resources and the U. S. Environmental Protection Agency. IT IS FURTHER RESOLVED that the Acting City Manager, Gene Pipes, and his successors as City Manager of Huntsville, be and is hereby authorized to execute the construction contract for each of these contracts in the name of the City of Huntsville, Texas upon receiving approval of the contract awards from the said state and federal agencies. Councilman Dowling moved to adopt Resolution No. 80-3 subject to the approval of the awards by the Texas Department of Water Resources and the U. S. Environmental Protection Agency and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. BUSINESS OF THE CITY ATTORNEY F. HASTINGS PANNILL Consider approval of resolution to accept the revised Highway 75 water line contract the release of American Gardens, and the revised contract itself. F. Hastings Pannill, City Attorney, then presented to the Council Resolution No. 80-1 which presented the revised contract on the Highway 75 South water line project between the Gibbs Brothers and the City. The Resolution indicated the Contract of September 25, 1979 had been revised to exclude any benefits to or reference RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-04 Title: RECOGNIZES SUBMUNICIPAL POWERS IN ETJ Date: 02-26-80 project and therefore, the costs. CONSIDER ORDINANCE NO. 80-6 AND RESOLUTION NO. 80-4 AMENDING THE SANITATION RATES FOR COLLECTION AND DISPOSAL Acting City Manager presented the information prepared by the staff and indicated the Council may wish to study the rates in the next worksession before taking formal action. He indicated the City would like to be able to adjust rates from time to time by resolution of the Council and the ordinance prepared would remove specific references to rates and add a section which allows for the revision of rates by resolution of the Council. Mayor Waller agreed that the Council needed to review the rates in more detail in the next worksession of the Council --(larch 4, 1980. Mayor Waller particularly requested a good analysis of the rates for non-city users. CONSIDER RESOLUTION NO. 80-4 RECOGNIZING SUB-MUNICIPAL REGULATORY POWER IN CITY'S ETJ Acting City Manager indicated Elkins Lake MUD reviews all plats and permits for building at Elkins Lake and he said at one time the City was doing the same thing, duplicating Elkins Lake's efforts. He said this Resolu- tion will recognize and accept the ability of sub-municipal legal entities to provide primary regulatory services to the public whenever it is determined by the officials of the City that such regulations are comparable to those approved for the City. He said it in no way means the City transfers or rejects its ultimate authority in the area within the ETJ. Councilman Brown moved to adopt the Resolution and Councilmember King seconded the motion. All were in favor and the motion passed unanimously. Councilmember Dowling asked if there was any way an individual could build a house at Elkins Lake and pass Elkins' specifications but not pass the City's specifications. Mr. Pipes indicated not at the present time and following the current practice. He said they (Elkins) were equally as rigid in every respect as the City's permit procedures and building inspections. Councilmember Dowling felt this is something the City would have to periodically monitor. Gene Pipes agreed it would most definitely be mandated to maintain regulations. It was noted the resolution was adopted retroactive to January 1, 1980. (See News Media question related to this action at end of these minutes.) CONSIDER BIDS AND RECOMMENDATIONS FOR PURCHASE OF A TE1PORARY ANNEX FACILITY FOR THE POLICE DIVISION Acting City (•tanager, Gene Pipes, indicated the City was somewhat surprised at the two bids received for the temporary annex for the Police Department to relieve the overcrowded conditions that have been much discussed. He said the two bids both exceeded $40,000. He said the plans and specifications have been re-analyzed and there are now a number of ways the City feels it can reduce the costs. He asked the Council to reject the two bids received and authorize the City to amend the specifications and rebid the project on a more limited scale. Councilmember King moved to reject the bids and go back to the drawing board and Councilmember Hodges seconded'. the motion. All were in favor and the motion passed unanimously. I CONSIDER FUNDS AVAILABLE FOR PARK IMPROVEMENTS RECOMMENDED it RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-05 Title: TRA-SALES OF BONDS Date: 02-26-80 � u�� nw� uaic away The meeting was called to order by the Honorable Morris I. Haller, Mayor. The invocation was given by Councilmember Murray A. Brown. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Waller then presented the prepared minutes of the meeting of February 12, 1980. Councilmember King moved to adopt the minutes as prepared and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER APPROVAL OF THE RESOLUTION NO. 80-5 FOR SALE OF BONDS FOR PARKER CREEK SE'.4A6E TREATMENT FACILITY Mayor Haller then introduced Mr. Dennis Baker of the Trinity River Authority, Southern Division in Huntsville. Mr. Baker indicated the Nater Development Board agreed in their hearing last Thursday, February 21, 1980, to accept $1.6 million in TRA contract revenue bonds for the financing of the proposed wastewater treatment plant and trunk line. He then presented TRA's bond resolution (their number R-383) drafted by TRA, First Southwest Company and staff members of the !dater Development Board and the City of Huntsville. He then asked the Council for their ratification of this resolution before TRA could consumate the sale of these bonds to the hater Develop- ment Board. Mr. Baker indicated the resolution provides for the sale of S1.6 million over a 26 year term maturing in the year 2006 at an interest rate of 5.6 percent. Resolution No. 80-5 TRA No. R-383 AUTHORIZING THE ISSUANCE OF TRINITY RIVER AUTHORITY OF TEXAS CONTRACT REVENUE BONDS, SERIES 1980 (CITY OF HUNTSVILLE SEWER PROJECT) Councilmember Brown moved to adopt Resolution No. 80-5 and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller indicated these bonds are related to the trunk lines and the North Huntsville Sewer Plant itself. He said the collection lines for that plant are another subject which the Water Development Board did not approve. He then asked Mr. Boyd London of First Southwest Company to speak to that subject. BOYD LONDON OF FIRST SOUTHWEST COMPANY TO REVIEW SALE OF BONDS j Mr. London indicated that since First Southwest Company was not able to obtain approval of the entire loan amount, the TRA is requesting Council's permission to enter the open market to sell these bonds in a competitive sale and needs this permission prior to the Authority's April board meeting. He said TRA would be selling the $2+ million for the construction amount on the collection system, plus any expenses of bond sale, plus any reserve fund and any capitalized interest that the City cares to include. He indicated he needed a motion from — +ho ri+u -4 +ha 0..+h.,ri+u F— +ho colo nF RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 80-6 Submunicipal Powers-Recognizes Same in ETJ 02-26-80 RESOLUTION NO. 80-6 WHEREAS, in order to protect the public safety in those areas adjacent to the city limits in the area known as the extraterritorial jurisdiction (ETJ) of the City of Huntsville, Texas, the City has been empowered to regulate construction through its permit and inspection authority; and, WHEREAS, there exists now and may exist in the future sub-municipal legal entities in the ETJ also with the power to regulate construction within their boundaries; and, WHEREAS, the City of Huntsville is in favor of reducing or eliminating duplication of services wherever feasible; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that the City of Huntsville will recognize and accept the ability of these sub-municipal legal entities to provide primary regu- latory services to the public whenever it is determined by the officials of the City of Huntsville that such regulations are comparable to those approved for the City of Huntsville. It should be understood, however, that in no way does the City of Huntsville either transfer or reject its ultimate authority in the area within the ETJ. This resolution passed by unanimous vote of the City Council of the City of Huntsville, Texas, on the.J/7&day of February, A.D., 1980, to be retroactive in its effectiveness to January 1, 1980. The City of Huntsville, Texas -+ A/. t/(i✓LES By: Morris I. !faller, Mayor ATTEST: Ruth DeShaw, AtySedWt�a`ry RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 80-6 LEAA combination Entitlement RESOLUTION NO. 80-6 j CONCURRENCE IN HOUSTON-GALVESTON AREA COUNCIL COMBINATION ENTITLEMENT UNDER THE JUSTICE SYSTEM IMPROVEME14T ACT OF 1979 I Pursuant to the Justice Systems Improvement Act of 1979 (ACT), I, Gene Pipes ! Name Chief Executive Officer of Huntsville concur in the City mxx Houston-Galveston Area Council's (H-GAC notice of intent to apply to the Texas i Criminal Justice Division as a "combination entitlement" on behalf of Huntsville I understand that criminal justice planning will Ci ty waxx6= tK..7, continue under the auspices of H-GAC and that final decisions will be made by lo cal elected officials through H-GAC's Board of ecto . / Si n ture Acting City Manager Title February 26 1930. Date PASSED AND APPROVED BY. UNANIMOUS VOTE OF THE HUNTSVILLE CITY COUNCIL IN THEIR.'PEGULAR MEETING OF FEBRUARY 26 IN HUNTSVILLE, 114ALKER COUNTY'_TEXAS./1 (ZI�6eSh City cm--2/18/80 i RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 80-7 Sanitation Rates �I RESOLUTION NO. 80-7 WHEREAS, the Huntsville Code of Ordinances provides in Section 9-4 of Chapter 9 entitled "Garbage and Refuse," that there shall be charged, assessed and collected from the owner or occupants of each residential unit within the City, including private residences, apartments, and mobile homes, and from commercial or business houses, such charges for refuse and garbage collection services as may be determined from time to time by the City Council of the City of Huntsville; and WHEREAS, a thorough study has been made of the existing sanitation costs and rates by the Director of Finance and the Director of Public Services and it has been found that the following increases are necessary to generate the required funds needed for the operation; and WHEREAS, it is the City Council's intention that the sanitation services be self-supporting as are the water and sewer operations, and to this accomplishment, the following rates shall be instituted upon the acceptance of this Resolution: Sanitation Service Rate Single residence $ 5.75 Multi-residence, 2 Units $ 11.50 Multi-residence, 3 Units $ 17.25 Multi-residence, 4 Units or More $ 4.75 Business minimum $ 7.80 Business, 2 yard container $ 7.80 Business, 3 yard container $ 11.70 Business, 4 yard container $ 15.60 Business, 6 yard container $ 23.40 Business, 8 yard container $ 31.20 Roll-off, 1 dump per week $217.00-- $100 base charge Roll-off, 1.5 dumps per week $271.00-- plus Roll-off, 2 dumps per week $334.00-- $ .90 per cubic yard Roll-off, 3 dumps per week $451.00-- Commercial $ .90 per yard Elkins Lake $ 7.20 per month Landfill--car/pickup truck $ 3.75 Pickup truck with sideboards $ 7.50 Truck or trailer, 15 feet or less $ 15.00 Truck or trailer over 15 feet $ 22.50 Extra waste rubber $ 7.50 Large dead animals $ 15.00 Institutional $ 2.25 per yard Vehicles hauling earth, rocks and inert materials suitable for cover of refuse No Charge Passenger cars, station wagons, and pickups used by Huntsville resident owners to haul owner's residential waste--no charge. APPROVED AND ADOPTED this the 11th day of March, A.D., 1980. THE CITY OF HUNTSVILLE, TEXAS "X_ BY: Morris I. Waller, Mayor ATTEST: h eShaw, City Secretary i AL RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 80-8 Outreach Services 'x c"x� +� � a '�r F � 7�: �'.�' �'x"' . L s^* -,r'�.�`� •s',-.ted � .c RESOLUTION NO. 80-8 WHEREAS, on February 20, 1980, the Walker County Hospital District leased to Rusk State Hospital 11,000 square feet of the old hospital building for an annual rent of $1.00 contingent upon the expansion of the Rusk State Hospital's Outreach services to the residents of Walker County, which would include the development of a 15 bed half-way house and a day treatment program and the expansion of the outpatient services and an increase of staff; and WHEREAS on February 25, 1980, the Walker County Commissioners unanimously voted to support the expansion of the Rusk State Hospital's Outreach program and also voted to maintain their current level of financial support of the Outreach program; and WHEREAS, the final step in the acquisition of the expanded services, namely the Rusk State Hospital's Outreach Program for Walker County, lies with the approval of the transfer of funds by Dr. John J. Kavanagh, Commissioner, Texas Department of Mental Health and Mental Retardation; and WHEREAS, on March 19, 1980, County Judge Ralph Davis of Walker County; The Honorable Joe Henderson, HSA Area Health Planner for Walker County; and Huntsville School District Board member Joyce Hilliard and Dr. Tom Kordinak will travel to Austin with a request for the development of the new program and need documentation of local support for the development of expanded service; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that the City of Huntsville affirms the community's concern and interest in developing a more comprehensive mental health program for the residents of Walker County and does, by way of this resolution, indicate its support of this endeavor. PASSED AND APPROVED this the 11th day of March, A.D., 1980. F (SEAL) THE CITY OF HUNTSVILLE, TEXAS BY:G� �U W-9— Morris I. Wa ler, Mayor ! AT f 2 u h DeShaw, City Secretary ',:.rx,.,_.. irzx�.:. t...c'r ? -s..d3,__.r,T-i`S"�ti.•�.:,es �i'iJsv'da� .,::'FA��,r:�...•:1: 2 .. -c�.��, RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 80-9 Land at Emancipation Park RESOLUTION NO. 80-9 DECLARING A NECESSITY FOR ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PARK PURPOSES AND AUTHORIZING ACQUISITION BY CONDEMNATION AND EMINENT DOMAIN WHEREAS, the City of Huntsville has heretofore estab- lished a park and recreational facility known as Emancipa- tion Park, for the health, welfare, comfort, and convenience of the City and its inhabitants, and in connection therewith has acquired certain lands and real estate for park purposes, and has established recreational facilities within the area owned by it, and, WHEREAS, the officials of the City of Huntsville, Texas have been unsuccessful in their efforts to acquire such additional lands by private purchase and negotiation, and WHEREAS, the Charter of the City of Huntsville in Section 3.01 confers on the City and its Council the right to acquire property for any municipal purpose by condemna- tion, pursuant to the powers granted by the Home Rule Amendment of the Constitution of the State of Texas and Articles 1175, 1176, 1177, 1178, 1179 and 1180, Revised Civil Statutes of Texas, enacted pursuant to Article XI, Section 5 of the Constitution of the State of Texas, all of which have been accepted and implemented by the City of Huntsville; and WHEREAS, the City Council of the City of Huntsville after investigation in executive session on January 22, 1980 has determined that it is for the advancement of the interest, welfare, health, comfort, safety and convenience of the City and its inhabitants that Emancipation Park be enlarged by acquisition by condemnation of the lands hereinafter referred to; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas that there be acquired by condemnation for use as public park purposes and as an addition to and to be included in Emancipation Park located in the City of Huntsville, Texas the lands described on Exhibit A to this Resolution, and by reference made a part hereof; BE IT FURTHER RESOLVED that the proper officials, employees and representatives of the City of Huntsville, including the City Manager, and City Attorney, be, and they are hereby, authorized to institute and pursue such condemnation proceedings as may be necessary to carry into effect this resolution, that all acts heretofore done by them are hereby ratified. APPROVED AND ADOPTED this the 2,�7);A day of March, A.D., 1980. THE CITY OF HUNTSVILLE, TEXAS K Morris I. Nailer, Mayor ATTEST: p Ruth DeShaw, City Secretary APPROVES TO ROF M F. H. Pannill, Sr. City Attorney EXHIBIT A The following described tract of land located in the City of Huntsville, Walker County, Texas, and being known as No. 310 Avenue F, being a part of the P. Gray League in Walker County, Texas, and part of a tract of land de- scribed in a deed from J.W. (Wince) Smith to John Hedspeth and wife, Annie Hedspeth by deed dated July 25, 1940 recorded in Vol. 274, p. 484, Deed Records of Walker County, Texas, the portion herein to be taken and condemned, being more particularly described as follows, to-wit: Beginning at the Northwest corner of the above de- scribed tract of land and the Southwest corner of the Johnnie Jones tract of land as it existed on July 25, 1940; being 150 feet south of the southeasterly inter- section of Avenue F and 3rd Street in Huntsville, Walker County, Texas; Thence along the west boundary line of the above mentioned John Hedspeth, et ux tract of land described in Vol. 274, p. 484, a distance of 54.5 feet to a point for a corner of this tract; Thence easterly parallel to the northerly line of said John Hedspeth tract a distance of 86.5 feet to a point for the southeast corner of this tract; Thence northerly to a point on the northerly line of the above described John Hedspeth tract for the northeast corner of this tract; Thence westerly along the boundary line of said John Hedspeth tract to the place of beginning, and being the same land conveyed by John Hedspeth and wife, Annie Hedspeth to Eddie Lee Hedspeth and wife, Ruby Hedspeth by deed dated July 25, 1940 recorded in Vol. 112, p. 370. i i I EXHIBIT A - page 1 I EXHIBIT A The following described tract of land located in the City of Huntsville, Walker County, Texas, and being known as the John Hedspeth tract, also known as No. 312 Avenue F, being a part of the P. Gray League in Walker County, Texas, which is 202 feet E & W and 182 feet N & S and described in deed dated July 25, 1940, and being more particularly de- scribed as follows: BEGINNING at the Northwest corner of the E. Hedspeth Tract as recorded in Vol. 112, Page 371, Walker County Deed Records, same being the Southwest corner of a tract conveyed to the City of Huntsville, as recorded in Vol. 203, Page 308, Walker County Deed Records; THENCE Southerlv with the East right-of-way of Avenue F 182' to a point; THENCE Easterly with the North line of a tract conveyed to the City of Huntsville by George Holt dated July 1938 202 feet to a point; THENCE Northerly with the West line of a tract of land conveyed to the City of Huntsville, as recorded in Volume 180, Page 99, Walker County Deed Records, 182' to a point; THENCE Westerly with the South line of the City tract as recorded in Volume 203, Page 308, Walker County Deed Records, 202 feet to the PLACE OF BEGINNING; I Being the same land conveyed by Wince Smith to John Hedspeth and recorded in Volume 274, Page 484, Walker County Deed Records, save and except a tract 54.5 feet E & W and 86.5 feet N & S, more particularly described in deed from John Hedspeth and wife, Annie Hedspeth, to Eddie Lee Hedspeth and wife, Ruby Hedspeth dated July 25, 1940 recorded in Vol. 112, p. 370, Deed Records of Walker County, Texas. EXHIBIT A - page 2 RECORDS SERIES TITLE: Ordinances, Orders, Resol i SCHEDULE NO. : 1000-0 � i CONTENTS OF FILE: Resolution 80-10 Land For Sewer Easement RESOLUTION NO. 80- 10 DECLARING A NECESSITY FOR ACQUISITION OF CERTAIN PROPERTY FOR MUNICIPAL PURPOSES AND AUTHORIZING ACQUISITION BY CONDEMNATION AND EMINENT DOMAIN WHEREAS, the City of Huntsville has the authority to acquire property within or without its corporate limits for any municipal purpose, and, WHEREAS, the City Council in executive session on February 12, 1980 has determined that it is necessary for the interest, welfare, health, comfort, and convenience of the City and its inhabitants that a sanitary sewer line be established at the location hereinafter referred to, and WHEREAS, the officials of the City of Huntsville, Texas have been unsuccessful in their efforts to acquire a right of way for that purpose across such lands by private pur- chase and negotiation, and WHEREAS, the Charter of the City of Huntsville in Section 3.01 confers on the City and its Council the right to acquire property for any municipal purpose by condemna- tion, pursuant to the powers granted by the Home Rule Amendment of the Constitution of the State of Texas and Articles 1175, 1176, 1177, 1178, 1179 and 1180, Revised Civil Statutes of Texas, enacted pursuant to Article XI, Section 5 of the Constitution of the State of Texas, all of which have been accepted and implemented by the City of Huntsville; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas that there be acquired by condemnation a sanitary sewer easement and right of way over and upon and across the lands and at the location described on Exhibit A to this Resolution, and by refer- ence made a part hereof; BE IT FURTHER RESOLVED that the proper officials, employees and representatives of the City of Huntsville, including the City Manager, and City Attorney, be, and they I i i i are hereby, authorized to institute and pursue such con- demnation proceedings as may be necessary to carry into effect this resolution, and that all acts done by them are hereby ratified. APPROVED AND ADOPTED this the 10,529 day of March, A.D., 1980. THE ECCITY `OF HUNTSVILLE, TEXAS By/o �Z�!"N� Morrr is I. Haller, Mayor ATTEST: Ruth DeShaw, City Secretary 1 APPROVED ASST, FORM:/ F. H. Pannill, Sr. City Attorney i I I I I I i i II EXHIBIT A Being out of the E. Davids Survey, h-157, and also being a sewer easement seven and one-!calf (7.5) feet either side of a center line described as follows: j Beginning at a point, said point tieing S. 570 31' 04" E. 2266.68 feet from a hiyhway POW rionu.nQnt in the South line of Interstate 45. Said monument beiny S. 611 34' 00" E. 28.97 feet from the I7orthwest corner of a .17..40 acre tract described in a'deed from [ii.11 Branch to Joe Bob nelson and recorded in Volume 27.1, Paye 126, balker County Deed Records. Thence S. 151 47' 10" ts. 288.00 feet to an angle point. Thence S 341 14' 05" w. 335.37 feet to an angle point. Thence_ S. 101 45' 55" E. to the intersection of the South line of said 12.40 acre tract 403.G1 feet to the Point of: Termination, same being N. 89° 14' 00" E. 307.36 feet from the Southwest corner of the tract of land as conveyed by L;iill Branch to Joe IJelson as recorded in Vol. 221, Page 126, Walker County Deed Records, a #4 rebar for corner. Said tracts are also shown on the plat thereof attached hereto Marked Exhibit "A" and ins reference made a part hereof. I i i RECORDS SERIES TITLE: Ordinances, Orders, Rescl SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 80-11 Arts Commission RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 80-12 Condemnation RESOLUTION NO. 80- 12 DECLARING A NECESSITY FOR ACQUISITION OF CERTAIN PROPERTY FOR MUNICIPAL PURPOSES AND AUTHORIZING ACQUISITION BY CONDEMNATION AND EMINENT DOMAIN WHEREAS, the City of Huntsville has the authority to acquire property within or without its corporate limits for municipal purposes, and, WHEREAS, the Charter of the City of Huntsville in Section 3.01 and the statutes of this state, including 344, Article 1109b, V.A.T.S. (Acts 1925, 39th Legis., p- Chapter 137, Sec. 1; Acts 1945, 49th Legis., p. 379, Chapter 243, Sec. 1), confer on the City and its Council the right to acquire property for any municipal purpose by condemnation, pursuant to the powers granted by the Home Rule Amendment of the Constitution of the State of Texas and Articles 1175, 1176, 1177, 1178, 1179 and 1180, Revised Civil Statutes of Texas, enacted pursuant to Article XI, Section 5 0£ the Constitution of the State of Texas, all of which have been accepted and implemented by the City of Huntsville; and WHEREAS, the City of Huntsville has determined that it is necessary for the interest, welfare, health, and comfort of the City and its inhabitants to acquire the fee simple title to the property described on Exhibit A to this Resolu- tion, for public purposes, to-wit, a City Hall, police station, jail, fire station, park, or other public purpose to which such property may be dedicated and devoted by proper action of the city Council of this city, and that such acquisition is necessary for the interest, welfare, health, morals, comfort, safety and convenience of the City and its inhabitants, and WHEREAS, the officials of the City of Huntsville, Texas have been unsuccessful in their efforts to acquire the fee simple title for those purposes of such lands by private purchase and negotiation, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas that said Council in formal public session has determined that it is necessary for the municipal purposes set out above that there be acquired by condemnation the fee simple title held by Mrs. Cecile G. Pierson, Mrs. Laura A. Whiting, or any other person having an interest in the property described described on Exhibit A to this Resolution, and by reference made a part hereof; I i BE IT FURTHER RESOLVED that the proper officials, employees and representatives of the City of Huntsville, including the City Manager, and City Attorney, be, and they are hereby, authorized to institute and pursue such con- demnation proceedings as may be necessary to carry into effect this resolution, and that all acts done by them are hereby ratified. APPROVED AND ADOPTED this the e4l� day of April, A.D., 1980. THE CITTYYr OF HUNTSVILL�E, TEXAS Morris I. Waller, Mayor AT T: K DeShaw, CitySecrreetary F. PROVET�� T��,�ORbi: // I1. Pannil'1, Sr. City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: C11avge,4uy re-ur rO WfCKS- I I i I i � • t - +` RESOLUTION NO. 80-13 AUTHORIZING THE CHARGING OF $5.00 FOR ALL RETURNED CHECKS BY ALL DIVISIONS OF THE CITY OF HUNTSVILLE Whereas, the offices of the City of Huntsville receive checks for city services or fines returned marked insufficient funds on various occasions; and Whereas, the Code of Ordinances provides in Section 17-15 of Chapter 17 that the manager of utilities, or any other appropriate City employee shall charge any water customer of the City of Huntsville a $5.00 charge for checks returned by the customer's bank advising the City there are not sufficient funds in the customer's checking account with the bank to pay the water charge for the customer; and Whereas, it is in the interest of the City of Huntsville to provide this provision to all divisions and departments of the City of Huntsville so that the charge for return checks will be uniform throughout; and Whereas, it is not necessary to amend the Code of Ordinance to reflect this change but to merely state the policy of the City of Huntsville via this resolution that the uniform charge for all returned checks written to the City of Huntsville for services or fines shall be $5.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that effective upon passage of this Resolution, the uniform check charge to all customers writing checks from insufficient funds shall be $5.00. PASSED AND APPROVED this 15th day of April, A. D., 1980. THE CITY OF HUNTSVILLE, TEXAS j� moi✓G��'C�— Morris I. Waller, Mayor ST: eShaw, City Secretar i g RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 80-15 Utility Billing-Requires Full Payment I 04-29-80 i I I I RESOLUTION NO. 80-15 WHEREAS, it is the current practice not to accept partial payments on City Utility Bills; and WHEREAS, such a practice is necessary for j record keeping purposes, and cash flow purposes so as not to create a financial problem for the City in meeting its just obligations to its creditors, which is neither warranted nor justified; and WHEREAS, it is the desire of the Council and City Administration to ratify this policy; NOW, THEREFORE BE IT RESOLVED that as of April 23, 1980, the City will require full payment of the customer's utility bill for all services rendered on the due date of the bill; partial payments cannot be accepted prior to the due date of the bill. Or, if any utility bill carries an arrears, the arrears portion of the bill cannot be accepted, the "Amount Due" must be paid by the penalty date shown on the bill. Delinquent accounts will have their services discontinued if not paid by thepenalty date. ti Passed this the�J/ day of April, 1980. Morris I. Waller, Mayor �Ilkzjlwvi l-l uth"DeShaw' City 'Secr tary 24 RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-16 Title: AWARDS NHSP BID TO BYRAN CONSTR. Date: 05-20-80 Councilmember Dickens then made the motion to adopt Resolution No. 80-16 subject to EPA approval, the caption of which is as follows: RESOLUTION NO. 80-16 RESOLUTION AWARDING CONSTRUCTION CONTRACT FOR PARKER CREEK SEUAGE TREATMENT PLANT, CONTRACT NO. 1104 EPA PROJECT N0. C48-1221-03 FOR THE CITY OF HUNTSVILLE This Resolution again awarded the bid to Bryan Construction Company of Bryan, Texas as the lowest "responsible" bidder for the construction of the Parker Creek Sewage Treatment Plant in the amount of $3,784,000. It further substantiated the selection of the second lowest bidder by providing support documents prepared by Patrick DePamphilis of Wisenbaker Fix & Associates and Mr. Gene Pipes, Assistant City Manager, and authorized the Mayor to execute the contract in the name of the City of Huntsville. Councilmember Brown seconded this motion. All were in favor and the motion passed unanimously. Mr. Bob Richardson Angleton's attorney, then announced and gave NOTICE to the Huntsville City Council and staff that Angleton General mechanical, Inc. would appeal this decision to the EPA. CONTRACT--TRACTOR/MOWER Nr. McGuire, City Manager, then recommended that the contract for a tractor/mower to be used for the maintenance of city parks be awarded to the low bidder, White's Home and Auto in the amount of $2,473.90. He advised that it is a budgeted item. Councilmember King moved to award the bid to White's Home and Auto in the amount of 52,473.90 from budgeted funds and Councilmember McGlothen seconded the motion. All were in favor and the motion passed unanimously. CONTP,ACT--FIRE STATION The recommendation was then presented by the City Manager that a contract be awarded to Grisham Construction Company for the construction of Fire Station No. 3, which is to be an addition to the City's Service Center, for the amount of 544,962.44. He indicated payment would be through a certificate of obligation. Councilmember Brown moved to award the bid to Grisham Construction Company in the amount of $44,962.44 and that same be funded through a certificate of obligation. Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONTRACT--PAINT STRIPER The City Manager then recommended that the contract for a pavement paint striper to be used in the traffic control division, be awarded to the low bidder, R. B. Everett & Company in the amount of $1,530.00. He indicated it is a budgeted item. Councilmember King moved to award the bid to R. B. Everett & Company for $1,530 from budgeted funds and Councilmember McGlothen seconded the motion. All were in favor and the motion passed unani- mously. CONTRACT--OFFICE MACHINE MAINTENANCE RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-17 Title: SETTLES MAGIC SUIT Date: 05-27-80 The City Manager then recommended the contract for rental of a dozer for the Sanitation and Parks Divisions be awarded as follows: Thomas R. Hoke S35/hour (including operator) He said this amount would be paid from budgeted funds. Councilmember Corley moved to approve the rental of this equipment from Thomas R. Hoke at the rate of S35 per hour up to but not to exceed the sum of S10,000 and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. APPROVAL- FUNDING FOR MUNICIPAL JUSTICE CENTER Mr. McGuire indicated that when the architectural fees were authorized by the Council, it was recommended that they be paid from Revenue Sharing Contingency. After further evaluation, it is recommended that these fees be financed through certificates of obligation, which is the manner in which the bulk of the entire project is to be funded. Councilmember King moved to authorize the payment of architectural fees to Lockwood Andrews & Newnam's architectural division through certificates of obligation over a four year period at the current market rate and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. RESOLUTION NO. 80-17 Settlement of Maryland American General Indemnity Company Lawsuit With the introduction of this topic by Mr. Scott Bounds, City Attorney, the Council then adjourned into Executive Session to discuss this legal situation. Upon reconvening in ten minutes, Mr. Bounds then presented this Resolution which would authorize settlement of the lawsuit, American General Fire and Casualty, over construction of sanitary sewer line for a sum not to exceed 55,000, and providing for the effective date. Mayor ,Waller indicated the City does not believe it owes this amount, however, it is willing to settle this suit for a sum not to exceed this amount of money in order to resolve the matter and avoid further court costs. He said this Resolution would accomplish this end. Councilmember Corley moved to adopt Resolution No. 80-17, which funds would come from !dater and Sewer Contingency Fund, and Councilmember King seconded the motion. All .were in favor and the motion passed unanimously. APPROVAL--PROCEDURE ON PROTEST OF ANGLETON GENERAL MECHANICAL, IMC. Mr. Scott Bounds, City Attorney, indicated this item was posted on an Emergency Meeting Agenda and dis- played at 2:45 P.M. this date. He indicated the protest was received after the regular agenda was posted and that the EPA guidelines and regulations establish deadlines relating to funding of sanitary sewer facilities requiring immediate action and for this reason, this item is being handled in this emergency fashion. He indicated the Council needs to consider the procedure for determining protest of.the award of the sewer plant contract by Angleton General Mechanical, Inc. He indicated he received this protest document on May 23, 1980. Mr. Bounds advised the Council of the EPA requirements and the suggested procedure. Mayor Waller suggested next Monday, June 2, 1980 at 4:30 P.M. as the time for the hearing to receive additional testimony and facts. He then appointed the following committee of councilmembers to preside over the hearing: Councilmembers Monday. Brown Kino and himself. Councilmember Dickens moved to accept the Mayor's RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-18 Title: RE-WARDS NHSP BID TO BRYAN CONSTR. Date: 06-10-80 indicated it appears there will be approximately a ,� increase any way we go. He said this is substantially more than anticipated. Councilmember Dickens asked that the Council consider some of the additional alterna- tives. He said the proposed rates are excessive. Councilmember Monday asked to see those alternatives broken down specifically to show the impact that alternative will have on the institutions and out of city versus that of the individual household, on all of the three alternate plans. Mayor Waller noted a ,page similar to the last page--regarding Comparison of Monthly Utility Bills--also should be compiled for each alternative. Council- member King asked for a comparison of these rates with other cities to relate the new rates with the increases elsewhere. Mayor Waller asked that this comparison be made with other cities who have at least some surface water. Mayor Waller also asked for some of the rate projections that were made several years ago with regard to this project--final rates in order to complete the project. He indicated although we all knew we had another rate increase coming, but that increase, he said, in his judgement was approximately 20% and this one is about 50%. Mr. Waller indicated Mr. Willis computed 51.2 million in sewer bonds amortization and he said they are not going to be that much. Mr. McGuire indicated the bid was $1.224 million and the projected cost for construction only was $1.480 million, and you have engineering, capitalized interest, reserve fund, etc. Mr. Waller said about $2 million appeared to be the gross fund requirement for that issue rather than $2.7 million. Mr. McGuire indicated we learned this a week ago. Mr. Waller indicated he would be interested to know what rate was used regarding the $2.7 million dollars to compute the debt service requirement. Mr. McGuire indicated Mr. Willis was using 10°x. He said bids will be taken the 25th of June on the sale of those bonds. Mr. Waller indicated this is an area of adjustment to get the rate more accurate. Councilman McGlothen reminded the Council of the fact that the institutions will need some time to plug this new increase into their budgets. The Council agreed to give the institutions this consideration, although they felt they had been advised of an upcoming increase some time ago. Pending further study and calculation of these rates then, the Council moved on to the next topic. RESOLUTION NO. 80-18--CONSTRUCTION CONTRACT North Huntsville (Parker Creek) Sewer Plant Mayor Waller then asked Councilman Brown to report on the subcommittee's recommendation on the protest appeal of Angleton General Mechanical, Inc. Councilmember Brown indicated the subcommittee met at 6:30 P.M. on this date and reviewed the response in writing made to the hearing held last Thursday from Mr. Richardson attorney for AGM, Inc. He said the subcommittee could find no substantive additions to the material that was presented last week. He said the subcommittee voted unanimously to recommend to the entire Council that the earlier action awarding this contract to Bryan Construction Company, Inc. be sustained. RESOLUTION NO. 80-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DETERMINING A PROTEST OF AWARD OF THE CONTRACT FOR THE PARKER CREEK. SEWER TREATMENT FACILITY BY ANGLETON GENERAL MECHANICAL, INC.; AFFIRMING AWARD TO BRYAN! CONSTRUCTION COMPANY; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO. RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-19 Title: AUTHORIZES IPA GRANT Date: 06-17-80 Councilmember Corley moved to adopt Ordinance No. 80-17 and Councilmember King seconded the motion. All were in favor of the motion and it passed unanimously. Jerry McGuire, City Manager, noted the work has been completed, the bill submitted and payment is now in order. He indicated also that the City received an interest rate which is 1.1% less because it waited until now to process the certificate of obligation. It was noted the interest rate is 8 percent. RESOLUTION--IPA GRANT Mr. McGuire, City Manager, indicated he has received numerous requests for re-evaluation and reclassifica- tion of positions from various departmental directors. He indicated the present payscale and classification system seemed to him to be unbalanced and indicated there were some 90 separate classifications in the pay plan for the 165 city employees which he felt needed to be reduced down to no more than one-third of that. He indicated the City has not kept current with its cl.assification system for each and every job, stating those existing are basically antiquated. He felt the solution to resolve the overall problem would be to acquire a specialist through a grant through the State Government's Intergovernmental Personnel Act to come in to take an indepth look and put it in the proper perspective. He felt this job could be accomplished in 8-10 weeks after approval of the grant which may take some 30 days. He indicated the job should be completed prior to the next budget year. Mr. McGuire indicated the in-kind contribution would be the time of the employees in a written and oral interview process to document the various job requirements and some printing and xeroxing costs. The grant request is for a maximum of 510,500, he said. The Resolution was then presented for Council action, the caption of which is as follows: RESOLUTION NO. 80-18 A RESOLUTION OF THE CITY COUNCIL-OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING APPLICATION FOR AN INTERGOVERNMENTAL PERSONNEL ACT GRANT TO DEVELOP A. PERSONNEL CLASSIFICATION AND COMPENSATION PLAN; MAKING VARIOUS PROVISIONS RELATED THERETO. Councilmember Corley moved to adopt the Resolution No. 80-19 and Councilmember Dickens seconded the motion. All were in favor and the motion passed unanimously. CONTRACT--ICE MACHINE City Manager Jerry McGuire recommended that the contract for the purchase of an ice machine for the Service Center be awarded to the low bidder, as follows: Machine Ice Company $3,063.19 He indicated this is a budgeted item and that the amount of $4,000 is available in authorized funds. Council- member King moved to award the bid to Machine Ice Company in the amount of $3,063.19 from budgeted funds and Councilmember Monday seconded the motion. All were in favor the motion passed unanimously. CONSIDER EASEMENT PROBLEMS ON J.B. NELSON TRACT City Attorney Scott Bounds requested that this item be discussed in executive session since it is subject RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 80-20 Juvinile Crime Prevention & Diversion Unit RESOLUTION NO. 80-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING APPLICATION FOR A CRIMINAL JUSTICE DIVISION GRANT; AUTHORIZING EXECUTION OF GRANT AGREEMENT; MAKING VARIOUS PROVISIONS RELATED THERETO. WHEREAS, the City of Huntsville staff has submitted a grant request for a Juvenile Crime Prevention and Diversion Unit from the Criminal Justice Division of the Office of the Governor; and WHEREAS, the proposal has been recommended for funding by the Criminal Justice Division; and WHEREAS, the City must match such funds on a cash and in kind basis; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS that: Section 1: The City Manager is hereby authorized and directed to apply for a Criminal Justice Division grant in the amount of $49,948 for a Juvenile Crime Prevention and Diversion Unit for the City of Huntsville. Section 2: The City Manager is authorized and directed to execute an agreement for said grant n_roviding for a city match of funds in the total amount of $26,335, to be provided as an in kind and cash basis. Section 3: This resolution shall take effect immediately after the passage by Council. INTRODUCED, READ and ASSED by the affirmative vote of Council on this��t-l— of l 1980. RRIS I. WALLER, MAYOR ATTEST: TH DE SHATT, CITY SEC TARY APPROVED: )67 TT BOUNDS, GITY ATTORNEY -z't' RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-21 Title: AUTHORIZES ISSUANCE OF TRA REV.BONDS- SEWER Date: 06-24-80 VUICC I`UUIU611I 11 Jane Monday Members absent: William Hodges Delora King The Meeting was called to order by the Honorable Morris I. 'Waller, Mayor. The invocation was given by Councilman Goree McGlothen. CONSIDER THE MINUTES OF THE PREVIOUS MEETING The minutes of the previous meetings of June 12, 17 and 20 were presented for Council approval. Council- member Corley moved to adopt the minutes as prepared and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. RESOLUTION--REVENUE BONDS Resolution No. 80-21 Authorizing the Issuance of TRA of Texas Contract Revenue Bonds, Series 1980-A (Sewer Project Mr. Boyd London of First Southwest Company, financial advisors of the TRA, noted the Councilmembers' trip to New York netted a bond rating for the City of BAA-1 from Moody's and A- from Standard & Poors. He indicated the rating is what he expected as the City has a lot of debt over a short period of time and it will have to re-establish its track record. He noted the 52,700,000 TRA of Texas Revenue Bonds, Series 1980-A would be sold on Wednesday, June 25, 1980 and he indicated the interest rate would be under 8P,. Mr. Pipes indicated the bid on this project was 51.7 million plus engineering and contingency. Mr. London indicated any funds we have left over in the construction fund will flow to the interest and sinking fund, which will reduce the payments the city will have to make until those funds are exhausted. Mr. London indicated TRA will escrow 20 months worth of interest (to 1-10-82) and will keep and invest these funds which will be some 5200,000 to 5300,000. He anticipated 5296,000 will go into the reserve fund, 3% will be for fees (581,000 in fees), and $1,999,000 will go the construction fund. If any of these figures are less, he said, they will be transferred to the construction fund. Councilmember Brown moved to adopt Resolution No. 80-21 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. RESOLUTION--CRIMINAL JUSTICE GRANT Resolution No. 80-20 Mr. Pipes then presented this resolution, the caption of which is as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING APPLICATION FOR A CRIMINAL JUSTICE DIVISION GRANT; AUTHORIZING EXECUTION OF GRANT AGREEMENT; MAKING VARIOUS PROVISION RELATED THERETO. r He indicated this resolution will authorize the City Manager to apply fora Criminal Justice Division RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-22 Title: IMPROVEMENTS TO MOFFIT SPRINGS ROAD Date: 07-01-80 is to get e study comp e e e ore the wet weather sets in and thattime was a Tactor in contracting out is work. Mr. McGuire indicated he did not preclude that it could be handled in-house if it were not for the present understaffing and time limitations. Councilmember Monday asked that this item again appear on the Council's next meeting agenda, July 8, after having been reviewed by the Planning Commission on July 7. APPROVAL--FINANCIAL SERVICES Rowles Winston Company--C.O.'s Police and Courts Building Mr. McGuire then presented a statement from Robert H. (Rennie) Baker of the Rowles, Winston Division of Cowen & Company for the coordination of the issuance of the certificates of obligation to purchase the Police and Courts Building, a nonbudgeted item in the amount of 51,000. 1 I, Councilmember Corley moved to authorize payment of $1,000 to Raffles Winston as suggested by the staff to be funded from General Fund Contingency and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. It was noted the balance in the General Fund Contingency Fund at this time is $117,000. APPROVAL--AP,CHITECTURAL SERVICES Mayor Wallet- then presented the staff's recommendation that approval be given for the payment of archi- tectural fees in the amount of 51,528.75 to Dan Slater for services rendered on the airport's terminal building (Administration Building). Councilmember McGlothen made the motion to authorize the payment of 51,528.75 to Dan Slater for architectural services rendered for the period of March 10, 1980 to June 6, 1930 as presented in his statement of June 12, 1930 and Councilmember fang seconded the motion. All were in favor and the motion passed unanimously. It was noted these funds would be paid from the airport building fund. It was noted the project should be completed by September 1 as the bid stated a 90 day construction time. EMERGENCY ITEMS Resolution--Joint City-State Improvement of Moffitt-Springs Road West of I-45 Mayor Waller noted this road is behind Walker Byrd Building Materials Company and connects the Interstate 45 feeder road with Highway 75 North and provides the only paved entrance to that particular feeder road. He said it relates actually to improvements on a joint basis for Brown Oil Tools' facility. He said this is somewhat of a compromise with Texas Highway Department and the City in that we are agreeing by Resolution No. 80-22 to participate in the acquisition of the right-of-way or we are stating our intent to do so, and to provide grading and drainage structures which would consist of an additional corrigated drainage culvert, selection of materials and right-of-way markers, etc. related to the road. He said it is a minimal participa- tion related to the cost of this particular project. He said the Highway Department estimates the entire project will cost, if contracted, at 5117,000 and they have elected to do it with their own funds, provided the City will participate. He said this Resolution is our indication that we will participate with our am personnel and in-house facilities under Highway Department supervision to the extent indicated. Councilmember Corley asked how many dollars and cents we were talking about. Mr. Waller said it was hard to say as it depends on direct out-of-pocket dollars minimal. He said it is inside the City limits. Mr. Waller indicated our participation is the only way the Highway Department will participate and take over the maintenance of this particular feeder road. He said after the work is completed, the Highway Depart- ment anticipates it will assume the maintenance of the 1200 foot section. Mayor Waller noted this is not beyond the City's manpower or resources capabilities but it means something else will have to wait. Councilmember Corley then made the motion to adopt Resolution No. 80-22 and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. Councilmember Corley then amended his motion to specify that the resolution speaks to the City's participation with the Texas Highway Department in the improvement of the Moffitt Springs Road as it exists west of I-45. The amendment was acceptable by the remaining council and it passed unanimously. Ordinance No. 80-23--Water Rationing Plan The City Attorney, Mr. Scott Bounds, then presented the Ordinance, the caption of which is as follows: AN ORDINANCE OF THE CITY OF HUNTSVILLE, PROHIBITING THE USE OF CITY WATER FOR OUTDOOR USES EXCEPT FROM 6:00 A.M. TO 9:00 A.M. ON DESIGNATED ODD OR EVEN DAYS; AUTHORIZING THE CITY TO TERMINATE WATER SERVICE FOR VIOLATIONS; DEFINING CERTAIN USES OF WATER AS A PUBLIC NUISANCE; PRESCRIBING A PENALTY OF $200 FOR THE VIOLATION, DECLARING AN EMERGENCY; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilmember King moved to adopt Ordinance No. 80-23 and Councilmember Hodges seconded the motion. Councilmeinber Dowling voted OPPOSED to the motion. All other councilmembers voted in favor of it and the motion therefore passed. MAYOR'S REPORT EPA Hearing--Dallas--Angleton Mechanical General's Protest--North Sewer Plant Bid Mayor Waller indicated he and the City Manager and City Attorney would be traveling to Dallas in the morning to attend the final hearing on the subject of the protest by Angleton of the City's action in award- ing the bid to Bryan Construction Company of Bryan, the second low bidder. Mr. Gene Pipes indicated a further appeal of EPA's decision would be through the General Accounting Office in Washington. Appointments to the Library Board Mayor Waller noted there were two expiring terms on the Library Board. He then appointed, with the consent and approval of the Council, the following two new members: Mrs. Marge Rex 1980-1983 f Mr. Don Baker 1980-1983 RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-23 Title: SUSPEND GSU RATES 120 DAYS Date: 07-15-80 X95 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 15TH DAY OF JULY, 1980, IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 8:00 P.M. The Council met in regular session with the following members present: E. Larry Dickens, Mayor Pro tem Murray A. Brown Larry Corley Jerry L. Dowling William Hodges Delora King Goree McGlothen Jane Monday Member absent: Morris I. Waller, Mayor The meeting was called to order by the Honorable E. Larry Dickens, Mayor Pro tem. The invocation was given by Councilmember Goree McGlothen. 1 CONSIDER THE MINUTES OF THE PREVIOUS MEETING Mayor Pro tem Dickens presented the minutes of the meeting of July 8, 1980 for the Council's approval. j Councilmember King moved to adopt the minutes as prepared and Councilmember Monday seconded the motion. All fwere in favor of the motion and upon unanimous vote of the Council the motion was passed. I: RESOLUTION NO. 80-23 - SUSPENSION OF PROPOSED RATE SCHEDULES BY GSU This Resolution, which was discussed in worksession, states that any increase in rates as presently set out is suspended for 120 days from July 22, 1980, in order that a determination may be made by the Public i Utilities Commission. Councilmember Brown made a motion to adopt Resolution No. 80-23. The motion was seconded by Councilmember Corley. There being no further discussion, the motion was passed by unanimous vote of the Council. The Council authorized the City to participate with other cities in the TML joint study of GSU's rate increase request. i, RESOLUTION NO. 80-24 - AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF BLIGATION REGARDING CITY/COUNTY JAIL FACILITY This Resolution, which was discussed in worksession, authorizes the City to publish its notice of.inten- tion to issue Certificates of Obligation for the purpose of evidencing the indebtedness of the City for a art of the RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 80-24 Notice of Intention to Issue C.O.for Jail 07-15-80 T RESOLUTION NO. 80-24 RESOLUTION AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS CERTIFICATES OF OBLIGATION WHEREAS, the City Council of the City of Huntsville, Texas (the "City") deems it advisable to issue Certificates of Obligation of the City in accord- ance with the notice hereinafter set forth; therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section l: The City Clerk is hereby authorized and directed to be published in the manner required by law a notice of intention to issue Certificates of Obligation in substantially the following form: NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Huntsville, Texas (the "City"), will meet in the City Hall, City of Huntsville, Texas, at 7:00 p.m. on August 5, 1980, to adopt an ordinance authorizing the issuance of City's Certificates of Obligation, payable from City ad valorem taxes, bearing interest at any rate or rates not to exceed the maximum interest rate now or hereafter authorized by law, as shall be determined in the discretion of the City Council, and maturing over a period of years not to exceed twenty (20) years from the date thereof, for the purpose of evidencing the indebtedness of the City for a part of the cost of constructing a Cityg=eanty=a Walke�jail facility and the cost of professional services incurred in connection therewith. WITNESS my hand and the official seal of the City, this day of 1980. Ruth DeShaw, City Clerk Section 2: The notice set forth in Section 1 above shall be published once a week for two (2) consecutive weeks in a newspaper which is of general circulation in the City, the date of the first publication to be not less than fourteen (14) days prior to the date tentatively set in said notice for the passage of the ordinance authorizing the issuance of such Certificates of Obligation. Section 3: This Resolution shall take effect immediately upon its passage. PASSED AND APPROVED by the City Council of the City of Huntsville, Texas, on this the /5,L.4 day of T' 1980. CITY OF HUNTSVILLE, TEXAS i By�`i cl/l/LG AT E. Larry Dic r Mayor Pro Tem u th DeS aw, City Secretary RECORDS SERIES TITLE: Ordinance, Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-25 Title: EPA SIGNATORY AGENT Date: 08-05-80 ORDINANCE REGARDING AUXILIARY POLICE UNIT Mr. McGuire indicated this proposed ordinance amendment would amend Chapter 5 of the Code of Ordinances by limiting the number of members authorized under an auxiliary police unit. He said it merely sets the maximum I' number at 25 or less whereas the original authorized strength was a minimum of 25. This is the only change, he said. He said it still'requires action by the Mayor, Council or Chief of Police at any time in the future that it would be deemed appropriate to activate this unit. Councilmember Corley made the motion to table this ordinance for further review and study. Councilmember Brown seconded the motion to table. All were in favor and the motion to table passed unanimously. ORDINANCE REWRITING THE ANIMAL CODE Mr. McGuire advised the Council this proposed ordinance provides for amending Chapter 4 of the Code of Ordinances by making certain changes to the animal code. He said these changes include: 1) the elimination of a mental culpable state for the offense running at large; 2) the prohibition of keeping all livestock (including goats) and fowl within 125 feet of a residence that the owner of the animal does not have the right to occupy; 3) the limitation of quarantine of suspected rabid animal by owner; and 4) the elimination of the city license. Councilmember Brown made the motion to adopt Ordinance No. 80-29 which amends the Animal Code and Council- member King seconded the motion. All were in favor and the motion passed unanimously. RESOLUTION NO. 80-25--EPA SIGNATORY AGENT Mr. McGuire, City Manager, indicated this resolution authorizes the City Manager to sign documents related to projects funded under the Federal Water Pollution Control Act. He said this action is required and placed on record in order to allow for himself to sign necessary papers on federally funded projects, such as the Parker Creek Sevier Plant. Councilmember Corley made the motion to adopt Resolution No. 80-25 and Councilmember King seconded the motion. All were in favor and the motion passed unanimously. CHANGE ORDER--SERVICE CENTER, OFFICE EXPANSION The City Manager advised the Council of the need for a change order on the service center office expansion project which is made necessary due to changes needed for panelling, light fixtures and tile. He indicated this project is funded by an authorized C. 0. He said the original contract to Grisham Construction Company is for 533,315 and the net increase this change order will have is S1,428, for a total project now of $34,743. Councilmember Brown made the motion to approve Change Order No. 1 related to the Service Center Office Expansion project in the amount of S1,428 which is funded with a previously authorized C. 0. and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. CONTRACT--AUDIT AND COMPUTER SERVICE Mr. McGuire advised the Council that the firm of Hereford, Lynch & Company has proposed that they be - ,_ --- -- --.._, _._.,. r_._ moi__ n_,.,.,._._ i roan 11._..11-1 o_....-..._ on inon T- RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-26 Deferred Compensation Plan RESOLUTION NO. 80-26 RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS ESTABLISHING A DEFERRED COMPENSATION PLAN FOR THE CITY OF HUNTSVILLE WHEREAS, the City of Huntsville has in its employ certain personnel; and WHEREAS, said employees are and will be rendering valuable services to the City; and WHEREAS, the City has considered the establishment of a Deferred Compen- sation Plan for the said employees made available to the City and to said employees by the International City Management Association Retirement Corpora- tion; and WHEREAS, said employees often are unable to acquire retirement security under other existing and available retirement plans due to the contingencies of employment mobility; and WHEREAS, the City receives benefits under said plans by being able to assure reasonable retirement security to said employees by being more able to attract competent personnel to its service, and by increasing its flexibility in personnel management through elimination of the need for continued employment for the sole purpose of allowing an employee to qualify for retirement benefits. NOW, THEREFORE, BE IT RESOLVED that the City will establish said Deferred Compensation Plan for said employees and hereby authorizes its Mayor to ececute the Deferred Compensation Plan with the International City Management Association Retirement Corporation, and IT IS FURTHER RESOLVED that the City Manager may, on behalf of the City, execute all Joinder Agreements with said employees and other eligible officials and officers, which are necessary for said persons participation in the Plan, except that any Joinder Agreement for said designated official shall be executed by the Mayor. APPROVED AND SIGNED this the 16th day of September A.D., 1980. THE CITY OF HUNTSVILLE, TEXAS (.SEAL) ES � aw, "ec Morris I. Waller,aller, Mayor RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-27 Title: HIGHWAY IMPROVEMENTS-MOFFITT SPRINGS ROAD Date: 09-23-80 Mayor Naller expressed his appreciation for the City Council tor this progressive step in providing essential "seed money". to Halker County Fair Association in a rather substantial sum indicating confidence of the City of Huntsville in the reinstitution of the Fair. He expressed his appreciation of those who are sponsoring the Fair as this may once again become an institution of Huntsville and Walker County. He said he believed with this beginning it will continue to grow and prosper under the leadership it has. ! RESOLUTION NO. 80-27 Highway Improvements--Moffitt Springs Road Hayor Waller then presented this Resolution which accepts the provisions of the State Department of Highways and Public Transportation Minute Order No. 77726 regarding the improvements of the Moffitt Springs Road. This Resolution indicates the City will agree to provide all right of way clear of obstructions and free of cost to the State; provide for grading, drainage structures, select material, right of way markers, sodding, erosion control, barricades and traffic control; maintain its portion, and regulate traffic and prevent encroachment on Moffitt Springs Road from U. S. 75 North to Interstate Highway 45, a distance of approximately 0.2 mile. The State will provide for construction of base and surfacing and related incidental items at an estimated cost of $64,000 and will maintain that portion of the work which is its responsibility in accordance with present main- tenance agreement. Councilmember Dowling made the motion to adopt Resolution ivo. 80-27 and Councilmember Larry Corley seconded the motion. All were in favor and the motion passed unanimously. Mayor Waller commented this is an expression of the Council's attitude toward encouraging light industry to locate in Huntsville and to help balance the tax burden of all the citizens of Huntsville and Walker County. A CONTRACT--POLICE AND COURTS BUILDING Jerry McGuire, City Manager, presented the five bids received on this project for the construction of interior additions and improvements to an existing building for the Huntsville Municipal Justice Center in Huntsville. He indicated the staff recommends that the low bidder, Circle Double C Enterprises be awarded the contract in the amount of $155,550 for 130 calendar days. Councilmember Delora King made the motion to award the contract to Circle Double C Enterprises to be paid for with 5100,000 cash from Revenue Sharing and the balance of 555,500 carried on a short term certificate of obligation and Councilmember P1cGlothen seconded the motion. All were in favor and the motion passed unanimously. It was noted the Police and Courts Building should be ready for occupancy by the first day of April, 1981. Auction of Miscellaneous Equipment in Old First National Bank Building (Police and Courts' new building) --It was noted bids had been received upon the second bidding on all materials except the T.V. Teller Unit, which is apparently functionally obsolete, McGuire said. He said the total amount bid on all items was $265.00. He said the City does not have to accept this amount. CONTRACT--CITY DEPOSITORY RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 80-28 Title: EPA SIGNATORY Date: 10-14-80 MR. BO HALL, CHAIRMAN OF THE PLANNING COMMISSION TO PRESENT RECOMMENDATIONS TO THE CITY COUNCIL FROM THE PLANNING COMMISSION Mr. Hall indicated the Planning Commission makes the following recommendations: I 1. That the City Council not institute "no parking" zone on the north side of 9th Street between Avenue F and Avenue J. 2. That the City Council not institute "no parking" zone at the Library. 3. That the City Council do consider a "no parking" area between Sam Houston Avenue and Avenue N on the South side of 20th Street. 4. That the City Council increase the "no parking" zone on the north side of 19th Street at Sam Houston from 30 feet to 75 feet. Councilmember Brown expressed his disagreement with recommendation #1 in that when the barbeque establish- ment is open on that corner of 9th and Avenue F, there are cars everywhere and much litter is deposited in the cemetery at that point. He indicated he would have to vote item rl as a "no parking zone." Councilmember Goree McGlothen, Councilmember for Ward 3 and aresident of the area, indicated he too would recommend "no parking" for item 41. He felt there should be no parking on the north side of 9th Street between Avenues F and J. Mayor Waller asked Councilmember McGlothen to meet with the Transportation Committee of the Planning Commis- sion to discuss this and that the Planning Commission then again review all areas recommended and bring back their final recommendations as soon as possible. RESOLUTION NO. 80-28 Designates Jerry S. McGuire as Signatory Agent for Grant Administration--FWPC Act. Mayor Waller then presented this resolution which provides for designation of the City Manager as signatory for grant administration under the Federal Water Pollution Control Act. He indicated council action was previously taken, however, EPA requests designation by name rather than by title. Councilmember Dickens made the motion to adopt Resolution No. 80-28 and Councilmember King seconded the motion. All were in favor and the motion passed unanimously. EMERGENCY REPAIR South Sewer- Plant Lift Station Control Panel Mayor Waller then presented the Administration's recommendation that approval be given for the emergency repair of a control panel on a major lift station at the South Sewer Plant to be paid from budgeted funds, as follows: Wholesale Electric $1,160.95 Councilmember Brown made the motion to approve these emergency repairs as indicated and Councilmember Corley RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 80-29 Approves Construction of a"West Beltway" 11-25-80 RESOLUTION NO. 80-29 Recognizing that well planned and properly situated roads, streets and highways are essential to the future orderly growth of Huntsville and further recognizing that the western areas of Huntsville are badly in need of such a facility, the City of Huntsville acting herein by and through its Mayor and City Council did at its regular meeting on November 25, 1980 unanimously adopt the following resolution: BE IT RESOLVED that the City of Huntsville does hereby express its support and approval for the construction of a "West Beltway" whose location is as follows: COMMENCING at the Highway 75 underpass on Inter- state Highway 45 North near the city airport; THENCE in a southwesterly direction passing over state Highway 30 West at FM 1791; THENCE in a southeasterly direction passing over FM 1374 at the northwest corner of the John Beachamp Survey and continuing in a southeasterly direction along its north line and crossing over an adjoining survey to the northwest corner of the William Barrett. Survey; THENCE in an easterly direction along the north line of the Barrett Survey departing its north- east corner and crossing over an adjoining survey in an easterly or northeasterly direction to an intersection with Interstate Highway 45 South at the Goree Unit TDC overpass. ATTEST: CITYYY OF HUNTSVILLE City Secretary Morris I. Waller Mayor RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 .CONTENTS OF FILE: Resolution 80-30 Amendments to Personnel Policies 12-02-80 I ( i RESOLUTION NO. 80-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING AND ADOPTING PERSONNEL POLICIES; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS, on September 25, 1979, City Council adopted amended personnel policies related to employment of its employees; and WHEREAS, Council desires to amend and expand the policies then adopted; and WHEREAS, Council also desires to adopt a promotional procedure for its police department as a part of the City's overall personnel policy; and WHEREAS, City Council desires to adopt a comprehensive personnel manual of rules, policies and programs affecting city employees; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS that: Section 1: Those certain rules entitled "City of Huntsville Personnel Policies" dated December 2, 1980, prescribing rules, policies and procedures con- cerning employees of the City of Huntsville, of which no less than three (3) copies have been and now are on file in the office of the City Secretary, are hereby adopted. A copy of said rules is attached hereto, marked Exhibit "A", and incorporated as fully as if set forth at length herein. These rules shall be made part of a City of Huntsville Employee's Manual. Section 2: Those certain departmental rules entitled "Huntsville Police Department Promotional Policies," dated December 2, 1980, prescribing rules, policies and procedures concerning employees of the City of Huntsville Police Department, of which no less than three (3) copies have been and are now on file in the office of the City Secretary, are hereby adopted. A copy of said rules is attached hereto, marked Exhibit "B", and incorpor- ated as fully as if set forth at length herein. These rules shall be made part of a City of Huntsville Employee's Manual. Section 3: It is the express intent of Council that other departmental rules regarding city employees be formalized, promulgated and adopted as a part of a City of Huntsville Employee's Manual. Council further desires that other rules, policies and procedures affecting city employees, including safety rules, job descriptions, pay plan, retirement and insurance programs, and affirmative action program be made a part of a City of Huntsville Employee's Manual. INTRODUCED, READ AND APPROVED by the City Council of the City of Huntsville, Texas, on this the 2nd day of December, A. D. 1980. MORRIS I. WALLER, Ma or ATTEST: (:;UT �DESHAW, City Secretary APPROVED: e� SCOTT BOUNDS, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO_: 1000-05 CONTENTS OF FILE: Resolution 80-31 Cultural Center RESOLUTION NO. 80-31 A RESOLUTION SUPPORTING THE DEVELOPMENT OF A CULTURAL ACTIVITIES CENTER WHEREAS, the City Council of the City of Huntsville recognizes the need of a public facility to serve as civic, convention and arts center for the citizens of the City of Huntsville; and WHEREAS, the Huntsville-Walker County Chamber of Commerce has proposed the development of a Cultural Activities Center to serve these community needs; and WHEREAS, the City desires to express its support for such a center; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that Section 1: The City fully supports the establishment, acquisition and construction of a Cultural Activities Center for the citizens of the City of Huntsville. Section 2: The City agrees to fund a study to determine the feasibility of a Cultural Activities Center for the City of Huntsville. APPROVED this the 2,A day of ]�_�Pm� A. D. 1980. THE CITY OF HUNTSVILLE, TEXAS , oc MORRIS . WALLER, Mayor ATTEST: (];STH DE i.ty: o Secretary RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 81-1 Unemployment Compensation 'RESOLUTION 81-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, SUPPORTING AMENDMENT OF THE UNEMPLOYMENT COMPENSATION ACT AS PROPOSED BY SENATE BILL 2 WHEREAS the City of Huntsville has paid unemployment compensation benefits to individuals that voluntarily quit their City employment or were properly discharged by the City for mis- conduct; and WHEREAS the payments of benefits in such cases imposes a financial burden upon the City and its taxpayers; and WHEREAS Senate Bill 2 will be introduced into the Texas Legisla- ture to amend the Unemployment Compensation Act to limit such payments; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that Section 1: The City Council supports and endorses proposed Senate Bill 2 proposing certain changes to the Texas Unemployment Compensation Act. Section 2: The City Secretary is directed to send a copy of this resolution to Senators Roy Blake and Ken Caperton and Repre- sentative Rodney Tow. Section 3: This resolution shall take effect immediately upon its adoption by Council. PASSED AND APPROVED this the 6th day of January, 1981. mayor ATTEST: //,ity i MITI-I b ity Secretary APPROVED`:: S SCOTT BOUNDS, City Attorney No file page - 1 - RESOLUTION NO. 81-2 A RESOLUTION FINDING THAT THE POPULATION OF THE CITY OF HUNTSVILLE IS 25,122 RESIDENTS WHEREAS, the City of Huntsville, Texas has received prelim- inary enumeration from the United States Bureau of Census indi- cating that the population of the City of Huntsville, Walker County, Texas as of April 1, 1980, was 23,946 residents; and WHEREAS the City of Huntsville has annexed additional areas containing a population of 1,176; and WHEREAS the total resident population of the City of Huntsville of 25,122 persons is consistent with the number of gas, electrical and water connections within the City of Huntsville, Texas, based upon the usual and customary methods of estimating population by virtue of such connections; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Based upon information supplied to the City of Huntsville by the Bureau of Census, an agency of the government of the United States, and based upon other evidence available, the City Council of the City of Huntsville, Texas, here finds that the official population of the City of Huntsville, Walker County, Texas, is 25,122 residents. Section 2: The City Manager shall forward a copy of this official resolution finding the true and correct population of the City of Huntsville, Texas, to the Texas Department of Highways and Trans- portation with the request that population figures shown on signs maintained by such department at the limits of said City, be cor- rected to reflect said new population figure. INTRODUCED, READ, AND PASSED BY UNANIMOUS VOTE OF THE CITY COUNCIL F THE CITY OF HUNTSVILLE, TEXAS, on this the day of TA. D. 1981. THE CITY OF HUNTSVILLE MORRIS I. W LL R, Mayor ATT -RUTH �Z10,14 L�d.�A, r i.ty Secretary APPROVED AS TO FORM: SCOTT BOUNDS, City Attorney Y RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 81-3 Signatory Agent RESOLUTION NO. 81-3 WHEREAS, the City of Huntsville, Texas, deems it necessary and proper to apply for Federal Grant Assistance under the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, and the rules and regulations pursuant thereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that Gene Pipes, the City Manager of Huntsville, Texas, be and is hereby authorized and directed to make application for grant assistance under Public Law 92-500 and the rules and regula- tions pursuant thereto, specifically 40 CFR 30.315-1 (1975); and to sign the acceptance of the grant assistance, when made, and any other documents required to complete the project, on behalf of the City. APPROVED this the 10th day of March, A. D. 1981. THE CITY OF HUNTSVILLE, TEXAS MORRIS I. WALLER, Mayor ATTEST: /J� E Ruth DeShaw, City Secretary APPROVED AS 30 FORM: c co Bounds, y orney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 81-4 Amend Police Promotional Procedures Policy 03-17-81 _ t RESOLUTION NO. 81-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ITS PERSONNEL RULES; MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS on December 2, 1980, City Council adopted a comprehensive personnel manual of rules, policies and programs affecting City employees, and WHEREAS, City Council desires to amend those rules, BE IT RESOLVED BY THE CITY COUNCIL of the City of Huntsville, Texas, that: Section 1: The "Huntsville Police Department Promotional Policies" as presently constituted are hereby amended to read as follows: HUNTSVILLE POLICE DEPARTMENT PROMOTIONAL POLICIES Section I - Purpose 1.01. The purpose of this procedure is to implement a fair promotional procedure for the Huntsville Police Division. Section II - Procedure for Promotion for the Supervisory Officer (not including Assistant Chief or Police Chief) 2.01. Requirements: Two years Texas law enforcement experience and an intermediate certificate from TCLEOSE. 2.02. Written Examination: A written examination will be administered consisting of not less than 100 questions. The date, time and location of the examination will be posted at least two (2) weeks prior to the test date. Each candidate will be given identical questions on the test. Study material will be posted on the bulletin board of the Police Department and may not be changed 30 days prior to the test. Candidates must correctly answer at least 70% of the questions to be referred to the Oral Interview Board. No numerical score will be indicated, and candidates will only be declared to have passed or to have failed. 2.03. Oral Interview: Within a reasonable time after the written ex- amination, candidates who passed the exam will be interviewed by a panel of five, appointed for a two-year period, which will consist of the Director of Public Safety, one supervisor and three persons appointed by the Mayor and confirmed by the City Council. Each member of the panel will rate the candidate on a scale from 0 to 50. The top and bottom score will be discarded and the remaining three averaged. If the average exceeds 35 points, the candidate will be declared as passed, without indication of a numerical grade. 2.04. Eligibility Pool: Candidates having passed the written exam and the oral interview will be placed, in alphabetical order, in an eligi- bility pool_ That pool will be referred to the Director of Public Safety and appointments made from the pool. Section III - Promotion for the Rank of Assistant Chief of Police Assistant Chief of Police will be selected by and serve at the discretion of the Chief of Police. March 17, 1981 Section 2: This Resolution shall take effect immediately upon passage. PASSED AND APPROVED BY THE CITY r COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, on this the — /rr� day of ///,111U.�lJ A. D. 1981. THE CITY OF HUNTSVILLE, TEXAS B / wy MORRIS I. WALL•R, Mayor ATT• .. uth D Shaw, City Secretary APPROVED AS TO FORM: Scott Bounds, City Attorney -2- PROMOTIONAL PROCEDURE • POLICE DEPARTMENT Section I - Purpose: 1.01. The purpose of this procedure is to implement a fair promotional pro- cedure for the Huntsville Police Division. Section II - Procedure for Promotion for the Supervisory Officer (not including Assistant Chief or Police Chief) 2.01. Requirements: Two years Texas law enforcement experience and an intermediate certificate from TCLEOSE. 2.02. Written Examination: A written examination will be administered con- sisting of no less than 100 questions. The date, time and location of the test will be posted at least two weeks prior to the examination. Written tests will be administered by the City Personnel Coordinator. Each candidate will be given identical questions on the test. Test material, i.e. reference material, will be posted on the bulletin board for the candidates convenience. Reference material will not be changed 30 days prior to test. Candidates will receive a score of 1/2 the percentage of questions correctly answered. 2.03. Oral Interview: After the written test is graded, the candidates scoring 40 or above will be interviewed by a panel of five, appointed for ® a two-year period, which will consist of the director, one supervisor and three persons appointed by the Mayor and confirmed by the City Council. Each member of the panel will rate the candidate on a scale from 0 to 50. The top and bottom score will be disregarded and the remaining three averaged. This will be added to the overall score. The scoring of the oral interview will be given to the personnel coordinator for tabulation of final score.. 2.04. Composite Competency Index: A composite score from written examination (maximum 50 points) and oral interview (maximum 50 points) will be derived by adding two scores together. A composite score of 75 points or more qualify the candidates for consideration. The candidates' names and scores will be referred to the Director of Public Safety by the City Personnel Coordinator for consideration. The Director shall make an appointment from the candidate pool. Section III - Promotion for the Rank of Assistant Chief of Police: Assistant Chief of Police will be appointed by the Chief of Police or Director of Public Safety, RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 81-5 HE 1040 Requiring Compensation RESOLUTION NO. 81-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, OPPOSING COMPENSATION FOR REGULATION OF SIGNS AS PROPOSED BY HOUSE BILL 1040. WHEREAS, the City Council of the City of Huntsville finds that the unregulated construction of signs, billboards, and other outdoor advertising struc- tures can present structural hazards to its citizens; and WHEREAS, the City Council finds that the unregulated siting and placement of signs, billboards and other outdoor advertising structures can present impediments and dangers to traffic along its streets and sidewalks; and WHEREAS, the City Council finds that the unregulated siting and placement of signs can result in unsightly proliferation of such signs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The City Council opposes proposed House Bill 1040 proposing pay- ment of compensation to owners of signs and billboards regulated by a city. Section 2: The City Secretary is directed to send a copy of this Resolution to Senator Kent Caperton and Representative Rodney Tow. Section 3: This Resolution shall take effect immediately upon its adoption by Council. PASSED AND APPROVED this ;2 3 R��day of MEA k C 14 1981. THE CITY OF HUNTSVILLE, TEXAS Mayor CATTEST:% Rutfi DeShaw, City secretary APP OV��EDyy/AS T •ORM: �QY�L Scott Bounds, City Attorney �, rl f(r RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 81-06 Title: ACCEPTS 1981 ELECTION RESULTS Date: 04-07-81 Mayor Waller then asked the Council for their acceptanceof the results as recorded. Councilmember Dickens made the motion to adopt the results of the City Regular Election of April 7, 1981 as presented on the tabulation on the reverse side of this page and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. This acceptance of the election was then formalized by the execution of Resolution No. 81-6, the caption of which is as follows: RESOLUTION NO. 81-6 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE, TEXAS, ON THE 4TH DAY OF APRIL, 1981, FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE AND FOUR (4) COUNCILMEN FROM THE RESPECTIVE 14ARD NOS. ONE (1), TWO (2), THREE (3) AND FOUR (4) TO SERVE REGULAR TWO YEAR TERMS; AND FOR FURTHER PURPOSE OF VOTING ON THE ADOPTION OF THE FIREMEN'S AND POLICEMEN'S CIVIL SERVICE ACT FOR THE POLICE DEPARTMENT; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. REMARKS—OUTGOING MAYOR Morris I. Waller Mr. Waller then recognized all citizens from the community who were present for this council meeting. He then made a "State of the City" address in which he reviewed the recent past, 1968-1981. Highlighted were the major accomplishments achieved over these years for the City. Mr. Waller noted Mr. Nash, the newly elected Mayor, is an experienced executive of the highest calibre and that he will bring new insights into this position. He said improvements, no doubt, will be refreshing to the Administration as well as to the Council. He then wished him well and pledged him his support and help . only if asked. He then thanked the Council, the Administration and the people of Huntsville and expressed his sincere appreciation for a most inwardly rewarding experience. While receiving a standing ovation, Mr. Waller then shook the hands of all councilmembers. Presentations to Morris I. Waller City Secretary Ruth DeShaw then presented Morris I. Waller a scrapbook containing memories of significant events and accomplishments over the last 13 years of Mr. Waller's tenure with the City of Huntsville. Council- member E. Larry Dickens then presented to Morris I. Waller a proclamation from the councilmembers bestowing upon him the first honorary title of "Mayor Emeritus." OATHS OF OFFICE Administration of Oaths of Office and Certificates of Election The City Secretary, Ruth DeShaw, then administered the oaths of office to the.newly re-elected Councilmem- bers and the newly elected Mayor. The certificates of election were then passed out to each and every one of them. Mayor Nash then took his seat as Mayor of the City of Huntsville and to preside over the remainder of the meeting. The Councilmembers then individually welcomed Mr. Nash to the Mayor's seat. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 81-8 Financial Audit/ 1979-80 RESOLUTION NO. 81-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ACCEPTING THE FINANCIAL AUDIT OF CITY FOR FISCAL YEAR 1979-80; MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the City Council appointed Hereford, Lynch and Company to perform an independent audit of all accounts of the City as required by Section 11.19 0£ the City Charter; and WHEREAS Hereford, Lynch and Company has completed that audit and delivered it to City Council for review; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS that: Section l: City Council hereby accepts and approves the independent audit by Hereford, Lynch and Company of all accounts of the City for fiscal year October 1, 1979 to September 30, 1980. Section 2: The City Manager is directed to cause the results of the audit in the official newspaper of the City. Section 3: The City Manager is further directed to place copies of said audit on file in the office of the Director of Finance and the Huntsville Public Library as public record. Section 4: This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED on this Q gy- day of April, 1981. THE CITY OF HUNTSVILLE, TEXAS B � - z( ----- Y William V. Nash, Mayor ATTEST: ClDe�Shaw; ty Secretary APPROV'E'D. AS TO FORM:' Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 81-09 Title: CITY ENDORSES ST.IMPROV.FUND LEGISLATION Date: 04-14-81 seconded the motion. All were in favor and the motion passed unanimously. Consider consultation proposal for "as built" plans on the North Huntsville Sewer Interceptor Project Mr. Pipes, City Manager, noted a proposal has been presented from Davidson Engineering to prepare "as-built"i location drawings for the North Huntsville Sewer Project, including the treatment plant site, outfall line and laterals for an estimated cost of `;;21,816, with actual costs determined by actual time and materials used. He advised this is not a budgeted project. He noted an alternative to this expenditure would be to have Isbell and Associates compile the "as-built" data as part of its on-going Utility Mapping Project, but that this too, would be on a time and materials basis. Councilmember Brown felt that since the City already has a utility mapping program underway, this should be done in-house. He then moved to reject the proposal from Davidson Engineering and Councilmember King seconded the motion to decline this proposal. All were in favor and the motion passed unanimously. Consider assignment of the operator's lease on the Huntsville Municipal Airport Councilmember Brown requested a delay in this matter as he did not have time to adequately review the information presented by the City. He then made the motion to delay action until April 28 and Councilmember King seconded the motion. All were in favor and the motion passed unanimously. Consider Resolution No. 81-8--endorsing the proposed road fund pending in the Texas Legislature--SB 951. Mayor Nash then presented this resolution, the caption of which is as follows: RESOLUTION NO. 81-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, SUPPORTING CREATION OF A CITY STREET IMPROVEMENT FUND LEGISLATION; AND MAKING OTHER PROVISIONS RELATED THERETO. It was noted this resolution supports SB 951 and HB 1960 which propose to create a City Street Improvement Fund using motor vehicle license fees in order to aid city and county efforts to maintain streets. Councilmember Dickens made the motion to adopt Resolution No. 81-9 and Councilmember Corleyseconded the motion. Discussion: Councilmember Dowling noted he will vote against this motion because he "always has a little bit of trouble with any organization I'm a member of that lobbies for legislation in the name of repre- senting its members and there is an assumption that unanimity of opinion about some things that is ill founded; secondly, I am not so sure that the bill, as I understand it from reading the information provided, is in the best interest of the people of the State of Texas in view of the financial conditions of the State of Texas." He said with his limited experience, he has noted that money that goes to one place and then comes back to another place somehow, about half of it gets lost in administrative shuffle. He preferred that if money is going to be collected locally and spent locally it should avoid going to the state first. A vote was then taken and all were in favor of the motion to adopt Resolution No. 81-9 EXCEPT Councilmember Dowling, who voted "NO." The motion, however, passed. RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 81-11 Title: SUSPENDS GSU RATES Date: 06-02-81 runLll, U11L111t) Ut1AKIf1LNJ Consider authorization of payment in the amount of $2,000 for one-half of the necessary easement to install Change Order No. 1 on Line AIA--North Huntsville Sewer Lateral Project--to alleviate overloaded area. Mr. Pipes then requested Council approval of the purchase of one-half of the necessary easement, to install the 24 inch sewer line off of FI1 247, which would cost some $2,000. He noted it is necessary to install Change Order No. 1 on Line AlA with the North Huntsville Sewer Lateral Project. He said it would be paid for from project funds. Councilmember Brown made the motion to approve this expenditure as reported and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimously. Consider authorization of payment in the amount of $2,855 for an easement to install the Highway 30 twelve inch water line The City Manager, Mr. Gene Pipes, then asked the Council's approval of payment in the amount of $2,855 for an easement to install the Highway 30 twelve inch water line. He noted it is to be funded from the Water and Sewer Contingency Funds, which has a balance of $81,080. Councilmember Brown made the motion to approve this expenditure and Councilmember Hodges seconded the motion. All were in favor and the motion passed unanimous) y. EMERGENCY ITEM Falk Gear Drive--South Huntsville Sewer Plant--New Purchase Mr. Gene Pipes, City Manager, noted this is an emergency item for purchase which is integral to the opera- tion of the South Huntsville Sewer Plant. He noted the Falk Gear Drive is estimated to cost $6,000 and is to be funded 50-50 with Elkins Lake Municipal Utility District. He noted it would have to be funded from the Water and Sewer Contingency Fund (balance $78,225). Meir. Pipes noted this is the second time this particular gear drive has gone out but this time the City would be replacing it with a standard unit which will also be used at the new North Sewer Plant. This will enable us to rebuild parts and keep repair parts in stock. Councilmember Kinn made the motion to approve this emergency expenditure from (later and Sewer Contingency and Councilmember Brown seconded the motion. Mr. Pipes noted this also is an operational expense which will be shared equally with Elkins Lake, so although we are approving $6,000, the City's cost will be $3,000. All were in favor and the motion passed unanimously. LEGAL DEPARTMENT Resolution No. 81-11--Suspending GSU Rate Increase for 120 Days Mayor William V. Nash then proposed Resolution No. 81-11 for Council 's approval, the caption of which is as follows: — RESOLUTION NO. 81-11 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY GULF STATES UTILITIES COMPANY FOR A PERIOD OF ONE HUNDRED TWENTY (120) DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES MOULD OTHERWISE GO INTO EFFECT. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 81-12 Comp.Plan RESOLUTION NO. 81-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A C014PREHENSIVE COMPENSATION PLAN; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Chapter 7 of the City Personnel Policies provides that the City Manager shall prepare and administer a comprehensive compensation plan for City employees to City Council for approval; and WHEREAS the City Manager, with assistance of staff and consultants, has pre- sented a comprehensive pay plan to Council for approval; and WHEREAS City Council finds that the pay plan positions job classifications on a salary schedule consistent with prevailing rates of pay for such jobs and consistent with the duties of such jobs; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: City of Huntsville Employee's Manual is hereby amended by the adoption of a new comprehensive compensation plan, attached hereto as Exhibit "A" and made a part hereof for all intents and purposes. Section 2: This resolution shall take effect immediately upon passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, on this the 9th day of June A. D. 1981. CITY OF HUNTSVILLE-, TEXAS BY O Ruth DeShaw, City Secretary APPROVED: Scott Bounds, City Attorney w RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 81-13 Reorganization RESOLUTION NO. 81-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL POLICIES TO REORGANIZE THE CITY ADMINISTRATION; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The "City of Huntsville Personnel Policies" dated December 2, 1980, are hereby amended by the repeal of City Organizational Chart as presently written and by the adoption of a new City Organizational Chart that shall read as follows: (See Exhibit "A" attached) Section 2: This resolution shall take effect immediately upon adoption by City Council. - PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, on this the 9th day of June A. D. 1981. CITY OF HUNTSVILLE, TEXAS B � Y ATTEST: N 'Ruth D aw, i Secretary APPROVED AS TO FORM: sem, Scott Bounds, City Attorney I CITY ORGANIZATIONAL CHART 6-9-81 MAYOR and CITY COUNCIL 1 I LEGAL _ COURT __ MANAGER PLANNING SECRETARY • (Bounds) (Colley) (Pipes) (Brown) (DeShaw) INTERNAL PUBLIC ENGINEERING PUBLIC SAFETY SERVICES FINANCE ADMINISTRATIVE UTILITIES DESIGN - PUBLIC WORKS (Farrar) ( Keys ) (Allen) ( Smith ) (Wilder) ( Isbell ) (Poteete) M H m N y Fleet Budget and Public Bldg. Water Field J�tMre- tConst.Management Audit Maintenance Production Services aintenance Fire & Personnel Accounting Engineering Water Calculations Parks and I Rescue Services & Control Admin. Distribution & Drafting Recreation Civil Utility Inspection & Wastewater Data Res.- Comm. Defense Purchasing Billing Code Enforce. Collection Management Sanitation Dispatch Warehouse Tax Assessor Library & Wastewater Research & Solid Waste Services & Collection Fine Arts Treatment Development Disposal V. RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 81-14 Title: OPPOSES DIVISION OF WALKER COUNTY BETWEEN TWO LEGISLATIVE DISTRICTS Date: 09-01-81 Councilmember King said the Council does not have a position at this point. Councilmember Dowling said with the information available, it appeared to him the City could not deny someone a franchise; noting there is such an absense of any guidelines in this matter. Scott Bounds, City Attorney, noted in his informal opinion, he said the City can deny a new franchise holder from coming in, however, he wished to do further research on this opinion to find some basis for it. He said the Council, in his opinion, could grant an exclusive franchise to Telecable, Inc. (existing company). He said the City has already franchised them for operation through 1992. Mayor Nash asked Mr. Bounds to further research these topics and advise the Council in their next work session. Mayor Nash thanked Mr. Baker for coming to the Council and for his interest in Telecable. He invited Mr. Baker to join the Council in their work session next Tuesday night. He said the new proposal from the existing Telecable company will also be reviewed at that time. EMERGENCY ITEMS RESOLUTION 81-14--OPPOSING DIVISION OF WALKER COUNTY BETWEEN TWO STATE LEGISLATIVE DISTRICTS Mayor Nash then presented Resolution No. 81-14, the caption of which is as follows: RESOLUTION NO. 81-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, OPPOSING DIVISION OF WALKER COUNTY BETWEEN TWO STATE LEGISLATIVE DISTRICTS He advised the Council the Supreme Court did rule that the redistricting done by the Legislature was not accord- ing to the State Constitution and therefore the Redistricting Board would have to do the redistricting. He said it is considered very likely that the Board will meet very soon and therefore it would be appropriate that our thoughts and ideas be relayed to the appropriate bodies as soon as possible. Mr. Bounds, City Attorney, referred the Council to a map which shows how the proposed splitting of Walker County affects the City of Huntsville. Mr. Bounds noted the effect would be that the City would have to establish another voting box outside the interstate and within the new city limits line. He noted there are very few voters there and the City would have the expense of creating a new box, finding a new polling place, and then finding people to vote in it. He noted Walker County will prepare a similar resolution. Councilmember Monday made the motion to adopt Resolution No. 81-14 and Councilmember Dickens seconded the motion. All were in favor and the motion passed unanimously. RESOLUTION NO. 81-15--ENDORSING A MINORITY BUSINESS ENTERPRISE PROGRAM GERMANE TO AIRPORT PROJECT Mr. Gene Pipes, City P1anager, presented this resolution, the caption of which is as follows: RESOLUTION NO. 81-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A MINORITY BUSINESS ENTERPRISE PROGRAM He n;....,. r,,,,..,.;i +tip ri+v c nntifind rarantly that FAA had iust had some federal funds released to RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 81-15 MBE Program RESOLUTION NO. 81-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A MINORITY BUSINESS ENTERPRISE PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The Minority Business Enterprise Program of the City of Huntsville, Texas, attached hereto as Exhibit "A", and made a part hereof for all intents and purposes, is hereby adopted and made policy of the City. Section 2: The City Manager is hereby authorized to implement the Minority Business Enterprise Program. The City Manager is directed to forward .this document to the Federal Aviation Administration to complete its application for grant assistance. Section 3: Council hereby finds that this action must be taken immediately in order to qualify for federal funding of airport improvements. Section 4: This resolution shall take effect immediatley upon its adoption by City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, on this the I st day of September, A.D. 1981. THE CCIITY OF HHUN(TSVILLE, TEXAS By L----^ William V. Nash, Mayor ATTEST: AtySe4re6ary�'--DeShawC APPROVED AS TO FORM: ' �� Scott Bounds, City Attorney CITY OF HUNTSVILLE, TEXAS, MBE PROGRAM I. The Minority Business Enterprise (MBE) program to follow is being sub- mitted to the U. S. Department of Transportation (DOT) by the City in satisfaction of requirements set forth in the DOT MBE regulations (49 CFR Part 23). II. Each DOT financial assistance agreement shall include the following: "If as a condition of assistance the recipient has submitted and the Department has approved a minority business enterprise affirmative action program which the recipient agrees to carry out, this program is incorporated into this financial assistance agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of this financial assistance agreement. Upon notification to the recipient of its fail- ure to carry out the approved program the Department shall impose such i sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the agreement or other measures that may affect the ability of the recipient to obtain future DOT financial assistance." III. LAISON OFFICER. The Director of Community Development (Robert W. Smith) shall serve as the City's MBE Laison Officer. The Laison Officer may be contacted at City Hall, 1212 Avenue M, Huntsville, Texas 77340, (713)295-6471, Monday through Friday (except Holidays) between 8:00 A.M. i and 5:00 P.M. The MBE Laison Officer shall be responsible for coordin- ation of financial, legal, engineering and purchasing functions per- taining to MBE matters. The Laison Officer shall be responsible for i administration and implementation of the goals and objectives contained in this MBE program. IV. The City further agrees to adopt the following program elements and reporting procedures: MBE PROGRAM ELEMENTS 49 CFR Part 23 sets forth certain required MBE program elements in § 23.43 and § 23.45(e)-(i), to be applicable to activities carried out by the City. The City agrees to include the following clauses in each procurement initiated directly by it, and to adopt the following pro- gram elements: A. Required MBE contract clauses: 1. policy. It is the policy of the Department of Transportation that minority business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the per- formance of contracts financed in whole or in part with Federal funds under this agreement. Consequently the MBE requirements of 49 CFR Part 23 apply to this agreement. 2. MBE Obligation. The recipient or its contractor agrees to en- sure that minority business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take all neces- sary and reasonable steps in accordance with 49 CFR Part 23 -2- to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and perform- ance of DOT-assisted contracts. B. MBE Director [§ 23.45(e)]: The City will develop a loose-leaf di- rectory of minority businesses to identify MBEs with capabilities relevant to construction of airport improvements. The information contained in the MBE source list or directory shall be made available to contractors, bidders, and proposers to facilitate their efforts to meet the specific MBE program requirements if opportunities for private sector contracting or purchasing exist. C. Procedures to ascertain the eligibility of MBEs and joint ventures involving MBEs C23.45(f)_7: 1. The City will ensure that any benefits resulting from the goal- oriented MBE program accrue only to firms owned and controlled by minorities or women within the meaning of 49 CFR Part 23, § 23.5. 2. The City agrees to certify MBEs in accordance with the require- ments of 49 CFR Part 23, Schedule(s) A & B upon receipt of noti- fication by it that the Office of Management and Budget (OMB) has approved the format under the provisions of OMB Circular A-40. The City may accept certifications previously accepted by other DOT operating elements. -3- 3. The City will ensure that the certification systems are at least as effective as procedures prescribed in 49 CFR Part 23, § 23.51. 4. The City will when possible replace a MBE subcontractor that is unable to perform successfully with another MBE. The City will approve all substitutions of MBE subcontractors before bid open- ing and during contract performance, to ensure the substitution of bona fide MBEs. D. Percentage goals for the dollar value of work to be awarded to MBEs § Z3.4bg)j: 1. Each fiscal year, the City will review its various Programs so as to identify those proposed contracts having potential for MBE participation and set an overall goal for MBE participation within the generated activities to be carried out and goods to be purchased. The overall MBE goal shall include a separate goal for firms owned and controlled by minorities, and a goal for firms owned and controlled by women. The City's overall goal for minority- owned and women-owned firms for FY 1981 is 14%. These percentages are based upon the total dollar value of contracts with, and goods purchased from, the private sector. 2. Contract goals will be negotiated where MBE subcontracting oppor- tunities have been identified. The goals) will be expressed as a percent of the total dollar amount of the contract. The City will meet or exceed the goal(s) or be prepared to demonstrate that best efforts were expended so as to accomplish the MBE obligation. -4- 3. The overall goal will be based on a review of the availability of MBEs located within at least the usual market area for con- tractors and vendors. The overall goal will reflect the results that reasonably could be expected as a consequence of aggressive efforts to implement the MBE program. 4. The OMB Circular A-95 Clearinghouse review shall suffice as the goal-related 45-day comment period required by § 23.45(9). E. Procedures to re uire that artici atin MBEs are identified b name by competitors for contracts. 3.45 h i The City will require prime contractors to submit the names of any MBE subcontractor(s), their respective scope of work, and the dollar value of the proposed MBE subcontract(s) within a reasonable time within the circumstances of each solicitation after bid opening(s) and prior to the actual contract award. V. Selection criteria to ensure that prime contracts are awarded to competitors that meet MBE goals L§ 3.45 i J A. The City contracting activities incorporate procedures whereby bids will be reviewed to determine whether the lowest bidder meeting the MBE contract goal is within the zone of competition as to price for the contract. B. If the City determines that this competitor has offered a reasonable price, the firm shall be awarded the contract. If the bidder's price is not reasonable, the competitor with the next highest per- centaqe of MBE participation shall be considered and so on, in order of their percentage of MBE participation until one with a reasonable I price is selected. In the event no bidder with MBE participation has offered a reasonable price, then the City may elect to award the contract to any bidder or offeror that demonstrated a reason- able effort to meet the MBE contract goal. i C. The City will consider steps, including but not limited to the following, as to determining whether reasonable efforts were made to meet MBE contract goals: 1. Attendance at a pre-bid meeting, if any, scheduled by the re- cipient to inform MBEs of subcontracting opportunities under solicitation; 2. Advertisement in general circulation media, trade association publications, and minority-focus media for at least 20 days before bids or proposals are due. If 20 days are not available, i publication for a shorter reasonable time is acceptable. 3. Written notification to MBEs that their interest in the contract is solicited; 4. Efforts made to select portions of the work proposed to be per- formed by MBEs in order to increase the likelihood of achieving the stated goal; 5. Efforts to negotiate with MBEs for specific bids for subcontracts including at a minimum: a. The names, addresses, and telephone numbers of MBEs that were contacted; b. A description of the information provided to MBEs regarding the plans and specifications for portions of the work to be performed; and -6- c. A statement of why additional aqreements with MBEs were not reached; 6. Concerning each MBE the competitor contacted but rejected as unqualified, the reasons for the competitor's conclusion; and 7. Effort made to assist the MBEs contacted that needed assistance in obtaining bonding or insurance required by the contractor or recipient. D. Bidders, proposers, offerors, that fail to meet the foregoing "reason- able efforts" test, will not be certified as eliqible to be awarded the federally-assisted contract. E. The City will ensure that all obligations under MBE contracts are met, by reviewing the contractor's MBE involvement efforts during the life of the contract. VI. Reporting Procedures A. The City will maintain records on specific contract awards to MBEs in a format and frequency to be prescribed by DOT. B. The minimum MBE data elements to be maintained are as follows: 1. The number of contracts awarded by MBE; l 2. A description of the contract(s) awarded to MBEs; 3. The dollar value of MBE contract awards; 4. The percentage of the dollar value of all contracts awarded to the private sector that were awarded to MBEs; and 5. An appraisal of the extent to which the MBE awards met or ex- ceeded the MBE goal. i i -7- VII. This program is offered in consideration of and for the purpose of ob- taining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the City by the Department of Transportation and is binding on it, other recipients, subgrantees, contractors, subcontractors, transferees, suc- cessors in interest and other participants. Dated City Manager, City of Huntsville Attachments: Department of Transportation Regulations II I i I I I -B- i I i RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05I III CONTENTS OF FILE: Resolution 81-15 Sanitation Rates I RESOLUTION NO. 81-15 A RESOLUTION INCREASING CHARGES FOR CITY REFUSE AND GARBAGE COLLECTION AIJD DISPOSAL SERVICES. WHEREAS, The Huntsville Code of Ordinances provides in Section 9-4 of Chapter 9 entitled "Garbage and Refuse," that there shall be charged, assessed and collected from the owner or occupants of each residential unit within the City, including private residences, apartments, and mobile homes, and from commercial or business houses, such charges for refuse and garbage collection services as may be determined from time to time by the City Council of the City of Huntsville; and WHEREAS, a thorough study has been made of the existing sanitation costs and rates by the Director of Finance and the Director of Public Services and it has been found that the following increases are necessary to generate the required funds needed for the operation; and WHEREAS, it is the City Council's intention that the sanitation services be self—supporting as are the water and sewer operations, and to this accomplishment, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1. The following charges shall be levied for refuse and garbage collection services: A. Residential Collection I Single family residential pickup $ 6.60/month Multi—family residential pickup a. collected without dumpster $ 6.60 per dwelling unit per month b. collected by dumpster $ 5.70 per dwelling unit per month B. Commercial Collection Business minimum $ 8.65/month 2 yard container $ 15.40/month for each scheduled pickup per week 3 yard container $ 19.50/month per pickup per week 4 yard container $ 23.85/month per pickup per week 6 yard container $ 36.85/month per pickup per week 8 yard container $ 45.60/month per pickup per week 30 yard container $175.35/month per pickup per week .,« C. Landfill Fees Basic fee $ 1.00 per loose yard Minimum fee $ 1.00 Pickup truck $ 2.00 Pickup truck with sideboards $ 2.00 + $1.00 per ft. of sideboards Truck or trailer (trash, garbage and brush) $ .50 (length* x height) Truck or trailer (trees, stumps and large limbs) $ 10.00 + $.50 (length x height) Rubber waste, appliances and large furniture $ 10,00 each item Large dead animal (cows, horses, etc.) $ 20.00 each Small dead animal (dogs, cats, etc.) $ 5.00 each Compacting vehicles $ 1.00 x manufacturers' capacity of truck x manufacturers' compaction ratio *in feet D. Elkins Lake Single family residential pickup $ 8.25/month Section 2. These rates shall go into effect on all bills rendered after October 1, 1981. Section 3. This ordinance shall take effect immediately from and after its passage. PASSED UNANIMOUSLY FIRST READING THIS 22nd day of Sept. 198 1 PASSED SECOND READING THIS day of 198 APPROVED THIS 22nd day of Sept. 198 1 , THE CITY OF HUNTSVILLE BY L� William. V. Nash, Mayor i :h�De�Shaw, ity �Se.retary APPROVED AS/<nTO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Res 1 SCHEDULE NO. : 1000-(5 CONTENTS OF FILE: Resolution 81-16 Board of Directors/Central appraisal Office I i STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WALKER X R E S O L U T I O N No. 81-16 A RESOLUTION NOMINATING THE CANDIDATES OF THE BOARD OF DIRECTORS OF THE WALKER COUNTY CENTRAS, APPRAISAL OFFICE AND AMENDING SECTION 6.031 OF THE PROPERTY TAX CODE IN- CREASING THE MEMBERSHIP FOR THE BOARD OF DIRECTORS. WHEREAS, the Property Tax Coded, Section 6.031 provides for the formation of the Board of Directors for the Walker County Central Appraisal District and their appointment by vote of the participating taxing entities in the District; and WHEREAS, Section 6.031 provides that the governing bodies of 3/4 of the taxing units that are entitled to vote on the appointment of members of a district's board of directors may chance the number of members on the board of directors or may change the method of selecting members of the board of direc- tors; and WHEREAS, this provision of this section has been complied with the voting members hereby each resolve by separate re- solutions that The Article be so amended to increase the number of directors from five to seven; and hereby amends Section 6.031 to read as follows: "The appraisal district is governed by a board of seven directors" To be eligible to serve on the board of directors, an individual must be a resident of the district for at least two years; and ' WHEREAS, the governing bodies of 3/4 of the taxing units halve met and have nominated seven candidates for the Board of Directors of the Central Appraisal District. These seven no- minees are: Nominees: John Amick Leon Belinowski M. B. Etheredge Ralph Lawson Joyce Robinson J. S. Robinson Cecil Williams NOW, THEREFORE, BE IT RESOLVED, that Board Members in the Walker County Central Appraisal District be increased to seven members and be it further resolved that the Board of Directors nominees and alternates be submitted to the voting membership of the Central Appraisal District for appointment. APPROVED this the 22nd day of September 1961 C� Presiding Mayor William V. Nash est uth DeShaw, city Secretary J i I .s VOTING ENTITLEMENT Jurisdiction Revenue (1980) Percentage X1000X7= Votes City of H'ville $1,040,490 14.13 .14,130 989 City of Riverside $ 10,955 .15 .00149 10 Huntsville ISD $4,164,762 56.56 .56,557 3959 New Waverly ISD $ 330,085 4.48 .04,482 314 Richards ISD $ 52,215 .71 .00709 50 Walker County $1,765,379 23.97 .23,973 1678 $7,363,886 100% 7000 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 81-16 Hornet Football Team E - RESOLUTION 81-16 IN RECOGNITION OF THE HUNTSVILLE HORNETS FOOTBALL TEAM WHEREAS, the 1931 Huntsville Hornets Football Team has captured yet another District 10-AAAA Championship; and WHEREAS, in so doing, they have remained undefeated in 22 straight games and are recognized as the State's NUMBER ONE ranked team in their classification; and WHEREAS, these accomplishments have come as a result of the tireless efforts, self sacrifice, team:viork and loyalty of the individuals that comprise the team, its coaches, trainers and managers; and WHEREAS, the legend of Hornet Football continues to grow each :;eek with unparalleled support of the student body, cheerleaders, Hornet band, Grenedere Guard and countless thousands of fans throughout the area; and WHEREAS, the. Hornets now enter the State playoffs enroute to a second State Championship by playing a Beaumont team Friday night. NOW, THEREFORE, be it hereby resolved by the City Council of the City of Huntsville, Texas that all citizens should join our students in an all nit effort to urge the Hornets on to victory by attending the pep rallys, flying flags, decorating their homes and businesses and going to til= games throughout the playoff season. APPROVED AMD SIGNED on this the 17th day of November, A. D., 1931. THE CITY OF HUNTSVILLE, TEXAS IN V.� z � 4lilliam V. Na sir, P9ayor v w� •V RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: �2.SS1,lxCiw��2-1 Psi nkrn�n+- �M&C-4-s RESOLUTION NO. rY� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, APPOINTING John 4!. Haenosh AS THE CITY HEALTH OFFICER, AND MAKING VARIOUS PROVISIONS RELATED THERETO. WHEREAS Tex. Rev. Civ. Stat. art. 4424 requires that the city health officer shall be a competent physician, legally qualified to practice medicine in the State of Texas, of reputable professional standing; and WHEREAS Tex. Rev. Civ. Stat. art. 4425 provides that City Council shall elect the city health officer by a majority of the votes of Council; NOW, THEREFORE, Be it resolved by the City Council of the City of Huntsville, Texas, that: Section 1: Dr. John Id. Haenosh is hereby elected and appointed as city health officer of the City of Huntsville, Texas. Section 2: The City Manager is hereby directed to file a copy of this resolution and the oath of office taken and subscribed to by Dr. Haenosh with the Texas Department of Health Resources. Section 3: This resolution shall take effect immediately from and after its passage. PASSED UNANIMOUSLY FIRST READING THIS.2^d day of FEB RUAlS , 1982. PASSED SECOND READING THIS_day of , 1982. APPROVED THIS 2n day of lr d 019R , 1982. THE CITY OF HUNTSVILLE BY r Mayor TTlDeSha.,&Ci�ty/Se.retary L h APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 82-2 Old Main Fire RESOLUTION NO. 82-2 WHEREAS, at 1:15 a.m. on Friday, February 12, 1982, a tragic fire was reported involving the ninety—two year old landmark structure on the Sam Houston University Campus known as OLD MAIN; and WHEREAS, because of the building's prominence overlooking Huntsville and visibility from a large area of Walker County; and WHEREAS, the reverence and affection in which OLD MAIN was held is legendary because of its style, history and proximity to its sister structure, the fabled Austin College Building (the oldest educational structure still in use West of the Mississippi River, Circa 1853) that also became involved in the fire; and WHEREAS, the immediate and totally professional manner of response to the alarm by the members of the Huntsville Volunteer Fire Department and its membership which includes: Joe French, Fire Chief J. C. Loving John Hobbs Lloyd Legler, Asst. Chief Bob Smith Larry Grisham Curtis Loving, Asst. Chief Tom Grisham Charles Smith John Fain James Heath Oscar Bayer Frank Smith Robert Coker Mike Comella Robert Bradberry E. J. Hinson Dale Popp Bobby Stanford David Martinez Eric Thompson Carroll Joe Heaton Ralph Becker John Waldo Paul Alexander Gene Goodrum Forest Harrell Johnny Kibby Jerry Corner Milton Widner Mike English Jon Morris Roy Montgomery H. B. Lawson Darryl Whitman Charles Rogers Mike Roempke Robert Brown Jay Durham Ronald Fain Pee Wee Loving, Member Emeritus as well as the assistance rendered by other Volunteer Fire Departments from neighboring cities which included: New Waverly Madisonville Onalaska Trinity Livingston Cleveland Navasota Scenic Loop Corrigan Indian Springs by sending their equiment and manpower totaling over 100 men to fight the blaze, all of which contributed greatly to the effort; and WHEREAS, all of the firefighters received support in their effort to suppress the conflagration from the Huntsville Police Department, the University Police and the Walker County Sherriff's Department, whose efforts provided a measure of safety, along with countless other individuals who assisted in the effort to salvage the artifacts and provide food and drink throughout the long night; and WHEREAS, without the tireless efforts and professional approach to the worst fire in Huntsville's history, greater loss, possible injuries and further spread would have surely been manifested; and WHEREAS, the Mayor and City Council, the University and City officials and the entire citizenry wishes to concurrently express their appreciation, respect and admiration to all who labored against incalculable odds to prevent the infamous destruction of our beloved structural cornerstone on the day that will be remembered as "Black Friday" in Huntsville. NOW, THEREFORE, be it resolved by the City Council, City of Huntsville, Texas, that: Section 1. Due acknowledgement is hereby made that all within human capability was done by the individuals and their respective fire units to supress the fire, limit its spread and provide for the safety of everyone; and BE IT FURTHER RESOLVED on behalf of those who loved OLD MAIN and Austin College because of their rich history, structural significance, beauty and prominence, that heartfelt thanks be extended to everyone who came to their defense. Section 2. This resolution shall take effect immediately from and after its passage. PASSED UNANIMOUSLY THIS/j�aAay of �E$RU�2 i , 1982. CITY OF HUNTSVILLE BY: W. V. Nash,�r ATTEST: �hDeSh�awCil" APPROVED AS TO FORM: ficott Bounds, City Attorney r- ,p.. �i" t ./� yj,- 3 4�~ FNbYfC' y�• r"2V �,.• t il A 71 »'. �t s j•= s fal'rfA, a RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 82-2 Honors Firemen RESOLUTION NO. 82-2 WHEREAS, at 1:15 a.m. on Friday, February 12, 1982, a tragic fire was reported involving the ninety—two year old landmark structure on the Sam Houston University Campus known as OLD MAIN; and WHEREAS, because of the building's prominence overlooking Huntsville and visibility from a large area of Walker County; and WHEREAS, the reverence and affection in which OLD MAIN was held is legendary because of its style, history and proximity to its sister structure, the fabled Austin College Building (the oldest educational structure still in use West of the Mississippi River, Circa 1853) that also became involved in the fire; and WHEREAS, the immediate and totally professional manner of response to the alarm by the members of the Huntsville Volunteer Fire Department and its membership which includes: Joe French, Fire Chief J. C. Loving John Hobbs Lloyd Legler, Asst. Chief Bob Smith Larry Grisham Curtis Loving, Asst. Chief Tom Grisham Charles Smith John Fain James Heath Oscar Bayer Frank Smith Robert Coker Mike Comella Robert Bradberry E. J. Hinson Dale Popp Bobby Stanford David Martinez Eric Thompson Carroll Joe Heaton Ralph Becker John Waldo Paul Alexander Gene Goodrum Forest Harrell Johnny Kibby Jerry Corner Milton Widner Mike English Jon Morris Roy Montgomery H. B. Lawson Darryl Whitman Charles Rogers Mike Roempke Robert Brown Jay Durham Ronald Fain Pee Wee Loving, Member Emeritus as well as the assistance rendered by other Volunteer Fire Departments from neighboring cities which included: New Waverly Madisonville Onalaska Trinity Livingston Cleveland Navasota Scenic Loop Corrigan Indian Springs by sending their equipment and manpower totaling over 100 men to fight the blaze, all of which contributed greatly to the effort; and WHEREAS, all of the firefighters received support in their effort to suppress the conflagration from the Huntsville Police Department, the University Police and the Walker County Sheriff's Department, whose efforts provided a measure of safety, along with countless other individuals who assisted in the effort to salvage the artifacts and provide food and drink throughout the long night; and WHEREAS, without the tireless efforts and professional approach to the worst fire in Huntsville's history, greater loss, possible injuries and further spread would have surely been manifested; and WHEREAS, the Mayor and City Council, the University and City officials and the entire citizenry wish to concurrently express their appreciation, respect and admiration to all who labored against incalculable odds to prevent the infamous destruction of our beloved structural cornerstone on the day that will be remembered as "Black Friday" in Huntsville. NOW, THEREFORE, be it resolved by the City Council, City of Huntsville, Texas, that: Section 1. Due acknowledgement is hereby made that all within human capability was done by the individuals and their respective fire units to suppress the fire, limit its spread and provide for the safety of everyone; and BE IT FURTHER RESOLVED on behalf of those who loved OLD MAIN and Austin College because of their rich history, structural significance, beauty and prominence, that heartfelt thanks be extended to everyone who came to their defense. Section 2. This resolution shall take effect immediately from and after its passage, // n PASSED UNANIMOUSLY THIS �(,/ day of �P�6/Uo�/YiJ `, 1982. CITY OF HUNTSVILLE BY: W. V. Nash, Mayor ATTEST: zdCi,Ruth DeShaw, �J _ APPROVED AS TO FORM: Scott Bounds, City Attorney Z Y:71 f '`l'�MW S AM— #�f {" dad "Ilk RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 82-3 Amendments to Personnel Policies 03-09-82 RESOLUTION 82-3 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING AND ADOPTING PERSONNEL POLICIES; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS, City Council did establish certain personnel policies by Resolution 80-30; and WHEREAS, City Council now desires to amend said policies in the following particulars; BE IT RESOLVED by the City Council of the City of Huntsville, Texas that: Section 1. The Personnel Policies of the City of Huntsville, Texas are hereby amended by the repeal of Chapter 3, Section 6. Medical Examinations as presently constituted, and by the addition of a new Chapter 3, Section 6 that shall read: Section 6. Medical Examinations A person selected for initial appointment or reinstatement shall undergo a thorough medical examination by the City's physician at City expense. Employment shall be contingent upon successful completion of the medical examination and determination by the City that the person meets the standards of fitness required for the job position involved. With the approval of the City Manager, a Department Director may require that a current employee successfully undergo a medical examination to determine fitness for continued employment, promotion, or other personnel action. Section 2. The said Personnel Rules shall be further amended by the repeal of Chapter 4, Section 1. Probationary Period as presently constituted, and by the addition of a new Chapter 4, Section 1 that shall read: Section 1. Probationary Period Every person initially appointed to or promoted in the City personnel system under a regular appointment below Pay Grade IX shall be required to successfully complete a probationary period of six (6) months. Every person initially appointed to or promoted in the City personnel system under a regular appointment in Pay Grade IX or above shall be required to 1 successfully complete a probationary period of twelve (12) months. Section 3. The said Personnel Rules shall be further amended by the repeal of Chapter 7, Section 3. Overtime and Chapter 7, Section 4. Compensatory Time as presently constituted, and by the addition of new sections 3 and 4 in Chapter 4 that shall read: Section 3. Overtime a. Regular Employees Overtime, when ordered, shall be allocated as evenly as possible among all employees qualified to do the work. Employees will work overtime only at the direction of the supervisor or Department Director. Overtime work shall include only that work performed by an employee that exceeds the normal earned time of a work week. Overtime shall be compensated by pay at one and one—half (1.5) times the employee's regular hourly pay rate. Management shall not require an employee to take time off from his regular work schedule due to his having worked overtime. b. Certain Administrative Employees (See Chart 7.3 attached) Exempt employees (executive, administrative, supervisory, and professional status employees) who are not in open salaried positions shall, at the Department Director's discretion, be compensated for overtime by pay at the employees regular hourly pay rate. See Chart 7.3, Exempt Employees. C. Open Salaried Employees Exempt employees who are in open salaried positions do not receive any compensation for overtime. They are expected to work as many hours as necessary to complete their work. See Chart 7.3, Exempt Employees. Section 4. Compensatory Time a. Regular Employees A regular employee qualified to receive extra pay for overtime may, only with approval of the Department Director, elect to receive compensatory time off in lieu of extra pay. All compensatory time for more than forty hours in one week will be accrued at a rate of time and one—half. Compensatory time cannot be accrued unless the person works more than forty hours in one 2 week. b. Certain Administrative Employees Exempt employees qualified to receive pay for overtime may, only with approval of the Department Director, elect to receive compensatory time off in lieu of pay. All compensatory time for more than forty hours in one week will be accrued at a rate of straight time; compensatory time cannot be accrued unless the person works for more than forty hours in one week. c. Open Salaried Employees Exempt employees who are in open salaried positions may not accrue compensatory time. d. Limitation on Compensatory Time If any employee requests and accrues compensatory time, the employee cannot under any circumstances later receive pay for that accrued time. An employee must use all compensatory time within the fiscal year that it is accrued. An employee forfeits all accrued compensatory time not used before October 1. Use of all compensatory time must be approved in advance by the Department Director. An employee forfeits all accrued compensatory time upon termination by the City or notice of resignation to the City. Section 4. The said Personnel Rules shall be further amended by the repeal of Chapter 7, Section 7. Longevity as presently constituted, and by the addition of a new Chapter 7, Section 7 that shall read: Section 7. Longevity All Police Officers will be paid $4 per month per year of service. All other employees will be paid $4 per month per year of service if at the top of their pay scale. Section 5. The said Personnel Rules shall be further amended by the repeal of Chapter 7, Section B. Social SecuriU as presently constituted, and by the adoption of a new Section 8 that shall read: Section B. Social Security The City does not participate in Social Security and City employees are not covered by Federal Insurance Contribution Act (F.I.C.A.). Full—time employees must participate in a mandatory retirement plan. 3 Section 6. The said Personnel Rules shall be further amended by the repeal of Chapter 8, Section 1. Holidays, subsection d. as presently constituted, and by the adoption of a new Chapter 8, Section 1, subsection d. that shall read: Section 1. Holidays d. A regular employee who works on an official holiday as directed shall be paid for the time worked at his regular hourly pay rate and shall either (1). be compensated by additional pay at one and one—half (1.5) times the employee's regularly hourly pay rate or (2). with permission of the Department Director, accrue a day of holiday leave. An exempt salaried employee who works on an official holiday as directed shall be paid for the time worked at his regular hourly pay rate and shall either (1). be paid additional time at their regular hourly pay rate or (2). with permission of the Department Director, accrue a day of holiday leave. An open salaried exempt employee who works on an official holiday gets nothing. Section 7. The said Personnel Rules shall be further amended by the repeal of Chapter 8, Section 4. Military Leave as presently constituted, and by the addition of a new Chapter 8, Section 4 that shall read: Section 4. Military Leave Military leave with pay of up to 15 days per year shall be granted in accordance with Texas and Federal laws. Military leave without pay shall be granted in accordance with Texas and Federal laws. Employees preparing to take authorized Military leave shall furnish their Department Directors with copies of their military orders or other appropriate certification. (See Texas Revised Civil Statute article 5765). Section 8. The said Personnel Rules shall be further amended by the repeal of Chapter 8, Section 5. Death Leave as presently constituted, and by the addition of a new Chapter 8, Section 5 that shall read: 4 Section 5. Emergency Leave Department Directors, after ascertaining the exact circumstances, may grant a regular employee up to three working days per calendar year of said emergency leave in the event of a death, serious injury, or serious illness within the employee's family. Temporary or part—time employees may be granted unpaid emergency leave in the above circumstances. Section 9. The said Personnel Rules shall be further amended by the repeal of Chapter 11, Section 3. Incapacity as presently constituted, and by the addition of a new Chapter 11, Section 3 that shall read: Section 3. Incapacity An employee may be separated for incapacity for medical reasons when the employee as an individual no longer meets the standards of fitness required for the position. A finding of incapacity shall be made through individual medical determination by competent authority as prescribed by the Personnel Division. Separation for incapacity shall not be considered disciplinary action and shall not operate to deny an employee the use of any accrued illness, injury, disability, or other benefits. The City will continue to pay medical and life insurance permiums for the employee for a period of up to 24 months after the separation for incapacity; provided, however, that the City will discontinue such benefits if the employee is hired by another person or the employee establishes meaningful employment. Section 10. This Resolution shall take effect immediately from and after its passage. PASSED UNANIMOUSLY ON THIS THE 9th day of MARCH, 1982. CITY OF HUNTSVILLE BY: William V. Nash, Mayor ATTEST: uth DeShaw, City Secretary 5 APPROVED ASgTO FORM: gw�v Scott Bounds, City Attorney 6 Chart 7.3 Exempt Employees Salaried Employees Superintendent I (except Fire Department) Supervisor IV Supervisor V Inspector III Librarian Project Coordinator open—Salaried Employees City Attorney City secretary Municipal Court Judge City Manager Director of Planning Director of Internal Services Director of Public Works Director of Community Development City Engineer Director of Public Safety Assistant Police Chief Director of Public Utilities Director of Engineering Design 7 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 82-4 Martin D. Colley/Names Municipal Justice Center RESOLUTION NO. 82-4 WHEREAS, MARTIN D. COLLEY served the City of Huntsville in a professional capacity for over a decade; and WHEREAS during his span of service to the community, he was recognized as a vigorous City Attorney during an era of rapid growth; and WHEREAS he also was the first Judge to grace the Municipal Court bench in the Municipal Justice Center; and WHEREAS, during his dual-tenure he discharged his duties with a style, grace and professionalism that endeared him to the City staff, elected officials and citizens alike; and WHEREAS the City wishes to establish a significant memorial commemorating his unselfish dedication to the legal profession and his service to the community: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that the Courtroom in the Municipal Justice Center shall henceforth be known as the MARTIN D. COLLEY COURTROOM PASSED BY UNANIMOUS CONSENT of the City Council on this the 16th day of March, A.D. 1982. CITY OF HUNTSVILLE, TEXAS By CL--/_h(-- William V. Nash, Mayor ATTEST: D y Ruth DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 82-5 Josh Brown/Names North Sewer Plant • o RESOLUTION NO. 82-5 WHEREAS Albert Joshlin "Josh" Brown served the City of Huntsville for over fifty years as an employee in the Utilities Department; and WHEREAS his lifetime of service to the community spanned eras which encompassed both the City's first public sewage system and the contemporary multi-million gallon treatment systems in use today; and WHEREAS "Josh" shared in the construction of miles of extensions in the City's potable water system, and WHEREAS, during his lifetime, "Josh" also volunteered his services to the Huntsville Fire Department for over forty years and was named the outstanding fireman in 1968; and WHEREAS the City wishes to recognize Mr. Brown's contribution to the growth of the community and his unusually long selfless tenure by dedication of our new modern wastewater treatment facility: NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Huntsville that this facility be hereafter known as the A. J. "JOSH" BROWN WASTEWATER TREATMENT FACILITY PASSED BY UNANIMOUS CONSENT of the City Council on this the 16th day of March, A.U. 1982. CITY OF HUNNTSVILLE, TEXAS By William V. Nash, Mayor ATTEST: C/A !/�_.��J th_UeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 82-6 Parks Board Changes-Allows Sub-Comm.,Etc. 03-30-82 RESOLUTION NO. 82-6 WHEREAS, the City Council of the City of Huntsville, Texas created three parks boards by Resolution No. 79-16; and WHEREAS, the City Council now desires to consolidate said boards; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS that: Section 1: The three separate parks boards for Kate Barr Ross Memorial Park, Thomas Henry Ball Memorial Park, and Emancipation Park are hereby consolidated into one Parks Advisory Board. Section 2: The interim Parks Advisory Board shall consist of twelve members of existing members whose terms extend through December 31, 1982. Effective January 1, 1983, the Board shall consist of eight members appointed by the Mayor with approval of Council. Section 3: After existing members' terms expire, all members shall be appointed for two year terms. Section 4: The Parks Advisory Board shall assist and advise the City Council on the needs and operations of the City's parks and recreational facilities. Section 5: All members of the board shall be residents of the City. Section 6: The board shall meet at called times convenient to the board members. Section 7: The board is authorized to establish its own rules of procedure and to appoint its own subcommittees. Section 8: The Director of Public Works shall serve as ex officio secretary and shall keep minutes of the board, send out all notices of the board and assist the board as necessary. Section 9: This Resolution shall take effect immediately upon its adoption 7bNyy-the City Council. APPROVED THIS 3o day of 1982. THE CITY OF HUNTSVILLE BY William V. Nas�or ATTEST: DeShawCity Se r APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 82-7 Canvasses Election RESOLUTION 82-7 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 3rd DAY OF APRIL, 1982, FOR THE PURPOSE OF ELECTING FOUR COUNCILME14BERS FROM THE RESPECTIVE AT-LARGE POSITIONS ONE, TWO, THREE AND FOUR, AND FOR THE FURTHER PURPOSE OF VOTING ON FIFTEEN PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF HUNTSVILLE, TEXAS; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. WHEREAS, pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on this 6th day of April, 1982, proceeded to canvass the returns of the Regular Municipal Election held in the City on the 3rd day of April, 1982, for the purpose of electing four Councilmembers At-Large and voting on fifteen Charter Amendments; and WHEREAS said Election was held under and pursuant to the provisions of Ordinance No. 82-2 calling said Election; and WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having been duly made and the Election Judges having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at said Election were as follows,to wit: FOR COUNCILMEMBER, AT-LARGE POSITION ONE Joe R. Lawson 293 Larry Corley 899 James P. Weber 443 FOR COUNCILMEMBER, AT-LARGE POSITION TWO Bill Hodges 1294 FOR COUNCILMEMBER, AT-LARGE POSITION THREE James L. Carter 581 Stephen E. Uavis 955 FOR COUNCILMEMBER, AT-LARGE POSITION FOUR Tom kordinak 609 Murray A. Brown 990 CITY CHARTER AMENDMENT ONE: To change City Council voting procedures to allow abstentions. For 894 Against 588 AMENDMENT TWO: To require the Mayor to Vote. For 1084 Against 413 AMENDMENT THREE: To delete the old legal description of municipal boundaries. For 1000 Against 365 AMENDMENT FOUR: To change "Councilmember" to "Councilmember". For 1079 Against 428 AMENDMENT FIVE: To amend Councilmember qualifications regarding property ownership, residency and age. For 1047 Against 398 AMENDMENT SIX: To require presentation of ordinances in writing to City Council before adoption and to require publication of ordinances twice within ten days of passage by Council. For 1352 Against 128 AMENDMENT SEVEN: To allow the Mayor to remove board or commission members only with approval of Council. For 1223 Against 279 AMENDMENT EIGHT: To limit the scope of grievances appealable to City Council. For 799 Against 656 AMENDMENT NINE: To provide for April Election For 1303 Against 117 AMENDMENT TEN: To allow the City Manager to establish certain City Departments. For 790 Against 682 AMENDMENT ELEVEN: To require the City Manager to submit quarterly financial reports. For 1386 Against 113 AMENDMENT TWELVE: To authorize City Council to establish purchasing procedures by ordinance. For 1225 Against 221 AMENDMENT THIRTEEN: To change the City's tax collection procedures as provided by State law. For 1157 Against 264 AMENDMENT FOURTEEN: To eliminate the requirement that all contract documents be filed at the City Library. For 793 Against 640 AMENDMENT FIFTEEN: To provide Charter Review Committee. For 1187 Against 244 AND WHEREAS, the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest have been filed with said Council or instituted in connection with said Election returns; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS that: Section 1. LARRY CORLEY received a majority of the votes cast at said Election for the office of Councilmember from At-Large Position One (1), and accordingly, the said LARRY CORLEY is hereby declared elected to the office of Councilmember from At-Large Position One (1), subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 2. BILL HODGES received a majority of the votes cast at said Election for the office of Councilmember from At-Large Position Two (2), and accordingly, the said BILL HODGES is hereby declared elected to the office of Councilmember from At-Large Position Two (2), subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 3. STEPHEN E. DAVIS received a majority of the votes cast at said Election for the office of Councilmember from At-Large Position Three (3), and accordingly, the said STEPHEN E. DAVIS is hereby declared elected to the office of Councilmember from At-Large Position Three (3), subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4. 14URRAY BROWN received a majority of the votes cast at said Election for the office of Councilmember from At-Large Position Four (4), and accordingly, the said MURRAY BROWN is hereby declared elected to the office of Councilmember from At-Large Position Four (4), subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 5. Charter Amendment Number One was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, 9 4.09 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 4.U9. ABSTENTIONS. Unless a member of Council states either that he is abstaining because he has a potential conflict of interest, or he desires to waive the requirement for reconsideration of an ordinance not passed unanimously, then he shall vote upon every issue upon which a vote is called. A member present who abstains for any other reason shall be recorded as having cast a negative vote. Section 6. Charter Amendment Number Two was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, § 5.06 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 5.06: PRIVILEGE OF VOTE AND VETO. The Mayor, as a member of the Council, shall vote upon all matters considered by the Council, except in those instances where such privilege of vote is specifically denied him by this Charter. The Mayor shall have the power to veto any ordinance or resolution enacted or adopted by the Council, except those ordinances or resolutions which are not subject to the initiative or referendum process under the provisions of this Charter. To be effective, such veto must be accomplished by a veto message setting forth in writing the Mayor s reason for such veto, which such veto and veto message must be filed with the City Secretary within such three day period. The City Secretary shall deliver the Mayor's veto and veto message to the Council at its next regular meeting. Section 7. Charter Amendment Number Three was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, § 1.U1 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 1.01. CORPORATE NAME All the inhabitants of the City of Huntsville, in Walker County, Texas, as the boundaries and limits of said City are now established or as hereafter established in the manner provided by this charter, shall be a body politic, incorporated under and to be known by the name and style of the "City of Huntsville," with such powers, rights and duties as are herein provided. Section 8. Charter Amendment Number Four was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, §§ 4.01, 4.02, 4.03, 4.07, 4.12, 4.12, 4.14, 4.17, 4.18, 4.19, 4.20, 5.02, 6.01, 6.02, 6.05, 6.06, 14.11 and 14.12 of the City Charter of the City of Huntsville, Texas, are amended: To change terms "Councilmember" and "Councilmembers", as they appear in said sections, to "Councilmember" or "Councilmembers". Section 9. Charter Amendment Number Five was approved by a majority of the votes cast in said Election on said Amendment, and accordingly, § 4.02 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 4.02. QUALIFICATIONS. At the time of his election to office and during his tenure of office, each member of the Council shall be a citizen and a qualified voter of the State of Texas and the City of Huntsville and, if he be a Councilmember from a specific Ward, a resident of such Ward. No member of Council shall have resided in the City for less than 12 months next preceding the election and no member shall be less than 21 years old. No member of the Council shall be indebted to the City or be delinquent in the payment to the City of any tax or assessment. No member of the Council shall hold any other office or employment under the City government while he is a member of the Council, nor shall he hold any paid employment under the City government within two years thereafter. A member of the Council ceasing to possess any of the foregoing qualifications shall immediately forfeit his office. Section 10. Charter Amendment Number Six was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, 4§ 4.14, 4.15, and 13.03 of the City Charter of the City of Huntsville, Texas, are amended to read: SECTION 4:14. PROCEuURE TO ENACT LEGISLATION. The Council shall legislate by ordinance, and the enacting clause of every ordinance shall be, "Be it ordained by the City Council of the City of Huntsville". The City Attorney shall. approve as to legality all ordinances adopted by the Council, or shall file with the City Secretary his written legal objections thereto. Evidence of approval of an ordinance by the City Attorney may be made by notation on the ordinance itself or by separate paper or instrument. Each ordinance finally enacted by the Council shall be signed by the Mayor, subject only to his right to veto, and shall be filed with and recorded by the City Secretary. In the event the Mayor fails or refuses to sign an ordinance after the period in which he may veto the same has expired or in the event he fails or refuses to sign an ordinance passed over his veto, such ordinance shall be signed by the Mayor Pro Tem or by two Councilmembers. Every ordinance shall be introduced in written or printed form, and, upon passage, shall take effect at the time indicated therein. Except as otherwise provided in this charter, it shall not be necessary to the validity of any ordinance that it shall be passed at more than one session of the City Council. SECTION 4.15. PUBLICATION OF ORDINANCES. Except as otherwise provided by law or by this Charter, the City Secretary shall give notice of the enactment of every ordinance imposing any penalty, fine, or forfeiture for any violation of any of its provisions, and every other ordinance required by law or by this Charter to be published, by causing the ordinance, or its descriptive caption and penalty, to be published at least twice within ten days after final passage thereof in the official newspaper taken before any officer authorized to administer oaths and filed with the City Secretary shall be conclusive proof of the legal publication and promulgation of such ordinance in all courts. Such ordinances shall take effect ten days after final passage, provided that any penal ordinance passed as an emergency measure shall take effect immediately upon publication. SECTION 13.03. ORDINANCE GRANTING FRANCHISE Every ordinance granting, renewing, extending, or amending a public utility franchise shall be presented in writing at two regular meetings of the Council and shall not be finally acted upon until thirty days after the first presentation thereof. Within five days following each of the two presentations of the ordinance, the full text thereof shall be published one time in the official newspaper of the City, and the expense of such publication shall be borne by the prespective franchise holder. Section 11. Charter Amendment Number Seven was approved by a majority of the votes cast at said Election on said Amendment, and accordingly § 5.07 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 5.07. REMOVAL OF APPOINTED, NON-PAID PERSONS. The Mayor may, with approval of Council, remove from office or position all persons appointed by him to serve on boards, commissions, or committees, or agencies of the City or to serve in any similar non-paid offices or positions of the City. The action of the Mayor and Council shall be final. Section 12. Charter Amendment Number Eight was approved by a majority of the votes cast as said Election on said Amendment, and accordingly §§ 4.12 and 4.13 of the City Charter of the City of Huntsville, Texas, are amended to read: SECTION 4.12. REMOVAL OF OFFICERS APPOINTED BY CITY COUNCIL The Council may by preliminary resolution suspend or remove any appointed, salaried officer or employee of the City that the Mayor or Council under this Charter has the power to appoint. If within ten days of such suspension the officer or employee requests in writing a hearing before Council, a hearing shall be held not less than six nor more than twenty days from such request. After such hearing, Council may adopt a final resolution of removal by an affirmative vote of the majority of Council. The action of Council shall be final. SECTION 4.13. EMPLOYEE GRIEVANCES After proper appeal to the City Manager, all City employees, other than those employees appointed by Mayor or Council, may appeal in writing to Council to hear and resolve grievances of personnel matters as they relate to disciplinary actions resulting in a suspension without pay for five working days or more or resulting in termination. The petition shall be signed by the employee, shall contain his home address, and shall state whether he desires a public or a private hearing. The petition shall be filed with the City Secretary within ten days of the written decision rendered by the City Manager. If the Petition is timely filed, a hearing shall be held not less than six nor more than twenty days from such petition. The City Secretary shall give written notice of the time of such hearing to the suspended employee at the address shown in the petition by certified mail or personal service at least three days prior to the date of such hearing. At the hearing, the Councilmembers and the suspended employee shall be given the right to be heard. Within ten days following such hearing, the Council shall render a decision in writing. The Council may affirm, reverse, set aside or reduce any previous decision as well as reinstate the employee with back pay. The action of the Councilmembers on the question of the removal of such suspension or reinstatement shall be final. Section 13. Charter Amendment Number 9 was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, �3 4.01, 6.01 and 6.08 of the City Charter of the City of Huntsville, Texas, are amended to read: SECTION 4.01. NUMBER, SELECTION AND TERM OF OFFICE. The Council shall be composed of a Mayor and eight Councilmembers. The Mayor, unless sooner removed under the Provisions of this Charter, shall serve for two year terms, from the fifteenth day of April following his election until the fifteenth day of April two years later, or until his successor has been elected and duly qualified. Each Councilmember, unless sooner removed under the provisions of this Charter, shall serve for two year terms, from the fifteenth day of April following his election until the fifteenth day of April two years later, or until his successor has been elected and duly qualified. SECTION 6.01. GENERAL ELECTIONS. Regular City general elections shall be held on the first Saturday in April. All Councilmembers and the Mayor shall be elected for two year terms, provided that the Mayor and Councilmembers from all Wards shall be elected on odd numbered years and all Councilmembers-at-Large shall be elected on even numbered years. In all odd year elections each qualified voter shall vote for not more than one candidate for Mayor and for not more than one candidate for Councilmember from the qualified voter's ward. In all even year elections each qualified voter .shall vote for not more than one candidate for each of the four Council-at-Large positions. Said election shall be ordered by the Mayor, in the event he fails to do so by the Council. The City Secretary shall give notice of such election by causing said notice to be published at least forty days prior to the date of such election in the official newspaper of the City. SECTION 6.08. NOTIFICATION AND QUALIFICATION OF CITY OFFICIALS. It shall be the duty of the City Secretary to notify all persons elected or appointed to office of their election or appointment. All officials newly elected at a City general election may enter upon their duties on the fifteenth day of April next following the date of their election. All other newly elected or appointed officials may enter upon their duties immediately. Any official elected at a City general election must qualify by taking and subscribing his oath of office not later than the 30th day of April following the date of his election; otherwise, the office shall be deemed vacant. All other elected or appointed officials must qualify by taking and subscribing their oath of office within thirty days; otherwise, the office shall be deemed vacant. Section 14. Charter Amendment Number Ten was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, § 8.05, Departmental Organizations, of the City Charter of the City of Huntsville, Texas, is hereby repealed. Section 15. Charter Amendment Number Eleven was approved by a majority of the votes cast at said Election on said Amendment, and accordingly § 11.06 (e) of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 11.06. FISCAL PROCEDURES. (e) Submit to the Council through the Mayor a quarterly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City. A copy of such statements shall be submitted to the Huntsville Public Library. Section 16. Charter Amendment Number Twelve was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, §§ 11.18 and 14.15 of the City Charter of the City of Huntsville, Texas, are amended to read: SECTION 11.18 PURCHASE PROCEDURES. All purchases made and contracts executed by the City shall be pursuant to a requisition from the head of the office, department, or agency appropriation will be charged, and no contract or order shall be binding on the City unless and until the City Manager certifies that there is to the credit of such office, department or agency, a sufficient unencumbered appropriation and allotment balance to pay for the supplies, materials, equipment or contractual services for which the contract or order is to be used. Before the City makes any purchase or contract for supplies, materials, equipment or contractual services, opportunity shall be given for competition. The Council may by ordinance confer upon the City Manager general authority to contract for expenditures without further approval of the Council for all budgeted items. Section 17. Charter Amendment Number Thirteen was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, §§ 12.01 and 12.02 of the City Charter of the City of Huntsville, Texas are amended to read: SECTION 12.01. POWER OF TAXATION. The City shall have the powers to levy, assess, and collect taxes of every character and type not prohibited by the Constitution and Laws of the State of Texas, and for any municipal purpose. Except as otherwise provided by law or by this Charter, the Council shall have the power to provide by ordinance for the assessment and collection of all taxes, and to make such rules, regulations, and mode of procedure to enforce the collection by and payment to the City Tax Assessor and Collector as it may deem expedient, and may provide such penalties for the failure to pay such taxes as it may deem expedient. SECTION 12.02 AD VALOREM TAXES. All property, real, personal, or mixed, situated within the corporate limits of the City on January 1st of each year, not expressly exempt by law, shall be subject to taxation by the City for such year. Section 18. Charter Amendment Number Fourteen was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, § 14.15 of the City Charter of the City of Huntsville, Texas is amended to read: SECTION 14.15. LIMITATIONS ON CONTRACTS. The Council may award contracts only at regular meetings of the Council except in the event of grave public emergency or calamity. It is further provided that from the date of any City general election until the members of the Council elected at such election have duly qualified and taken office, the Council shall not create, make, or enter into any contract for the purchase of materials, supplies, land, or buildings, or for the construction or repair of any public building or the carrying on of any public work, or professional services requiring or authorizing any expenditure in excess of One Thousand Dollars which creates or imposes on the City any obligation or liability of any nature or character whatsoever, except in the event of grave public emergency or calamity. It is specifically provided, however, that this provision shall not apply to contracts lawfully authorized prior to any City general election or to contracts which may hereafter be lawfully authorized by a vote of the qualified voters of the City, or to contracts made for the purpose of continuing the normal functions of any regularly established department of the City. Any and all contracts hereafter made by the City in violation of the terms of this provision shall be void and shall not be enforceable in any court of this State and the performance of same and the payment of any money thereunder may be enjoined by any property tax paying citizen of the City. Section 19. Charter Amendment Number Fifteen was approved by a majority of the votes cast at said Election on said Amendment, and accordingly, § 14.25 is amended to read: SECTION 14.25. (a) Amendments to this Charter shall be framed and submitted to the voters of the City in the manner provided by Chapter 13 of Title 28 of the Revised Civil Statutes of Texas, 1925, as heretofore or hereafter amended. (b) Every five years the Mayor, with approval of Council, shall appoint at least three persons to a Charter Review Committee. The Committee shall report to City Council amendments, if any, to the City Charter that it recommends for submission to City at a municipal election. Section 20. That the City Council of the City of Huntsville further finds that the notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling said Election, and that said Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of said Election, and in all things according to the law. Section 21. The City Secretary is hereby directed to file a copy of the amendments to the City Charter of the City of Huntsville, Texas with the Secretary of the State of Texas. Section 22. This resolution shall take effect immediately from and after passage. APPROVED THIS day of (z!n/,tib 1982. THE CITY OF HUUNTSVILLE BY (�(�---� William V. Nash, Mayor A uth De �.,, Cty Secretary APPROVED AS TO FORM: S4%( 1?444,-� Scott B un s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 82-8 Grievance Hearings 04-13-82 RESOLUTION NO. 82-S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL POLICIES OF THE CITY TO PROVIDE FOR PERSONAL SERVICE OF NOTICE OF GRIEVANCE HEARINGS; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS, the City Council did establish certain personnel policies by Resolution 80-30; and WHEREAS, on April 5, 1982, the citizens of the City voted to amend the City Charter to alter the grievance procedure for employees; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, that: Section 1. Chapter 13, Grievance Procedures, of the Personnel Policies of the City of Huntsville is hereby amended by its repeal of § 13.4 (4) as presently constituted, and by the adoption of a new 9 13.4 (4) that shall read as follows: Chapter 13. Grievance Procedures . . . Section 4. Appeal to City Council . . . .4 Notice of the hearing date will be given to the employee either by personal service or by certified mail, return receipt requested, through the City Secretary at least five (5) days prior to the hearing date. Section Z. The City Manager is further directed to delete all crossreferences to Ordinance 79-3 found in said policies. Section 3. This Resolution shall take effect immediately from and after passage. APPROVED on this the 13th day of April, 1982 THE CITY OF HUNTSVILLE, TEXAS ATT BY: William V. flash, Mayor Rutff DeShaw, City Secretary APPROVED AS TO FORM: RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 82-9 Endorsement of Wastewater Pretreatment Prog. 04-20-82 RESOLUTION NO. 82-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ENDORSING AND SUPPORTING THE CITY'S WASTEWATER PRETREATMENT PROGRAM; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS, the City of Huntsville has developed, pursuant to the Federal Water Pollution Control Act, a wastewater pretreatment program including request for program approval to E.P.A., a description of legal authority, an industrial waste ordinance, an outline of the City's organizational structure and funding, industrial user surveys, effluent testing results, monitoring program and equipment, and specific limitations on wastewater discharge; and WHEREAS, City Council held a public hearing on said wastewater pretreatment program on December 15, 1981; and WHEREAS, City Council has implemented or fully supports and endorses all the program elements; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1: The City's wastewater pretreatment program is fully supported and endorsed by City Council, and the City has implemented or is in the process of implementing all the program elements contained therein. Section 2: This resolution shall take effect immediately from and after its passage by theOCity Council. Approved this fL day of ` 1982. CITY OF HUNTTSVILLE By ��7 William V. Nash, Mayor ATTEST: i h De S hs , City iSeary RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 82-10 Title: AUTHORIZES LAWSUIT-MRS.JEAN ARCHIE Date: 04-20-82 3tion. City Attorney Scott Bounds noted the inclusion of item "(23) Swine (Suidae)" could be deleted from this -dinance as it is already covered in another section of the Code of Ordinances. This deletion was accepted by )uncilmembers Brown and Dowling. All were in favor of the ordinance and it passed unanimously. RESOLUTION i sstewater Pretreatment Program--Resolution No. 82-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ENDORSING AND SUPPORTING THE CITY'S WASTEWATER PRETREATMENT PROGRAM: AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. Councilmember Corley made the motion to adopt Resolution No. 82-9 and Councilmember Monday seconded the otion. All were in favor and the motion passed unanimously. aw Suit--Against Mrs. Jean Archie--Vehicle Collision--Resolution No. 82-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILE, TEXAS, AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO MAKE A FINAL DEMAND FOR PAYMENT AND TO FILE SUIT TO COLLECT FOR DAMAGES TO A CITY VEHICLE; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. ouncilmember King made the motion to adopt Resolution 82-10 and Councilmember Brown seconded the motion. All ,ere in favor and it passed unanimously. PENDING ITEMS onsider Quarterly Financial Report The Council reviewed the quarterly financial report for the period ending March 31, 1982. No formal action as taken. onsider the Quarterly Tax Report Councilmember King made the motion to approve the Quarterly Tax Report (February and March, 1982) and ouncilmember Brown seconded the motion. All were in favor and the motion passed unanimously. onsider the Mid-Year Budget Adjustments Councilmember Monday made the motion to approve the mid-year budget adjustments as presented by Ms. Patricia llen, Director of Finance, dated April 15, 1982 and Councilmember Corley seconded the motion. All were in favor nd the motion passed unanimously. odate--Projected Water Revenues -- Various Contingency Fund Balances The Council reviewed the water and sewer revenues generated at mid-year for the last several years, noting hat revenues will be slightly in excess of the budget if past trends hold true. The Council also reviewed the .ontingency balances as of April 14, 1982. ADJOURNMENT _Re ctf Jly.submitted, Ruth ' Ruth �eS�iaw;'C-i"Ly secretary April 20, 1982 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 82-11 S. Calhoun Wilson sanitary sewer line easement RESOLUTION NO. 82-11 A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO MAKE AN OFFER FOR AND ON BEHALF OF THE CITY OF HUNTSVILLE FOR TWO THOUSAND SEVEN HUNDRED NINETY THREE DOLLARS TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN INTERESTS IN A TRACT DESCRIBED HEREIN REQUIRED FOR AN UTILITY EASEMENT; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN TEN (10) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Huntsville now finds and determines that public convenience and necessity require that the City of Huntsville acquire the land described in Exhibit "A", attached hereto and made a part hereof for all intents and purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: Section 1: That the City Manager be, and he is hereby authorized and directed to make an offer of Two Thousand Seven Hundred and Ninety Three Dollars for the said tract above described, to S. Calhoun Wilson, Marshall Wilson, and Reed Calhoun Wilson, or other parties in interest believed to be the true owners of said property, or to the actual real and true owners thereof, whether correctly named or not, for the purpose and acquisition by the City of Huntsville of the easement interest in the said tract that is required for an utility easement for a sanitary sewer line. Section 2: Such offer shall provide that if they should not be accepted within ten (10) days after receipt, the City of Huntsville will con- sider such offer refused and will institute condemnation proceedings. Section 3: In the event that such offer is refused, either expressly or by failure of the owners to unconditionally accept the same within the time specified, the City Attorney is hereby authorized to institute condemnation proceedings on behalf of the City of Huntsville under any applicable provisions of the law, whether provided by Title 52 of the Revised Civil Statutes, Chapter 17 of the Title 28 of said Statutes, the Charter of the City of Huntsville, or any other provisions. Section 4: Should such offer be accepted, the money above set forth shall be paid out of any appropriation heretofore made for the public purpose for which the above described tract is required. Should such offer not be accepted, the amount finally awarded to the owner in the condemnation proceedings, plus costs, fees and expenses, shall be paid out of such funds so appropriated. Section 5: This resolution shall take effect from and after its passage. APPROVED this ` day of % A.D. 1982. J THE CITY OF HUNTSVILLE, TEXAS By � William V. Nash, Mayor ATTEST.- ',,=Ruth DeShaw, City Secretary y E X H I B I T "A" An easement five (5) foot either side of a line parallel to a creek that crosses the tract approximately feet long and containing approx- imately square feet. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 82-12 Parks-Cigarette Tax Supports RESOLUTION NO. 82-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, URGING THE TEXAS LEGISLATURE TO BROADEN THE PROGRAM _ SCOPE OF THE TEXAS LOCAL PARKS, RECREATION AND OPEN SPACE FUND AND TO FUND PROGRAM EXPANSION WITH INCREASE IN CIGARETTE TAXES; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS THE TEXAS PARKS AND WILDLIFE DEPARTMENT administers the Texas Local Parks, Recreation and Open Space Fund to provide a matching money pro- gram for park development for cities located in Standard Metropolitan ` Statistical areas; and WHEREAS the present grant program is funded through the assessment of State taxes on cigarettes; and WHEREAS the City of Huntsville, Texas, has its fair share of cigarette smokers; and WHEREAS the problem of providing parks and recreation areas exists in all cities in the State of Texas, whether in urban areas or not; and WHEREAS, a House Interim Committee on Environmental Affairs is currently evaluating the State matching grant program: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that Section 1:, The State of Texas is encouraged and urged to open up the Texas Local Parks, Recreation and Open Space Fund to allow participation by local government entities statewide, regardless of size or geographical location. Section 2: The State of Texas is encouraged and urged to fund program expan- sion through an increase on the assessment of State taxes on cigarettes. Section 3: The City Secretary is hereby directed to send copies of this resolution to the Honorable Kent Caperton and the Honorable Larry Browder, as well as the House Interim Committee on Environmental Affairs chaired by the Honorable Fred Agnish. Section 4: This Resolution shall become effective from and after its passage by City Council. APPROVED this 13th day of April A. D. 1982. fi THE CITY OF HUNTSVILLE, TEXAS By 4lilliam V. Nash, Mayor (:t2hD�eSZhaw,�City'Secretary s x, s OP01111k City ®f Hnntsvi C "TO BUILD AND SERVE ABETTER COMMUNITY" HUNTSVILLE,TEXAS 77340 1212 AVE M.-P.O.BOX 839 April 28, 1982 (713)2956471 The Honorable Fred Agnish Park Central Z, Suite 830 7540 LBJ Freeway Dallas, Texas 75251 Dear Congressman Agnish: I have enclosed a copy of a resolution recently adopted by the City Council of the City of Huntsville, Texas. The City wishes to urge the Texas Legislature to expand the parks match program presently administered with the Texas Local Parks, Recreation and Open Space Fund to include non-metropolitan cities. I believe the City of Huntsville faces the same financial constraints and the same public demand for local parks and recreation areas that most of the metropolitan cities face. I appreciate very much your demonstrated concern in this matter. Sincerely, William V. Nash Mayor WVN:eht Enclosure 4 y� A P F z a LFL F City ®f Huntsvi e "TO BUILD AND SERVE ABETTER COMMUNITY" HUNTSVILLE,TEXAS 77340 1212 AVE M.-P.O.BOX 839 (713)295-6471 April 28, 1982 The Honorable Kent Caperton Texas State Senate P. 0. Box 12068 Austin, Texas 78711 Dear Senator Caperton: I have enclosed a copy of a resolution recently adopted by the City Council of the City of Huntsville, Texas. The City wishes to urge the Texas Legislature to expand the parks match program presently administered with the Texas Local Parks, Recreation and Open Space Fund to include non-metropolitan cities. I believe the City of Huntsville faces the same financial constraints and the same public demand for local parks and recreation areas that most of the metropolitan cities face. I appreciate very much your demonstrated concern in this matter. Sincerely, William V. Nash Mayor WVN:eht Enclosure So opik, City ®f Huntsvi e "TO BUILD AND SERVE ABETTER COMMUNITY" HUNTSVILLE,TEXAS 77340 1212 AVE M.-P.O.BOX 839 April 28, 1982 (713)295-6471 The Honorable Larry Browder House of Representatives P. 0. Box 2910 Austin, Texas 78769 Dear Representative Browder: I have enclosed a copy of a resolution recently adopted by the City Council of the City of Huntsville, Texas. The City wishes to urge the Texas Legislature to expand the parks match program presently administered with the Texas Local Parks, Recreation and Open Space Fund to include non-metropolitan cities. I believe the City of Huntsville faces the same financial constraints and the same public demand for local parks and recreation areas that most of the metropolitan cities face. I appreciate very much your demonstrated concern in this matter. Sincerely, William V. Nash Mayor WVN:eht Enclosure RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 82-13 Amend Police Promotional Procedures Policy 05-18-82 RESOLUTION 140. 82-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ITS PERSONNEL RULES: MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS on December 2, 1980, City Council adopted a comprehensive personnel manual of rules, policies and programs affecting City employees, and WHEREAS on March 17, 1981, Council amended said :rules by adopting promotional policies for the Police Department; WHEREAS, City Council desires to amend those rules, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The "Huntsville Police Department Promotional Policies" as presently constituted are hereby amended to read as follows: HUN_T_SVILLE POLICE DEPARTMENT PRO140TIONAL POLICIES Section I — Purpose 1.01. The purpose of this procedure is to implement a fair promotional procedure for the Huntsville Police Division. Section II — Procedure for Promotion to Police Lieutenant 2.01. Minimum Requirements: Two years Texas law enforcement experience. 2.02. Written Examination: A written examination will be administered consisting of not less than 100 questions. The date, time and location of the examination will be posted at least two (2) weeks prior to the test date. Each candidate will be given identical questions on the test. Study material will be posted on the bulletin board of the Police Department and may not be changed 30 days prior to the test. Candidates must correctly answer at least 70% of the questions to be referred to the Oral Interview Board. No numerical score will be indicated, and candidates will only be declared to have passed or to have failed. 2.03. Oral Interview: Within a reasonable time after the written examination, candidates who passed the exam will be interviewed by a panel of five, appointed for a two—yea- period, which will consist of the Director of Public Safety, one supervisor and three persons appointed by the Mayor and confirmed by the City Council. Each member of the panel will rate the candidate on a scale from 0 to 100. The top and bottom score will be discarded and the remaining three averaged. If the average exceeds 70 points, the candidate will be declared as passed, without indication of a numerical grade. 2.04. Eligibility Pool: Candidates having passed the written exam and the oral interview will be placed, in alphabetical order, in an eligibility pool. That pool will be referred to the Director of Public Safety and appointments made from the pool. Section III — Procedure for Promotion to Police Captain 3.01. Minimum Qualifications: Must currently be employed at the rank of Lieutenant with the Huntsville Police Department; or have three years of Supervisory experience and an advanced certificate from the Texas Commission on Law Enforcement Officers Standards and Education. 3.02. Examination Process: The examination process shall consist of a written test and an Assessment Center, approved by the City Manager. A. Written Test 1. The Test Administrator shall initiate the following steps for the written exam: a. Assign each applicant a confidential control number. b. Administer the written exam to each applicant using the confidential control number. 2. The written test for the position of Police Captain shall consist of multiple choice and true—false questions constructed to test general knowledge of information appropriate for successful performance at the management level in the Huntsville Police Department. B. Assessment Center 1. The Assessment Center shall be approved by the City Manager and shall be conducted by an Assessment Center Board appointed by the City Manager. The Board will consist of three members. 2. The Board shall initiate the following steps for the Assessment Center; a. Constructing controlled exercises, b. Notifying applicants of the Center agenda, 3. The Assessment Center shall consist of: a. Pre—established controlled exercises with specific dimensions and instructions allowing assessors to evaluate applicant's responses. b. Final ranking shall be calculated by averaging the scores assigned by each assessor for each individual applicant. 3.03. RANKING PROCESS: A. The Board will determine the final cumulative scores of participants by the following formula: 1. Performance in Assessment Center — 70 points 2. Performance on written test — 30 points 3. Education and experience bonus points — Variable to maximum 10 points a. Education and experience bonus points will be awarded in accordance with the following schedule: (1) Education 30 college semester hours — 1 point 60 college semester hours — 2 points 90 college semester hours — 3 points 120 college semester hours — 4 points Baccalaureate Degree — 5 points (2) Experience as a sworn Police Officer One year — .5 points Two years — 1,0 points Three years — 1,5 points Four years — 2.0 points Five years — 2.5 points Six years — 3.0 points Seven years — 3.5 points Eight years — 4,0 points Nine years — 4,5 points Ten years or more — 5.0 points 3.04, FINAL SELECTION: The Chief of Police will make the final selection from the top three candidates after consultation with the Test Administrator and Assessment Center Board members. Section 2, This Resolution shall take effect immediately upon passage. PASSED A14D APPROVED BY THE CITYOUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, on this the /,fyday of A.D., 1982. --� THE CITY OF HUNTSVILLE, TEXAS By � William V. Nash, Mayor ATTEST, h eshaw, City—secretary APPROVED AT TOO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 82-14 Title: SUSPENDS GSU RATES FOR 120 DAYS FROM JULY I Date: 06-15-82 "Life Line" Rate Structure by Gulf States Utilities and the Public UtilitCommission for Citizens that are Elderly or are on Fixed Incomes as requested by Councilmember P1onday for adoption RESOLUTION NO. 82-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ENCOURAGING THE USE OF MORE INNOVATIVE RATE STRUCTURES FOR ELECTRIC SERVICE USERS, AND MAKING OTHER FINDINGS RELATED THERETO. Councilmember Monday made the motion to adopt this Resolution and Councilmember Corley seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCE NO. 82-16 Mayor Nash then presented this ordinance, the caption of which is as follows: Abatement and Removal of Junked Vehicles ORDINANCE NO. 82-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 12, MOTOR VEHICLES AND TRAFFIC, BY THE ADOPTION OF A NEW ARTICLE X, ABATEMENT AND REMOVAL OF JUNKED VEHICLES; DEFINING JUNKED VEHICLES; AUTHORIZING THE POLICE CHIEF TO REMOVE JUNKED VEHICLES; PROVIDING FOR NOTICE AND APPEALS PROCEDURES; PROVIDING A PENALTY OF UP TO $200.00 A DAY FOR CERTAIN VIOLATIONS; PROVIDING FOR THE REPEAL OF CERTAIN EXISTING ORDINANCES; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. After a brief explanation by the City Attorney, Mayor Nash recommended an amendment to Section 12-102, paragraph (e) to change ". . . the removal may be accomplished by the Police Chief, any City employee, or other fully authorized person " to . . the removal may be accomplished by the Police Chief, the Municipal Judge or someone authorized by them." Councilmember Monday made the motion to approve Ordinance No. 82-16 as amended and Councilmember Corley seconded the motion. Councilmember Monday then asked for an amendment to Article X, Section 12-103, paragraph (b) to add the word "state" before the words "licensed vehicle dealer or a junkyard." The City Attorney, Scott Bounds, accepted this addition. Councilmember Corley accepted Councilmember Monday's amendment. Councilmember Monday asked that the public be informed of this ordinance (radio and newspaper) and that the City intends to enforce it. All were in favor of the motion and it passed unanimously. UTILITY EXTENSION REQUEST Consider a Utility Extension Request by Lisa Kuntz and Gerald Etheredge as recommended by Staff with the City's Participative Share of the Costs totalling S3,135 to be funded from the Utility Extension Fund Councilmember King made the motion to approve this utility extension request and to fund the City's total of 53,135 from the Utility Extension Fund and Councilmember Monday seconded the motion. All were in RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 82-16 Sesquicentennial Committee RESOLUTION NO. 82-16 A RESOLUTION ADOPTING THE OFFICIAL MASTER PLAN SUBMITTED BY THE HUNTSVILLE SESQUICENTENNIAL COMMITTEE FOR THE COMMEMORATION OF THE 150TH ANNIVERSARY OF THE STATE OF TEXAS WHEREAS, the year of 1986 marks the Sesquicentennial Anniversary of the State of Texas; and WHEREAS, a Huntsville Sesquicentennial Committee has been formed to prepare for this event; and 14HEP.EAS, a Master Plan has been duly developed and drafted by the Huntsville Sesquicentennial Committee for the observance of this anniversary; and WHEREAS, the City Council of the City of Huntsville, Texas, supports the objectives, projects and goals of the Committee as detailed in the Master Plan: NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Huntsville, Texas, that the Huntsville Sesquicentennial Committee is officially approved and that the 1986 Sesquicentennial Master Plan is adopted in order that the event may be appropriately commemorated in the City of Huntsville, Texas; and BE IT FURTHER RESOLVED, that the City of Huntsville diligently assist the officers and members of the Sesquicentennial Committee to implement the Master Plan and the objectives outlined therein. PASSED AND APPROVED on this the 2nd day of November, A. D., 1982. THE CITY OF HUNTSVILLE, TEXAS William V. Nash, Mayor `S RESOLUTION CONFIRMING AND ACCEPTING APPOINTMENTS TO THE SESQUICENTENNIAL AND MAINSTREET COORDINATING COMMITTEES FOR THE 1986 SESQUICENTENNIAL CELEBRATION WHEREAS, the City of Huntsville encourages the active participation in activities to promote and celebrate the Texas 1986 Sesquicentennial; and WHEREAS, the City of Huntsville and the Huntsville Walker County Chamber of Commerce have joined in an effort to plan community events; and WHEREAS, by way of this resolution, the City of Huntsville hereby approves and appoints members of the community to coordinating committees charged with planning and organizing these community activities; NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Huntsville City Council, that the following members are hereby appointed: Sesquicentennial Steering Committee Jane Monday, Chairman Ex-officio: Ralph Davis D'Anne Crews Bill Nash W. S. Gibbs Bill Hammock Ann Froelich Elliott Bowers Tim Franer Jim Estelle Karl Mahaffey Mac Woodward, Sr. Goree McGlothen Mainstreet Mark Frances Park, Co-chairman Bill Hammock Ex-officio: Rick Smith, Co-chairman Ron Mitchell Gene Pipes T. W. Keeland Morris Waller Roy Williams Don Dean Jane Monday Linda Pease Tommy Rogers Sonny Ernst Gary Collins Betty Tackett Ed Sandhop James Patton John Henry Charles Smither Bob Smith Dan Slater PASSED AND APPROVED on this the 23rd day of February, A. D., 1982. THE CITY OF HUNTSVILLE, TEXAS William V. Nash, Mayor (th��y Secretary t� . uth DeShaw, City Secretary i5 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 82-17 Amendments to Personnel Policies 11-16-82 RESOLUTIONI MO. 82-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL POLICIES OF THE CITY OF HUNTSVILLE; ALTERING LONGEVITY PAY FOR CLASSIFIED EMPLOYEES; PROVIDING FOR BENEFIT ACCRUAL WHEN EMPLOYEES ARE INJURED ON THE JOB; PROVIDING MEDICAL BENEFITS TO CERTAIN RETIRED EMPLOYEES; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the repeal of Chapter 7, Section 7, Longevity, as presently constituted, and by the addition of a new Chapter 7, Section 7 that shall read: Section 7. Longevity All classified employees will be paid $4.00 per month per year of service. Section 2: The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the repeal of Chapter 8, Section 10, subsection h, as presently constituted, and by the addition of a new Chapter 8, Section 10, subsection h that shall read: Section 10. Injury on the job . . . . (h) Employees on Workers Compensation will accrue benefits, (sick leave, vacation, and holidays), during the period in which the salary is supplemented. At the end of this period, an employee may use accrued benefits, if they so desire, to receive full salary. Once benefits are exhausted, the employee will not accrue benefits. Section 3: The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the repeal of Chapter 11, Section 4, Retirement, as presently constituted, and by the addition of a new Chapter 11, Section 4 that shall read: Section 4. Retirement Eligible employees may be separated by retirement in accordance with applicable programs. Permanent employees shall be retired from employment on the last day of the calendar year in which their seventieth (70) birthday occurs. An employee's retirement may be deferred by his or her consent and with the approval of the City Manager and the City Council provided the employee is able to pass an appropriate physical examination. Retirement deferments shall be granted on a year to year basis. A retired employee may retire with the same medical insurance benefits as a regular employee based on years of service and age according to the following schedule: Years of Service Age 10 65 20 60 25 55 30 50 Section 4: This resolution shall take effect immediately upon its passage by City Council. Q PASSED UNNNIMOUSLY FIRST READING THIS day ofo_Af Llem 1982• PASSED SECOND READING THIS day of 1982. APPROVED THIS/,/,711 day of AID vemGer- 1982• THE CITY OF HUNTSVILLE ATTEST: Larry Corley, Nayor Pr tem �D.Sha �ilya y�ecretary APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 82-18 David Hardy RESOLUTION NO. 82-18 WHEREAS, it is a rare and pleasurable occasion when the City has cause to recognize the accomplishments of a favorite son; and WHEREAS, such recognition is appropriate when a citizen of our community distinguishes himself among his peers and therefore brings honors to himself, his family and his hometown; and WHEREAS, Mr.- David Hardy has earned many such honors over the years culminating in a very special award this year that is quite unique; and WHEREAS the City of Huntsville wishes to recognize the many years of hard work and dedication that was necessary to receive the honors which are inspirational to all citizens and especially the youth of our community; and WHEREAS, Mr. Hardy has been named to the All Southwest Conference Football Team for 1982 and upon completion of his collegiate career holds the following records: - Leading scorer at Texas A & M University in two of the four years he competed for the Aggies . . . . - Second in all time scoring at T.A.M.U. . . . - Tenth in all time scoring leaders in the Southwest Conference . . . . - Four Independence Bowl Records . . . . - Co-holder of the T.A.M.U. record for three or more field goals in three games during one season . . . . - Chevrolet honorary scholarship recipient for his outstanding play in televised games . . . . as well as many schoolboy honors earned as a member of the Huntsville Hornets Football Team and as an individual in the Youth Punt, Pass and Kick competitions in which he was truly the Genesis of the kicking tradition for which Huntsville has become famous. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville that DAVID HARDY be recognized as the outstanding citizen that he exemplifies and that he be duly honored for his positive contribution to the community's reputation as a result of these recorded achievements and the recognition he has received. Duly made and passed this the 14th day of December, 1982. I Wi lam . Nash, Mayor ATTEST: uWle aw, C,ty Secr i etary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Comprehensive Plan March 1983 t 1. 1 ��a�� y``� � �� 5d+may \� ' \ / � r COMPREHENSIVE PLAN e CITY OF HUNTSVIL LE, TEXAS '' MARCH 1983 CITY COUNCIL William V. Nash, Mayor Delora R. King t Larry Corley Goree McGlothen Murray A. Brown Jane Monday Jerry L. Dowling Stephen Davis William Hodges PLANNING COMMISSION A. D. Wharton, Chairman Mary Frances Park William (Bill) Green Max Schlotter Earnest Grover, Jr. Robert M. Tavenner Bill Knotts CITY STAFF Gene Pipes, City Manager Dale Brown, Director of Planning Kathy E. James, Planner Jeffery C. Yeaman, Graphics ' ACKNOWLEUGEMENTS CITIZEN ADVISORY COMMITTEES DATA BASE LAND USE William (Bill) Green Bruce Graving Vernon Sweeney Robert M. Tavenner Gary Randazzo Jerry Baker Roy Williams Ed Davis TkANSPUk1ATION PUBLIC UTILITIES Max Schlotter Bill Knotts Clyde "Bo" Hall Curtis Morris Richard Hartley Frank Robinson Grady Manis ' Frank Leathers CENTRAL BUSINESS DISTRICT HOUSING Mary Frances Park Earnest Grover, Jr. Jerry Nemec Hugh Barnett Paul Mitchell Linda Schulz James Patton assisted by the following City Staff Members: Glenn Isbell, Director of Engineering Design David Farrar, Director of Public Safety Johnny Poteete, Director of Public Works David Smith, City Engineer Robert Smith, Director of Community Development ' Boyd Wilder, Director of Public Utilities e TABLE OF CONTENTS ' CHAPTER CONTENTS I Introduction to the Planning Process 2 Goals for Huntsville 3 Land Use Plan Analysis 4 Transportation 5 Public Utilities 6 Housing 7 Central Business District I INTRODUCTION TO THE PLANNING PROCESS The Comprehensive Plan and Its Purpose Huntsville - its people and their activities, its masses of buildings, pavements and daily function, all combined, represent a complex economic and social organism. Its character, development processes, routine administration and goals concern every individual citizen, for it is the innate desire of every urban dweller to want his community to have all of the advantages, opportunities and improvements that will contribute to the best environment that can practicably be developed. Urban planning is simply a means for systematically attempting and achieving adjustment in the physical environment of the urban community consistent with social and economic trends and sound principles of civic design. Urban planning is a continuing process of organizing, formulating, and presenting a broad, comprehensive, but practical program of urban development and redevelopment - a program designed to fulfill local goals of social, economic and physical well-being, ' considering both the community's immediate needs and those of the foreseeable future. There are three distinct approaches to urban planning: First, any 1 worthwhile planning program must examine the basis or the underlying reason for the community's origin and existence. Second, planning I-1 research seeks out the cultural, political, economic and physical characteristics of the municipality as an independent entity and as a ' component part of a larger region to determine its characteristics, attributes and drawbacks and to establish concepts of physical design that will bring together these elements and characteristics into a sound , and harmonious plan for the development and redevelopment of the urban area as a whole entity. ' The Comprehensive Plan is the product of urban planning and the working ' tool of the municipal government whose activities are of immediate ' concern to the Community. The Plan, as ultimately developed, will reflect economies in the provision of capital improvements, stability of , private investments and should result in increased business opportunities. Social benefits may be attained through development of better cultural opportunities, convenience of living and the amenities ' of home and community life. The comprehensive plan, upon adoption by the City Council, represents ' the official statement by the City of Huntsville. It sets forth the ' Policies of the City regarding decisions about the physical development of the Community. The essential characteristics of the plan are that it is: (a) Comprehensive - in that it encompasses all geographical ' parts of the Community and all functional elements which ' bear on physical development; 1-2 , t (b) • General - in that the plan summarizes policies and proposals and does not indicate specific locations or detailed regulations; (c) Long Range - in that the plan looks beyond the foreground of pressing current issues to the perspective of problems and possibilities 20 to 30 years in the future. It is never intended that the Comprehensive Plan be a medium through ' which Huntsville must be changed and rebuilt overnight. The Plan, with its recommendations, is projected for accomplishments over a period of 1 two or more decades. The Comprehensive Plan with its planning principles, standards and recommended capital improvements, can be carried out over the years in the natural course of urban development. ' Some of the elements of the Plan may be achieved very soon, while others will necessarily be left for accomplishment as future developments ' require and revenues become available. There will unquestionably be changes in the urban structure through technological advancement and ideas, for the future cannot be determined with certainty. The Plan, therefore, cannot be so rigid that it will preclude adjustment to such changes. By anticipating the needs of the Community for public facilities well in advance of physical growth and expansion, costly mistakes in location and capacities of public improvements; duplication of effort; competition of various public agencies for land and funds; conflicts in land usage; and installations of improvements of a relatively temporary nature can be avoided. 1-3 1 The Planning Process The drafting of the Comprehensive Plan for Huntsville is a process involving more than just making plans and proposals. It is the culmination of a lengthy process of research and analysis; appraisal and ' revision; and adoption and implementation. The methodology employed is referred to as the "planning process" and may be interpreted in a number of different ways. The Process , To the professional planner the term implies a whole range of activities ' and procedures essential to the development of a plan. To a City Planning Commissioner, it is a process whose outcome represents the , culmination and synthesis of metropolitan goals and policies into a unified and comprehensive program for community enrichment. And finally, to the general public, the planning process is often regarded , as a set of operations whose result or application has a direct effect or influence on their daily and personal lives. ' The Comprehensive Plan As in the case of the planning process, definitions of the Comprehensive Plan also vary. In a general sense, the Comprehensive Plan is the official document of the City. It provides the frame work for decisions e governing and related to planning goals and issues within the City. It is neither a rigid blueprint for development or a binding piece of 1-4 legislation. On the contrary, the Plan is a "flexibl.e" tool, whose success is determined by the good judgement with which it is used. As interpretations of both the Comprehensive Plan and the planning process vary, the need for further clarification is evident. To better understand each, a description of the Comprehensive Plan's development through the planning process will best serve both purposes. This process, for the purpose of clarity, may be divided into four stages of development: POLICY PLANNING, PLAN PREPARATION, PLAN IMPLEMENTATION and PLAN CONTINUATION. The following overview of the Comprehensive Plan is a description of each of these stages of development, i.e., the planning process as it is applied in Huntsville, Texas. Policy Planning In general, the process begins with the determination of a course of action for the pursuit of community goals and objectives. This phase of development is referred to as "policy planning" and begins with an identification and evaluation of local conditions and problems. Here, data is collected and reviewed to determine future needs. Once determined these needs are then translated into policies representing the official planning goals of the City. As the need for such policies is essential to all levels of government, they are of particular importance to the development of the Comprehensive Plan. Within the framework of the planning process, policy planning is regarded as the icornerstone of effective planning. 1 1-5 As planning is defined as a process of translating policies into working ' plans, it is imperative that sound and rational judgement is used to ' determine when and what policies should be applied. _ t Like most other cities, the City of Huntsville does not have a single ' document containing a set of policy statements. Rather, policies are included as both explicit and implicit statements. They are reflected ' in planning maps and related development standards, City ordinances and the guidelines of local public boards and commissions. ' Citizen Participation To insure the quality of the goals and objectives chosen, efforts are ' made to include local citizens in their evaluation and selection. As , plan proposals and their results have a direct effect on the public, citizen participation in the determination of community goals and objectives is essential to the success and adoption of the Comprehensive ' Plan. Moreover, as the public has become more aware and sensitive to the dynamics of municipal growth, the need for their involvement has become increasingly apparent. As plans are designed to reflect the values and goals of those for whom they are intended, policy planning provides the appropriate mechanism for public participation. , 1-6 Plan Preparation Upon completion of the policy plan, the process moves into its second stage of development. Here previously determined goals and objectives are translated and actualized into a cogent set of plans and proposals. iThis stage of development is entitled "plan preparation" and is divided into two phases: research and analysis and formal plan development. The first phase begins with a detailed inventory of local conditions. Although previous surveys were already conducted for the establishment of goals and objectives, more indepth analysis is required for the drafting of specific plans. The findings from these studies enable the City to make the necessary provisional assessments of future needs and demands. They also provide the foundation for the plan's overall development. ' The research conducted includes studies of the urban economy, employment and population. Analysis is also made of related public facilities and the area's transportation system. This data is used to gauge the amount and rate of development that will likely occur within the next 20 to 3U years. Combined, these studies provide the actual yardsticks for forecasting future community needs. The Plan Once the research and analysis are completed, formal preparation of the Plan may begin. Findings from the previous studies are combined with 1-7 adopted policies to provide the direction ,and scope of the,proposed ' plan. From this point on, attention is focused on bringing Community ' goals into accord with projected community needs. The Plan itself is divided into major components such as Land Use, Transportation, Utilities, Housing and the Central Business District. ' The Land Use element designates the proposed distribution, location and ' extent of uses of land for residential, commercial and industrial areas within the urbanized area. This component is particularly crucial to decisions affecting where and how future growth will occur. The Transportation element correlates present and anticipated land uses with ' the location and extent of traffic on existing and proposed ' thoroughfares and transportation routes. The third component, Utilities, is concerned with present and future uses of the water and sewer systems. Predictions and recommendations for future water and sewer services are considered in this section. The Housing section is ' concerned with the adequacy and availability of housing in the community ' and its provision in the future. An underlying fact of this section is that in order for a community to grow, it must provide adequate housing ' for its population. Finally, the Central Business District section is concerned with the development and redevelopment of the old downtown commercial area to insure its continuance as an important economic and ' social factor in the community. e 1-8 F ® Plan Implementation Following the completion of a working draft, a plan element is then presented in its preliminary form for public and City approval. This phase of the process is referred to as "plan implementation". The importance of this step is that it provides an opportunity for the Planning Commissioners, the Council and the public to openly discuss and debate the merits of the proposed Plan. During this interim period, 1 public hearings and work sessions are held between the City Council, Planning Commisioners and the public. The purpose of these sessions is to resolve and compromise on any specific issues or problems standing in the way of the Plan's adoption. Accordingly, the intent here is not to "sell" the Plan, but rather to improve upon it and increase its responsiveness to community needs and goals. This review also affords an opportunity for interested citizens to express their views and thereby take a more active role in the planning process. Throughout this phase, efforts are made by the City to keep the public informed on the Plan's status. In addition to the distribution of copies of the preliminary plan, the City also provides continuous news releases and special reports to all interested persons. Following discussion and debate, the Plan is brought before the City ® Council for formal adoption. If acceptable the Plan is adopted by resolution. And, even though the Plan is not strictly enforceable, 1-9 there are certain measures, when applied, which will insure its ' implementation. Tools for Implementation ' The four legal tools available to the City to assure the Plan's ' enforcement are: a zoning ordinance, building codes, subdivision ' regulations and the Capital Improvements Program (CIP). Each of these instruments represents a powerful force to encourage or restrict growth to the areas prescribed by the Comprehensive Plan. , The first instrument of enforcement, Zoning, is probably the best known ' tool. The purpose of zoning is to regulate the uses of both public and private land and thereby "promote and protect the public health, safety, ' and welfare" of the community. The zoning ordinance is a city law which , divides land into particular uses or districts. Within these districts, standards and restrictions are established for the use of the land. ' These uses are: residential, commercial, industrial and agricultural. Such an ordinance also provides limitations to property line set backs ' and establishes minimum performance standards, such as the amount of ' noise or smoke that may be emitted from a structure or use. The Building Codes are the second implementative device. The enforcement of these codes provides minimum standards for the 1 construction and maintenance of buildings and houses. Their enforcement ' is essential to the realization of the Comprehensive Plan. As the Building Codes are designed to encourage proper development, they are 1-10 instrumental in guiding future growth. ' Subdivision regulations are the third tool for enforcing the City's Plan. Its function is to establish minimum design standards for the lay-out of streets and the platting of new lots. It also enables the community to require developers and contractors to construct facilities, ' such as sewers, water lines and streets in accordance with community standards. These regulations are extremely important as they control ethe development of bare land. The final tool is the City's Capital Improvements Program (CIP). The CIP is the priority listing of major public expenditures. As this process involves the spending of substantial amounts of public funds, it acts as a major catalyst to the implementation of the Comprehensive Plan. Priorities must be established before determining how or when they are to be financed. Through this control the CIP, as approved by the governing bodies, acts as a powerful force in shaping future development and growth. e Whether or not any or all of these tools for implementing a comprehensive plan are used is dependent on the desires of the community. As a comprehensive plan is unique to each city, so too are the methods of its implementation. Although the above four tools have ® become the standard devices for implementation, their overall importance lies in the development standards which they contain. These development standards are not necessarily exclusive. Huntsville, for instance has chosen to adopt standards for landscaping and building setback of lots 1-11 1 within its building code; other cities have chosen to include these standards in a zoning ordinance. ' Plan Continuation The fourth phase of the process is, in effect, a recycling of the first three phases. During this phase, attention is focused on the day-to-day e issues associated with the maintenance and operation of a continuous planning program. This state of the Plan's development is generally referred to as "plan continuation." As outlined in the preceding, the first three stages of the planning process, when combined, form the basis for guiding and determining the future growth and development of Huntsville. However, if concerted and t continuous efforts are not made to carry out these recommendations and ' proposals, the program will at best remain an unfulfilled promise. To be effective, planning must be "flexible" and "ongoing". Planners need to be sensitive to local issues and values as they arise or change. Once the initial document has been adopted, it becomes the responsibility of the City staff and the Planning Commission to continually review and revise it in order to insure its relevance to current needs and development trends. Since a theoretically sound plan is of little value filed away on some shelf, it is imperative that everyone involved work together to insure the Plan's success. To this end, each element of the Comprehensive Plan includes a recommended ' schedule for future updating of the plan. 1-12 II GOALS FOR HUNTSVILLE INTRODUCTION A City, like a person, is unique; it possesses a spirit, a personality all its own. This spirit is a reflection of the collective attitudes and aspirations of its citizens. The comprehensive plan serves as the tool through which these attitudes and aspirations are formalized into a set of goals and objectives for the City. Goals are broad, general statements reflecting the values of the community and its intention to act. Objectives, on the other hand, are the operational expression of goals. While a goal is essentially unattainable or at least unattainable in the foreseeable future, an objective is a concrete aim or endpoint towards which specific effort is directed. The endpoint of an objective may be distant, however. After all, the value of a comprehensive plan is in its long-range outlook. Objectives are, therefore, attainable but only within the wide perspective and economical feasibility of a comprehensive plan. For convenience, the goals of Huntsville have been separated into four general categories: Environmental Design, Economic Development, Cultural Activities and Public Service. Each category has been numbered along with each goal and objective solely for the purpose of reference; numerical order in no way establishes priorities. 2-1 ENVIRONMENTAL DESIGN GOALS , The Environmental Design Goals of the City of Huntsville relates to the built as well as the natural environment of the community. These goals represent a concerted effort to recognize the positive qualities ' of Huntsville, those qualities that have shaped the City's physical ' appearance and have made it the attractive city it is. These goals are also intended to encourage the expansion of these qualities to further ' enhance the City's living environment. The overall objective of these goals is to provide general policy guidelines for development and ' redevelopment responding to issues related to the "environment," "design," "image," "character," and "form" of Huntsville. Within the context of this document, the term "environment" refers to the natural physical elements of the community and the human , activities that impact them. The application of adequate and proper , land use standards is the most important single instrument of locally administered environmental management. The fundamental premise incorporated into these goals is that development of land should be discouraged in areas with limited ability to absorb such development 1 without inflicting severe environmental degradation and in instances in , which plans for development disregard environmental constraints. The term "design" refers to both a process and a product. An urban design process is based on the assumption that the physical layout of a , city can be planned in advance leading to the development of the , preferred image for a city. This design image would represent a constantly evolving state of change based on the past, present and future desires of both the public and private sectors. 2-2 The term "image" describes the individual's perception of the city and its various parts. General agreement on a number of different aspects of the city by its citizens produces an overall image. The points about which most people agree will become guidelines. "Character" is a quality possessed by a city and its neighborhoods. ' This quality represents distinct elements inherent to specific areas. Character incorporates both the physical and social elements of the environment in these qualities. Finally, the term "form" deals with the physical development of the city. The development of Huntsville's physical form may be divided into three elements: shape, which consists of the compact city plus the surrounding development pattern; size, measured by the height and bulk of physical development; and mixture, the number of physical elements per acre, their arrangement (either heterogeneous or homogeneous) and their relationship to transportation systems. The goals contained in this document should serve as the means for identifying the physical entity known as Huntsville, in terms of the above classifications, which should enable the public and private sectors of the City to determine those qualities that need to be retained, enhanced or addressed in development proposals. e 2-3 ECONOMIC DEVELOPMENT GOALS The Economic Development Goals of Huntsville relate to the issue of ' residential, commercial and industrial development in the community and the role of the City may have in encouraging or expediting any actions ' relative to these issues. Huntsville contains two relatively stable economic elements in its economy, the Texas Department of Corrections (TDC) and Sam Houston State University (SHSU). Additionally, the ' community is experiencing new and/or expanded industrial and commercial facilities which will expand and diversify the local economy. Attracted to Huntsville by the economic features inherent in such an economy are the new citizens of the community. These individuals have resulted in a , forty percent increase in the population for the City in the last decade , and a fifty per cent increase overall in the county. At the same time the per capita income levels have remained below that of much of the , region. Such growth and development places a heavy burden upon the City. , If the City is to be a leader in the economic development of the community, it must address the issues of whether or not the City will , continue to grow in the future, whether this growth should be controlled, will the City continue to grow, and whether or not the City wants to encourage and/or direct its growth? Is it the desire of the , City that its growth be through residential, commercial and industrial expansion or annexation or a combination of all of these elements? , Also, does the City want to encourage growth in certain elements of the economy over the growth of others? Further, how does the City want to ' approach the questions involved in those segments of the economy which , are only indirectly associated with growth such as tourism? Finally, 2-4 how will the City address these issues while maintaining its fiscal t stability. The economic development of Huntsville involves the participation of a broad section of the community, both from the standpoint of determining its direction and of enjoying its benefits. The Economic Development Goals for Huntsville are an expression by the City of what it perceives as its role in the economy of the community. 1 CULTURAL ACTIVITIES GOALS The Cultural Activities Goals relate to those elements that integrate the various patterns of human behavior into the physical structure of the community. These goals are an attempt to recognize and enhance the cultural life of all levels of the population. Generally, the object of these goals are to heighten the public's appreciation and access to the artistic, historical and educational elements within the community. PUBLIC SERVICES GOALS The Public Services Goals for Huntsville relates to the functioning of local government and the provision of municipal services. This section seeks to coordinate governmental services and municipal utility Policies within the framework of a comprehensive planning process. 2-5 Included in this section are goals related to municipal utilities such as water, wastewater collection and solid waste collection along ' with such other proprietary services as streets and thoroughfares, ' public libraries and fire protection. Since the municipal government is charged with the responsibility of providing and/or maintaining these , services, the efficiency in which these services are provided is also included. The Public Service Goals contained in this section are an ' expression by the City of which it perceives as its role toward what ' services are provided by the City, to whom they are to be provided, how they will be provided, when they will be provided and how the provision of such services will be coordinated among the various activities of the City and the other local governmental entities. 2-6 100. ENVIRONMENTAL DESIGN GOALS 100.0 RETAIN AND ENHANCE THOSE DESIRABLE SMALL TOWN CHARACTERISTICS OF THE COMMUNITY WHILE ENCOURAGING COMPATIBLE GROWTH AND DEVELOPMENT. 100.1 support development that reflects a combination of high and low density. 100.2 Promote building forms that relate to the size, shape and character of the surrounding development. 100.3 Minimize conflicts resulting from incompatible land uses and protect the established characteristics and identity of the neighborhoods of the community. 100.4 Encourage public and private landscaping that preserves the natural character of the site and the community. 101.0 PRESERVE THE QUALITY OF THE COMMUNITY'S 1 AIR, WATER AND LAND WHILE ALLOWING AND ENCOURAGING REASONABLE GROWTH. 101.1 Protect the air quality of the community. 101.2 Protect the water quality of area creeks, lakes and aquifiers. 101.3 Provide for drainage and run-off control to reduce flooding, peak flows and erosion. 102.0 PROVIDE RECREATIONAL AREAS AND OPEN SPACES TO MEET THE FUTURE NEEDS OF THE COMMUNITY. 102.1 Establish open spaces/greenbelts in those areas unsuited to development due to topographic or oth, similar conditions. 102.2 Develop criteria for the desiyn and siting of park facilities. 2-7 1 200. ECONOMIC GOALS 201.0 ANPROVIDE VRETAIN CLEAN, MANUFACTURINGILL ATTRACT e INDUSTRIES AND COMMERCIAL ESTABLISHMENTS ' TO DIVERSIFY THE ECONOMY ALONG WITH PROVIDING CAREERS FOR THE HIGH SCHOOL AND COLLEGE GRADUATES OF THE COMMUNITY. 202.0 DISCOURAGE MANUFACTURING GCOMMERCIAL AND IES WHICH RESULT IN THE APOLLUTION ' OF THE ENVIRONMENT. ' 203.0 PROMOTE COUNTY-WIDE ECONOMIC DEVELOPMENT. 204.0 INCREASE THE TAX BASE BY ENCOURAGING ' DEVELOPMENT AND REDEVELOPMENT WITHIN THE CITY LIMITS. 205.0 ENHANCE THE COMMERCIAL VIABILITY OF THE ' DOWNTOWN AREA. 206.0 SUPPORT ACTIONS TO INCREASE THE REAL PER ' CAPITA INCOME OF THE RESIDENTS OF HUNTSVILLE. , 1 2-8 300. CULTURAL ACTIVITIES GOALS 301.0 PROVIDE SUPPORT AND FACILITIES TO INDIVIDUALS AND GROUPS SPONSORING CULTURAL ACTIVITIES WITHIN THE COMMUNITY. 301.1 Provide encouragement to the Community Chorale. 301.2 Broaden the scope and participation of the summer HEAP Programs. 301.3 Encourage more extensive displays of works of art, particularly those by local artists. 301.4 Encourage the continuation and expansion of the programs of Walker County Fair Association. 301.5 Encourage the continuance and expansion of the "Fair on the Square". 301.6 Establish a Civic Pride Award for such activities as business beautification, clean-up/fix-up of areas around the city, landscape beautification along creeks and erection of aboretums. 301.7 Support the Main Street and Sesquicentennial ® Programs. 301.8 Establish a Commission to advise the city on the coordination of programs and projects related to the cultural and aesthetic aspects of the Community. 301.9 Encourage the development of a multi-purpose community center to house convention activities, performing and visual arts activities and leisure activities. 301.10 Encourage the preservation and restoration of the historic buildings of Huntsville. 301.11 Maintain the commitment to high quality library services by improving and strengthening the ' municipal library program. 301.12 Encourage the improvement of existing museums and the establishment of additional facilities where needed. 2-9 1 400. PUBLIC SERVICE GOALS 401.0 PROVIDE PUBLIC SERVICES IN THE MOST ' EFFICIENT AND EQUITABLE MANNER CONSISTENT WITH SOUND FISCAL AND GROWTH MANAGEMENT POLICIES. , 401.1 Complete the water loop system of the city and extend lateral lines off it to handle future ' growth. 401.2 Provide adequate elevated water storaye capacity to ' meet or exceed State Standards. 401.3 Estimate water supply requirements for 50 year needs and plan rights necessary to provide these needs. 401.4 Extend the sewerage system of the City. , 401.5 Be prepared to expand the sewerage collection system of the city to handle the yrowth of the , city. 401.6 Estimate the 50 year sewage treatment needs of the , community and establish a schedule to provide that capacity. 401.7 Review the utility extension policy which , encourages responsible, efficient provision of services in a timely manner. 401.8 Obtain necessary rights-of-way or easements well , before the need in order to reduce acquisition costs. 401.9 Identify sites for sanitary landfill needs for the ' community adequate for a 50 year period and see,< cooperation with other governmental entities. 401.10 Continue to investigate the feasibility of alternatives for the disposal of solid waste. 401.11 Use state-of-the-art disposal techniques for solid waste. 401.12 Provide multiple collection points for litter, particularly in public places. 401.13 Periodically review the feasibility of solid waste collection through private contractors. 401.14 Investigate the feasibility of providing fire protection and ambulance services through intergovernmental cooperation. 2-10 401.15 Develop a multi-year capital improvements program to coordinate the long range provision of municipal public services with the financial capacity of the city. 401.16 Establish a policy regarding the future annexation of land adjacent to the City limits. 402.0 DEVELOP A BALANCED, SAFE AND EFFICIENT TRANSPORTATION SYSTEM FOR HUNTSVILLE. 402.1 Develop a Transportation Plan for Huntsville and its surrounding areas. 402.1.1 Reduce congestion in the downtown area. 402.1.2 Investigate the feasibility of truck routes, one-way streets, no left turns, prohibiting on-street parking and through routes for the city. 402.1.3 Expand the capacity of state highways in the city through cooperation with the State Department of Highways and Public Transportation. t 402.2 Target traffic problem areas in the city and issue building permits in those areas with conditions designed to reduce or eliminate the problems. 402.3 Develop and implement an Airport Master Plan for the short medium and long range periods and update it regularly. 403.0 EXPAND PROGRAMS PROVIDING PUBLIC HOUSING AND HOUSING ASSISTANCE IN THE COMMUNITY. 403.1 Develop a program to upgrade substandard housing. 403.2 Establish a policy for undertaking the enforcement of the various ordinances relative to substandard dwelling units in order to bring them up to City housing standards. 404.0 ENCOURAGE INTER-GOVERNMENTAL COOPERATION ' BETWEEN THE VARIOUS STATE, COUNTY AND LOCAL GOVERNMENTAL ENTITIES IN WALKER COUNTY. 405.0 IMPROVE THE COORDINATION AND COOPERATION BETWEEN THE LAW ENFORCEMENT AGENCIES OF THE COMMUNITY. 405.1 Establish a central dispatch system and written procedures establishing ways of handling situations that involve two or more jurisdictions. 2-11 1 III ' LAND USE ANALYSIS Introduction In order to plan an orderly and attractive community, it is essential to understand the characteristics of existing development patterns, the ' relationship between land uses and how each relates to the social and economic aspects of the community. The framework for future development in Huntsville lies within its present and past land use patterns. The ' intent of this section is to analyze and evaluate the distribution of land uses throughout the Huntsville area. The conclusions, resulting ' from the analysis of the City's land use patterns, will be formed into 1 recommendations for guiding future development. Existing Patterns of Development 1 In general, the City of Huntsville has followed a radial pattern of development, characterized by a gridiron street pattern especially in the older sections of the City. Three dominant factors have tended to , shape the City's pattern of development: the transportation system, large land holdings resistant to normal development pressures; and the presence of large tracts of land owned by the public sector. Any attempt to project future development patterns must take these three factors into account. 1 3-1 1 Huntsville developed around the convergence of several State Highways which have tended to function as the major transportation arteries of the City (see Chapter IV, Transportation). The high visibility and accessibility afforded by the high traffic volumes have tended to make these locations most desirable for commercial development. The high concentrations of commercial development along State Highway 30 (11th Street) and U. S. Highway 75 (Sam Houston Avenue) are representative of 1 this characteristic. The commercial development along these two highways has served as a magnet to other commercial development to locate in the same proximity in order to benefit from the accessibility afforded by these highways and the traffic generated by existing development. Residential development originally took place along the State highways also. Not requiring as extensive a traffic system as the highway afforded, however, residential development spread out within the land separating the major streets through a system of minor, low traffic capacity streets. Huntsville has also tended to be a spread out rather than compact city. This is due in large part to the existence of many tracts of land held by large land owners and estates or State owned land held by either the Texas Department of Corrections or Sam Houston State University. The presence of large undeveloped tracts within the area bounded by or adjacent to I-45, FM 2821 and Highway 19 are particularly significant since in many instances municipal facilities such as water, sewer and 3-2 streets must be extended through or adjacent to these tracts in order to serve neighboring areas. The result of this situation is that the per ' unit cost of providiny municipal services, when distributed to potentially developable land, is much greater than would be necessary if ' all land was available for development. e Large tracts of publicly owned land have tended to serve as barriers to development and have, therefore, contributed to the low density within the City. At the northwest corner of the City, a vast area of over 2,000 acres is under the ownership of the City of Huntsville and the ' Texas Department of Corrections (TDC). Disecting the City at a northeast to southwest angle running through the approximate center of ' the City are large tracts of TDC and Sam Houston State University property. Further, at the southeast corner of the City, lies another , 1,000 acre TOC tract. Outside the City, to the east and south of the , City limits, lies larye tracts of National Forest lands. Residential Land Uses Residential land uses account for approximately fourteen percent (14%) of the total incorporated area of the City of Huntsville (see MAP 3-1: RESIDENTIAL LAND USES); twenty-six percent (26%) of the developed land. Of this fourteen percent, approximately 90 percent of the housing is of the single family detached dwelling unit type. Multi-family units, composed largely of duplexes, apartments and townhouses, account for seven percent of the land under residential use. Manufactured housing represents the remaining three percent of residential land. 3-3 I w A F I GTY OF HUNTSVILLE,TE%AS COMPREHENSIVE PLAN 1982 Map 3-1 RESIDENTIAL LAND USES NIDN DENSITY E9 MEDIUM DENSITY w LOW DENSITY 0 1 Manufactured housing units are largely confined to several mobile home ' parks located within the City. Residential densities in Huntsville are low. The old southwest sector ' of the City (the area bounded by Sam Houston Avenue, Avenue 0, 19th Street and 22nd Street) which follows the gridiron pattern containing small to medium sized lots is the highest density area of the community. ' Many of the structures in this area have been converted to student ' housing. Commercial Land Uses ' Commercial land uses represent three percent of Huntsville's total ' incorporated area and account for 5.6 percent of all development (see MAP 3-2: COMMERCIAL AND INDUSTRIAL LAND USES). This relatively high percentage can be attributed to the Sam Houston State University , student-related demands and to Huntsville's position as the major commercial center for Walker County. ' Huntsville has three clearly identifiable commercial centers: ' The Central Business District (CBD) - The CBD follows a rigid grid ' pattern, the focal point of which is the Walker County Courthouse, which 1 is surrounded by commercial office buildings, financial institutions and other public and governmental offices. The CBD is delineated by 11th Street to the north and extends south along Sam Houston Avenue to the e Sam Houston State University campus. The primary type of commercial establishments found in this area are retail shops. 3-5 w w I a, b P CITY OF HUNTSVILLE.TEXAS COMPREHENSIVE PLAN 1887 Map 3-2 COMMERCIAL AND INDUSTRIAL LAND USES COMMERCIAL m INDUSTRIAL go Sam Houston Avenue (U.S. 75 south) and Avenue I - The primary types of commerce in this commercial strip area, located in the midst of a ' predominately multi-family residential area, are restaurants, supermarkets and small strip shopping centers. ' Eleventh Street and U. S. 75 North, extended through Interstate 45 - Major commercial activities in this commercial strip area include a ' shopping center, several automobile dealerships, restaurants and offices. ' Industrial Land Uses ' The economy of the City of Huntsville does not rely heavily on industrial activities--a fact reflected by the small amount of land t within the City devoted to industrial uses. The City's industrial ' function has substantially expanded in recent years however and is most likely to continue this trend. The amount of land area consumed in industrial uses represents only 0.15 percent of Huntsville's total area and 0.3 percent of all development within the City (see MAP 3-2), t Several major industries, however, are located outside the corporate boundaries. Industrial activities in Huntsville include concrete 1 batching plants, construction companies, construction equipment and e supply outlets, a T-Shirt stamping operation, small tool manufacturing and paper manufacturing. ' 1 1 3-7 , I 0. N CITY OF HUNTSVILLE,TEXAS COMPREHENSIVE PLAN 1904 Map 3-3 PUBLIC/SEMI-PUBLIC LAND USES PUBLIC/SEMIPUBLIC PARKS 1 Public and Semi-Public Uses The land area devoted to these uses represents 5.8 percent of the City's ' total area (see MAP 3-3: PUBLIC/SEMI PUBLIC LAND USES), with the , Huntsville Airport, the landfill and the Ross Park complex representing ' the largest single tracts within this category. Most of the County and the City government offices are located in the CBD areas, while schools, , parks, churches and other public and semi-public uses are scattered throughout the City. The major health facility is Huntsville Memorial ' Hospital located on Interstate 45 south. The City also owns and maintains three parks: Emancipation Park in northeast Huntsville, Thomas Henry Ball Park in south central Huntsville and Kate Barr Ross Memorial ' Park, located in the northwest sector of the City (which also contains the City Service Center and sanitary landfill site). , Institutional Land Uses The facilities of the Texas Department of Corrections (TDC) and Sam ' Houston State University (SHSU) have been disaggregated from the public and semi-public classification since they constitute such a large portion of the City's land areas (21.7 percent of the total), and exact unique impacts on the community (see MAP 3-3). The TDC occupies several , large tracts of land within and surrounding Huntsville, most of which is in agricultural uses. Only five percent of the land occupied by TDC ' facilities is developed, lending an open character to the community. , The only expansion of TDC facilities planned within the City of Huntsville is the construction of additional facilities at the Wynne ' 3-9 , Unit on U. S. 75 North. The SHSU campus facilities and ground have influenced growth patterns within central Huntsville; SHSU has recently completed its master campus plan which projects development of the University towards the south and east sides of the campus with major new construction projects on the original campus. ' Transportation Land Uses Only 8.7 percent of Huntsville's total incorporated area is devoted to transportation facilities, which is somewhat less than the typical percentage of 25 percent for an "average city." This situation is accounted for by the fact that Huntsville does not have a major rail facility (only a single spur) and has many large tracts of undeveloped land for which no internal circulation system is required. Agricultural Land Uses and Vacant Land Agricultural areas and vacant parcels represent 46 percent of Huntsville's total incorporated land area (see MAP 3-4: AGRICULTURAL AND VACANT LAND USES). Much of the unimproved land is presently tied up in estates, while many agricultural tracts are being held for speculative purposes. As a result, the amount of unplanned open space within the City will likely diminish with time. Careful planning and integration of development in these areas will be an essential part of maintaining the high quality of community in the future. 1 3-10 �,c�•� 7�"1�+Y'ri�,M 1 r vP \ M� + �"''. .r ^'�f �`'��.i+�'r`1 1'"�''i�y g't; �.2t,#', :::�!?��V'rn.:rte^aid :r.Y 5 >v ,y,. L� t' S•4 tl.,��y,.i�Z'��:�,.SS i?3S�7�x�,��":z<,.v t.% ,��zr� •j .�,�tC1<:Rt�4��;{ iU, } l\y rti t�en�`�,?`+::`E r,.,�Pr- tr�:l. x� ��:R�+^+ft Sr• .{ ��..., ,-y,tlrr L\ftY•r e �,hkii��t'L7,iy??a+4�k' -" ;.F`7+•y�:�''. .f,`,�� 3'`'��''♦p1�;:5:y�`:1c1� x :ri�;iP�.'w4j1 S4�J)y �c�c i"',,, 'h,�g;:,�.c`�. �3.:'i y..\Inj4��yi= rj�? .A'�{u��`'�'tz�'''u+•iz'1 >r s 1,,,.{ .h`:11}Y.•, l• �+t"53 �I •W t'ti��l'j...'frA 1e .�. rtx�r .y ��•z;��ft��y�a+ G r Ir< 1>•'a;f�?yhvF'.1+"13 a 1!>j¢. .•- �/. '�'� F 14;,r;'�iif^�•�)l ��tc" ' ti Ji�ft,da rl u{ ''��.rF'� °�6 a4. Y�S� 'V,.+ F v p�....r ♦�� r r r z ) t f�t a„� s'r � S k \\ i rt`Cjr+At J., Iku�+. ar t �{r tt 1 rr i�;•E I f 7� + L \I (/'.Itt�IN i !a�X'{t<wntz�',!'� „),tt"I��++ .r' �>`� ,y ��,k4 � +<p'�y 6i�;Y";;•!%'i r�;, ,'J+± r y \ 11 •` r 9 z e.1��`if Ir��'�"9(�I .`� � • 'Y x ,,�R '��, T b �4� N' � , ♦�',l,2 f'✓'.d.y 'f�jtr�q�.YJtti!Xr`�' +��1hml'''g��r�::�. ��}�':hr - C11ti OF HUNTSVILLE,TE%AS AGRICULTURAL/VACANT r\�� + ••I'' LAND USES AGRNDJLTURALIVACANT 10 ;SVT' „Vrt4r p Fly• DEVELOPED NATIONAL FOREST Problems in Existing Development During the spring of 1982 a citizens committee was appointed by the Mayor of Huntsville to advise the City on the problems of land usage in the community. Three basic problems were identified by the committee: (a) incompatible land uses; (b) the lack of adequate overall urban ' design and (c) the lack of comprehensive planning. Incompatible land uses are a problem to some extent in almost all cities although unzoned or recently zoned cities may find such incidents somewhat more frequent. Incompatible land uses usually occur where the characteristics of particular land uses, when located near or adjacent to one another, result in the disruption of the harmony of the general area. Often, one type of land use is said to conflict with another land use. Typically, conflicts between land uses are more often perceived when they exist between residential uses and either commercial or industrial uses rather than between commercial and industrial uses alone. However, conflicts can as easily exist between a commercial land use and an industrial use. In Huntsville, incompatible land uses have tended to be limited to the intrusion of light commercial establishments or offices located within residential areas. Avenue 0 from 11th Street to 19th Street, has been particularly subject to such intrusion in the last few years with the establishment of several day care centers, at least one restaurant and 1 several small commercial establishments. 3-12 1 Such incidents occur for many reasons. Commercial establishments tend, , to locate according to basic economic concerns; specifically, nearness ' to their market, access by the public to the establishment and site specific locational costs. Many smaller commercial establishments may , find locating within a residential area to be the optimal situation. To , continue to use Avenue 0 for an example; the Avenue is located within the largest residential area of the City and one in which parts of the , neighborhood are of a higher density than most of the other residential areas of the City. Second, Avenue 0 serves as the primarily residential collector street for the neighborhood and, by way of several connecting streets, it is easily accessible to other areas of the City. Third, most of the lots along Avenue 0 are sold as residential lots; conversion to commercial use occurring later. The buyer is, therefore, purchasing the property for far less than a comparable lot selling for commercial , use. Since incompatible land uses exist in Huntsville, what are the effects , upon their surroundings? The most conspicuous effect is the sight of a commercial or industrial structure setting among residential structures. ' It is the overall effect upon residential areas where commercial ' establishments have been located that is of predominate concern, however. The reason is simple; municipal facilities (water, sewer and especially streets) are designed to accommodate a specific set of circumstances. Municipal facilities are designed, in the case of residential areas, to accommodate only the demands of residential type developments. Commercialization of such an area, places much greater demands on the facilities than they were designed to handle; the most 3-13 1 serious impact being in the streets. Residential streets, designed to accommodate a few hundred cars per day, may be called upon to serve several hundred vehicles in a few hours time period. The results: the immediate impact is traffic congestion as a 1 result of too narrow pavement; the long term effects, a speeding up of the overall deterioration of the street itself (all streets are built to serve a specific number of vehicles, of a specific weight range and type Iover a specific time period). The City may rapidly find itself forced to rebuild and possibly enlarge existing streets to serve the additional ttraffic. To use Avenue 0 once again as an example, the street is presently showing signs of deterioration; to accommodate the present traffic, the City has recently prohibited parking on one side of the street. If traffic continues the increase on the street, it may soon be necessary to prohibit parking on both sides. With continued use of the street as a major traffic artery, a major reconstruction project is not unlikely. Other problems may exist, of course. It is not unusual to find problems with noise (especially automobile) and unpleasant odors associated with commercial establishments. While not as distinguishable an impact on a neighborhood as traffic congestion, increased noise levels and air pollution have recently received an increasing amount of public interest. Trash and garbage may also become a problem. Commercial uses produce greater quantities of both; often resulting in overloading recepticles and scattered debris. 3-14 The second problem identified in existing development in the community ' was the lack of overall urban design. Specifics cited within this ' category were the lack of formalized open space, parks and recreation areas, "odd" shaped lots that are difficult to develop and haphazard and t unsightly commercial development. To date, Huntsville has been lucky, the density of its development has remained very low due to the existence of large tracts of land throughout the City that for a variety , of reasons have remained undeveloped. It cannot, however, be expected that these tracts will remain undeveloped forever. At some time in the ' future when these "urban forests" are turned into concrete, asphalt, metal and brick much of the character of Huntsville will be changed also. It will be up to the City to determine how valuable such open ' spaces are to its future identity. The "odd" shape of certain lots in the City pose an increasing problem to developers as the City continues to define its development standards. Most often, these odd shaped lots are a result of the many years in ' which the City operated without any type of subdivision controls. Tracts of land were often subdivided one lot at a time and were designed e according to what the buyer either wanted or could afford. Ultimately, the last lot was that part of the original tract that no one else wanted; its shape anything other than rectangular (the result being a ' great deal of wasted space). These lots may not even be small; it is just as hard for a developer to try to subdivide an odd shaped tract of , several acres (still too much wasted space) as it is to develop a 5,000 square foot pie shaped lot. 3-15 1 Haphazard and unsightly commercial development was seen by the committee 1 to be the supreme example of the lack of urban design in Huntsville. Examples cited were strip shopping centers and other commercial establishments located along Sam Houston Avenue, 11th Street (U.S. Highway 30) and I-4b. As with the odd shaped lots, land along these streets that have been developed or are offered for future development have been split off from the original tract on a lot by lot basis without regard to an overall development scheme. The result, commercial lots with minimal parking areas and crowded conditions. Finally, the committee identified probably the most basic problem of all, the lack of comprehensive planning in Huntsville. This problem includes and expands upon the preceding two problems. Areas of Iparticular concern identified by the committee included insufficient public easements and rights-of-way, inefficient use of City facilities, inadequate streets forced to function as major traffic arteries and development in flood prone or drainage areas. 1 Huntsville is plagued by the lack of adequate public easements and rights-of-way. Streets exist within the City where the right-of-way is ieither totally unknown (the majority of the older sections of town) or exists only from the back of curb to back of curb (Old Houston Road, for example). Water and sewer facilities are in much the same shape, many 1 existing lines having no known easement. The result is delay and increased expense whenever an attempt is made to expand or upgrade existing facilities. 3-16 The inefficient use of City facilities and inadequate streets forced to function as major traffic arteries may be discussed together. The City , has a major capital investment in its water, sewer and street systems. In the case of a majority of existing facilities, little or no ' comprehensive planning was used before their installation. This is especially true where streets are concerned. Many water and sewer lines have been constructed which are either too large or too small (usually ' too small) to serve the population they are now expected to serve. Streets were constructed with no concept of segregation of use; most ' streets were constructed to what as nearly as possible may now be t described as local or residential streets. Since many of the streets were built to a gridiron pattern with development continuing to extend ' the length of the street, the final end product is a local street, designed to serve a limited amount of traffic but forced instead to 1 serve as a collector street with a high volume of traffic. Finally, the City has minimal regulations concerning development within ' flood prone or drainage areas. Presently, development can occur beside, on top of and around drainage channels as long as the finished floor , elevation is one foot above the designated flood elevation and the flow of water is not stopped. Huntsville contains many natural drainage channels; continued development of these must and will affect these ' channels. The flood elevations of today may not be the flood elevations of tomorrow. Development adjacent to drainage channels hinders any future attempts to solve drainage problems. Since drainage channels must be viewed as a system just as water and sanitary sewer lines are, the City should accept the responsibility of protecting this natural, ' 3-17 ' 1 city-wide system of disposal of storm water. Future Patterns of Development Huntsville and Walker County have experienced a continuous growth during the past thirty years. According to the Census of 1950 the population of Walker County was ZU,163 and the City of Huntsville 9,82U. 8y 1980 these numbers had swelled to 41,789 and 23,946 respectively. Prior to 1950, the County as a whole gained only 1635 people in twenty years of which only 295 persons were added between 1940 and 1950. More importantly, the 1950 Census showed a decrease by 4,417 persons in the ' rural population of the County and a corresponding increase of 4,178 in its urban population. Something was obviously about to happen. What happened was growth; 21,626 additional people in the County in ' thirty years (14,126 in the City). Along with the growth of population, the political boundaries of the City have also expanded. In 1950 the City of Huntsville covered approximately 3,173 acres. At the time of the 1980 Census, the City covered 7,739 acres. In the two years since the 1980 Census, the City has annexed an additional 4,593 acres for a total acreage of 12,331 or approximately 19 square miles. Considering ' the recent past, therefore, it is likely that the next twenty years has even greater changes in store for Huntsville and Walker County. To obtain an idea of the impact of continued growth on the City of ® Huntsville a series of population projections was undertaken. Several standard methods of population projections were undertaken such as the 3-18 1 Cohort-Survival Method, Trend Line Analysis .and the Ratio Method. 1 Additionally several alternative development patterns were developed and ' analyzed. The end product of this process was a "best guess" estimate of the future population. Although this plan directs itself primarily ' to the year 2000, due to the requirements of some extended life capital , improvements proposed for the transportation and utilities sections, the population was projected to the year 202U. The projected population for , Huntsville and its present extra-territorial jurisdiction is displayed in Table III-1: PROJECTED POPULATION. Anticipating these expected changes and recommending methods to insure an easy transition is the responsibility of the comprehensive plan. In order to anticipate the future development pattern of Huntsville, an analysis of present and future development was undertaken. Two aspects of future development were analyzed - development of previously 1 undeveloped areas and redevelopment within existing areas. Future Development of Undeveloped Areas Analysis of future development of undeveloped areas consisted of two processes; first, a process of elimination was directed towards all land within and immediately adjacent to the City of Huntsville. The process , involved removing all land from consideration that was already developed followed by all publicly owned land (TOC, SHSU, Sam Houston National Forest, etc.) which, due to the nature of ownership was listed as ' unclassified. The land remaining after the above two exclusions was considered as potential sites for development. 3-19 , TABLE III-1 PROJECTED POPULATION CITY OF HUNTSVILLE, TEXAS POPULATION GROUP YEAR CITY OF 1 TOTAL COMBINED ' HUNTSVILLE TUC SHSU CITY ETJ TOTAL 1981 9,550 6,041 9,351 259122 1,531 26,552 1990 12,256 6,041 10,484 .28,781 1,954 30,735 2000 15,989 6,041 11,533 33,563 2,722 36,285 2010 19,407 6,041 12,686 38,134 3,584 41,718 2020 23,624 6,041 13,954 43,619 4,787 48,406 (1)These figures do not contain those students classified as commuters by the University. Spring 1981 commuters totaled 2,129. 3-20 The next step was to estimate the relative potential for development of these sites. Factors taken into consideration in determining potential for development were as follows: (1) Ownership; (2) Accessibility; (3) Availability of public facilities; (4) Topography; (5) Location; ' (6) Size of tract; (7) Existing use. Potential sites for development were broken out into three categories: high potential, medium potential, and low potential. The time span was ' to the year 2000. It must be stressed that the category assigned to any particular tract is a result of the combination of the factors sited above (the whole greater than the parts); a change in any one or more of ' the factors may require .a total reassessment of all land contained in the analysis. ' The results of the analysis are displayed in MAP 3-b: DEVELOPMENT POTENTIAL. Overall, the analysis projects the highest potential for , development to occur over the next twenty years adjacent to the existing major transportation arteries such as I-45, State Highway 3U, State , Highway 19 (East Loop) and FM 2821 near existing developments. Sites labeled within the medium development potential range are located near 3-21 III I I I II i W I N N I X. lilll�,l CITY OF HUNTSVILLE,TE%AS , COMPREHENSIVE PLAN Map 3- DEVELOPMENTAL POTENTIAL DEYELOPEO PUBLIC OWNED LAND INPPIPw l •�::i::::::, MIDM POTENTIAL cm YBONN POTENTIAL LOW POTENTIAL 1 to developed areas or high potential for development areas but are lacking in some of the factors influencing development in Huntsville. ' In many cases, the tracts are adjacent to proposed thoroughfares such as the proposed West Belt or the area is deficient in existing public , facilities. It is likely that these areas will develop once an infrastructure (streets, water and sewer facilities) exists to serve the such development. Finally, by far the largest amount of land within the immediate vicinity of the City of Huntsville has been categorized as having a low potential for development. Tracts contained in this category were found to be deficient in almost all public facilities, to be far removed from the City itself, to have a high economic value under its present use (for example, timber harvesting) and to be under an ownership resistant to , the pressure to develop. It is advisable, however, for the City to maintain a periodic monitoring of these tracts in order to detect any change, especially in ownership, which might result in a , recategorization of some of the tracts. Redevelopment Redevelopment of existing developed areas in Huntsville will be directed , primarily to the conversion of low density land uses (residential) to a higher density use (commercial). It can be expected that the tendency , of commercial land uses to concentrate alony the major traffic arteries and downtown will continue. Redevelopment, therefore, is most likely to , occur in these areas. More specifically, through the year 2000, , 3-23 redevelopment can be expected to take place in the following areas: (1) Central Business District. Avenue M and 10th Street will become the focal points of expansion of the CBD. This in turn will lead to a "spill-over" of commercial development to the north of lUth Street and the west of Avenue M. In the foreseeable future, it is unlikely that this trend will extend further than 8th Street to the North and Avenue 0 to the west. (2) 11th Street (State Highway 3U). This street can be expected to continue to develop commercially. Redevelopment will consist of both residential conversion to commercial use and low density commercial conversion to a higher density commercial use. (3) Sam Houston Avenue (Hwy 7b South). Like lith Street, Sam Houston Avenue will continue to develop commercially, especially as population in the southern part of town increases. (4) Highway 75 N (Avenue Q). Commercial establishment can be expected to continue to locate along this major thoroughfare to take advantage of the existing market in adjacent residential areas. Commercial establishments will most likely consist of low density service oriented businesses commonly referred to as light commercial. 3-24 (5) Montgomery koad (FM 1374). Commercial development has ' been infrequent along this thoroughfare due in part to the , still relatively undeveloped nature of South Huntsville. It is likely that this trend will continue since residential development in the southern half of the City is expected to ' remain sporadic. (6) Avenue 0. It is likely that additional conversions from residential to commercial uses will occur along this street. ' Commercial establishments will be light, probably retaining ' the original residential structure with extensive interior remodeling. Future Land Use Having identified areas that are most likely to develop, the question then arises as to what type of development will occur? It has been estimated that Huntsville will contain a population of 33,563 persons by the year 2000 assuming no major changes in TUC or SHSU populations r within the City. This amounts to an increase of approximately 9,378 or 37 percent from the 1981 population of 25,122. In order to employ, house and service these additional people, assuming that the percentage of land uses existing in 1981 are sufficient for the existing population of 19,081 (25,122 less 6,041 prisoners) and whatever demand is placed upon some land uses by residents outside the City limits, the following land use requirements may be projected for the years 1982 to 2000. 3-2b PROJECTED LAND USAGE NEEDS 1982-2000 Acres Estimated Total Additional Withi£ Acres 2 Acres Required Land Use City Year 2000 ® 19 Residential '71-1 2,2 Commercial 37U 534 164 Industrial 25 36 11 Public/Semi-public 715 1,U31 316 Transportation 1,073 1,548 475 Institutional 2,675 - - ' Agricultural/Vacant 5,722 - - Total 12,331 9,533 3,884 1 19,081 2 27,522 Therefore, by the year 2000 an additional 775 acres of residential land ' will be needed to accommodate the expected growth within the City alone. An additional 164 acres of commercial areas will be required to serve the population. Most industrial land users have located outside the City limits, if this trend continues, only 11 acres of additional industrial land may be expected to be developed in the City. Although the above figures may seem like quite a large amount of land, it should be contrasted to the 5700 acres of agricultural/vacant land within the present City limits. If this undeveloped land can be brought into development, the City has more than enough developable land within its present borders to serve its population long past the year 2000. If 3-26 this acreage cannot be brought into development or an insufficient ' amount is developed, the population expected within the City may locate outside the City limits requiring a decision by the City whether or not ' to extend the City limits to encompass the development. Comparing the pattern of existing development with the land expected to be available for development, results in an expected future development pattern as displayed in MAP 3-6: FUTURE LAND USE. Far more land is ' shown as available for development than will be necessary according to the expected growth in population. Therefore, projected uses of the land are based on the most appropriate land use to allow it to fit into ' the existing urban pattern of the Community. Further, no attempt has been made to indicate the exact location of every particular land use ' category. Shapes and sizes of site areas are relative. The details of such development will be dependent upon future development proposals and land requirements at the time that these facilities are proposed for , construction. In general, future residential development, as shown in the future land ' use map, is most likely to occur west of I-45 and north of FM 2821. ' Some high density residential developments can be expected along 1-45 ' adjacent to Forest Hills Subdivision and scattered around other areas of the City. Since residential development has already started west of ' 1-45 with developments such as Westridge and Timberwilde it can also be expected that additional residential development in the near future, ' will more likely locate there rather than north of FM 2821. Large ' segments of the land expected to be available for residential 3-27 ...:::... ............::.: W I N W CITY OF HUNTSVILLE,TEXA$`;''`:r '�``}%'i'::" Map 3-6 COMPREHENSIVE PLAN FUTURE LAND USE 1982 RESIDENTIAL COMMERCIAL INDUSTRIAL PUBLIC/SEMI-PIISLN: PARKS to VACANT Q development, it should be noted, are currently outside the City limits. ' Future commercial activity is projected to concentrate for the most part within the City limits. As discussed previously, it is expected that ' the Central Business district will slowly expand towards the north and , west, especially along 10th Street and Avenue M. Uther areas projected for commercial use are the west feeder road area of I-45 south of State 1 Highway 30, FM 2621, State Highway 19 between Hiyhway 30 and 190 and Highway 19 between Sam Houston Avenue (U.S.Highway 75) and I-45. ' Scattered commercial establishments are likely to occur on 11th Street , (State Highway 30), Montgomery Road, Sycamore Avenue, Avenue 0 and when completed, the West Belt. ' Future industrial activities are projected to occur outside the present , City limits, a continuation of present trends. Major sites projected ' for industrial development are located east of State Highway 19 (East Loop) along the Missouri Pacific Rail Line and south of the Goree Prison , Farm along State Highway 75 adjacent to McMurry-Hughes and International Wire. ' 3-29 Trends In Future Development ' As a result of the above analysis of the potential development in Huntsville and comparing this with state and national trends, the following general conclusions concerning the overall pattern of development in Huntsville may be made. First medium to high density (greater than seven dwelling units per acre) residential and commercial land uses will be the predominate types of development within the City limits of Huntsville. A variety of factors will contribute to this trend such as the high cost of providing water, sewer and street facilities, high land values, buildiny construction costs, financing problems and the lack of easily developed land. Second the majority of industrial development will continue to occur outside the present City limits. This is due in part to the lack of suitable sites within the City limits and the desire upon the manufacturers to avoid municipal taxes and regulations. tThird scattered light industrial and commercial establishments will develop along State Highway 19 (East Loop). Fourth scattered heavy commercial and high density residential developments will develop adjacent to I-4S. 3-30 1 1 Fifth, "leap frog" development which has been a characteristic of Walker County and Huntsville for the last twenty years will continue. Leap frogging is the process in which development jumps over expensive vacant ' land at the immediate urban fringe or within developed areas in favor of , cheaper land farther out. This is due to the difference in development standards between the City and County, the availability of developable land (or lack of it), the lower infrastructural costs of rural subdivisions as compared to urban developments and the desire of many ' residents in the Community to 'own a few acres of land." ' Sixth, the continuation of high interest rates and high construction ' costs will result in a gradual decrease in the size of single family detached residential structures and continued growth in mobile r (manufactured) home usage. ' Problems of Future Development , Assuming the City retains its present level of land use regulation, ' certain problems which the City may confront in the future may be ' identified. For the most part, these problems already exist; continued growth, however, is likely to magnify them to the point at which action may be required. These problems are as follows: (1) "Leap frog" development will make extension of municpal ' utilities too costly for many subdivisions outside the City limits. The alternatives are individual systems, whether for ' 3-31 1 each lot or for the subdivision as a whole, or municipal ' utility districts. Both of these alternatives present problems for the City. ' (2) The emphasis on rural subdivisions, especially adjacent to the City limits where lots are greater than one acre and 1 few if any municipal services are required will have one of two effects: (a) the City will be "boxed in or constrained from future annexation by large lot developments due to the major capital expense of providing municipal facilities; (b) the City will annex such rural subdivisions but, due to the low density of such developments, providing basic tmunicipal services will be very costly. (3) Small (light) comnercial or industrial establishments will continue to locate in previously all residential areas unprotected by deed restrictions. (4) Much of the undeveloped land within the City limits will remain undeveloped requiriny the City to extend municipal services beyond them to serve developing areas. 3-32 kecommendations 1. It is recommended that the development of vacant land within the , City limits should be encouraged. The City should thoroughly investigate the feasibility of the following as methods of accomplishing ' this recommendation: 1 (a) A more comprehensive City/developer participation policy which ' will cover construction of all public improvements if development is within the City limits; ' (b) municipal construction and improvement of public improvements to stimulate desired growth. e 2. It is recommended that the City discourage "leap frog" developments , or developments that bypass land adjacent to current development in favor of cheaper land located some distance from existing development. ' 3. It is recommended that the City undertake a long range program of , physical improvements to older areas of Huntsville where a stimulus is , needed to encourage redevelopment by the private sector (i.e. 10th Street, from U. S. 75 North to University Avenue and the Gospel Hill , area). ' 4. It is recommended that the City use regulations to assist in ' managing and directing future growth to insure development according to the comprehensive plan and to reduce the tendency of commercial and ' 3-33 industrial intrusion into residential areas. ' 5. It is recommended that the City reduce the chance of land use conflicts through provision of mandatory buffer areas between low density residential area, high density residential, industrial and commercial land uses. 6. It is recommended that the City actively participate with the Chamber of Commerce in encouraging the location of industrial activities in the community. To this end, the City should maintain personnel capable of providing assistance to developers of industrial activities. 1 Among the information maintained by the City should be an inventory and map of potential industrial sites. 1 7. Residential development inside the City limits is expected to consist largely of high density, multi-family building types such as condominiums, townhouses and apartments. It is recommended that the City review its present regulations to insure that no inappropriate restrictions exist which will inhibit such development. ' 8. It is recommended that the City undertake a study to investigate the feasibility of zoning for the City of Huntsville. 3-34 1 IV ' TRANSPORTATION INTRODUCTION , It is the scope of this section of the Comprehensive Plan to analyze the , various transportation modes and recommend courses of action to insure that the transportation system in Huntsville remains adequate. Huntsville's current transportation system was examined, identifying existing strengths, weaknesses and future needs. The basic transportation modes affecting the area (air, bus, rail and automobile) ' were analyzed to determine their current and future levels of efficiency. An examination and evaluation was made of the City's ' overall street and highway network, identifying the present and ' potential problem areas, major traffic generators, the geometric nature of the network and existing signalization schemes. In addition, ' existing freight and passenger transit services were identified and examined. ' t Thoroughfares The thoroughfare system of a city is the principal means of movement of people and goods. The streets and highways that comprise this system are the carriers in this network. Their capacity is determined by size, ' condition, routing and land usage to be served. A thoroughfare system consumes large quantities of land and requires great amounts of the 4-1 community's income to construct and maintain. The system must, therefore, be understood as basically established to serve one purpose - - movement of people and goods between all parts of the community. For the purpose of this study, the thoroughfare system in Huntsville has been classified according to the function and to commonly applied terminology. The classifications are as follows: Expressways - a divided multi-lane arterial street designed for rapid unimpeded movement of large volumes of traffic with full control of access and grade separations at intersections. Expressways are not intended to provide direct access to adjoining land. Arterials - streets that serve major traffic movements. They are primarily traffic carriers between various sections of the City and form a network of through streets. Service to abutting properties and access to these properties are tsecondary functions. Collector Streets - a street located within a neighborhood or other integrated use area which collects and distributes traffic from local streets and connects with arterial streets 1 or comae nity facilities. 4-2 1 Local Streets - provide access to abutting property and circulation for traffic within residential, commercial and ' industrial areas and are designed for low-speed travel and configured to discourage through traffic. It should be noted that real-world actualities do not always observe functionally efficient, textbook descriptions such as those above. Many 1 streets in Huntsville function as more than one of the above street ' categories. For the purposes of this study, analysis of the existing and future street system of Huntsville will concentrate only upon the major t thoroughfares of the city; that is, expressways, arterials and collector streets. The location of future residential streets will depend upon the future design of subdivisions by private developers. By following ' standards established in the Design Criteria Manual, future residential streets can be fitted into the major street system of the City. The ' proposed thoroughfare system contained in the future street system section of this study is the framework around and within which the future development of Huntsville will be contained. Existing Street System The existing thoroughfare system of Huntsville is shown in Map 4-1- EXISTING THOROUGHFARE SYSTEM. The primary traffic carriers of the city ' are the National and State highways that serve the community. Interstate 45, which ties Houston to Dallas, is located in the western , 4-3 t z FM 21 A lh I A Y I �v I CITY OF HUNTSVILLEJEXAS COMPREHENSIVE PLAN 1882 Map 4-1 EXISTING THROUGHFARE SYSTEM t-SIFIED BY FUNCTION) EXPRESSWAYS ARTERIALS COLLECTORS part of the city; State Highway 19 (East Loop) is located at the extreme ' east side of the city. U. S. Highway 75 passes through the center of ' the city providing its primary north-south traffic corridor while State Highway 30 (11th Street) runs due east-west joining U. S. Highway 190 and State Highway 19 to form the city's major east-west traffic corridor. Additionally, the city is served by several State farm-to-market roads. FM 2521 serves as the city's north loop. Connecting the downtown with FM 2821 is FM 247 (Avenue M) running north-south from Highway 30. , Finally, the southwestern portion of the city is served by FM 1374 (Montgomery Road) while FM 3411 (Old Phelps Road) serves southeast , Huntsville. The original plat of the City of Huntsville was based on a yrid street ' pattern. As development continued, this pattern was extended where possible in a somewhat modified form to fit the demands of local , topography. Although most of these local streets serve limited areas, a few function as collector streets. Such is the case with Normal Park ' Drive, Avenue 0, Avenue M (from 11th Street south), University :\venue, , Avenue F, Lake Road and Sycamore Avenue running north-south within the city. East-west local collector streets are Eastham Drive, 10th Street, ' 12th Street through 17th Streets between Avenue M and Avenue J, and 22nd Street. MAP 4-1 also provides a designation for City owned streets , classifying them according to the standards adopted for streets in the ' Design Criteria Manual. 4-5 ' Traffic Characteristics The average daily traffic volumes for Huntsville's major streets are illustrated in MAP 4-2: TRAFFIC VOLUME (1979) which contains the latest information on traffic counts available from the Texas Department of Highways and Public Transportation. Traffic volume data, used to identify trends for purposes of facility evaluation and improvement priority establishment, is the key traffic characteristic in determining the level of street usage efficiency. Volume is used as a "quantity" measure of flow and is the number of vehicles that pass a point in a given period of time. For the purposes of this study, the volume of traffic is expressed in the average total number of vehicles per day (24 1 hour count). In terms of traffic volume, Table IV-1 provides, in descending order, a list of the most heavily traveled streets in Huntsville. TABLE IV-1 THOROUGHFARE CLASSIFICATIONS AND VOLUMES General Number 24 Hour Average ' Street Classification of Lanes Traffic Volume I-45 Expressway 4 18,000 S.H. 30 (11th Street) Arterial 4 15,500 U. S. 75 South (Sam Houston Avenue) Arterial 4 14,000 S. H. 30 (from 11th St. to FM 2821) Arterial 2 6,740 Avenue H Collector 2 7,260 U. S. 190 Arterial 4 6,740 U. S. 75 N (Avenue Q) Arterial 2 6,080 Sycamore Avenue Collector 2 5,420 Avenue I Local 2 5,420 Lake Road Collector 2 4,98U Avenue 0 Collector 2 4,3UO Montgomery Road Arterial 2 4,010 FM 247 Arterial 2 3,850 22nd Street Collector 2 3,280 University Avenue Collector 2 3,142 FM 2821 Arterial 2 2,760 16th Street (East) Collector 2 2,63U 4-6 1 e p�OO It MAP 4-2 , TRAFFIC FLOW VEHICLES/ DAY (1979) :g$ so, 00 a-7 Compare these• counts to the theoretical capacities by classification shown in Table IV-2, PRACTICAL TRAFFIC CAPACITIES. TABLE IV-'L PRACTICAL TRAFFIC CAPACITIES Minimum Width of 24 Hour Facility Lanes Lanes Volume Range Expressway 4-8 6U,000 to 160,000 Arterial 4-6 44 10,000 to 3U,000 Collector 2 22 2,000 to 5,000 Local 2 22 100 to 5OU Source: Harold Marks, TRAFFIC CIRCULATION PLANNING FOR COMMUNITIES, Gruen Associates, Los Angeles, 1974. A comparison of the average daily traffic counts on the most heavily traveled streets in Huntsville in Table IV-1 with the practical traffic capacities shown in Table IV-2 leads to the following conclusions. 1. S. H. 30 (11th Street) is at or near capacity at the present time. As traffic use continues to grow, speed on the street will decrease, traffic "jams" will become more noticeable and frequency of accidents will increase. Pavement width is at maximum for the existing ROW with little prospect of acquiring additional right-of-way. It is likely that the only means of alleviating future traffic problems will be to redirect as much of the traffic as possible to other streets. 2. U. S. 75 S (Sam Houston Avenue) is at or near capacity from S. H. 30 to 22nd Street. The same conditions exists for this street as for S. H. 30, therefore, the same conclusions are appropriate. ' 4-8 3. Sycamore Avenue is nearing its capacity. Sycamore Avenue, however, has one mitigating factor, it is an extra-wide street which, if all on-street parking is removed, can allow it to carry traffic loads up to the lower limits of an arterial street. ' 4. Avenue J is functioning as a collector street although originally built to serve local residential functions only. Avenue J and Lake Road are acting as one of the major entrances to SHSU. It is likely that this situation will remain throughout the present planning period. ' Traffic is likely to continue to grow along with the University. 5. Lake Road is another street that is nearing its capacity limits according to its functional classification. However, this street, like Sycamore, is built in excess of the standard width for collector streets. Therefore, it is possible that this Street will be able to handle traffic loads near to the minimum levels of an arterial street. The mitigating factor for this street will be the hilly terrain over which it runs. 6. Avenue U is another collector street nearing its capacity. Unfortunately, this street was built to serve residential purposes only and is, therefore, too narrow to allow much flexibility. It is also interrupted at its intersection with 19th Street by an offset. Removal of all on-street parking and re-design of the 19th Street intersection will allow this street to continue to function as a minor collector street for the near future. If traffic continues to grow, it is likely ' 4-9 complete reconstruction and widening of the street will be.necessary. Traffic Control To obtain maximum efficiency and safety in any street system, modern traffic control devices must be employed. Standard controls are traffic signals, traffic signs and parking regulations. Signalization Traffic signals are valuable devices for facilitating the safe and efficient control of vehicular and pedestrian traffic and interchange. In 1977, signals along Eleventh Street at Avenue 0, Avenue M, Sam Houston Avenue and University Avenue were interconnected to provide progressive traffic movement along Eleventh Street. These are the only interconnected signals in the city at this time. Additional traffic signals are located along Sam Houston Avenue (U.S. 75 S) at 13th Street, 16th Street, 17th Street, 20th Street, Avenue J - Lake Road, Avenue I, F. M. 1374 and Sycamore Avenue. All are presently pre-timed but not interconnected with other signals to provide progressive traffic flow. Other signalized intersections with noninterconnected signals include Avenue I and 20th Street, 11th Street and U. S. 75 N, 11th Street and Avenue I and 11th Street and I-45. The City of Huntsville, by letter dated December 16, 1980, requested the assistance of the State Department of Highways and Public Transportation in developing plans for synchronizing the traffic signals on 11th Street 4-10 and Sam Houston Avenue. As a result of this request, a field evaluation ! of the existing signals was performed. ! It is recommended that the City update the existing signals to standards ! required by the Manual Un Uniform Traffic Control Devices (MUTCD) and ! coordinate the signals for progressive movement of traffic. The following is an evaluation of each intersection: ! (1) US 75 N (Avenue l)) and 11th Street (SH30) - This signal is a ! traffic actuated signal. The loop on the north approach of US 75N is out of service. It is recommended that the City install a new ! loop on the north approach and place the signal back in traffic ! responsive operation. ! (2) Eleventh Street from Avenue 0 to University Avenue - These ' four signals are interconnected for coordinated movement of traffic. No physical changes to the existing signals are required ! or recommended at this time. ! (3) Sam Houston (US 75) and 13th Street - The signal equipment and installation at this intersection are basically obsolete. A ! totally new installation should be provided at this intersection. ! It is recommended that 12-inch heads for Sam Houston traffic and 8-inch heads for the side street approaches horizontally mounted on ! span wire be provided. This installation will require three new steel strain poles since the southeast quadrant has an existing ! steel pole. A three dial, fixed time secondary controller is also 4-11 1 suggested. (4) Sam Houston (US 75) and 16th Street - Although the signal heads at this intersection are acceptable, improvements are necessary to bring the installation into compliance with the MUTCU. The existing installation does not meet the requirements that at ' least one signal indication must be at least 4U feet from the stop line of that approach. Also, the installation does not provide the minimum of two signal indications for the side street approaches. Therefore, it is recommended that a new box type, span wire signal be installed along with horizontally mounted 12-inch heads for Sam Houston Avenue traffic and 8-inch heads for the side street approaches. A new three dial, fixed-time secondary controller is recommended since the existing controller has served its useful lifeand is obsolete. It is also recommended that 4 new steel 1 strain poles be placed at this intersection; it is unlikely the existing poles could handle the weight of the new installation. (5) Sam Houston (US 75) and 17th Street - The offset of 17th Street complicates the handling of cross-street traffic in a safe, efficient manner. Also, the configuration of the existing signal einstallation does not lend itself to providing the most desirable signal layout. Therefore, a new signal installation at this 1 intersection is recommended. All 12-inch heads should be installed and mounted vertically to enable positioning the heads in the most acceptable location. A protected left-turn for southbound traffic turning east to the University should be provided. Also 4-12 i recommended is splitting 17th Street phasing (i.e., eastbound has ' green and then westbound has a green). A left-turn green arrow is I suggested for both approaches on 17th Street to assure the motorist that the movement is protected. A pedestrian signal indication is ' included in the southern most crossing of the intersection. It ' appears that several students cross at this location. The new installation will require a three dial, secondary fixed-time ' controller. (6) Sam Houston (US 75) and 20th Street - No changes are recommended for this intersection. The existing signal controller is a three dial, fixed-time master controller with three time clocks which can be utilized to coordinate the signals at the 13th, 16th, and 17th Street intersections. It can also be utilized to coordinate these signals along with the four signals south at the Lake Road, Avenue I, FM 1374 and Sycamore Street intersections if the City elects to place all eight signals into one system. ' (7) Sam Houston (US 75) and Lake Road - This intersection was t recently upgraded with a new master control box which will eventually be interconnected with Avenue I, FM 1374 and Sycamore Avenue. Left turn signals have been added to allow turning off of ' Lake Road and Avenue J. Signals on Sam Houston Avenue were left unchanged. Due to these recent changes, no further upgrading of ' the intersection is necessary. ' (8) Sam Houston (US 75) and Avenue I - It is recommended that the ' 4-13 ' 12-inch signals removed from the pith Street intersection be installed in lieu of the existing 8-inch heads at this intersection for traffic on Sam Houston Avenue. They should be mounted horizontally. The existing controller is an actuated Signal 1 Computer Corporation's Model 2000 controller. There is concern whether or not this company still manufacturers controllers or replacement parts. Also, this type controller cannot be coordinated to a fixed-time controlled system. Replacing the controller with a two or three dial, secondary fixed-time controller is recommended. (g) Sam Houston (US 75) and FM 1374 - The existing controller should be replaced with a two or three dial, secondary fixed-time controller for the same reasons as outlined under Item 8. (10) Sam Houston (US 7b) and Sycamore Street - It is recommended that the existing controller be replaced with a two or three dial, secondary fixed-time controller since the existing controller is an outdated obsolete model. It is also suggested that consideration ' be given to replacing the pole in the northeast quadrant with one of the steel poles from the 16th Street intersection. The existing ' pole was damaged during an accident at this intersection. (11) Coordination of Siynals along Sam Houston Avenue - Items 3 1 through 10 outlined improvements which can be made at eight intersections along Sam Houston Avenue in Huntsville. These ' improvements will improve traffic operations at these individual ' 4-14 1 intersections, but will do little to upgrade flow of traffic along ' Sam Houston Avenue. This can only be accomplished by ' interconnecting the signals and coordinating the signals for progression of traffic. It is recommended that coordination of the signals be undertaken as soon as possible. ' Other Forms of Traffic Control 1 In general, all the warning and regulatory signs in Huntsville are in good condition and conform with standard requirements. Some parking ' signs at various locations are missing from their post, in poor condition or mounted too low. Except for State maintained routes, there , is limited use of pavement markings on City streets. High Accident Locations ' An analysis of the frequency of accidents and their location over the ' last five years (Table IV-3: FIVE YEAR ACCIDENT SUMMARY) has shown a general overall decrease in accidents and a spreading out of accident locations resulting in a fewer number of accidents at any one location. ' This is probably the result of the efforts on the part of the City in the last few years to provide improved traffic control. ' 1 4-15 1 TABLE IV-3 FIVE YEAR ACCIDENT SUMMARY ACCIDENTS 5 YR. LOCATION TOTAL 1981 80 79 78 77 17th & Sam Houston 48 8 5 11 12 12 11th & Sycamore 47 13 14 17 4 19 13th & Sam Houston 37 7 10 16 5 9 16th & Sam Houston 33 9 7 - 7 10 11th & Avenue M 30 9 14 5 12 10 20th & Sam Houston 31 7 8 14 14 8 11th & Sam Houston 23 7 4 12 3 7 FM 2821 & Avenue M 25 7 12 - 9 7 ' Hwy 19 & FM 2821 23 8 12 12 - - FM 1374 & I-45 (West Frontage Road) 18 1 1 5 9 12 TOTAL 315 66 58 52 55 84 ' Total Accidents 2615 464* 437 458 527 729 % of Total Accidents 12% 14% 13% 11% 10% 12% ' * As of October, 1981 4-16 PROBLEMS IN THE EXISTING STREET SYSTEM A citizens advisory committee appointed by the Mayor of Huntsville met during the spriny of 1962 to discuss the problems in the present street system. Their conclusions, divided out between lony-term and short-term ' problems are provided in Tables IV-4 and IV-5. TABLE IV-4 Street System LONG TERM STREET SYSTEM PROBLEMS e 1. Lack of Through East-West Streets 2. Lack of Throuyh North-South Streets 3. Limited Overpasses Across I-45 4. Lack of Policy on Maintenance and Ownership of Streets in newly annexed areas. 5. Lack of Policy on Street Paviny. 6. Lack of Policy on Construction of Sidewalks. 7. Lack of Policy on Growth of Trees and Vegetation in Public Rights-of-Way. 6. Lack of Policy on Maintenance of Drainaye Channels. 1 4-17 TABLE IV-5 Street System SHORT TERM STREET SYSTEM PROBLEMS Problem Examples Inadequate Arterial Streets Avenue M (11th St. to 2821) Hwy 7bN (11th St. to I-4b) Hwy 3U (1-45 West) FM 2821 (North Loop) Montgomery Road (FM 1374) ' Inadequate Collector Streets 10th Street Avenue 0 22nd Street Lake Road 16th Street Congested Streets 11th Street Sam Houston Avenue Off-Set Streets Avenue 0 (at 19th St.) 17th Street (at Sam Houston Avenue) tTruck Traffic Location of Terminals through traffic on-street Loading/Unloadiny Insufficient Parkiny Downtown SHSU Excessive Curb Cuts Sam Houston Avenue 11th Street Traffic Circulation SHSU TDC Regulatory Signaye Various Locations Hazardous Intersections Avenue I and Sam Houston Avenue 4-18 THE FUTURE THOROUGHFARE SYSTEM ' Efficient and safe transportation of people and goods constitutes one of the most important elements in the growth of the City. The future ' thoroughfare plan for the Huntsville area is shown on MAP 4-3: FUTURE ' THOROUGHFARE SYSTEM. This system was devised to serve the various patterns of growth projected in the land use study and to provide the ' most convenient and expeditious routes of travel throughout the Huntsville area. To further expedite the flow of traffic, specifically truck traffic, a routing system for through truck traffic has been developed to ' complement the future thoroughfare system. MAP 4-4: THRUUGH TRUCK AND HAZARDOUS MATERIALS ROUTE displays the recommended system. Upon completion of the proposed West Belt, this route will be added to the system. PUBLIC TRANSIT At the present time Huntsville is without a public transit system. It ' is doubtful if the future population of Huntsville can support an effective transit system due to the low density of the Huntsville area ' and the estimated population size. It may be possible, however, that a limited system running between an area of a very high concentration of ' population such as SHSU and an area of concentrated retail establishments such as the Central Business District could receive sufficient use to remain viable. 4-19 ' FM 21 8� A N O ,p Y vM N 1 CITY OF H UNTSVILLE.TEXAS COMPREHOENSIVE PLAN Map 4-3 82 FUTURE THROUGHFARE SYSTEM ICLASSINFC BY FUu TION) 111B EXPRESSWAY ARTERIALS COLLECTORS s Hwy ' 73 H ' p� �Y,90 MAP 4-4 THROUGH TRUCK AND HAZARDOUS ,& MATERIAL ROUTE N HUNTSVILLE, TEXAS , 4-21 1 BUS The Continental Trailways Bus Company provides the Huntsville area with intercity and State bus transportation. Present service includes 17 daily stops. Both freight and passenger services are available, the former averaging approximately 50 passengers per day. Unfortunately, ® due to the limited facilities available in the city, many maneuvers of the busses to position themselves for loading and unloading of passengers occur on Sam Houston Avenue. As traffic volume on this street continues to increase, this situation will become more of a problem. AIR The municipal airport is located on the east side of I-45 in the northwest quadrant of the city. The facility handles some commercial and private air traffic but no major commercial flights presently enter 1 the area. RAILROAD A spur line extending across the eastern portion of Walker County provides Huntsville with its only rail service. The major rail line is located approximately 9 miles east of the City with a terminal located at Phelps. In 1981, an estimated 25 carloads per week were sent out from Huntsville while approximately 15 carloads per week were unloaded in the City. Six days per week service is available with a Palestine destined train originating in Huntsville each Monday, Wednesday and 4-22 Friday, returning the next day. Current terminal facilities are in a declining state. The terminal located on Avenue J between 14th and 15th Streets requires freight to be delivered almost downtown in crainped, outdated facilities. Trucks ' delivering or picking up freight are requested to travel often indirect routes on streets not designed to carry truck traffic, to arrive at the 1 terminal. If use of the railroad is to continue to grow in Huntsville, ' it is unlikely that these facilities can continue to provide adequate service. A more viable situation would be the relocation of the freight ' facilities adjacent to State Highway 19 and Bearkat Boulevard. MOTOR FREIGHT 1 Central Freight Lines is the area's largest trucking firm, with ' additional freight services available from Red Arrow Freight Lines, U-Haul, Inc., Ryder Truck Rental One-way, Inc. and Missouri Pacific ' Transport. Morning and afternoon schedules to Houston and Dallas link ' the Huntsville area with national connections. Local warehouses are maintained by each of these freight lines. PEDESTRIAN AND BICYCLE TRANSPORT Walking and bicycling have continued to hold an important place in the movement of people in Huntsville. Due to the size of the city it is ' still possible to transverse the city either by walking or bicycling. Unfortunately, few facilities exist within the city to encourage either , 4-'L3 ' form of movement. No designated bicycle lanes exist and sidewalks, . ' except in the downtown area, are intermittent. Therefore, a system is recommended to coordinate these two forms of movement and to insure the esafety as much as possible of those who use these methods. WATER TRANSPORT Huntsville does not have direct access to waterway transportation. 1 RECOMMENDATIONS 1. It is recommended that the City formally adopt the future thoroughfare plan of the City of Huntsville as displayed in MAP 4-3: FUTURE THOROUGHFARE SYSTEM of the Comprehensive Plan. 2. It is recommended that the City formally adopt and implement by ordinance routes for through trucks and hazardous materials. The recommended routes are displayed on MAP 4-4: THROUGH TRUCKS AND HAZARDOUS MATERIALS RUUTES. Funds should be appropriated at the time of ordinance passage for necessary signage. 3. It is recommended that the City prohibit blocking of traffic lanes by delivery trucks. This problem is especially acute along Sam Houston Avenue and 11th Street. It is suggested that the City require back door ' delivery where feasible; where not feasible, designated loading/unloading areas adjacent to the curb should be provided. It is 1 also recommended that, where curbside load zones are provided, that they 4-24 1 be designated for specific time periods and uses and that the regulations be strictly enforced. e 4. It is recommended that the City remove all unnecessary hindrances to traffic flow along its collector streets. Hindrances include inappropriate or unnecessary stop signs, dips, and rough or bumpy driving surfaces and blocked sight triangles. 5. It is recommended that the City devise and adopt formal policies , related to the following: (a) maintenance and ownership of streets in newly annexed areas; ' (b) street paving; (c) construction of sidewalks; , (d) growth and control of vegetation in public riyhts-of-way; , (e) maintenance of drainage channels. ' 6. The City in cooperation with the Downtown Merchants and the Chamber ' of Commerce should undertake a study to determine the economic feasibility of providing off-street parking facilities in the downtown , area. ' 7. In cooperation with SHSU, the City should develop a traffic , circulation and parking plan for the area adjacent to the University. e 4-25 g. In cooperation with TDC, the City should develop a traffic circulation and parking plan for the area adjacent to the Walls Unit. 9. It is recommended that the City adopt more detailed standards for ' the design and placement of driveways, especially commercial driveways. It is also recommended that all private driveways built within public street rights-of-way and connected to paved streets be required to be surfaced with either asphalt or concrete. lo. It is recommended that the City continue to pursue the development of an economically feasible Airport Master Plan. 11. It is recommended that the City institute a program for reviewing the adequacy of rights-of-way for existing streets and, where inadequate, to obtain the additional necessary riyhts-of-way. e 12. It is recommended that the City stay abreast of the developments in rapid rail and mass transit facilities for this region and insure 1 Huntsville's participation whenever possible. 1 13. It is recommended that the City adopt and implement, through a Capital Improvements Program, the projects listed in the following: CAPITAL NEEDS INVENTORY. Included in this list is a prioritization of 1 each project and a generalized timetable for completion. 4-26 CAPITAL NEEDS LIST: TRANSPORTATION FACILITIES ' Priority Description 1* Widen State Highway 30 to four (4) lanes (curb and gutter) with a center turn lane from I-45 to the City Limits 2* Widen U.S. 75 N to four (4) lanes (curb and ' gutter) with a center turn lane from 11th Street (State Highway 30) to I-45 3* Widen FM 1374 to four (4) traffic lanes ' with a center turn lane from U.S. 75 S to City limits 4* Widen FM 247 to four (4) traffic lanes from State Highway 30 to FM 2821 5* Redesign and reconstruct the intersection of S.H. 30, U.S. 190, and Sycamore Avenue 6 Upgrade the traffic signals along 11th Street and Sam Houston Avenue as recommended in the Comprehensive Plan according to the following Schedule: (a) U.S.75(N) and 11th Street; (b) Sam Houston Ave. and 13th Street; (c) Sam Houston Ave. and 16th Street; 1 (d) Sam Houston Ave. and 17th Street; (e) Sam Houston Ave. and Avenue I; (f) Sam Houston Ave. and FM 1374; ' (g) Sam Houston Ave. and Sycamore. 7 Coordination of Signals along Sam Houston Avenue *or in accordance with schedules established by the Texas Department of , Highways and Public Transportation. 4-27 TRANSPORTATION CAPITAL NEEDS LIST Priority Description 8 Acquire rights-of-way for future streets listed below: (a) 16th Street (1) from Avenue Q to I-45 (2) from State Highway 19 to FM 2929 (b) Roans Ferry Road from 9th Street to FM 2821 (c) 10th Street (1) from U.S. 75 to Normal Park (2) from Avenue F to Roans Ferry Road (d) Avenue F from 3rd Street to FM 2821 9 Resurface 10th Street from U.S. 75 N to University Avenue 10 Resurface Avenue 0 from 11th Street to 22nd Street 1 11 Eliminate the offset street intersections at the following locations: (a) Avenue 0 and 19th Street (b) 17th Street and Sam Houston Avenue (c) Avenue I anad 12th Street (d) University Avenue and 8th Street 12 Widen U.S. 75 S to four (4) traffic lanes (curb and gutter) with a center turn lane ' from State Highway 19 to I-45 13 Redesign and rebuild the Avenue I-Sam Houston Avenue intersection to provide as nearto a 90 degree intersection as possible 14 Extend 16th Street from Avenue Q to I-45 15 Extend Avenue F from 3rd Street to FM 2821 16 Extend 10th Street westward from U.S. 75 N to I-45 17 Extend 10th Street eastward from Avenue F to Roans Ferry Road 1 18 Extend Bearkat Blvd. eastward from State Highway 19 to intersect with FM 2929 19 Widen and pave Roans Ferry Road to collector street standards '' 4-28 1 V ' PUBLIC UTILITIES Introduction , The provision of potable water and the collection and treatment of ' sanitary sewage are two of the most important services provided by local government. They are also among the most difficult and expensive ' services to perform. Planning for such services seeks to achieve the , identification and conceptual design of needed improvements over a long-range period of time. Detailed design of individual projects must, , of necessity, be accomplished at the time that specific improvements are scheduled for actual construction. Such construction plans must be based upon detailed engineering studies and data specific to each ' improvement contemplated and which cannot be contained within the scope of this plan. ' Huntsville is presently in the final stages of a utility mapping program , that will not only locate the existing systems but provide invaluable ' information for future planning purposes. This plan will not seek to anticipate all the results of that future study. Rather, it seeks to establish the foundation upon which that study may build and expand. Therefore, the present plan focuses upon two aspects of the public ' utility systems: , (1) a general conceptual map of the future water distribution and , 5-1 ' sewage collection systems; and (2) recommended improvements to the systems to alleviate existiny problems. Water Distribution System Huntsville draws its water supply from a well system located in the ® southern part of the City (see Table V-1: EXISTING WATER WELLS) and from surface water obtained from Lake Livinyston. The primary distribution center for water in Huntsville is the water treatment plant located on Walnut Avenue. Here, water is treated, stored and pumped into a network of distribution and supply lines throughout the City and adjacent areas. A second water treatment plant is located on Autumn Lane at Spring Lake Estates. As a result of past planning efforts, a primary distribution system of 12 inch lines has developed. The purpose of these 12 inch lines are to loop the City at approximately one mile intervals. To date, much of the proposed system is still incomplete. These 12 inch lines serve as the major trunk lines or distribution lines of the water system. The overall system also consists of 6, 8 and 10 inch lines functioning as minor trunk lines and service laterals. Scattered through the system are numerous 2 inch lateral lines serviny limited areas. 5-2 TABLE V-1 EXISTING WATER WELLS ' Well No. and Depth Pump Setting Capacity ' Date Constructed feet depth feet cpm 12 (1958) 1256 650 591 ' 13 (1961) 1411 600 726 14 (1958) 958 580 505 ' 15 (1961) -- 580 500 16 (1965) 1485 575 17 (1965) 1290 600 942 ' 18 (1968) 1410 540 1000 19 (1971) 1400 400 800 ' 20 (1976) 1400 - 800 Total 5T6-4 , * Abandoned Extracted from "Preliminary Engineering Report for a Surface Water 1 Treatment Plant" prepared by Bernard Johnson, Inc., May 1978, page 13. 5-3 WATER STORAGE There are two elevated storage tanks in use in the City providing a capacity of 900,000 gallons of water. The two tanks are set at different elevations but are operated through altitude valves in the system to set the levels of the tanks. The elevated storage tank ® located adjacent to Fire Station #2 on Avenue J contains 400,000 gallons of water while the storage tank on Walnut Avenue at the Water Treatment APlant holds 500,000 gallons. The existing ground storage for the City is located at the two water treatment plants. The primary treatment plant located on Walnut Avenue has 5 million gallons of ground storage capacity in three storage tanks. The Spring Lake Treatment Plant has one ground storage tank capable of holding 500,000 gallons. The estimated storage needs for the City of Huntsville to the year 2000 are shown in Table V-2: WATER STORAGE REQUIREMENTS. This table is based on the projected population of the City and the present State Health Department Water storage requirements. The requirements shown in the table are State Health Department minimum based upon the typical needs of a city. Although it is advisable for the City to maintain at least the minimum State requirements, these standards should be used only as guidelines for provision of future facilities. They are not intended to insure adequate facilities for all cities but only sufficient facilities for emergency use. 5-4 TABLE V-2 WATER STORAGE REQUIREMENTS PROJECTED TOTAL STORA�S) ELEVATED ST?��GE REQUIRER2) EXISTING MINIMUM ADDN. POPULATION REQUIRED REQUIRED STORAGE STORAGE STORAGE kEQD. YEAR (HANDSETJ)E 1(MG)C AVG(MG)MAND(1) (MG)C 50(MG)G (MG) (MG) (MG) (MG) (MG) (MG) 1981 26,552 4.91 4.65 1.46 2.33 3.45 1.46 5.50 0.9 - 0.56 1985 28,644 5.30 5.01 1.58 2.51 3.72 1.58 5.5U 0.9 - 0.68 1990 30,735 5.89 5.38 1.69 2.69 4.20 1.69 5.50 0.9 - 0.79 1995 33,510 6.20 5.86 1.84 2.93 4.36 1.84 5.50 0.9 - 0.94 2000 36,285 6.71 6.35 2.00 3.18 4.71 2.00 5.50 0.9 - 1.10 2005 39,001 7.22 6.83 2.15 3.42 5.07 2.15 5.50 0.9 - 1.25 2010 41,718 7.72 7.30 2.29 3.65 5.43 2.29 5.50 0.9 .07 1.39 2015 452062 8.34 7.89 2.48 3.95 5.86 2.48 5.50 0.9 .36 1.58 2020 482406 8.96 8.47 2.66 4.24 6.30 2.66 5.50 0.9 .80 1.76 (1) Average Daily Demand (175 gallons per capita per day) taken from Bernard Johnson, Inc. Preliminary Engineering Report dated May 1978 to TRA for the City of Huntsville Surface Water Treatment Facilities Figure II-1 page 9 and Figure II-2 page 11. (2) Storage Requirements taken from Rules and Regulations for Public Water Systems Adopted 1975 - Texas Department of Health Resources - Appendix B page 27 "Requirements for Texas Department of Health Resources 'Approved' Public Water Supply" (3) "Total Storage (ground and elevated) shall be equal to Average Daily consumption, or 185 gallons per capita, whichever is less." (4) "Elevated Storage (included in above) equivalent to 50% of Average Daily consumption or 55 gallons per capita, whichever is less, with a maximum of 5.0 MG required, shall be provided for each section or pressure level of distribution system." eProblems in the Existing Water Distribution System As a result of a general review of the water distribution system of the City, several major problems were identified. Upon completion of the ' utility mapping program, it is expected that far more detailed lists of problems will be available. At this time, however, the major problems identified in the water distribution system were: (a) an ayiny infrastructure; 1 (b) undersized lines; (c) dead-end lines; 1 (d) "bottlenecks" (e) inadequate storage capacity; and (f) an incomplete loop system. FUTURE WATER DISTRIBUTION SYSTEM MAP 5-1: FUTURE WATER DISTRIBUTION SYSTEM shows the recommended major trunk line improvements necessary to complete and expand the existing 1 loop system of the City. Minor trunk lines and service laterals will extend off of this system and should be designed at the expected time of construction. Additional facilities such as elevated storage tanks are sited at the existing water treatment plant on Walnut Avenue to take advantage of the existing space available, the elevation and the nearness to existing facilities. ' 5-6 '•yam .S.. .•'�. I - • � L CITY OF RUNTSVII,IE.TE XASN•N..................... ..'..... COMPREHENSIVE PIAN " Map 5-1 FUTURE WATER DISTRIBUTION SYSTEM ' IZEXISTIRQ. 1Z.Ig105ED N1w Sanitary Sewage Collection System The existing sewage collection system is divided into two primary 1 systems. One system, basically the area north of 22nd Street, is served by the A. J. Brown Wastewater Treatment Plant located to the north of the City along Parker Creek. The second system, servicing basically the area south of 22nd Street, is served by the N. B. Davidson Wastewater Treatment Plant located to the south of the City along Persimmon Creek. The routing of sewer lines is much more difficult than the layout of water lines due to the necessity of carrying sewage by gravity. Water must be delivered under pressure, therefore mains can be laid on rising grades with few limitations. In the case of sewer lines, waste is ' released from the home or other sources by gravity and the main must slope continuously downhill. The only modification possible is to collect sewage at the low point and pump it to a higher elevation, ' usually across a ridge, for further gravity flow. No service connections, or course, can be made to the force mains. The gravity flow problem is the primary factor in locating treatment plants downstream from the major sewage source. Huntsville's two wastewater treatment plants each serve several watersheds. It is, therefore, necessary to lift sewage into the drainage area of each plant by way of sewage lift stations. Presently, the City operates 21 lift stations; 8 serving the treatment plant to the ' north of the City and 13 serving the south plant. The necessity for tlift stations in the collection system creates a maintenance problem. 5-8 1 Regular inspection and periodic repairs are required for any operating mechanism such as pumps. Due to the nature of the waste being pumped, sewage lift stations are particularly critical from a maintenance ' standpoint. The rough terrain and combination of watersheds within Huntsville renders it impossible to eliminate all lift stations; ' however, their number should be kept as low as possible. The City has just completed a major construction project to provide sewage service to all areas inside the City limits served by the north plant. A second project will soon provide sewage collection to the recently annexed New Addition area. Although there are a few small areas within the City that are not served by sanitary sewer, by far the majority of residents have sanitary sewer service. If projections for the future are correct, a problem will likely occur as development continues to the West of I-45. This area, which is where much of the future residential development is expected, cannot economically be connected to either of the two existing treatment plants. Without a central sewage collection and treatment system, it is likely that development in this area will be very low density to allow the use of individual septic tanks. It is recommended that the City undertake a more detailed analysis of this problem with the intention of determining the advisability of construction of a third sewage treatment 1 plant in the near future. 5-9 Problems .in the Existing Collection System The general review of the water distribution system discussed earlier also included a review of the problems in the sewage collection system ' of the City. The major problems identified by this review are: (a) an aging infrastructure; (b) inadequate sizing of lines; and (c) infiltration/inflow of ground water and storm runoff into the system. Future Sewage Collection System The future collection system that will be needed is shown on MAP 5-2: FUTURE SANITARY SEWAGE COLLECTION SYSTEM. This system concentrates on the major trunk lines (outfall lines) required to transport the sewage to the treatment plants. Individual lateral and service lines which provide direct service to a structure should be designed at the time of 1 proposed construction. Due to the limitation of this study, MAP 5-2 !� provides a proposed facility system only for the A. J. Brown Wastewter Treatment Plant. For more detailed information concerning these facilities, refer to FACILITY PLAN, JUNE 1976 by Wisenbaker, Fix and Associates. 5-1U < Z A.anowR }; \ w 9TEWATFR P ANTMFNT \�0 � �aE r/tl• R<NT C'.- LIFT STATION'E'. da/ 'ill Li its UFT STATION'F' ItA - X. X 'Q °�;•'ISL• LIFI TATION'H' [ — MAP 5-2 1 r FUTURE SANITARY SEWAGE GRAPHCOLLECTION SYSTEM IC SCALE-Feel I I J\v `F.le F LEGEND- EXISTING SEWER LINES 5� \ �•FUTURE SEWER LINES LIFT STATION'G' ---_FORCE MAINS GENERAL RECOMMENDATIONS 1. It isrecommended that the City revise its existiny utility extension policy to make it more comprehensive in nature. Specifically, it should provide the process by which all utility extension agreements between individuals and the City are followed. It should be designed to be used both by the individual to obtain water for one residence or business or by a developer. ' 2. It is recommended that the City initiate and maintain a utility easement maintenance program. 3. It is recommended that the City adopt MAP 5-1: FUTURE WATER DISTRIBUTION SYSTEM as the conceptual plan for the water distribution systemof the City. 4. It is recommended that the City adopt MAP 5-2: FUTURE SANITARY SEWAGE COLLECTION SYSTEM as the conceptual plan for the sewage collection system of the City. r5. It is recommended that the City undertake an individual study of each drainage basin within the service area of the City to determine future sewage service levels and an approximate timetable for providing such services. Included in each study should be an analysis of the ' ability of the drainage basin to sustain a sewage treatment facility. 6. It is recommended that the City adopt and implement, through a 5-12 1j 1 Capital Improvements Program, the projects listed in the following capital needs inventory. Included in this list is a prioritization of 1 each project and a generalized timetable for completion. 1 1 1 1 1 1 1 1 1 1 b-13 ' CAPITAL NEEDS LIST: WATER FACILITIES ' Priority Description 1 2 Million Gallon Elevated Storage Tank (including Engineering and Property Acquisition) 2 Reconstruct Automatic Valve Station and Control System on South Sam Houston Avenue 3 Replace the 8" water line running along Hwy 75 S from Old Phelps Road to Sycamore to Water Plant with a 12" line and construct a 12" water line parallel with Montgomery Road (Possum Walk) from South Sam Houston Avenue to Elks Drive, then parallel to Elks Drive to IH 45 4 Complete 12" water line loop system running along: ' (a) Highway 2821 (247 E, 1625' have been installed from 247 to Avenue F; (b) State Highway 19 (East Loop) from Old Colony Road south to Hwy 75 S; (c) I-45 (16th Street to Hospital); (d) Avenue F (7th Street to 2821); (e) 16th Street (Sycamore to 405); (f) 75 N to Moffet Springs Road. 5 Install valves at various locations within the system as indicated by mapping program. It is suggested that the valves be prioritized in groups of ten. 6 Construct a 12" water distribution line along Avenue M from 13th Street to 17th Street and along 17th Street from Sam Houston Avenue to Avenue 0 1 5-14 1 1 CAPITAL NEEDS LIST: SEWAGE FACILITIES Priority Description ' 1 Undertake an infiltration/Inflow study for approximately 80,000 feet of sewer lines and ' manholes in South Huntsville. 2 Additional drying beds and clarifier at South t Sewer Plant. 3 Easement clearing equipment. ' 4 Replace Club Lake Lift Station; Modify pumps at College Farm Lift Station. 5 Replace sewer line on Town Branch from 18th Street ' and Avenue P 1/2 to 11th Street at Parker and Park Real Estate. ' 6 Sewer line replacement through Sam Houston Park between 17th and 19th Streets. ' 7 Sewer line relocation and drainage correction in College Farm. 8 Sewer line replacement on 13th Street between Avenue 0 ' and Avenue M. 9 Renovation of various lift stations: ' (a) Lift Station on Hwy 190; (b) Lift Station in Rustic Pines Mobile Home Park; e (c) Lift Station in Big D Mobile Home Park 10 Install sewer service to West Cline Street (off Montgomery Road). , 11 Dismantle North Sewer Plant. 12 Provide Sanitary Sewer Service to Fish Hatchery area ' 5-15 ' VI HOUSING PLAN INTRODUCTION ' It is the scope of this plan to inventory and analyze the various types of housing available and to recommend implementation strategies to ensure a sufficient supply of adequate housing for all residents of the City. Housing Nomenclature Concept of Adequate Housing For the purposes of this plan, the definition of adequate housing is twofold. On one hand, adequate housing can be defined purely in terms of shelter. That is, housing as a building designed to provide shelter from the elements which should, at a minimum, be safe and sanitary. The terms ' safe and sanitary relate to the following characteristics of a structure: (1) Structural soundness ® (2) Availability of hot and cold running water (3) Heating facilities ' (4) Electricity (5) Windows (minimum number per square foot) (6) Indoor bathroom facilities (7) Indoor toilet facilities (8) A minimum square footage per person (9) A minimum number of bedrooms per number of persons. 6-1 1 On the other hand, adequate housing can be defined as part of the ' "total living environment". In this context, housing is perceived as a part of the total social and cultural conditions that influence the life of , an individual, family or community. This approach attempts to define adequate housing not only in terms of the unit itself, but also in terms of the block, the neighborhood, and the community in which the housing unit is ' located. Certain amenities that have been identified as necessary for adequate housing in this sense are shown in Table 6-1: HOUSING AMENITIES. Table 6-1 ' HOUSING AMENITIES Amenities 1 Amenities Available within a Available to Site Reasonable Proximity ' (1) Trash/garbage collection (1) Parks (2) Street maintenance (2) Schools (3) Police and Fire protection (3) Shopping areas ' (4) Water and sewer facilities (4) Employment centers (5) Other utilities (5) Health facilities t In order to ensure desirable economic growth and stability in the community, housing which fits both aspects of this definition should be ' made available for all economic levels within the community. t Types of Housing ' Huntsville offers a variety of housing types and ownership patterns. For the purpose of this plan, existing housing has been divided into three 6-2 1 general categories: public housing, private housing, and commercial 1 housing. These categories are defined as follows: ' (1) Public Housing - Any federal or state owned and operated or assisted housing. (2) (2) Private Housing - Owner Occupied housing or housing operated by non- profit organizations. (3) Commercial Housing - Any housing run for profit of the owner on a lease or rent basis. Furthermore, each of these three divisions may be subdivided into multi- family, single family detached, and single family attached housing. These subcategories are defined as: A (1) Multi-family - any residential structure containing more than one living unit according to code standards with common wall construction, common utilities and recreational amenities. (2) Single family detached - any residential structure containing one living unit by code standards without common wall construction to another living unit and with individual utility hook-ups. (3) Single family attached - any residential structure containing more than one living unit with common wall construction according to code standards but with individual utility hook-ups. A diagram of housing types can be seen in Figure 6-1. 6-3 Figure 6-1. DIAGRAM OF HOUSING TYPES Public Housin 'Commercial Housin Private Housin Sin le Famil Detached Sin le Famil Attached M lti-Famil 1) Single Family Home 1) Dormitories 2) Mobile Home 2) Nursing Homes ' A 3) Half-way Houses 4) Apartments 7Quadruplex 1 A Ownership As may be seen by the definitions of housing types, ownership of the residential structure is of major importance. As often as not, though, ownership is not lodged with the occupant or occupants. Discussion of the ownership of housing, or real estate, refers to the possession of the land, A the buildings thereon and anything permanently affixed to the land and/or buildings. AThe advent of mobile home or manufactured housing ownership has led to the development of Mobile Home Parks; commercial sites specializing in the rental of space for a residential structure which may be privately owned Aand, as the name implied, mobile. A Mobile Home Park is considered to exist wherever a parcel or tract of land is used for the rental occupancy A of two (2) or more manufactured or mobile homes. Due to their flexibility, Amobile homes may be located in mobile home parks or on privately owned land. Additionally, they may serve as the residential structure of the Aowner or as a rental unit. AOne concept of real estate ownership experiencing increasing Popularity is the condominium. A condominium is defined by Texas State AStatute as a form of real property ownership that combines separate A ownership of individual apartments or units with common ownership of other elements. A 1 1 6-5 1 Analytical Framework , To determine the adequacy of Huntsville's housing, a sample survey inventory of existing housing and a housing market impact analysis was conducted in the City. The inventory of existing-housing consisted of the ' following: , (1) Number of structures (2) Number of units (3) Number of vacancies (4) Type of ownership ' (5) Location (on map) (6) Rent values (7) Peak capacity ' (8) Presence of Public Services (9) Condition of housing ' Additionally, the results of a Housing Market Analysis, based in part , on the existing housing inventory, is included in this plan. The market ' analysis considered the impacts of demographics, housing affordability, historical and current housing trends, and future housing needs of various housing types. A more in-depth analysis.of the future housing needs for ' Huntsville may be found in the Housing Technical Report, Huntsville Planning Department, March 1984. The information in this document is not ' as accurate or as current as staff would like it to be. 6-6 EXISTING HOUSING Public Housing This section encompasses a discussion of federally assisted housing and housing furnished by Sam Houston State University and the Texas ' Department of Corrections. Included in this discussion will be the impacts associated with each type of public housing. Federally Assisted Housing The Citizens of Huntsville have access to two kinds of federally assisted housing funded through two programs of the Department of Housing and Urban Development. These programs are identified as Section 8 and Section 23 housing which provide 150 and 100 units, respectively. All of these units have access to City public services. As of January 1983, both programs were 100% occupied, with 216 of 250 units located within the City limits (see Map 6-1). As recently as the Summer of 1982, however, the Section 8 program was not at capacity, making it impossible to receive an additional allocation Aof units when the Walker County Housing Authority applied in the Fall of 1982. Expansion of the Section 23 facility is not possible according to current DHUD regulations, though there is sufficient land to allow for additional housing units. e 6-7 x iM 1 N t• � • ] HJIh• � w eel N �a3Z v v N N •S • CITY OF HUNTSVIL LE,TERAS COMPREHENSIVE PLAN 4 MAP 6-1 FEDERAL ASSISTED HOUSING Date: January, 1983 •-WATKINS-CLARK Source: Huntsville Housing Authority *-SECTION 8 Walker County Housing Authority ® Sam Houston State University Out of a total student population of 10,470 in the Fall of 1982, 2,032 ® commuted to school, 3,587 to 3,688 lived on campus (depending on the number of students in on-campus married student housing); and approximately 4,750 ® to 4,851 students lived off campus (but in the confines of the Huntsville area). There were 37 buildings to house the single students on campus and two married student housing complexes. Married student housing consisted of 5 buildings with a combined capacity of 101 units. During the Fall of 1982, they were at 100% capacity, resulting in a minimum of 202 persons occupying the units. 1 All of the housing facilities on campus have access to City public services. In addition, the campus itself provides one of the largest amenities within the confines of the City since it is one of the centers of fine arts and culture for the surrounding area. Off campus student housing impacts the private housing market of Huntsville in the following ways: (1) Those rental units closest to campus will generally reach 100% occupancy first. (2) Students desiring to live alone will generally live in the cheapest or the most expensive housing off campus based on income; those in the cheapest housing will impact on the idigenous low and very low income ' rental population. (3) Those wishing to live in the high cost rental units will live at the maximum density allowable. 6-9 (4) Off campus housing will impact all spectrums of the Huntsville rental housing market but the greatest impact will be the lower income rental housing market. 1 During the year 1982, Sam Houston State University adopted a Master Plan for construction and demolition of University facilities to be utilized as a guide through the year 2000. As part of the master plan, ' there are several housing facilities that will be demolished and later be replaced by the construction of two 1500 bed facilities. At the completion t of the demolition and construction projects, Sam Houston State University will be able to house 3,294 single students in University owned facilities ' and a maximum of 202 married students. ' Due to the demolition of existing housing facilities, the master plan ' impacts the housing market of Huntsville. An additional 715 housing units will be needed by 1994 to accommodate the relocation of students ordinarily ' housed on campus in the preceding 10 years. In addition, to accommodate off campus student housing for the year 2000 another 624 housing units are ' needed beyond the 715 built to accommodate the impact of the master plan. Texas Department of Corrections Limited housing is provided for the Texas Department of Corrections t (TDC) for its employees. What facilities exist consist of 5 dormitories, a ' mobile home park, and individual single family attached and detached homes. ' Quantification of the impact of TDC on housing in Huntsville is virtually impossible due to the following conditions: , 1 6-10 (1) The number of housing units provided by TDC for its employees is. available. However, no figures exist on the number of of persons who live in the dwellings or whether more than one member of the household 1 is a TDC employee. (2) Although the total number of TDC employees in Walker County is available, the residence statistics of the employees are not available. Many of the TDC employees listed as working in Walker County live outside the city limits of Huntsville and others outside the county. No information is available to attempt an estimate of the breakdown. An assumption concerning the recent expansion of the TDC work force can be made. The assumption is that, at least in the short-term, the new employees will seek rental units for dwelling purposes. This is likely to create a great demand for apartment construction. However, in the long term, as TDC stabilizes its work force in Walker County and the existing employees seek permanent housing, the demand for rental units by TDC employees will drop sharply. Commercial Housing The Commercial Housing section will entail a discussion of Apartment Complexes, Mobile Home Parks, Nursing Homes, a Half-way House, and miscellaneous rental units. 1 e 0 6-11 Apartment Complexes ' A survey of 31 apartment complexes, containing approximately 2,507 housing units or 38% of the total estimated housing units available in ' Huntsville, was made in 1983. The rents in the various sample apartment complexes vary according to the square footage of living area in each unit and the number of utilities the tenant is required to pay in addition to rent. Typically, the location of an apartment complex determines its clientele and peak occupancy periods. For example, those complexes nearest ' to the University usually have a slump in the summertime due to the decrease in the student population. All of the complexes surveyed had , access to the City utilities and public services. In most cases, these complexes are also located in proximity to shopping centers, entertainment ' facilities and restaurants. The general locations of these complexes are ' depicted on Map 6-2. From January 1, 1982 to January 1985, building permits for approxi- mately 1140 apartment units were issued. Local professionals in real 1 estate, finance, and other housing related industries attribute the increase in the building of apartments to the following: ' (1) Demolition of dormitories on the Sam Houston State University campus, ' in accordance with the University Master Plan. (2) Expansion of the Texas Department of Corrections Ferguson and Ellis i Units, plus the additional employees needed to comply with Justice William Wayne Justice's order on reducing the guard to prisoner ratio. (3) Developers believe the City is entering an accelerated growth period ' though the peak may not be realized for several years. 6-12 z • I w •• .' r 1 CITY OF HUNTSVILLE.TEXAS COMPREHENSIVE PLAN Date: August 2, 1983 M A P 6-2 Source: Huntsville Planning Department LOCATION OF SAMPLE APARTMENT COMPLEXES 1 1 According to Professional Builder magazine, two additional reasons for increased construction are: , (1) Creative financing and the strong interest in apartments from tax- shelter syndications are driving the rental market with little regard to short-term demand. ' (2) Apartment construction is proceeding in many overbuilt Sunbelt markets , in expectation of long-term market growth, the eventual undoubling of households, and many more households being locked into rentals because of high purchase costs. Whatever their reasons, builders and developers foresee a need for an increase in apartment housing in the Huntsville area. The impact of these ' new apartment complexes on the rest of the housing market is hard to quantify at this time, but from information received from other cities experiencing an "apartment glut", the following may occur: ' (1) Older complexes may go through extensive renovation in the near future ' or lower their rents in order to compete. (2) There may be a decrease in apartment permits in the future until the ' market adjusts itself. (3) The majority of future investment in apartment complexes may be from out of town investors. ' (4) Apartment complexes may have vast advertising campaigns offering special deals. (5) High rate of bankruptcy or defaults. (6) Little impact on the single family detached home market (interest ' rates are having the most impact). ' 6-14 (7) Some effect on the mobile home rental market depending on the number tof residents preferring apartments over mobile homes. (8) Older complexes, due to lowering rents, may enter into the lower income rental market (possible substandard housing problem). Mobile Home Parks There are 36 licensed Mobile Home Parks (MHP's) in Huntsville providing a total of 817 rental spaces. The rents in the various MHP's vary according to the following: square footage of living area in the mobile home, number of utilities the tenant is required to pay in addition to rent, and if it is a space rental versus a space and mobile home rental. The location of the MHP's determines in part their clientele. (See Map 6-3) Their clientele consists of single college students (comprising the smallest percentage), non-student single adults, and families which may consist of students or non-students. The majority of the MHP's have accessibility to all public services and utilities. Proximity to parks, schools, shopping centers, employment centers, and health facilities varies according to location. Since 1980 there has been an increase in the number of Mobile Homes locating in the City. This increase can be attributed to the following factors: (1) Existing Mobile Home Parks annexed since 1980; (2) 126 mobile home rental spaces have been created since 1980 in licensed ' MHP's. 6-15 z • • m rn .' • • N CRY OF HUNTSVILLE,TEXAS COMPAMNSIVE PLAN MAP 6-3 Date: September 30,,1983 LOCATION OF SOME Source: Huntsville Plonning Department MOBILE HOME PARKS (3) All single-wide mobile homes and the basic double-wide model can be purchased for under $50,000. (4) Availability of 30 year FHA financing for permanently sited structures constructed to Department of Housing and Urban Development's Manufactured Housing Standards. Nursing Homes Huntsville has three nursing homes: Fair Park Nursing Center, Green Acres Convalescent Center and Ella Smither Geratric Center which have a total capacity of 416 beds (for their locations refer to Map 6-4). All three facilities admit private paying as well as Medicaid patients. Neither Fair Park Nursing Home nor Green Acres Convalescent Center offer skilled nursing care except on a case by case basis with approval by the State Health Department. Both of these facilities have licensed Vocational Nurses working 24 hours a day and have access to all public utilities and ' services provided by the City. They do not have any specific amenities nearby but both facilities provide recreational and entertainment activities with the cooperation of local organizations. The Ella Smither Geriatric Center does provide skilled nursing care and is housed in the renovated Ella Smither Building which will have access to all City utilities and public services. Town Creek Park is within walking distance as well as the downtown market area. 6-17 rn ' i uo i N CRY OF NUNTSVLI11AXAS COMPFCHEN/N{PLm MAP 6-4 LOCATION OF NURSING HOMES Date: January, 1985 Source: Huntsville Planning Department Half-Way House The City has one half-way house within its City limits. The half-way house is a private/non-profit corporation called the Next Step, Inc., ® created early in 1982. The half-way house provides an environment in which prison parolees may be "eased" back into the free world. All City public services are available to the facility. It is within walking distance of a esmall grocery store and several churches. Clientele of the half-way house are Texas Department of Corrections parolees. Their placement in and release from the half-way house is determined by the Texas Parole Board. There are no plans for expansion of the existing site, but there are plans 1 to relocate the facility to private property near the new Ellis II Unit. Miscellaneous Rental Units 1 Miscellaneous rental units would be inclusive of all rental housing types not previously discussed exclusive of shared owner occupied housing 1 by unrelated individuals. There is no documentation on the 1980 Census on this type of shared housing. Based on 1980 Census of housing data and the above definition, 39% of Huntsville's rental housing units are within the 1 misellaneous rental unit category. There are five housing types under this category: single family detached, single family attached, duplex, triplex, and quadruplex. Three general conclusions can be drawn relating to miscellaneous rental housing in Huntsville: (1) The second largest portion of rental housing is provided by the single family detached housing type. 6-19 (2) Of the existing single family attached, duplex, triplex and ' quadruplex types of housing in Huntsville, only approximately 12% are t owner occupied. The owner occupied consist primarily of the single family attached housing types, such as townhouses. , (3) Since these units are located within the city limits, most of the ' units have access to public services, such as fire and police protection and garbage collection. ' Private Housing ' Private housing is owner occupied housing. By definition, this also ' includes group housing owned and operated by a non-profit organization; although, at the time of this writing, there is no known group housing which meets the definition in Huntsville. Therefore, the following ' discussion will pertain to owner occupied single family housing only. All types of housing are represented under owner occupied single family housing. The two major types are single family detached and mobile homes. Single family detached housing comprises 75% and mobile homes 20% t of owner occupied housing. In addition, 69% of all single family detached houses and 71% of all mobile homes within the city limits of Huntsville are ' owner occupied. Reasons whythe single family detached t ' 9 y type of housing is the most popular form of owner occupied housing are: ' (1) provision of land ownership in a variety of sizes; ' (2) privacy; (3) tradition. ' (4) financial benefits (appreciation, income tax advantage, etc.) 6-20 e 1 Reasons why the mobile home type of housing is the second most popular form of owner occupied housing are: (1) provision of land ownership in a variety of sizes; (2) privacy ' (3) cost (4) financial benefits (but to a lesser extent). Admittedly, a major portion of the mobile homes in the City are in mobile home parks, which do not provide land ownership or privacy. However, the goal of most of the owners of mobile homes in parks is to purchase land as soon as possible and relocate. The other types of housing which may be utilized as single family owner occupied are single family attached, duplex, triplex and quadruplex. Each of these types of housing have common walls between units and may be owned through condominium ownership. Since 1980, there has been an increase in the building of condominiums. It is likely that these structures will consist of a mixture of rental and owner-occupied units. 1 Developers interviewed felt this type of real property ownership would be successful in Huntsville because it: 1 (1) provides an alternative for affordable individual home ownership; (2) provides an alternative housing source for Sam Houston State University students by giving their parents and/or relatives an opportunity to invest in a condominium during the duration of the ® student's tenure at school and then selling or renting the unit ® afterward; and (3) provides tax sheltered investments. 6-21 __� Private housing is fairly well distributed over the entire City. As a ' result it is difficult to pinpoint the specific factors influencing location of the housing in regard to public facilities and service such as ' public utilities, parks, schools and shopping centers. These factors are, however, all readily available within the City as are such services as fire ' and police protection and garbage (sanitation) pickup. Substandard Housing Substandard Housing is a condition that pervades all cities and all types of housing. Huntsville is no exception. Between 4% and 6% of the total occupied housing stock in Huntsville can be classified as substandard according to the 1980 Census of Housing. This statement is based on the following data pertaining to occupied housing units: 1 (1) 287 have no bathroom or just a half bathroom; (2) 87 lack complete kitchen facilities; and , (3) 27 lack hot water. In addition, approximately 9% of the vacant housing units can be classified as substandard. This was determined based on the fact that 60 ' of the vacant housing units had "no bathroom or only a half bathroom". ' Therefore, it may be concluded that approximately 5% to 6% of the total housing stock in Huntsville is substandard. Percentage ranges are given ' because there is no way to ascertain the amount of overlap in the deficiencies. ' 6-22 ' Based on Table 6-2, those neighborhoods with the highest substandard 1 housing units are: Code No. 017, Code No. 005, and Code No. 019. The other neighborhoods are equal to or less than the overall City substandard housing percentage of 6%. Map 6-5 shows the locations of the neighborhoods as well as their comparative substandard housing concentrations. Two of the neighborhoods designated above, Code No. 005 and Code No. 019, have high concentrations of low income minority populations. As a result, these areas are likely to retain a high percentage of substandard structures unless aid through federal programs is available to the City and strict ' code enforcement is exercised in dealing with vacant, dilapidated housing. HOUSING MARKET ANALYSIS The Housing Market Analysis will be based on statistical information found in the Huntsville Planning Information Document (HPID), the 1980 1 Census Data (U.S. Bureau of the Census), and information from the Texas Real Estate Research Center. There were two major problems with data accuracy involving the 1980 Census and the Huntsville Planning Information Document. First, both sources are using statistical information that is four years old. Second, neither data source was able to definitively separate the SHSU student population from the indigenous population when discussing demographics. Therefore, the information contained in both documents is not as accurate or as current as staff would like it to be. 6-23 Table 6-2 NEIGHBORHOOD SUBSTANDARD HOUSING CHARACTERISTICS OCCUPIED HOUSING Number with Number which Number No or Lack a Code No. Only aHalfoBath Complete Kitchen HotcWaterk SRangend%a;d 002 6 6 0 2%-3% 004 0 13 0 5%-3% 005 46 18 18 16%-20% 008 8 11 0 4%-5% rn a 011 6 4 0 2%-2% 012 8 0 0 3%-2% 014 0 5 0 017 156 5 0 54%-40% 018 18 0 0 6%-4% 019 39 25 9 10-18% City Total 287 87 27 r---� _.-----.---------.-._ _ � j NUNIS VI{{f 1 1 1 • 019 i \ r 1 1 0f7 CITY OF NUNTS Vf.LE,TEXAS COMPREHENSIVE PLAN 1 MAP 6-5 SUBSTANDARD NEIGHBORHOODS RANKED MOST TO LEAST SUBSTANDARD 1 3 1 4 Date: April, 1980 5 Source: 1980 Census Data Neighborhood Statistics 1 6 Program t E-O5 The objective of the Housing Market Analysis was to project existing trends in housing to the year 2000 and estimate the impact of these trends ' on housing and the community. It contained a discussion of demographic characteristics, housing affordability, historical and current housing , trends and an estimate of future housing needs. ' Demographic Characteristics e Age Groups The three age groups most likely to have an impact on housing built over the next twenty years are those persons in the following age groups (cohorts), 18 to 29, 35 to 45, and 65 years of age or over. The 18 to 29 year old age group impacts housing in Huntsville to a great extent because ' the University student population is a large segment of this group. Over half of the University population lives off campus but resides in ' Huntsville. Therefore, there is a large demand for rental units. The number of persons per rental unit is usually at the maximum allowable by ' law to reduce occupant cost. As a result, off campus student housing can be characterized as rental in tenure; with structural design spanning multi-family to single family detached in design. Multi-family housing is e usually the high density variety with an emphasis on amenities, such as swimming pools, tennis courts, party rooms, and high technology kitchen conveniences. If single family detached, the housing will, typically, barely meet present building codes and be small in size with low rents. 1 Those 18 to 29 year olds that are not in college will tend to take on the housing characteristics of the 35 to 54 year old age group. 6-26 The 35 to 54 year old age group are projected to triple by the year 2000 which will account for the majority of the growth in population. Housing for the 35 to 54 year olds can be either rental or owner occupied in tenure and be of multi-family or single family detached design. Since this age group tends to be more settled in nature, the deciding factors on the type of housing are income, family size, lifestyle and personal preference. The types of housing and amenities to be built should reflect the trends in family characteristics at the time of construction. The 65 and over age group impacts housing in Huntsville due to their special needs. Housing for the 65 and over population group may vary from rental to owner occupied and structurally from single family detached to multi-family dwellings. Elderly persons in good health at the time of retirement will most likely live independently, whether they own their own home or rent. Those that are physically or mentally incapable of living by themselves either live with relatives or in nursing homes and retirement centers. There are three existing nursing homes in Huntsville. If all three nursing homes are still in operation in the year 2000, they should be able to accommodate all the elderly in need of the facilities. Housing for the financially incapable or those on fixed incomes is also a major problem since 2% of the total population and 21% of the 65 and 1 over population are below poverty level. If these percentages remain stable through the year 2000, the City will need a minimum of 282 publicly assisted housing units just for the elderly. 6-27 A variety of methods are available for providing housing for the ' elderly such as home equity conversions, shared housing, accessory apartments and Federally assisted housing. Home equity conversions allow an elderly home owner who has paid off the mortgage on his house to convert ' the equity of the house into cash to be paid in lump sum or monthly installments for a specified period of time. This enables the homeowner to ' do the necessary maintenance on the home and create an income supplement over a period of time. Shared housing involves the matching of elderly ' homeowners with elderly tenants. Each person in the house has a separate bedroom. This provides shelter for renters with fixed incomes and supplemental income for the homeowner along with the added benefit of ' companionship. Shared housing is usually organized by private non-profit agencies. Accessory apartments are separate, complete housekeeping units t that are substantially contained within the structure of a single-family ' unit, but can be isolated from it. The local government can make shared housing and accessory apartments available by accommodation through the ' regulatory building process. Publicly assisted housing is often Section 202 housing which is funded through a federal program and is utilized for ' elderly and handicapped. Presently 41 units of Section 202 housing are ' proposed for construction in Huntsville. Household Characteristics Family size in Huntsville is approximately 2.38 persons per dwelling , unit. There are more married couples without children than with children. ' A growing faction of single parent families as well as single person 6-28 ® households is being realized in Huntsville. Households of unrelated individuals appear to be popular but this seems to be an impact of the university student population rather than a change in household ® characteristics. ® Income ® Of all the factors involved in determining the types of housing to be built, income appears to be the most significant. For example, a household in Huntsville earning the median annual income (in 1979, $11,171.00) to qualify for a 95% home mortgage loan, no additional long term debt (a debt fpayment schedule greater than 10 months) can exist. If the example household could qualify for a loan, the maximum affordable monthly mortgage payment would be $227.90 per month. A monthly mortgage payment of approximately $227 per month allows for the purchase of a home priced at approximately $19,000. If a "stick built" house was not available which met their needs, the mobile home market or rental housing market would be ® their only viable alternatives. If the example household turned toward the rental market for shelter, they could afford a rent of $279.28 per month. There was a large deficiency of existing housing units with the monthly rent or mortgage payment range less than $239.00 as of 1980. As a result, 23% of the total households in Huntsville as of 1980 appeared to tpay more than 30% of their gross monthly income for a rental unit and may not have been able to purchase a house. There is a slight deficiency in the number of housing units in the monthly rent or mortgage payment range of $500.00/month or more but this deficiency is absorbed by the surplus of housing in the $240 to $438 monthly rent or mortgage payment range. 6-29 Therefore, the possibility of the example household with its $11,171.00 annual income finding a standard quality "stick built" or rental unit ' within their price limitations was slim in 1980. The majority of the-new construction since 1979 has been of rental ' tenure. It has not alleviated the deficiency in the monthly rent , or mortgage payment ranges less than $239.00, but it has created a sufficient number of vacant units costing more than $239.00 a month which will still necessitate the same 23% of the total households to expend more ' than 30% of their gross monthly income for rent. As a result, the possibilities of the example household finding a standard quality "stick built" or rental unit within their price limitations is still slim or none. The lower the household annual income below the median, the harder it was to qualify for loans or afford rents. Therefore, a large percentage of , those households earning below the median income who already own a house ' with small or no mortgage payments will not relocate regardless of the condition of the house. If limited income prevents standard home maintenance, deterioration may result in another structural contribution to the substandard housing problem. , A significant segment of those households with incomes below the 1 median income are 125% or more of poverty level. Approximately 977 households were found to be in need of some form of assisted housing but only 250 assisting housing units were provided through the local housing authorities. This left 727 households in need of some sort of assistance. Of the 977 households, 570 of them have individuals in the household qualifying for inclusion in the labor force. 6-30 , 1 Employment Opportunities The economy of Huntsville is, for all intents and purposes, the same eas the economy of Walker County. Therefore, the unemployment rates for Walker County are a reflection of Huntsville's unemployment rate. Walker County's unemployment rate has remained close to 3% since 1980 and ranks #3 ' for the lowest unemployment rate in the Houston-Galveston Area Council region. According to the Texas Employment Commission's (TEC) Huntsville representative in December 1983, employment opportunities are needed for unskilled labor and more recently for skilled labor for both sexes. More likely, this latter group consists of those laid off by oil related industries. ' The TEC also recommended that a Job Training Program would be of real benefit for first time job applicants and for those individuals in transition between jobs which utilize different skills. Solving the lack of employment opportunities for skilled and unskilled labor would be helping to implement a program to provide affordability of housing to those below the poverty level. Housing Affordability Rising housing cost is apparently the biggest and certainly the most publicized factor contributing to the affordability of housing. Local figures indicate that Huntsville is no exception to this trend. Though it is difficult to obtain accurate current and historic information on the sales prices of local housing, various other sources do suggest trends. For instance, the residential building permit information maintained by the 6-31 City reveals that the average value of a new single family residential structure has increased from $27,653 in 1973 to $59,560 in 1982. This dramatic increase is heightened by the fact that these figures are still not actual sales prices, nor do they include land costs. When compared to regional and national trends the local housing costs are somewhat less than the national average. Estimated average value of existing housing in Huntsville has climbed from $7,900 in 1960 to $13,000 in 1970, and to $46,309 in 1980. Though the estimated value of existing ' housing may be somewhat low due to the owner's underestimation of value, these trends are consistent with those for the cost of new housing. It does little good to discuss soaring prices without examining the factors behind this phenomenon. Two distinct types of factors involved are: (1) basic housing components, such as land,labor, material and financing , have grown more costly due to inflation; and (2) consumer preference. With regard to the basic housing components, the greatest increases have generally been with associated costs such as land, taxes, financing, insurance, utilities, maintenance and repair rather than with labor and material. Consumer preference in single family home buying seems to be a , quarter acre lot or more with a three bedroom 2-1/2 bath home of one or two stories. This seems to be true even with the decrease in persons per , household. Couples are buying for investment and use extra rooms for guest bedrooms or hobby rooms. There are very few in Huntsville, however, that can afford this type of house. 1 6-32 Historic and Current Housing Trends Historically, the single family detached house has been the most popular form of housing constructed in Huntsville. After 1960 the impact of this type of housing on the market significantly decreased, however. Although multi-family housing has always been available in Huntsville, its impact on the Huntsville Housing market remained relatively stable through the 1970 census. From 1970 to 1980 the number of multi-family units doubled due to an increase in the off campus student population and a migration of persons to the Huntsville labor force. This growth trend in multi-family housing units has continued since 1980L 1 Reasons for this growth trend are: (1) Impact of SHSU Master Plan. (2) Expansion of TDC Prison Units and Personnel. (3) Interest in apartments from tax shelter syndicators. (4) Growth of single person and single parent households. (5) More households being locked into rentals because of high purchase 1 costs. ' The trends in renter versus owner occupied tenure are hard to predict because of the many variables involved. Thus, tenure status seems to be directly related to economics as well as availability of housing in specific income ranges and length of stay in town. The new multi-family ' housing is not entirely rental in tenure. There is an increasing interest 1 in condominium ownership. This is consistent with the City's Land Use Plan which projected residential development inside the city limits to consist 1 6-33 largely of medium density to high density multi-family building types such as townhomes and apartments under rental or condominium ownership. Factors ' contributing to this trend are the high cost of providing water, sewer and street facilities, high land values, building construction costs, financing problems and the lack of easily developed land. The manufactured home, as a viable alternative to single family detached housing, has just entered its prime. The prices of manufactured housing present a viable alternative to home ownership for those earning less than $20,000 annually. It is safe to assume that the manufactured home will remain a popular form of housing in Huntsville as long as high , interest rates, high construction costs and high land costs continue for single family detached housing development. ' Future Housing Needs ' Having discussed existing housing and current trends in housing, it is ' appropriate to turn to the provision of future housing. In order to undertake such a task, some limitations must be understood. First, the projection is geographically limited to the City limits of Huntsville as it ' existed after the annexations of January 31, 1981. Additionally, all numbers are approximations since any projection has a percentage of error 1 involved. The actual types of housing to be built between now and the year 2000 will depend on the many factors previously discussed such as income 1 levels, land prices, financing levels and demographics. All of these factors are subject to change over the next 16 years. Finally, the analysis is based on the assumption that the existing occupied housing ' stock will remain in service through the year 2000. 6-34 1 1 Figure 6-2: FUTURE HOUSING NEEDS projects the overall number of 1 additional housing units needed to the year 2000. According to this 1 projection an additional 1,885 units must be built to house the expected -future population. Significantly, as a result of the recent spurt in 1 apartment development, most of the housing units needed for 1990 have already been provided. It should be understood, of course, that this 1 should be considered the minimum number ncessary to house the population. 1 Increases in various growth factors may create an even greater demand. Once the projected future needs are known, questions arise as to the 1 specific type of housing which will be provided and whether or not the City can accommodate the additional structures. It is impossible to accurately 1 project the residential structural types which will be built over the next 1 16 years. At best the existing residential mix, in percentages, based on the 1980 Census may be applied to total future housing needs and an 1 estimate obtained of the amount of housing of any structural type which may be provided. The amount of land area needed to accommodate such housing is 1 based upon the current density standards of the City (see Table 6-1, 1 Subdivision Design Standards). Table 6-3: FUTURE HOUSING UNITS BY STRUCTURE CATEGORY provides a 1 summary of the estimated housing needs by housing type based on 1980 1 conditions. According to this table, approximately 1,200 single family residential structures must be built in the next 16 years to provide 1 adequate housing for the expected population. Slightly over 1,000 additional apartment units are estimated to be needed for future occupancy. 1 Since January of 1983 over 1,000 apartment units have been permitted for 1 construction. If apartment construction continues a surplus of apartment 1 6-35 1 Figure 6-2 ' FUTURE HOUSING NEEDS ' 1980 Assumption: Population adequately housed in 1980 ' Population needing housing 15,213 Number of occupied housing units 6,558 ' 1990 Population needing housing: Off Campus Students 7,472 ' Indigenous Population +12,256 Persons per household 1980 19,728 =.2.38 ' Housing units needed 8,289 Existing Housing Units 6 558 ' 3r Residential Permits 5/80-12/80 - 59 Residential Permits 1981 -160 Residential Permits 1982 -437 ' Residential Permits 1983 -738 Residential Permits 1984 -258 t New Construction Needed by 1990 79 e 2000 Population needing housing: Off Campus Students 8,037 Indigenous Population 15,989 24,026 Persons per household =2.38 Housing Units Needed 10,095 ' Existing Housing United 1990 -8,289 New Construction Needed by 2000 1,806 TOTAL ADDITIONAL RESIDENTIAL HOUSING , UNITS NEEDED BY YEAR 2000 1,885 6-36 Table 6-3 PROJECTED HOUSING UNITS NEEDED FOR THE YEAR 2000 ' BY STRUCTURAL CATEGORY Maximum Housing Type Density Additional Urban Residenttiaia ---� l D.U./Acre D.U. Needed Acres (Single Family Detached) 7 1.223 175 Duplex 12 84(3) 7 Triplex/Quadruplex 16 131 8 Apartments 25 1,019(1) 41 Townhouses 15 79(2) 5 Mobile Home 8 300 38 2,836 274 (1) 1,140 Apartment Units permitted between' January, 1982 and January, 1985. (2) 124 Townhomes permitted between January, 1982 and January, 1985. (3) 43 Duplexes or 86 Units permitted between January, 1982 and ' January, 1985. Note: On page 3-36 of the Land Use Section of the Comprehensive Plan, 1 it is stated that there would be 775 acres of additional land needed for residential land use by the year 2000 with no need for annexation if vacant land within city limits is developed. 6-37 1 units is likely. This may pose problems in the provision of other forms of ' housing in the future if rental prices become a factor in competing for ' residents. If current conditions continue, an additional 300 mobile homes may be ' expected to be located in Huntsville. It is likely, however, that mobile ' home residency is likely to continue to expand. If this occurs, the increased use of mobile homes as permanent residences may be at the expense ' of the standard "stickbuilt" family dwelling. ' There is more than enough acreage to accommodate residential development to the year 2000 using 1980 census housing type percentages. Of course, if single family detached housing were restricted to Estate ' tracts, there would not be enough acreage if residential development were confined to the 775 acres previously predicted for residential land use in ' the year 2000. If single family detached housing were on quarter acre tracts, there would be ample acreage if only 1223 units are built. As a result of the economic shifts of the past decade, the housing ' market is in a state of flux. Alternatives to the typical single family ' home are rapidly gaining acceptance in Huntsville. Condominium and townhouse ownership is providing housing opportunity to a previously ' ignored segment of the population. It seems likely that the eventual outcome will be one in which a greater variety of housing types are ' available to the population. ' 6-38 PROBLEMS IN HOUSING A Citizens Advisory Committee appointed by the Mayor of Huntsville met during the spring of 1982 to discuss the problems of existing housing. ® Their conclusions, divided out between long-term and short-term problems are provided in Tables 6-4 and 6-5. Table 6-4 LONG-TERM HOUSING PROBLEMS (1) Lack of collaboration between City and County concerning code enforcement of any kind. (2) Lack of housing for elderly and handicapped on fixed incomes who cannot afford standard housing in light of the elimination of substandard housing. (3) The potential of substandard housing developing as a result of ' haphazard enforcement of ordinances, design criteria, and codes due to political pressure and/or too few staff to adequately oversee the planning and building stages. Table 6-5 ' SHORT-TERM HOUSING PROBLEMS ® (1) Lack of or poor code enforcement and/or too few of the necessary staff members to enforce codes on deteriorating rental units. (2) Lack of or poor quality of public improvements (water, sewer, streets, lighting, etc.) to substandard housing areas. (3) Lack of inspections of single family homes or condominiums to evaluate if they meet City codes upon reselling unless finance agencies demand it or the homeowners request it. 6-39 1 VII CENTRAL BUSINESS DISTRICT Introduction The Central Business District (CBD) is the center of the administra- tive and commercial activities of both the City and the County. ' Presently, these activities expand along two axes; an east-west axis, , or 11th Street, and a north-south axis, Sam Houston Avenue. The original Public Square, site of the County Courthouse, remains the ' principal focal point of the community. The area of greatest density expands out from the Public Square primarily within a two block area on both sides of Sam Houston Avenue and two blocks to the north and ' five blocks to the south of 11th Street. This is the central core of the CBD. ' Administrative activities in the CBD include the Post Office, the City ' Hall, Walker County Courthouse, Huntsville Public Library, Fire , Station No. 1, the Municipal Justice Center and the State Parole Board. Commercial activities include convenience shops, offices, banking establishments, restaurants, barber and beauty shops, dry goods and grocery stores along with service stations, agriculturally ' oriented businesses, automobile repair shops, used car lots, furniture ' stores, appliance stores, building supplies, warehouses and truck, bus and railroad terminals. ' 7-1 1 ' The Central Business District Committee, a group of citizens appointed by the City Council to provide public input into the planning process, recommended establishing the boundaries of the CBD according to physical barriers. The boundaries of the CBD were established, there- fore, as the HISD property to the north, the TDC property to the east, the SHSU campus to the south, and Avenue N to the west. Avenue N was designated as a boundary line due to the belief that the residential neighborhoods adjacent to that street are stable enough to withstand commercial intrusion for the next twenty years (the planning period of this study). Existing Conditions Development in the CBD has followed the usual pattern of municipal- ities whose core areas were developed around a public square. Typically, structures in the core area are small (often twenty-five feet wide) with common walls between adjacent structures. Many structures date to before the turn of the century; only limited modernization of these store fronts has occurred in .recent years. Expanding out from this core area, is a diverse group of buildings; mostly commercial in nature that comprise the bulk of the CBD. MAP 7-1: EXISTING LAND USE graphicly presents the characteristics of development in the Central Business District. As can be readily seen from this map, commercial development is predominate; especially ® 7-2 \ N ISBN , . "EmEsm OWN CENTRAL BUSINESS DISTRICT PLAN LA14D USE CODE MAP 7-1 EXISTING LAND USE CITY OF HUNTSVILLE, TEXAS COMMERCIAL \\ PARK/OPEN SPACE NOVEMBER 1983 RESIDENTIAL � = VACANT SEMII-PUBLIC PARKING LOT ��\ Q adjacent to the main thoroughfares. Towards the northeast and the southwest sections of the CBD, residential land uses may still be ' found. Much of this residential land use, however, is in apartment dwellings. Very limited off-street parking facilities are to be found in the CBD except in connection with the newer structures such as the two banking establishments and the three strip shopping centers; two of which are on Sam Houston Avenue and one on University Avenue. Traffic within and through the area is heavy throughout the day and considerable confusion and congestion is apparent during the business hours due mainly to parking maneuvers, the necessity of having through traffic routed over the principal streets and the concentrated nature of the CBD's building arrangement. Parking practices and policies need to be better related to parking supply and demand and future off-street parking facilities will need to be provided if continued development within the CBD is desired. The central core of downtown Huntsville is, by nature, a pedestrian center. People congregate in this area as they walk from one shop to another and move from one building to another. The method used to guide and transport this foot traffic is the sidewalk system. The existing sidewalk system varies in condition from very good to poor to non-existent. Further, the continuity of the sidewalk system is broken at the intersections with pedestrian/vehicular conflicts. A more efficient linking of the numerous uses and activities in the CBD 7-4 1 would make walking a more efficient and pleasant experience. Additionally, enhancement of the pedestrian system may be gained through the introduction of street furniture, landscaping and other design features. - Automobile circulation is an important aspect to the CBD. Access to and movement within the downtown contribute to its overall character and workability. As a major traffic generator, the CBD is a point of destination for a great deal of city traffic. Circulation is impeded S by congestion arising from present practices of on-street parking, inadequate traffic control, lack of traffic channelization at inter- sections and the intermixing of vehicular traffic with pedestrian traffic. The CBD is based on a rigid grid system. This allows primary access from a variety of streets. A number of north-south and east-west streets that are basically residential in design provide the principal access to the core area. Instead of these streets being the peripheral feeders of automobile traffic to the area, they actually dump all of the traffic directly into the very center of the CBD. Additionally, these streets carry through traffic across the central e core to the various sections of town. Characteristics such as traffic volumes, accidents and turning move- ments contribute to the flow of traffic in the CBD. These charac- teristics provide further insight into the assessment of the downtown ' 7-5 1 1 circulation system. As a traffic generator, the CBD has through 1 traffic as well as internal vehicular movement. Further, traffic flow 1patterns, especially two-way streets, result in an excessive number of vehicular turning and moving conflicts at intersections. This condi- 1 tion is also complicated by pedestrian movement through the intersec- tions. A reduction of turning movement conflicts will improve traffic 1 flow and safety. 1 Problems and Assets 1 A survey was conducted by the members of the Central Business District 1 Committee to determine what problems existed in the CBD. Merchants 1 operating in the area were given a list of questions concerning their operations and problems they felt existed in the CBD. After 1 considering the responses of the merchants, the CBD Committee was able to define a list of problems of the CBD. TABLE 7-1: CBD PROBLEMS 1 contains this list of problem areas. The Committee went one step 1 further, however, identifying a number of assets existing in the CBD; these assets are listed in TABLE 7-2: POTENTIAL CBD ASSETS. 1 1 i 1 t 7-6 1 I. GENERAL APPEARANCE , e. Dirty,muddy or rough surface. f. Poorly lighted. a. Cluttered,unattractive entrances to CBD. g. Slow turn-over. b. Lack of landscape plantings and green spaces. h. Employees use prime customer spaces. c. Dirty, littered streets,sidewalks and alleys. 7. PEDESTRIAN FACILITIES d. Visual chaos of poles,signs and wires. e. Lack of design harmony among butldings. a. Rough,broken sidewalks. f. Lack of views,vistas,and visual focal points. b. Nigh curbs. 2. BUILDINGS c. Pedestrian-automobile conflicts. d. Dark side streets. a, Poorly maintained exterior appearance. e. Unattractive routes between stores and parking areas. b. Drab,uninteresting Interiors. f. Lack of benches,fountains, restrooms,phones, trash c. Functionally ohsolete size and shape. containers, and information centers. d. Vacant upper stories. g. Little protection from inclement weather. e. Dirty,cluttered rear entrances. h. Narrow sidewalks. f. Inharmonious remodeling. i. Excessive noise and dust. g. Absentee ownerships. R. LAND USE 3. SIGNS a. Lack of major shopping store. a. Excessively large. b. Non-commercial dead spots in shopping frontage. h. Overhang public right-of-way. c. Vacant buildings and land. c. Poorly maintained. d. Lack of room for expansion. d. Gaudy,garish and ugly. e. Outlying retail uses compete with CBD. e. Difficult to read. f. Poorly designed. 9. UTILITIES g. Inharmonious with building architecture. a. Nater system old and undersized. g. STREETS b. Santtary sewer old and undersized. c. Poor storm drainage. a. Toa narrow for traffic and parking needs. d. Tangled mess of overhead wires. b. Poor surface conditions. e. Inadequate, unattractive street lighting. c. Lack proper markings and directional signs. d. 10. MERCHANDISING AND CUSTOMER RELATIONS Dirty and littered. 5. TRAFFIC a. Limited selection and variety. b. Lack competitive pricing. a. Congested,slow moving. c. Failure to recognize potential markets. b. Inconvenient circulation pattern. 11. COMMUNITY ATTITUDE c. Turning conflicts at intersections. d- Loading zone conflicts. e. Poor access routes to CBD. a. No public-private cooperation. f. Through traffic conflicts. b. No imagination. g. Excessive truck traffic. 12. AREA TRENDS 6. PARKING a. New regional shopping center within 60 miles. a. Insufftctent number of spaces. b. On-street spaces conflict with traffic. c. Unattractive,poorly designed lots. d. Inconvenient location. TABLE 7-1 CBO PROBLEMS ® = = = ® ® _ ® ■■i s = = r = ® M 1. GENERAL APPEARANCE 6. PEDESTRIAN FACILITIES a. Interesting skyline if clutter eliminated. a. Sidewalks could be widened. b. Open spaces could he landscaped. b. Spaces for benches, landscape features could he created. c. Vlstas could 6e created to certain ma,ior buildings, c. Mall or semi-mall could be developed. d. Unifying design concept possible among buildings. d. Canopy could be installed along entire street. e. Unnecessary poles, signs and wires could easily be removed. 2. BUILDINGS 7. UTILITIES a. Buildings with interesting architectural details. a. Improvement of water and sewer systems feasible. b. Buildings of historical value. b. Overhead wires could be replaced or placed underground. c. Rear entrances could be improved, c. Street lighting ready soon for replacement. d. Vacancies allow space for expansion. d. Storm drainage can be improved. e. Most buildings to sound structural condition. e. Utility companies cooperative and interested in community. 3. SIGNS 8. MERCHANDISING AND CUSTOMER RELATIONS a. Obsolete signs easily removed. a. Good market available for quality goods and services. b. Sign panels harmonizing with building possible. b. Experienced and knowledgeable businessmen. c. Flush mounted wall signs could be easily viewed. c. Active Chamber of Commerce. d. Uniform"under-canopy" signs could be used. d. Some businesses draw from outside trade area. 4. TRAFFIC 9. COMMUNITY ATTITUDE V 0. ia. Traffic could circulate around central core. a. Strong community spirit. b. Some turning movements could be eliminated. b. Progressive local government. c. Through traffic could bypass CBD. C. Government and business willing to cooperate. d. Better location possible for loading zones. d. Take pride in high quality of local improvements. 5. PARKING 10. AREA TRENDS a. Some on-street spaces could be eliminated. a. Trade area population has increased spendable income. b. Locations available far more off-street parking. b. Community is center for governmental,educational and C. Ex st ing parking lot design and layout could be improved. medical services. d. Space available for landscaping and screening. C. Good recreational/tourism potential. e. Employees could park in other locations than customer spaces. TABLE 7-2 POTENTIAL CBD ASSETS Traffic Circulation ' The existing streets in the CBD were laid out and built when traffic - volumes were very low. Through the years they have served the area quite well; however traffic has increased to a point where many of these streets are no longer able to handle the demand placed on them. ' The result has been an increase in congestion, delay and traffic accidents. As the City continues to grow, these problems may be ' expected to increase. Many of these problems can be eliminated or reduced by major street ' widening and construction programs. Improvements of this type, how- ever, require extensive capital expenditures and, in many cases, the cost would be prohibitive. Additionally, it is doubtful whether or not sufficient right of way exists in Huntsville's CBD to allow for ' widening of the streets. Instead, the most feasible alternative is to get the most efficient use out of the existing streets. This can be done by using various traffic management techniques, ' such as increasing street and intersection capacity, parking improve- ' ments and modernizing signs, traffic signals and pavement markings. 1 These are relatively low-cost measures that can improve traffic flow, reduce delay and congestion and improve safety. ' 1 7-9 Street Capacity 1 Street capacity is a measure of a street's ability to accommodate a stream of moving vehicles. Factors that tend to limit the capacity of a street include lane width (less than 12 feet), lateral clearance (objects set close to street right-of-way), pavement conditions, alignment, grades, frequency of large truck traffic (one large truck equals two cars), traffic flow variations and traffic interruptions. Traffic interruptions are most prevalent at intersections. Intersec- tion delays are a principal cause of congestion and reduced travel time on two-way streets. Two highly successful methods of increasing street capacity through reductions in traffic interruptions are limit- ing left-hand or cross-traffic turns and development of a one-way street system. The overall objective of both limiting left hand turns and one-way streets is to redirect traffic and traffic maneuver to streets or intersections better able to handle the particular maneuver. Limiting of left-hand turns tends to redirect drivers to other streets or less congested intersections on the same street. Possible sites 1 for prohibition of left-hand turns are shown on Map 7-2: CBD CIRCULATION, PROPOSED NO-LEFT TURN INTERSECTIONS. Another type of traffic interruption in the CBD is on-street loading and unloading of delivery trucks. This is most prevalent and most 7- 10 LL cJ — L-�E _ e — I j r-- i •• _J __ i i j . +'i 1— --- r i am ue —T 1.rr�� F---'-F--_ � ��1-_ - •�_ 1 I r- .•.. II1I1r ff J ❑ L Un ve rs1tv Avenue ,Y.E.. m venue Jm mcc cc f m m m y = i i •-a -- C - _ -: -—I- WAVEnue " ' 'r -•-- I i I MAP 7-2: CBD CIRCULATION CENTRAL BUSINESS DISTRICT PLAN PROPOSED O CITY OF HUNTSVILLE, TEXAS NO LEFT TURNINTERSECTIONS NOVEMBER 1983 hazardous around the downtown Square where such deliveries often completely close off one of the traffic lanes on Sam Houston Avenue 1 and 11th Street. Repeated observation has found that deliveries often occur at periods of peak traffic flow such as 12:00 p.m. and 5:00 p.m. Unfortunately, Huntsville has not taken advantage of the use of alleys at the rear of some commercial buildings for loading and unloading purposes. As a matter of fact alleys as such do not exist in downtown Huntsville. There are some driveways functioning as alleys, it is true, but these are privately owned and serve primarily as access to off-street parking areas. Two alternatives are available to the City in addressing the problem of on-street loading and unloading of trucks. The first alternative a is to regulate loading and unloading of trucks on the street. This ' alternative could range from outright prohibition of on-street loading/unloading to designation of specific times and locations for such activities. The second alternative involves establishing a system of alleyways through the blocks surrounding the Courthouse square. This would require close cooperation between the City and the individual property owners to be feasible. It is unlikely, however, that all commercial establishments would be able to take advantage of an alleyway system if it were provided due to lack of rear access. 7-12 1 1 Another method of increasing street capacity is through a system of one-way streets. A one-way street system may increase the capacity of the streets from 20 to 50 percent over their capacity as two-way streets as a result of reducing intersection delays and providing additional lanes for turning maneuvers. Further, such a system can t materially reduce the number of conflict points between vehicles and between vehicles and pedestrians. There are 32 vehicular conflict ' points at an intersection of two two-way streets. There are only 5 ' conflict points at the intersection of two one-way streets. pa Additionally, one-way street systems generally reduce overall travel ' time from between 10 to 50 percent. This is due to the reduction of delays created by turning vehicles at intersections. Traffic signals can also be better timed for progressive traffic flow. Accidents may ' be expected to decrease from 10 to 40 percent, despite a slight increase in traffic volume. Finally, improved traffic movement and increased safety generally produce broad economic benefits.both to adjacent land owners and the general public. Studies made in various parts of the U. S. have generally tended to disprove the concern by affected business owners that one-way streets adversely affect trade. Moreover, where one-way systems have once been implemented, many , businessmen formerly opposed to the plan have become staunch supporters. ' The most likely streets to form an eventual one-way street system are show on MAP 7-3: CBD CIRCULATION, ONE WAY STREET SYSTEM. Immediate implementation of the entire system may not be practical, however. 1 7- 13 1 m 0 ! _ m 0 ® AV P ' E. P Z C z s E= AVEC3 D C3 0 _O » Q •• T BBV \ l A. ° C6 Q �`...� co aO6 0co ❑ O _ ❑ NOUS Q AN O fL,O Q AY E � �o lJ d ❑ 3 ❑ A p ° 6 � q O » O :I 1U� s o 0 o 41 ; 4vE IVO I/❑ Us� V �Yy ^^�44 ��II = ° moi O OQ OOp O AVE ~N x D a AY A G •''c O » ,AVE N OAr[ r �_ : n e oye r 0 WILL -- / ❑ P 4 .........._..� CENTRAL BUSINESS DISTRICT PLAN MAP 7-3 CBD CIRCULATION, CITY OF HUNTSVILLE, TEXAS ONE-WAY STREET ONE-WAY STREET SYSTEM NOVEMBER, 1983 PROP05ED STREETS 7--- 1 Implementation should instead be considered on a phased, step-by-step basis. Actual phasing and implementation can best be determined ' according to need based on the following guidelines: 1. Develop one-way streets in pairs, preferrably of equal length. ' This will help provide for balanced flow in both directions. 2. Develop one-way streets in usable lengths. Short sections of , one-way streets, usually a block or two long, should be avoided ' since they tend to create confusion and disrupt traffic flow. 3. Carefully consider the terminal points. One-way streets should not be ended at major cross-streets or intersections. Instead, e they should extend on as far as possible. Street patterns in which two streets join in a Y-pattern readily lend themselves to one-way designation while streets in a classic grid-iron patterns are likely to end at a four-way intersection. 4. Consider the impact of future expansion of the system. When looking at a prospective one-way street, be sure to consider the e entire length of the street and its effect on intersecting streets. ' 7-15 Parking t One of the primary reasons for congestion in the downtown area of a city is inadequate or inefficient parking facilities. This problem has continually been identified, directly or indirectly, by study participants, merchants and property owners, city officials and survey respondents as being central to the question of downtown. The recent removal of parking meters and the establishment of a system of time- controlled parking has abated the problem to some degree but has not solved it. To properly analyze the problem of parking in the CBD, a full-scale parking facilities study should be conducted. Such a study was conducted for the CBD in Huntsville in 1979 by Lockwood, Andrews and Newnam, Inc. for their Traffic Enqineerinq Plan. Among the parking characteristics studied was the existing curb usage, 1 parking space usage and duration and current parking practices of the public. The study resulted in the following findings: (1) The present (1979) on-street parking supply in the CBD is ade- quate to serve current on-street parking needs. (2) Occupancy of on-street parking spaces is low. Regulated spaces are occupied 55 percent of the time,and unregulated spaces are occupied 43 percent of the time. An occupancy rate of about 80 ' percent is more desirable. (3) About 68 percent of the parkers park for 30 minutes or less. 7-16 (4) Parking turnover is very low. Present turnover for regulated ' spaces averages 4.8 vehicles per space per day. A turnover rate of about 8 vehicles per space per day is desirable. e (5) At several locations, vehicles were parked on City property ' between the curb line and property line. Many of these locations were without curb and gutter or were unused driveways. ' (6) In several locations, regulated parking spaces and unrestricted , parking spaces are adjacent to or interspersed with each other in the same block. ' Based upon the above findings, LAN made six recommendations to the ' City on improving downtown parking. Two of the suggestions concerned parking meter timing and charges and are, therefore, no longer , applicable. The remaining recommendations were: , (1) Curb and gutter should be installed along abandoned driveways and , other locations where vehicles presently park between the edge of pavement and property line. (2) Regulated parking spaces and unrestricted parking spaces should be separated. This can be accomplished by making the spaces along any one block face uniform, either all regulated or all 1 unregulated. (3) At the present time, only regulated parking spaces are marked with lines on the pavement. Unrestricted curb-parking spaces ' 1 7-17 1 within the CBD should also be marked. Pavement markings and stall dimensions should conform to the standards set out in the Texas Manual on Uniform Traffic Control Devices. (4) Parking stalls should be enlarged to make them easier to get into and out of. Parallel stalls can be made longer and angle stalls made wider. The actual size will depend on the available space in each block. Although this may result in the loss of a few parking spaces, the adequate supply of parking spaces in the CBD area will easily absorb this minor loss. In addition to LAN's recommendations, the following suggestions are also offered for improving the availability and convenience of parking 1 in the CBD: (1) adequate parking within a reasonable walking distance (approximately 200 feet) for customers, clients and employees should be provided; (2) employees should be assigned the most distant parking spaces to insure maximum customer convenience; (3) provide direct visibility between parking spaces and parker destinations; (4) provide directional signs to indicate to the motorist where parking is available; 7-18 1 (5) improve and reorganize 'parking areas to the rear of buildings for ' greater efficiency and utilization; ' (6) insure the comfort and safety of persons utilizing parking areas ' by providing landscaped, lighted pedestrian accessways. ' To determine the amount of existing parking available to the public in the CBD, an inventory of both public and private parking facilities ' was conducted in January 1984. The first count found that 2,905 ' spaces exist, 506 of which are on-street or in the public parking lots provided by the City. The specific data related to each block is ' shown in TABLE 7-3: CBD PARKING INVENTORY. The location of the blocks are shown in MAP 7-4: CBD PARKING INVENTORY. ' It is in the downtown area, referred to as "The Square" that parking ' problems are most acute. According to the CBD Parking Inventory, the following parking exists in the eight blocks that constitute the Square: ' on-street parking (public) - 271 off-street parking (public) - 26 ' off-street parking (private) - 644 While on-street parking comprises only 29 percent of the parking ' available around The Square, it is significant in that it is by and large the only customer parking. Most of the remaining 670 spaces are ' used primarily by downtown employees. It can easily be foreseen that as traffic continues to grow on Sam Houston Avenue that either a ' 7-19 center turn lane will be needed or an additional traffic lane. The ® only space available to provide for such expansion is the space devoted to on-street parking. Ultimately, on-street parking on Sam Houston Avenue will have to be prohibited. The same is true, although ® to a lesser extent, of 11th Street between Sam Houston Avenue and Avenue J. If or when parking is prohibited on these two streets, 48 Parking spaces will be lost on Sam Houston Avenue and 22 on 11th Street. In order to provide for the continued growth and development of downtown, it is apparent that, at a minimum, 70 additional off- street parking spaces must be provided in the future. ' A long range parking program, based upon providing both long-term and short-term parking, should be developed by the City in cooperation with the downtown property owners and merchants. Such a program would differentiate between the location of long-term satellite parking areas and short-term convenience parking. Satellite parking areas ' . should be located around the periphery of the developed area but within convenient walking distance while the short-term convenience parking should be located adjacent to the intended service areas. ' Long-term satellite parking should be designated for use by downtown employees or persons visiting downtown for the day. The lots should be restricted on a contract or lease basis, privately owned or leased by businesses, or publicly owned and operated for the general public. Short-term parking will most likely combine off and on-street parking. The location and amount of convenient short-term parking spaces should -7-20 1 1 be correlated with shopping, customer service, banking, offices and other customer and client related establishments. Provision of such short-term parking should be considered an important element in the ' redevelopment process of-downtown. Advocacy by the City for long-term solutions to the downtown parking problems will prove invaluable. ' Adherence to the off-street parking requirements of the building code is mandatory. Instead of reductions in parking requirements for new construction or major remodeling efforts downtown, alternative methods ' of providing parking spaces should be offered such as participation in multiple owner parking lots and garages, municipal/private co- financing of parking lots and payment-in-lieu of parking to the City to create a fund for providing additional public parking. Further measures to provide off-street parking should also be ' encouraged. The under used interior portions of blocks could be adapted to parking, especially employee parking. Additionally, property owners who own several adjacent lots or lots throughout downtown could take a more area-wide approach to providing parking. Adjacent lots could be combined with parking spread among the total ' area. Lots separated from each other but within convenient walking distance (no more than 500 feet) could share parking facilities. And finally, the City should encourage the adaptation of all vacant, ' undeveloped downtown lots into off-street parking areas. e 7-21 ' i TABLE 7-3 1PUBLIC PARKING PRIVATE PARKING OVERALL LOCATION ON-STREET OFF-STREET TOTAL GENERAL USE ASSIGNED TOTAL TOTAL COURTHOUSE SQ. 19 19 15 4 19 38 BLOCK 1 26 26 46 15 61 87 BLOCK 2 16 16 105 105 121 BLOCK 3 32 11 43 57 21 78 121 BLOCK 4 26 26 29 49 78 104 BLOCK 5 49 49 45 13 58 107 BLOCK 6 45 45 13 113 126 171 BLOCK 7 34 34 26 27 53 87 BLOCK 8 24 24 46 35 81 105 BLOCK 9 14 14 15 30 25 39 BLOCK 10 21 21 21 BLOCK 11 39 39 39 BLOCK 12 20 33 5353 BLOCK 13 15 15 128 128 143 BLOCK 14 30 10 120 120 130 BLOCK 15 30 30 30 BLOCK 16 49 49 0 G9 BLOCK 17 22 22 115 115 137 BLOCK 18 47 47 47 BLOCK 19 8 8 49 49 57 BLOCK 20 8 8 202 57 2590 260 BLOCK 21 BLOCK 22 15 15 125 125 140 BLOCK 23 73 73 73 BLOCK 24 72 72 72 BLOCK 29 25 25 40 40 65 BLOCK 30 21 21 30 30 51 BLOCK 31 6 6 22 15 37 43 BLOCK 32 27 27 25 25 52 BLOCK 33 40 40 40 BLOCK 35 17 20 37 37 BLOCK 36 40 40 40 BLOCK 44 95 95 95 BLK 45 26 26 26 BLOCK 46 43 43 43 BLOCK 47 0 0 BLOCK 48 4 4 165 165 169 BLOCK 49 0 BLOCK 56 6 6 6 6 BLOCK 57 0 0 BLOCK 58TOTO 0 AL 495 1 506 792 607 2399 2905 C B D PARKING INVENTORY 7=22 ve 12 =� 4-T I I II Sam Houston Avenue Universit Avenue N I ' W (D (D N (D I N --- fD + ve J (Dm m m --i L + + { N Z 3411 i 20 / ♦ -- I MAP 7-4: CBD PARKING INVENTORY CENTRAL BUSINESS DISTRICT PLAN City of Huntsville, Texas BLOCK NUMBER January 1984 Pedestrian Circulation A pedestrian circulation system is presented in Map 7-5. The plan presents a concept for the development of a walking system downtown. The plan is designed to improve the walking experience downtown as well as link existing and proposed commercial areas with the other activity centers in or adjacent to the CBD. The system, while relying heavily on the existing sidewalk system, is proposed to be the thread of continuity for downtown. The plan con- tains such features as the utilization of internal portions of the block for pedestrian activity and providing improved pedestrian circu- lation through construction and reconstruction of sidewalks. Urban Design The overall appearance of the CBD, in regards to its buildings, open areas and beautification, is of great importance to the economic and functional success of the district. Through the arrangement of well ' designed buildings with open spaces and landscape treatment, the provision of adequate, uncongested circulatory movement of vehicular traffic, and the construction of an ample amount of convenient automo- bile parking facilities, the customer appeal and business efficiency of the district can be materially supplemented. Many of the same planning principles that are employed in the design of modern suburban shopping centers are applicable to any future plans 7-24 JL--� L-J L--.—. 7 L Ay e M [] Sam Avenue Houston rrormrs" ILII tiniggrgit i vomip IL 4 1 1 J'r M _J, (D (D CD ,D (D (D (D (D (D (D (D Z r ------------- =77 r— CENTRAL BUSINESS DISTRICT PLAN Existing HAP 7-5: PEDESTRIAN CIRCULATION CITY OF HUNTSVILLE, TEXAS Sidewalks SYSTEM NOVEMBER 1983 Future Construction Note: This map represents the major sidewalks in the CBD. It does not Proposed L represent all sidewalks that exist or to be constructed. Signalized Crosswal ks for the adaptation and redevelopment of the CBD to meet future commer- cial demands and to preserve this high value district. The basic principles of planning that are embodied in many of the new concepts for central business district redevelopment are: 1. A consolidation of business and professional buildings sur- rounded by extensive automobile off-street parking areas. 2. The proportion of land devoted to automobile parking far exceeds the area covered by commercial buildings. 3. Buildings are usually grouped well within the site and surrounded by automobile parking, the parking ratio often being three to five times more than a unit of retail or office floor space. ' 4. Traffic ingress and egress, interior movement and circulation are 1 given very careful consideration. 1 5. The arrangement of parking facilities is such that short walking distances are maintained between the parking areas and commercial buildings, usually a maximum of 300 feet. ' 6. Buildings are conveniently arranged with architectural control and design and pleasing appearance, accessible by pedestrian walkways which separates pedestrian and vehicular traffic move- ment. Attractive landscape plots are developed in the open spaces, along sides of streets, to provide a restful and pleasant tatmosphere where people can shop and conduct business. 7-26 1 1 1 For Huntsville's CBD to function adequately and be maintained as the center of attraction for commercial trade and general business in ' future years, some of these planning concepts must eventually be ' introduced in a practical and reasonable redevelopment program. It is not practical, nor would it be economically feasible, to completely ' redevelop this area to conform to all the concepts of planning now employed in the design of shopping centers. An attempt, however, has ' been made to incorporate those design principles that are applicable to Huntsville. This was done with the intent of preserving those characteristics and attributes of the present business area and utilizing as much of the present framework and facilities as would be appropriate in a more functional arrangement. A more functional arrangement of the CBD will incorporate the ' following general features: 1. Maximum utilization of present streets within the area for better circulation and relief of traffic congestion. , 2. Consolidation of off-street parking into larger, more advantag- eous facilities for ease of access to traffic facilities and within reasonable walking distance of retail and business ' destinations. ' 3. Recognition of the primary function of principal streets as , traffic-carrying arteries, with street parking as a secondary function. 7-27 ' 4. Recognition of short-term parking and provision of adequate facilities for each in proper places. 5. Overall effective traffic circulation within the CBD with provisions for local business traffic, and a better means of ingress and egress via connections with radial arteries in the proposed transportation system. 6. Separation of vehicular and pedestrian traffic, where possible, to provide for more efficient, safe and pleasant circulation of both types of movement. 7. A generally appealing environment, with pedestrian areas as free as possible from traffic hazards, retention of present open areas ® and general beautification with landscape treatment. 8. Consolidation of land uses and building areas in as large blocks as possible. 9. Development of overall arrangement which is feasible, economical and capable of achievement in stages, utilizing present facilities and general patterns of land usage, open space and streets. Of particular importance is to maintain the "Marketable Mix". That is, development should build on, amplify and expand upon the existing land uses, services and facilities already available in the downtown. 7-28 1 The mix should consist of government, financial institutions, entertainment, housing, offices and retail sales activities. Such a ' mix offers the greatest likelihood of successful redevelopment. Of vital importance to the success of this plan is the City's concept of its role in the evolution of downtown. Does the City see itself, along with the merchants and property owners as having an economic ' stake in the development of downtown? Or, does it see itself in a passive role as simply a guide to the developer through the ' governmental processes? In order for this plan to be successful, the ' City must act as the primary agent for change. It alone has control of all the elements necessary for change such as the power of condem- nation, the ability to provide access and road improvements and public parking. City government must provide the leadership to marshall its , resources to this plan. 1. Recommendations to Improve Traffic Flow ' It is recommended that the following traffic flow improvements be undertaken to increase the traffic flow as well as protect the overall ' safety of the motorist. ' 1.10 Sam Houston Avenue ' 1.11 Acquire the right-of-way to connect Sam Houston Avenue from 7th Street to Thomason Street. This will provide 1 Sam Houston with the most direct possible access to FM 247 and FM 2821 and allow traffic to continue on Sam ' Houston rather than transferring to either Avenue M or ' 7-29 University Avenue. Sam Houston Avenue should be reconstructed from 11th Street to University Avenue according to the C1 (Collector) Street Standards. See 1 MAP 7-3 for general location. 1.12 Reduce the confusion, congestion and potential danger of the intersection of 17th Street and Sam Houston Avenue. The short range solution to this problem is the installation of individual turn movement indicators on all four sides of the intersection and pedestrian signals. The long range solution is to work with SHSU to acquire sufficient additional right-of-way to properly align 17th Street. This should be undertaken in concert with the University's plan for redevelopment of that part of the campus. See Diagram 7-1. 1.13 Prohibit parking on the east side of Sam Houston Avenue south of 13th Street adjacent to Huntsville National Bank (see Diagram 7-1) to provide room for establishment of a left turn lane. Designation of the left turn lane should follow the standard adopted by the Texas Department of Highways and Public Transportation (see Diagram 7-2). 1 On-street parking at this site is unnecessary due to the off-street parking available at the bank. Further, this on-street parking often interferes with traffic making 1 right hand turns from Sam Houston Avenue onto 13th Street. 7-30 1.20 University Avenue 1.21 Create a 3-way center turn lane at the intersection of ' University Avenue and 13th Street. To accomplish this, ' - parking should be prohibited on University south of 13th Street. For details see Diagram 7-1. ' 1.22 Redesignate the parking on the west side of University ' north of its intersection with 13th Street as parallel instead of angle for the area approximately 100 feet ' north from the intersection. For details see Diagram 7-1. 1.23 Provide designated (striped) parallel parking along ' University Avenue between 15th Street and 17th Street. Presently no striping exists which results in mixed parking often leading to conflicts between traffic moving ' along the street and a vehicle attempting to back out. 1.30 10th Street , Request that the the newspaper boxes be removed from 10th ' Street where they create conflicts with traffic. l'hey are located adjacent to a no-parking area. 1.40 13th Street ' 1.41 Prohibit parking along the south side of 13th Street from ' 100 feet west of Avenue M to Sam Houston Avenue. This will require additional prohibition of parking only from ' Avenue M West. The sight distance at this intersection 7-31 i SMI IIOUS7'ON AVENUE ' II 11 �M LEFT HAND TURN LANE y x ' HNB I WALKER COUNTY I ( COURTHOUSE II UNIVERSITY AVE HNB ' ON-STREET PARALLEL PARKING ALIGN U) INTERSFX PION UPGRADE " y TRAFFIC SIGNAL O SMI HOUSTON AVENUE ' HNB PROHIBIT WALKER CO 1 ON-SST COURTHOUSE PARKING DIAGRAM 7-1 PROPOSED TRAFFIC FLOW IMPROVEMENTS TO UNIVERSITY AND SAM HOUSTON AVENUES AUGUST, 1984 7-32 1 is extremely short resulting in a dangerous situation. Additionally, parked cars near the intersection force vehicles traveling east towards Avenue M into the opposing lane of traffic. This has caused ques to develop, further aggravating the situation. t 1.42 Create a center turn lane from approximately 150 feet ' west of Sam Houston Avenue to approximately 150 feet east of University Avenue. This will benefit not only those motorists desiring to turn from 13th Street to either ' University Avenue or Sam Houston Avenue but also those motorists seeking access to adjacent commercial establishments. To accomplish this, prohibition of parking on the both , sides of 13th Street between Sam Houston Avenue and , University Avenue may be necessary. The bank adjacent to this location, however, has provided ample parking as has ' the adjacent office building. Observations of the on- ' street parking has shown a low occupancy rate; often spaces are used by persons with banking business who do , not attempt to park in the off-street facilities. For further details see Diagram 7-1. 1.43 If Avenue M remains a two-way street, a signal light ' should be installed at its intersection with 13th Street. The increasing use of 13th Street for traffic moving 7-33 u - I I I I I I I Y r o t 3 T Lam' I I_ Diagram 7-2 Typical Lane Control MarF:ings Source: Texas 'danual of Uniform Traffic �ontrol Devices 7-34 1 between Avenue 0 and Avenue M or Sam Houston Avenue is , creating problems with cross traffic. This will allow more cross traffic movement while not adversely affecting ' traffic flow on Avenue M. As traffic increases on Avenue , M, it will be necessary to undertake an analysis of each intersection on the street to determine possible future ' actions by the City. 1.50 It is recommended that parking be prohibited along the south side of 16th Street from approximately 150 feet west of Avenue , M to University Avenue and that curbing be constructed from Sam Houston Avenue westward to reduce head-in on-street parking at the restaurant at that corner (see also Recommendation 3.20). ' Due to the lack of east-west arteries in the City this street has developed into a major thoroughfare, on-street parking will increasingly become a major traffic problem with the area on 16th Street between Sam Houston Avenue and Avenue M as the , center of congestion. The intersection of 16th Street and ' Avenue M should continue to be monitored and if traffic warrants it, a four way stop established. ' 2. Recommended Actions to Provide Adequate Parking ' It is recommended that the City undertake the following actions , relating to providing adequate parking in the CBD: 7-35 2.10 Regulated parking spaces and unrestricted parking spaces should 1 be separated. This can be accomplished by making the spaces along any one block face uniform, either all regulated or all unregulated. 2.20 At the present time, only regulated parking spaces are marked with lines on the pavement. Unrestricted curb-parking spaces within the CBD should also be marked. This would be especially ' useful in controlling parking along such streets as University Avenue north of 16th Street. 2.30 Encourage the improvement and reorganization of parking areas in the CBD to the rear of buildings, where feasible, for greater efficiency and utilization. 2.40 Provide directional signs to indicate to the motorist where parking in the CBD is available. 2.50 Insure the comfort and safety of persons utilizing parking areas by providing landscaped, lighted pedestrian accessways. This may also encourage more night time activities in the CBD. 2.60 Adherence to the off-street parking requirements of the building code should be mandatory. Instead of reductions in parking requirements for new construction or major remodeling ' efforts downtown, alternative methods of providing parking spaces should be offered such as participation in multiple owner parking lots and garages, municipal/private co-financing 7-36 1 of parking lots and payment-in-lieu of parking to the City to create a fund for providing additional public parking. 2.70 County employees should be encouraged to utilize County- ' provided off-street parking. ' 3. Recommendations Concerning Driveways and Curb Lines 3.10 At the time of reconstruction of a street, existing driveways should be reviewed individually and, wherever feasible, reconstructed to the City's current size and placement criteria ' as contained in the Building Code. 3.20 Curb and gutter should be installed along abandoned driveways and other breaks in the curb line which confuse motorists and lend themselves to hazardous parking situations. An example is , the north side of 16th Street at Sam Houston Avenue. 4. General Recommendations ' 4.10 It is recommended that the pedestrian circulation system be improved and expanded according to MAP 7-5 PEDESTRIAN ' CIRCULATION SYSTEM. It must be recognized that a customer must first become a pedestrian and that it is impossible to create ' sufficient parking in front of every business for maximum convenience of the shopper. Longer walking distances for the pedestrian shopper are inevitable. Therefore, it is recommended that the City, through its Capital Improvements 7-37 Program, institute a long term program of construction, 1 reconstruction and rehabilitation of the sidewalk and crosswalk system in the CBD. 4.20 It is recommended that the City, through its Building Code, require construction of sidewalks at the time of development of a lot if such facilities are shown on the adopted Pedestrian Circulation System Map. The City should participate in this endeavor through development and adoption of a sidewalk extension participation policy. Existing Commercial establishments should be encouraged to participate also in the provision of sidewalks. 4.30 It is recommended that the City initiate a program to place directional signs in the CBD, especially where advance notice of no left turns is necessary. Signs should direct motorists to the major traffic generators such as the Courthouse, SHSU, and Sam Houston Park, as well as to public parking areas. Signage should also be used to divert through vehicles around the downtown area and, where turning movements are restricted, to alternate streets. 4.40 It is recommended that the landscaping plan for the Downtown Square proposed in "The City of Huntsville Downtown Study" should be extended throughout the CBD. 7-38 1 5. Recommended for Further Study ' 5.10 It is recommended that a task force composed of representatives ' of the City, Gulf States Utilities, Huntsville Telecable and Southwestern Bell Telephone be created to develop a plan for the eventual removal of all overhead utility lines from Sam Houston Avenue, 11th Street and around the Court House Square. Alternatives to the present system include underground , installation and service from the rear of the lots. These two streets serve as the major "doors" to the City and should ' present a pleasing vista to visitors as well as residents. 5.20 It is recommended that the City undertake a study to determine ' the feasibility of signalized "no left turns" during rush hour ' traffic at the intersection of 11th Street and University Avenue. 5.30 It is recommended that a joint City, County and Postal Service Committee be appointed to develop a plan for alleviating the ' traffic congestion around the Post Office. This is the most critical traffic problem in the CBD. ' 5.40 It is recommended that a task force be established to develop a ' plan for reducing the impact of on-street loading and unloading of delivery trucks in the CBD. This task force should consist , of City personnel, concerned business persons in the CBD and representatives of the trucking companies. ' 7-39 ' I� uuUJ.L - = - '--- Avenue ALIGN INTERSECTION_,__: I < �y HE I I I •-; I III iI jri ll � �_ I Sam Houston Avenu _ -� 1 u'•_ "" 2 WAY LEFT TURN LANE �I r d • University Avenue S s _ 1 1 _ I I I Ili'. NF i� l-N1- I ; ; I I L lJll ':C I I I �• ' •-- '�'� -' - 3 WAY . FT TURN LANE I... _.I......N ...1 Ij--- -__ ..-r -- venue FTi . w+ MIN E PARKING /LOAD NG ti z j: I ,!�i I ., II ...I f•- -'-'- 1 .l. e I ' PROPOSED PROHIBITED PARKING Map 7-6: SUMMARY OF RECOMMENDED PROPOSED PARALLEL PARKING TRAFFIC CONTROL MEASURES CENTRAL BUSINESS DISTRICT PLAN PROPOSED CONI ROLLED INTERSEC- TION CITY OF HUNTSVILLE, TEXAS UPGRADE EXISTING CONTROLLED INTERSECTION �. 1 1 RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 83-01 Title: HONORING MR.TERRY HOAGE FOR HIS ATHLETIC ACCOMPLISHMENTS Date: 01-04-83 The meeting was called to order by the Honorable William V. Nash, Mayor. The invocation.was presented by Reverend Mariano Alvarado of the Faith Memorial Mexican Baptist Church. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Councilmember Corley made the motion to approve the minutes of December 14, 1982 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. RESOLUTION Resolution 83-1 Honoring "Mr. Terry Hoage of Huntsville" and the University of Georgia All-American for 1983. Mayor 'lash read this resolution to Mr. Hoage over the telephone to him in Georgia with his mother at the Mayor's side to receive the resolution on behalf of Mr. Hoage. Mr. Hoage then responded by thanking everyone at home for their support and recognition. Councilmember Brown made the motion to approve Resolution No. 83-1 and Councilmember Monday seconded the motion. All were in favor and the motion passed unanimously. ATTENDING CITIZENS Mr. Thomas Randle To Discuss Reservoir for dater Supply Future Water-- Noted according to SDHPT statistics, Texas' population will increase by some 50% by the year 2000 with the greater percentage of growth being in the East Texas area. He noted this will have a large impact on our water systems. Advised the Council of the plans to construct a reservoir on Bedias Creek, which he termed to be a "premium watershed." He encouraged the City to participate in this project from its inception so that it might have some voice in how the water is distributed in this area and at the same time take care of the Huntsville and Walker County area's needs for water beyond the year 2000. He displayed a map of the area for the Council's benefit. He noted this reservoir would serve as a surface water supply for Madisonville, Bedias and Iola and that it would encompass some 13,000 acres, 181,000 acre feet and would yield 95.9 mgd. Councilmember Monday noted the Council's interest in water quality. Councilmember King requested that Mr. Randle keep the City Manager, Gene Pipes, informed as to where the City should be on this as the project develops. Mayor flash thanked Mr. Randle for this presentation and recognized Mr. Bob Hardy, President of the Trinity River Authority, present in the Chambers. Mr. Nash noted the City's interest in future water for the community and advised the City has been aware of the Bedias Creek reservoir and has discussed it with the TRA. Mr. Randle asked if the Council would consider passing a Resolution this evening in support of the Bedias s Creek Reservoir. Mayor a ayo Nash noted the Council only knows generalities on the project at this point and would not be prepared to pass a Resolution until it has more specifics. However, I he asked the staff to prepare an appropriate resolution for the Council's consideration. i CITY MANAGER'S REPORT 'Audit Report from Briedenthal & Reynolds RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 83-2 Supports State Highway Funding RESOLUTION NO. 83-2 CITY OF HUNTSVILLE RESOLUTION: State Highway Funding The 72,000-mile Texas highway system,once recognized as the best in the nation,is deteriorating.According to studies of the Federal Highway Administra- tion,Texas has 17,200 deficient bridges and 7,740 miles of highway rated in poor condition.Motorists in all parts of the state are suffering a continuing loss of mobility. Major problems have been observed on Farm to Market roads, rural primary highways,Interstate routes,and urban freeways. Current funding sources available to the State Department of Highways and Public Transportation are inadequate to maintain the existing highway system and to improve the system to keep up with the growth of the state.It is estimated that the state's population will increase 50%by the year 2000.This anticipated growth will place substantially higher demands on the state's trans- portation facilities and services. We urge the 68th Texas Legislature to act expeditiously to provide addi- tional funding for highway construction and maintenance.We recommend that the level of state funding for highways be at least equivalent to defined state highway user fees and taxes.We further recommend that the state highway user fees be increased if necessary to meet the highway funding needs documented in the revised 20-Year Plan of the State Department of Highways and Public Transportation. / Adopted By (org##tion) ) Attested by: C Cwt William V. Nash, Mayor Ruth DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: w .d 1 eoo� CUu n ei l S e�vi ee RESOLUTION N0. 83-3 IN MEMORY OF COUNCILMAN HOMER FORD CITY OF HOUSTON, TEXAS WHEREAS, throughout his long years of service to the City of Houston, Councilman Homer Ford graciously and effectively worked on many regional programs that greatly benefitted com- munities such as the City of Huntsville, as he was especially involved in the Houston-Galveston Area Council. NOW, THEREFORE, BE IT RESOLVED by unanimous action of the City Council of the City of Huntsville that sympathies be ex- tended to the family of Councilman Homer Ford, the City of Houston, and his many friends and associates left behind by his passing. DULY PASSED AND APPROVED this the llth day of January, A.D. 1983. THE CITY OF HUNTSVILLE, TEXAS _ By WILLIAM V. NASH, Mayor ATTEST: UTH DE SHAW, City Secretary 1 _ !I j RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 83-4 Police Promo.Rev.Board Terms-Amendment 01-11-83 RESOLUTION NO. 83-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING ITS PERSONNEL RULES; AND MAKING OTHER PRO- VISIONS RELATED THERETO. WHEREAS on December 2, 1980, City Council adopted a comprehensive personnel manual of rules, policies and programs, affecting City employees; and WHEREAS on March 17, 1981, Council amended said rules by adopting promotional policies for the Police Department; and WHEREAS City Council desires to amend those rules, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: Chapter 15, "Huntsville Police Department Promotional Policies," of the Personnel Rules of the City of Huntsville, is hereby amended by the repeal of § 2.03, Oral Interview, and by the addition of a neva § 2.03 that shall read: 2.03 Oral Interview Board; Oral Interviews. (a) Within a reasonable time after the written examination, candidates who passed the exam will be interviewed by (the oral Interview Board). (b) a-paeel-a€-€*ve-appe�nted-€er-a-twe-year-pew#ed7-wh4ek w4}T (The Oral Interview Board shall) consist of the Director of Public Safety, one supervisor (designated by him), and three persees (citizens) designated by the Mayor and confirmed by the City Council. (One member shall be appointed for a term of three years, one for a term of two years, and one for a term of one year.) (Thereafter,each citizen shall be appointed for a three year term or until his successor is duly appointed.) (c) Each member of the panel will rate the candidate on a scale from 0 to 100. The top and bottom score will be discarded and the remaining three averaged. If the average exceeds 70 points, the candidate will be declared as passed, without indication of a numerical grade. Section 2: This Resolution shall take effect immediately upon passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, on this the 11th day of January , A.D. 1983. THE CITY OF HUNTSVILLE, TEXAS By --1 William V. Nash, Mayor ATTEST: /J '"Fruth DeShaw, City Secretary APPRO,V.EED,AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 83-5 Community School Concept 4 i �- RESOLUTION NO. 83-5 WHEREAS, there is a rising public insistence that all levels of government become more responsible to citizen needs and desires; and WHEREAS, there is a limited amount of tax monies and other human and physical resources available to meet public demands for facilities, programs and services; and WHEREAS, full utilization of existing public facilities, programs and services is a desirable community goal; and WHEREAS, the energy crisis and other related developments point up an increasing need for all governmental units and related public service organizations to mobilize their respective resources for the common purpose of improving the quality of community life; and WHEREAS, Texas Revised Statutes, Article 6081t, recognizes and authorizes local governments, including school districts, to make formal agreements for joint planning and performance of functions; and WHEREAS, Huntsville Independent School District has facilities, equipment and staff organized for the purpose of providing education opportunities for children and youth, and at its discretion, certain other educational, recreational, cultural, social and service involvements for all district patrons; and WHEREAS, the City of Huntsville provides facilities, staff, and certain recrea- tional service programs for the citizens within its geographic boundaries; and WHEREAS, a multitude of other related public and private community organizations provide programs and services for community betterment; and WHEREAS, no single, cohesive strategy for the development and utilization of all these relevant community resources has yet been established; and WHEREAS, there are great potential social and economic benefits to be derived from further cooperation in facility and program development for the benefit of all citizens through the comprehensive community school programs at the local neigh- borhood level. THEREFORE, BE IT RESOLVED, that the undersigned endorse, support, and agree fully to participate in the joint planning, development, and operation of Community School Programs within their respective service areas. 3 APPROVED and SIGNED on this the ->-r day of 11-M/i C.9 1 1981K. CITY OF HUNTSVILLE, TEXAS HUNTSVILLE INDEPENDENT SCHOOL DISTRICT /S/ James Chase William V. Nash, Mayor Chairman, Board of Trustees February 17, 1983 ATT Ruth DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: -?1MUL N n 73- CU .3-CUcn LM- 83 RESOLUTION NO. 83-6 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 2ND DAY OF APRIL, 1983, FOR THE PURPOSE OF ELECTING A MAYOR AT-LARGE AND FOUR COUNCILMEMBERS FROM THE RESPECTIVE WARD POSITIONS ONE, TWO, THREE AND FOUR; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. WHEREAS a Regular Municipal Election was held under and pursuant to the provisions of Ordinance No. 83-6 calling said Election; and WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having been duly made and the Election Judges having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly can- vassed the returns of said Election and finding that the total votes cast at said Election were as follows, to-wit: FOR MAYOR, AT-LARGE Bill Nash 1084 Delora Rogers King 646 G. A. White 194 Other 16 FOR COUNCILMEMBER, WARD POSITION ONE Jane Monday 660 Other 11 FOR COUNCILMEMBER, WARD POSITION TWO Jerry Dowling 282 Other 13 FOR COUNCILMEMBER, WARD POSITION THREE Percy Howard, Jr. 259 Other 3 FOR COUNCILMEMBER, WARD POSITION FOUR Bob Tavenner 332 Earl Andrews 138 Other 1 AND, WHEREAS, the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest have been filed with said Council or instituted in connection with said Election returns; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: BILL NASH received a majority of the votes cast at said Election for the office of Mayor, and, accordingly, the said BILL NASH is hereby de- clared elected to the office of Mayor from the City at Large, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 2: JANE MONDAY received a majority of the votes cast at said Election for the office of Councilmember from Ward Position One (1) and, accordingly, the said JANE MONDAY is hereby declared elected to the office of Councilmember from Ward Position One (1), subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. Section 3: JERRY DOWLING received a majority of the votes cast at said Election for the office of Councilmember from Ward Position Two (2) and, accordingly, the said JERRY DOWLING is hereby declared elected to the office of Councilmember from Ward Position Two (2), subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4: PERCY HOWARD, JR. received a majority of the votes cast at said Election for the office of Councilmember from Ward Position Three (3) and, ac- cordingly, the said PERCY HOWARD, JR. is hereby declared elected to the office of Councilmember from Ward Position Three (3), subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 5: BOB TAVENNER received a majority of the votes cast at said Election for the office of Councilmember from Ward Position Four (4) and, accordingly, the said BOB TAVENNER is hereby declared elected to the office of Councilmember from Ward Position Four (4), subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 6: This resolution shall take effect immediately from and after passage. THE CITY OF HHUNTSVILLE BY E ST: Willia 83 Mayor City Secretary A/ �3 APP VED AS TO FORM: 7� le Scott Bounds, City Attorney RESULTS OF CITY REGULAR ELECTION--APRIL 2, 1983 NUMBER OF VOTES CAST IPI WARD 1: 762 (39 % of voter turnout) FOR MAYOR FOR COUNCILMEMBER, WARD 1 Votes Cast Delora Rogers King (W-I's) Bill Nash G. A. White Jane Monday Write-Ins Pct. 102 135 2 267 43 390 7 Pct. 201 77 1 187 43 270 4 Total R Percent 212 28%) -4-P%) 0%454 6 86 11% 660 98% 11 2% NUMBER OF VOTES CAST IN WARD 2: 365 (19 % of voter turnout) FOR MAYOR FOR COUNCILMEMBER, WARD 2 Votes Cast Delora Rogers King W-I's) Bill Nash G. A. White Jerry Dowling Write-Ins Pct. 101 45 3 58 16 88 7 Pct. 202 —6-8-- 2 2 144 28 194 6 Total & Percent 113 31% �%) 202 56% 44 12% 282 .96% 13 4% NUMBER OF VOTES CAST IN WARD 3: 329 (17 % of voter turnout) FOR MAYOR FOR COUNCILMEMBER, WARD 3 Votes Cast Delora Rogers King (W-I's) Bill Nash G. A. White Percy Howard, Jr. Write-Ins Pct. 105 38 0 25 6 202 0 Pct. 301 116 1 112 24 57 3 Total & Percent 154 48% 1 137 43% To-(-91/-.T- 259 99% 3 1%) NUMBER OF VOTES CAST IN WARD 4: 501 (25 % of voter turnout) FOR MAYOR FOR COUNCILMEMBER, WARD 4 Votes Cast Delora Rogers King (W.I's) Bill Nash G. A. White Bob Tavenner Earl Andrews Write-Ins Pct. 206 55 5 149 11 172 39 0 Pct. 401 112 1 142 23 160 99 1 Total & Percent 167 34% 6 1%) 291 58% 34 7% 332 71% 138 29% 1 0% TOTAL VOTERS IN THIS ELECTION . . . . . . . . . . . .1;957 Number of City Registered Voters:7,852 -- Percent Voted 25 % TOTAL VOTES CAST IN MAYOR'S RACE . . . . . . . . . . . .1?14.6 — TOTAL VOTES CAST FOR BILL NASH: . . . . . . . . . . .1-'W Percentage of Total: 56 % TOTAL VOTES CAST FOR DELORA ROGERS KING . . . . . . . . . .T46 Percentage of Total: --3'3-% TDTAL VOTES CAST FOR G. A. WHITE . . . . . . . . . . . . jq4 Percentage of Total: -TT-% (Miscellaneous write=in s for Mayor . . . . . . . . . . . 16 Percentage of Total =) CITY OF HUNTSVILLE CITY GENERAL ELECTION APRIL 2, 1983 STATISTICAL DATA SHEET Total Votes Cast in Precinct No. 101 . . . . . . . . 121 % of Total . . . . 6 % Total Votes Cast in Precinct No. 102 . . . . . . 452 > % of Total . . . . 23 % Total Votes Cast in Precinct No. 105 . . . . . . 71 % of Total . . . . 4 % Total Votes Cast in Precinct No. 201 . . . . . . 310 % of Total . . . . 16 % Total Votes Cast in Precinct No. 202 . . . . . . . . 244 , % of Total . . . . 13 %_ Total Votes Cast in Precinct No. 206 . . . . . . . . 223 , % of Total . . . . 11 % Total Votes Cast in Precinct No. 301 . . . . . . . . 258 , % of Total . . . . 13 % Total Votes Cast in Precinct No. 401 . . . . . . . . 278 , % of Total . . . . 14 % TOTAL VOTES CAST IN THIS ELECTION . . . . . . . . . 1957 , 25 % TOTAL REGISTERED VOTERS IN CITY . . . . . . . . .7,852, % Voted BRIEF HISTORY OF WARD ELECTIONS YEAR WARD TOTAL VOTES CAST PERCENT OF TOTAL VOTES CAST 1974 1 400 42%** 1977 1 290 40%** 1979 1 767 50% 1981 1 1983 762 2 39q 8%*** 7974 2 130 18%** 1977 2 21% 1979 2 322 1981 2 21% 198 2 365345 65 1gM 1974 3 307 32% 28%202 ** 1977 3 18%** 1979 3 267 16% 1981 3 1983 3 329 17% ** 1974 4 163 17% ** 1977 4 100 74% 1979 4 138 9% 1981 4 351 21% 5 1983 4 01 25%**** *Uncontested Races for Council -- Mayor Opposed TOTAL BALLOTS CAST **Uncontested Pace for Mayor -- Councilmembers Opposed —Uncontested Races for Councilmember and Mayor 1977 __ 722 Ward ****Both Mayor and Councilmember seat contested Elections 1979 -- 1507 1981 -- 1659 1983 -- 1957 WRITE-INs Precinct POSITION NAME VOTES CAST 102 Mayor (2) Charles Tackett 1 (Courthouse) Levi Thompson 1 Council (7) George Russell 1 Joe Strong 1 Marie Hayden 1 David Thomas 7 Levi Thompson 1 James L. Carter 1 Mary Jane Addison 1 202 flayor (2) George Wright 1 Charles Tackett 1 (1st Presby. Church) Council (6) Norman Hayman 1 Frank Hungerland 1 Robert Pierce 2 Larry Corley, Jr. 1 Ralph Lawson 1 101 Mayor (3) Gary Edmondson 1 (Fire Sta. ;,2) Tom Kordinak 2 Council (7) J. W. Standerfer 1 Gary Drum 1 Tom Kordinak 1 George Russell 2 Julie Drum 1 G. A. White 1 201 Mayor (2) Patsy Robinson 1 (Holiday Inn) Joe Clements 1 Council (4) Jesse Hebert 2 Gene Morgan 1 G. A. White 1 401 Mayor (1) George Russell 1 (Goree Unit) Council (1) Norman E. Hayman 1 301 Mayor 0) Charles Tackett 1 (Eman. Park) Council (3) Janet Fair 2 Thomas Camfield 1 206 Mayor (5) Charles ld. Tackett 2 (Pine Bluff) Johnny Joe Allen 1 Darrell !•White 1 George Russell 1 TOTAL ABSENTEE VOTES CAST FOR THE APRIL 2, 1983 ELECTIONS Voting Precinct Ballots Cast City Precincts 101 23 23 102 69 69 103 4 104 2 7 105 7 201 56 56 202 40 40 203 2 204 30 205 10 37 206 37 301 29 29 3n2 32 303 1 304 7 401 39 39 402 6 403 3 404 0 397 300 Of the 397 total ballots cast in this absentee voting period, 97 of those were cast by voters living outside the city, who did not vote a city ballot as well. CITY STATISTICS Total absentee ballots cast in Ward 1 . . . . . . . . . . . . 125 Total absentee ballots cast in Ward 2 . . . . . . . . . . . . 63 Total absentee ballots cast in Ward 3 . . . . . . . . . . . . 36 Total absentee ballots cast in Ward 4 . . . . . . . . . . . 76 Total City Wide . . . . . . . . . . . . . . . . . . . . . . . 301 Prepared by Ruth DeShaw City Secretary (5,000 HISD Ballots, 400 saved for Absentee, 397 were voted) March 31, 1983 (4,000 City Ballots, 374 saved for Absentee, 300 were voted) RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 83-7 Amends Retirement Program 06-21-83 RESOLUTION NO. 83-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE RETIREMENT PROGRAM FOR THE EMPLOYEES TO CHANGE TERMINATE CHARGES ON EMPLOYEE'S VOLUNTARY CONTRIBUTIONS. WHEREAS the City Council of the City of Huntsville established a retirement program for its Employees; and WHEREAS said Retirement Plan and Pension Trust were amended by action of Council on December 15, 1981; and WHEREAS City Council now desires to further amend said program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The Amendment to the City of Huntsville Pension Trust, attached hereto as Exhibit One and made a part of this resolution for all intents and purposes, is hereby adopted effective June 15, 1983. Section 2: The officers of the City are hereby authorized to execute the Amendment, and obtain acceptance of the Trustee. APPROVED this 21st day of June, 1983. THE CCITY OF.HUNTSVILLE, TEXAS BY C/ ` William V. Nash, Mayor ADeiba., CityQre ary APPROVED AS TO FORM: Scott Bounds, City Attorney AMENDMENT THE CITY OF HUNTSVILLE PENSION TRUST THIS AMENDMENT, effective the 15th day of June, 1983, is entered into by and between The City of Huntsville and Huntsville-Walker County Emergency Medical Service, a Corporation organized and existing under the Laws of the State of Texas, hereinafter called the Company, and The City Council of the City of Huntsville, hereinafter referred to as • the Trustee; W I T N E S S E T H WHEREAS, the Company and the Trustee have executed a Pension Trust for and on behalf of the participating employees of the Company, and WHEREAS, the Company wishes to amend said Pension Trust for the purpose of specifying under what circumstances the employer will pay the termination charges contained in the Deposit Administration contract being used to fund the plan, NOW, THEREFORE, in consideration of the promises made one to another herein, the Company and Trustee hereto agree as follows: Section 7.02 of the Plan is hereby amended to read as follows: On the valuation date each year, the total value of a Participant's Account or Accounts shall be determined. To accomplish this, the Trustee shall determine the value of the Deposit Administration Contract based on the guaranteed interest rates contained in the Contract and any experience refund which may have been credited in addition to those guaranteed rates. Any expense caused by a Participant receiving a distribution in a form other than an annuity from his Voluntary Contributions Account for whatever reason will be charged against the Voluntary Contributions Account of the Participant receiving such a distribution. Any expense caused by a Participant receiving a distribution in a form other than an annuity from his Employer Contributions Account and Mandatory Employee Contributions Account for whatever reason will be paid by the Employer. The Employer shall provide all of the costs of administration of the Trust, and will also pay any investment-loss charge or deposit administration termination charge which may be made under the provisions of the Deposit Administration Contract should the Contract be discontinued because of plan termination, or discontinued for any reason other than plan termination. v.. IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seal this 21st day of June , 1983. THE CITY OF HUNTSVILLE (Signature and Title) William V. Nash, Mayor ATT E BY: ecretary Ruth DeShaw, City Secretary ustee Gene Pipes, City Manager TTIe[ia'r_Ss..proreCll Jnefoun. ��___� (�� KANSAS CITYLIFE INSURANCE COMPANY Broadway at Armour/Box 139/Kansas City,Missouri 641411816-753-7000 June 3, 1983 k Ms. LeeAnn Addison City of Huntsville P.O. Box 839 Huntsville, TX 77340 Re: City of Huntsville Pension Plan DA072 Dear LeeAnn: Enclosed is an original and two copies of an amendment to the plan which we prepared as requested by your letter of May 12, 1983. The amendment changes the treatment of the expense charges on voluntary withdrawals as outlined. Also, it does not have to be filed with the IRS. Please have the Employer and Trustee sign all three copies of the amendments and return one copy to us in the enclosed postage paid envelope. A sample corporate resolution is also included which the Employer may use to adopt the amendment. Please let me know if you have any questions. Thank you for your business. Sincerely, ��l'./zz,�- Maris Haster Pension Services clm enclosures -A--- z ► PLEASE PUT YOUR POLICY NUMBER ON EVERY LETTER OR CHECK YOU SEND TO THE COMPANY RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 83-8 Perf.Evaluations,Salaries&Open Salaried 06-21-83 RESOLUTION NO. 83-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL POLICIES OF THE CITY OF HUNTSVILLE; AMENDING THE PROCEDURE FOR PERFORMANCE EVALUATIONS; CHANGING THE DESIGNATED SALARIED AND OPEN SALARIED EMPLOYEES; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the repeal of Chapter 5, Section 1, Performance Evaluation Report, as presently constituted, and by the addition of a new Chapter 5, Section 1, that shall read: Section 1. Performance Evaluation Report The work performance of each regular employee shall be evaluated in accordance with procedures developed by the City Manager. An employee shall be evaluated at each merit date or on their anniversary date after reaching top of scale. Special evaluations may be made if authorized by the department head and/or City Manager. Probationary employees shall be evaluated prior to the completion of probation. Section 2: The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the repeal of Chart 7.3 Exempt Employees, as presently constituted, and by the adoption of a new Chart 7.3 that shall read as follows: Chart 7.3 Exempt Employees Salaried Employees Superintendent I Superintendent II (except Fire Department Supervisor IV Supervisor V Inspector III Librarian Project Coordinator Police Captain Planner I Building Supervisor IV open Salaried Employees City Attorney City Secretary Municipal Court Judge City Manager Director of Planning Director of Internal Services Director of Public Works Director of Community Development City Engineer Director of Public Safety Director of Finance Director of Public Utilities Director of Engineering Design Section 3: This resolution shall take effect immediately upon its passage by City Council. PASSED this Z�SE day of cl unJE 1983. THE CITY OF HUNTSVILLE BY William V. Nash, Mayor ATTEST: /�// /tel/��City �,r1,/�th DeShaSecretary APPROVED AS TO FORM: Scott Bounds, City Attorney J RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION NO. 83-9 A RESOLUTION BY THE GOVERNING BODY OF THE CITY OF HUNTSVILLE, TEXAS, RELATING TO THE GIVING OF NOTICE OF PUBLIC HEARING TO BE HELD ON WHEN THE ENTIRE AREA OF THE CITY SHOULD BE ESTABLISHED AS BLIGHTED OR ECONOMICALLY DEPRESSED AREA OF THE CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR NOTICE TO BE ISSUED, PUBLISHED AND GIVEN; RESOLVING UPPER MATTERS IN CM4E TION THEREWITH. WHEREAS, the Development Corporation Act of 1979, as amended (codified as Article 5190.6, V.T.C.S., the "Act") provides that a "Project" (as therein defined) may be undertaken and financed in the manner provided in the Act under certain terms and conditions, and additional latitude is given if the Project is located in a blighted or economically depressed area of a city; and WHEREAS, the entire area within the City of Huntsville is proposed for designation as a blighted or economically depressed area, and it is appropriate that a public hearing be held to determine whether the said area meets the requirements, under the Act, so as to be designated as a' blighted or economically depressed area; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS; Section 1: It is hereby found and determined that the City of Huntsville, Texas, is a home rule city, operating as such pursuant to the constitution and laws of the State of Texas, and the City may, pursuant to the Act, establish blighted or economically depressed areas within its boundaries. Section 2: That a notice shall be issued, published and given that this governing body will hold a public hearing at the date, time and place set forth in the following notice: NOTICE OF PUBLIC HEARING TO DETERMINE EXISTENCE OF BLIGHTED OR ECONOMICALLY DEPRESSED AREA WITHIN THE CITY OF HUNTSVILLE, TEXAS NOTICE is hereby given that the City Council of the City of Huntsville, Texas, will convene at the City Hall, 1212 Avenue M, Huntsville, Texas, at 7:00 o'clock p.m., on the 2nd day of August, 1983, to determine if the entire area within the City should be declared to be a blighted or economically depressed area under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Industrial Commission. At the time and place herein established for the Public Hearing, all interested parties may present evidence and testimony on the question of whether such designation or declaration should be made under the aforesaid Act or regulations. This notice is issued pursuant to a Resolution adopted by the City Council of the City of Huntsville, Texas. CITY OF HUNPSV=E, TEXAS DeShaw, City Secretary Posted: The notice hereinabove set forth is approved as to form and substance. The Mayor of the City is directed to execute the same for and on behalf of this governing body, and the City Secretary shall cause a copy of such notice to be: (a) published once a week for two consecutive weeks in a newspaper of general circulation in the City, the date of the first publica- tion shall be at least fourteen (14) days prior to the date set for the hearing; (b) posted at the City Hall for at least fifteen (15) days prior to the date set for the hearing; and (c) transmitted by first class mail, postage prepaid or otherwise to the Texas Industrial Commission, P. 0. Box 12728, Capitol Station, Austin, Texas 78711, so as to be received fifteen (15) days prior to the date set for the hearing. Section 3: This Resolution shall be effective from and after its passage, and it is so ordained. PASSED AND APPROVED this 12th day of July, �1983. William V. Nash, Mayor' A Tc th DeShaw, ity Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 83-10 Eligible Blighted or Eco.Depressed Area 08-02-83 RESOLUTION NO. 83-10 A RESOLUTION BY THE GOVERNING BODY OF THE CITY OF HUNTSVILLE, TEXAS, DESIGNATING THE ENTIRE AREA OF THE CITY AS AN ELIGIBLE BLIGHTED OR ECONOMICALLY DEPRESSED AREA UNDER THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, AND THE RULES AND REGULATIONS ADOPTED BY THE TEXAS INDUSTRIAL COMMISSION, MAKING FINDINGS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of Walker County, Texas, (the "Unit") has heretofore approved the creation of a public non-profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of Walker County Industrial Development Corporation (the"Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or a part of the costs of a"project"as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, or for use by commercial enterprises, all as defined in the rules of the Texas Industrial Commission (the "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter, if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been desig- nated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and/or a menace of the public health, safety or welfare in their present condition and use; and WHEREAS, the Rules for Issuing Industrial Revenue Bonds dated November 1981 (4th Printing) (the "Rules") of the Commission set forth special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, this governing body, acting for and on behalf of the City of Huntsville, Texas (the "City"), desires to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted or economically depressed areas, and WHEREAS, notice of public hearing was mailed, first class mail, to the Commission on July 13, 1983, and notice of such public hearing was published once a week for two consecutive weeks, on July 15, 1983 and July 22, 1983, in a newspaper of general circulation in the City and notice of the public hearing was posted at the City Hall on July 13, 1983; and WHEREAS, the notice provided to the Commission and, as published and posted, included both a description of the area or areas proposed by the City to be designated as eligible blighted or economically depressed areas and the date, time, and location of the public hearing concerning such designation; and WHEREAS, a public hearing was held at the date, time and location specified in such notice, pursuant to the Act and Rule .002(b)(9) of the Commission for the purposes of establishing one or more eligible blighted or economically depressed areas; and WHEREAS, this governing body has concluded it is to the best interest of the City and its inhabitants to request the Commission to approve projects for commercial uses and therefore desires to adopt this resolution in compliance with the requirements of the Act and the Rules: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The public hearing on the question of whether the entire area of the City should be declared to be an eligible blighted or economically depressed area is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, it is now found and determined that the entire area within the City of Huntsville (and shown on the map attached as Exhibit A) is an eligible blighted or economically depressed area ("EBA") by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes) or any combination of the foregoing substantially impair or arrest the sound growth of the City, or constitute an economic or social liability and/or a menace to the public health, safety, or welfare in their present condition and use. 2 Section 2: The overall objectives of the City for redevelopment and recovery of the EBA are as follows: A. To promote the present and prospective health, safety, rights to gainful employment and general welfare of the people of the City and the State of Texas (the "State"). B. To promote the continued existence, development and expansion of commerce and industry essential to the economic growth of the City and the full employment, welfare and prosperity of its citizens. C. To encourage the economic growth and stability of the City by increasing and stabilizing employment opportunities, significant- ly increasing and stabilizing the property tax base and promoting commerce within the City and the State. D. To encourage employment of the inhabitants of the EBA by encouraging employers to locate projects which will employ such persons in or adjacent to the EBA. Section 3: This governing body hereby finds, determines, declares and represents to the Commission that the availability of financing of projects to be located within or adjacent to the EBA for commercial uses under the Act will contribute significantly to the alleviation of the blighted or economically depressed conditions found to exist in the EBA. Section 4: This governing body, in order to enhance its development efforts, desires and authorizes all commercial projects that are an integral part of the local economy, including, but not limited to, commercial projects that contribute or stabilize employment opportunities; increase or stabilize the property tax base; or promote commerce within the City and the State. Section 5: This governing body will not approve any projects for commercial uses in the EBA unless the applicant desiring approval of such project demonstrates to the satisfaction of this governing body that: A. The project conforms with the limitations, if any, provided in Section 4 of this Resolution; B. The project will significantly contribute to the fulfillment of the overall redevelopment objectives of the City for the EBA; C. The project conforms to the project approval standards of the Rules and this Resolution by increasing or stabilizing employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the City and the State; and D. The project is in furtherance of the public purposes of the Act. 3 Section 6: This governing body hereby covenants and represents that it will review all project descriptions for approval of the specific projects for commercial uses in order to determine whether such projects are consistent with the City's objectives for redevelopment of the EBA. Section 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission as required by the Rules. Unless the City shall be notified by the Commission to the contrary in writing within 30 days from the date of receipt of such certified copy of this Resolution, the EBA shall be deemed accepted by the Commission and the City and the Corporation may hereafter approve projects (including those projects for which written commitments and agreements have been made pursuant to Resolution of the Board of Directors of the Corporation prior to the date of this Resolution) for commercial uses in the EBA in compliance with the Act, the Rules and this Resolution. Section 8: This Resolution is adopted for the purposes of satisfying the conditions and requirements of the Act and the Rules, and for the benefit of the Corporation, the Unit, the City, the Commission, the residents of the City and all other interested persons. Section 9: The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted on the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the scheduled time of such meeting; such place of posting was readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was opened to the public as required by law at all times during which this Resolution and the subject matter thereof were discussed, considered, and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this 2nd day of August , 1983. AYES: 5 NOES: 1 ABSTAINED: 3 William V. Nash, Mayor City of Huntsville, Texas th DeShaw, City Secretary 4 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 83-13 Improvement of H-75 09-20-83 RESOLUTION NG. 83=13 OF RESOLUTION ACCEPTING THE PROVISIONS OF STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER THE STATE OF TEXAS § Huntsville, Texas CITY OF HUNTSVILLE § September 20, , 1983 MOTION was made by Councilmember Dowling and seconded by Councilmember Corley that the City of Huntsville accept the provisions contained in Minute Order No. 81169-00145 passed by the State Highway and Public Transportation Commission on August 25, 1983, for the improvement by the State Department of Highways and Public Transportation on the roads described below and the City of Huntsville agrees to furnish all required right of way clear of obstructions and free of cost to the State: US Highway 75 at 13th Street, 16th Street, 17th Street, Avenue I, Farm to Market Road 1374, Sycamore Avenue and Lake Road on Farm to Market Road 247 at Farm to Market Road 2821 VOTE on the motion was as follows: William V. Nash, Mayor Bill Hodges, Councilmember Murray A. Brown, Councilmember Percy Howard, Jr., Councilmember Larry Corley, Councilmember Jane Monday, Councilmember Stephen E. Davis, Councilmember Bob Tavenner, Councilmember Jerry L. Dowling, Councilmember WHEREUPON the motion was declared carried. THE STATE OF TEXAS § CITY OF HUNTSVILLE § I hereby certify that the foregoing is a true and correct copy of order passed by the Huntsville City Council on the 20th day of Sept. 1983. �City�ecretary Ruth DeShaw SEAL _� :'..� n te.•.n-::o AND YU;3LIU'fRANSYG;tT'ATiU )IAI�VFR County a a U1E ORDER jikcL No. 17 I .nirnve c, in SiALREEP. C6UN1'Y, the City of Huntsville has requested assiota venue I-Pim to 9na"zation on U_ S_ Highway 75 at 13th Street. 1ke 8 � snd on�Farm totrMarket ARoad 247 at Farm to Market Road 1374, Sycamore Avenue and Ls Bonoatid 2821; and and Farm to Ilarket Road 247 are included in the Urban System; and FAC, U. S. Highway 75 o£ the State Department of Highways and public Transportation to WHEREAS, it is the desire assist the City of Huntsville in such work; E° directed to tender the following proposal .to the NOW, THERORE, the Engineer-Director is City of Huntsville: provided the City will: s upon completion in a manner satisfactory to the 1. Maintain-arid-operate the 'signal Department. 2_ Adopt and,enforce such ordinances and regulations as may be required for proper operation of the signals. Subject to the availability of Federal-aid Urban System funds and the eligibility of the proposed work for financing with said funds, the State Department of Highays and public Transportation will: 1. prepare construction plans and specifications. 2. provide for Traffic Signals at an estimated cost of $270,000 as authorized in the 1983-1986 Urban Syttem Program. Upon acceptance of the provisions of this rorderecto by the appropriate =Cellule of ehementsY of Huntsville, the Engindetsilsooflthe proposed improvementsd to enter into ,sto proceed ywith the with the City covering engineering development of the project and with construction in the most feasible an economical manner- This Cyder shall become operative upon acceptance by the City1of HuntsirtiIltEsuid If nok accepted within 90 days of the date hereof, the action hereinicontained shall be auto} matically cancelled. DISTRICT FU. Copy /^"'�` Examined and room cnd$,by+i-..::-. ay-P(3fRli Submitted by --"—"–� Approved Deputy/Aseistnnt Engineer-Director (Till.) program Engineer Ene)neerD(t.ctor (�� q Approved: 81I6fa 00145 Commissionu Minute Number_—�-�---J Commie-caner Date Passed AUG 25 83 Commissioner D Nnic:TI•u form u to be wbmincd 11 yuintnplk.te. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 83-14 Board of Directors Vote STATE OF TEXAS I COUNTY OF WALKER X KNOW ALL MEN BY THESE PRESENTS: R E S O L U T I O N #83-14 A RESOLUTION BY THE VOTING FOR MEMBERS OF THE BOARD D ECTORS Or THE WALKER COUNTY CENTRAL APPRAISAL DISTRICT. Whereas, Senate Bill 621, Section 6.031provides for the formation of the Board of Directors for the Walker County Central Appraisal District and their appointment by vote of the participating taxing entities in the district; the cast their votes as follows; Candidate Votes For 1.JOHN AMICK 2.LEON BELINOWSKI 3.M. B. ETHEREDGE pp 4.RALPH LAWSON S.JOYCE ROBINSON 6.J. S. ROBINSON /7�` 7.CECIL WM ( ILLIA S �`If APPROVED THIS THE,Z5th DAY OF QC T�,Q ,19•��• PRESIDING ::;;ATTEST A VOTING ENTITLEMENT Jurisdiction Revenue (1982) Percentage X1000X7= Votes City of Huntsville $1,450,369 14.80 1036 City of Riverside $ 10,985 .11 8 Huntsville ISD $5,525,521 56.39 3947 New Waverly ISD $ 539,644 5.51 385 Richards ISD $ 37,141 .38 27 Walker County $2,235,073 22.81 1597 $9,798,733 100% 7000 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 83-15 Max M. Rogers Day � M R E S O L U T I O N NO. 83-15 WHEREAS for the past fifty-two years the Honorable Max M. Rogers has dedicatedly served the Public in numerous judicial capacities; and WHEREAS, during that span of years, Judge Rogers has distinguished himself, the 12th Judicial District, and the Bar and Bench of Texas; and WHEREAS, during these years of outstanding judicial service, Judge Rogers has made Huntsville, Walker County, Texas, his home and brought great honor upon the area through his enlightened endeavors to improve the judicial system; and WHEREAS, while it is fitting and proper that our citizens recognize and appreciate his contributions to the legal profession and our justice system, it is especially so at this time upon the announcement of his retirement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, and the Commissioners Court of Walker County, Texas, that Tuesday, November 1, 1983 be designated as JUDGE MAX M. ROGERS DAY in recognition of his outstanding service to mankind, the City of Huntsville and County of Walker, as well as the Bar and Bench of Texas. PASSED UNANIMOUSLY by the Commissioners Court of Walker County and the City Council of the City of Huntsville, Texas, at their respective meetings on October 24th and 25th, 1983, and hereto certified by the hands of the Executive Officers and Seals of both bodies. �IALPHI. AVIS WILLIAV. NA SH County Judge / Mayor Walker County, Texas City of Huntsville, Texas t _,I RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 83-16 Transportation Plan Adoption RESOLUTION NO. 83-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A COMPREHENSIVE TRANSPORTATION PIAN AS AN EMEME TI' OF THE COMPREHENSIVE PLAN OF THE CITY OF HUNTSVILLE. WHEREAS, the City Council recognizes its responsibility for establishing a Comprehensive Transportation Plan; and WHEREAS, in order to insure objectivity, consistency, and equality in meeting the comprehensive transportation requirements of the community, it is necessary to document and justify such policy in accordance with predetermined and agreed upon goals and objectives; and WHEREAS, the City Council desires to coordinate the construction and rehabilitation of the street system within the City in order to avoid duplication and maximize the effective use of public and private facilities and service; and WHEREAS, the City Council has reviewed the Comprehensive Transportation Plan as an element of the Comprehensive Plan at a public hearing held thereon; and WHEREAS, the City Planning Commission of the City of Huntsville has studied, debated and recommended the adoption of such Comprehensive Transportation Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: THAT the Comprehensive Transportation Plan attached hereto as Exhibit "A' and made a part hereof for all purposes is adopted as a component of the Comprehensive Plan of the City of Huntsville; and THAT such Comprehensive Transportation Plan shall at all times be kept current with regard to the needs of the City of Huntsville and reflective of the official views of the City Council and shall be reviewed annually by the City Planning Commission; and THAT said Comprehensive Transportation Plan shall guide the implementation of capital improvements insofar as said projects affect the physical development of the City. PASSED AND APPROVED this the day of 198. THE CITY OF HUN SVILLE William V. Nash, Mayor A Sh�C City Secretary APP pVED AS J FORM: Scott Bounds, Cit torney _ RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 83-17 Capital Improvements Program/Adopted RESOLUTION NO. 83-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE' TEXAS, ADOPTING A CAPITAL IMPROVEMENTS PROGRAM WHEREAS, the City Council recognizes its responsibility to establish a long range Capital Improvements Program; and WHEREAS, the City Council intends to coordinate the construction of public improvements in order to avoid duplication and maximize the effective use of public funds; and WHEREAS, the City Council has reviewed the Capital Improvements Program at a public hearing held thereon; and WHEREAS, the City Planning Commission has studied, debated and recommended the adoption of the Capital Improvements Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: THAT the Capital Improvements Program, attached hereto as Exhibit "A" and made a part hereof for all purposes, is adopted as a component of the Comprehensive Plan of the City of Huntsville; and THAT such Capital Improvements Program shall at all times be kept current with regard to the needs of the City of Huntsville and reflective of the official views of the City Council and shall be reviewed annually by the City Council. PASSED AND APPROVED this theJJK/�ray of , 1983. THE CITY OF HUNTSVILLE B _ Y William V. Nash, Mayor A Ruth DeShaw, City Secretary APPROVED AS TO FORM: 're'�'d� Scott Bounds, City Attorney EXHIBIT A C O M P R E H E N S I V E T R A N S P O R T A T I O N P L A N Volume 4 of the Comprehensive Plan of Huntsville, Texas CITY OF HUNTSVILLE, TEXAS NOVEMBER 1983 CITY COUNCIL William V. Nash, Mayor William Hodges Larry Corley Percy Howard, Jr. Murray A. Brown Jane Monday Stephen Davis Robert M. Tavenner Jerry L. Dowling PLANNING COMMISSION Mary Frances Park, Chairman Joel E. Jeffcote Candy Dixon B. K. Marks Earnest Grover, Jr. Bill McAdams Richard A. Hartley CITY STAFF Gene Pipes, City Manager Dale Brown, Director of Planning ACKNOWLEDGEMENTS CITIZEN ADVISURY COMMITTEES DATA BASE LAND USE William (Bill) Green Bruce Graving Vernon Sweeney Robert M. Tavenner Gary Randazzo Jerry Baker Roy Williams Ed Davis TRANSPORTATION PUBLIC UTILITIES Max Schlotter Bill Knotts Clyde "Bo" Hall Curtis Morris Richard Hartley Frank Robinson Grady Manis Frank Leathers CENTRAL BUSINESS DISTRICT HOUSING Mary Frances Park Earnest Grover, Jr. Jerry Nemec Hugh Barnett Paul Mitchell Linda Schulz James Patton assisted by the following City Staff Members: Glenn Isbell, Director of Engineering Design David Farrar, Director of Public Safety Johnny Poteete, Director of Public Works David Smith, City Engineer Robert Smith, Director of Community Development Boyd Wilder, Director of Public Utilities IV TRANSPORTATION INTRODUCTION It is the scope of this section of the Comprehensive Plan to analyze the various transportation modes and recommend courses of action to insure that the transportation system in Huntsville remains adequate. Huntsville's current transportation system was examined, identifying existing strengths, weaknesses and future needs. The basic transportation modes affecting the area (air, bus, rail and automobile) were analyzed to determine their current and future levels of efficiency. An examination and evaluation was made of the City's overall street and highway network, identifying the present and potential problem areas, major traffic generators, the geometric nature of the network and existing signalization schemes. In addition, existing freight and passenger transit services were identified and examined. Thoroughfares The thoroughfare system of a city is the principal means of movement of people and goods. The streets and highways that comprise this system are the carriers in this network. Their capacity is determined by size, condition, routing and land usage to be served. A thoroughfare system consumes large quantities of land and requires great amounts of the 4-1 community-s income to construct and maintain. The system must, therefore, be understood as basically established to serve one purpose - - movement of people and goods between all parts of the community. For the purpose of this study, the thoroughfare system in Huntsville has been classified according to the function terminolo and to commonly applied yY• The classifications are as follows: Expressways - a divided multi-lane arterial street designed for rapid unimpeded movement of large volumes of traffic with full control of access and grade separations at intersections. Expressways are not intended to provide direct access to adjoining land. Arterials - streets that serve major traffic movements. They are primarily traffic carriers between various sections of the City and form a network of through streets. Service to abutting properties and access to these properties are secondary functions. Collector Streets - a street located within a neighborhood or Other integrated use area which collects and distributes traffic from local streets and connects with arterial streets or community facilities. 4-p Local Streets - provide access to abutting property and circulation for traffic within residential, commercial and industrial areas and are designed for low-speed travel and configured to discourage through traffic. It should be noted that real-world actualities do not always observe functionally efficient, textbook descriptions such as those above. Many streets in Huntsville function as more than one of the above street categories. For the purposes of this study, analysis of the existing and future street system of Huntsville will concentrate only upon the major thoroughfares of the city; that is, expressways, arterials and collector streets. The location of future residential streets will depend upon the future design of subdivisions by private developers. By following standards established in the Design Criteria Manual, future residential streets can be fitted into the major street system of the City. The proposed thoroughfare system contained in the future street system section of this study is the framework around and within which the future development of Huntsville will be contained. Existing Street System The existing thoroughfare system of Huntsville is shown in Map 4-1: EXISTING THOROUGHFARE SYSTEM. The primary traffic carriers of the city are the National and State highways that serve the community. Interstate 45, which ties Houston to Dallas, is located in the western 4-3 FM 1811 lIN 1 A I A f IN YF' aN p �a4 CITY OF HUNTSVILLE,TEXAS COMPREHENSIVE PLAN 1582 Map 4-1 EXISTING THROUGHFARE SYSTEM ICUSSIFIEDDY FUNCYIDNI ®EXPRESSWAYS ARTERIALS -COLLECTORS part of the city; State Highway 19 (East Loop) is located at the extreme east side of the city. U. S. Highway 75 passes through the center of the city providing its primary north-south traffic corridor while State Highway 30 (11th Street) runs due east-west joining U. S. Highway 190 and State Highway 19 to form the city's major east-west traffic corridor. Additionally, the city is served by several State farm-to-market roads. FM 2821 serves as the city's north loop. Connecting the downtown with FM 2821 is FM 247 (Avenue M) running north-south from Highway 30. Finally, the southwestern portion of the city is served by FM 1374 (Montgomery Road) while FM 3411 (old Phelps Road) serves southeast Huntsville. The original plat of the City of Huntsville was based on a grid street pattern. As development continued, this pattern was extended where possible in a somewhat modified form to fit the demands of local topography. Although most of these local streets serve limited areas, a few function as collector streets. Such is the case with Normal Park Drive, Avenue 0, Avenue M (from 11th Street south), University Avenue, Avenue F, Lake Road and Sycamore Avenue running north-south within the city. East-west local collector streets are Eastham Drive, 10th Street, 12th Street through 17th Streets between Avenue N and Avenue J, and 22nd Street. MAP 4-1 also provides a designation for City owned streets classifying them according to the standards adopted for streets in the Design Criteria Manual. 4-5 Traffic Characteristics The average daily traffic volumes for Huntsville's major streets are illustrated in MAP 4-2: TRAFFIC VOLUME (1979) which contains the latest information on traffic counts available from the Texas Department of Highways and Public Transportation. Traffic volume data, used to identify trends for purposes of facility evaluation and improvement priority establishment, is the key traffic characteristic in determining the level of street usage efficiency. Volume is used as a "quantity" measure of flow and is the number of vehicles that pass a point in a given period of time. For the purposes of this study, the volume of traffic is expressed in the average total number of vehicles per day (24 hour count). In terms of traffic volume, Table IV-1 provides, in descending order, a list of the most heavily traveled streets in Huntsville. TABLE IV-1 THOROUGHFARE CLASSIFICATIONS AND VOLUMES General Number 24 Hour Average Street Classification of Lanes Traffic Volume I-45 Expressway 4 18,000 S.H. 30 (11th Street) Arterial 4 15,500 U. S. 75 South (Sam Houston Avenue) Arterial 4 14,000 S. H. 30 (from 11th St. to FM 2821) Arterial 2 6,740 Avenue H Collector 2 7,260 U. S. 190 Arterial 4 6,740 U. S. 75 N (Avenue Q) Arterial 2 6,08U Sycamore Avenue Collector 2 5,420 Avenue I Local 2 5,420 Lake Road Collector 2 4,98U Avenue U Collector 2 4,3UO Montgomery Road Arterial 2 4,010 FM 247 Arterial 2 3,850 22nd Street Collector 2 3,280 University Avenue Collector 2 3,142 FM 2821 Arterial 2 2,760 16th Street (East) Collector 2 2,630 4-6 N 0 4500 ft MAP 4-2 TRAFFIC FLOW VEHICLES/ DAY (1979) 10,00$ 20.00 LJM 30,000 4-7 Compare these counts to the theoretical capacities by classification shown in Table IV-2, PRACTICAL TRAFFIC CAPACITIES. TABLE IV-L PRACTICAL TRAFFIC CAPACITIES Minimum Width of - 24 Hour Facility Lanes Lanes Volume Range Expressway 4-8 60,000 to 160,000 Arterial 4-6 44 10,000 to 3U,000 Collector 2 22 2,000 to 5,000 Local 2 22 1UU to 5OU Source: Harold Marks, TRAFFIC CIRCULATIUN PLANNING FOR COMMUNITIES, Gruen Associates, Los Angeles, 1974. A comparison of the average daily traffic counts on the most heavily traveled streets in Huntsville in Table IV-1 with the practical traffic capacities shown in Table IV-2 leads to the following conclusions. 1. S. H. 30 (11th Street) is at or near capacity at the present time. As traffic use continues to grow, speed on the street will decrease, traffic "jams" will become more noticeable and frequency of accidents will increase. Pavement width is at maximum for the existing ROW with little prospect of acquiring additional riyht-of-way. It is likely that the only means of alleviating future traffic problems will be to redirect as much of the traffic as possible to other streets. 2. U. S. 75 S (Sam Houston Avenue) is at or near capacity from S. H. 30 to 22nd Street. The same conditions exists for this street as for S. H. 30, therefore, the same conclusions are appropriate. 4-8 3. Sycamore Avenue is nearing its capacity. Sycamore Avenue, however, has one mitigating factor, it is an extra-wide street which, if all on-street parking is removed, can allow it to carry traffic loads up to the lower limits of an arterial street. 4. Avenue J is functioning as a collector street although originally built to serve local residential functions only. Avenue J and Lake Road are acting as one of the major entrances to SHSU. It is likely that this situation will remain throughout the present planning period. Traffic is likely to continue to grow along with the University. 5. Lake Road is another street that is nearing its capacity limits according to its functional classification. However, this street, like Sycamore, is built in excess of the standard width for collector streets. Therefore, it is possible that this Street will be able to handle traffic loads near to the minimum levels of an arterial street. The mitigating factor for this street will be the hilly terrain over which it runs. 6. Avenue U is another collector street nearing its capacity. Unfortunately, this street was built to serve residential purposes only and is, therefore, too narrow to allow much flexibility. It is also interrupted at its intersection with 19th Street by an offset. Removal of all on-street parking and re-desiyn of the 19th Street intersection will allow this street to continue to function as a minor collector street for the near future. If traffic continues to grow, it is likely 4-9 complete reconstruction and widening of the street will be necessary. Traffic Control To obtain maximum efficiency and safety in any street system, modern traffic control devices must be employed. Standard controls are traffic signals, traffic signs and parking regulations. Signalization Traffic signals are valuable devices for facilitating the safe and efficient control of vehicular and pedestrian traffic and interchange. In 1977, signals along Eleventh Street at Avenue 0, Avenue M, Sam Houston Avenue and University Avenue were interconnected to provide progressive traffic movement along Eleventh Street. These are the only interconnected signals in the city at this time. Additional traffic signals are located along Sam Houston Avenue (U.S. 75 S) at 13th Street, 16th Street, 17th Street, 20th Street, Avenue J - Lake Road, Avenue I, F. M. 1374 and Sycamore Avenue. All are presently pre-timed but not interconnected with other signals to provide progressive traffic flow. Other signalized intersections with noninterconnected signals include Avenue I and 20th Street, 11th Street and U. S. 75 N, 11th Street and Avenue I and 11th Street and I-4b. The City of Huntsville, by letter dated Uecember 16, 1980, requested the assistance of the State Department of Highways and Public Transportation in developing plans for synchronizing the traffic signals on 11th Street 4-10 and Sam Houston Avenue. As a result of this request, a field evaluation of the existing signals was performed. It is recommended that the City update the existing signals to standards required by the Manual Un Uniform Traffic Control Devices (VIUTCD) anu coordinate the signals for progressive movement of traffic. The following is an evaluation of each intersection: (1) US 75 N (Avenue Q) and 11th Street (SH30) - This signal is a traffic actuated signal. The loop on the north approach of US 75N is out of service. It is recommended that the City install a new loop on the north approach and place the signal back in traffic responsive operation. (2) Eleventh Street from Avenue U to University Avenue - These four signals are interconnected for coordinated movement of traffic. No physical changes to the existing signals are required or recommended at this time. (3) Sam Houston (US 75) and 13th Street - The signal equipment and installation at this intersection are basically obsolete. A totally new installation should be provided at this intersection. It is recommended that 12-inch heads for Sam Houston traffic and 8-inch heads for the side street approaches horizontally mounted on span wire be provided. This installation will require three new steel strain poles since the southeast quadrant has an existing steel pole. A three dial, fixed time secondary controller is also 4-11 suggested. (4) Sam Houston (US 7b) and 16th Street - Although the signal heads at this intersection are acceptable, improvements are necessary to bring the installation into compliance with the MUTCU. The existing installation does not meet the requirements that at least one signal indication must be at least 40 feet from the stop line of that approach. Also, the installation does not provide the minimum of two signal indications for the side street approaches. Therefore, it is recommended that a new box type, span wire signal be installed along with horizontally mounted 12-inch heads for Sam Houston Avenue traffic and 8-inch heads for the side street approaches. A new three dial, fixed-time secondary controller is recommended since the existing controller has served its useful life and is obsolete. It is also recommended that 4 new steel strain poles be placed at this intersection; it is unlikely the existing poles could handle the weight of the new installation. (5) Sam Houston (US 75) and 17th Street - The offset of 17th Street complicates the handling of cross-street traffic in a safe, efficient manner. Also, the configuration of the existing signal installation does not lend itself to providing the most desirable signal layout. Therefore, a new signal installation at this intersection is recommended. All 12-inch heads should be installed and mounted vertically to enable positioning the heads in the most acceptable location. A protected left-turn for southbound traffic turning east to the University should be provided. Also 4-12 recommended is splitting 17th Street phasing (i.e., eastbound has green and then westbound has a green). A left-turn green arrow is suggested for both approaches on 17th Street to assure the motorist that the movement is protected. A pedestrian signal indication is included in the southern most crossing of the intersection. It appears that several students cross at this location. The new installation will require a three dial, secondary fixed-time controller. (6) Sam Houston (US 75) and 20th Street - No changes are recommended for this intersection. The existing signal controller is a three dial, fixed-time master controller with three time clocks which can be utilized to coordinate the signals at the 13th, 16th, and 17th Street intersections. It can also be utilized to coordinate these signals along with the four signals south at the Lake Road, Avenue I, FM 1374 and Sycamore Street intersections if the City elects to place all eight signals into one system. (7) Sam Houston (US 75) and Lake Road - This intersection was recently upgraded with a new master control box which will eventually be interconnected with Avenue I, FM 1374 and Sycamore Avenue. Left turn signals have been added to allow turning off of Lake Road and Avenue J. Signals on Sam Houston Avenue were left unchanged. Due to these recent changes, no further upgrading of the intersection is necessary. (8) Sam Houston (US 75) and Avenue I - It is recommended that the 4-13 12-inch signals removed from the 16th Street intersection be installed in lieu of the existing 8-inch heads at this intersection for traffic on Sam Houston Avenue. They should be mounted horizontally. The existing controller is an actuated Signal Computer Corporation's Model 2000 controller. There is concern whether or not this company still manufacturers controllers or replacement parts. Also, this type controller cannot be coordinated to a fixed-time controlled system. Replacing the controller with a two or three dial, secondary fixed-time controller is recommended. (9) Sam Houston (US 75) and FM 1374 - The existing controller should be replaced with a two or three dial, secondary fixed-time controller for the same reasons as outlined under Item 8. (10) Sam Houston (US 76) and Sycamore Street - It is recommended that the existing controller be replaced with a two or three dial, secondary fixed-time controller since the existing controller is an outdated obsolete model. It is also suggested that consideration be given to replacing the pole in the northeast quadrant with one of the steel poles from the 16th Street intersection. The existing pole was damaged during an accident at this intersection. (11) Coordination of Signals along Sam Houston .Avenue - Items 3 through 10 outlined improvements which can be made at eight intersections along Sam Houston Avenue in Huntsville. These improvements will improve traffic operations at these individual 4-14 intersections, but will do little to upgrade flow of traffic along Sam Houston Avenue. This can only be accomplished by .interconnecting the signals and coordinating the signals for progression of traffic. It is recommended that coordination of the signals be undertaken as soon as possible. Other Forms of Traffic Control In general, all the warning and regulatory signs in Huntsville are in good condition and conform with standard requirements. Some parking signs at various locations are missing from their post, in poor condition or mounted too low. Except for State maintained routes, there is limited use of pavement markings on City streets. High Accident Locations An analysis of the frequency of accidents and their location over the last five years (Table IV-3: FIVE YEAR ACCIDENT SUMMARY) has shown a general overall decrease in accidents and a spreading out of accident locations resulting in a fewer number of accidents at any one location. This is probably the result of the efforts on the part of the City in the last few years to provide improved traffic control. 4-15 TABLE IV-3 FIVE YEAR ACCIDENT SUMMARY ACCIDENTS 5 YR. LOCATION TOTAL 1981 80 79 78 77 17th & Sam Houston 48 8 5 11 12 12 11th & Sycamore 47 13 14 17 4 19 13th & Sam Houston 37 7 10 16 5 9 16th & Sam Houston 33 9 7 - 7 10 11th & Avenue M 30 9 14 5 12 10 20th & Sam Houston 31 7 8 14 14 8 11th & Sam Houston 23 7 4 12 3 7 FM 2821 & Avenue M 25 7 12 - 9 7 Hwy 19 & FM 2821 23 8 12 12 - FM 1374 & I-45 (West Frontage Road) 18 1 1 5 9 12 TOTAL 315 66 58 52 55 84 Total Accidents 2615 464* 437 458 527 729 % of Total Accidents 12% 14% 13% 11% 10% 12% * As of October, 1981 4-16 PROBLEMS IN THE EXISTING STREET SYSTEM A citizens advisory committee appointed by the Mayor of Huntsville met during the spring of 1982 to discuss the problems in the present street system. Their conclusions, divided out between long-term and short-term problems are provided in Tables IV-4 and IV-5. TABLE IV-4 Street System LONG TERM STREET SYSTEM PROBLEMS 1. Lack of Through East-Nest Streets 2. Lack of Through North-South Streets 3. Limited Overpasses Across I-45 4. Lack of Policy on Maintenance and Ownership of Streets in newly annexed areas. 5. Lack of Policy on Street Paving. 6. Lack of Policy on Construction of Sidewalks. 7. Lack of Policy on Growth of Trees and Vegetation in Public Riyhts-of-Way. 8. Lack of Policy on Maintenance of Drainage Channels. 4-17 TABLE IV-5 Street System SHORT TERM STREET SYSTEM PROBLEMS Problem Examples Inadequate Arterial Streets Avenue M (11th St. to 2821) Hwy 7bN (11th St. to I-45) Hwy 30 (I-45 blest) FM 2821 (North Loop) Montgomery Road (FM 1374) Inadequate Collector Streets 10th Street Avenue 0 22nd Street Lake Road 16th Street Congested Streets 11th Street Sam Houston Avenue Off-Set Streets Avenue 0 (at 19th St.) 17th Street (at Sam Houston Avenue) Truck Traffic Location of Terminals through traffic on-street Loading/Unloadiny Insufficient Parking Downtown SHSU Excessive Curb Cuts Sam Houston Avenue 11th Street Traffic Circulation SHSU TDC Regulatory Signage Various Locations Hazardous Intersections Avenue I and Sam Houston Avenue 4-18 THE FUTURE THOROUGHFARE SYSTEM Efficient and safe transportation of people and goods constitutes one of the most important elements in the yrowth of the City. The future thoroughfare plan for the Huntsville area is shown on MAP 4-3: FUTURE THOROUGHFARE SYSTEM. This system was devised to serve the various patterns of growth projected in the land use study and to provide the most convenient and expeditious routes of travel throughout the Huntsville area. To further expedite the flow of traffic, specifically truck traffic, a routing system for through truck traffic has been developed to complement the future thoroughfare system. MAP 4-4: THROUGH TRUCK AND HAZARDOUS MATERIALS ROUTE displays the recommended system. Upon completion of the proposed west Belt, this route will be added to the system. PUBLIC TRANSIT At the present time Huntsville is without a public transit system. It is doubtful if the future population of Huntsville can support an effective transit system due to the low density of the Huntsville area and the estimated population size. It may be possible, however, that a limited system running between an area of a very hiyh concentration of population such as SHSU and an area of concentrated retail establishments such as the Central Business District could receive sufficient use to remain viable. 4-19 M)BEt TIS t J+ fil A I N rWY r t a w, N CITY OF HUNTSVILLE,TEXAS COMPREHSE8NSIVE PLAN Map 4-3 FUTURE THROUGHFARE SYSTEM (CLASSIFIED BY FUNCTION) o EXPRESSWAY ARTERIALS COLLECTORS N i HWy _ 75 1190 MAP 4-4 THROUGH TRUCK AND HAZARDOUS MATERIAL ROUTE N HUNTSVILLE, TEXAS 4-21 BUS The Continental Trailways Bus Company provides the Huntsville area with intercity and State bus transportation. Present service includes 17 daily stops. Both freight and passenger services are available, the former averaging approximately 50 passengers per day. Unfortunately, due to the limited facilities available in the city, many maneuvers of the busses to position themselves for loading and unloading of passengers occur on Sam Houston Avenue. As traffic volume on this street continues to increase, this situation will become more of a problem. AIR The municipal airport is located on the east side of I-45 in the northwest quadrant of the city. The facility handles some commercial and private air traffic but no major commercial flights presently enter the area. RAILROAD A spur line extending across the eastern portion of Walker County provides Huntsville with its only rail service. The major rail line is located approximately 9 miles east of the City with a terminal located at Phelps. In 1981, an estimated 25 carloads per week were sent out from Huntsville while approximately 15 carloads per week were unloaded in the City. Six days per week service is available with a Palestine destined train originating in Huntsville each Monday, Wednesday and 4-22 Friday, returning the next day. Current terminal facilities are in a declininy state. The terminal located on Avenue J between 14th and 15th Streets requires freight to be delivered almost downtown in cramped, outdated facilities. Trucks delivering or picking up freight are requested to travel often indirect routes on streets not designed to carry truck traffic, to arrive at the terminal. If use of the railroad is to continue to grow in Huntsville, it is unlikely that these facilities can continue to provide adequate service. A more viable situation would be the relocation of the freight facilities adjacent to State Highway 19 and Bearkat Boulevard. MOTOR FREIGHT I Central Freight Lines is the area's largest trucking firm, with additional freight services available from Red Arrow Freight Lines, U-Haul, Inc., Ryder Truck Rental One-way, Inc. and Missouri Pacific Transport. Morning and afternoon schedules to Houston and Dallas link the Huntsville area with national connections. Local warehouses are maintained by each of these freight lines. PEDESTRIAN AND BICYCLE TRANSPORT Walking and bicycling have continued to hold an important place in the y y movement of people in Huntsville. Due to the size of the city it is still possible to transverse the city either by walking or bicycling. Unfortunately, few facilities exist within the city to encourage either 4-23 form of movement. No designated bicycle lanes exist and sidewalks, except in the downtown area, are intermittent. Therefore, a system is recommended to coordinate these two forms of movement and to insure the safety as much as possible of those who use these methods. WATER TRANSPORT Huntsville does not have direct access to waterway transportation. RECOMMENDATIONS 1. It is recommended that the City formally adopt the future thoroughfare plan of the City of Huntsville as displayed in MAP 4-3: FUTURE THOROUGHFARE SYSTEM of the Comprehensive Plan. 2. It is recommended that the City formally adopt and implement by ordinance routes for through trucks and hazardous materials. The recommended routes are displayed on MAP 4-4: THROUGH TRUCKS AND HAZARDOUS MATERIALS ROUTES. Funds should be appropriated at the time of ordinance passage for necessary signage. 3. It is recommended that the City prohibit blocking of traffic lanes by delivery trucks. This problem is especially acute along Sam Houston Avenue and 11th Street. It is suggested that the City require back door delivery where feasible; where not feasible, designated loading/unloading areas adjacent to the curb should be provided. It is also recommended that, where curbside load zones are provided, that they 4-24 be designated for specific time periods and uses and that the regulations be strictly enforced. 4. It is recommended that the City remove all unnecessary hindrances to traffic flow along its collector streets. Hindrances include inappropriate or unnecessary stop siyns, dips, and rough or bumpy driving surfaces and blocked sight triangles. 5. It is recommended that the City devise and adopt formal policies related to the following: (a) maintenance and ownership of streets in newly annexed areas; (b) street paving; (c) construction of sidewalks; (d) growth and control of vegetation in public rights-of-way; (e) maintenance of drainage channels. 6. The City in cooperation with the Downtown Merchants and the Chamber of Commerce should undertake a study to determine the economic feasibility of providing off-street parking facilities in the downtown area. 7. In cooperation with SHSU, the City should develop a traffic circulation and parking plan for the area adjacent to the University. 4-25 8. In cooperation with TDC, the City should develop a traffic circulation and parking plan for the area adjacent to the Walls Unit. 9. It is recommended that the City adopt more detailed standards for the design and placement of driveways, especially commercial driveways. It is also recommended that all private driveways built within public street rights-of-way and connected to paved streets be required to be surfaced with either asphalt or concrete. 10. It is recommended that the City continue to pursue the development of an economically feasible Airport Master Plan. 11. It is recommended that the City institute a program for reviewing the adequacy of rights-of-way for existing streets and, where inadequate, to obtain the additional necessary rights-of-way. 12. It is recommended that the City stay abreast of the developments in rapid rail and mass transit facilities for this region and insure Huntsville's participation whenever possible. 13. It is recommended that the City adopt and implement, through a Capital Improvements Program, the projects listed in the following: CAPITAL NEEDS INVENTORY. Included in this list is a prioritization of each project and a generalized timetable for completion. 4-26 be designated for specific time periods and uses and that the regulations be strictly enforced. 4. It is recommended that the City remove all unnecessary hindrances to traffic flow along its collector streets. Hindrances include inappropriate or unnecessary stop signs, dips, and rough or bumpy driving surfaces and blocked sight triangles. 5. It is recommended that the City devise and adopt formal policies related to the following: (a) maintenance and ownership of streets in newly annexed areas; (b) street paving; (c) construction of sidewalks; (d) growth and control of vegetation in public rights-of-way; (e) maintenance of drainage channels. 6. The City in cooperation with the Downtown Merchants and the Chamber of Commerce should undertake a study to determine the economic feasibility of providing off-street parking facilities in the downtown ' area. 7. In cooperation with SHSU, the City should develop a traffic circulation and parking plan for the area adjacent to the University. 4-25 CAPITAL NEEDS LIST: TRANSPORTATION FACILITIES Priority Description 1* Widen State Highway 30 to four (4) lanes (curb and gutter) with a center turn lane from I-45 to the City Limits 2* Widen U.S. 75 N to four (4) lanes (curb and gutter) with a center turn lane from 11th Street (State Highway 30) to I-45 3* Widen FM 1374 to four (4) traffic lanes with a center turn lane from U.S. 75 S to City limits 4* Widen FM 247 to four (4) traffic lanes from State Highway 30 to FM 2821 5* Redesign and reconstruct the intersection of S.H. 30, U.S. 190, and Sycamore Avenue 6 Upgrade the traffic signals along 11th Street and Sam Houston Avenue as recommended in the Comprehensive Plan according to the following Schedule: (a) U.S.75(N) and 11th Street; (b) Sam Houston Ave. and 13th Street; (c) Sam Houston Ave. and 16th Street; (d) Sam Houston Ave. and 17th Street; (e) Sam Houston Ave. and Avenue I; (f) Sam Houston Ave. and FM 1374; (g) Sam Houston Ave. and Sycamore. 7 Coordination of Signals along Sam Houston Avenue *or in accordance with schedules established by the Texas Department of Highways and Public Transportation. 4-27 TRANSPORTATION CAPITAL NEEDS LIST Priority Description 8 Acquire rights-of-way for future streets listed below: (a) 16th Street (1) from Avenue Q to I-45 (2) from State Highway 19 to FM 2929 (b) Roans Ferry Road from 9th Street to FM 2821 " (c) 10th Street (1) from U.S. 75 to Normal Park (2) from Avenue F to Roans Ferry Road (d) Avenue F from 3rd Street to FM 2821 9 Resurface 10th Street from U.S. 75 N to University Avenue 10 Resurface Avenue 0 from 11th Street to 22nd Street 11 Eliminate the offset street intersections at the following locations: (a) Avenue 0 and 19th Street (b) 17th Street and Sam Houston Avenue (c) Avenue I anad 12th Street (d) University Avenue and 8th Street 12 Widen U.S. 75 S to four (4) traffic lanes (curb and gutter) with a center turn lane from State Highway 19 to I-45 13 Redesign and rebuild the Avenue I-Sam Houston Avenue intersection to provide as nearto a 90 degree intersection as possible 14 Extend 16th Street from Avenue Q to I-45 15 Extend Avenue F from 3rd Street to FM 2821 16 Extend 10th Street westward from U.S. 75 N to I-45 17 Extend 10th Street eastward from Avenue F to Roans Ferry Road 18 Extend Bearkat Blvd. eastward from State Highway 19 to intersect with FM 2929 19 Widen and pave Roans Ferry Road to collector street standards 4-28 CORRECT ION This Document Has Been Rephotographed To Assure Legibility. Microfilming Target RMD 210(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized. be designated for specific time periods and uses and that the regulations be strictly enforced. 4. It is recommended that the City remove all unnecessary hindrances to traffic flow along its collector streets. Hindrances include inappropriate or unnecessary stop signs, dips, and rough or bumpy driving surfaces and blocked sight triangles. 5. It is recommended that the City devise and adopt formal policies related to the following: (a) maintenance and ownership of streets in newly annexed areas; (b) street paving; (c) construction of sidewalks; (d) growth and control of vegetation in public rights-of-way; (e) maintenance of drainage channels. 6. The City in cooperation with the Downtown Merchants and the Chamber of Commerce should undertake a study to determine the economic feasibility of providing off-street parking facilities in the downtown area. 7. In cooperation with SHSU, the City should develop a traffic circulation and parking plan for the area adjacent to the University. 4-'L5 8. In cooperation with TUC, the City should develop a traffic circulation and parking plan for the area adjacent to the Walls Unit. 9. It is recommended that the City adopt more detailed standards for the design and placement of driveways, especially commercial driveways. It is also recommended that all private driveways built within public street rights-of-way and connected to paved streets be required to be surfaced with either asphalt or concrete. 10. It is recommended that the City continue to pursue the development of an economically feasible Airport toaster Plan. 11. It is recommended that the City institute a program for reviewing the adequacy of rights-of-way for existing streets and, where inadequate, to obtain the additional necessary riyhts-of-way. 12. 'It is recommended that the City stay abreast of the developments in rapid rail and mass transit facilities for this region and insure Huntsville's participation whenever possible. 13. It is recommended that the City adopt and implement, through a Capital Improvements Program, the projects listed in the following: CAPITAL NEEDS INVENTORY. Included in this list is a prioritization of each project and a generalized timetable for completion. 4-26 CAPITAL NEEDS LIST: TRANSPORTATION FACILITIES Priority Description 1* Widen State Highway 30 to four (4) lanes (curb and gutter) with a center turn lane from I-45 to the City Limits 2* Widen U.S. 75 N to four (4) lanes (curb and gutter) with a center turn lane from 11th Street (State Highway 30) to I-45 3* Widen FM 1374 to four (4) traffic lanes with a center turn lane from U.S. 75 S to City limits 4* Widen FM 247 to four (4) traffic lanes from State Highway 30 to FM 2821 5* Redesign and reconstruct the intersection of S.H. 30, U.S. 190, and Sycamore Avenue 6 Upgrade the traffic signals along 11th Street and Sam Houston Avenue as recommended in the Comprehensive Plan according to the following Schedule: (a) U.S.75(N) and 11th Street; (b) Sam Houston Ave. and 13th Street; (c) Sam Houston Ave. and 16th Street; (d) Sam Houston Ave. and 17th Street; (e) Sam Houston Ave. and Avenue I; (f) Sam Houston Ave. and FM 1374; (g) Sam Houston Ave. and Sycamore. 7 Coordination of Signals along Sam Houston Avenue *or in accordance with schedules established by the Texas Department of Highways and Public Transportation. 4-27 TRANSPORTATION CAPITAL NEEDS LIST Priority Description 8 Acquire rights-of-way for future streets listed below: (a) 16th Street (1) from Avenue Q to I-45 (2) from State Highway 19 to FM 2929 (b) Roans Ferry Road from 9th Street to FM 2821 " (c) 10th Street (1) from U.S. 75 to Normal Park (2) from Avenue F to Roans Ferry Road (d) Avenue F from 3rd Street to FM 2821 9 Resurface 10th Street from U.S. 75 N to University Avenue 10 Resurface Avenue 0 from 11th Street to 22nd Street 11 Eliminate the offset street intersections at the following locations: (a) Avenue 0 and 19th Street (b) 17th Street and Sam Houston Avenue (c) Avenue I anad 12th Street (d) University Avenue and 8th Street 12 Widen U.S. 75 S to four (4) traffic lanes (curb and gutter) with a center turn lane from State Highway 19 to I-45 13 Redesign and rebuild the Avenue I-Sam Houston Avenue intersection to provide as nearto a 90 degree intersection as possible 14 Extend 16th Street from Avenue Q to I-45 15 Extend Avenue F from 3rd Street to FM 2821 16 Extend 10th Street westward from U.S. 75 N to I-45 17 Extend 10th Street eastward from Avenue F to Roans Ferry Road 18 Extend Bearkat Blvd. eastward from State Highway 19 to intersect with FM 2929 19 Widen and pave Roans Ferry Road to collector street standards 4-28 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 83-18 DWI Step Program RESOLUTION NO. 83- �$ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING ITS CITY MANAGER TO EXECUTE AN AGREEMENT RELATED TO DWI-STEP PROGRAM. WHEREAS the City Council of the City of Huntsville, Texas did approve an application to the Texas State Department of Highways and Public Transportation for a DWI - STEP program; and WHEREAS the State has approved said application; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The City Manager is hereby authorized and directed to execute an agreement on behalf of the City with the Texas Department of Highways and Public Transportation for a DWI - STEP Program from October 1, 1983, to September 30, 1984. Section 2: This Resolution shall take effect immediately. PASSED this the 29th day of November , 1983. CITY OF HUNTSVILLE, TEXAS By C� William V. Nash, Ma r ATTEST: :�&&Jjl � th DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 83-19 Calls Election for Issuance of Bonds 12-13-83 • RESOLUTION NO. 83-19 RESOLUTION CALLING BOND ELECTION WHEREAS, the City Council of the City of Huntsville, Texas, has determined, and hereby affirmatively determines, that an election should be held in said City on the propositions of issuing City bonds payable from ad valorem taxes for the purposes hereinafter set forth; and WHEREAS, the City Council deems it necessary to call the election hereinafter described; Now, Therefore BE IT RESOLVED BY THE CITY OF HUNTSVILLE: 1. That an election shall be held in and throughout the City of Huntsville, Texas, on the 21st day of January, 1984, at which election the following propositions will be submitted in accordance with law: PROPOSITION NO. ONE SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF SAID CITY IN THE AMOUNT OF $2,000,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW,AS SHALL BE DETERMINED WITHIN THE DISCRETION OF SAID CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS IN AND FOR SAID CITY, TO-WIT: ROADS, BRIDGES AND STREETS, INCLUDING RELATED DRAINAGE FACILITIES, AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? PROPOSITION NO. TWO SHALL THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, BE AUTHORIZED TO ISSUE AND SELL AT ANY PRICE OR PRICES THE BONDS OF SAID CITY IN THE AMOUNT OF $2,200,000, MATURING SERIALLY OR OTHERWISE WITHIN 40 YEARS FROM THEIR DATE OR DATES, AND BEARING INTEREST AT SUCH RATE OR RATES, NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW, AS SHALL BE DETERMINED WITHIN THE DISCRETION OF SAID CITY COUNCIL AT THE TIME OF ISSUANCE, FOR THE PURPOSE OF CONSTRUCTING PERMANENT PUBLIC IMPROVEMENTS IN AND FOR SAID CITY, TO-WIT: ROADS, BRIDGES AND STREETS, INCLUDING RELATED DRAINAGE FACILITIES,AND TO LEVY TAXES UPON ALL TAXABLE PROPERTY WITHIN SAID CITY ANNUALLY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES; PROVIDED, HOWEVER, THAT SAID CITY COUNCIL SHALL NOT ISSUE SAID BONDS UNLESS AND UNTIL SAID COUNCIL DETERMINES THAT AT LEAST AN EQUAL ADDITIONAL AMOUNT OF STATE, FEDERAL OR OTHER OUTSIDE FUNDS IS AVAILABLE TO THE CITY TO CONSTRUCT SAID PERMANENT PUBLIC IMPROVEMENTS? 2. The City Council hereby declares that it will not issue the bonds described in Proposition No. Two unless and until said Council determines that at least an equal additional amount of State, Federal or other outside funds is available to the City to construct the permanent public improvements included within said Proposition No. 2. 3. The hours during which the polls will be open for voting in said election shall be from seven o'clock a.m. to seven o'clock p.m. 4. Voting shall be at the designated polling places in each of the numbered Walker County Voting Precincts in the City of Huntsville heretofore established and described by natural or artificial boundaries or survey lines by order adopted by the Commissioners Court of Walker County and duly set out in its minutes. The respective polling place for each election precinct, and the persons appointed to serve as respective Presiding Judge and Alternate Presiding Judge for each election precinct are set forth in Exhibit A, attached hereto and made a part hereof for all purposes, and such polling places and election officers are hereby designated and appointed as such for the election. Each Presiding Judge for each election precinct shall appoint two clerks and as many additional clerks as he deems necessary for the proper conduct of the election, provided that not more than a total of five clerks shall be appointed for any precinct. 5. Voting in said election shall be by the use of paper ballots, and the ballots shall conform to the requirements of the Texas Election Code, as amended, and shall have printed thereon the following: OFFICIAL BALLOT PROPOSITION NO. ONE ( ) FOR ) THE ISSUANCE OF $2,000,000 --- STREET IMPROVEMENT AND RELATED ( ) AGAINST ) DRAINAGE BONDS PROPOSITION NO. TWO ( ) FOR ) THE ISSUANCE OF $2,200,000 --- STREET IMPROVEMENT AND RELATED DRAINAGE BONDS WHEN STATE, FEDERAL ( ) AGAINST ) OR OTHER OUTSIDE FUNDS ARE AVAILABLE The voter shall vote on each proposition by placing an "X" or other clear mark in the square beside the statement indicating the way he wishes to vote on such proposition. Absentee voting shall be conducted by a clerk for absentee voting, namely, Ruth DeShaw, City Secretary, and the place at which the absentee voting shall be conducted is designated as the Office of the City Secretary, City Hall, 1212 Avenue M, Huntsville, Texas 77340, which address is the mailing address to which absentee ballot applications and ballots voted by mail may be sent. Said clerk shall keep said office open for at least eight (8) hours, that is, from 8:00 a.m. to 12:00 Noon and from 1:00 p.m. to 5:00 p.m., on each day for absentee voting which is not a Saturday, a Sunday, or an official State holiday; provided, however, except as authorized by Article 5.05, Subdivision 3(d), Texas Election Code, said clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall she permit anyone to vote absentee by personal appearance at any time when her office is not open to the public. 6. All of the duly qualified resident electors of said City shall be qualified to vote on each proposition. EXHIBIT A Election Polling Election Precinct Place Officials No. 101 Fire Station #2 Ruth Klimko, 2109 Sam Houston Ave. Presiding Judge Alternate Judge No. 102 Walker County Courthouse Lillian Nimno, 1100 University Ave. Presiding Judge Alternate Judge No. 105 First Baptist Church Frank Baker, 1500 10th Street Presiding Judge Alternate Judge No. 201 Holiday Inn Dorothy Shandera, 1407 Interstate 45 Presiding Judge Alternate Judge No. 202 First Presbyterian Church Robert Biles Presiding Judge Alternate Judge No. 206 Pine Bluff Church Percy Pace, 3721 Possum Walk Presiding Judge Alternate Judge No. 301 Emancipation Park Bldg. Larry Snyder, (that 300 Avenue F Presiding Judge portion within Alternate Judge City) No. 401 Goree Recreation Center Peggy Kroesche, 30,000 Highway 75 South Presiding Judge Alternate Judge CERTIFICATE FOR RESOLUTION THE STATE OF TEXAS COUNTY OF WALKER We, the undersigned officers of the City Council of the City of Huntsville, Texas, hereby certify as follows: 1. The City Council of the City of Huntsville, Texas, convened in regular meeting on the 13th day of December, 1983, at the regular meeting place thereof, within said City, and the roll was called of the duly constituted officers and members of said City Council and the City Secretary, to-wit: William V. Nash Mayor Murray A. Brown Councilmember Larry Corley Councilmember Stephen E. Davis Councilmember Jerry L. Dowling Councilmember William Hodges Councilmember Percy Howard, Jr. Councilmember Jane Monday Councilmember Robert M. Tavenner Councilmember Ruth DeShaw City Secretary and all of said persons were present, except the following absentees: William Hodges Thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written RESOLUTION CALLING BOND ELECTION and duly introduced for the consideration of said City Council and read in full. It was then duly moved and seconded that said resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of said resolution, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted ..Aye". NOES: None. 2. That a true, full and correct copy of the aforesaid resolution adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that said resolution has been duly recorded in said City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said meeting pertaining to the adoption of said resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of said City Council as indicated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and purpose of the aforesaid meeting, and that said resolution would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Vernon's Article 6252-17, as amended. SIGNED AND SEALED this 13th day of December, 1983. �uth�DeShaw, Secretary William V. Nash, Mayor (Seal) NOTICE OF BOND ELECTION TO THE DULY QUALIFIED RESIDENT ELECTORS OF THE CITY OF HUNTSVILLE, TEXAS: NOTICE IS HEREBY GIVEN that an election will be held in and throughout the City of Huntsville, Texas, on the 21st day of January, 1984, pursuant to and in keeping with the following resolution adopted by the City Council of said City, to-wit: 0 • 7. Notice of said election (both in the English language and in the Spanish language) shall be given by posting a substantial copy of this election resolution at three (3) public places in such City and also at the City Hall, not less than fourteen (14) days prior to the date set for said election, and same shall likewise be published on the same day in each of two (2) successive weeks in The Huntsville Item, the official newspaper of the City, same being a newspaper published in the English language and of general circulation in said City, the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. PASSED AND APPROVED this 13th day of December, 1983. William V. Nash, Mayor CITY OF HUNTSVILLE, TEXAS ATTEST: �� uth �w, ty Secretary (Seal) APPROVED AS TOFORM Go-FC Scott Bounds City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 84-1 City vs. David J Willie RESOLUTION NO. 84-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO MAKE A FINAL DEMAND FOR PAYMENT AND TO FILE SUIT TO COLLECT FOR DAMAGES TO A CITY VEHICLE; MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS, on January 11, 1982 a City owned vehicle was involved in a col- lision with a vehicle owned or operated by Mr. David Jeffery Wille; and WHEREAS, City Council believes that the accident was caused solely by the negligence of Mr. Wille; and WHEREAS, the City sustained damages at least in the amount of $1,191.70 as a result of said collision; and WHEREAS, the City Administration has already made a demand for payment of damages from Mr. Wille in the amount of $1,191.70; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The City Attorney is hereby authorized and directed to file suit against Mr. Wille for collection of said damage in a court of proper jurisdiction. Section 2: This resolution shall become effective immediately from and after its adoption by City Council. APPROVED this IdA day of Saay , 1984. THE CITY OF HUNTSVILLE, TEXAS BY WILLIAM V. NASH, MAYOR ATTEST: u DeShaw, ity ecretary, APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 84-2 T. Hoage Day/Recognition for Athletic Accomplishments RESOLUTION NO. 84-2 WHEREAS on January 4, 1983, the City Council, City of Huntsville, Texas, convened in regular session and duly passed a resolution which recognized a citizen who had distinguished himself as no other resident before him had done; and WHEREAS the assembly that night acknowledged this citizen's national prominence in academic and athletic achievement as ALL AMERICA, and named him an outstanding Citizen of Huntsville because of his noted contribution to the youth of our community as an exemplary role model; and WHEREAS, in conclusion the 1983 resolution extended praise and best wishes for an even better senior season at the University of Georgia for this favorite son who has, in fact, again exceeded-the aspirations held in our hearts for him and, in so doing, has now cast an even longer shadow for his peers and established a record for our townspeople to long remember; and WHEREAS Terry Hoage has always been, above all, a team player in a team sport, we now recognize the even higher echelon of team and personal honors he has garnered throughout his collegiate career which include, but are not limited to: - A National Championship for the University of Georgia - Three Sugar Bowl appearances - Three Southeastern Conference Championships - A Cotton Bowl victory over the University of Texas - Three Years Academic ALL AMERICA - Two Years Consensus ALL AMERICA 1st Team - Heisman Trophy Nominee - Hula Bowl Appearance - Chosen as one of Top Five Athletes by N.C.A.A.; and WHEREAS in reflection on his record we are caused to wonder, When has there ever been . . . and when will there ever be another "Terry Hoage" from Huntsville; a shining example of a student so highly motivated, an athlete so highly dedicated, a citizen so worthy of the praise and honor herewith bestowed . . . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that Tuesday, January 24, 1984 be designated and observed by the Citizens of our Community as TERRY HOAGE DAY in recognition of his unparalleled accomplishments in academic and athletic achievement and in our most sincere appreciation for the example he has set for the youth of this community. We will not soon forget! UNANIMOUSLY PASSED AND APPROVED this the 17th day of January,1984. CITY OF HUNTSVILLE, TEXAS ATTEST: By William V. Nash, Mayor Ruth DeShaw, City Secretary . A f�GM1; RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 84-3 City Bond Election Results RESOLUTION No. 84-3 RESOLUTION CANVASSING RETURNS AND DECLARING RESULTS OF ELECTION THE STATE OF TEXAS § COUNTY OF WALKER E CITY OF HUNTSVILLE g WHEREAS, there was held in the City of Huntsville, Texas, on the 21st day of January, 1984, an election at which there was submitted to all duly qualified resident electors of said City for their action thereupon, the following propositions: (1) the issuance of $2,000,000 street improvement and related drainage bonds; and (2) the issuance of $2,200,000 street _mprovemtnt and related drainage bonds when state, federal or other outside funds are available; and WHEREAS, there was cast at said election: 1,115 votes, of which number there were cast: PROPOSITION NO. ONE FOR THE ISSUANCE OF $2,000,000 STREET IMPROVEMENT AND RELATED DRAINAGE BONDS 638 votes AGAINST THE ISSUANCE OF $2,000,OOC STREET IMPROVEMENT AND RELATED DRAINAGE BONDS 474 votes PROPOSITION NO. TWO FOR THE ISSUANCE OF $2,200,000 STREET IMPROVEMENT AND RELATED DRAINAGE BONDS WHEN STATE, FEDERAL OR OTHER OUTSIDE FUNDS ARE AVAILABLE 653 votes AGAINST THE ISSUANCE OF $2,200,000 STREET IMPROVEMENT AND RELATED DRAINAGE BONDS WHEN STATE, FEDERAL, OR OTHER OUTSIDE FUNDS ARE AVAILABLE 448 votes as shown in the official election returns heretofore submitted to the City Council of said City and duly filed with the City Secretary of said City Council; and WHEREAS, said election was called and held in all respects under and in strict conformity with the Constitu- tion and laws of the State of Texas and the United States of America; Now, Therefore BE IT RESOLVED B`1 THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1: That the election held in and throughout the City of Huntsville, Texas, on the 21st day of January, 1984, which election is more particularly described in the preamble of this resolution, was duly called and notice thereof was given and said election was held under and in strict conformity with law; that only duly qualified resident electors of said City voted at said election; that due returns of said election have been made by the proper officers; that said election has .resulted favorable to the issuance of the bonds mentioned in the preamble of this resolution; and that a majority of the qualified voters voting in said election have votea in favor of the issuance of such bonds and the levying of such taxes in payment thereof. Section 2: That the City Council of said City is now authorized to issue all of the bonds described above, and that the City Council is authorized to do any and all things necessary and/or convenient in connection therewith. PASSED AND APPROVED this 21st day of January, 1984. Mayor CITY OF HUNTSVILLE, TEXAS ATTEST: ty Secretary CITY OF HUNTSVILLE, TEXAS (SEAL) APPROVED AS TO FORM Taw A"/-- City Attorney CITY" OF HUNTSVILLE, TEXAS RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: �aJY(N�S CIN11i11CXClLt.L�YO�fck 1GV U(A,VIG� �VG IG RFSOLU710;; ?.0. A RESOLUTION of the governing bode of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of [talker County, Texas, acting for and on behalf of Walker County, Texas, (the "Unit") has heretofore approved the creation of a public non—profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of [talker County Industrial Development Corporation, (the "Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities, and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, all as defined in the rules of the Texas Economic Development Commission (the "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter; if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a bearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of the Commission set forth special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, tnic governing body, acting for and on behalf of the City of. Huntsville, Texas, (the "City") desiring to authorize the financing of certain projects for commercial uses as provided in the Act and the Rule= by establishing one or more eligible blighted areas, did adopt Resolution No. 83-10 designating Eligible Blighted Areas under the Development Corporation Act of 1979, as amended, and the rules and regulations adopted by the Texas Economic Development Commission, making findings in connection therewith, and providing an effective date, on August 2, 1983 (the "Resolution"); and WHEREAS, the Corporation has advised the City that David L. Revelle, an individual, and whose principal place of business is P.O. Box 216, Huntsville, Texas, is considering proceeding with the acquisition and construction of a 9,000 square feet commercial shopping center and the acquisition and installation of related furniture, fixtures, equipment and facilities (the "Project") in that portion of the City of Huntsville designated by said Resolution as an Eligible Blighted Area; and WHEREAS, the Corporation adopted a Resolution on October 7, 1983 with respect to the issuance of bonds to finance the Project proposed by David L. Revelle, on land described in Exhibit "A" attached to and incorporated in this Resolution; and WHEREAS, this governing body has been requested to review and approve the Project and the rules and regulations of the Commission permit the City to approve the Project after publishing and posting notice prior to the date set for public hearing and holding a public hearing; and WHEREAS, notice of public hearing of the consideration of approval of the Project was posted at the City Hall in the City of Huntsville, Texas pursuant to Article 6252-17, V.A.T.S.; and WHEREAS, the notice of public hearing included a description of the Project and the date, time and location of the public hearing concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and location specified in such notice, pursuant to the Rules and Regulations of the Commission, for the purpose of determining whether this governing body should approve the Project; and WHEREAS, this governing body has reviewed the Project proposed by David L. Revelle and considered the same to determine whether said Project: A. Is consistent with the City's objectives for redevelopment of the Eligible Blighted Areas set out in said Resolution; B. Conforms with the limitations, if any, provided in said Resolution; C. will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. Conforms to the Project Approval Standards specified in the Rules and Regulations adopted by the Texas Economic Development Commission and the Resolution of this governing body designating Eligible Blighted Areas; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to request the Commission to approve the Project proposed by David L. Revelle, and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and rules and regulations of the Commission; as amended, NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the Project proposed by David L. Revelle, to be constructed on the land described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, this governing body makes the findings and determinations set forth in the following Sections of this Resolution. SECTION 2: The Commercial Development Project proposed by David L. Revelle, consists of the acquisition and construction of a 9,000 square feet commercial shopping center and the acquisition and installation of related furniture, fixtures, equipment and facilities in Huntsville, Texas, on land being fully described on Exhibit "A" attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in an Eligible Blighted Area established by this governing body of the City of Huntsville. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act, as amended, and is a project that will contribute significantly-to the alleviation of the blighted conditions found to exist in the Eligible Blighted Area heretofore designated by the City. SECTION 5: The Applicant for said Project, David L. Revelle, has demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment o; the Eligible Blighted Area heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in the Resolution of this governing body designating the Eligible Blighted Area; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. The Project conforms to the Project Approval Standards of the Rules and Regulations of the Texas Economic Development Commission and the Resolution of this governing body designating the Eligible Blighted Area; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and F. The Project is in furtherance of the public purposes of the Act. SECTION 6: The Commercial Development Project proposed by David L. Revelle should be and is approved by this governing body. SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission. SECTION 8: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and the Rules and Regulations of the Commission, and for the benefit of the corporation, the Unit, the City, the Commission, David L. Revelle, the residents of the City, and all other interested persons. SECTION 9: The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted at the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the scheduled time of such meeting; such place of posting being readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this ?)5t-day of January, 1984. MAYOR, ?RO T Co RAE l CITY OF HUNTSVILLE, T TEST: SECRETARY CITY OF HUNTSVILLE, TEXAS (CITY SEAL) BEGINNINC at an iron rod set for corner at the southeast intersection of Avenue M (a 50-foot street) and 14th Street (a 75-foot street) and from which point a 5/8-inch iron rod with aluminum cap found for southwest corner Block 14, City of Huntsville (old City of Huntsville Fire Station tract) bears North 75.0 feet; THENCE, with south right-of-way 14th Street, S89°32'45"E 100.80 feet to an iron rod set for corner in the south edge of an old sidewalk, said point being also the northwest corner of the Hall Estate tract; THENCE, generally following a line of steel posts and an old fence and with the west boundary of the Hall tract, S00°54'07"W 206.25 feet to an iron rod set for corner in the north boundary of the George H. Vick tract as described by deed dated 22 January 1958; THENCE, with Vick north boundary and generally following an old fence line, S89°37'37"W 97.55 feet to an iron rod set for corner in the east right-of-way for Avenue M, from which iron rod a 1/2-inch galvanized iron pipe found for northwest corner Vick tract bears S89°37'W 1.89 feet; THENCE, with east right-of-way Avenue M, North 207.66 feet to the POINT OF BEGINNING, the boundaries thus described enclosing an area of 0.471 acres. EXHIBIT "A" CERTIFICATE FOR RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. I, the undersigned City Secretary of the City of Huntsville, Texas (the "Unit"), hereby certify as follows: 1. The City Council (the "Governing Body") of the Unit convened in regular session at 7;06 P.m., central standard time, on January IST, 1984, (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body: to-wit: William V. Nash Mayor Larry Corley Councilman Bill Hodges Councilman Stephen E. Davis Councilman Murray A. Brown Councilman Jane Monday Councilwoman Jerry L. Dowling Councilman Percy Howard, Jr. Councilman Bob Tavenner Councilman All of such persons were present, except the following absentees: U11L1/AM \) �� ASH thus constituting a quorum. whereupon a written. RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith (the "Resolution") was duly introduced for the consideration of the City Council and read in full. M0 N 1j l�, moved and N'(��A1 R n_ seconded that the Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: For: r7 Against: ---- Abstained: 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Articles 6252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED thisS 7' d ay anuary, 1984. / (Seal) NOTICE OF PUBLIC HEARING TO D TF. :":E lCi?E iiE't; THI' CITY OF HUNTSVILLE, TEXAS, SHOULD APPROVE A COMMERCIAL PROJECT TO BE FUNDED WITH INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR DAVID L. REVELLF. NOTICE is hereby given that the City- Council of the City of Huntsville, Texas, will convene at the City Hall, 1212 Avenue Pi, Huntsville, Teras, at 7:00 o'clockp_.m. on the 31st day of January, 1984, to determine wheih'er a commercial project should be approved by the City and recommended for approval by the Texas Economic Development Commission under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission, and pursuant to Section 103 of the Internal Revenue Code of 1954, as amended. David L. Revelle, an individual residing in Huntsville, Texas, with his principal place of business is P.O. Box 216, Huntsville, Texas, has requested the City Council to approve a proposed commercial project consisting of the acquisition and construction of a 9,000 square feet commercial shopping center and the acquisition and installation of related furniture, fixtures, equipment and facilities to be located at the intersection of 14th Street and Avenue M, Huntsville, Walker County , Texas. Said Project has been recommended for approval by the Stalker County Industrial Development Corporation, and is within the boundaries of the County and City of Huntsville, Texas. David L. Revelle is requesting the issuance of Industrial Development_Revenue Bonds in an amount now expected not to exceed $650,000 to assist in funding said project. At the time and place herein established for the public hearing, all interested parties may present evidence and testimony on the question of whether the commercial project proposed by David L. Revelle should be approved by the governing body of the City of Huntsville, Texas under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission, and under Section 103 of the Internal Revenue Code of 1954, as amended. CITY OF HUNTSVILLE, TEXAS J %, y~ DEPUTY CITY SECRETARY POSTED: 1/27/84 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: of the governing bode of the City of Huntsville, Texas, approving a commercial project ir. an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of Walker County, Texas, (the "Unit") has heretofore approved the creation of a public non—profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of Walker County Industrial Development Corporation, (the "Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities, and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, all as defined in the rules of the Texas Economic Development Commission (the "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter; if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of the Commission set forth special rules for approval of commercial projects in blighted or economically depressed areas; and VHEREAS, this governinp body, actin: _or and on behalf of the Citv of Huntsville, Texas, (the "City") desiring to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas, did adopt Resolution No. 83-10 designating Eligible Blighted Areas under the Development Corporation Act of 1979, as amended, and the rules and regulations adopted by the Texas Economic Development Commission, making findings in connection therewith, and providing an effective date, on August 2, 1983 (the "Resolution"); and WHEREAS, the Corporation has advised the City that William H. Hodges, an individual, and whose principal place of business is 1212 14th Street, Huntsville, Texas, is considering proceeding with the acquisition and construction of a two story building approximately 12,000 square feet to be used as a commercial shopping center and the acquisition and installation of related furniture, equipment, fixtures and facilities (the "Project") in that portion of the City of Huntsville designated by said Resolution as an Eligible Blighted Area; and WHEREAS, the Corporation adopted a Resolution on November 18, 1983 with respect to the issuance of bonds to finance the Project proposed by William H. Hodges, on land described in Exhibit "A" attached to and incorporated in this Resolution; and WHEREAS, this governing body has been requested to review and approve the Project and the rules and regulations of the Commission permit the City to approve the Project after publishing and posting notice prior to the date set for public hearing and holding a public hearing; and WHEREAS, notice of public hearing of the consideration of approval of the Project was posted at the City Hall in the City of Huntsville, Texas pursuant to Article 6252-17, V.A.T.S.; and WHEREAS, the notice of public hearing included a description of the Project and the date, time and location of the public hearing concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and location specified in such notice, pursuant to the Rules and Regulations of the Commission, for the purpose of determining whether this governing body should approve the Project; and WHEREAS, this governing body has reviewed the Project proposed by William H. Hodges and considered the same to determine whether said Project: A. Is .consistent with the City's objectives for redevelopment of the Eligible Blighted Areas set out in said Resolution; B. Conforms with the limitations, if any, provided in said Resolution; C. Will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. Conforms to the Project Approval Standards specified in the Rules and Regulations adopted by the Texas Economic Development Commission and. the Resolution of this governing body designating Eligible Blighted Areas; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to request the Commission to approve the Project proposed by William H. Hodges, and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and rules and regulations of the Commission; as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION I: The public hearing on the question of whether the Project proposed by William H. Hodges, to be constructed on the land described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, this governing body makes the findings and determinations set forth in the following Sections of this Resolution. SECTION 2: The Commercial Development Project proposed by William H. Hodges, consists of the acquisition and construction of a two story building approximately 12,000 square feet to be used as a commercial shopping center and the acquisition and installation of related furniture, equipment, fixtures and -facilities in Huntsville, Texas, on land being fully described on Exhibit "A" attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in an Eligible Blighted Area established by this governing body of the City of Huntsville. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act, as amended, and is a project that will contribute significantly to the alleviation of the blighted conditions found to exist in the Eligible Blighted Area heretofore designated by the City. SECTION 5: The Applicant for sajd Project, William H. Hodges, has demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment of the Eligible Blighted Area heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in the Resolution of this governing body designating the Eligible Blighted Area; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. The Project conforms to the Project Approval Standards of the Rules and Regulations of the Texas Economic Development Commission and the Resolution of this governing body designating the Eligible Blighted Area; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and F. The Project is in furtherance of the public purposes of the Act. SECTION 6: The Commercial Development Project proposed by William H. Hodges should be and is approved by this governing body. SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission. SECTION 8: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and the Rules and Regulations of the Commission, and for the benefit of the corporation, the Unit, the City, the Commission, William H. Hodges, the residents of the City, and all other interested persons. SECTION 9: The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted at the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the,scheduled time of such meeting; such place of posting being readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this 3/ST day of January, 1984. MAYOR, C> 1-&--M A.Ji K CITY OF HUNTSVILLE, TEX ATTEST: /� Q �/ CI SECREToCVARY, CITY OF HUNTSVILLE, TEXAS (CITY SEAL) TRACT 3: 0.92 Acre Being 0.92 acre (40,000 square feet) of land, more or less, situated in the City of Huntsville, P. GRAY LEAGUE, Abstract No. 24, Walker County, Texas and being out of and a part of a called 25.39 acre tract described in a Deed from Robert B. Smither, et al to Smither Interstate Corridor, Inc. dated September 15, 1983 and recorded in Volume 418, Page 439, Deed Records of Walker County, Texas, said 0.92 acre being more definitely described by metes and bounds as follows: BEGINNING at the most southerly or southwest corner of said 25.39 acre tract, set a 5/8" iron rod for corner at the intersection of the northeast right-of-way line of 19th Street; THENCE N29°58'15"W, with the northeast right-of-way line of said Interstate Highway No. 45 and with a southwest line of said 25.39 acre tract, a distance of 200.0 feet to a 5/8" iron rod set for the most westerly corner of the 0.92 acre tract herein described; THENCE N60°10'20"E - 200.0 feet to a 5/8" iron rod set for corner; THENCE S29°58'15"E - 200.0 feet to a 5/8" iron rod set for corner in the southeast line of said 25.39 acre tract and the northwest right-of-way line of 19th Street; THENCE S60°10'20"W, with the southeast line of said 25.39 acre tract and the northwest line of said 19th Street, a distance of 200.0 feet to the PLACE OF BEGINNING. Surveyed in September, 1983. EXHIBIT "A" .y CERTIFICATE FOR RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. I, the undersigned City Secretary of the City of Huntsville, Texas (the "Unit"), hereby certify as follows: 1. The City Council (the "Governing Body") of the Unit convened in regular session at :0o ?•m., central standard time, on January 3 LSt, 1984, (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body: to-wit: William V. Nash Mayor Larry Corley Councilman Bill Hodges Councilman Stephen E. Davis Councilman Murray A. Brown Councilman Jane Monday Councilwoman Jerry L. Dowling Councilman Percy Howard, Jr. Councilman Bob Tavenner Councilman All of such persons were present, except the following absentees: thus constituting a quorum. Whereupon a written: RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith (the "Resolution") was duly introduced for the consideration of the City Council and read in full. l5Rr)1m AJ moved and City, A ly— seconded that the Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: For: (D Against: I Abstained: 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Fodv; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Articles 6252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED this3&1�day of January, 1984. Cl n Aea4,� City Secretary (Seal) RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 84-6 IDB Approves Commercial Project/Sam Houston Investors RESOLUTION NO. A RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of Walker County, Texas, (the "Unit") has heretofore approved the creation of a public non-profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of Walker County Industrial Development Corporation, (the "Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities, and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, all as defined in the rules of the Texas Economic Development Commission (the "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter; if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066e, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a_ hearing, substantially impair or arrest the sound growth of the City, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, the Rules for Issuing Industrial Revenue Bonds dated November 1981 (4th Printing) (the "Rules") of the Commission set forth special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, this governing body, acting for and on behalf of the City of Huntsville, Texas, (the "City") desiring to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas, did adopt Resolution No. 83-10 designating the entire area of the City as an Eligible Blighted or Economically Depressed Area under the Development Corporation Act of 1979, as amended, and the Rules and Regulations Adopted by the Texas Economic Development Commission, Making Findings in Connection Therewith, and Providing an Effective Date, on August 2, 1983 ("Resolution"); and WHEREAS, the Corporation has advised the City that Sam Houston Investors, a general partnership organized and existing- under the laws of the State of Texas, and whose principal place of business is in Huntsville, Texas, is considering proceeding with the construction of a six-story brick or masonry office building and the acquisition of related facilities and improvements, together with the installation of equipment therein (the "Project") in the City of Huntsville designated by said Resolution as an Eligible Blighted Area; and WHEREAS, the Corporation adopted a Resolution on July 1, 1983, approving, an agreement with respect to the issuance of bonds to finance the Project proposed by Sam Houston Investors as more fully described in Exhibit "A" attached to and incorporated in this Resolution; and WHEREAS, the Commissioners' Court of the Unit adopted a Resolution Approving an Agreement for the Proposed Issuance of Revenue Bonds By and Between Walker County Industrial Development Corporation and Sam Houston Investors on August 22, 1983 in which the Unit approved the agreement for the proposed issuance of revenue bonds between the Corporation and Sam Houston Investors; WHEREAS, in accordance with and pursuant to the terms of the agreement for the proposed issuance of revenue bonds, Sam Houston Investors has advised the City that it will exercise its rights and perform its duties through Sam Houston National Bank Tower, Ltd., a limited partnership organized and existing under the laws Of the State of Texas, whose principal place of business is in Huntsville, Texas, and whose general partner is Sam Houston Investors (the "User"); WHEREAS, this governing body has been requested to review and approve the Project and the Rules of the Commission permit the City to approve the Project after posting notice prior to the date set for public hearing and holding a public hearing; and WHEREAS, notice of public hearing of the consideration of approval of the Project was posted at the City Hall in the City of Huntsville, Texas on January 26, 1984; and WHEREAS, the notice of public hearing included a description of the Project and the date, time and location of the public hearing concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and location specified in such notice, pursuant to the Rules of the Commission, for the purposes of determining whether this governing body should approve the Project; and WHEREAS, this governing body has reviewed the Project proposed by the User and considered the same to determine whether said Project: A. Is consistent with the City's objectives for redevelopment of the eligible blighted or economically depressed area ("EBA") set out in said Resolution; B. Conforms with the limitations, if any, provided in said Resolution; C. Will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the EBA; D. Conforms to the project approval standards specified in the Rules adopted by the Texas Economic Development Commission and the Resolution of this governing body designating EBAs; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to request the Commission to approve the Project proposed by the User and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and Rules of the Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the Project proposed by the User as more fully described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, this governing body makes the findings and determinations set forth in the following Sections of this Resolution. SECTION 2: The Commercial Development Project proposed by the User consists of a six-story brick or masonry office building and related facilities and improvements, and the acquisition and installation of equipment in connection therewith located at 3015 11th Street, Huntsville, Walker County, Texas, as more fully described on Exhibit "A" attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in the EBA established by this governing body of the City of Huntsville, Texas. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act of 1979, as amended, and is a project that will contribute significantly to the alleviation of the blighted conditions found to exist in the EBA heretofore designated by the City. SECTION 5: The applicant for said Project, the User, has demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment of the EBA heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in Section 4 of the Resolution of this governing body designating the EBA; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the EBA; D. The Project conforms to the project approval standards of the Rules of the Commission and the Resolution of this governing body designating the EBA; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and F. The Project is in furtherance of the public purposes of the Act. SECTION 6: The Commercial Development Project proposed b the User should be and is approved by this governing body. y SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission. SECTION S: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and the Rules of the Commission, and for the benefit of the Corporation, the Unit, the City, the Commission, the User, the residents of the City, and all other interested persons. SECTION 9: The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted at the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the scheduled time of such meeting; such place of posting being readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which this Resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this 31St day of 1984. WILLIAM V. NASH, Mayor The City of Huntsville, exas ATTEST: City Secrtary City of H ntsville, Texas (CITY SEAL) Exhibit "A" The project consists of the construction of a six-story brick or masonry office building and the acquisition and installation of related facilities. One-third of the project will consist of space leased by the Sam Houston National Bank, and the remainder of the project will be leased to commercial tenants. Necessary parking facilities will be constructed. Equipment to be purchased and installed include a vault, motor bank transfer equipment, office furnishings and equipment, leasehold improvement fixtures, secretary systems, safety deposit boxes, and night deposit vault. In addition, specific tenant requirements for fixtures will be included. The project will be located at 3015 11th Street, Huntsville, Walker County, Texas. The project will consist of a total cost of approximately 3.5 million dollars with financing being sought in the amount of 2.6 million dollars. The project is expected to create from 20-30 jobs with an annual payroll of $250,000 to $500,000. I, the undersigned City Secretary of the City of Huntsville, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Governing Body") of the City convened in regular session at 7.00 p m., on January 31, 1984, (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body; to-wit: William V. Nash Mayor Larry Corley Councilmember at Large, Position #1 Bill Hodges Councilmember at Large, Position #2 Stephen E. Davis Councilmember at Large, Position #3 Murray A. Brown Councilmember at Large, Position #4 Jane Monday Councilmember, Ward #1 Jerry L. Dowling Councilmember, Ward #2 Percy Howard, Jr. Councilmember, Ward #3 Bob Tavenner Councilmember, Ward #4 All of such persons wggrepresent, except the following absentees: GC//��/�M �/ N/Sl� thus constituting a quorum. Whereupon a written: A RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith (the "Resolution") was duly introduced for the consideration of the Governing Body and read in full. Nau� �e J� moved and R�/�/� seconded that the Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: FOR: AGAINST: ABSTAINED: 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Articles 6252-17, Vernon's Texas Civil Statutes, as amended. �r SIGNED AND SEALED THIS 3/SF day of clan a/` , 1984. CITY SECRETARY (CITY SEAL) NOTICE OF PUBLIC HEARING TO DETERP1INE WHETHER THE CITY OF HUNTSVILLE, TEXAS, SHOULD APPROVE A COMMERCIAL PROJECT TO BE FUNDED WITH INDUSTRIAL DEVELOPMENT REVE14UE BONDS FOR SAM HOUSTON NATIONAL BANK TOWER, LTD. NOTICE is hereby given that the City Council of the City of Huntsville, Texas, will convene at the City Hall, 1212 Avenue M, Huntsville, Teras, at 7:00 o'clock p.m. on the 31st day of January, 1984, to determine whether a commercial project should be approved by the City and recommended for approval by the Teras Economic Development Commission under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission, and pursuant to Section 103 of the Internal Revenue Code of 1954, as amended. Sam Houston National Bank Tower, Ltd., a Teras general partnership, whose principle place of business is P.O. Box 1049, Huntsville, Texas, has requested the City Council to approve a proposed commercial project consisting of the acquisition and construction of a six-story brick building approximately 53,000 square feet to be used as a commercial banking facility and office lease space, and the acquisition and installation of related furniture, equipment, fixtures, and facilities to be located at 3015 11th Street, Huntsville, Walker County, Texas. Said project has been recommended for approval by the Walker County Industrial Development Corporation, and is within the boundaries of the County and City of Huntsville, Teras. Sam Houston National Bank Tower, Ltd. is requesting the issuance of Industrial Development Revenue Bonds in an amount not expected to exceed $3,500,000 to assist in funding said project. At the time and place herein established for the public hearing, all interested parties may present evidence and testimony on the question of whether the commercial project proposed by Sam Houston National Bank Tower, Ltd., should be approved by the governing body of the City of Huntsville, Texas under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission, and under Section 103 of the Internal Revenue Code of 1954, as amended. CITY OF HUNTSVILLE, TEXAS DEPUTY CITY'SECRETAhY POSTED: 1/27/84 �U �� DEVELOPMENT SOLUTIONS, INC. CORPORATE FINANCIAL ADVISORS January 24, 1984 Ms. Ruth DeShaw Huntsville City Secretary Huntsville City Hall P.O. Box 839 Huntsville, TX 77340 Dear Ruth: We are requesting that you consider placing the following items on the City Council agenda for the scheduled meeting January 31, 1984, at 7:00 p.m., subject to the City Attorney's approval: 1) A public hearing on whether the city should approve a commercial project within an eligible designated area. (Applicant: David L. Revelle) 2) A public hearing on whether the city should approve a commercial project within an eligible designated area. (Applicant: William H. Hodges) 3) A public hearing on whether the city should approve a commercial project within an eligible designated area. (Applicant: Sam Houston National Bank Tower, Ltd.) 4) Consider a resolution approving a commercial project within an eligible designated area. (Applicant: David L. Revelle) 5) Consider a resolution approving a commercial project within an eligible designated area. (Applicant: William H. Hodges) 6) Consider a resolution approving a commercial project within an eligible designated area. (Applicant: Sam Houston National Bank Tower, Ltd.) 305 W.Rusk •P.O.Box 1927 •Mawhall,Texas 75670 • 2141938-6021 We also need for you to post the enclosed Notices calling for a Public Hearing for each of the projects. We appreciate your consideration of these items. If you should have any questions, please don't hesitate to call. s ely, Y)John on Project Manager enclosure cc: Mr. David L. Revelle Mr. William H. Hodges Mr. Morris Waller Mr. Carroll Shaddock Mr. Dan Pleitz AFTER. CONSULTING THE AGENDA, SHOULD YOU FEEL YOU NEED TO FILE THIS AFFIDAVIT, PLEASE DO SO BEFORE THE MEETING. RUTH AFFIDAVIT THE STATE OF TEXAS C COUNTY OF VIALKER Q as a member of the n i make this affidavit and hereby on oath state \ \- —�a a c• \ the following:Oand/er—a—P+'rsan narcp c �e-sue, have a substantial interest in a business entity that would be peculiarly affected by a vote or <' JP U45 decision of the N'J' �` Y�NS2 N,4v�,Vv as those terms are defined in Article 988b, V.T.C.S. 1 The business entity is (name and address) Se'�rvv ��•YCt�� SS��.IA� �tilY� �. Cham/has) a substantial interest I or name of relative and relationship in this business entity for the following reasons: (check all which are applicable). Ownership of 10% or more of the voting or shares of the business entity. ✓Ownership of $2,500 or more of the fair market value of the business entity. Funds received from the business entity exceed 10% of income for the previous year. my, her, his Real property is involved and have an equitable or legal owner- I, he, she ship with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this 3 A_ day of �Cin 195 atuWe of official - Title BEFORE ME, the undersigned authority, this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this the day of _ 19_ (SEAL) NOTARY PUBLIC in and for the State of Texas My commission expires: AFTER CONSULTING OUR AGENDA, SHOULD YOU NEED TO FILE THIS AFFIDAVIT, PLEASE DO SO BEFORE THE MEETING. RUTH AFFIDAVIT THE STATE OF TEXAS ¢ COUNTY OF WALKER ¢/ I J f as a member of the s, make this affidavit and hereby on oath state the following: I and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of P L —cl S as those terms are defined in Article 988b, V.T.C.S. The business entity is�4 -jz-� Svc t.�e� (name and address) e< (have/has) a substantial interest TI—& name of relativea d relationship in this business entity for the following reasons: (check all which are applicable). 0 Ownership of 10% or more of the voting or shares of the business entity. Ownership of $2,500 or more of the fair market value of the business entity. Q Funds received from the business entity exceed 10% of income for the previous year. my, her, his eal property is involved and :r-- have an equitable or legal owner- I, he, she ship with a fair market value of at least $2,500. A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this -5/ day of J — 19 ✓^�/,�V/ Signature of ficial Titer -2- BEFORE ME, the undersigned authority, this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this the day of 19 (SEAL) NOTARY PUBLIC in and for the State of Texas My commission expires: AFTER CONSULTING OUR AGENDA, SHOULD YOU NEED TO FILE THIS AFFIDAVIT, PLEASE DO SO BEFORE THE MEETING. RUTH AFFIDAVIT THE STATE OF TEXAS ¢ COUNTY OF WALKER ¢ I, j �n1;Tc:z as a member of the make this affidavit and hereby on oath state the following: I and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the - .,-,j _i r.:.t,.. x rc�r (-� as those terms are defined in Article 988b, V.T C.S. I1 The business entity is r i (name and address) (have/has) a substantial interest I,or name of relativea d relationship) in this business entit for the following reasons: (check all which are applicable). E] Ownership of 10% or more of the voting or shares of the business entity. wnership of $2,500 or more of the fair market value of the business entity. Q Funds received from the business entity exceed 10% of income for the previous year. my, her, his [] Real property is involved and have an equitable or legal owner- I, he, she ship with a fair market value of at least $2,500. �]A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. t Signed this � day of 9 •I Signature of official Title -2- BEFORE ME, the undersigned authority, this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this the day of 19_ (SEAL) NOTARY PUBLIC in and for the State of Texas My commission expires: AFTER CONSULTING OUR AGENDA, SHOULD YOU NEED TO FILE THIS AFFIDAVIT, PLEASE TO SO BEFORE THE MEETING. RUTH. AFFIDAVIT THE STATE OF TEXAS COUNTY OF WALKER as a member of the - �`,�c,-, make this affidavit and hereby on oath state the following: I and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the those terms are defined in Article 988b, V.T.C.S. The business entity is f-1-c--> 1 1 , (name and address) --,� (4iaive has) a substantial interest I or name of relative and relationship in this business entity for the following reasons: (check all which are applicable). �] Ownership of 10% or more of the voting or shares of the business entity. [/ Ownership of $2,500 or more of the fair market value of the business entity. Q Funds received from the business entity exceed 10% of income for the previous year. my, her, his F-] Real property is involved and have an equitable or legal owner- I, he, she ship with a fair market value of at least $2,500. E]A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this�> ` day of. 19 Si9dat r`lof i�� Title -2- BEFORE ME, the undersigned authority, this day personally appeared and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. SWORN to and subscribed before me on this the day of 19 (SEAL) NOTARY PUBLIC in and for the State of Texas My commission expires: AFFIDAVIT THE STATE OF TEXAS COUNTY OF WALKER � as a member of the make this affidavit and hereby on oath state the following: I and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the f-� as those terms are defined in Article 988b, V.T.C.S/. The business entity is-_j Ff c L-- , ��" - (name and address) 2"7 / ,. r�has) a substantial interest I or name of relative and relationship in this business entity for the following reasons: (check all which are applicable). Q/Ownership of 10% or more of the voting or shares of the business entity. .Ownership of $2,500 or more of the fair market value of the business entity. �] Funds received from the business entity exceed 10% of income for the previous year. my, her, his Q�Real property is involved and have an equitable or legal owner- I, he, she ship with a fair market value of at least $2,500. [3,/A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this 3-L7''day of e�., 19� *gA-t e f SEiaq Title -2- BEFORE ME, the undersigned authority, this day personally appeared �LCn /// and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or elief. p�f SWORN to and subscribed before me on this the day of 1901 7. (SEAL) N PUBLIC in and for the State of Texas Pty commission expires: RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 84-7 Canvasses Returns of 04-07-84 Election 04-10-84 RESOLUTION NO. 84-7 WHEREAS For the past nine years (and many more before), Larry Corley has responded to calls for service from his beloved community, and; WHEREAS For four full terms and one extra year, he has faithfully and dutifully represented his fellow citizens as Councilmember at-large on the Huntsville City Council; and WHEREAS For the past two years, he has served in the role of Mayor :^.a of the Council, in which capacity he has proclaimed, presided and personii;,c he position in a manner that is distinctively Mayor Corley; and WHEREAS His energies, empathies and enthusiasm have always been derived from and returned to his family, friends and fellow citizens, it is fitting and proper that his peers now pause to recognize his distinguished service and personality traits which have endeared him to each of us. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Huntsville, Texas, that the Honorable Mayor Protem and Councilmember at-large LARRY CORLEY be duly recognized for his outstanding service and dedication to his community and that the titles he has garnered through conduct of his high office be duly recorded as hallmarks for his successors. Properly enumerated but not inclusive, they are as follows: 1. King of C18ture--Chief advocate of finite filibuster; "One time through the salient points on any topic is enough"! "Move the question"! 2. Exchequer of the Cash--Leading exponent of "cost effective." Member of the audit, budget, insurance and personnel committees during his tenure. 3. Keeper of the Curfe�i--"Three hour meetings are long enough to discuss anything": "Thou shalt not violate the ten o'clock news nor the eight o'clock baseball games." 4. Colloquial Quote Champion--with such memorables as: --"This proclamation is for the birds"'. (bird sanctuary) --"That dog won't hunt"! (humane society request) --"The Mayor always hooks'em when the proclamations stack up." --"We would like to give you what you want most; but knowing what that is, we can't"! (to the inmates assembled at the landfill after Hurricane Alicia Clean-up). AND, BE IT FURTHER RESOLVED, with all due and sincere respect, that Mayor Corley be herewith granted our expression of friendship and appreciation from his colleagues on the City Council, the City staff, and the citizens of Huntsville, for a job well done: UNANIMOUSLY PASSED AND APPROVED on this the 3rd day of April, A. D., 1984 by the Huntsville City Council, and certified to which is offered the bond and seal of the City. THE CITY OF HUNTSVILLE, TEXAS William V. Nash, Mayor n. Murray A. Brown Bill Hodges $ Stephen E. Davis Percy Howard, Jr. Jerry L. Dowling Jane Monday Bob Tavenner RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS Or PILE: RESOLUTION NO. 84- A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 7TH DAY OF APRIL, 1984, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS FROM THE RESPECTIVE AT- LARGE POSITIONS ONE, TWO, THREE, AND FOUR; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS, pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 10th day of April, 1984, proceeded to canvass the returns of the Regular Municipal Election held in the City on the 7th day of April, 1984, for the purpose of electing four Councilmembers At- Large; and WHEREAS said Election was held under and pursuant to the provisions of Ordinance No. 84-2-7.2 calling said Election; and WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at the Election were as follows: FOR COUNCILMEMBER, AT-LARGE POSITION ONE 0. EUGENE BARRETT................... 488 JIM CARTER......................... PAUL W. KNOX........................ 342 ROBERT LEE RODRIQUEZ................ 119 FOR COUNCILMEMBER, AT-LARGE POSITION TWO BILL HODGES......................... 1,235 FOR COUNCILMEMBER, AT-LARGE POSITION THREE STEPHEN E. DAVIS.................... 1,234 FOR COUNCILMEMBER, AT-LARGE POSITION FOUR MURRAY A. BROWN...................... 1,247 1 AND WHEREAS the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest has been filed with said Council or instituted in connection with said Election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. No candidate for the office of Councilmember At-Large Position One received a majority of the votes cast for said Position; therefore, the necessity of a run-off election between 0. Eugene Barrett and Jim Carter, the two candidates who recieved the most votes in said election for the position, exists. Section 2. Bill Hodges received a majority of the votes cast at said Election for the office of Councilmember At-Large Position Two, and accordingly, Bill Hodges is hereby declared elected to the office of Councilmember At-Large Position Two, subject to the taki'ng of his oath and filing bond as provided by the laws of the State of Texas. Section 3. Stephen E. Davis received a majority of the votes cast at said Election for the office of Councilmember At-Large Position Three, and accordingly, Stephen E. Davis is hereby declared elected to the office of Councilmember At-Large Position Three, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4. Murray Brown received a majority of the votes cast at said Election for the office of Councilmember At-Large Position Four, and accordingly, Murray Brown is hereby declared elected to the office of Councilmember At-Large Position Four, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 5. City Council finds that the notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling the Election, and that said Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the Election, and in all things according to the law. Section 6. This resolution shall tlake effect immediately from and after its passage. 2 APPROVED THIS 10TH DAY OF APRIL, 1984. The City of Huntsville by William V. Nash, Its Mayor Attest: C h DeShaw, City Secretary Approved as to form:/ Scott Bounds,- City Attorney 3 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 84-9 Canvasses Returns of Runoff of 04-28-84 05-04-84 RESOLUTION NO. 84-9 A RESOLUTION CANVASSING THE RETURNS OF THE SPECIAL RUNOFF MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 28TH DAY OF APRIL, 1984, FOR THE PURPOSE OF ELECTING ONE COUNCILMEMBER FROM THE AT-LARGE POSITION ONE; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS, pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a special meeting held on the 4th day of May, 1984, proceeded to canvass the returns of the Special Runoff Municipal Election held in the City on the 28th day of May, 1984, for the purpose of electing one Councilmember At-Large; and WHEREAS said Election was held under and pursuant to the provisions of Ordinance No. 84-11 calling said Election; and WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at the Election were as follows: FOR COUNCILMEMBER, AT-LARGE POSITION ONE 0. EUGENE BARRETT................... 446 JIM CARTER.......................... 444 AND WHEREAS the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest has been filed with said Council or instituted in connection with said Election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. 0. Eugene Barrett received a majority of the votes cast at said Election for the office of Councilmember At-Large Position One, and accordingly, 0. Eugene Barrett is hereby declared elected to the office of Councilmember At-Large Position One, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 2. City Council finds that the notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling the Election, and that said Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the Election, and in all things according to the law. Section 3. This resolution shall take effect immediately from and after its passage. APPROVED THIS 4TH DAY OF MAY, 1984. THE CITY OF HHUNTSVILLE, TEXAS BY: William V. Nash, Mayor ATTEST: l �uth/DeShaw, City Secretary APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 84-10 IDB Molar, Inc. RESOLUTION NO. 84-1U A RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of Walker County, Texas, (the "Unit") has heretofore approved the creation of a public non-profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of Walker County Industrial Development Corporation, (the "Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of. Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities, and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, all as defined in the rules of the Texas Economic Development Commission (the "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter; if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of the Commission set forth special. rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, this governing body, acting for and on behalf of the City of Huntsville, Texas, (the "City") desiring to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas, did adopt Resolution No. 83-10 designating Eligible Blighted Areas under the Development Corporation Act of 1979, as amended, and the rules and regulations adopted by the Texas Economic Development Commission, making findings in connection therewith, and providing an effective date, on August 2, 1983 (the "Resolution"); and WHEREAS, the Corporation has advised the City that Molar, Inc., a corporation organized and existing under the laws of the State of Texas with its principal place of business at 2503 Lake Road, Suite 6, Huntsville, Texas, is considering proceeding with the acquisition and construction of a 140' x 40', 5,600 square feet office building and the acquisition and installation of related furniture, equipment, fixtures and facilities (the "Project") in that portion of the City of Huntsville designated by said Resolution as an Eligible Blighted Area; and WHEREAS, the Corporation adopted a Resolution on May 17, 1984, concerning the issuance of bonds to finance the Project proposed by Molar, Inc., on land described in Exhibit "A" attached to and incorporated in this Resolution; and WHEREAS, this governing body has been requested to review and approve the Project and the rules and regulations of the Commission permit the City to approve the Project after publishing and posting notice prior to the date set for public hearing and holding a public hearing; and WHEREAS, notice of public hearing of the consideration of approval of the Project was posted at the City Hall in the City of Huntsville, Texas pursuant to Article 6252-17, V.A.T.S.; and WHEREAS, the notice of public hearing included a description of the Project and the date, time and location of the public hearing concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and location specified in such notice, pursuant to the Rules and Regulations of the Commission, for the purpose of determining whether this governing body should approve the Project; and WHEREAS, this governing body has reviewed the Project proposed by Molar, Inc. and considered the same to determine whether said Project: A. Is consistent with the City's objectives for redevelopment of the Eligible Blighted Areas set out in said Resolution; B. Conforms with the limitations, if any, provided in said Resolution; C. Will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. Conforms to the Project Approval Standards specified in the Rules and Regulations adopted by the Texas Economic Development Commission and the Resolution of this governing body designating Eligible Blighted Areas; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to request the Commission to approve the Project proposed by Molar, Inc., and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and rules and regulations of the Commission; as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the Project proposed by Molar, Inc., to be constructed on the land described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, this governing body makes the findings and determinations set forth in the following Sections of this Resolution. SECTION 2: The Commercial Development Project proposed by Molar, Inc., consists of the acquisition and construction of a 140' x 40', 5,600 square feet office building and the acquisition and installation of related furniture, equipment, fixtures and facilities in Huntsville, Texas, on land being fully described on Exhibit "A" attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in an Eligible Blighted Area established by this governing body of the City of Huntsville. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act, as amended, and is a project that wi7.1 contribute significantly to the alleviation of the blighted conditions found to exist in the Eligible Blighted Area heretofore designated by the City. SECTION 5: The Applicant for said Project, Molar, Inc., has demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment of the Eligible Blighted Area heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in the Resolution of this governing body designating the Eligible Blighted Area; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. The Project conforms to the Project Approval Standards of the Rules and Regulations of the Texas Economic Development Commission and the Resolution of this governing body designating the Eligible Blighted Area; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and the Act. F. The Project is in furtherance of the public purposes of SECTION 6: The Commercial Development Project proposed by Molar, Inc. should be and is approved by this governing body. SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission. SECTION 8: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and the Rules and Regulations of the Commission, and for the benefit of the corporation, the Unit, the City, the Commission, Molar, Inc., the residents of the City, and all other interested persons. SECTION 9: The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, _ recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted at the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the scheduled time of such meeting; such place of posting being readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this 5th day of June, 1984. MAYOR VKU I L19 CITY OF HUNTSVILLE, TEXAS 7�EARY� CITY OF ET CITY TEXAS (CITY SEAL) CERTIFICATE FOR RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. I, the undersigned City Secretary of the City of Huntsville, Texas (the "Unit"), hereby certify as follows: 1. The City Council (the "Governing Body") of the Unit convened in regular session at 7:00 p.m., central standard time, on June 5, 1984, (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body: to-wit: William V. Nash Mayor Gene Barrett Councilman Bill Hodges Councilman Stephen E. Davis Councilman Murray A. Brown Councilman Jerry L. Dowling Councilman Percy Howard, Jr. Councilman Bob Tavenner Councilman Jane Monday Councilwoman All of such persons were present, except the following absentees: MAYOR 14111AI.V I v ,VA -11 thus constituting a quorum. Whereupon a written: RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development_ Corporation Act of 1979, as amended, and the rules- or regulations adopted by the Texas Economic_ Development Commission; and making findings in connection therewith (the "Resolution") was duly introduced for the consideration of the City Council and read in full. o moved and T VL�VI✓E/2 seconded that the Resolution be dopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: .1 For: & Against: 2 Abstained: l (,98SENCE) 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Articles 6252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED this 5th day of June, 1984. ity Secretary (Seal) WARRA14TY DEED THE STATE OF TEXAS I I KNOW ALL NEN BY THESE PRESENTS:- COUNTY OF WALKER I That HIGHLAND PROPERTIES, INC:, a corporation organized • and existing under and by virtue of the laws of the State of Texas, with its office and principal place of business at Huntsville, Texas, acting herein by its duly authorized officers, for and in consideration of.TEN (510.00) DOLLARS and other cash to it in hand paid by CHARLES W. SMITHER, JR., the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto the said Charles W. Smithey, Jr., of Walker County, Texas the following described tract or parcel of land located in Subdivision No. 3 of the Highland Addition in the City of HunLs- Ville, and in the P. GRAY LEAGUE, Abst. No. 24, Walker County, I Texas, to-wit: BEING 0.41 of a of land, (17,850 square feet] no rc or less, out of and anparteof the Southeast part of a called 384.74 acre tract described in a deed from Mazy M. Pritchett et al, to John'T. Smither, It al, dated April 18, 1945, and recorded n Vol. 109, page 97, Decd Records of Walker County, Texas, and being also out of and a part of Black No. 29 of highland Addition No. 3 to the City of Huntsville, said 0.41 of an ac of land being more definitely described by metes and a, sras follows: BEGINNING at an iron rod in the East of Northeast right-of- way line of Interstate Highway No. 45 for the most Western or Nor tl West corner of said 0.41 of an acre tract herein described, said beginning corner being also the most Southern or Southwest cornu_ of a 0.606 a e tract described i a deed from Highland Propu_cies Inc. to H-•JCrAtkins, H. D., P.A.nPension Tzust dated May 15,1575, and i ozded in Vol- 338, page 693, Deed Records of Walker County. Texasec THENCE N 52.27' E 113.89 feet with the South line of said 0.606 a e tract to a rod for its most Eastern of Southest e being the most Norther or Northeast corner of said 0.41 o e tract herein described and in the West line of a tract orapazcel of land described in a deed-to Richard David Y.addu recorded rn V.I. 263, page 177, Deed Records: THENCE S 35.14' E 160.93 feet With the West ofSouthwest line of said Madden tract to an iron rod for its ost Southern i Southeast c e being the most Eastern or Southeast _ of said o.41 of a e tract herein described and the most Northern or Northeast eorneryof a 0.29 of an acre tract described a deed to Dwight D. Brown, recorded in Vol.c295, page 711, Deed Records: j t e THENCE 5 51.50' H 107.40 feet with the North or Northwest lin If Ili Brown 0.29 of a tract r e s roddfar a ost Western or Northwest c rn the Eastortheast right- of-way line of said In Ce rstate Highway No. 1.1;45; THENCE N 37.33' W 162.00 feet with the East of Northeast right-of-way line of said Interstate Highway No. 45 to the P"CE OF BEGINNING. -- - This conveyance i subject to the restrictive 1950,ants applicable to said land per instrument dated January 1, and recorded i Vol.'.128, page 166, Walker County Deed Records, and to the following: (1) said lot shall constitute a beiimp ovement site of structuresnot—re than two stories i 9 isting of three-fourth outside wall of brick v and subj eat to a inimum 10 foot set-back from the front loteline; i (2) Upon in mprovement being placed o said lot, builder shall i'- stall a fence of at least 6 feet in height across the rear of n the property being developed; (3) A five foot a ent across the rear s of said lot i ved for utility installation; (4) G—ntor reserve, the rightto approve plans and specifications f 1 e im- pro ants to be placed o m said pre (5) No animals other thandomes tic household pets may be onsaid premises o - a11 . ed to r at large; (6) These restrictionseof said recorded subject to the s l enforcement provisions set forth in Para. IIl Restrictive Covenants. Thisc n veyance i also subject to the r vation of a 011-Ii. teen th (l/16th) p n n- articipating royalty o rals s Produced, saved and marketed from said land, a cep ted in the deed to Grantor of the land of which the above described premises is a part. TO HAVE AND TO HOLD the above described premises, together' with all and singular, the rights and appurtenances thereto in anywise belonging, unto the said Charles W. Slither, Jr., his heirs and assigns,-forever;and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND, all-and singular the said premises-unto the said Charles W..Slither, Jr., his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject only to the reservations and res tricti—hereinabove contained. IN TESTIMONY WHEREOF these presents have been caused to be executed this 26th day of February, 1980. HIGHLAND.-PROPERTIES,.INC. By Robert B. S—ther-PreSi ens ATTEST: Secretary WARRANTY DEED THE STATE OF TEXAS X X KNOW ALL MEN BY THESE PRESENTS:- COUNTY OF WALKER X That HIGHLAND PROPERTIES, INC:, a corporation organized and existing under and by virtue of the laws of the State of Texas, with its office and principal place of business at Huntsville, Texas, acting herein by its duly authorized officers, for and in consideration of TEN ($10.00) DOLLARS and other cash to it in hand paid by CHARLES W. SMITHER, JR., the receipt of which is hereby acknowledged and confessed, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto the said Charles W. Smither, Jr., of Walker County, Texas the following described tract or parcel of land located in Subdivision No. 3 of the Highland Addition in the City of Hunts- ville, and in the P. GRAY LEAGUE, Abst. No. 24, Walker County, I Texas, to-wit: BEING 0.41 of an acre of land, (17,850 square feet) , more or less, out of 'and a part of the Southeast part of a called 384.79 acre tract described in a deed from Mary M. Pritchett et al, to John* T. Smither, et al, dated April 18, 1995, and recorded in Vol. 109, page 47, Deed Records of Walker County, Texas, and being also out of and a part of Block No. 29 of Highland Addition No. 3 to the City of Huntsville, said 0.41 of an acre of land being more definitely described by metes and bounds as follows: BEGINNING at an iron rod in the East of Northeast right-of- way line of Interstate Highway No. 45 for the most Western or Nortl west corner of said 0.41 of an acre tract herein described, said beginning corner being also the most Southern or Southwest corner of a 0.606 acre tract described in a deed from Highland Properties, Inc. to B.4 J. Atkins, M. D., p.A. Pension Trust dated May 15,1975, and recorded in Vol. 338, page 693, Deed Records of Walker County, Texas; THENCE N 52127' E 113.89 feet with the South line of said 0.606 acre tract to an iron rod for its most Eastern of Southest corner, same being the most Norther or Northeast corner in a said line 0.41 or an acre tract herein described and in the West of tract or parcel of land described in a deed to Richard David Madde recorded in Vol. 263, page 177, Deed Records; THENCE S 35114' E 160.93 feet with the West of Southwest line of said Madden tract to an iron rod for its most Southern or Southeast corner, same being the most Eastern or Southeast corner of said o.41 of an acre tract herein described and the most Northern or Northeast corner of a 0.29 of an acre tract described in a deed to Dwight D. Brown, recorded in Vol. 295, page 713, Deed Records; I 7' 'Y!S - nh; ` THENCE S 51050' W 107.40 feet with the North or Northwest line of said Brown 0.29 of an acre tract to an iron rod for its most Western or Northwest corner in the East of Northeast right- of-way line of said Interstate Highway No. 45; THENCE N 37"33' W 162.00 feet with the East of Northeast right-of-way line of said Interstate Highway No. 45 to the PLACE OF BEGINNING_ This conveyance is subject to the restrictive covenants applicable to said land per instrument dated January 1, 1950, and recorded in Vol. -128, page 166, Walker County Deed Records, and to the following: (1) Said lot shall constitute a two improvement site of --.. structuresnot more than two stories in height consisting of three-fourth outside wall of brick veneer, and subject to a minimum 10 foot set-back from the front lot line; (2) Upon improvement being placed on said lot, builder shall in- stall a fence of at least 6 feet in height across the rear of the property being developed; (3) A five foot easement across the rear of said lot is reserved for utility installation; (4) Grantor reserves the right to approve plans and specifications for im- provements to be placed on said premises; (5) No animals other than domestic household pets may be kept on said premises or allow- ed to run at large; (6) These restrictions are subject to the same enforcement provisions set forth in Para. III of said recorded Restrictive Covenents. This conveyance is also subject to the reservation of a one-sixteenth (1/16th) non-participating royalty on minerals Produced, saved and marketed from said land, as excepted in the deed to Grantor of the land of which the above described premises is a part. TO HAVE AND TO HOLD the above described premises, together- with all and singular, the rights and appurtenances thereto in anywise belonging, unto the said Charles W. Smither, Jr., his heirs and assigns,- forever; and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND, all-and singular the said premises unto the said Charles W.. Smither, Jr., his heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, subject only to the reservations and restrictiorshereinabove contained. IN TESTIMONY WHEREOF these presents have been caused to be executed this 26th day of February, 1980. HIGHLAND'-PROPERTIES,�INC. By; BGG/illy Robert B. Smither - President ATTEST: Secretary NOTICE OF PUBLIC HEARING 10 DETERMINE WHETHEF. '!HE CITY OF HUNTSVILLE, TEXAS, SHOULD APPROVE A COMMERCIAL PROJECT TO BE FUNDED WITH INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR MOLAR, INC. NOTICE is hereby given that the City Council of the City of Huntsville, Texas, will convene at the City Hall, 1212 Avenue M, Huntsville, Texas, at 7:00 o'clock p.m. on the 5th day of June, 1984, to determine whether a commercial project should be approved by the City and recommended for approval by the Texas Economic Development Commission under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission, and pursuant to Section 103 of the Internal Revenue Code of 1954, as amended. Molar, Inc., a corporation organized and existing under the laws of the State of Texas with its principal place of business at 2503 Lake Road, Suite 6, Huntsville, Texas, has requested the City Council to approve a proposed commercial project consisting of the acquisition and construction of a 140' x 40', 5,600 square feet office building and the acquisition and installation of related furniture, equipment, fixtures, and facilities to be located at Interstate 45 Feeder Road near the intersection of 22nd Street and Avenue S, Huntsville, Walker County , Texas. Said Project has been recommended for approval by the Walker County Industrial Development Corporation, and is within the boundaries of the County and City of Huntsville, Texas. Molar, Inc. is requesting the issuance of Industrial Development Revenue Bonds in an amount not expected to exceed $520,000 to assist in funding said project. At the time and plate herein established for the public hearing, all interested parties may present evidence and testimony on the question of whether the commercial project proposed by Molar, Inc. should be approved by.the governing body of the City of Huntsville, Texas under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission,,and under Section 103 of the Internal Revenue Code of 1954, as amended. CITY OF HUNTSVILLE, TEXAS SECRETARY POSTED: 6-/�� DEVELOPMENT SOLUTIONS, INC. CORPORATE FINANCIAL ADVISORS May 25, 1984 Ms. Ruth DeShaw, Huntsville City Secretary Huntsville City Hall P.O. Box 839 Huntsville, TX 77340 Dear Ruth: We are requesting that you consider placing the following items on the City Council agenda for the scheduled meeting June 5, 1984, at 7:00 p.m., subject to the City Attorney's approval: 1) A public hearing to determine whether the City of Huntsville, Texas, should approve a commercial project to be funded with industrial development revenue bonds. (Applicant: Molar, Inc.) 2) A public hearing to determine whether the City of Huntsville, Texas, should approve a commercial project to be funded with industrial development revenue bonds. (Applicant: West Hill Mall I, Ltd.) 3) A public hearing to determine whether the City of Huntsville, Texas, should approve a commercial project to be funded with industrial development revenue bonds. (Applicant: West Hill Mall II, Ltd.) 4) A public hearing to determine whether the City of Huntsville, Texas, should approve a commercial project to be funded with industrial development revenue bonds. (Applicant: Gerald L. Simpson and N. Thomas Rushing) 5) A public hearing to determine whether the City of Huntsville, Texas, should approve a commercial project to be funded with industrial development revenue bonds. (Applicant: One Lake Place, Inc.) 305 W.Rusk • P.O.Box 1927 • Marshall,Texas 75670 • 214/938.6021 6) Consider a resolution of the governing body of the City of Huntsville, Texas, approving a commercial project in an eligible bilghted area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. (Applicant: Molar, Inc.) 7) Consider a resolution of the governing body of the City of Huntsville, Texas, approving a commercial project in an eligible blighted area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. (Applicant: West Hill Mall I, Ltd.) 8) Consider a resolution of the governing body of the City of Huntsville, Texas, approving a commercial project in an eligible blighted area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. (Applicant: West Hill Mall II, Ltd.) 9) Consider a resolution of the governing body of the City of Huntsville, Texas, approving a commercial project in an eligible blighted area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. (Applicant: Gerald L. Simpson and N. Thomas Rushing) 10) Consider a resolution of the governing body of the City of Huntsville, Texas, approving a commercial project in an eligible blighted area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. (Applicant: One Lake Place, Inc.) Also, please find enclosed Notices of Public Hearing for each of these items. If you would, please post one copy of each and return the others, with your signature, in the enclosed stamped self-addressed envelope. We appreciate your consideration of these items. If you should have any questions, please don't hesitate to call. Sincerely, Margaret Johnson l Project Manager enclosures cc: Mr. Gene Pipes Mr. Scott Bounds Dr. Marsh Miller Mr. G.W. Kesler Mr. Gerald Simpson Mr. Steve Dawson Mr. Jason Searcy Mr. Dan Pleitz Mr. Paul Martin RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 84-11 IDB West Hill Mall I LTD RESOLUTION NO. 84-11 A RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of Walker County, Texas, (the "Unit") has heretofore approved the creation of a public non-profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of Walker County Industria]. Development Corporation, (the "Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities, and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, all as defined in the rules of the Texas Economic Development Commission (the "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter; if such project is- located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of the Commission set forth special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, this governing body, acting for and on behalf of the City of Huntsville, Texas, (the "City") desiring to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas, did adopt Resolution No. 83-10 designating Eligible Blighted Areas under the Development Corporation Act of 1979, as amended, and the rules and regulations adopted by the Texas Economic Development Commission, making findings in connection therewith, and providing an effective date, on August 2, 1983 (the "Resolution"); and WHEREAS, the Corporation has advised the City that West Hill Mall I, Ltd., a partnership organized and existing under the laws of the State of Teras with its principal place of business at 11211 Katy Freeway, Houston, Texas, is considering proceeding with the acquisition and construction of a Retail Shopping Mall which will contain 182,599 square feet of gross area, in a single-story masonary and glass building having a steel structure on a concrete slab foundation and the acquisition and installation of related furniture, equipment, fixtures and facilities (the "Project") in that portion of the City of Huntsville designated by said Resolution as an Eligible Blighted Area; and WHEREAS, the Corporation adopted a Resolution on March 29, 1984, concerning the issuance of bonds to finance the Project proposed by (Jest Hill Mall I, Ltd., on land described in Exhibit "A" attached to and incorporated in this Resolution; and WHEREAS, this governing body has been requested to review and approve the Project and the rules and regulations of the Commission permit the City to approve the Project after publishing and posting notice prior to the date set for public hearing and holding a public hearing; and WHEREAS, notice of public hearing of the consideration of approval of the Project was posted at the City Hall in the City of Huntsville, Texas pursuant to Article 6252-17, V.A.T.S.; and WHEREAS, the notice of public hearing included a description of the Project and the date, time and location of the public hearing concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and location specified in such notice, pursuant to the Rules and Regulations of the Commission, for the purpose of determining whether this governing body should approve the Project; and WHEREAS, this governing body has reviewed the Project proposed by West Hill Mall I, Ltd. and considered the same to determine whether said Project: A. Is consistent with the City's objectives for redevelopment of the Eligible Blighted Areas set out in said Resolution; B. Conforms with the limitations, if any, provided in said Resolution; C. Will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. Conforms to the Project Approval Standards specified in the Rules and Regulations adopted by the Texas Economic Development Commission and the Resolution of this governing body designating Eligible Blighted Areas; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to reauest the Commission to approve the Project proposed by West Hill Mall I, Ltd., and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and rules and regulations of the Commission; as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the Project proposed by West Hill Mall I, Ltd., to be constructed on the land described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, this governing body makes the findings and determinations set forth in the following Sections of this Resolution. SECTION 2: The Commercial Development Project proposed by West Hill Mall I, Ltd., consists of the acquisition and construction of a Retail Shopping Mall which will contain 182,599 square feet of gross area, in a single—story masonary and glass building having a steel structure on a concrete slab foundation and the acquisition and installation of related furniture, equipment, fixtures and facilities in Huntsville, Texas, on land being fully described on Exhibit "A" attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in an Eligible Blighted Area established by this governing body of the City of Huntsville. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act, as amended, and is a project that will contribute significantly to the alleviation of the blighted conditions found to exist in the Eligible Blighted Area heretofore designated by the City. SECTION 5: The Applicant for said Project, West Hill Mall I, Ltd., has demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment of the Eligible Blighted Area heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in the Resolution of this governing body designating the Eligible Blighted Area; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. The Project conforms to the Project Approval Standards of the Rules and Regulations of the Texas Economic Development Commission and the Resolution of this governing body designating the Eligible Blighted Area; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and F. The Project is in furtherance of the public purposes of the Act. SECTION 6: The Commercial Project proposed by West Hill Mall I, Ltd. should be and is approved by this governing body. SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission. SECTION 8: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and the Rules and Regulations of the Commission, and for the benefit of the corporation, the Unit, the City, the Commission, West Hill Mall I, Ltd., the residents of the City, and all other interested persons. SECTION 9: The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted at the bulletin board at a place convenient to the public in the City Hall of the City of West Hill Mall I, Ltd. for at least 72 hours preceding the scheduled time of such meeting; such place of posting being readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this 5th day of June, 1984. r` MAYOR PRO'TEM CITY OF HUNTSVILLE, TEXAS T: ECRETARY, CITY OF HUNTSVILLE, TEXAS (CITY SEAL) Description of Property North Section 12.7450 acres of land, situated in the P. GRAY LEAGUE, abstract Number 24 and the LEWIS COX LEAGUE, abstract Number 13, Walker County, Texas, and being more particularly described as follows, to wit: The intersection of the BEGINNING at south right of way line of Texas State Highway Number 30, and the west right of way line o,f Financial Plaza, said point being the northeast corner of this tract; THENCE N 840 31' 46" 11 415.58 feet along and with the snuLh right of way line of said Texas State Highway Number 30 to a concrete right of way monument; THENCE S 860 44' 46' ' W 216.36 feet along and with the sn.ith right. of way line of said Texas Stnte Highway Number 30 to a one-half inch iron rod found in the east line. of West Hills Drive (80 feet in width), said point being the northwest corner of this tract; THENCE S 20 36' 55" Y1 along and with the east line of said West Hills Drive (PD feel in width), a distance of 850.00 feet to a point for corner: THENCE S 870 23' 5" E 115.00 feet to a point for corner: THENCE 5 420 23' 5" E 21'.28 feet to a point for corner: 111CNCE S 87 023' 5" E 501.38 feet 10 a point in the west right. of way line of Financial Plaza, said point being a radius of curvature whose radius is 590.00 feet: THENCE in a northerly direction of said curve to the right 40.71 feet to a point of tangency; THENCE N 20 1P' 23" E 630.76 feet to PLACE OF BEGINNING being 12.7450 acres of Innd. CERTIFICATE FOR RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. I, the undersigned City Secretary of the City of Huntsville, Texas (the "Unit"), hereby certify as follows: 1. The City Council (the "Governing Body") of the Unit convened in regular session at :00 p.m., central standard time, on June 5, 1984, (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body: to-wit: William V. Nash Mayor Gene Barrett Councilman Bill Hodges Councilman Stephen E. Davis Councilman Murray A. Brown Councilman Jerry L. Dowling Councilman Percy Howard, Jr. Councilman Bob Tavenner Councilman Jane Monday Councilwoman All of such persons were present, except the following absentees: MaXgr U1" am V Plash thus constituting a quorum. Whereupon a written. RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith (the "Resolution") was duly introduced for the consideration of the City Council and read in full. Taven»e.r"' moved and laoujard seconded that the Resolution be. adopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: For: 6_ Against: Z _ Abstained: __66senc e) 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Articles 6252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED this 5th day of June, 1984. �ityecretary (Seal) NOTICE OF PUBLIC HEARING TO DETERMINE WHETHER THE G,7,( O flunrsw«E _ TEXAS, SHOULD APPROVE A PROJECT TO BE FUNDED* WITH INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR WEST HILL MALL I, LTD. NOTICE is hereby given that the Eenaty, Texas, will convene at the Huntsville, Texas, at 7.00 o'clock 4y.m. on theSh day of June, 1984, to determine whether a project should be approved by the County and recommended for. approval by the Texas Economic Development Commission under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission, and pursuant to Section 103 of the Internal Revenue Code of 1954, as amended. West ill Mall I, Ltd., a partnership organized H and existing under the laws of the State of Texas with its principal place of business at 11211 Katy Freeway, Suite 530, Houston, Texas, has requested the County to approve a proposed project consisting of the acquisition and construction of a Retail Shopping Mall which will contain 182,599 square feet of gross area, in a single-story masonry and glass building having a steel structure on a concrete slab foundation and the acquisition and installation of related furniture, equipment, fixtures, and facilities to be located on the South side of Texas State Highway 30 near Interstate Highway 45, Huntsville, Walker County, Walker County, Texas. Said Project has been recommended for approval by the Walker County Industrial Development Corporation, and is within the boundaries of the County and City of Huntsville, Texas. West Hill Mall I, Ltd. is requesting the issuance of Industrial Development Revenue Bonds in an amount not expected to exceed $7,920,000 to assist in funding said project. At the time and place herein established for the public hearing, ' all interested parties may present evidence and testimony on the question of whether the project proposed by West Hill Mall I, Ltd. should be approved by the governing body as amended,County, Texas under *the Development Corporation Act of 1979, s and regulations promulgated by the Texas Economic Development Commission, and under Section 103 of the Internal Revenue Code of 1954, as amended. N UMS V�Ll.t• TEXAS 69 C17Y c�EkK POSTED: RL-CORDS SERIES TITLE: Ordinances,Orders,Resolutions SCI-IEDULE NO.: 1000-05 CONTENTS OF FILE: 5(�lU UY� �q-I Z RESOLUTION NO. R4_17 A RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of Walker County, Texas, (the "Unit") has heretofore approved the creation of a public non-profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of Walker County Industrial Development Corporation, (the "Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities, and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, all as defined in the rules of the Texas Economic Development Commission (the "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter; if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of the Commission set forth special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, this governing body, acting for and on behalf of the City of Huntsville, Texas, (the "City") desiring to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas, did adopt Resolution no. 83-10 designating Eligible Blighted Areas under the Development Corporation Act of 1979, as amended, and the rules and regulations adopted by the Texas Economic Development Commission, making findings in connection therewith, and providing an effective date, on August 2, 1983 (the "Resolution"); and WHEREAS, the Corporation has advised the City that West Hill Mall II, Ltd., a partnership organized and existing under the laws of the State of Texas with its principal place of business at 11211 Katy Freeway, Houston, Texas, is considering proceeding with the acquisition and construction of a Retail Shopping Mall which will contain 70,401 square feet of gross area, in a single-story masonary and glass building having a steel structure on a concrete slab foundation and the acquisition and installation of related furniture, equipment, fixtures and facilities (the "Project") in that portion of the City of Huntsville designated by said Resolution as an Eligible Blighted Area; and WHEREAS, the Corporation adopted a Resolution on March 29, 1984, concerning the issuance of bonds to finance the Project proposed by West Hill Mall II, Ltd., on land described in Exhibit "A" attached to and incorporated in this Resolution; and WHEREAS, this governing body has been requested to review and approve the Project and the rules and regulations of the Commission permit the City to approve the Project after publishing and posting notice prior to the date set for public hearing and holding a public hearing; and WHEREAS, notice of public hearing of the consideration of approval of the Project was posted at the City Hall in the City of Huntsville, Texas pursuant to Article 6252-17, V.A.T.S.; and WHEREAS, the notice of public hearing included a description of the Project and the date, time and location of the public hearing concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and location specified in such notice, pursuant to the Rules and Regulations of the Commission, for the purpose of determining whether this governing body should approve the Project; and WHEREAS, this governing body has reviewed the Project proposed by West Hill Mall II, Ltd. and considered the same to determine whether said Project: A. Is consistent with the City's objectives for redevelopment of the Eligible Blighted Areas set out in said Resolution; B. Conforms with the limitations, if any, provided in said Resolution; C. Will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. Conforms to the Project Approval Standards specified in the Rules and Regulations adopted by the Texas Economic Development Commission and the Resolution of this governing body designating Eligible Blighted Areas; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to request the Commission to approve the Project proposed by West Hill Mall II, Ltd., and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and rules and regulations of the Commission; as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the Project proposed by West Hill Mall II, Ltd., to be constructed on the land described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, this governing body makes the findings and determinations set forth in the following Sections of this Resolution. SECTION 2: The Commercial Development Project proposed by West Hill Mall II, Ltd., consists of the acquisition and construction of a Retail Shopping Mall which will contain 70,401 square feet of gross area, in a single—story masonary and glass building having a steel structure on a concrete slab foundation and the acquisition and installation of related furniture, equipment, fixtures and facilities in Huntsville, Texas, on land being fully described on Exhibit "A" attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in an Eligible Blighted Area established by this governing body of the City of Huntsville. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act, as amended, and is a project that will contribute significantly to the alleviation of the blighted conditions found to exist in the Eligible Blighted Area heretofore designated by the City. SECTION 5: The Applicant for said Project, West Hill Nall Il, Ltd., has demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment of the Eligible Blighted Area heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in the Resolution of this governing body designating the Eligible Blighted Area; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. The Project conforms to the Project Approval Standards of the Rules and Regulations of the Texas Economic Development Commission and the Resolution of this governing body designating the Eligible Blighted Area; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and F. The Project is in furtherance of the public purposes of the Act. SECTION 6: The Commercial,.Development Project proposed by West Hill Mall II, Ltd. should be and-is approved by this governing body. SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission. SECTION 8: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and the Rules and Regulations of the Commission, and for the benefit of the corporation, the Unit, the City, the Commission, West Hill Mall II, Ltd., the residents of the City, and all other iiiterested persons. SECTION 9: The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted at the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the scheduled time of such meeting; such place of posting being readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this 5th day of June, 1964. MAYOR PRO EM CITY OF HUNTSVILLE, TEX S C SEC ETARY, CITY OF HUNTSVILLE, TEXAS (CITY SEAL) Description of Property South Section 7.6115 acres of land, situated in the P. GRAY LEAGUE, abstract Number 24 and the LEWIS COX LEAGUE, abstract Number 13, Walker County, Texas, and being more particularly described as follows, to-wit: COMMENCING at a one-half inch iron rod, being the intersection of the south right of way line of State Highway No. 30 and the east right of way line of West Hills Drive (80 feet in width); THENCE S 2° 36' 55" W along the east right of way line of said West Hills Drive a distance of 850.00 feet to the PLACE OF BEGINNING; THENCE S 87° 23' S" E 115.00 feet to a point for corner; THENCE S 42° 23' S" E 28.28 feet to a point for corner; THENCE S 87° 23' S" E 501.38 feet to a point in the west right of way line of Financial Plaza, said point being a radius of curvature whose radius is 590.00 feet; THENCE in a southerly direction along said curve to the left a distance of 265.03 feet to a point of tangency; THENCE S 27° 23' S" E a distance of 21.56 feet to a point of curvature whose radius is 20 feet; THENCE along said curve to the right a distance of 31.42 feet to the point of tangency; THENCE along the north right of way line of Commerce Plaza bearing S 62° 36' 55" W a distance of 664.28 feet to a point of curvature whose radius is 20 feet; THENCE along said curve to the right a distance of 31.42 feet to the point of tangency; THENCE along the east right of way line of West Hills Drive bearing N 27° 23' S" W a distance of 92.63 feet to a point of curvature whose radius is 510.00 feet; THENCE along said curve to the right a distance of 267.04 feet to a point of tangency; THENCE continuing along the east right of way line of West Hills Drive bearing N 2° 36' 55" E a distance of 306.74 feet to the place of BEGINNING containing 7.6115 acres of land. C'1:Fi111CATL FOR RESOLUTION of the governing body of the City of Huntsville, Texas, approving a com;aercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. I, the undersigned City Secretary of the City of Huntsville, Texas (the "Unit"), hereby certify as follows. 1. The City Council (the "Governing Body") of the Unit convened in regular session at 7:00 p.m., central standard time, on June 5, 1984, (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body: to-wit: William V. Nash Mayor Gene Barrett Councilman Bill Hodges Councilman Stephen E. Davis Councilman Murray A. Brown Councilman Jerry L. Dowling Councilman Percy Howard, Jr. Councilman Bob Tavenner Councilman Jane Monday Councilwoman All of such persons were present, except the following absentees: Ma✓or CUi/'- V N�ch thus constituting a quoru Whereupon a written: RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial.project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith (the "Resolution") was duly introduced for the consideration of the City Council and read in full. L'�apr@.•1-'l- moved and �Q% seconded that the Resolution be adopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes': For: �p _ Against: Z Abstained: I ((3bSCnGC) 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Articles 6252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED this 5th day of June, 1984.11� �j ty Secretary (Seal) RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 84-13 IDB Gerald L Simpson & Thomas Rushing RESOLUTION No. RQ_1 q A RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of Walker County, Texas, (the "Unit") has heretofore approved the creation of a public non-profit corporation under the Provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of Walker County Industrial Development Corporation, (the "Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities, and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, all as defined in the rules of the Texas Economic Development Commission (the "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter; if such project is located in blighted or economically depressed areas; and. WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas ¢ . mmediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest`the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of the Commission set forth special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, this governing body, acting for and on behalf of the 'Texas, (the "City") desiring to authorize the ro ects for commercial uses as provided in the city of Huntsville, blighted areas, financing of certain e establishing one or more eligible Blighted Areas Act and the Rules by designating Eligible Blig did adopt Resolution No.Corporation Act of 1979, as amended, and the under the Development Corp the Texas Economic Development rules and regulations adopted by and providing an making findings in connection therewith, and Commission, on August 2, 1963 (the "Resolution"); effective date, ty that Gerald L. the Corporation has advised Generalthe i partnership, whose WHEREAS, a Texas Texas, is Thomas Rushing, Box 6007, Huntsville, Simpson and N. onstruction and Principal place of business is P.O.0acquisition, and the considering proceeding with the 10,000 square feet retail sales buildingfixtures and renovation of aon of of Huntsville acquisition and instal,, in that portion of the City facilities (the "Project") kited Area; and designated (t said Resolution as an Eligible Blighted adopted a Resolution On his ipi th WHEREAS, the Corporation the by respect to the issuance of bonds to fin on ea land described in Exhibit Gerald L. Simpson and N. Thomas Rushing, "A" attached to and incorporated in this Resolution; and WHEREAS, this governing body has been requested to review and ect and the rules and regulations of the Commission publishing osting approve the Yroj to approve the Project after p a public permit the City ublic hearing and bolding P notice prior to the date set for P hearing; and of WHEREAS, notice of p ublic hearing of the coin theiCity of approval of the Project was posted at the CityV.A.T S.;nand Huntsville, Texas pursuant to Article 6252-17, tion of WHEREAS, the notice of public hearing included a description bearing the Project and the date, time and location of the p concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and pursuant to the Rules and such notice, p whether location specified in for 'the purpose o4 determining Regulations of the Commission' for the Project; and this governing body should app ro osed by WHEREAS, this governing body has reviewed the Project proposed Gerald L. Simpson and N. Thomas Rushing and considered the same to determine whether said Project: Is consistent with the City's objectives for redevelopment A. Eligible Slighted Areas set out in said Resolution; of the Elig B, tions, if any. provided in said Conforms with the limits Resolution; C. Will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. Conforms to the Project Approval Standards specified in the Rules and Regulations adopted by the Texas Economic Development Commission and the Resolution of this governing body designating Eligible Blighted Areas; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to request the Commission to approve the Project proposed by Gerald L. Simpson and N. Thomas Rushing, and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and rules and regulations of the Commission; as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the Project proposed by Gerald L. Simpson and N. Thomas Rushing, to be constructed on the land described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence iiith respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, this governing-body makes the findings and determinations set forth in the following Sections of this Resolution. - SECTION 2: The Commercial Development Project proposed by Gerald L. Simpson and N. Thomas Rushing, consists of the acquisition, construction and renovation of a 10,000 square foot retail sales building and the acquisition and installation bf related furniture, fixtures and facilities located in Huntsville, Texas, on land being fully described on Exhibit "A' attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in an Eligible Blighted Area established by this governing body of the City of Huntsville. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act, as amended, -and is a project that will contribute significantly to the alleviation of the blighted conditions found to exist in the Eligible Blighted Area heretofore designated by the City. SECTION 5: The Applicants for said Project, Gerald L. Sir.:p son and T. Thomas Rushing, have demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment of the Eligible Blighted Area heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in the Resolution of this governing body designating the Eligible Blighted Area; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. The Project conforms to the Project Approval Standards of the Rules and Regulations of the Texas Economic Development Commission and the Resolution of this governing body designating the Eligible Blighted Area; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and the Act. F. The Project is in furtherance of the public purposes of SECTION 6: The Commercial Development Project-.proposed by Gerald L. Simpson and N. Thomas Rushing should be and is -approved by this governing body. SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all 'exhibits, to the Executive Director of the Commission. SECTION B: This Resolution is adopted for:the purpose of satisfying the conditions and requirements of the Act and the Rules and Regulations of the Commission, and for the benefit of the corporation, the Unit, the City, the Commission, Gerald-L. Simpson and N. Thomas Rushing, the residents of the City, and a11'other interested persons. SECTION 9: The governing body has considered'evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted at the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the scheduled time of such meeting; such place of posting being readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this 5th day of June, 1984. MAYOR PRO T CITY OF HUNTSVILLE, TEX S EST: CI SECRETARY TY OF HUNTSVILLE, TEXAS (CITY SEAL) FULLER and ASSOCIATES P0. O.. 1783 Iluncsville, Texas 77340 1'111: STATE OF TEXAS CMINTYOF WALKER I, the undersigned, JOE A. FULLER, HeRistered Public Surveyor, iln hereby certify [hat the following Ci eld nates represents n survey n�:i,I I• un the ground of the following described tract or parcel of I--"d located in Walker County, Texas: Ileing 0.774 a of land,m r less,situated in Block 29 of the City of 111ntsv111 e, p. CNAYcSURVEY,Abstract No. 24,Walker County.'Cexas.said 0.774 Itlu t being the aggregate of"Tracts 1, 2 and 3" s des ribed i u Deed fram I LllyaL. McGilberry,et of to James A. Barrum,dated April 1, 1983 and recorded n 10lume 424, Page 326,Deed Records of Nalker County,said 0.774 acre tractbeing m"Ie definitely descri bad as follows: DMINNINC n the i ,tion of the c t 11I of"Sam Ilouston Avenue(U. S. Ilighw:Iy Na. 75)"and[hens uch line of"14thaSLr C'.same being the northwest "I'u"of saitl Trace 3",seta 1/2"iron rod; '1l1ENCF.S89'S8'30"E,with the s uch line of said"14th Street"and the n rch lint•of said"Tract 3", pass the northeast c of sold"Tract 3",'a" being the r thwesL c of said"Trac,2", nuirgnwI 11 the n rch line of said"'Tract cal rdis[anca of 111.55 feet[[ the n rtheusL c of said"'Tract 2", �•i be i ngt the no rthwest'a"*' of a r yur el of land las described in a Nued S. forty,c al tonCiovel.ttu .odn[cllc All ril 11, 1969 Ind rtcardee LII roil eine 22D, Page 503,1 Deed Records, I...d a 1/2"iron pipe; TNENCE S130'29'00"E,with the east line of said"'Tract 2"and the w— line aid Nix c , for a distance or 134.85 feet t he.... c of said "'fr:Ict ec being the s act, at c oC said Rix"act and alsanbeing the rtheasc c of said"Tract 1"andr"'n rth.eat c rntrtof a called 0.426 a t s described in a Deed from Gladys I1.oBe ird to George 11. Russell,dutedcr .ielltember 21, 1982 and r,orded in Volume 402, Page 631, Deed Records, found a 5/8" rod from which a 5/8�i roJ found Eor reference only bears'N75'30'W-0.70 Icct 11,4 an iron axle found for reference only bears 1480'55'9-2.35 feet; THENCE S00'00'40"W,with theeast line aI said"Tract 1"and the wt c lin,: wr sa 1 Russell t m 'or a distance of 164,45 feet[ the southn east c of iIl"Tract 1", .[being[he s..hwa.t c c of said Russell c old also being in the nrthline of the residue of a tract0,parcel of land as described in :I heed fromR. J. Caldwell to C. D. Birmingham,dated July 21, 1955 and orded in Volume 151,Page 131, Decd Records, found a 5/8"iron rod from which a IeI" irun rod found Cor reference only bears N81°41'8-3.95 feet; TIIENCE S88'38'20"W,with the 111th line of said"Tract 1"and the north li"e ,+I void Ui mningham c , for a di s trance of 27.80 fact t the n rchwest c of i.l Ili rmingM1am residuecc ac s e being the n rtheasc c a[a rella ret•1 I:I"d ac described fn ar Decd fr..Investors Exchange, Inc l.Lr o JohnrW" Chi, I.Im'd.July 31, 1980 and recorded in Volume 363, Page 173, Deed c Records, found a Iron rod; 'fill YCE 589'40'40"N,with the south line of said"'Tract 1"and the north line el .IiJ Che i act, fora distance of 84.85 feet to the s 11.11.15[c of said "'fr.Irt I",same being the northwest car—Iter of said Chi tract and also being in the• I line s,id"Sam Houston Avenue", found a railroad spike from which the u Lllwe sc c of he old Its Italian building bears N00852'E-61.1 Cees and'henorthwest turner of a concrete racai ning wall bears S87-39-E-29.75 feet; 'TIIENCE North,with the t line of d"'rracc ' d the e c lit,of d "Bain Ilouston Avenr ue", gassing the n nor cosairner of said1an"'psai Tract 1'I'S sa a being the s ochuesc c of said"Tract 3",continuing with the west line ofmsoi, I.,— 3", for nLocal distance of 300.45[act to the PLACIi gr BECINNINC. Slnv,] in February. 1984, SF-U F.Tp�. .. �.CP�•'„ ..'Yif vi'VP Signed JUE A.FULLER- JOE A.E LLEN 40fi6 N.1'.S.No,4066 G 4:<It7tF��i� ed7C�SUR46 FULLER and ASSOCIATES P. 0. Box 1783 Huntsville, Texas 77340 THE STATE Or TEXAS COUNTY Or WALKER f, the undersigned, JOB A. FULLER, Registered Public Surveyor, do hereby certify that the following field notes represents a survey madr on the ground of the following described tract or parcel of land located in Walker County, Texas: Being 0.774 acre of land, more or less, situated in Block 29 of the City of Iluntsville, P. CRAY SURVEY, Abstract No. 24, Walker County, 'Texas, said 0.774 acre tract being the aggregate of "Tracts 1, 2 and 3" as described in a Deed from Uoruthy L. McGilberry, et al to James A. Barrum, dated April 1, 1983 and recorded in Volume 424, Page 326, Deed Records of Walker County, said 0.774 acre tract being more definitely described as follows: BEGINNING at the intersection of the east line of "Sam Ilouston Avenue (U. S. Highway No. 75)" and the south line of "14th Street", same being the northwest turner of said "Tract 3", set a 1/2" iron rod; THENCE S89058'30"E, with the south line of said "14th Street" and the north line of said "Tract 3", pass the northeast corner of said "Tract 3", same being the northwest corner of said "Tract 2", continuing with the north line of said "'Tract for a total distance of 111.55 feet to the northeast corner of said "Tract 2", x,'une being the northwest corner of a tract or parcel of land as described in a Deed from Jim S. Berry, et al to Cleveland Rix, dated April 21, 1.969 and recorded in Volume 220, Page 503, Deed Records, found a 1/2" iron pipe; THENCE S00°29'00"E, with the east line of said "Tract 2" and the west line of said Rix tract, for a distance of 134.85 feet to the southeast corner of said "Tract 2", same being the southwest corner of said Rix tract and also being the nurtheast corner of said "Tract 1" and the northwest corner of a called 0.426 acre tract as described in a Deed from Gladys Ii. Baird to George 11. Russell, dated Suptumber 21, 1982 and recorded in Volume 402, Page 631, Deed Records, found a 5/8" iron rod from which a 5/8" iron rod found for reference only bears'N75*30'W - 0.70 IQC L and an iron axle found for reference only bears N80°55'W - 2.35 feet; THENCE S00°00'40"W, with the east line of said "Tract 1" and the west line Of said Russell tract, for a distance of 164.45 feet to the southeast corner of said "Tract 1", same being the southwest corner of said Russell tract and also being in the north line of the residue of a tract-or parcel of land as described in a Dued from R. J. Caldwell to C. B. Birmingham, dated July 21, 1955 and recorded in Volume 151, Page 131, Deed Records, found a 5/8" iron rod from which a I" iron rod found for reference only bears N81°41'E - 3.95 feet; THENCE S88°38'20"W, with the south line of said "'Tract 1" and the north line of said Birmingham tract, for a distance of 27.80 feet to the northwest corner of said Birmingham residue tract, same being the northeast corner of a tract or parcel of land as described in a Deed from Investors Exchange, Inc, to John W. Chi., d:ited July 31, 1980 and recorded in Volume 363, Page 173, Deed Records, found a 5/8" iron rod; TIIENCE S89°40'40"W, with the south line of said "'Tract 1" and the north line of "aid Chi tract, for a distance of 84.85 feet to the southwest corner of said "Tract 1", same being the northwest corner of said Chi tract and also being in the ease line said "Sam Houston Avenue", found a railroad spike from which the southwest corner of the old bus station building bears N00°52'L'• - 61..1 feet and the northwest corner of a concrete retaining wall bears S87°39'E - 29.75 feet; THENCE North, with the west line of said "'Tract 1" and the east line of said "Sam Houston Avenue", passing the northwest corner of said "Tract 1", same being the southwest corner of said "Tract 3", continuing with the west line of said "'Tr.ict 3", for a total distance of 300.45 feet to the PLACE OF BEGINNING. Surveyed in February, 1984. gEQ ,7;F•�. q *; _ `•'" Signed JOE A.FULLER JOE A. FULLER - 4066 ": R.P.S. No. 4066 CERTIFICATF FOR RESOLUTION of the governing body Of the City of Huntsville. Texas, approving a cors,ercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. 1, the undersigned City Secretary of the City of Huntsville, Texas (the "Unit"), hereby certify as follows: 1. The City Council (the "Governing Body") of the Unit convened in regular session at 7:00 p.m., central standard time, on June 5, 1984, (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body: to-wit: William V. Nash Mayor Larry Corley Councilman Bill Hodges Councilman Stephen E. Davis Councilman Murray A. Brown Councilman Jane Monday Councilwoman - Jerry L. Dowling Councilman Percy Howard, Jr. Councilman Bob Tavenner Councilman All of such persons were present, except the following absentees: Ma)/nr 1 )illiar.. V thus constituting a quorum. Whereupon a wten rit : ac>h RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project In an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the•rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith (the "Resolution") was duly introduced for the onsi_deration of the City Council and read in full. n moved and Ta�IP.Y1ne,r seconded that the Resolution be ad ted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following vote).: For: _ Against: Q Abstained- �af,sence) 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting ' pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting member=_ of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Articles 6252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED this 5th day of ne, 1984. y Secretary (Seal) NOTICE OF PUBLIC HEARING TO DETERMINE WHETHER THE CITY OF HUNTSVILLE, TEXAS, SHOULD APPROVE A COMMERCIAL PROJECT TO BE FUNDED WITH INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR GERALD L. SIMPSON AND N. THOMAS RUSHING. NOTICE is hereby given that the City Council of the City of Huntsville, Texas, will convene at the City Hall, 1212 Avenue M, Huntsville,. Texas, at 7.00 o'clock p.m. on the 5th day of June, 1984, to determine whether a commercial project should be approved by the City and recommended for approval by the Texas Economic Development Commission under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission, and pursuant to Section 103 of the Internal Revenue Code of 1954, as amended. Gerald L. Simpson and N. Thomas Rushing, a Texas General Partnership (the "Applicant"), with its principal place of business is P.O. Box 6007, Huntsville, Texas, has requested the City Council to approve a proposed commercial project consisting of the acquisition, construction and renovation of a 10,000 square foot retail sales building and the acquisition and installation of related furniture, fixtures and facilities to be located at the intersection of Avenue L and Sam Houston Avenue, Huntsville, Walker County , Texas. Said Project has been recommended for approval by the Walker County Industrial Development Authority, Inc., and is within the boundaries of Walker County and City of Huntsville, Texas. Applicants are requesting the issuance of Industrial Development Revenue Bonds in an amount not now expected to exceed $800,000 to assist in funding said project. At the time and place herein established for the public hearing, all interested parties may present evidence and testimony on the question of whether the commercial project proposed by should be approved by the governing body of the City of Huntsville, Texas under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission, and under Section 103 of the Internal Revenue Code of 1954, as amended. CITY OF HUNTSVILLE, TEXAS SEC.•TARY POSTED: RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: D ne hk� piv e, 1 c . RESOLUTIM No. 84-14 A RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Teras Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of Walker County, Texas, (the "Unit") has heretofore approved the creation of a public non-profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of Walker County Industrial Development Corporation, (the "Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities, and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, all as defined in, the rules of the Texas Economic Development Commission (the • "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter; if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent_ thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated ari8 included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of the Commission set forth special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, this governing body, acting for and on behalf of the City of Huntsville, Texas, (the "City") desiring to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas, did adopt Resolution No. 83-10 designating Eligible Blighted Areas under the Development Corporation Act of 1979, as amended, and the rules and regulations adopted by the Texas Economic Development Commission, making findings in connection therewith, and providing an effective date, on August 2, 1983 (the "Resolution"); and WHEREAS, the Corporation has advised the City that One Lake Place, Inc., a corporation organized and existing under the laws of the State of Texas, is considering proceeding with the acquisition, expansion, renovation and construction of a commercial office building totaling approximately 90,000 square feet in size, together with the acquisition and installation of related furniture, fixtures and facilities (the "Project") in that portion of the City of Huntsville designated by said Resolution as an Eligible Blighted Area; and WHEREAS, the Corporation adopted a Resolution on January 31, 1984 _ with respect to the issuance of bonds to finance the Project proposed by One Lake Place, Inc., on land described in Exhibit "A" attached to and incorporated in this Resolution; and WHEREAS, this governing body has been requested to review and approve the Project and the rules and regulations of the Commission permit the City to approve the Project after publishing and posting notice prior to the date set for public hearing and holding a public hearing; and WHEREAS, notice of public hearing of the consideration of approval of the Project was posted at the city Hall in the City of Huntsville, Texas pursuant to Article 6252-17, V.A.T.S.; and WHEREAS, the notice of public hearing included a description of the Project and the date, time and location of the public hearing concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and location specified in such notice, pursuant to the Rules and Regulations of the Commission, for the purpose of determining whether this governing body should approve the Project; and WHEREAS, this governing body has reviewed the Project proposed by One Lake Place, Inc. and considered the same to determine whether said Project: A. Is consistent with the City's objectives for redevelopment of the Eligible Blighted Areas set out in said Resolution; B. Conforms with the limitations, if any, provided in said Resolution; C. Will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. Conforms to the Project Approval Standards specified in the Rules and Regulations adopted by the Texas Economic Development Commission and the Resolution of this governing body designating Eligible Blighted Areas; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to request the Commission to approve the Project proposed by One Lake Place, Inc., and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and rules and regulations of the Commission; as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the Project proposed by One Lake Place, Inc., to be constructed on the land described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon.the evidence before this governing body, both in the form of testimony and documentary, this governing body makes the findings and determinations set forth in the following Sections of this Resolution. SECTION 2: The Commercial Development Project proposed by One Lake Place, Inc., consists of the acquisition, expansion, renovation and construction of a commercial office building totaling approximately 90,000 square feet in size, together with the acquisition and installation of related furniture, fixtures and facilities, located in Huntsville, Texas, on land being fully described on Exhibit "A" attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in an Eligible Blighted Area established by this governing body of the City of Huntsville. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act, as amended, and is a project that will contribute significantly to the alleviation of the blighted conditions found to exist in the Eligible Blighted Area heretofore designated by the City. SECTION 5: The Applicant for said Project, One Lake Place, Inc., has demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment of the Eligible Blighted Area heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in the Resolution of this governing body designating the Eligible Blighted Area; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. The Project conforms to the Project Approval Standards of the Rules and Regulations of the Texas Economic Development Commission and the Resolution of this governing body designating the Eligible Blighted Area; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and F. The Project is in furtherance of the public purposes of the Act. SECTION 6: The Commercial Development Project proposed by One Lake Place, Inc, should be and is approved by this governing body. SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission. SECTION 8: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and the Rules and Regulations of the Commission, and for the benefit of the corporation, the Unit, the City, the Commission, One Lake Place, Inc., the residents of the City, and all other interested persons. SECTION 9: The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted at the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the scheduled time of such meeting; such place of posting being readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Lacy, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this 5th day of June, 1984. /h/2/91�-o MAYOR PRO TEM CITY OF HUNTSVILLE, TEXAS C ETARY CITY OF HUNTSVILLE, TEXAS (CITY SEAL) RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 84-15 Revitalization/New Addition RESOLUTION NO. 84-15 WHEREAS, the City of Huntsville, Texas deems it necessary and proper to submit an application for assistance under the U.S. Department of Housing and Urban Development/State of Texas Community Development Project Fund and the rules and regulations pursuant thereto; and WHEREAS, after due consideration it has been determined that the neighbor- hood in the City known as New Addition is the area of greatest need; and WHEREAS, by this resolution, the City Council of the City of Huntsville hereby designates that area between State Highway No. 19 to the East, State Highway No. 30 to the North, and State Highway No. 190 to the South, and Elm Street to the West, also known as New Addition, as a Revitalization District; and WHEREAS, by this resolution, the City Council also designates that the activities to be undertaken in the Revitalization District are to be street and storm drainage improvements. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that Gene Pipes, the City Manager of Huntsville, Texas, be and is hereby authorized and directed to submit an application for grant assistance under the Texas Community Development Project Fund and the rules and regulations pursuant thereto, and to sign the acceptance of the grant assistance, when made, and any other documents required to complete the project, on behalf of the City. APPROVED this _r,'t` day of June, A.D. 1984. THE CITY OF HUNTSVILLE, TEXAS 8yWilliam �/ May r Pro Tem ATTEST: DeShaw, City Secretary APPROVED AS TO FORM: s�6"L Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 84-16 Support for: Huntsville Lions Club/US Flag Project RESOLUTION NO. 84-16 A RESOLUTION OF THE HUNTSVILLE CITY COUNCIL EXPRESSING THEIR SUPPORT OF THE HUNTSVILLE LIONS CLUB'S U. S. FLAG PROJECT FOR DOWNTOWN HUNTSVILLE, TEXAS. WHEREAS: The City Council is supportive of the Lions Club's effort to provide a fund raising project thus providing additional funds that can be returned through "service projects" to our community; to create a patriotic spirit among the residents of Walker County; to beautify our community, especially on special holidays; and to provide involvement in the Sesquicentennial program for our club; and WHEREAS: This project proposes the placement of 90 flags in the immediate downtown area, consisting of 22 flags around the Walker County Courthouse proper with an additional 28 flags, 7 flags on each opposing business side of the square at 30 foot intervals; with the balance of 40 flags placed on 11th street (westward) to approximately the Ella Smither Building; and WHEREAS: The flag will be a 3 X 5 American flag (nylon) permanently positioned upon a 1 3/8" diameter 12 foot tall, stained dowel pole with a decorative cap. The placement holder will consist of a 4" PVC pipe with an internal 1 1/2" PVC pipe. This pipe will be placed, filled with cement, and then covered with a metal cap; and WHEREAS: The Lions Club will request $25.00 in donations from individuals, the business community, social and civic clubs, etc.; thus, sponsorships are open to the entire community; and WHEREAS: This project is scheduled for completion by July 4, 1984; and WHEREAS, the City Council, via this Resolution, approves of the project; approves of the assistance from the city street and maintenance department for placement of the holder; and approves of the week of JUNE 11-15, 1984 as: "Huntsville Lions Club--Flag Sponsorship Week" NOW, THEREFORE, BE IT HEREBY RESOLVED, that these things be done as an indication of the City Council's support of this very worthwhile endeavor on the part of the local Lions Club . RESOLVED AND PASSED ON THIS THE 5TH DAY OF JUNE, A.D., 1984. THE CITY OF HUNTSVILLE, TEXAS (Seal) W LLIAM-fr. HObfG9S� MAYOR PRO TEM AT � 5 HD W, CITY- nCRETARTY RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: e-s RESOLUTION NO. 8ry-lJ'� A RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of Walker. County, Texas, (the "Unit") has heretofore approved the creation of a public non-profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of Walker County Industrial Development Corporation, (the "Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities, and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, all as defined in the rules of the Texas Economic Development Commission (the "Commission'), irrespective of whether in existence or required to be acquired or constructed thereafter; if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of the Commission set forth special rules for approval of commercial projects in blighted or economically depressed areas; and l; WHEREAS, this governing body, acting for and on behalf of the City of Huntsville, Texas, (the "City") desiring to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas, did adopt Resolution No. 83-10 designating Eligible Blighted Areas under the Development Corporation Act of 1979, as amended, and the rules and regulations adopted by the Texas Economic Development Commission, making findings in connection therewith, and providing an effective date, on August 2, 1983 (the "Resolution"); and WHEREAS, the Corporation has advised the City that Normal Park Properties, a partnership organized and existing under the laws of the State of Texas with its principal place of business at P.O. Box 1770, Huntsville, Texas, is considering proceeding with the construction of a 40,000 square feet, two-story lease office and retail building to be located on a 5 acre tract of land and the acquisition and installation of related furniture, equipment, fixtures and facilities (the "Project") in that portion of the City of Huntsville designated by said Resolution as an Eligible Blighted Area; and WHEREAS, the Corporation adopted a Resolution on June 28, 1984, with respect to the issuance of bonds to finance the Project proposed by Normal Park Properties, on land described in Exhibit "A" attached to and incorporated in this Resolution; and WHEREAS, this governing body has been requested to review and approve the Project and the rules and regulations of the Commission permit the City to approve the Project after posting notice prior to the date set for public hearing and holding a public hearing; and WHEREAS, notice of public hearing of the consideration of approval of. the Project was posted at the City Hall in the City of Huntsville, Texas pursuant to Article 6252-17, V.A.T.S.; and WHEREAS, the notice of public hearing included a description of the Project and the date, time and location of the public hearing concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and location specified in such notice, pursuant to the Rules and Regulations of the Commission, for the purpose of determining whether this governing body should approve the Project; and WHEREAS, this governing body has reviewed the Project proposed by Normal Park Properties and considered the same to determine whether said Project: A. Is consistent with the City's objectives for redevelopment of the Eligible Blighted Areas set out in said Resolution; B. Conforms with the limitations, if any, provided in said Resolution; C. Will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. Conforms to the Project Approval Standards specified in the Rules and Regulations adopted by the Texas Economic Development Commission and the Resolution of this governing body designating Eligible Blighted Areas; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to request the Commission to approve the Project proposed by Normal Park Properties, and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and rules and regulations of the Commission; as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION I: The public hearing on the question of whether the Project proposed by Normal Park Properties, to be constructed on the land described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, this governing body makes the findings and determinations set forth in the following Sections of this Resolution. SECTION 2: The Commercial Development Project proposed by Normal Park Properties, consists of the construction of a 40,000 square feet, two-story lease office and retail building to be located on a five acre tract of land and the acquisition and installation of related furniture, equipment, fixtures and facilities in Huntsville, Texas, on land being fully described on Exhibit "A" attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in an Eligible Blighted Area established by this governing body of the City of Huntsville. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act, as amended, and is a project that will contribute significantly to the alleviation of the blighted conditions found to exist in the Eligible Blighted Area heretofore designated by the City. SECTION 5: The Applicant for said Project, Normal Park Properties, has demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment of the Eligible Blighted Area heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in the Resolution of this governing body designating the Eligible Blighted Area; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. The Project conforms to the Project Approval Standards of the Rules and Regulations of the Texas Economic Development Commission and the Resolution of this governing body designating the Eligible Blighted Area; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and F. The Project is in furtherance of the public purposes of the Act. SECTION 6: The Commercial Development Project proposed by Normal Park Properties should be and is approved by this governing body. SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission. SECTION B: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and the Rules and Regulations of the Commission, and for the benefit of the corporation, the Unit, the City, the Commission, Normal Park Properties, the residents of the City, and all other interested persons. SECTION 9: The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted at the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the scheduled time of such meeting; such place of posting being readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this ZS day of .—• 1984- MAY OR, 984.MAYOR, Lt)i uj r^ V. WAS14 CITY OF HUNTSVILLE, TEXAS j- �ATTEST• i ITY SECRETARY, CITY OF HUNTSVILLE, TEXAS (CITY SEAL) i MURRAY N 1400HEN• INC. NEDIS TEnEO I•Un LIC 5 iV ET OIiS n UnTSVILLE.TEXAS U>T]-1) THE STATE OF TEXAS COUNTY OF 'IVIALKER Si 1, Lhe undersigned J. :. maoi1EH, Public Survevor No. .1559, do hereby certify that t.h.: followi nq field notes repre- sent a survey made on the ground of the 11—cribed tract or parcel of land located in Walker County, Toras. Being 5.00 acres (217,810 Square foeL) of land, situated in the City of Buntsville, P. GRAY LEAGUE, Abstract No. 24, Walker County, Texas and being out of and a part of a called 3.35 acre tract described in a Deed from Lois Fitch Black to F. Ray Black, Jr., et al, dated December 15, 1975 and recorded in Volume 284, Page 358, Deed Records of Walker County, 'texas, and being also out of and a part of a called 40 acre tract described in a Deed from Lois Pitch Black to F. Ray Black, Jr., et al, dated December 6, 1976 and recorded in Volume 297, Page 412, Deed Records of Walker County, Texas, said 5.00 acre tract herein described being also out of and a part of the residue of a called 61.07 acre tract described in a Deed from Thomas A. Hallmark to Ray Black dated June 14, 194G and recorded in Volume 115, Page 554, Deed Records of Walker County, Texas, and being more definitely described by metes and bounds as follows: BEGrNNING at a point in the west .line of said F. Ray Black, Jr., et al, called 3.35 acre tract at Lhe northwest corner of a called 5.814 acre tract described in a bead from Dr. Roland E. Black, et a1, to American Bank of Huntsville dated March 25, 1903 and recorded in Volume 410, Paye 6.11, Deed Records, found a 5/8" iron rod for corner in the east line of Normal Park Road; THENCE 141.1°20'30"W, with the east line of Said Normal Park Road and the west line of said Black 3.35 acre tract, a distance of 326.00 feet to a 5/0" iron rod set for the northwest corner of the 5.00 acre tract herein described; THENCE N75`2811011E - 676.45 feet to a 5/8" iron rod set for corner; THENCE S14°28'25"E - 290.05 feet to a 5/8" iron rod set for corner in the most easterly north line of said American Bank 5.814 acre tract; THENCE SO-17'00"W, with the most easterly north line of said American Bank 5.814 acres, a distance of 196.40 feet to a 5/8" iron rod found for an angle corner in the north line of said 5.8L4 acre:;; THENCE S75"28'10"w, with the most westerly north line of said Nnorican Bank 5.814 acre tract, a distance of 482.10 feet to the PLACE OF BEGINNING. Surveyed in June, 190.1. OF •1ti• 4�+:' Iic�j!�I•ublic�Surieyor too. 1572 M... . •J.S li„ I•:\111!4 IT:1 CERTIFICATE FOR RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. I, the undersigned City Secretary of the City of Huntsville, Texas (the "City"), hereby certify as follows: 1. The City Council (the "Governing Body") of the City convened in regular session at Z-V _P.m., pm., central standard time, on AUr UST 25?• 1984, (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body: to-wit: William V. Nash Mayor Gene Barrett Councilman Bill Hodges Councilman Stephen E. Davis Councilman Murray A. Brown Councilman Jane Monday Councilwoman Jerry L. Dowling Councilman Percy Howard, Jr. Councilman Bob Tavenner Councilman All of such persons were present, except the following absentees: CnunGllmPnlFlErs )ng21iOCA Ie_ e r- thus constituting a quorum. Whereupin a written: RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith (the "Resolution") was duly introduced for the consideration of the City Council and read in full. moved and M D N DR Y seconded that the Resolution be dopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: For: _tp— Against: --I-- Abstained: 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and f acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Articles 6252-17, Vernon's Texas Civil Statutes, as amended. ��.//.,, SIGNED AND SEALED this Zg" day of Qu3a ,L 1984. y 'ecretary (Seal) NOTICE OF PUBLIC HEARING TO DETERMINE WHETHER THE CITY OF HUNTSVILI.E, TEXAS, SHOULD APPROVE A COMMERCIAL PROJECT TO BE FUNDED WITH INDUSTRIAL DEVELOPMENT REVENUE. BONDS FOR NORMAL PARK PROPERTIES NOTICE is hereby given that the City Council of the City of Huntsville, Texas, will convene at the City Hall, 1212 Avenue M, Huntsville, Texas, at 7:00 o'clock p.m. on the 2 Sth day of August 1984, to determine whether a commercial project should be approved by the City and recommended for* approval by the Texas Economic Development Commission under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission, and pursuant to Section 103 of the Internal Revenue Code of 1954, as amended. Normal Park Properties, a partnership organized and existing under the laws of the State of Texas with its principal place of business at P.O. Box 1779, Huntsville, Texas, has requested the City Council to approve a proposed commercial project consisting of the construction of a 40,000 square feet two-story lease office and retail building to be located on a 5 acre tract of land and the acquisition and installation of related furniture, equipment, fixtures, and facilities to be located approximately 400 feet Northeast of the Normal Park and 11th Street intersection in Huntsville, Walker County , Texas. Said Project has been recommended for approval by theWalker County Industrial Development Corporation, and is within the boundaries of the County and City of Huntsville, Texas. Normal Park Properties is requesting the issuance of Industrial Development Revenue Bonds in an amount not expected to exceed $1,750,000 to assist in funding said project. At the time and place herein established for the public hearing, all interested parties may present evidence and testimony on the question of whether the commercial project proposed by Normal Park Properties should be approved by the governing body of the City of Huntsville, Texas under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission, and under Section 103 of the Internal Revenue Code of 1954, as amended. CITY OF HHUU�NTSSVVILLE�, TEXAS/ f TY SECRETARY POSTED: / _/ �� DEVELOPMENT SOLUTIONS, INC. CORPORATE FINANCIAL ADVISORS August 14, 1984 Ms. Ruth DeShaw Huntsville City Secretary Huntsville City Hall P.O. Box 839 Huntsville, TX 77340 Dear Ruth: We are requesting that you consider placing the following items on the City Council agenda for the scheduled meeting August 28, 1984, at 7:00 p.m., subject to the City Attorney's approval: 1) A public hearing to determine whether to approve a commercial project located within an eligible designated area to be funded with industrial development bonds. (Applicant: Normal Park Properties) $1,750,000 2) Consider a resolution approving a commercial project to be funded with industrial development bonds. (Applicant: Normal Park Properties) $1,750,000 Also, please find enclosed copies of the Notice of Public Hearing. If you would, please post one copy and return the others, with your signature, in the enclosed stamped self-addressed envelope. We appreciate your consideration of these items. Please don't hesitate to call should you have any questions. Sincerely, n Mar are oh Project Manager enclosures cc: Project Working Group Mr. Gene Pipes Mr. Scott Bounds -J 305 W.Rusk • P.O.Box 1927 Marshall,Texas 75670 2141938-6021 PROJECT WORKING GROUP WALKER COUNTY INDUSTRIAL DEVELOPMENT CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1984 (NORMAL PARK PROPERTIES PROJECT) $1,750,000 USER (NORMAL PARK PROPERTIES) Representatives: Mr. Kerry Wiggins American Bank P.O. Box 1779 1718 11th St. Huntsville, TX 77340 409/295-6481 Dr. Joe T. Crawford 2503 Lake Rd., Suite 7 Huntsville, TX 77340 409/295-3709 Financial Advisor: Mr. Paul Williams Development Solutions, Inc. P.O. Box 1927 305 W. Rusk Marshall, TX 77340 214/938-6021 User and Guarantor Counsel: Mr. Jason Searcy Attorney and Counselor at Law P.O. Box 2028 305 W. Rusk Marshall, TX 77340 214/938-1521 Bond Counsel: Mr. Paul Martin Reynolds, Allen & Cook 3300 Allied Plaza Houston, TX 77002 713/651-1300 (continued on the next page) ISSUER (WALKER COUNTY INDUSTRIAL DEVELOPMENT CORPORATION) Representatives: Mr. Nat J. Davis, Jr. First National Bank P.O. Box 659 1300 11th St. Huntsville, TX 77340 409/295-5701 Mr. Leon Belinowski New Waverly State Bank Box 218 Highway 150 New Waverly, TX 77358 409/344-6691 Mr. Roy Williams Huntsville-Walker County Chamber of Commerce P.O. Box 538 1327 11th St. Huntsville, TX 77340 409/295-8113 Issuer Counsel: Mr. Carroll Shaddock Liddell, Sapp, Zively, Brown & LaBoon Texas Commerce Tower Houston,TX 77002 713/226-1200 RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 84-17B Adopts Central Business Dist. Plan RESOLUTION NO. 84-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, ELEMENTAOFPTHEGA CENTRAL COMPREHENSIVESPLANSOFITHEICT CITYCOF) PLAN AS AN HUNTSVILLE. WHEREAS, the City Council recognizes its responsibility for establishing a Central Business District Plan; and WHEREAS, the City Council desires to retain the economic vitality and uniqueness of its Central Business District; and WHEREAS, in order to insure objectivity, consistency, and equality in meeting the needs of the community, it is necessary to document and justify such policy in accordance with predetermined and agreed upon goals and objectives; and WHEREAS, the City Council has reviewed the Central Business District Plan as an element of the Comprehensive Plan; and WHEREAS, the City debated and recommendedPlanning of Huntsville has the h adoption of such Central died, l Business District Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: TAT te Cental hereto aHparthhereofrfor 8all npurposes ess pis adopted cPlan as aecomponentsof the�Comprehensive Plan of the City of Huntsville; and THAT such Central Business District Plan shall at all times be kept current with regard to the needs of the City of Huntsville and reflective of the official views of the City Council and shall be reviewed annually by the City Planning Commission; and THAT sid Central usiness t Plan shall uide the ementation of capitalaimp ovements insofar ass said cprojects affectuthe physical development of the City. PASSED AND APPROVED this the day of 1984. THE CITY OF HUNTSVILLE By William V. Nash, Mayor ATT e haw, city secretary APP�OVED As; TO FO{2M: c un s, ornet Y PRELIMINARY DRAFT FOR DISCUSSION PURPOSES ONLY CENTRAL BUSINESS DISTRICT Introduction The Central Business District (CBD) is the center of ,the administra- tive and commercial activities of both the City and the County. Presently, these activities expand along two axes; an east-west axis, or 11th Street, and a north-south axis, Sam Houston Avenue. The original Public Square, site of the County Courthouse, remains the principal focal point of the community. The area of greatest density expands out from the Public Square primarily within a two block area on both sides of Sam Houston Avenue and two blocks to the north and five blocks to the south of 11th Street. This is the central core of the CBD. Administrative activities in the CBD include the Post Office, the City Hall, Walker County Courthouse, Huntsville Public Library, Fire Station No. 1, the Municipal Justice Center and the State Parole Board. Commercial activities include convenience shops, offices, banking establishments, restaurants, barber and beauty shops, dry .5 goods and grocery stores along with service stations, agriculturally oriented businesses, automobile repair shops, Used car lots, furniture stores, appliance stores, building supplies, warehouses and truck, bus and railroad terminals. �c>'oi ted 9-t�-8�{ �eS. B�I-►1 The Central Business District Committee, a group of citizens appointed by the City Council to provide public input into the planning process, recommended establishing the boundaries of the CBD according to physical barriers. The boundaries of the CBD were established, there- fore, as the HISD property to the north, the TDC property to the east, the SHSU campus to the south, and Avenue N to the west. Avenue N was designated as a boundary line due to the belief that the residential neighborhoods adjacent to that street are stable enough to withstand commercial intrusion for the next twenty years (the planning period of this study). Existing Conditions Development in the CBD has fo-llowed the usual pattern of municipal- ities whose core areas were developed around a public square. Typically, structures in the core area are small (often twenty-five feet wide) with common walls between adjacent structures. Many structures date to before the turn of the century; only limited modernization of these store fronts has occurred in recent years. Expanding out from this core area, is a diverse group of buildings; mostly commercial in nature that comprise the bulk of the, CBD. MAP 7-1: EXISTING LAND USE graphicly presents the characteristics of development in the Central Business District. As can be readily seen from this map, commercial development is predominate; especially 2 -- �Y...r`M'f*9'HF1 �n' 9ed#5f01 'F 't A'°°63 d \ •�' - Sari :-Ho s on Avenue Ell m UMVIeF_ .y Avenue 10 Dr P D\ �0 1' � f' p c\\\\\1 \CCC;; \ CEPSTRAL BUSINESS DISTRICT PLAN LAND USE CODE USE- CITY OF HUNTSVILLE, TEXAS COMMERCIAL f PARK/OPEN SPACE NOVEMBER 1983 RESIDENTIAL i...•..I 0 VACANT PUBLIC/ PARKING LOT SEPTI-PUBLIC ®r� CORRECTION This Document Has Been Rephotographed To Assure Legibility. Microfilming Target AMD 210(August 1987) Texas State Library State Records Center Reproduction of this form at the agency level is authorized. 1,ffl, OR jgvffig NEE \\ \ \ \ �\\ \ \ \ .I:��f• \ Sam Houston Avenue IN University Avenue 1 10 t .�P ® n1l � \P m m P \ : �... \ ......... CENTRAL BUSINESS DISTRICT PLAN LAND USE CODE MAP 7-1 EXISTING LAND USE CITY OF HUNTSVILLE, TEXAS COMMERCIAL \°\ '''' PARK/OPEN SPACE NOVEMBER 1963 RESIDENTIAL 0 VACANT PUBLIC/ ®!r J PARKING LOT SEMI-PUBLIC Q5-' adjacent to the main thoroughfares. Towards the northeast and the southwest sections of the CBD, residential land uses may still be found. Much of this residential land use, however, is in apartment dwellings. Very limited off-street parking facilities are to be found in the CBD except in connection with the newer structures such as the two banking establishments and the three strip shopping centers; two of which are on Sam Houston Avenue and one on University Avenue. Traffic within and through the area is heavy throughout the day and considerable confusion and congestion is apparent during the business hours due mainly to parking maneuvers, the necessity of having through traffic routed over the principal streets and the concentrated nature of the CBD's building arrangement. Parking practices and policies need to be better related to parking supply and demand and future off-street parking facilities will need to be provided if continued development within the CBD is desired. The central core of downtown Huntsville is, by nature, a pedestrian center. People congregate in this area as they walk from one shop to another and move from one building to another. The method used to guide and transport this foot traffic is the sidewalk system. The i.l existing sidewalk system varies in condition from very good to poor to non-existent. Further, the continuity of the sidewalk system is broken at the intersections with pedestrian/vehicular conflicts. A more efficient linking of the numerous uses and activities in the CBD 4 would make walking a more efficient and pleasant experience. Additionally, enhancement of the pedestrian system may be gained f through the introduction of street furniture, landscaping and other design features. Automobile circulation is an important aspect to the CBD. Access to and movement within the downtown contribute to its overall character and workability. As a major traffic generator, the CBD is a point of destination for a great deal of city traffic. Circulation is impeded by congestion arising from present practices of on-street parking, inadequate traffic control, lack of traffic channelization at inter- sections and the intermixing of vehicular traffic with pedestrian g traffic. The CBD is based on a rigid grid system. This allows primary access r from a variety of streets. A number of north-south and east-west g streets that are basically residential in design provide the principal access to the core area. Instead of these streets being the peripheral feeders of automobile traffic to the area, they actually dump all of the traffic directly into the very center of the CBD. Additionally, these streets carry through traffic across the central core to the various sections of town. az e Characteristics such as traffic volumes, accidents and turning move- ments contribute to the flow of traffic in the CBD. These charac- teristics provide further insight into the assessment of the downtown zir 5 rT; circulation system. As a traffic generator, the CBD has through traffic as well as internal vehicular movement. Further, traffic flow patterns, especially two-way streets, result in an excessive number of vehicular turning and moving conflicts at intersections. This condi- tion is also complicated by pedestrian movement through the intersec- tions. A reduction of turning movement conflicts will improve traffic flow and safety. Problems and Assets A survey was conducted by the members of the Central Business District Committee to determine what problems existed in the CBD. Merchants operating in the area were given a list of questions concerning their operations and problems they felt "existed in the CBD. After considering the responses of the merchants, the CBD Committee was able to define a list of problems of the CBD. TABLE 7-1: CBD PROBLEMS contains this list of problem areas. The Committee went one step further, however, identifying a number of assets existing in the CBD; these assets are listed in TABLE 7-2: POTENTIAL CBD ASSETS. 6 1. GENERAL APPEARANCE e. Dirty, muddy or rough surface. f. Poorly lighted. a. Cluttered,unattractive entrances to CBO. g• Slaw turn-over. b. Lack of landscape plantings and green spaces. h. Employees use prime customer spaces. c. Dirty,littered streets,sidewalks and alleys. 7, PEDESTRIAN FACILITIES d. Visual chaos of poles,signs and wires. e. Lack of design harmony among buildings. a. Rough, broken sidewalks. f. Lack of views,vistas,and visual focal points. b. High curbs. 2. BUILDINGS c. Pedestrian-automobile conflicts. d. Dark side streets. a. Poorly maintained exterior appearance. e. Unattractive routes between stores and parking areas. b. Drab,uninteresting interior rs. f. Lack of benches,fountains,restrooms,phones, trash c. Functionally obsolete size and shape. containers,and information centers, d. Vacant upper stortes. g. Little protection from inclement weather. h, Narrow sidewalks. D 0irty,cluttered rear entrances. i. Excessive noise and dust. f. Inharmonious remodeling. g. Absentee ownerships. 8. LAND USE 3. SIGNS a. Lack of major shopping store. a. Excessively large. b. Nan-conmercial dead spots in shopping frontage. b. Overhang public right-of=way. c. Vacant buildings and land. c. Poorly maintained. d. Lack of room for expansion. d. Gaudy,garish and ugly. e. Outlying retail uses compete with CBD. e. Difficult to read. 9. UTILITIES f. Poorly designed. g. Inharmonious with building architecture. a. Water system old and undersized. b. Sanitary sewer old and undersized. 4. STREETS c. Poorstorm drainage. a. Tao narrow for traffic and parking needs. d. Tangled mess of overhead wires. b. Poor surface Condit,ons. e. Inadequate,unattractive street lighting. c. lack proper markings and directional signs. n 10. MERCHANDISING AND CUSTOMER RELATIONS d. Darty and littered. 5. TRAFFIC a. Limited selection and variety. b. Lack competitive pricing. a. Congested,slow moving. c. Fa,lure to recognize potential markets. b. Inconvenient circulation pattern. 11. COMMUNITY ATTITUDE c. Turning conflicts at intersections. d. Loading zone conflicts. a. No public-private cooperation. e. Poor access routes to CBD, f. Through traffic conflicts. b. No imagination. g. Excessive truck traffic. 12. AREA TRENDS 6. PARKING a. New regional shopping center within 60 miles. a. InsuffiCtent number of spaces. b, On-street spaces canfli ct wlth traffic. c. Unattractive,poorly designed lots. d. Inconvenient location. TABLE 7-1 CBD PROBLEMS CORRECTION This Document Has Been Rephotographed To Assure Legibility. Microfilming Target RMD 210(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized. I GENERAL APPEARANCE 6. PEDESTRIAN FACILITIES a, Interesting skyline if clutter eliminated. a. Sidewalks could be widened. b. Open spaces could be landscaped. b. Spaces for benches, landscape features could he created. c. Vistas could be created to certain major buildings. c. Mall or semi-mall could be developed. d. Unifying design concept possible among buildings. d. Canopy could be installed along entire street. e. Unnecessary poles, signs and wires could easily be removed. 2. BUILDINGS 7. UTILITIES a. Improvement of water and sewer systems feasible. a, Buildings with interesting architectural details, b. Overhead wires could he replaced or placed underground. b. Buildings of historical value. C. Street lighting ready soon for replacement. c. Rear entrances could be improved. d. Storm drainage can be improved. d. vacancies allow space for expansion, e. Utility companies cooperative and interested in community. e. Most buildings in sound structural condition. 3. SIGNS 8. MERCHANDISING AND CUSTOMER RELATIONS a. Good market available for quality goods and services. a. Obsolete signs easily removed. b. Experienced and knowledgeable businessmen. b. Sign panels harmonizing with building possible, c. Active Chamber of Commerce. c. Flush mounted wall signs could he easily viewed. d. Some businesses draw from outside trade area. d. Uniform"under-canopy"signs could be used, 4. TRAFFIC 9. COMMUNITY ATTITUDE a. Traffic could circulate around central core. a. Strong community spirit. b. Some turning movements could be eliminated. b. Progressive local government. c. Government and business willing to cooperate. c. Through traffic could bypass CBD. d. Take pride in high quality of local improvements. d. Better location possible for loading zones. 5. PARKING 10. AREA TRENDS a. Some on-street spaces could be eliminated. a. Trade area population has increased spendable income. b. Community is center for governmental,educational and b. Locations available for more off-street parking. medical services. c. Existing parking lot design and layout could be improved. c. Good recreational/tourism potential, d. Space available for landscaping and screening, e. Employees could park in other locations than customer spaces. r TABLE 7=2 POTENTIAL CBD ASSETS Traffic Circulation The existing streets in the CBD were laid out and built when traffic volumes were very low. Through the years they have served the area quite well; however traffic has increased to a point where many of these streets are no longer able to handle the demand placed on them. The result has been an increase in congestion, delay and traffic accidents. As the City continues to grow, these problems may be expected to increase. Many of these problems can be eliminated or reduced by major street widening and construction programs. Improvements of this type, how- ever, require extensive capital expenditures and, in many cases, the cost would be prohibitive. A(Tditionally, it is doubtful whether or not sufficient right of way exists in Huntsville's CBD to allow for widening of the streets. Instead, the most feasible alternative is to get the most efficient use out of the existing streets. This can be done by using various traffic management techniques, such as increasing street and intersection capacity, parking improve- ments and modernizing signs, traffic signals and pavement markings. These are relatively low-cost measures that can improve traffic flow, reduce delay and congestion and improve safety. 9 Street Capacity Street capacity is a measure of a street's ability to accommodate a stream of moving vehicles. Factors that tend to limit the capacity of a street include lane width (less than 12 feet), lateral clearance (objects set close to street right-of-way), pavement conditions, alignment, grades, frequency of large truck traffic (one large truck equals two cars), traffic flow variations and traffic interruptions. Traffic interruptions are most prevalent at intersections. Intersec- tion delays are a principal cause of congestion and reduced travel time on two-way streets. Two highly successful methods of increasing street capacity through reductions in traffic interruptions are limit- ing left-hand or cross-traffic turns and development of a one-way street system. The overall objective of both limiting left hand turns and one-way streets is to redirect traffic and traffic maneuver to streets or intersections better able to handle the particular maneuver. Limiting of left-hand turns tends to redirect drivers to other streets or less congested intersections on the same street. Possible sites for prohibition of left-hand turns are shown on Map 7-2: CBD CIRCULATION, PROPOSED NO-LEFT TURN INTERSECTIONS. Another type of traffic interruption in the CBD is on-street loading and unloading of delivery trucks. This is most prevalent and most 10 17 1--- ,�......+ - =__ter-._•_ ..; �- ... „. 'IIT" I_!-_ �--- 1� .��'•- Ave M — r I I I -•; I III , II •��:;ji Sam Houston Avenue _ _I 1 Efl I I I I , r Universit Avenue �� r I I L4 m venue J m m m ) I m m m m + + C I cn Z Avenue 1 MAP 7-2: CBD CIRCULATION CENTRAL BUSINESS DISTRICT PLAN PROPOSED NO LEFT TURN CITY OF HUNTSVILLE, TEXAS INTERSECTIONS NOVEMBER 1983 hazardous around the downtown Square where such deliveries often completely close off one of the traffic lanes on Sam Houston Avenue and 11th Street. Repeated observation has found that deliveries often occur at periods of peak traffic flow such as 12:00 p.m. and 5:00 p.m. Unfortunately, Huntsville has not taken advantage of the use of alleys at the rear of some commercial buildings for loading and unloading purposes. As a matter of fact alleys as such do not exist in downtown Huntsville. There are some driveways functioning as alleys, it is true, but these are privately owned and serve primarily as access to off-street parking areas. Two alternatives are available to the City in addressing the problem of on-street loading and unloading of trucks. The first alternative is to regulate loading and unloading of trucks on the street. This .alternative could range from outright prohibition of on-street loading/unloading to designation of specific times and locations for such activities. The second alternative involves establishing a system of alleyways through the blocks surrounding the Courthouse square. This would require close cooperation between the City and the individual property owners to be feasible. It is unlikely, however, that all commercial establishments would be able to take advantage of an alleyway system if it were provided due to lack of rear access. 12 Another method of increasing street capacity is through a system of one-way streets. A one-way street system may increase the capacity of the streets from 20 to 50 percent over their capacity as two-way streets as a result of reducing intersection delays and providing additional lanes for turning maneuvers. Further, such a system can materially reduce the number of conflict points between vehicles and between vehicles and pedestrians. There are 32 vehicular conflict points at an intersection of two two-way streets. There are only 5 conflict points at the intersection of two one-way streets. pa Additionally, one-way street systems generally reduce overall travel time from between 10 to 50 percent. This is due to the reduction of delays created by turning vehicles at intersections. Traffic signals can also be better timed for progressive traffic flow. Accidents may be expected to decrease from 10 to 40 percent, despite a slight increase in traffic volume. Finally, improved traffic movement and increased safety generally produce broad economic benefits.both to adjacent land owners and the general public. Studies made in various parts of the U. S. have generally tended to disprove the concern by affected business owners that one-way streets adversely affect trade. Moreover, where one-way systems have once been implemented, many businessmen formerly opposed to the plan have become staunch c� supporters. The most likely streets to form an eventual one-way street system are show on MAP 7-3: CBD CIRCULATION, ONE WAY STREET SYSTEM. Immediate implementation of the entire system may not be practical, however. 13 �� rl AVE P cn VE 0 J i II s o AVE N__--==-~ ••fie l�—�y ❑ o 0 m i e'9y ° � O a�CJ ❑ U o ❑ Mv0U5T LTJ 4I au a & AVEC -o o r_ 6 0 0 0 0 U.•. � o 7E;3 0 O ; s r ■ SO ❑a ❑ L7�I 3 0 o AVE Co .0IE a Mpg = p M1 O AVE M r� U a LLLJJJ AV / N n ti y N a v IAVC ❑AVE �4 � LSTIIL �� ❑ P q ..a..=s CENTRAL BUSINESS DISTRICT PLAN MAP 7-3 CBD CIRCULATION, CITY OF HUNTSVILLE, TEXAS ONE-WAY STREET ONE-WAY STREET SYSTEM NOVEMBER. 1983 PROPOSED STREETS =__= Implementation should instead be considered on a phased, step-by-step basis. Actual phasing and implementation can best be determined according to need based on the following guidelines: 1. Develop one-way streets in pairs, preferrably of equal length. This will help provide for balanced flow in both directions. 2. Develop one-way streets in usable lengths. Short sections of one-way streets, usually a block or two long, should be avoided since they tend to create confusion and disrupt traffic flow. 3. Carefully consider the terminal points. One-way streets should not be ended at major cross-streets or intersections. Instead, they should extend on as far as possible. Street patterns in which two streets join in a Y-pattern readily lend themselves to one-way designation while streets in a classic grid-iron patterns are likely to end at a four-way intersection. 4. Consider the impact of future expansion of the system. When looking at a prospective one-way street, be sure to consider the entire length of the street and its effect on intersecting streets. 15 Parking One of the primary reasons for congestion in the downtown area of a city is inadequate or inefficient parking facilities. This problem has continually been identified, directly or indirectly, by study participants, merchants and property owners, city officials and survey respondents as being central to the question of downtown. The recent removal of parking meters and the establishment of a system of time- controlled parking has abated the problem to some degree but has not solved it. To properly analyze the problem of parking in the CBD, a full-scale parking facilities study should be conducted. Such a study was conducted for the CBD in Huntsville in 1979 by Lockwood, Andrews and Newnam, Inc. for their Traffic Engineering Plan. Among the parking characteristics studied was the existing curb usage, parking space usage and duration and current parking practices of the public. The study resulted in the following findings: (1) The present (1979) on-street parking supply in the CBD is ade- quate to serve current on-street parking needs. (2) Occupancy of on-street parking spaces is low. Regulated spaces are occupied 55 percent of the time,and unregulated spaces are occupied 43 percent'of the time. An occupancy rate of about 80 percent is more desirable. (3) About 68 percent of the parkers park for 30 minutes or less. 16 (4) Parking turnover is very low. Present turnover for regulated spaces averages 4.8 vehicles per space per day. A turnover rate of about 8 vehicles per space per day is desirable. (5) At several locations, vehicles were parked on City property between the curb line and property line. Many of these locations were without curb and gutter or were unused driveways. (6) In several locations, regulated parking spaces and unrestricted parking spaces are adjacent to or interspersed with each other in the same block. Based upon the above findings, LAN made six recommendations to the City on improving downtown parking. Two of the suggestions concerned parking meter timing and charges and are, therefore, no longer applicable. The remaining recommendations were: (1) Curb and gutter should be installed along abandoned driveways and other locations where vehicles presently park between the edge of pavement and property line. (2) Regulated parking spaces and unrestricted parking spaces should be separated. This can be accomplished by making the spaces along any one block face uniform, either all regulated or all unregulated. (3) At the present time, only regulated parking spaces are marked with lines on the pavement. Unrestricted curb-parking spaces 17 within the CBD should also be marked. Pavement markings and stall dimensions should conform to the standards set out in the Texas Manual on Uniform Traffic Control Devices. (4) Parking stalls should be enlarged to make them easier to get into and out of. Parallel stalls can be made longer and angle stalls made wider. The actual size will depend on the available space in each block. Although this may result in the loss of a few parking spaces, the adequate supply of parking spaces in the CBD area will easily absorb this minor loss. In addition to LAN's recommendations, the following suggestions are also offered for improving the availability and convenience of parking in the CBD: (1) adequate parking within a reasonable walking distance (approximately 200 feet) for customers, clients and employees should be provided; (2) employees should be assigned the most distant parking spaces to insure maximum customer convenience; (3) provide direct visibility between parking spaces and parker destinations; (4) provide directional signs to indicate.to the motorist where parking is available; 18 (5) improve and reorganize parking areas to the rear of buildings for greater efficiency and utilization; (6) insure the comfort and safety of persons utilizing parking areas by providing landscaped, lighted pedestrian accessways. To determine the amount of existing parking available to the public in the CBD, an inventory of both public and private parking facilities was conducted in January 1984. The first count found that 2,905 spaces exist, 506 of which are on-street or in the public parking lots provided by the City. The specific data related to each block is shown in TABLE 7-3: CBD PARKING INVENTORY. The location of the blocks are shown in MAP 7-4: CBD PARKING INVENTORY. It is in the downtown area, referred to,as "The Square" that parking problems are most acute. According to the CBD Parking Inventory, the following parking exists in the eight blocks that constitute the Square: on-street parking (public) - 271 off-street parking (public) - 26 off-street parking (private) - 644 While on-street parking comprises only 29 percent of the parking available around The Square, it is significant in that it is by and large the only customer parking. Most of the remaining 670 spaces are used primarily by downtown employees. It can easily be foreseen that as traffic continues to grow on Sam Houston Avenue that either a 19 center turn lane will be needed or an additional traffic lane. The only space available to provide for such expansion is the space devoted to on-street parking. Ultimately, on-street parking on Sam Houston Avenue will have to be prohibited. The same is true, although to a lesser extent, of 11th Street between Sam Houston Avenue and Avenue J. If or when parking is prohibited on these two streets, 48 parking spaces will be lost on Sam Houston Avenue and 22 on 11th Street. In order to provide for the continued growth and development of downtown, it is apparent that, at a minimum, 70 additional off- street parking spaces must be provided in the future. A long range parking program, based upon providing both long-term and short-term parking, should be developed by the City in cooperation with the downtown property owners and merchants. Such a program would differentiate between the location of long-term satellite parking areas and short-term convenience parking. Satellite parking areas should be located around the periphery of the developed area but within convenient walking distance while the short-term convenience parking should be located adjacent to the intended service areas. Long-term satellite parking should be designated for use by downtown employees or persons visiting downtown for the day. The lots should be restricted on a contract.•br lease basis, privately owned or leased by businesses, or publicly owned and operated for"the general public. Short-term parking will most likely combine off and on-street parking. The location and amount of convenient short-term parking spaces should 20 be correlated with shopping, customer service, banking, offices and other customer and client related establishments. Provision of such short-term parking should be considered an important element in the redevelopment process of downtown. Advocacy by the City for long-term solutions to the downtown parking problems will prove invaluable. Adherence to the off-street parking requirements of the building code is mandatory. Instead of reductions in parking requirements for new construction or major remodeling efforts downtown, alternative methods of providing parking spaces should be offered such as participation in multiple owner parking lots and garages, municipal/private co- financing of parking lots and payment-in-lieu of parking to the City to create a fund for providing additional public parking. Further measures to provide off-street parking should also be encouraged. The under used interior portions of blocks could be adapted to parking, especially employee parking. Additionally, property owners who own several adjacent lots or lots throughout downtown could take a more area-wide approach to providing parking. Adjacent lots could be combined with parking spread among the total area. Lots separated from each other but within convenient walking distance (no more than 500 feet) could share parking facilities. And finally, the City should encourage the adaptation of C,111 vacant, undeveloped downtown lots into off-street parking areas. 21 TABLE 7-3 PUBLIC PARKING PRIVATE PARKING OVERALL LOCATION ON-STREET OFF-STREET TOTAL GENERAL USE ASSIGNED TOTAL TOTAL COURTHOUSE SQ. 19 19 15 4 19 38 BLOCK 1 26 26 46 15 61 87 BLOCK 2 16 16 105 105 121 BLOCK 3 32 11 43 57 21 78 121 BLOCK 4 26 26 29 49 78 104 BLOCK 5 49 49 45 13 58 107 BLOCK 6 45 45 13 113 126 171 BLOCK 7 34 34 26 27 53 87 BLOCK 8 24 24 46 35 81 105 BLOCK 914 14 15 10 25 39 BLOCK 3021 21 21 BLOCK 11 39 39 39 BLOCK 12 20 33 53 53 BLOCK 13 15 15 128 128 143 BLOCK 14 30 10 120 120 130 BLOCK 15 30 30 30 BLOCK 16 49 490 49 BLOCK 17 22 22 115 115 137 BLOCK18 47 47 47 BLOCK 19 8 8 49 4S 57 BLOCK 20 8 8 202 57 259 267 BLOCK 21 0 0 BLOCK 22 15 15 125 125 140 BLOCK 23 - 73 73 73 BLOCK 24 72 72 72 BLOCK 29 25 25 40 40 65 BLOCK 30 21 21 30 30 51 BLOCK 31 6 6 22 15 37 43 BLOCK 32 21 27 25 25 52 BLOCK 33 40 40 40 BLOCK 35 17 20 37 37 BLOCK 36 40 40 40 BLOCK 44 95 95 95 BLOCK 45 26 26 26 BLOCK 45 43 43 43 BLOCK 47 0 0 BLOCK 48 4 4 165 165 169 BLOCK 49 0 0 BLOCK 566 6 6 BLOCK 57 0 0 B10CK 58 0 0 TOTAL 495 1 506 792 607 2399 2905 C B D PARKING INVENTORY I T. Ave M 1 _--- � I -_`-i-_ _�_ _vim/-- ---� __.�,:�I_•',.' ;, ._ ,-��5-, 6 -;-4{�-r- I-1'4 `� 4;r;, r� ---2-- -:•1. :I 56 '".:5.7,.. II Sam Houston Avenue -; 9+-- 13 ;IThf If 1--r,' I "� 7 56 Universit Avenue (� _ - ((D i (D I N + + ve J ID + { F14- (nz 3 .. 35; 23 S ve I I �•- --•- i r4 a CENTRAL BUSINESS DISTRICT PLAN O MAP 7-4: CBD PARKING INVENTORY City of Huntsville, Texas BLOCK NUMBER January 1984 Pedestrian Circulation A pedestrian circulation system is presented in Map 7-5. The plan presents a concept for the development of a walking system downtown. The plan is designed to improve the walking experience downtown as well as link existing and proposed commercial areas with the other activity centers in or adjacent to the CBD. The system, while relying heavily on the existing sidewalk system, is proposed to be the thread of continuity for downtown. The plan con- tains such features as the utilization of internal portions of the block for pedestrian activity and providing improved pedestrian circu- lation through construction and reconstruction of sidewalks. Urban Design The overall appearance of the CBD, in regards to its buildings, open areas and beautification, is of great importance to the economic and functional success of the district. Through the arrangement of well designed buildings with open spaces and landscape treatment, the provision of adequate, uncongested circulatory movement of vehicular traffic, and the construction of an ample amount of convenient automo- bile parking facilities,•,the customer appeal and business efficiency of the district can be materially supplemented.. Many of the same planning principles that are employed in the design of modern suburban shopping centers are applicable to any future plans 24 El Sam Houston Avenue II � .' _ J _ _ u cr r, — .wu � ---.-� I S , 11L:. -i r-- + __ i� .. II_.�.,.....I+ ,•_�, �--- + _ -_- -tet w -Nt �..... N �-- N 1 i !(D '-'o ' N m -- ' w CENTRAL BUSINESS DISTRICT PLAN Existing MAP 7-5: PEDESTRIAN CIRCULATION CITY OF HUNTSVILLE, TEXAS Sidewalks SYSTEM NOVEMBER 1983 Future Construction Note: This map represents the major sidewalks in the CBD. It does not Proposed = represent all sidewalks that exist or to be constructed. Signalized for the adaptation and redevelopment of the CBD to meet future commer- cial demands and to preserve this high value district. The basic principles of planning that are embodied in many of the new concepts for central business district redevelopment are: 1. A consolidation of business and professional buildings sur- rounded by extensive automobile off-street parking areas. 2. The proportion of land devoted to automobile parking far exceeds the area covered by commercial buildings. 3. Buildings are usually grouped well within the site and surrounded by automobile parking, the parking ratio often being three to five times more than a unit of retail or office floor space. 4. Traffic ingress and egress, interior movement and circulation are given very careful consideration. 5. The arrangement of parking facilities is such that short walking distances are maintained between the parking areas and commercial buildings, usually a maximum of 300 feet. 6. Buildings are conveniently arranged with architectural control and design and pleasing appearance, accessible by pedestrian walkways which separates pedestrian and vehicular traffic move- ment. Attractive landscape plots are developed in the open spaces, along sides of streets, to provide a restful and pleasant atmosphere where people can shop andaconduct business. 26 For Huntsville's CBD to function adequately and be maintained as the center of attraction for commercial trade and general business in future years, some of these planning concepts must eventually be introduced in a practical and reasonable redevelopment program. It is not practical, nor would it be economically feasible, to completely redevelop this area to conform to all the concepts of planning now employed in the design of shopping centers. An attempt, however, has been made to incorporate those design principles that are applicable to Huntsville. This was done with the intent of preserving those characteristics and attributes of the present business area and utilizing as much of the present framework and facilities as would be appropriate in a more functional arrangement. A more functional arrangement of the CBD will incorporate the following general features: 1. Maximum utilization of present streets within the area for better circulation and relief of traffic congestion. 2. Consolidation of off-street parking into larger, more advantag- eous facilities for ease of access to traffic facilities and within reasonable walking distance of retail and business destinations. `A 3. Recognition of the primary function of principal streets as traffic-carrying arteries, with street parking as a secondary function. 27 4. Recognition of short-term parking and provision of adequate facilities for each in proper places. 5. Overall effective traffic circulation within the CBD with provisions for local business traffic, and a better means of ingress and egress via connections with radial arteries in the proposed transportation system. 6. Separation of vehicular and pedestrian traffic, where possible, to provide for more efficient, safe and pleasant circulation of both types of movement. 7. A generally appealing environment, with pedestrian areas as free as possible from traffic hazards, retention of present open areas and general beautification_with landscape treatment. 8. Consolidation of land uses and building areas in as large blocks as possible. 9. Development of overall arrangement which is feasible, economical and capable of achievement in stages, utilizing present facilities and general patterns of land usage, open space and streets. Of particular importance is to maintain the "Marketable Mix". That is, development should build on, amplify and expand upon the existing land uses, services and facilities already available in the downtown. 28 The mix should consist of government, financial institutions, entertainment, housing, offices and retail sales activities. Such a mix offers the greatest likelihood of successful redevelopment. Of vital importance to the success of this plan is the City's concept of its role in the evolution of downtown. Does the City see itself, along with the merchants and property owners as having an economic stake in the development of downtown? Or, does it see itself in a passive role as simply a guide to the developer through the governmental processes? In order for this plan to be successful, the City must act as the primary agent for change. It alone has control of all the elements necessary for change such as the power of condem- nation, the ability to provide access and road improvements and public parking. City government must provide the leadership to marshall its resources to this plan. 1. Recommmendations to Improve Traffic Flow It is recommended that the following traffic flow improvements be undertaken to increase the traffic flow as well as protect the overall safety of the motorist. 1.10 Sam Houston Avenue 1.11 Acquire the right-of-way to connect Sam Houston Avenue from 7th Street to Thomason Street. This will provide Sam Houston with the most direct possible access to FM 247 and FM 2821 and allow traffic to continue on Sam Houston rather than transferring to either Avenue M or 29 University Avenue. Sam Houston Avenue should be reconstructed from 11th Street to University Avenue according to the C1 (Collector) Street Standards. See MAP 7-3 for general location. 1.12 Reduce the confusion, congestion and potential danger of the intersection of 17th Street and Sam Houston Avenue. The short range solution to this problem is the installation of individual turn movement indicators on all four sides of the intersection and pedestrian signals. The long range solution is to work with SHSU to acquire sufficient additional right-of-way to properly align 17th Street. This should be undertaken in concert with the University's plan for redevelopment of that part of the campus. See Diagram 7-1. 1.13 Prohibit parking on the east side of Sam Houston Avenue south of 13th Street adjacent to Huntsville National Bank (see Diagram 7-1) to provide room for establishment of a left turn lane. Designation of the left turn lane should follow the standard adopted by the Texas Department of Highways and Public Transportation (see Diagram 7-2). On-street parking at this site is unnecessary`,due to the off-street parking available at the bank. Further, this on-street parking often interferes with traffic making right hand turns from Sam Houston Avenue onto 13th Street. 30 1.20 University Avenue 1.21 Create a 3-way center turn lane at the intersection of University Avenue and 13th Street. To accomplish this, parking should be prohibited on University south of 13th Street. For details see Diagram 7-1. 1.22 Redesignate the parking on the west side of University north of its intersection with 13th Street as parallel instead of angle for the area approximately 100 feet north from the intersection. For details see Diagram 7-1. 1.23 Provide designated (striped) parallel parking along University Avenue between 15th Street and 17th Street. Presently no str-fping exists which results in mixed parking often leading to conflicts between traffic moving along the street and a vehicle attempting to back out. 1.30 10th Street Request that the the newspaper boxes be removed from 10th Street where they create conflicts with traffic. They are located adjacent to a no-parking area. 1.40 13th Street 1.41 Prohibit parking along the south side of 13th Street from 100 feet west of Avenue M to Sam Houston Avenue. This will require additional prohibition of parking only from Avenue M West. The sight distance at this intersection 31 SAM HOUSTON AVENUE II II L L lLl x s LEFT HAND TURN LANE HNB 1 WALKER COUNTY 1 I COURTHOUSE 11 a UNIVERSITY AVE HNB T .. PARKING V 41 ALIGN `" i, INTERSECTION UPGRADE Y Y n N cv TRAFFIC L SIGNAL O SAM HOUSTON AVENUE HNB PROHIBIT WALKER CO 1 O_S COURTHOUSE PARKING DIAGRAM 7-1 PROPOSED TRAFFIC FLOW IMPROVEMENTS TO UNIVERSITY AND SAM HOUSTON AVENUES AUGUST, 1984 is extremely short resulting in a dangerous situation. Additionally, parked cars near the intersection force vehicles traveling east towards Avenue M into the opposing lane of traffic. This has caused ques to develop, further aggravating the situation. 1.42 Create a center turn lane from approximately 150 feet west of Sam Houston Avenue to approximately 150 feet east of University Avenue. This will benefit not only those motorists desiring to turn from 13th Street to either University Avenue or Sam Houston Avenue but also those motorists seeking access to adjacent commercial establishments. To accomplish this, prohibition of parking on the both sides of 13th Street between Sam Houston Avenue and University Avenue may be necessary. The bank adjacent to this location, however, has provided ample parking as has the adjacent office building. Observations of the on- street parking has shown a low occupancy rate; often spaces are used by persons with banking business who do not attempt to park in the off-street facilities. For further details see Diagram 7-1. 1.43 If Avenue M remains a two-way street, a signal light should be installed at its intersection with 13th Street. The increasing use of 13th Street for traffic moving 33 o o Diagram 7-2 Typical Lane Control Markings Source: Texas Manual of Uniform Traffic Control Devices between Avenue 0 and Avenue M or Sam Houston Avenue is creating problems with cross traffic. This will allow more cross traffic movement while not adversely affecting traffic flow on Avenue M. As traffic increases on Avenue M, it will be necessary to undertake an analysis of each intersection on the street to determine possible future actions by the City. 1.50 It is recommended that parking be prohibited along the south side of 16th Street from approximately 150 feet west of Avenue M to University Avenue and that curbing be constructed from Sam Houston Avenue westward to reduce head-in on-street parking at the restaurant at that corner (see also Recommendation 3.20). Due to the lack of east-west arteries in the City this street has developed into a major thoroughfare, on-street parking will increasingly become a major traffic problem with the area on 16th Street between Sam Houston Avenue and Avenue M as the center of congestion. The intersection of 16th Street and Avenue M should continue to be monitored and if traffic warrants it, a four way stop established. 2. Recommended Actions to Provide Adequate Parking It is recommended that the City undertake the following actions relating to providing adequate parking in the CBD: 35 2.10 Regulated parking spaces and unrestricted parking spaces should be separated. This can be accomplished by making the spaces along any one block face uniform, either all regulated or all unregulated. 2.20 At the present time, only regulated parking spaces are marked with lines on the pavement. Unrestricted curb-parking spaces within the CBD should also be marked. This would be especially useful in controlling parking along such streets as University Avenue north of 16th Street. 2.30 Encourage the improvement and reorganization of parking areas in the CBD to the rear of buildings, where feasible, for greater efficiency and utilization. 2.40 Provide directional signs to indicate to the motorist where parking in the CBD is available. 2.50 Insure the comfort and safety of persons utilizing parking areas by providing landscaped, lighted pedestrian accessways. This may also encourage more night time activities in the CBD. 2.60 Adherence to the off-street parking requirements of the building code should be mandatory. Instead of red:lctions in parking requirements for new construction or major :remodeling efforts downtown, alternative methods of providing parking spaces should be offered such as participation in multiple owner parking lots and garages, municipal/private co-financing 36 of parking lots and payment-in-lieu of parking to the City to create a fund for providing additional public parking. 2.70 County employees should be encouraged to utilize County- provided off-street parking. 3. Recommendations Concerning Driveways and Curb Lines 3.10 At the time of reconstruction of a street, existing driveways should be reviewed individually and, wherever feasible, reconstructed to the City's current size and placement criteria as contained in the Building Code. 3.20 Curb and gutter should be installed along abandoned driveways and other breaks in the curb line which confuse motorists and lend themselves to hazardous parking situations. An example is the north side of 16th Street at Sam Houston Avenue. 4. General Recommendations 4.10 It is recommended that the pedestrian circulation system be improved and expanded according to MAP 7-5 PEDESTRIAN CIRCULATION SYSTEM. It must be recognized that a customer must first become a pedestrian and that it is impossible to create sufficient parking in front of every business for maximum convenience of the shopper. Longer walking distances for the pedestrian shopper are inevitable. Therefore, it is recommended that the City, through its Capital Improvements 37 Program, institute a long term program of construction, reconstruction and rehabilitation of the sidewalk and crosswalk system in the CBD. 4.20 It is recommended that the City, through its Building Code, require construction of sidewalks at the time of development of a lot if such facilities are shown on the adopted Pedestrian Circulation System Map. The City should participate in this endeavor through development and adoption of a sidewalk extension participation policy. Existing Commercial establishments should be encouraged to participate also in the provision of sidewalks. 4.30 It is recommended that the City initiate a program to place directional signs in the CBD, especially where advance notice of no left turns is necessary. Signs should direct motorists to the major traffic generators such as the Courthouse, SHSU, and Sam Houston Park, as well as to public parking areas. Signage should also be used to divert through vehicles around the downtown area and, where turning movements are restricted, to alternate streets. 4.40 It is recommended that the landscaping plan for the Downtown Square proposed in "The City of Huntsville Downtown Study" should be extended throughout the CBD. 38 5. Recommended for Further Study 5.10 It is recommended that a task force composed of representatives of the City, Gulf States Utilities, Huntsville Telecable and Southwestern Bell Telephone be created to develop a plan for the eventual removal of all overhead utility lines from Sam Houston Avenue, 11th Street and around the Court House Square. Alternatives to the present system include underground installation and service from the rear of the lots. These two streets serve as the major "doors" to the City and should present a pleasing vista to visitors as well as residents. 5.20 It is recommended that the City undertake a study to determine the feasibility of signalized "no left turns" during rush hour traffic at the intersection of 11th Street and University Avenue. 5.30 It is recommended that a joint City, County and Postal Service Committee be appointed to develop a plan for alleviating the traffic congestion around the Post Office. This is the most critical traffic problem in the CBD. 5.40 It is recommended that a task force be established to develop a plan for reducing the impact of on-street loading and unloading of delivery trucks in the CBD. This task force should consist of City personnel, concerned business persons in the CBD and representatives of the trucking companies. 39 SIJ . Avenue M ALIGN INTERSECTION_;_ 7- --- -- _ I- --;1 .I I I ••; I III I I ;ti 1! ) � Sam Houston Avenu 0 .LEFT TURN LANE�I I —F University Avenue s l l 1 I I — 1. 'a lllr� ':rJ� t I I F7 1_L.J�_._ L •-• `"r - --- 3 W Y "�TU nN E venue I ' 7; 1 Z .;I; •-+ 50MINLJ E PARKING LOADING i ,., j'j i `•, --- i i._ ,s PROPOSED PROHIBITED PARKING Map 7-6: SUMMARY OF RECOMMENDED PROPOSED PARALLEL PARKING TRAFFIC CONTROL MEASURES CENTRAL BUSINESS DISTRICT PLAN PROPOSED CON-TROLLED INTERSEC- TION CITY OF HUNTSVILLE, TEXAS UPGRADE EXISTING CONTROLLED Q INTERSECTION RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 84-18 HISD Curfew-Limit Late Night Activities 10-16-84 RESOLUTION NO. 84-18 WHEREAS The Huntsville Independent School District and all school districts within the State of Texas have been placed under an educational reform bill through legislative and State Board of Education action; and WHEREAS The Huntsville Independent School, its Board of Trustees, administra- tors, teachers, students, and parents are held accountable for student progress in the academic subjects; and WHEREAS The emphasis in the Huntsville Independent School District and the State of Texas has been placed on academic achievement of all students in the basic subjects; and WHEREAS To achieve this goal the Huntsville Board of Trustees has enacted a number of policies that limit, curtail, and eliminate activities that were heretofore conducted during school time, thus giving more time to the instructional day; and WHEREAS Part of that restructuring activity took place this summer in the District IX UIL Executive Committee by limiting, consolidating, and amending the after school time schedules of a number of varsity and subvarsity athletic events so that students could return home at an early hour; and WHEREAS School activities in elementary school through high school have been scheduled to conclude no later than 10:00 P.M. on school nights so that students may return home for a good night's rest prior to their classes the following day; and WHEREAS These improvements have been made in the HISD and Texas because effective school research has proven that time on task and teacher expectations will raise the academic level of students; NOW, THEREFORE, BE IT HEREBY RESOLVED, by the power vested in me as Mayor of the City of Huntsville, Texas, in conjunction with the Board of Trustees of the Huntsville Independent School District, that activities involv- ing school-age youngsters will be concluded at 10:00 P.M. on school nights so that students understand the importance of academic achieve- ment as it relates to the success of the individual, community, state, and nation; and IT IS FURTHER RESOLVED, by both governing bodies of the school -district and the City of Huntsville, that they strongly encourage community support of this effort to elevate the Huntsville Independent School District and its students to the highest possible academic standards, and that this community and school district serve as an example of leadership, cooperation, and purpose for others to follow within the State of Texas. PASSED AND SIGNED on this the 16th day of October, A. D., 1984. THE CITY OF HUNTSVILLE, TEXAS William V. Nash, Mayor on beha f of the entire City Council ATTEST: �r uth De haw, City retary Y RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-1 Appointment of Zoning Committee 01-15-85 RESOLUTION NO. 85-1 HE CITY COUNCIL OF THE CITY OF HUNTSVILLEO TEXASN OF ,APPOINTING A COMMISSION TO STUDY ZONING; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS City Council desires to consider and receive public comments regarding certain land use regulations; and WHEREAS State law, Tex.Rev.Civ.Stat. art. 1011a et seg., prescribes the method for Texas cities to consider and receive such public comment on certain land use regulations; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that: Section 1: There is hereby appointed, pursuant Tex.Rev.Civ.Stat. art. 1011f, a commission to study zoning. Section 2: The Commission shall consist of at least twelve (12) and no more than eighteen (18) appointed members. The members of said commission shall be residents of the City and shall serve one year terms without compensation. The members of said Commission and its Chairman shall be appointed by the Mayor with approval of Council. Any member who is absent for three (3) consecutive meetings of the Commission without valid excuse, as determined by the Commission, shall automatically be dismissed from membership. Vacancies occurring in the Commission, for whatever reason, shall be filled within thirty (30) days by appointment of the Mayor,''and approval of Council, for the remainder of the unexpired term. Section 3: The City Secretary is hereby designated as the Commission's ex- officio secretary and shall serve the Commission in a coordinator capacity, but shall have no voting rights. She shall attend the meetings of the Commission. Section 4: The Commission shall establish its own rules and procedures which shall include the following: A quorum shall consist of the majority of the voting members of the Commission and an affirmative vote of two-thirds of those present shall be necessary to pass upon pending questions, the Chairman being entitled to vote upon questions. t4.etings shall be held at least once a month, with notic , post'il acr_;�rdanr_e Nith the Texas Open t•1eetings Act. All ;neet�nq�; steal i be oo,,n t.n the public. Minutes of all proceedings shall be rcpt, dhic'h records shall b• regularly filed Nith City Council. Section 5: Powers and duties. The Commission shall be and is hereby vested with the following powers and duties: (1) The Commission shall review existing ordinances, plans and programs of the City affecting development, including the City's present building regulations, subdivision control regulations, and comprehensive plan. (2) The Commission shall review the purposes of the City's regulations affecting development, and purposes that might be served by zoning- type regulations. (3) The Commission shall review the types of regulatory systems available to municipalities to accomplish public purposes. (4) The Commission shall consider and recommend whether the Council should divide the City into districts for the purpose of adopting regulations to promote the health and general welfare of citizens. (5) If the Commission determines to recommend that Council divide the City into Districts, the Commission shall recommend to City Council (a) the types of regulatory districts; (b) the number of regulatory districts; (c) the boundary lines of such proposed regulatory districts; and (d) the regulations to be imposed in such regulatory districts upon the construction, reconstruction, alteration, repair and use of buildings, structures and land; (e) the administrative framework in which the City should enforce such regulations, if any, including the permanent constituency of the Commission. (6) The Commission appointed herein shall be the zoning commission of the City with the rights, power, duties and responsibilities set forth in the Zoning Enabling Act of 1927, Tex.Rev.Civ.Stat. art. 1011a et sere ., until otherwise provided by Council. (7) The Commission shall conduct such public hearings as necessary or desirable to accomplish said duties. (8) The Commission shall be responsible to and act as an advisory body to the City Council and perform such additional duties and exercise such powers not inconsistent with the Ordinances or Charter of the City. ., • 0 Section 7: This resolution shall take effect immediately from and after its adoption by theeiity Council. PASSED ON this the �' day ofV1985. 7ECLITY OF HUNTSVILLE, TEXAS By William V. as , Mayor EST: haw, City ecr t ry APPROVED AS TO FORM: 1/A.�S�✓S/ism-s^ Sco�ounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-3 Personnel Policy Revisions 01-29-85 RESOLUTION NO. 85-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL POLICIES OF THE CITY OF HUNTSVILLE; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the adoption of a new City Organizational Chart, attached hereto as Exhibit A, to be known as Chart 1.1 of the Personnel Policies. Section 2. Chapter 2, Sections 7 and 8, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended in part to read as follows: Section 7 Nondisciplinary Demotions With the approval of the City Manager and if qualified to perform duties of the lower level position, an employee may be administra- tively demoted at his or her own request, as an alternative to layoff, or as a part of a City Council approved reorganization. Such demotions . . . Section 8. Applications All information submitted in connection with applying for City positions is subject to verification. The City shall require such releases as necessary to investigate an applicant's medical, workers compensation, educational, employment, criminal and driving histories. Section 3. Chapter 4, Sections 2 and 3, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended in part to read as follows: Section 2. Purpose (See also disciplinary probations, Chapter 10.) Section 3. Failure of Probation A new employee who fails probation may be separated from City employment. The new employee, if terminated during this period, will have accrued no benefits nor be eligible for any termination compensation. If desirable and feasible, the employee may be administratively transferred to a more suitable position. A newly- promoted employee who fails probation may be returned to his or her former type of job, if available, and may be eligible for considera- tion for later advancement. Section 4. Chapter 5, Section 1, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended in part to read as follows: Section 1. Performance Evaluation Report The work performance of each regular employee shall be evaluated in accordance with procedures developed by the City Manager. An employee shall be evaluated at each merit date or on their anniversary date after reaching top of scale. Special evaluations may be made if authorized by the department head and/or the City Manager. Probationary employees shall be evaluated prior to the completion at the midpoint of their probation. Section 5. Chapter 6, Sections 2 and 5, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended in part to read as follows: Section 2. Effect of Reclassification An employee in a position that is reclassified from one salary range to another shall be entitled to continue to serve in the position with unimpaired status if the duties and responsibilities of the position are not significantly changed or if the employee substantially meets the qualifications prescribed for the new class. Section 5. Review of Salary Ranges Section 6. Chapter 7, Section 2.c., of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended in part to read as follows: Section 2. Administration of Range/Step Salary Schedules C. Merit increases within ranges may be granted as specified in the compensation plan upon recommendation of department heads and approval by the City Manager. Careful consideration to the ability and production record of each employee shall be given before such step increases are granted. An employee in probationary status shall NOT be eligible for merit increases. Section 7. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the repeal of Chart 7.3 Exempt Employees, as presently constituted, and by the adoption of a new Chart 7.3 that shall read as follows: Chart 7.3 Exempt Employees Salaried Employees Superintendent I Superintendent II (except Fire Department) Programmer II Supervisor V Inspector III Librarian Project Coordinator Tax Assessor/Collector Police Captain Planner II Open-Salaried Employees City Attorney City Secretary Municipal Court Judge City Manager Director of Planning Director of Internal Services Director of Public Works Director of Community Development Director of Public Safety Director of Finance Director of Public Utilities Director of Engineering Design Section 8. Chapter 7, Sections 4 and 5, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended in part to read as follows: Section 4. Compensatory Time d. Limitation on Compensatory Time If any employee requests and accrues compensatory time, the employee cannot under any circumstances later receive pay for that accrued time. An employee must use all compensatory time within the calendar year that it is accrued. An employee forfeits all accrued compensatory time not used before January 1. Section 5. Insurance and Retirement Eligible employees who work more than thirty (30) hours a week in budgeted permanent positions shall receive insurance and retirement benefits as prescribed in the applicable programs. Part time employees shall not participate in such programs. Section 9. Chapter 8, Section 1, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended by the addition of Subsection h. which shall read as follows: h. No employee may accrue more than four (4) days of holiday leave except for extenuating circumstances approved in writing by the City Manager. Section 10. Chapter 8, Section 6, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended in part to read as follows: Section 6. Administrative Absence With Pa The City will make every attempt to offer the employee every opportunity to broaden his skills and develop his professional ability through schools, seminars and training sessions, dependent on the City's ability to pay and/or a work schedule as approved by his supervisor. Section 11. Chapter 9, Section 1, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended to read as follows: Section 1. Attendance Employees shall be at their places of work in accordance with City and departmental policies and regulations. Department heads shall establish work schedules and maintain daily employee attendance records. Full-time City employees work forty hours per week unless otherwise directed by the City Manager. Section 12. Chapter 9, Section 3, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, is hereby amended by the deletion of Subsection c. Section 13. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the repeal of Chapter 9, Section 8, as presently constituted, and by the addition of a new Section 8, that shall read as follows: Section 8 Driving and Operating City Vehicles a. Before employing a person as a driver of a motor vehicle used to transport persons, or before permitting any employee to drive any city vehicle, City personnel department shall request from the Texas Department of Public Safety a list of convictions of traffic violations contained in their files on the person and a verification that the person has a valid license. Tex.Rev.Civ.Stat. art. 6687b. b. If a job assignment requires an employee to operate or drive a city vehicle, the employee shall possess a drivers license. Any employee who loses a valid drivers license shall report such loss to their supervisor immediately. C. With approval of the City Manager, employees on call may drive City vehicles home. Except as expressly permitted, City vehicles shall not be used for personal business. d. An employee that has an accident while operating a City vehicle shall immediately notify both the Police Department and their supervisor. the of the y of Section 14. Chapter 9 Huntsville, Texas: ascpresention tly fconstituted,1eisPhereby samended totread as follows: Section 10 Incident Reports. An employee shall within one (1) working day report to his supervisor any incident that involves either any personal injury, or any damage or loss to City property or the property of others. His supervisor shall reduce such report to writing within one (1) day if such incident involves personal injury or damages or loss to any property in excess of $50.00. . . . Section 15. The Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended by the addition of a new Chapter 9, Section 12, that shall read as follows: Section 12. Sexual harassment Sexual harassment, including sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature, of any employee by another City employee is prohibited if such conduct interferes with an individual's work performance or creates an intimidating, hostile or offensive working environment. Any employee wi who experiences or observes any such harassment should notify their supervisor or the Personnel Division. Section 16. Chapter 10, Sections 1, 2 and 8, of the Personnel Policies of the City of Huntsville, Texas, as presently constituted, are hereby amended in part to read as follows: Section 1. Grounds for Disciplinary Action Nothing herein shall, however, limit the authority of City Council to remove officers appointed by Council. Section 2. Types of Disciplinary Action Formal disciplinary action shall include written reprimand, disciplinary probation, suspension, reduction in pay, demotion and dismissal. . . . Section 8 Appeal of Disciplinary Action to City Manager a. Formal disciplinary action taken under this Chapter may be appealed in writing directly to the City Manager within five working days following notice of the action. b. The action may be stayed pending decision on the appeal or may take effect at any time after issuance of the notice as determined by the City Manager. If an employee against whom disciplinary action is taken alleges that the reasons given for such action are false, then such action shall be stayed pending appeal. C. Upon request, an employee against whom disciplinary action is taken shall be entitled to present a written response to said action and to appear personally before the City Manager, with or without counsel. All parties The City Manager shall render a final written decision within ten (10) days. Section 17. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the repeal of Chapter 10, Section 9, as presently constituted, and by the addition of a new Chapter 10, Section 9, which shall read as follows: Section 9 Appeal of Certain Disciplinary Action to City Council 1. An employee who, after appeal to the City Manager, is terminated or is suspended without pay for five (5) working days or more, may file a written petition with the City Secretary requesting a hearing on such personnel action within fifteen (15) days after the City Manager's decision. 2. The petition shall contain the employee's signature, his home address and a statement indicating whether he wants a public or private hearing. 3. If timely filed, the Council shall hold a hearing not less than six (6) days or more than twenty (20) days from such petition. 4. Notice of the hearing date shall be given to the employee either by personal service or by certified mail, return receipt requested, through the City Secretary at least five (5) days prior to hearing date. 5. All hearings shall be held at the City Hall of the City of Huntsville. 6. City Council shall render a written decision within ten (10) days of the close of the hearing. (Cross-reference City of Huntsville Charter Section 4.13; Ordinance No. 80-5, Codifying City of Huntsville Code of Ordinances Section 2-2 et seq.) Section 18. Chapter 11, Section 2 of the Personnel Rules of the City of Huntsville, Texas, is hereby amended to read: Section 2. Layoffs/Reorganizations An employee may be laid off, transferred to another position, or demoted because of changes in duties or organization or for lack of work or funds. Whenever possible, an employee shall be transferred to a suitable position elsewhere. Whenever possible, at least two weeks' notice shall be given an employee prior to layoff or demotion. Layoffs or reorganizations shall be carried out on the basis of demonstrated job performance and efficiency, with the most proficient employees being retained the longest. Seniority within City service shall be used to determine the order of layoff or reorganization among employees with substantially equivalent records of job performance and efficiency, with the most senior employees being retained the longest. Temporary employees shall be laid off before regular employees performing similar duties. Layoffs, transfers or demotions resulting from reorganizations shall not be considered disciplinary actions. Section 19. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the deletion of Chapter 12, Section 4, as presently constituted. Section 20. The Personnel Policies of the City of Huntsville, Texas, are hereby amended by the deletion of the second paragraph of Section 2, Chapter 13, as presently constituted; and by the deletion of Section 4, Chapter 13, as presently constituted; and by changing Section 5 to read "Section 4", Chapter 13. Section 21. This resolution shall take effect immediately upon its passage by City Council. PASSED AND APPROVED this the day of 1985. THE CITY OF HUNTSVILLE William V. Nash, Mayor ATT uth DeShaw, City Secretary APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-4 Housing Plan of Comprehensive Plan Adopted 01-29-85 RESOLUTION NO. 85-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A HOUSING PLAN AS AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF HUNTSVILLE. WHEREAS, the City Council recognizes its responsibility for establishing a Housing Plan; and WHEREAS, the City Council desires to improve and maintain the quality of its Housing; and WHEREAS, in order to insure objectivity, consistency, and equality in meeting the needs of the community, it is necessary to document and justify such policy in accordance with predetermined and agreed upon goals and objectives; and WHEREAS, the City Planning Commission of the City of HuntsviI le has studied, debated and recommended the adoption of such Housing Plan; and WHEREAS, the City Council has reviewed the Housing Plan as an element of the Comprehensive Plan: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: THAT the Housing Plan attached hereto as Exhibit "A" and made a part hereof exclusive of housing improvement strategies and recommendations (pp 39-43) for all purposes is adopted as a component of the Comprehensive Plan of the City of Huntsville; and THAT such Housing Plan shall at all times be kept current with regard to the needs of the City of Huntsville and reflective of the official views of the City Council and shall be reviewed annually by the City Planning Commission; and PASSED AND APPROVED this the c day of .—, 19 THE CITY OF HUNTSVILLE By: Willia�Nash, MayorT— ATT . eShaw, City ecre ry APPROVED AS TO FORM- S4W 2 Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-5 Widen IH 30 West 0.4 Mile 02-05-85 CITY OF HUNTSVILLE r RESOLUTION NO. 85-5 FEBRUARY 5, 1985 RESOLUTION ACCEPTING THE PROVISIONS OF STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER THE STATE OF TEXAS X Huntsville , Texas CITY OF HUNTSVILLE X February 5. 1985 19 MOTIONwas made by Councilmember Jerry Dowling and seconded by Councilmember Rill Hodges that the Huntcvillafity Crninril accept the provisions contained in Minute Order No. 82698 passed by the State Highway and Public Transportation Commission on .lan_ 28 ransp19 85, for the improvement by the State Department of Highways and Public Trans- portation ortation on the roads described below: SH 30 in Huntsville from IH 45, West VOTE on the motion was as follows: ALL IN FAVOR, AS FOLLOWS: Councilmember Jane Monday Councilmember Percy Howard, Jr. Councilmember Gene Barrett rM,ilmcmhar Steve Davis Councilmember Jerry Dowling Councilmember Bob Tavenner Councilmember Bill Hodges Councilmember Bill Green WHEREUPON the motion was declared carried. Mayor William V. Nash. THE STATE OF TEXAS X CITY OF Huntsville I hereby certify that the foregoing is a true and correct copy of order passed by the H,,ntcvillg City Council on the 5th day of February 1985 . City ecretary Ruth DeShaw, C.M.C., RPMC February 5, 1985 OF �� City of Huntsvi e "TO BUILD AND SERVE ABETTER COMMUNITY" HUNTSVILLE,TEXAS 77340 1212 AVE M.-X-A%)®QMRX (713)295-6471 February 6, 1985 Mr. Carol D. Zeigler District Engineer District Seventeen State Department of Highways and Public Transportation P. 0. Box 3249 Bryan, Texas 77805 Re: Project MA F1012(5) Highway SH 30 County Walker Limits: In Huntsville From IH 45, West Dear Mr. Zeigler: The Huntsville City Council took formal action in their City Council Meeting of last evening to approve the attached resolution accepting the provisions of State Highway and Public Transportation Commission Minute Order No. 82698 for the improvement by the S.D.H.P.T. of the widening of the travel lanes, two-way left turn lane, and construction of curb and gutter on State Highway 30 in Huntsville from IH-45, west, a distance of approximately 0.4 mile. Should you have any questions regarding this matter, please feel free to visit with our City Manager, Gene Pipes at 409-291-5401. Thank you for your consideration of this project. cerely, 6 Ruth De Shaw, C.M.C., RPMC. City Secretary RD:rd Attachments cc: Gene Pipes, City Manager do.m»o-a R-8-80STATE DEPARTMENT OF HIGHWAYS i f AND PUBLIC TRANSPORTATION WALKER onntr MINUTE ORDER P... n` n:,triet No. 17 I I Upon acceptance of the provisions of this Order by the appropriate officials of the City of Huntsville, the Engineer-Director is directed to proceed with development of plans for construction and after the City has fulfilled its responsibilities, proceed with construction in the most feasible and economical manner, financing the cost with i funds previously authorized in the Supplemental Project List to the 14 Month Letting Schedule. It is understood that the City may discharge its construction obligations as outlined herein in any manner as it may elect. In the event the City desires the State to include its portion of work in the State's construction contract, the Engineer-Director is hereby authorized to enter into agreement with the City for such work and its cost as may be agreed upon. This Order shall become operative upon acceptance by the City of Huntsville and if not accepted within 90 days of the date hereof, the action herein contained shall be automatically cancelled. Submitted by: Examined and recommended by: �.^Title) Program Engineer Approved Deputykleaictent-6 +neerD'vec[or g'^t, q�. Rov 9 9 r`ev� � ' �J eneb,«FDtreetor Approved: 84698 Commissioner Minute Number o Commissioner DatePasud JAN ;2.8 85 Commissioner N n<,'This form is to be submitted in umntuDtic,te. i M J30-A •; Re•.2-16. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION j MINUTE ORDER ` page— 1 0[ 2 Pages WALKER --County '- 6. 1)1"ct No.__-----IZ----- WHEREAS, in WALKER COUNTY on STATE HIGHWAY 30, from Interstate Highway 45, West a distance of approzlmate� 0.4 mi e, the Department is preparing plans for construc- tion; and WHEREAS, the City of Huntsville will have certain responsibilities in this project; NOW, THEREFORE, the Engineer-Director is directed to tender the following proposal to the City of Huntsville: Provided the City will: 1. Provide for the construction of continuous curb and gutter where none now exist, storm sewers, etc., all as may be necessary for a complete pro- ject with the exception of pavement and its support. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreements, and agree to regulate traffic and pre- vent encroachment on the right of way, all in accordance with governing policies and regulations of the Department. The State Department of Highways and Public Transportation will: 1. Provide for construction at an estimated cost of $277,002. 2. Maintain that portion of the work which is its responsibility in accordance with present maintenance agreement. COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER-DIRECTOR ROBERT C.LANIER,CHAIRMAN AND PUBLIC TRANSPORTATION MARK G.GOODE ROBERT H.DEDMAN P. 0. Box 3249 JOHN R.BUTLER,JR. Bryan, Texas 77805 February 1, 1985 IN REPLY REFER TO FILE NO. Project MA F1012(5) Highway SH 30 County Walker Limits: In Huntsville From IH 45, West Honorable William V. Nash Mayor, City of Huntsville P. 0. Box 839 Huntsville, Texas 77340 Dear Mayor Nash: We look forward to the widening of the travel lanes, the two-way left turn lane, and the construction of curb and gutter on this section of SH 30. This busy street will then be safer for the drivers using it and the roadside appearance will be more pleasing. In order for us to proceed with plans and specifications, the City must for- mally accept the provisions of the attached State Highway and Public Transportation Commission Minute Order. Your approval indicates that you agree to provide for the construction of curb and gutter and storm sewer, and that you will continue maintenance, traffic regulation and encroachment pre- vention in accordance with our existing municipal maintenance agreement. Anticipating that you wish us to include the curb and gutter and storm sewer work in our contract, we are in the process of designing this portion of the work. You will be requested to place your share of the construction cost in escrow approximately 45 days prior to our receiving bids. Our present sche- dule calls for bids in September, 1985. Co IBJ��I986 ��•�I // SEB4UI�EtlSEX� VV Mayor Nash -2- February 1, 1985 Please submit the attached resolution to your Council and return two copies to this office after signing. Yours very truly, Carol D. Zeigler District Engineer District Seventeen /1y J,?h A. Blasienz District Construction Engin er JAB:me Attachments cc: Mr. Jerry Nemec RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: c �.lkd iC�viry w ►I I ams— �Ceeagn cep c�f� e r RESOLUTION NO. 85-6 - (A) WHEREAS in the early morning hours of March 9, 1985, Huntsville Police Officer KEVIN JOLYON WILLIAMS was dispatched to a disturbance call at an apartment complex on Josey Street in the City; and WHEREAS in the course of his response to the call to duty Officer Williams was fired on twice by an assailant involved in the disturbance to which he was dispatched; and WHEREAS Officer Williams was struck by both rounds fired at him, mortally wounding him while he was attempting to preserve the peace as was his calling in life; and WHEREAS another officer, Jay Hubert, employed by a private security firm was also wounded by the assailant while assisting Officer Williams in the performance of his duty; and WHEREAS Police Lt. Michael Horner responded to the scene at the time of the shooting and administered aid to the fallen officer which maintained his life until Officer Williams could be transported for medical care; and WHEREAS the assailant was apprehended by Officer David Lee Hall and Officer Jay Hubert, although wounded himself, near the scene of the incident; and WHEREAS following heroic medical efforts by the Emergency Medical Service and the Staff of Huntsville Memorial Hospital and Hermann Hospital in Houston to save the life of Officer Williams, he died at 1:50 a.m. Sunday, March 10, 1985; and WHEREAS the conduct of all of the peace officers who responded to the incident, especially Lt. Michael Horner of H.P.D. and Officers Hubert and Hall of Resources Unlimited Private Security, were exemplary and deserving of high commendation; and WHEREAS Officer Kevin Williams was the only police officer in the history of the City of Huntsville to give his life in the line of duty, LET IT THEREFORE BE RESOLVED by the City Council of the City of Huntsville that the memory of OFFICER KEVIN JOLYON WILLIAMS be ever honored for his heroic sacrifice in the cause of the preservation of peace and that his Family, friends and fellow officers be honored for their shared sacrifice in the loss of this loved one in behalf of the Citizens of this City, this State, and our Country. DULY PASSED by unanimous vote of the City Council of the City of Huntsville, Texas, on the 19th day of March, A. D. 1985, in the City of Huntsville, Texas, as attested to by the hand and seal of the City. WILLIAM V. NASH, MAYOR BILL HODGES, JERRY L. DOWLING, Councilmember Councilmember EUGENE BARRETT, JANE MONDAY, Councilmember Councilmember STEPHEN E. DAVIS, PERCY HOWARD, JR., Councilmember Councilmember WILLIAM B. GREEN, BOB TAVENNER, Councilmember Councilmember RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: '�dp ��C�IIfYt, ClaxlvQ.SSe� ��KVIs RESOLUTION NO. 85-6 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 6TH DAY OF APRIL, 1985, FOR THE PURPOSE OF _ ELECTING A MAYOR AT LARGE, AND FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS ONE, TWO, THREE, AND FOUR; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS, pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 9th day of April, 1985, proceeded to canvass the returns of the Regular Municipal Election held in the City on the 6th day of April, 1985, for the purpose of electing a Mayor and four Councilmembers, one from each of the City's four Wards One, Two, Three and Four; and WHEREAS said Election was held under and pursuant to the provisions of Ordinances No. 85-6 and No. 85-12 calling said Election; and WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at the Election were as follows: FOR MAYOR, AT LARGE JANE MONDAY ........................ 1350 WRITE-INS .......................... 75 FOR COUNCILMEMBER, WARD ONE DICK WHARTON .................... 263 CHARLIE TACKETT .................... 212 DAVE FALKNOR ....................... 94 WRITE-INS .......................... 0 FOR COUNCILMEMBER, WARD TWO JERRY DOWLING ...................... 132 JACK KING .......................... 71 FOR COUNCILMEMBER, WARD THREE PERCY HOWARD, JR. .................. 206 DANNY RICE ........................ 35 RANDY ALLEN ........................ 88 WRITE-INS .......................... 1 - FOR COUNCILMEMBER, WARD FOUR STEVE DAWSON ....................... 154 GARY BELL .......................... 356 AND WHEREAS the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest has been filed with said Council or instituted in connection with said Election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. Jane Monday received a majority of the votes cast at said Election .for the office of Mayor, at Large, and accord- ingly, Jane Monday is hereby declared elected to the office of Mayor, at Large, subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. Section 2. No candidate for the office of Councilmember Ward One received a majority of the votes cast for said position; therefore, the necessity of a run-off election between Dick Wharton and Charlie Tackett, the two candidates who received the most votes in said election for the position, exists. Section 3. Jerry Dowling received a majority of the votes cast at said Election for the office of Councilmember Ward Two, and accordingly, Jerry Dowling is hereby declared elected to the office of Councilmember Ward Two, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4. Percy Howard, Jr. received a majority of the votes cast at said Election for the office of Councilmember, Ward Three, and accordingly, Percy Howard, Jr. is hereby declared elected to the office of Councilmember, Ward Three, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 5. Gary Bell received a majority of the votes cast at said Election for the office of Councilmember, Ward Four, and accordingly, Gary Bell is hereby declared elected to the office of Councilmember, Ward Four, subject to the taking of his oath and filing bond as-provided by the laws of the State of Texas. Section 6. City Council finds that the notice of said Election was duly and properly given as required by law and as pro- vided in the Ordinance calling the Election, and that said Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the Election, and in all things according to the law. Section 7. This resolution shall take effect immediately from and after its passage. APPROVED THIS 9TH DAY OF APRIL, 1985. THE CITY OF HUNTSVILLE by William V. Nash, Its Mayor Attest: 6 h p6le aw, ity Sec eta Approved as to form: Scott Bounds, City Attorney *** UN0FF I C IAL *** RESULTS OF THE APRIL 6, 1985 ELECTIONS TOTAL WARD ONE VOTES CAST:576 (J�_%OF TOTAL) POSITION/CANDIDATE Pct. 102 (%) Pct. 201 (%) TOTAL (%) WINNER/RUNOFF FOR MAYOR JANE MONDAY 277 221 _c?5 498 96 MONDAY WRITE-INS 11 4 11 12_ 4 FOR COUNCILMEMBER DICK WHARTON 1.41 45- 122 _4g_ 26 1 46 RUNOFF_ CHARLIE TACKETT 145 4r 67 2fi 2.12 37 RUNOFF DAVE FALKNOR 29 '-9- 65 2L 94 1 WRITE-INS n -a- 0 -9- -0 — TOTAL WARD TWO VOTES OF TOTAL) POSITION/CANDIDATE Pct. 101 (%) Pct. 202 (5) TOTAL (%) WINNER/RUNOFF FOR MAYOR JANE MONDAY 58 $5 103 91 161 89 MONDAY WRITE-INS 10 1-5- 10 - 2n 11 FOR COUNCILMEMBER JERRY DOWLING 63 83— 69 54 132 65 DOWI ING JACK KING 13 1.Z 58 4.6- 71 35 WRITE-INS 0 Q. -D- n- L TOTAL WARD THREE VOTES CAST:34n Qj %OF TOTAL) POSITION/CANDIDATE Pct. 105 (%) Pct. 301 (%) TOTAL (%) WINNER/RUNOFF FOR MAYOR JANE MONDAY 110 -m 181 9 291 99 MONDAY WRITE-INS —2 2 1 1 _ 1 _i- FOR COUNCILMEMBER 62.4 PERCY HOWARD, JR. 81 LZ.5 125 6_Q ?06H(14ARD.— DANNY RICE 9 _-Z.5 26 12 10.6 RANDY ALLEN 29 24. SQ 2$_. 53 26.7 WRITE-INS 1 1 - 0 Q 1 —3 TOTAL WARD FOUR VOTES CAST: �914(3L_%OF TOTAL) POSITION/CANDIDATE Pct. 206 (%) Pct. 401 (%) TOTAL (%) WINNER/RUNOFF FOR MAYOR JANE MONDAY 2n521- 195 92 400' 93 MONDAY WRITE-INS 13_ 6 -17 -a- 10 7 FOR COUNCILMEMBER STEVE DAWSON 35 3n. 119 47 154 30.2 GARY BELL 222 II6 134 53 356 L9.8 RFL I_ WRITE-INS _ n _O 0 0 0 0 TOTAL VOTES CAST IN THIS ELECTION:1,6 36 TOTAL REGISTERED IN CITY: 9,643%WHO VOTED:16 TOTAL VOTES CAST FOR MAYOR (ALL WARDS): I,350. PERCENT OF VOTES CAST CITY WIDE: 83 TOTAL VOTES CAST FOR MAYOR WRITE-INS: 75 PERCENT OF VOTES CAST CITY WIDE: 6 % �I +�•Nr'`�� CITY OF HUNTSVILLE ,°� NYNr'`.; CITY GENERAL ELECTION ° APRIL 6, 1985 •� •• •�� •• STATISTICAL DATA SHEET raar.� rn,n Total Votes Cast in Precinct No. 101 . . . . 77 , % of Total . . . . . . . . 4.71 % Total Votes Cast in Precinct No. 102 . . . . .323--, % of Total . . . . . . . . .19.74 % Total Votes Cast in Precinct No. 105 . . . . 125 , % of Total . . . . . . . . . 7.64 % Total Votes Cast in Precinct No. 201 . . . . 253 , % of Total . . . . . . . . .15.46 % Total Votes Cast in Precinct No. 202 . . . . 12g , % of Total . . . . . . . . . 7.89 % Total Votes Cast in Precinct No. 206 . . . . 258 % of Total . . . . . . . . .15.77 % Total Votes Cast in Precinct No. 301 . . . . 215 , % of Total . . . . . . . . .13.14 % Total Votes Cast in Precinct No. 401 . . . . 256 , % of Total . . . . . . . .15.65 % TOTAL VOTING IN THIS ELECTION . .1,636 % of Total . 100.00% BRIEF HISTORY OF WARD ELECTIONS YEAR WARD TOTAL VOTES CAST PERCENT OF TOTAL VOTES CAST 1974 1 400 42% 1977 1 290 40% 1979 1 767 50% 1981 1 696 42% 1983 1 762 39% 1985 1 576 35% 1974 2 77 8% 1977 2 130 18% 1979 2 322 21% 1981 2 345 21% 1983 2 365 19% 1985 2 206 13% 1974 3 307 32% 1977 3 202 28% 1979. 3 280 18% 1981 3 267 16% 1983 3 329 17% 1985 3 340 21% 1974 4 163 17% 1977 4 100 14% 1979 4 138 9% 1981 4 351 21% 1983 4 501 25% 1985 4 514 31% Respectfully prepared, Ruth De Shaw, City Secretary April 9, 1985 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: RESOLUTION NO. A RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules ' or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of Walker County, Texas, (the "Unit") has heretofore approved the creation of a public non-profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of Walker County Industrial Development Corporation, (the "Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities, and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, all as defined in the rules of the Texas Economic Development Commission (the "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter; if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent thereto within a city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated andActs ded in of the atax 66th Legislature,created under Chapter 695, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of the Commission set forth special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, this governing body, acting for and on behalf of the City of Huntsville, Texas, (the "City") desiring to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas, did adopt Resolution No. 83-10 designating Eligible Blighted Areas under the Development Corporation Act of 1979, as amended, and the rules abd regulations adopted by the Texas Economic Development Commission, making findings in connection therewith, and providing an effective date, on August 2, 1983 (the "Resolution"); and WHEREAS, the Corporation has advised the City that Star South Development, a Partgership organized and existing under the laws of the State of Texas, and whose principal place of business is 363 North Belt 41380, Houston, Texas, is considering proceeding with the acquisition of real estate and the construction of a building to be used for commercial purposes and the acquisition and installation of related furniture, equipment, fixtures and facilities (the "Project") to be located at 841 Sam Houston Avenue in that portion of the City of Huntsville designated by said Resolution as an Eligible Blighted Area; and WHEREAS, the Corporation adopted a Resolution on November 27, 1984 with respect to the issuance of bonds to finance the Project proposed by Star South Development, on land described in Exhibit "A" attached to and incorporated in this Resolution; and WHEREAS, this governing body has been requested to review and approve the Project and the rules and regulations of the Commission permit the City to approve the Project after publishing and posting notice prior to the date set for public hearing and holding a public hearing; and WHEREAS, notice of public hearing of the consideration of approval of the Project was posted at the City Hall in the City of Huntsville, Texas pursuant to Article 6252-17, V.A.T.S.; and WHEREAS, the notice of public hearing included a description of the Project and the date, time and location of the public hearing concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and location specified in such notice, pursuant to the Rules and Regulations of the Commission, for the purpose of determining whether this governing body should approve the Project; and WHEREAS, this governing body has reviewed the Project proposed by Star South Development and considered the same to determine whether said Project: A. Is consistent with the City's objectives for redevelopment of the Eligible Blighted Areas set out in said Resolution; B. Conforms with the limitations, if any, provided in said Resolution; C. Will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. Conforms to the Project Approval Standards specified in the Rules and Regulations adopted by the Texas Economic Development commission and the Resolution of this governing body designating Eligible Blighted Areas; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to request the Commission to approve the Project proposed by Star South Development, and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and rules and regulations of the Commission; as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the Project proposed by Star South Development, to be constructed on the land described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, this governing body makes the findings and determinations set forth in the following Sections of this Resolution. SECTION 2: The Commercial Development Project proposed by Star South Development, consists of the acquisition of real estate and construction of a building to be used for commercial purposes and the acquisition and installation of related furniture, equipment, fixtures and facilities in Huntsville, Texas, on land being fully described on Exhibit "A" attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in an Eligible Blighted Area established by this governing body of the City of Huntsville. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act, as amended, and is a project that will contribute significantly to the alleviation of the blighted conditions found to e exist in the Eligible Blighted Area heretofore designated by the City. SECTION 5: The Applicant for said Project, Star South Development, has demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment of the Eligible Blighted Area heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in the Resolution of this governing body designating the Eligible Blighted Area; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. The Project conforms to the Project Approval Standards of the Rules and Regulations of the Texas Economic Development Commission and the Resolution of this governing body designating the Eligible Blighted Area; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and the Act. F. The Project is in furtherance of the public purposes of SECTION 6: The Commercial Development Project proposed by Star South Development should be and is approved by this governing body. SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission. SECTION 8: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and the Rules and Regulations of the Commission, and for the benefit of the corporation, the Unit, the City, the Commission, Star South Development, the residents of the City, and all other interested persons. SECTION 9: The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted at the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the scheduled time of such meeting; such place of posting being readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this IL-,L day of ,' 1985. MA C OF HUNTSVILLE, TE S TEST: C ECRETARY, CITY OF HUNTSVILLE, TEXAS (CITY SEAL) i MURRAY h MOORER• INC. nCGls i[nC0 PUOCiC s NVCTOFs �UNTivICI[.iCxwi u])]�O THE STATE OF TEXAS 5 COUNTY OF WALKER § - the undersigned BOB87 R. MURRAY, Registered Public Surveyor No. 1559, do hereby certify that the following field notes represent a survey made on the ground of the following described tract or parcel of land located in Walker County, Texas. TRACT NO. ? 7.63 ACRES Being 7.63 acres of land situated in the N,A LCOM JOHNSON SURVEY, Abstract No. 299, City of Huntsville, Walker County, Texas, and being also out of the northwest part of a called 22.9 acre tract of land described in a Deed from Donald N. H. Adams d/b/a THE NEWTON COMPANY, to Huntsville Properties, Ltd, dated April 26, 1978 and recorded in Volume 319, Page 499, Deed Records, said 7.63 acres of land being more definitely descr Lbed by metes and bounds as follows: BEGINNII:C in the upper west line of said 22.9 acre tract, same being the east line of the J. D. Johnston tract, at an iron rod for the s0uthwest corner of that certain tract or parcel of land also Out of said 22.9 acres and being described in a Deed to K. F. C. National Management Corp. recorded in Volume 260, Page 493, Deed Records; THENCE S73'14'20"E with the south line of,said K. F. C. National Management Corp. tract for a distance,(3f. 194.98 feet to an iron rod for its southeast corner, said corner being also the most northern northeast corner of said 7.63 acre tract of land herein described and in the west line of a called 0.59 of an ' acre tract of land also out of said 22.9 acre tract and being described in a Deed from Martin D. Colley, Trustee, to American Dank dated May Deed Records; 27, 1981 and recorded in Volume 377, Page 267, THENCE S00'04'10,,E with the west line of said 0.59 of an for the soutthh acre tract land for a the of 44.00 feet to an iron rod west corner) THENCE SG7°27'10"E with the south line of said 0.59 of an acre tract of land for a distance of 143.27 feet to an iron rod for its southeast corner; TH£14CE southwesterly with the upper east line of said 7.63 acre tract of land herein described as follows: 1) S01°01'30"W - 142.55 feet to an iron rod; 2 S09'07'50"W - 113.65 feet to an iron rod; 3) S25°31'40'•1.' - 160.50 feet to an iron rod for the upper southeast corner of said 7.63 acre tract of land herein described; • THENCE N80°3l'30••W with the upper south line of said 7.63 acre tract of land herein described for a distance of 221.50 feet to an iron rod for a corner near the northwest corner of a tennis.court; THENCE 509°21'10'•%4 with the lower east line of said 7.63 acre tract of land herein described for a distance of 155.75 EXHIBIT "A" Tract 2: 7.63 Acres M. JOHNSON SURVEY, A-299 Walker County, Texas -2- feet to an iron rod for its most southern southeast corner near the southwest corner of said tennis court; THENCE N83°58'00"W with the lower south line of said 7.63 acre tract of land herein described for a distance of 210.85 feet to an iron rod for an angle corner; THENCE N86°56'50"W with the lower south line of said 7.63 acre tract of land herein described for a distance of 232.60 feet to an iron rod for its lower southwest corner in the cast line of a called 2.68 acre tract of land described in a Deed to Jefferson Standard Life Insurance Company recorded in Volume 283:, Page 18, Deed Records; THENCE NO2'22'00"E with the east line of said 2.68 acre tract for a distance of 417.00 feet to an iron rod for its north- east corner, said corner being also a lower northwest corner of said 7.63 a c tract of land herein described and in the south line of a called 7.206 a e [cact of land described a Deed [o Bluebonnet Oil Company recorded in Volume 236, Page 221, Deed Records; THENCE S80°53'30"E with the south line of said 3.206 acre tract for a distance of 272.40 feet to an iron rod for its south- east corner, aid corner being also the southwest corner of that certain tract or parcel of land described in a Deed to J. D. Johnston recorded in volume 174, Page 130, Decd Records; THENCE S88°37'20"E with the south Line of said Johnston tract for a distance of 166.70 feet to an iron rod for its south- east corner from which a chain link fence corner bears N88°55'E 6.8 feet; THENCE ::00°06'05"E with the east line of said Johnston tract for a distance of 230.00 feet to the POINT OF BEGINNING. Surveyed in June, 1984. :' .. Sig ned: � /l �✓ �: ...�.................... BO 2. R. h1UR RAY pobby R:Mu10y... Reg. Public Surveyor No. 1559 1559 :4 FIELD t:01 S 0.042 ACRE OUT of tCJITSJILL:PROPLYRTIES, LTD. 22.9 /'C E TiL'.L'T y"i-co H JMCON SURVEY, A-299 ,1UIfIs1Iuz, WAL(r":F). cCtm1', T-.Us Being 0.042 acre (1,845 eaeare feet), r lac o, situs:ad in thn WILCOL4 EY JOHNSON SURVEY, Abat...t 170. 299, inthe City of i{untcvllla, Wnik�r County, Taxae, and bol ng out of and a pert of the unsold balance of a callod 22.9 acro tract mnveyod by Donald H. H. Adams, d/b/a The Hau Lon Crr.,pany, to Huntsville ProDortln n, Ltd., by deed dated April 26, 1970, ordsd In Vote- 319, Paso 499, Ualkar County Daed Record., sold 0.042 acro being doacrlbad by c..... end bounda as fo llous: BEGI1MING at an iron rod found for an interior cornor of the naid 22.9 ',act and the sou thuost comas of a called 0.59 acro tract (25,758 square f..L) con+vyad by Gilbert W. Smith, Tru"'' to Robert D. Hardy, Jr., Trus cc, by Da'd of Treat dated liover.,bar e, 1983, '0_ in 'Volo.-o 200, Pasa,745, Ualkar County Doed of Tru't Rocordn, oaldac - n}co being S 00-i4 E, 194.05 f t from the south r18ht-of-_aY lion of oSam Houston A+.nue (U. S. Hlghu'y .70. 75); T.JJCE —us; the said 22.9 acre Lract ns follous: 5 00-14E, 50.00 feet to a point for the south corner of the her a In daccrlbad 0.042 acro tract, H 67-10 U, 21.52 foot to a pcinL for n cornor, N 01-02 W, 91.66 feat to ' point in the south boundary of the fCr'C Hat conal Haneg aslant Co. tract, dead of racord in V.!u-. 260, Paga 493; Tri:Cr'S 73-39 E, 20.74 foot along 'aid Youth boundary of the KFCtional H'n'scra nt Co. tract to ' point !n thn vest lino of the Bald 0.59 acro tract; 7 0 71 -c S 00-14 E, 44.00 foot uith the -at lino of the paid 0.59 acro tract to the P0774T OF BEGINNING. I, Gerald B. Harris, Jr., Rogiotorod Public Survoyor Ho. 3914, do hereby certify that this description reproaan:s a survey mado on the ground under my ouDer+ialon on Juno 11, 1984, ZE OF ? *: � •.9f GERALD D.li ,.i. 1R. rald B. Harrier Jr. (/C FIEiD NOT-S 0.147 ACRE OUT OF • IfUN7'S`7l1LE PROPERTIES, LM., 22.9 FGRE TRACT YALCOLH JOH;ISDN SWRVr(, A-299 HL7,75,ILLI, WAL;`r:n COUNT"', TF-SFS a:iy 0..47 acre (6,303 squ•.rc fcaU, more or less, altuataJ In the _! 30HI1SOR S',;Rb'E!, Atstract No. 7799, In the City of Huntsville, ounty, Tesas, and being ua of and a part of Lt,a unsold balance of ,-1e.1 2:.S acre Lract conveyed by Ounald H. 11. Adams, J/b7a Tho Nee len to it ntsvil is Proper tins, LW., 6y dead da ted April 2S, 1576, Je4 In V�1ume • 3 , Page d9S, Uallar County Deal P.ec crd s, aald 0.: bang dascrlbcdby meas an.1 bounds ae folioue: SEGATING at an iron rod found (o: an interior corner of the caiJ 2:.9 arra t reel sane ba1n3 Lhe soutt.uest corner of a called 0.59 acre (25,%56 _sra feet; tract conveyed by Gilbert W. Fmith, Trust.. to Robert D. }i3r J' Jr., Trustee, by Deed of Trust dated November 4, 1983, ra COrOud In Yclua 200, Page 74S, WaUar County Coed of Trust Racords, and the •.r.:heest corner of the narein described 0.147 aera tract, Bald corner a:s: being S OG-14 E, 194.05 feet from the south right-of-uay line of Sem N_us;on Avenue (U. S. Hishuay No. 75); THENC S 67-.:0 E, 143.23 feet along the south line of the said 0.59 acre tract to an Iron rod found for the southeast corner of same and the northeast corner of the heroin described 0.147 acre tract; TRD;CZ across the said 22.9 acre tract as follous: S 00-12 E, 15.66 feet to a point of curvature, Southeasterly uith a curve to the left having a central angle of 37-OS-16, a radius of 50.00 foot, an arc length of 32.37 feat and a chord ofS 17-SO W, 31.00 feet to the point of tangency and the sou Lheast corner of the heroin described 0.147 acro tract, N 67-d0 W, 13:.54 feet to the southeast corner of the herein described 0.1d7 acre tract, N 00-14 W, 50.00 feet to the POIt✓•i OF BEGINNING. I, Gerald B. Harris, Jr., Registered Public Surveys- No. 3914, do hereby certify that this description represents a survey made on the c round under my supervision June ll, ;190d, .. .� 1�A4gii 1�;, f erald B. Harr ts. :r. -ti. _A14 FIGO NO'E'S 0 M AQtE OUT OF h"Jin'S`IlLLE PROPERTY"S, LTD. 22.9 FC•lE'Blit' W1L.C}-,S J0)VL50't SURVEY, A-299 HUITSIII;F, WA1 MCOMM TWIS Bring 0.003 acro (124 square feat), aero or loss, situated in the H.:LCUL1i JOHNSON SURVE(, Abstract no. 299, in the City of }lust c:ills, Walker County, 71.—, and being out of and v part of the unsold balance of called 22.9 a otract c vaysd by fbnald H. H. Ad--, d/b/a Tho N—L.n Co.*.zany, to liuntsvillo Properties, Ltd., by dead dated April 26, 1978, r.,rded Io :'olu.-v 319, Pana 499, Ualkor County Dead Rvcordv, .,aid 0.003 ac,e being dl.—ibod by notes and bounds ¢s fall.=•v: CJ.`4E2^CIHG at an iron rod found for the upper north—at corner of the aid 22.9 o s Lrect in the south right-of-+.,ay line of San H...t— A—ua tU. S. Hish.ay N.. 75) r -s being the —Iiho—L c rof n Robert 0. }lardy, Jr., 7-1— ',,act, ——dad in '!,luno 2OO, Pass 745, Ualkor County Deed o. Tru... Recorde R•WCE 5 00-12 E, 191.55 fast with the c— boundary bs L,00n the 72.9 c n ac ¢ Lrt and Robert D. Hardy, Jr., Trusts tract to as iron rod for .hoear-,on south corner of the nano and the PUC.:OF BEGINNING: T10IC'E acrs.s the said 22.9 acro Lroct ae fell.—: t) N 83-23 E, 14.54 foot to s point of c —v Ura, 2) 5.uth,asterly ,ith a eurvo to the right hoeing n anus' Angie of 30-OS-56, a radius of 20.00 fast, vrc length of 10.50 foot and a chord of 5 35-21 U, 10.38 foot to s point of concentric curvature, 3) Sou th,antarly ulth a oto the loft having ¢ ral angle of ld-01u 1G, n radiva of 50.00 feat, an narc length of 12.24 foot and n chord of 5 43-23 U, 12.21 foot to the point of tsngancy, 4) H 00-12 U, 15.66 fest to the POltfi OF B2ZhT'I NG. I, Gerald B. Harris, Jr., Registered Professional Surveyor No. 3914, do hereby certify that this description represents a survey made on the ground under my supe cels at n June 11, 1984. ZE OF Tf G2RA10,g;HARRIS.1R. Careld B. Harris, Jr. q:....391,...0:.0`. G'.!f" - EK11113IT "A" BEING 28,109 sq...e feet of land, more or less, situated in the M. Johnson Survey, Abstract No. 299, City of liuntsville, Walker County, Texas, and bein,. w t of and a part of a 1.15 acre tract and a 0.85 acre tract described as Gratis 'ante. and Two respectively in a deed from Maude A. Johnson, et al, to the Marsh Corporation dated October 5, 1971, and r.cordr.d in volume 239, ?age 151, Deed Records, Wali:.r County, Texas, sa�id 28,109 square feet Using lore dcfi.nitely desc_ibcd as follows: - 3FGIN14ING et the northwest corner of said 1.15 acre tract and the northeast =Orner of a lot conveyed by C. A. cGee to J-. D. Johnston as the Second tract in a decd da Ced March 27, 1962, and recorded in volume 175, Page 546, Deed Records, said corner being also-in the south or southwest Right-of-Way ine of U. S. Highway No- 75 (Sam Hous Con Avenue) , 40 feet from the center- Line of said ❑ighway and 9.5 feet south of. the back of the south curbline, set a 5/8" iron rod wiCh aluminum cap for corns; 113ENCE S. 740 04' 3G" E. with the south Right-of-l.7ay line_ of said U. S- 9ighway No. 75, same being the north line of Said 1.15 :+ere and 0.85 acre tracts, 1-11-47 f.r..t to it 5/e" iron rod with aluminum c;+P `,ct for corn`"; 1'BEtiCE S 710 27' 56" E- with the south Righ C-oC-laay line of said U. S. 3ighway 75 and Lite north line of said 0.85 acre tract, 23.53 feet to a 5/8" i.ron rod with aluminum cap set for the northeast corner of the 28,109 squ.-tre foot tract herein described; rItENCE S. 000 2G' 05'• E., 150.00 feet to a 5/8" iron rod with aluminum caP set for the southeast corner of the 28,109 square feet herein described; I'11}'NCE N. 730 45' 42" W-, 194.98 feet to the west linet0a-5/8a iron rode lot, with tract and the cast line of said J. D. Johnston al u.,tinum cap for the southwest corner of Che 7.8,109 sgnau Lout. 5-rein 3ese ribed; rHEVCE N. 000 2G' 05" t+`. with the common boundary of said Johnston lot and OF BEGINNING. :aid 1-15 acre tract, 150.00 feet to the PLACE CERTIFICATE FOR RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. I, the undersigned City Secretary of the City of Huntsville, Texas (the "Unit"), hereby certify as follows: 1. The City Council (the "Governing Body") of the Unit convened in regular session at 7:00 P..m., central standard time, on April 1(,, 1985, (the "Meeting'), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body: to-wit: Jane Monday Mayor Gene Barrett Councilman Bill Hodges Councilman Stephen E. Davis Councilman Dr. William Green Councilman Dr. Gary Bell Councilman Jerry L. Dowling Councilman Percy Howard, Jr. Councilman All of such persons were present, except the following absentees: thus constituting a quorum. Whereupon a written: RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith (the "Resolution") was duly introduced for the consideration of the C'ty CV cil and read in full. ,- - (-'f moved and �"r seconded that the Resolution beQadopted; and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: //''�� For: Against: Abstained: 0 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public flotice of the time, place, and purpose of the Meeting was given, all as required by Articles 6252-17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED thi4L.Ak day of 1985. Ci ecretary (Seal) NOTICE OF PUBLIC HEARING TO DETERMINE WHETHER THE CITY OF HUNTSVILLE, TEXAS, SHALL APPROVE A COMMERCIAL PROJECT TO BE FUNDED WITH INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR STAR SOUTH DEVELOPMENT Notice is hereby given that the City Council of the City of Huntsville, Texas, will convene at City Hall, 1212 Avenue M, Huntsville, Texas, at 7:00 P.M. on the 16th day of April, 1985, to determine whether a commercial project shall be approved by the City and recommended for approval by the Texas Economic Development Commission under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission and pursuant to Section 103 of the Internal Revenue Code of 1954, as amended. Star South Development, a partnership organized and existing under the laws of the State of Texas, whose principal place of business is 363 North Beltway, #380, Houston, Texas, has requested the City Council to approve a proposed commercial project consisting of the acquisition of real estate and the construction of a building to be used for a commercial shopping center and the purchase of other related equipment, furniture and facilities to be located at 841 Sam Houston Avenue, Huntsville, Walker County, Texas. Said project has been recommended for approval by the Walker County Industrial Development Corporation and is within the boundaries of the County and City of Huntsville, Texas. Star South Development is requesting Industrial Development Revenue Bonds in an amount now expected not to exceed $6,400,000 to assist in funding said project. At the time and place herein established for the Public Hearing, all interested parties may present evidence and testimony on the question of whether the commercial project proposed by Star South Development should be approved by the governing body of the City of Huntsville, Texas, under the Development Corporation Act of 1979, as amended, and the rules and regulations promulgated by the Texas Economic Development Commission, and under Section 103 of the Internal Revenue Code of 1954, as amended. CITY OF HUNTSVILLE, TEXAS -Ruth Ue�,haw,city �)ecretary Time of Posting:_ 5/4A-i' RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: 471 Li RESOLUTION NO. A RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. WHEREAS, the Commissioners' Court of Walker County, Texas, acting for and on behalf of-Walker County, Texas, (the "Unit") has heretofore approved the creation of a public non-profit corporation under the provisions of the Development Corporation Act of 1979, as amended, (the "Act") under the name of Walker County Industrial Development Corporation, (the "Corporation") which has filed its Articles of Incorporation with the Secretary of State of the State of Texas, and has fully organized; and WHEREAS, the Corporation is authorized by the Act to issue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "project" as defined in the Act, and to lease or sell the project or to loan the proceeds of the bonds to finance all or part of the costs of a project; and WHEREAS, the definition of "project" in the Act includes the land, buildings, equipment, facilities, and improvements (one or more) found by the Board of Directors of the Corporation to be required or suitable for the promotion of commercial development and expansion and in furtherance of the public purposes of the Act, all as defined in the rules of the Texas Economic Development Commission (the "Commission"), irrespective of whether in existence or required to be acquired or constructed thereafter; if such project is located in blighted or economically depressed areas; and WHEREAS, as used in the Act, the term "blighted or economically depressed areas" means those areas and areas immediately adjacent thereto within a1 city which by reason of the presence of a substantial number of substandard, slum, deteriorated, or deteriorating structures, or which suffer from a high relative rate of unemployment, or which have been designated and included in a tax incremental district created under Chapter 695, Acts of the 66th Legislature, Regular Session, 1979 (Article 1066d, Vernon's Texas Civil Statutes), or any combination of the foregoing, the City finds and determines, after a hearing, substantially impair or arrest the sound growth of the city, or constitute an economic or social liability and are a menace to the public health, safety or welfare in their present condition and use; and WHEREAS, Section 107.1(b)(9) of the rules (the "Rules") of the Commission set forth special rules for approval of commercial projects in blighted or economically depressed areas; and WHEREAS, this governing body, acting for and on behalf of the City of Huntsville, Texas, (the "City") desiring to authorize the financing of certain projects for commercial uses as provided in the Act and the Rules by establishing one or more eligible blighted areas, did adopt Resolution No. 83-10 designating Eligible Blighted Areas under the Development Corporation Act of 1979, as amended, and the rules and regulations adopted by the Texas Economic Development Commission, making findings in connection therewith, and providing an effective date, on August 2, 1983 (the "Resolution"); and WHEREAS, the Corporation has advised the City that B & T-3 Joint Venture, whose principal place of business is 2040 Loop 336, Suite 225, Conroe, Texas, is considering proceeding with the acquisition of approximately .588 acres of land and construction of a single building approximately 11,555 square feet to be used as a mezzanine strip shopping center and the acquisition and installation of related furniture, equipment, fixtures and facilities to be located at the intersection of Brazos Drive and Highway 30, Walker County, Texas (the "Project") in that portion of the City of Huntsville designated by said Resolution as an Eligible Blighted Area; and WHEREAS, the Corporation adopted a Resolution on September 6, 1984 with respect to the issuance of bonds to finance the Project proposed by B & T-3 Jont Venture, on land described in Exhibit "A" attached to and incorporated in this Resolution; and WHEREAS, this governing body has been requested to review and approve the Project and the rules and regulations of the Commission permit the City to approve the Project after publishing and posting notice prior to the date set for public hearing and holding a public hearing; and WHEREAS, notice of public hearing of the consideration of approval of the Project was posted at the City Hall in the City of Huntsville, Texas pursuant to Article 6252-17, V.A.T.S.; and WHEREAS, the notice of public hearing included a description of the Project and the date, time and location of the public hearing concerning the approval of the Project; and WHEREAS, a public hearing was held at the date, time, and location specified in such notice, pursuant to the Rules and Regulations of the Commission, for the purpose of determining whether this governing body should approve the Project; and WHEREAS, this governing body has reviewed the Project proposed by B & T-3 Joint Venture and considered the same to determine whether said Project: A. Is consistent with the City's objectives for redevelopment of the Eligible Blighted Areas set out in said Resolution; B. Conforms with the limitations, if any, provided in said Resolution; C. Will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. Conforms to the Project Approval Standards specified in the Rules and Regulations adopted by the Texas Economic Development Commission and the Resolution of this governing body designating Eligible Blighted Areas; E. Will increase and stabilize employment opportunities, significantly increasing or stabilizing the property tax base and promoting commerce within the State of Texas; and F. Is in furtherance of the public purposes of the Act; and WHEREAS, this governing body has concluded that it is in the best interest of the City and its inhabitants to request the Commission to approve the Project proposed by B & T-3 Joint Venture, and therefore desires to adopt this Resolution in compliance with the requirements of the Act, and rules and regulations of the Commission; as amended, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The public hearing on the question of whether the Project proposed by B & T-3 Joint Venture, to be constructed on the land described on Exhibit "A" attached hereto, should be approved, is hereby closed; that persons who appeared at such hearing to offer testimony or evidence with respect to such question were given an opportunity to be heard and were heard; that based upon the evidence before this governing body, both in the form of testimony and documentary, this governing body makes the findings and determinations set forth in the following Sections of this Resolution. SECTION 2: The Commercial Development Project proposed by B & T-3 Joint venture, consists of the acquisition of .588 acres of land and the construction of a single building approximately 11,555 square feet to be used as a mezzanine strip shopping center and the acquisition and installation of related furniture, equipment, fixtures and facilities in Huntsville, Texas, on land being fully described on Exhibit "A" attached hereto and incorporated in and made part of this Resolution. SECTION 3: The Project is located in an Eligible Blighted Area established by this governing body of the City of Huntsville. SECTION 4: The Project is a Commercial Development and is for use by commercial enterprises within the meaning of the Development Corporation Act, as amended, and is a project that will contribute significantly to the alleviation of the blighted conditions found to exist in the Eligible Blighted Area heretofore designated by the City. SECTION 5: The Applicant for said Project, B & T-3 Joint Venture, has demonstrated to the satisfaction of this governing body, and this governing body finds that: A. Said Project is consistent with the City's objectives for redevelopment of the Eligible Blighted Area heretofore designated by the City; B. The Project conforms with the limitations, if any, provided in the Resolution of this governing body designating the Eligible Blighted Area; C. The Project will contribute significantly to the fulfillment of the overall redevelopment objectives of the City for the Eligible Blighted Area; D. The Project conforms to the Project Approval Standards of the Rules and Regulations of the Texas Economic Development Commission and the Resolution of this governing body designating the Eligible Blighted Area; E. The Project will increase and stabilize employment opportunities and will significantly increase or stabilize the property tax base and promote commerce within the City and the State; and F. The Project is in furtherance of the public purposes of the Act. SECTION 6: The Commercial Development Project proposed by B & T-3 Joint Venture should be and is approved by this governing body. SECTION 7: The City Secretary is hereby directed to provide a certified copy of this Resolution, including all exhibits, to the Executive Director of the Commission. SECTION 8: This Resolution is adopted for the purpose of satisfying the conditions and requirements of the Act and the Rules and Regulations of the Commission, and for the benefit of the corporation, the Unit, the City, the Commission, B & T-3 Joint Venture, the residents of the City, and all other interested persons. SECTION 9: The governing body has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that a sufficient written notice of the date, hour, and place of this meeting and of the subject of this Resolution was posted at the bulletin board at a place convenient to the public in the City Hall of the City of Huntsville for at least 72 hours preceding the scheduled time of such meeting; such place of posting being readily accessible to the general public at all times from such time of posting until the scheduled time of such meeting; and such meeting was open to the public as required by law at all times during which this resolution and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. PASSED AND APPROVED this &j2tbay of 1985. MAYOR, CXTY OF HUNTSVILLE, T S • R^TARP, CITY OF HUNTSVILLE, TEXAS (CITY SEAL) BEING a 0.588 acres of land situated in the Lewis Cox Survey, A-13, Walker County, Texas and being out of and a part of a 9.804 acre tract described in Volume 320, Page 600, Deed Records of Walker County, Texas. Said 0.588 acre tract being more described by metes and bounds as follows: COMMENCING at a concrete monument found in the North R.O.W. of Highway 30, being the Southwest corner of the above mentioned 9.804 acre tract, and also being the Southwest corner of a Brazos Savings Association of Texas, 2.138 acre tract, recorded in Volume 363, Page 407, Deed Records of Walker County; THENCE N 84°34'12" F., with the North R.O.W. of Highway 30, a distance of 268.51 feet, to a 5/8" iron rod found on the West R.O.W. of Brazos Drive (50' R.O.W.); THENCE N 84°32'11" E, continuing with the North R.O.W. of Highway 30, a distance of 50.14 feet to a 3/8" iron rod found on the East R.O.W. of Brazos Drive, being the Southwest corner and the POINT OF BEGINNING of herein described tract; THENCE N 00°19'07" W, with the East R.O.W. of Brazos Drive, a distance of 225.18 feet to a 1/2" iron rod found for corner; THENCE N 84°35'47" E, a distance of 114.03 feet to a 1/2" iron rod found for corner; THENCE S 00°22'16" E, a distance of 225.04 feet to a 3/8" iron rod found for corner on the North R.O.W. of the above mentioned Highway 30; THENCE N 84°32'10" W, with the North R.O.W. of Highway 30, a distance of 114.24 feet to the POINT OF BEGINNING and containing 0.588 acres of land more or less. EXHIBIT "A, CERTIFICATE FOR RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development Commission; and making findings in connection therewith. I, the undersigned City Secretary of the City of Huntsville, Texas (the "Unit"), hereby certify as follows: 1. The City Council (the "Governing Body") of the Unit convened in regular session at 7.n0 P_.m., central standard time, on April 1(, 1985, (the "Meeting"), at the designated meeting place, and the roll was called of the duly constituted members of the Governing Body: to—wit: Jane Monday Mayor Gene Barrett Councilman Bill Hodges Councilman Stephen E. Davis Councilman Dr. William Green Councilman Dr. Gary Bell Councilman Jerry L. Dowling Councilman Percy Howard, Jr. Councilman All of such persons were present, except the following absentees: thus constituting a quorum. Whereupon a written: RESOLUTION of the governing body of the City of Huntsville, Texas, approving a commercial project in an Eligible Blighted Area under the Development Corporation Act of 1979, as amended, and the rules or regulations adopted by the Texas Economic Development commission; and making findings in connection therewith (the "Resolution") was duly introduced for the consideration of the City Council and read in full. 1, S. moved and 7i_jJ' r1 seconded that the Resolution be adopted; and, after due! discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: For: Against: Abstained: 2. A true, full, and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public dotice of the time, place, and purpose of the Meeting was given, all as required by Articles 6252-17, Vernon's Texas Civil Statutes, as amended. D SIGNED AND SEALED this ' of �, 1985. i L,It�Ey Secretary (Seal) RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: RESOLUTION NO. 85-9 A RESOLUTION CANVASSING THE RETURNS OF THE RUNOFF MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 20TH DAY OF APRIL, 1985, FOR THE PURPOSE OF ELECTING ONE COUNCILMEMBER FROM WARD ONE; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORD- ANCE WITH THE LAWS OF THE STATE OF TEXAS. WHEREAS, pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 23rd day of April, 1985, proceeded to canvass the returns of the Runoff Municipal Election held in the City on the 20th day of April, 1985, for the purpose of electing one Councilmember from Ward One; and WHEREAS said Election was held under and pursuant to the provisions of Ordinance No. 85-13 calling said Election; and WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at the Election were as follows: FOR COUNCILMEMBER, WARD ONE DICK WHARTON ....................... 279 CHARLIE TACKETT..................... 209 AND WHEREAS the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest has been filed with said Council or instituted in connection with said Election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. Dick Wharton received a majority of the votes cast at said Election for the office of Councilmember, Ward One, and accordingly, Dick Wharton is hereby declared elected to the office of Councilmember, Ward One, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 2. City Council finds that the notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling the Election, and that said Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the Election, and in all things according to the law. Section 3. This resolution shall take effect immediately from and after its passage. APPROVED THIS 23RD DAY OF APRIL, 1985. THE CITY OF HUNTSVILLE, TEXAS By: L� J E MONDAY, Mayor ATTEST: ut Sh w, ity Secret y APPROVED AS TO FORM: sem,, Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 85-10 Title: ADOPTS CAPITAL IMPROVEMENTS PROGRAM Date: 05-14-85 Area from Brown --Mayor Monday asked if anyone wanted to delete this section. Councilmember Howard noted Oil Tools to his concern for the impact on the city's service capabilities if these areas were annexed. Maiestic Forest Mayor Monday noted she would prefer to do some planning on this and to analyze the (western boundary expenses, noting the roads in Westridge itself will bring a major expense to the city. extension. inclu- She indicated a preference to look at this until next year in order to get a better handle sive of Westridge-1 on what is involved. Councilmember Green reminded everyone that we're not voting on whether to annex these areas but only to have hearings and to look at the areas and this doesn't mean we're in favor of annexing them He said when he votes here tonight on these areas it is done for the purpose of studying the areas for possible annexation only. He felt the Council should keep this in mind as we qo through these. Council- member Bell noted if it is decided later on that Westridge will be annexed, he wanted the city to be able to advise the residents there of exactly what services we would be pro- viding and when. Mr. Pipes noted this is in the Service Plan that was developed last fall. Councilmember Barrett noted there are some areas right inside the city, such as Avenue 0, that are not yet in our service plan and we'll need to come back to service those areas that have been waiting for years. Mayor Monday noted then there is no one wishing to delete this area front the public hearing procedure and it therefore will remain in the process. Highway 75 S --Mayor Monday asked if anyone would like to exclude Highway 75 South. No one requested the removal of this area so it will be included also in the public hearings procedures. Mayor Monday then asked for a vote on the motion on the floor to adopt Ordinance No. 85-18. All were in favor and it passed unanimously. CONSIDER RESOLUTION Consider Resolution No. 85-10 adopting the Capital Improvements Program for 1985 and 1986. Mayor Monday presented this resolution, the caption of which is as follows: RESOLUTION NO. 85-10 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A CAPITAL IMPROVEMENTS PROGRAM Councilmember Howard made the motion to approve of Resolution No. 85-10 adopting the CIP dated May 1, 1985 and Councilmember Dowling seconded the motion. Discussion; Gene Pipes, City Manager, reminded the Council with this Resolution, it is approving a plan for the next seveney ars, but the budget expenditures only for 1985 and 1986. Councilmember Davis again urged the City to begin its search for alternative methods of handling solid waste, noting some progress needs to be made in this area and hoped it would be started before the new fiscal year begins. Mayor Monday indicated she is planning to have a study committee in-place on that topic before we enter the budget hearings and she concurred with Councilmember Davis' concerti. All were in favor of the motion on the floor and it passed unanimously. RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 85-11 Title: AUTHORIZES CITY MANAGER TO APPLY FOR HUD COMMUNITY DEV.BLOCK GRANT FOR BOETTCHER'S MILL Date: 05-14-85 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR AND ON BEHALF OF THE CITY OF HUNTSVILLE FOR SIX THOUSAND TWO HUNDRED AND FIFTY DOLLARS TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN INTERESTS IN A TRACT DESCRIBED HEREIN REQUIRED FOR A UTILITY EASEMENT; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN TEN (10) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Mr. John Poche) Councilmember Hodges made the motion to adopt Resolution No. 85-12 and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimousl Consider Resolution No. 85-11 authorizin the Cit Manager to submit an application for grant assistance under the Texas Community Development Project Fund Regional Allocation Mayor Monday then presented Resolution No. 85-11, the caption of which is as follows: RESOLUTION NO, 85-11 A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT ASSISTANCE UNDER THE TEXAS COMMUNITY DEVELOPMENT PROJECTFUND (REGIONAL ALLOCATION AND THE RULES AND REGULATIONS PURSUANT THERETO, AND TO SIGN THE ACCEPTANCE OF THE GRANT ASSISTANCE, WHEN MADE, AND ANY OTHER DOCUMENTS REQUIRED TO COMPLETE THE PROJECT ON THE BEHALF OF THE CITY, FOR THE NEIGHBORHOOD IN THE CITY KNOWN AS BOETTCHER MILL, WITH $56,000 BEING ESTABLISHED AS THE CITY'S IN-KIND MATCH IN MATERIALS AND LABOR FOR THE DESIGN AND INSPEC- TION OF SEWER IMPROVEMENTS FROM THE WATER AND SEWER FUND AND 520,000 BEING ESTABLISHED AS THE CITY'S IN-KIND MATCH FOR THE MATERIALS AND LABOR FOR THE GENERAL ADMINISTRATION OF THE GRANT FROM THE GENERAL FUND, Councilmember Hodges made the motion to adopt Resolution No. 85-11 and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously, Mr. Pipes indicated the initial approval should be forth- coming this summer, perhaps in early August. CITY MANAGER'S REPORT--GENE PIPES Avenue F Paving Project Mr. Pipes noted letters have been sent to the residents of the Avenue F area indicating the scope of the project and the planned meetings that will be held to review with them in detail all of the improvements and the inconveniences they will encounter. He noted the city will try to work with them in every way to alert them to the situation and to assist them. He then presented the Council with a memorandum outlining the planned procedures. He asked the Council for their critique of the procedures. Councilmember Howard expressed the concerns of some of the Avenue F residents regarding the stakes in their yards in that they think they mean their yards will be affected up to the stake lines. Mr. Poteete noted the stakes represent the 70 foot right-of-way--the outer limits of the right-of-way, but the street will actually be constructed within that, about 41 feet wide, which is the same width as the section now existing from llth Street to 9th Street, the curb and gutter section, but it will be a little wider as it goes on north. Mr. Poteet said this is the type of question that the city plans to answer before any work is begun and that a meeting of the residents will be held at the Emancipation Park building. RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-12 ROW Officer Poche/Avenue F Project RESOLUTION NO. 85-12 A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR AND ON BEHALF OF THE CITY OF HUNTSVILLE FOR SIX THOUSAND TWO HUNDRED AND FIFTY ------------DOLLARS TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN INTERESTS IN A TRACT DESCRIBED HEREIN REQUIRED FOR A UTILITY EASEMENT; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN TEN (10) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Huntsville now finds and determines that public convenience and necessity require that the City of Huntsville acquire the land described in Exhibit "A", attached hereto and made a part hereof for all intents and purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: Section 1: That the City Attorney is hereby authorized and directed to make an offer of six thousand two hundred andfifty Dollars for the said tract above described, to Mr. John Poche or other parties in interest believed to be the true owners of said property, or to the actual real and true owners thereof, whether correctly named or not, for the purpose and acquisition by the City of Huntsville of the fee interest in the said tract that is required for Avenue F street improvements. Section 2: Such offer shall provide that if they should not be accepted within ten (10) days after receipt, the City of Huntsville will consider such offer refused and will institute condemnation proceedings. Section 3: In the event that such offer is refused, either expressly or by failure of the owners to unconditionally accept the same within the time specified, the City Attorney is hereby authorized to institute condemnation proceedings on behalf of the City of Huntsville under any applicable provisions of the law, whether provided by Title 52 of the Revised Civil Statutes, Chapter 17 of the Title 28 of said Statutes, the Charter of the City of Huntsville, or any other provision. Section 4: Should such offer be accepted, the money above set forth shall be paid out of any appropriation heretofore made for the public purpose for which the above described tract is required. Should such offer not be accepted, the amount finally awarded to the owner in the condemnation proceedings, plus costs, fees and expenses, shall be paid out of such funds so appropriated. A Section 5: This resolution shall take effect from and after its passage. APPROVED this f 7' day of A.D. 1985. THE CITY OF HUNTSVILLE, TEXAS By Jan onday, Payor ATTEST: Ruth DeShaw�tary APPROVED AS TO FORM: Seo� Scott Bounds, City Attorney 2 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-13 Mort.Loans-S.E.T.H.Finance Corp. 06-18-85 i CERTIFICATION OF RESOLUTION I, the undersigned officer of the City Council of Huntsville, Texas (the "City"), do hereby make and execute this certificate for the benefit of all persons interested in the validity of all actions and proceedings of the City. I do hereby certify as follows: 1. I am the duly chosen, qualified and acting officer of the City for the office shown beneath my signature, and in such capacity I am familiar with the Matters contained in this Certificate. 2. The City Council of the City convened a regular meeting on June 18, 1985, at which a quorum was present. Among other business the following was transacted at said meeting: a written resolution entitled, RESOLUTION AUTHORIZING, APPROVING AND AUTHORIZING MORTGAGE LOANS OF THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION BOND PROGRAMS TO BE MADE WITHIN THE CITY; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY was introduced for the consideration of said City Council. It was then duly moved and seconded that said Resolution be adopted and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried by a vote of the majority. 3. The attached and following is a true, correct and complete copy of said Resolution; the original of said Resolution is on file in the official records of the City; and said Resolution has not been amended and is in full force and effect. WITNESS MY HAND and SEAL this /f4l day of 1 , 1985. /✓ii�� <��%tel � - (� Clerk (SEAL) CITY OF HUNTSVILLE RESOLUTION NO. 85-13 RESOLUTION AUTHORIZING, APPROVING AND AUTHORIZING MORTGAGE LOANS OF THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION BOND PROGRAMS TO BE MADE WITHIN THE CITY; CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY WHEREAS, the County of Walker is a sponsoring political subdivision of The Southeast Texas Housing Finance Corporation (the "Corporation") which Corporation has, on behalf of its sponsoring political subdivisions and other consenting jurisdictions, issued several single family mortgage revenue bond issues, including but not limited to The Southeast Texas Housing Finance Corporation Single Family Mortgage Revenue Bonds, 1985 Series A; WHEREAS, Lenders and Builders in the City have participated and desire to continue to participate in the use of the proceeds of such bond issues to make low cost Mortgage Loans within the City; WHEREAS, the City Council has determined, upon its own motion, to adopt the following resolution; and NOW THEREFORE, BE IT RESOLVED BY THE City Council of the City of Huntsville, Texas: Section 1. That the City Council officially finds, determines, recites and declares that (1) it is wise, expedient, necessary and advisable that there be provided in the City a means of financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for residents of the City at prices that they can afford; (2) that such residential ownership and development will (a) provide for and promote the public health, safety, morals and welfare; (b) relieve conditions of unemployment and encourage the increase of industry and commercial activity and economic development so as to reduce the evils attendant upon unemployment; (c) provide for efficient and well-planned urban growth and development including the elimination and prevention of potential urban blight and the proper coordination of industrial facilities with public services, mass transportation and residential development; (d) assist persons of low and moderate income in acquiring and owning decent, safe and sanitary housing which they can afford; and (e) preserve and increase the ad valorem tax basis of the City; (3) that in order to accomplish the foregoing public purposes and benefits and in order that the Corporation may be authorized to more efficiently and broadly carry out the public purposes for which it is incorporated, to exercise the powers with which it is invested by the laws of the State of Texas, its sponsoring political subdivisions and its Articles of Incorporation, including the power to issue its obligations to accomplish such purposes and powers, as a public instrumentality and nonprofit corporation to exist and act on behalf of and for the benefit of the general public, the City, the other Sponsoring Political Subdivisions, other cities and/or counties located within the State Planning Region, and the State of Texas, the City hereby authorizes the making of Mortgage Loans of programs of the Corporation, including, specifically, but not limited to, The Southeast Texas Housing Finance Corporation Single Family Mortgage Revenue Bonds, Series 1985 A Program, within the City, until written notice of revocation of such authority is received by the Corporation. Section 2. That the Mayor and the City Secretary of the City and other appropriate officials of the City are hereby authorized and directed to execute all appropriate Certificates and to do any and all other things necessary and/or convenient to carry out the provisions of this resolution. Section 3. That a duly certified copy of this resolution shall be admissable in evidence in any suit, action or proceeding involving the validity or enforcement of or otherwise relating to any contract of the Corporation, and shall be deemed conclusive proof that the Corporation has been authorized to be formed and to transact business and exercise its powers pursuant to the provisions of the Act. Section 4. That this resolution and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity of the authorization of the formation and operation of the Corporation. If any word, phrase, clause, sentence, paragraph, section or other part of this resolution, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this resolution and the application of such word, phrase, clause, sentence, paragrpah, section or other part of this resolution to any other persons or circumstances shall not be affected thereby. Section 5. That the City Council has considered evidence of the posting of notice of this meeting of the City, and the City Council officially finds, determines, recites and declares that a sufficient written notice of the date, place, and hour of this meeting of the City Council and of the subject of this resolution was posted for at least seventy-two hours before this meeting was convened; that such notice was posted on a bulletin board in the City Hall located at a place convenient to the general public at all times from the time of posting until this meeting was convened; and that this meeting has been open to the public at all times during which this resolution and the subject matter thereof has been discussed, considered and formally acted upon; all as required by the Open Meetings Law, Article 6252-17, Vernon's Annotated Texas Civil Statutes, as amended. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6. That the City Council officially finds, determines, recites, and declares that the need for the City to authorize the Corporation to make Mortgage Loans within the City at the earliest possible date is necessary for the immediate preservation of health and safety and creates an emergency and urgent public necessity; that this resolution is therefore declared to be an emergency measure; and that written notice of the date, place and hour of this meeting and the subject matter of this resolution shall be sufficient notwithstanding that such written notice may not have been posted for 72 hours before this meeting was convened. -2- 04545 - 1 PASSED AND APPROVED this 18th day of June, 1985. Mayor ATTEST: C-;z City Secretary -3- 04545 City of Huntsvi e "TO BUILD AND SERVE A BETTER COMMUNITY" HUNTSVILLE,TEXAS 77340 1212 AVE M.-P.O.BOX 839 (713)295.8471 June 19, 1985 Ms. Donna Boone Sam Houston National Bank P. 0. Box 1049 Huntsville, Texas 77340 Re: Resolution No. 85-13 Approving Southeast Texas Housing Finance Corporation Bond Programs--Mortgage Loans Dear Donna: As we discussed in our telephone conversation of today, the attached copy of the official Resolution as captioned above, which was adopted by the City Council in their formal meeting of June 18, 1985, is being forwarded to you for your handling. Thank you for your assistance in this matter. incerely, thDe City Secretary RD:rd Enclosures RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 85-14 Title: AUTHORIZES INCREASE IN HUD GRANT IN-KIND MATCH FROM$82,230 TO$102,230 Date: 07-16-85 JULY 16, 1985 BOOK "0" PAGE 587 Mill. Incorporated in this fund request is matching local funds in engineering design work, right-of-way acqui- sition and inspection services, and a number of other criteria that will contribute, as well as administrative work to the administration of this project. He said in addition, uniquely, the city has local private support to make it economically viable. In addition to that, he said, private interests are joining with the city to help build that portion of the 12 inch rrain that will cut across the top of Boettcher's Mill on the ridge and go out tc the loop and tie north and south into our outer loop system and pressure up all of the eater services on that side of town and also create fire protection services for everything in Boettcher's Mill for the first time in history. He noted that private interest is Gibbs Brothers and Company who has made a $60,000 pledge on the ,nater system and a $30,000 pledge plus all of the rights of way necessary to get sewer service up the hill to Boettcher's Mill to their individual holdings. He said if the city had to buy those rights-cf-way, the city would be out of funds, out of that $500,000 range immediately. He noted the private funding participation makes this project even more attractive to the project review committee. He noted in federal fund projects, the dedications of the rights-of-way will be termed an "in-kind" match, because if it is not given, it must be purchased. In this case, he said the value of these rights-of-way is approximately $50,000. He said we therefore have an in-kind contribution of some 550,000, plus a cash match of $60,000 and an additional $30,000 for a total of 5140,000, which is a major community effort on the part of those interests. Mr. Howard will outline the character of the neighborhood and the needs that are perfectly obvious, and touching on the topics of a limited tax base and the other circumstancial situation that leads us to apply for a federal HUD grant in the first place, Mr. Pipes said. Also, it is intended that Mr. Howard point to the success of the HUD New Addition project just completed as federal funds well spent. RESOLUTION NO. 85-14J A RESOLUTION ENDORSING THE SUBMISSION OF AN APPLICATION FOR ASSISTANCE UNDER THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT/STATE OF TEXAS COMMUNITY DEVELOPMENT PROJECT FUND (REGIONAL ALLOCATION) FOR BOETTCHER'S MILL FOR SEWER/WASTEWATER IMPROVEMENTS WITH AN IN-KIND MATCH OF$102,230 FROM THE CITY OF HUNTSVILLE IN MATERIALS, LABOR FOR THE DESIGN AND INSPECTION OF SEWER IMPROVEMENTS AND FOR MATER- IALS AND LABOR FOR THE GENERAL ADMINISTRATION OF THE GRANT. (Grant request: $500,000) Gene Pipes noted this resolution is being revised from $82,230 as the city's in-kind match to $102,230 because of the need to increase the city's in-kind costs due to the nature of this area which has extremely ill-defined property and is an extremely difficult engineering project with a tremendous amount of design criteria work before we can get started. He noted this will be a labor intensive project for the City, however, the in-kind match is a legitimate match to make for this project. He said with the additional in-kind match for the right- of-way, the total is now 5102,230. Councilmember Green made the motion to adopt Resolution No 85-14 and Councilmember Bell seconded the motion. All were in favor and the motion passed unanimously.— MAYOR` nanimous) .MAYOR'S REPORT City's 150th Birthday Part RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-15 Policies-Pre-Deprivation.Hearing 07-16-85 RESOLUTION NO. 85-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 10, SECTIONS 8, 9 AND 10, OF THE PERSONNEL POLICIES OF THE CITY OF HUNTSVILLE, TEXAS, TO AMEND THE RULES FOR PRE-DEPRIVATION HEARINGS; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Chapter 10, Section 8, of the Personnel Policies of the City of Huntsville, Texas, is hereby amended as follows: Section 8 Pre-deprivation Hearings a. Prior to taking any disciplinary action under Sections s s 6 or 7 above, a written notice of the proposed disciplinary action describing the emplovee's all deficiency or infraction shall be given to the employee subject to the disciplinary action. If the employee is absent without leave, notice of disciplinary action shall be mailed to the employee at his last known address certified mail, return recei t requested. the notice shall establish the time for a pre-disciplinary hearing. See Chapter _ Section 8. Absence without Leave Lost Time b. On the second working day following notice of the proposed disciplinary action, the employee's supervisor shall conduct a pre-deprivation hearing. At the pre-deprivation hearing, the supervisor shall review the written charges and explain the evidence related to them. At that hearing, the employee against whom the disciplinary actionis proposed shall be entitled to present an oral and written response. c. An employee may not be suspended, demoted or terminated until the completion of the pre-deprivation hearing. If the supervisor perceives a significant hazard in keeping the employee on the fob, the supervisor may suspend the employee with � pending the pre-deprivation hearing. d. Upon completion of the pre-deprivation hearing, _ may withdraw, amend, or ithe Supervisor ssue the notice of disciplinary action. Section 2: Chapter 10, Section 9, of the City of Huntsville Personnel Policies is hereby amended as follows: Section 9 Appeal of Disciplinary Action to City Manager a. Formal disciplinary action taken under this Chapter may be appealed in writing directly to the City Manager within five working days following notice of the action. b. The action may be stayed pending decision on the appeal or may take effect at any time after issuance of the notice as determined by the City Manager. if an emp4eyee aga4nst wkera d4se4p44Rary aet4on 4s taken a44eges that the reasons g4veR for suek aet4en are €a4se; then sueh aet4eR ska44 be stayed peRd4Rg appea4- c. Upon request, an employee against whom disciplinary action is taken shall be entitled to present a written response to said action and to appear personally before the City Manager, with or without counsel. All parties shall have the opportunity to present and cross examine witnesses who appear. The City Manager, following careful investigation shall have broad authority to approve, disapprove, modify, increase, or rescind any disciplinary actions taken or proposed. The City Manager shall render a final written decision within ten (10) days of the close of the hearing. Section 3: Chapter 10 of the City of Huntsville Personnel Policies is hereby amended by the addition of a new Section 10 that shall read as follows: Section 10 Appeal of Certain Disciplinary Action to City Council a. An employee who, after appeal to the City Manager, is terminated or is suspended without pay for five (5) working days or more, may file a written petition with the City Secretary requesting a hearing on such personnel action within fifteen (15) days after the City Manager's decision. b. The petition shall contain the employee's signature, his home address and a statement indicating whether he wants a public or private hearing. C. If timely filed, the Council shall hold a hearing not less than six (6) or more than twenty (20) days from such petition. d. Notice of the hearing date shall be given to the employee either by personal service or by certified mail, return receipt requested, through the City Secretary at least five (5) days prior to hearing date. e. All hearings shall be held at the City Hall of the City of Huntsville. f. City Council shall render a written decision within ten (10) days of the close of the hearing. (Cross-reference City of Huntsville Charter Section 4.13. Ordinance No. 80-5, Codifying City of Huntsville Code of Ordinances Section 2-2 et seq-) Section 4: This resolution shall take effect immediately upon its passage by City Council. PASSED AND APPROVED this the �/ day of 1985. THE CITY OF HUNTSVILLE, TEXAS By Jan onday, Mayor ATTEST: /�DeSha/w uth , City"-secretary APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-16 Alters Compensatory Time Rules 08-06-85 RESOLUTION NO. 85- 16 ENING CHAPTEERU7IOCOMPENSATIONYOFN OF THE CITFTHE NPERSONNELTSVILLE TPOLICIES MOFOTHE CITY OF HUNTSVILLE, TO ALTER COMPENSATORY TIME RULES, AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the U. S. Supreme Court has recently made the Fair Labor Standards Act applicable to Cities; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Chapter 7, Section 4, Subsection a, of the Personnel Rules of the City of Huntsville, Texas, is hereby amended to read as follows: Section 4 Compensatory Time a. Regular Employees A regular employee qualified to receive extra pay for overtime may, only with approval of the Department Director, elect to receive compensatory time off in lieu of extra pay. All compensatory time will be accrued at a rate of time and one-half. Section 2: Chapter 7, Section 4, Subsection d, of the Personnel Rules of the City of Huntsville, Texas, is hereby amended to read as follows: d. Limitation on Compensatory Time If any employee requests and accrues compensatory time, the employee cannot under any circumstances later receive pay for that accrued time. An employee must use all compensatory time within the same pay period that it is accrued. Use of all compensatory time must be approved in advance by the Department Director. ection a, of l rules Section 3, Chapter 7, Section 3, City of Huntsville, Texas,Sissh hereby amendedtoPread ase of follows: Section 3. Overtime a. Regular Employees Overtime, when ordered, shall be allocated as evenly as possible among all employees qualified to do the work. Employees will work overtime only at the discretion of the supervisor or Department Director. Overtime pay is owed only when an employee actually works more than forty hours in one work week. Overtime shall be compensated by pay at one and one-half (1.5) times the employee's regular hourly pay rate. Management shall not require an employee to take time off from his regular work schedule due to his having worked overtime. �J PASSED AND APPROVED on this the 6//_ day of />u c7us f 1985. THE CITY OF HUNTSVILLE, TEXAS By. QTno, a. JANE rONDAY, Mayor ATTEST: DeShaw, City Secretary APPROVED AS TO FORM: &W e - Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-17 Dennis Baker/Honored for TRA work RESOLUTION NO. 85-17 WHEREAS: The City of Huntsville and its citizens are blessed to have an abundant supply of high quality water to meet the needs of our community now and in the coming generation; and WHEREAS: To a great extent, the good offices of the Trinity River Authority have been responsible for providing our citizenry with this critical element so necessary to our City's continued well-being and growth; and WHEREAS: Mr. DENNIS BAKER, as Southern Regional Manager of the Trinity River Authority, has been a pivotal champion of the Huntsville Regional Water Supply System, which provides much of our daily water needs; and WHEREAS: Mr. Baker's expertise in financing and managing the construction and operations of the Huntsville Regional Water Supply System have been crucial to the fruition of this project; and WHEREAS: In Mr. Baker's short but full life, he has left a lasting gift to his fellow man and a testament to hard work and professional character. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Huntsville Texas, that MR. DENNIS BAKER be commended for his dedicated public service and remembered for his courageous personal battle waged throughout much of the time he so capably served our community; and in so doing, that heartfelt sympathies and condolences be extended to his wife and family whose love, loyalty, and strength are inspirational to us all. DULYPASSED AND AUTHORIZED under the seal of the City of Huntsville, by the hands of the Mayor and City Council on this the 27th day of August, 1985. Jane Monday, Mayor Councilmembers: Bill Hodges Jerry Dowling Stephen E. Davis Gary Bell 0. Eugene Barrett Percy Howard, Jr- low William B. rr-een Dick Wharton RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-18 Amends Limitation Compensatory Time 09-17-85 RESOLUTION NO. 85-18 A RESOLUTION AMENDING THE PERSONNEL POLICIES OF THE CITY OF HUNTSVILLE, TEXAS; AMENDING THE LIMITATION ON COMPENSATORY TIME FOR CERTAIN EMPLOYEES; AMENDING THE LIST OF EXEMPT EMPLOYEES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT RESOLVED BY THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Chapter 7, Compensation, of the Personnel Rules of the City of Huntsville, Texas, is hereby amended by the deletion of Subsection 4.d. as it presently exists, and by the adoption of a new subsection 4.d. that shall read as follows: d. Limitation on Compensatory Time. If any employee requests and accrues compensatory time, the employee cannot under any circumstances later receive pay for that accrued time. A regular employee must use all compensatory time within the same pay period that it is accrued; Exempt employees receiving compensatory time forfeit all accrued compensatory time not used before January 1. Use of all compensatory time must be approved in advance by the Department Director. Section 2: Chapter 7, Compensation, of the Personnel Rules of the City of Huntsville, Texas is hereby amended by the repeal of Chart 7.3 Exempt Employees as it presently exists, and by the adoption of a new Chart 7.3 that shall read as follows: Chart 7.3 Exempt Employees Salaried Employees Superintendent I Superintendent II Programmer II Supervisor V Supervisor IV Inspector III Librarian Project Coordinator Tax Assessor/Collector Planner II Assistant to Director of Engineering Design Associate Judge Open-Salaried Employees City Attorney City Secretary Municipal Court Judge City Manager Director of Planning Director of Internal Services Director of Public Works Director of Community Development Director of Public Safety Director of Finance Director of Public Utilities Director of Engineering Design Section 3: This Resolution shall take effect immediately and be in force from and after its passage, and it i so resolved. PASSED AND APPROVED this�U day of =1 1985. THE CITY OF HUNTSVILLE, TEXAS B y HT1 ne Monday, Mayor ATTEST: ihDeSh14Ci ecretary APPROVED AS TO FORM: S� Y Scott Bounds, City Attorney CHAPTER 1 COMPENSATION Section 1. Basis The City Manager shall prepare and administer a comprehensive compensation plan for City employees subject to City Council approval. Employees shall be paid salaries or wages in accordance with the compensation plan, whict shall include one or more salary schedules. In positioning classes on salary schedules, consideration shall be given to prevailing rates of pay among public and private employers; the duties, responsibilities, and qualifications required of employees in the classes; and other relevant factors. Section 2. Administration of Ran a/Step Salary Schedules Range/step salary schedules shall be administered in accordance with the following rules: a. A new employee shall normally be compensated at the minimum step of the approved salary range. In exceptional circumstances, the City Manager may authorize hiring above the minimum step. If such authorization is based on general recruitment difficulties rather than on unique qualifications of the new employee, pay for that job description shall, with City Council approval, be increased to assure that other employees with the same job description are not compensated less than the new employee. b. A newly promoted employee shall ordinarily be compensated at the lowest step of the approved range which would provide an increase in pay over that received in the previous class. A newly promoted employee may be paid at a higher step depending upon eligibility for future step increases at his prior position. An employee being laterally transferred shall ordinarily continue to receive the same salary and shall retain the same eligibility date for pay increases. C. Merit increases within ranges may be granted as specified in the compensation plan upon recommendation of department heads and approval by the City Manager. Careful consideration to the ability and production record of each employee shall be given before such step increases are granted. An employee in probationary status shall NOT be eligible for merit increases. 1L d. No employee shall be paid more than the rate es- tablished in the approved compensation plan; except an employee, whose job was downgraded by reclassification or changes in the labor market through no fault of the employee, may continue to receive his or her former rate of pay until a rate on the new salary range equals or surpasses the old rate or the employee's job changes. e. An employee voluntarily or involuntarily demoted for any reason shall be compensated on a step of the new range as administratively determined. f. A former employee reinstated pursuant to provisions } of these rules shall be compensated on a step of the approved range as administratively determined. g. Open salaried positions shall include those posi- tions appointed by City Council. Department Directors and employees in open salaried positions will be compensated as determined by City Council upon recommendation of the City Manager. S,ection 3. Overtime a. Regular Employees Overtime, when ordered, shall be allocated as evenly as possible among all employees qualified to do the work. Employees will work overtime only at the discretion of the supervisor or Department Director. Overtime pay is owed only when an employee actually works more than forty hours in one work week. Overtime shall be compensated by pay at one and one-half (1.5) times the employee's regular hourly pay rate. Management shall not require an employee to take time off from his regular work schedule due to his having worked overtime. b. Certain Administrative Employees Exempt employees (executive, administrative, supervisory, and professional status employees) who are not in open salaried positions shall, at the Department Director's discretion, be compensated for overtime by pay at the employees regular hourly pay rate. See Chart 7.3, Exempt Employees. 12 Chart 7,3 Exempt Employees Salaried Employees Superintendent I Superintendent II Programmer II Supervisor V Supervisor IV Inspector III Librarian Project Coordinator Tax Assessor/Collector Planner II Assistant to Director of Engineering Design Associate Judge Open-Salaried Employees City Attorney City Secretary Municipal Court Judge City Manager Director of Planning Director of Internal Services Director of Public Works Director of Community Development Director of Public Safety Director of Finance Director of Public Utilities Director of Engineering Design 13 C. 0_pen Salaried Employees Exempt employees who are in open salaried positions do not receive any compensation for overtime. They are expected to work as many hours as necessary to complete their work. See Chart 7.3, Exempt Employees. Section 4. Compensatory Time a. Regular Employees A regular employee qualified to receive extra pay for overtime may, only with approval of the Department Director, elect to receive compensatory time off in lieu of extra pay. A11 compensatory time will be accrued at a rate of time and one-half. b. Certain Administrative Employees Exempt employees qualified to receive pay for overtime may, only with approval of the Department Director, elect to receive compensatory time off in lieu of pay. All compensatory time for more than forty hours in one week will be accrued at a rate of straight time; compensatory time cannot be accrued unless the person works for more than forty hours in one week. C. Open Salaried Employees Exempt employees who are in open salaried positions may not accrue compensatory time. d. Limitation on Compensatory Time If any employee requests and accrues compensatory time, the employee cannot under any circumstances later receive pay for that accrued time. A regular employee must use all compensatory time within the same pay period that it is accrued. Exempt employees receiving compensatory time forfeit all accrued compensatory time not used before January 1. Use of all compensatory tiine must be approved in advance by the Department Director. 14 Section 8. Pre-deprivation Hearings a. Prior to taking any disciplinary action under Sections 4, 5, 6 or 7 above, a written notice of the proposed disciplinary action describing the employee's alleged deficiency or infraction shall be given to the employee subject to the disciplinary action. If the employee is absent without leave, notice of disciplinary action shall be mailed to the employee at his last known address by certified mail, return receipt requested. The notice shall establish the time for a pre-disciplinary hearing. (See Chapter 8, Section 8. Absence without Leave (Lost Time)) b. 0n the second working day following notice of the proposed disciplinary action, the employee's supervisor shall conduct a pre-deprivation hearing. At the pre-deprivation hearing, the supervisor shall review the written charges and explain the evidence related to them. At that hearing, the employee ayainst whom the disciplinary action is proposed shall be entitled to present an oral and written response. C. An employee may not be suspended, demoted or terminated until the completion of the pre-deprivation hearing. If the supervisor perceives a significant hazard in keeping the employee on the job, the supervisor may suspend the employee with pay pending the pre-deprivation hearing. d. Upon completion of the pre-deprivation hearing, the Supervisor may withdraw, amend, or issue the notice of disciplinary action. Section 9. Appeal of Disciplinary Action to City Manager a. Formal disciplinary action taken under this Chapter may be appealed in writing directly to the City manager within five working days following notice of the action. b. The action may be stayed pending decision on the appeal or may take effect at any time after issuance of the notice as determined by the City Manager, 30 C. Upon request, an employee against whom disciplinary action is taken shall be entitled to present a written response to said action and to appear personally before the City Manager, with or without counsel. All parties shall have the opportunity to present and cross examine witnesses who appear. The City Manager, following careful investigation, shall have broad authority to approve, disapprove, modify, increase, or rescind any disciplinary actions taken or proposed. The City Manager shall render a final written decision within ten (10) days of the close of the hearing. Section 10. Appeal of Certain Disciplinary Action to Cia Council a. An employee who, after appeal to the City Manager, is terminated or is suspended without pay for five (5) working days or more, may file a written petition with the City Secretary requesting a hearing on such personnel action within ten (10) days after the City Manager's decision. b. The petition shall contain the employee's signature his home address and a statement indicating whether he wants a public or private hearing. C. If timely filed, the Council shall hold a hearing not less than six (6) days or more than twenty (20) days from such petition. d. Notice of the hearing date shall be given to the employee either by personal service or by certified mail , return receipt requested, through the City Secretary at least five (5) days prior to hearing date. P. All hearings shall be held at the City Hall of the City of Huntsville. f. City Council shall render a written decision within ten (10) days of the close of the hearing. (Cross-reference City of Huntsville Charter Section 4.13; Ordinance No. 80-5, Codifying City of Huntsville Code of Ordinances Section 2-2 et seg.) 31 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: tz�:'l � J, RESOLUTION NO. 85-19 A RESOLUTION SUPPORTING ADOPTION OF THE NEW TEXAS WATER PLAN AT THE NOVEMBER 5, 1985 CONSTITUTIONAL AMENDMENTS ELECTION WHEREAS: rapid economic expansion and population growth are taxing the state's existing water resources to their limits; and to meet the current and mid-term needs of the state will require the construction of at least 44 new reservoirs, 200 major waste- water treatment systems and scores of large-scale flood-control projects; and WHEREAS: city governments, which historically have borne the major part of the responsibility for financing water resource facilities, will be required to carry an even greater share in the future due to reductions in federal aid; and WHEREAS: the cumulative cost of the water resource facilities that need to be provided between now and the year 2030 could approach $100 billion--an amount that far exceeds the ability of local govern- ments to finance without state assistance; and WHEREAS: the 1985 Texas Legislature approved a new proposed Texas Water Plan that, upon voter adoption, will establish a sound methodo- logy for addressing the state's diverse water problems, and create a major new role for state government in helping finance the solutions to those problems; and WHEREAS: the new Texas Water Plan will appear on the November 5, 1985 statewide constitutional amendments ballot as Amendments 1 and 2 and, if adopted, would: (1) Create a $400 million state fund to guarantee water resource bonds issued by municipal governments, thus saving city taxpayers tens of millions of dollars in interest costs; (2) Allocate $400 million in funding for state participation in the cost of oversize capacity of reservoirs and other facilities that exceed immediate local requirements, thus alleviating short-term financial strains on local govern- ments; (3) Authorize the issuance of $580 million in state bonds to be used for loans to cities and other local governments, including $190 million for water supply facilities, $190 million for wastewater projects and $200 million for flood-control facilities; and (4) Establish a state loan fund to assist farmers with the purchase of water-efficient irrigation equipment, and provide state financing for agricultural water conser- vation research programs; and WHEREAS: state legislation that will be implemented upon adoption of Amendments 1 and 2 would enhance the preservation of the state's water resources by establishing safeguards for bays and estuarine areas; providing incentives for water conservation; and by authoriz- ing the creation of voter-approved mechanisms to protect underground water supplies; and WHEREAS: voter adoption of Amendments 1 and 2 is essential to insure the state's future well-being and the continued prosperity of Texas cities; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that with this Resolution we so endorse Amendments 1 and 2 and urge their adoption by the citizens of Huntsville at the November 5 constitutional amendments election. ADOPTED THIS 8th day of October 1985. THE CITY OF HUNTSVILLE, TEXAS J Ln.nd y, Mayor ---Rutn DeShaw, City Secretary Approved as to form: S&,w&. /_ Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-20 Medical Benefit Plan&Trust 06-25-85 RESOLUTION NO. 85-20 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE CITY TO SELF-FUND HEALTH AND DENTAL INSURANCE FOR THE EMPLOYEES AND DEPENDENTS OF THE CITY OF HUNTSVILLE AND APPOINTING SMITH ADMINISTRATORS AS THE SELF-FUNDING ADMIN- ISTRATOR WHEREAS: Significant increases in insurance rates for employee and dependent coverage generated a need to research reduced coverage and self-funding as means of keeping premiums affordable; and WHEREAS: Under the self-insurance plan, an administrator examines and pays the claim for the City and stop loss insurance policies are purchased by the administrator to cover the individual stop loss and the aggregate stop loss; and WHEREAS: These policies are less expensive since the City is paying the claims to the stop loss level and all claims over this level are funded by the insurance carrier and the administrator charges a fee for handling the city's policies and paying claims; and WHEREAS: Self-insurance plans are advantageous since the excess in premium funds above the fixed cost and claims cost are returned to the city; NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Huntsville, Texas, that the City self-fund health and dental insurance for the employees and dependents and that SMITH ADMINISTRATORS be appointed as the self-funding administrator, based on the least amount of exposure or liability for the City in the event of the worst possible claims; and that Smith Administrators utilize the pre-approval of elective benefits paid out 1007 and that they pay at 507 of the normal and customary level for failure to obtain pre- approval. PASSED AND SIGNED on this the A9,ej day of 1985. THE CITY OF HUNTSVILLE, TEXAS ane Monday, Mayor RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 85-20 Medical Plan Administrators RESOLUTION NO. 85-20 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE CITY TO SELF-FUND HEALTH AND DENTAL INSURANCE FOR THE EMPLOYEES AND DEPENDENTS OF THE CITY OF HUNTSVILLE AND APPOINTING SMITH ADMINISTRATORS AS THE SELF-FUNDING ADMIN- ISTRATOR WHEREAS: Significant increases in insurance rates for employee and dependent coverage generated a need to research reduced coverage and self-funding as means of keeping premiums affordable; and WHEREAS: Under the self-insurance plan, an administrator examines and pays the claim for the City and stop loss insurance policies are purchased by the administrator to cover the individual stop loss and the aggregate stop loss; and WHEREAS: These policies are less expensive since the City is paying the claims to the stop loss level and all claims over this level are funded by the insurance carrier and the administrator charges a fee for handling the city's policies and paying claims; and WHEREAS: Self-insurance plans are advantageous since the excess in premium funds above the fixed cost and claims cost are returned to the city; NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Huntsville, Texas, that the City self-fund health and dental insurance for the employees and dependents and that SMITH ADMINISTRATORS be appointed as the self-funding administrator, based on the least amount of exposure or liability for the City in the event of the worst possible claims; and that Smith Administrators utilize the pre-approval of elective benefits paid out 1007 and that they pay at 507 of the normal and customary level for failure to obtain pre- approval. PASSED AND SIGNED on this the 2`52 of 1985. THE CITY OF HUNTSVILLE, TEXAS n, S fie Monday, Mayor v RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-21 Suspends GSU's Rate Inc.Request For 90 Days 10-22-85 RESOLUTION NO. 85-21 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, SUSPENDING THE OPERATION OF PROPOSED RATE SCHEDULES FILED BY GULF STATES UTILITIES COMPANY FOR A PERIOD OF NINETY (90) DAYS BEYOND THE DATE ON WHICH SUCH SCHEDULES WOULD OTHERWISE GO INTO EFFECT. WHEREAS, Gulf States Utilities Company did, on October 1, 1985, file a schedule of rates for electric service within the City of Huntsville, Texas, to become effective November 5, 1985; and WHEREAS, after having heard the presentation of Gulf States Utilities Company, it is the opinion of the City Council of the City of Huntsville, Texas, that such schedule of rates should be suspended for a period of 90 days from November 5, 1985, for further study, investigation, presentation of evidence and public hearing; and WHEREAS, a copy of this resolution has been provided Gulf States Utilities Company prior to its consideration by the City of Huntsville, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Pursuant to Section 43(d) of the Public Utility Regulatory Act, the operation of the Gulf States Utilities Company's proposed rate schedules filed with the City of Huntsville, Texas, on October 1, 1985, is hereby suspended for a period of 90 days from November 5, 1985, for further study, investigation, presentation of evidence and public hearing. ADOPTED by the City Council of the City of Huntsville, Texas, on this the 22nd day of October, A. D. 1985. CITY OF HUNTSVILLE, TEXAS ATTEST: / IZ J� ONDAY, ayor ��DeSha., City Secretary APPROVED AS TO FORM: J-(,ei Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-22 Parks Plan of Comprehensive Plan-Adopted 10-22-85 RESOLUTION NO. 85-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A COMPREHENSIVE PARKS AND OPEN SPACE PLAN AS AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY. WHEREAS, the City has adopted as a goal the provision of recreational areas and open spaces to meet the future needs of the community; and WHEREAS, the City Council desires to define a workable framework for identifying, reserving, acquiring and maintaining areas of open space sufficient to meet our existing and future needs and to encourage the use of open space as a guide to future development in order to maintain a desirable and aesthetically pleasing environment; and WHEREAS, the City Planning Commission of the City of Huntsville, Texas has studied, debated and recommended the adoption of such Parks and Open Space Plan; and WHEREAS, the City Council has reviewed the Parks and Open Space Plan as an element of the Comprehensive Plan at a public meeting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: THAT the Parks and Open Space Plan attached hereto as Exhibit "A" and made a part hereof for all purposes is adopted as a component of the Comprehensive Plan of the City of Huntsville, Texas; and THAT such Parks and Open Space Plan shall at all times be kept current with regard to the needs of the City of Huntsville and reflective of the official views of the City Council and shal l be reviewed annually by the City Planning Commission; and THAT said Parks and Open Space Plan shall guide the implementation of capital improvements insofar as said projects affect the physical development of the City. PASSED AND APPROVED this the 22,,J day of X70 BER , 1985. THE C Y OFHUNTSVILLE, TEXAS By ane Monda Mayor ///7 ATTEST: p / l — i z o�O�CcuJ ut DeShaw, City Secretary APPROVED AS TO FORM: Scott Bounds, Ulty Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCE-]EDULr NO 1000-05 CONTENTS OF FILE: RESOLUTION NO. 85-23 STATE OF TEXAS X COUNTY OF WALKER X KNOW ALL MEN BY THESE PRESENTS: R E S O L U T I O N A RESOLUTION BY THE HUNTSVILLE CITY COUNCIL VOTING FOR MEMBETS OF THE BOARD OF DIRECTORS OF THE WALKER COUNTY CENTRAL APPRAISAL DISTRICT. Whereas, Senate Bill 621, Section 6.03 provides for the formation of the Board of Directors for theWalkerir appointment Countyof Central Appraisal District ote entitiesein the district; the the participating taxing cast their votes HUNTSVILLE CITY COUNCIL as follows: Candidate Votes For 1. JOHN MUCK 2. LEON BELINOWSKI 3 M. B. ETHEREDGE 4. RALPH LAWSON 5. J.S. ROBINSON 6. IQIcE RQBIMSQr 7, CEQIT, Wjj T T nMC da . Approved this the 29th _ y of October 1985 Pr siding Attes� J/ VOTING ENTITLEMENT VOTING JURISDICTIONS REV. (1984) PERCENTAGE x 1000 x 7 VOTES HISD $6,888,350 56.80 3976 City of 1,807,248 14.90 1043 Huntsville City of Riverside 5,586 .05 4 City of 15,927 .13 9 New Waverly New Waverly 556,453 4.59 321 ISD Richards 53,071 .44 31 ISD County 2,800,014 23.09 1616 $12,126,649 100% 7000 Votes ^n RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 85-24 COH Employees Rescue Flood Victims RESOLUTION OF COMMENDATION NO. 85-24 WHEREAS on November 11, 1985, the Huntsville area received a deluge of rain at the morning rush hour period; and WHEREAS many areas of the City experienced high water conditions across and in proximity to our roadway systems; and WHEREAS the intersection of U. S. Highway 75 North and Farm-to-Market 2821 was one such location of high water, rushing at particularly rapid rate; and WHEREAS a motorist with a small child in her vehicle became entrapped in the flood water and therefore endangering both of their lives; and WHEREUPON three City employees driving nearby observed the danger and effected the rescue of the two citizens; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, that RUSSELL HUMPHREY, HENRY MURRAY and KARL CRAWFORD be commended for their quick action and devotion to duty as citizens and public employees in the service that they rendered. DULY PASSED by unanimous vote of the City Council of the City of Huntsville, Texas, on the 17th day of December, A. D. 1985, in the City of Huntsville, Texas, as attested to by the hand and seal of the City. THE CITY OF HUNTSVILLE, TEXAS i By7 17.nMouday, ayor A (—Ruth DeS aw, City Secretor l RECORDS SERIES TITLE: Ordinances, Orders, Resol SCHEDULE NO. : 1000-05 CONTENTS OF FILE: Resolution 85-25 Jerry Nemec Retirement G RESOLUTION OF COMMENDATION NO. 85-25 WHEREAS Mr. Jerry Nemec has served for thirty-two years as Resident Engineer in Huntsville, Texas, and WHEREAS, during his tenure, the transportation system of Texas, this Region, District 17, and most especially Huntsville and Walker County, has undergone a major metamorphosis from rudimentary highways and rural roads to a thoroughly modern highway system; and WHEREAS the City of Huntsville and its citizenry have received an incalculable benefit from the leadership, expertise and personal attention of Mr. Nemec in deriving the first class arteries, Farm-to- Market roads and Interstate Highways that serve our City; and WHEREAS in addition to his career responsibilities, Mr. Nemec has given generously of his time, talents and energies to service on the City Planning Commission, Comprehensive Plan Committee and numerous other civic endeavors; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville that JERRY NEMEC be recognized and and commended as an OUTSTANDING CITIZEN in honor of his accomplishments and upon the occasion of his retirement from the service of the Highway Department. DULY PASSED by unanimous vote of the City Council of the City of Huntsville, Texas, on the 17th day of December, A. D. 1985, in the City of Huntsville, Texas, as attested to by the hand and seal of the City. THE CITY OF HUNTSVILLE, TEXAS BY irr,• ��^:f JAN MONDAY, Mayor T ATTEST-— uth DeShaw, City Secretary ^ RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION NO. 86-1 WHEREAS, the governing body of the City of Huntsville, Texas, recognizes the need to maintain a strong local economic development program involving representatives of both the private and public sectors; and WHEREAS, the City of Huntsville, Texas, wishes to participate in the Texas Cities for Economic Leadership Program (TEXCEL) administered by the Texas Economic Development Commission (TEDC); THEREFORE, BE IT RESOLVED THAT the City of Huntsville authorizes the submission of an application for participation in the Certification Program under TEXCEL; Designates Roy Williams, President, Huntsville-Walker County Chamber of Commerce, as the TEDC contact throughout the application process; Commits to designate or hire a local economic development coordinator in the event the City is selected as a TEXCEL participant; And commits sufficient travel funds to attend all required TEXCEL functions. APPROVED this 14th day of January, 1986. THE CITY OF HUNTSVILLE, TEXAS By Jane`Monday, Mayor ATTEST: �DeSha.,. �h City Secretary APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 86-2 Parks Advisory Board 02-11-86 RESOLUTION NO. 86- 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REVISING RESOLUTION 82-6, CREATING A PARKS ADVISORY BOARD, TO PROVIDE A MORE ORGANIZED OPERATIONAL SYSTEM. WHEREAS the Huntsville City Council is aware and concerned about the recreational facility needs of the citizens of the community of Huntsville and desires to devote the necessary attention to the existing facilities to assure their continued optimum service to the recreation of its citizens; and WHEREAS the Mayor and City Council are of the opinion that citizen input would be a great asset to their delivery of these services and that it would be advantageous to create a Parks Advisory Board for the City of Huntsville; and WHEREAS the City Council created a Parks Advisory Board by Resolution No. 82-6; and WHEREAS the City Council now desires to revise the original resolution to provide a more organized operational system; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: There shall be a City Parks Advisory Board consisting of seven members appointed by the Mayor with approval of Council and one permanent member. The permanent member shall be the Superintendent of Schools for the Huntsville Independent School District or a designated representative of the Superintendent. The seven appointed members shall be appointed during the month of January. Each member shall be a resident of the City. Section 2: The members of the Board shall be identified by place numbers one (1) through eight (8). Places one (1), two (2), and three (3) shall be appointed for a term of three years; places four (4) and five (5) shall be appointed for a term of two years, and places six (6) and seven (7) shall be appointed for a term of one year. Thereafter, all members shall be appointed for a term of three years. Position 8 shall be permanently reserved for the Superintendent of Schools. Section 3: Should a vacancy occur, the Mayor, with approval of Council, shall appoint a person to complete the unexpired term of such position. Section 4: The Board shall hold at least one regular meeting every three months (each quarter) beginning in January. Section 5: The Board shall elect a Chairman who shall serve as presiding officer for a period of one year. The Chairman shall vote in all matters considered by the Board, but shall have no veto power. Section 6: Any four (4) "voting members" of the Board present shall constitute a quorum to conduct business. Section 7: The Director of Planning shall serve as ex officio secretary of the Board and shall keep minutes, books, files and other records of the Board and perform such other duties as are incidental to the office. Section 8: The responsibilities of the Parks Advisory Board shall be as follows: (1) The Board shall advise the City on the needs of the parks facilities and make suggestions for the future development of the parks and recreation system of the City. (2) The Board shall perform other duties that may be specifically assigned to it by the City that may have a bearing on the development and operation of the parks and recreational system of the City. Section 9: This resolution shall take effect immediately upon its adoption by the City Council. APPROVED this 11th day of February 1986. THE CITY OF HUNTSVILLE, TEXAS �I By Jan Monday, Mayor ATTE DeShaw, i y Ser ary APPROVED AS TO FORM: Scott ounds, City A RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: n 1111 J RESOLUTION NO. 86-4 WHEREAS: The City of Huntsville is now the home of a very special new park called the "GILLASPIE SESQUICENTENNIAL PARK", located on the Mance Park Junior High School campus adjacent to the Sam Houston Grave; and WHEREAS: This park is a direct result of the efforts of the Mance Park Junior High School Student Councils of 1983-1984 and 1985-1986 in cooperation with their principal, Clayton Waits, their sponsor, Mrs. Kay McAlister, with support from other students, teachers, community leaders and merchants; and WHEREAS: The Gillaspie Sesquicentennial Park enhances the historical monument there which was erected as a centennial project in 1936 to honor the Huntsville men who had served Texas during the Texas Revolution, the Mexican War of 1845, and the Civil War; and WHEREAS: The City Council of the City of Huntsville recognizes this project not only as an outstanding addition to our community, but also as a very fine example of what can be accomplished through the cooperation of students, teachers, community leaders, local clubs, organizations and our merchants who have joined together to create this lasting reminder of the sacrifices of our forefathers who so unselfishly served Huntsville and Texas; NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Huntsville City Council, through its Mayor, that the GILLASPIE SESQUICENTENNIAL PARK is hereby officially recognized and the Mance Park Junior High School Student Council members of 1983-1984 and 1985-1986, their principal, sponsor, fellow students, teachers, community leaders and merchants are all hereby duly commended for an extremely meaningful project very well done; and IT IS FURTHER RESOLVED that this beautiful project is visual evidence of the unselfish community service that exists in Huntsville and the very high degree of pride of home and country it represents for the citizens of this community. RESOLVED AND SIGNED on behalf of the City Council of the City of Huntsville on this the 18th day of March, 1986. THE CITY OF HUNTSVILLE, TEXAS JANE MONDAY, MAYOR RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: DLI-t?- tL RESOLUTION NO. 86- 5 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 5TH DAY OF APRIL, 1986, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR AT LARGE POSITIONS, AND FOR THE PURPOSE OF VOTING ON EIGHT (8) AMENDMENTS TO THE CHARTER OF THE CITY OF HUNTSVILLE; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS, pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 8th day of April, 1986, proceeded to canvass the returns of the Regular Municipal Election held in the City on the 5th day of April, 1986, for the purpose of electing four Councilmembers, one from each of the City's at-large positions; and for the purpose of voting on eight (8) amendments to the City's Charter; and WHEREAS said Election was held under and pursuant to the provisions of Ordinances No. 86-3 calling said Election; and WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at the Election were as follows: FOR COUNCILMEMBER AT-LARGE, POSITION ONE 0. EUGENE BARRETT . . . . . . . . . . 1040 JANET FAIR . . . . . . . . . . . . . 938 WRITE-INS . . . . . . . . . . . . . . 4 FOR COUNCILMEMBER AT-LARGE, POSITION TWO ILA G. GAINES . . . . . . . . . . . . 1041 JIM CARTER . . . . . . . . . . . . . 949 WRITE-INS . . . . . . . . . . . . . . 2 FOR COUNCILMEMBER AT-LARGE, POSITION THREE STEPHEN E. DAVIS . . . . . . . . . . 1564 WRITE-INS . . . . . . . . . . . . . . 45 FOR COUNCILMEMBER AT-LARGE, POSITION FOUR BILL GREEN . . . . . . . . . . . . . 1563 WRITE-INS . . . . . . . . . . . . . . 55 • • CHARTER AMENDMENT NO. 1 TO AMEND § OF THE CITY CHARTER TO REQUIRE THAT THE MAYOR AND EACH COUNCILMEMBER BE A QUALIFIED AND "REGISTERED" VOTER OF THE STATE OF TEXAS INSTEAD OF A "QUALIFIED" VOTER OF THE STATE OF TEXAS. FOR . . . . . . . . . . . . . . . 1645 AGAINST . . . . . . . . . . . . . . . 133 CHARTER AMENDMENT NO. 2 TO AMEND § 4.09 OF THE CITY CHARTER TO REQUIRE THAT THE MAYOR AND EACH COUNCILMEMBER FILE A WRITTEN NOTICE OF A CONFLICT OF INTEREST IF THEY ABSTAIN FROM VOTING. FOR . . . . . . . . . . . . . . . 1500 AGAINST . . . . . . . . . . . . . . . 275 CHARTER AMENDMENT NO. 3 TO AMEND § 4.19 OF THE CITY CHARTER TO REQUIRE THE MAYOR AND COUNCIL TO FILL VACANCIES IN THE OFFICE OF COUNCILMEMBER BY SPECIAL ELECTION RATHER THAN BY APPOINTMENT. FOR . . . . . . . . . . . . . . . 1456 AGAINST . . . . . . . . . . . . . . . 363 CHARTER AMENDMENT NO. 4 TO AMEND § 6.02 OF THE CITY CHARTER TO CHANGE THE DATE OF RUN-OFF ELECTIONS FROM THE THIRD TUESDAY FOLLOWING THE ELECTION TO A SATURDAY WITHIN THIRTY DAYS FOLLOWING THE ELECTION. FOR . . . . . . . . . . . . . . . 1431 AGAINST . . . . . . . . . . . . . . . 287 CHARTER AMENDMENT NO. 5 TO AMEND§ 7.03 OF THE CITY CHARTER TO CHANGE ALL REFERENCES TO "POLL TAX RECEIPT OR EXEMPTION CERTIFICATE SERIAL NUMBERS" TO "VOTER REGISTRATION NUMBERS". FOR . . . . . . . . . . . . . . . 1482 AGAINST . . . . . . . . . . . . . . . 214 CHARTER AMENDMENT NO. 6 TO AMEND § 11.16 OF THE CITY CHARTER TO REQUIRE PUBLICATION OF THE SALE OF BONDS AT LEAST FOURTEEN DAYS PRIOR TO THE SALE. FOR . . . . . . . . . . . . . . . 1599 AGAINST . . . . . . . . . . . . . . . 97 CHARTER AMENDMENT NO. 7 TO REPEAL §§ 14.01 AND 14.01A OF THE CITY CHARTER PROVIDING FOR INTERIM GOVERNMENT AND INTERIM BUDGET FROM NOVEMBER 1972 TO MARCH 1, 1973. FOR . . . . . . . . . . . . . . . 1239 AGAINST . . . . . . . . . . . . . . . 326 CHARTER AMENDMENT NO. 8 TO REPEAL § 14.22 OF THE CITY CHARTER REQUIRING ALL COURTS TO TAKE JUDICIAL NOTICE OF THE CITY CHARTER WITHOUT PRIOR PROOF. FOR . . . . . . . . . . . . 1211 AGAINST . . . . . . . . . . . . 389 AND WHEREAS the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest has been filed with said Council or instituted in connection with said Election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. 0. Eugene Barrett received a majority of the votes cast at said election for the office of Councilmember At-Large, Position One, and accordingly, 0. Eugene Barrett is hereby declared elected to the office of Councilmember At-Large, Position One, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 2. Ila G. Gaines received a majority of the votes cast at said election for the office of Councilmember At-Large, Position Two, and accordingly, Ila G. Gaines is hereby declared elected to the office of Councilmember At-Large, Position Two subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. Section 3. Stephen E. Davis received a majority of the votes cast at said election for the office of Councilmember At-Large, Position Three, and accordingly, Stephen E. Davis is hereby declared elected to the office of Councilmember At-Large, Position Three subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4. Bill Green received a majority of the votes cast at said election for the office of Councilmember At-Large, Position Four and accordingly, Bill Green is hereby declared elected to the office of Councilmember At-Large, Position Four subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 5. Charter Amendment No. 1 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 4.02 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 4.02. QUALIFICATIONS. At the time of his election to office and during his tenure of office, each member of the Council shall be a citizen and a qualified and registered voter of the State of Texas and the City of Huntsville and, if he be a Councilmember from a specific Ward, a resident of such Ward. No member of Council shall have resided in the City for less than 12 months next preceding the election and no member shall be less than 21 years old. No member of the council shall be indebted to the City or be delinquent in the payment to the City of any tax or assessment. No member of the Council shall hold any other office or employment under the City government while he is a member of the Council, nor shall he hold any paid employment under the City government within two years thereater. A member of the Council ceasing to possess any of the foregoing qualifications shall immediately forfeit his office. Section 6. Charter Amendment No. 2 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 4.09 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 4.09. ABSTENTIONS. The Mayor and each member of the Council in attendance at the Council meeting shall vote on every issue that a vote is called unless that person declares a conflict of interest and files an affidavit stating the nature and extent of the interest. A person who fails or refuses to vote without filing the affidavit describing the conflict of interest shall be recorded as having cast a negative vote. Section 7. Charter Amendment No. 3 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 4.19 of the City Charter of the City of Huntsville, Texas, is amended to read: • 0 SECTION 4.19. VACANCIES IN THE OFFICE OF COUNCILMEMBER. Vacancies in the office of Councilmember arising from any cause shall be filled for the remainder of the unexpired term at an election not less than sixty (60) days after the occurrence of the vacancy. A special election shall be called in the manner provided for City general elections to elect successors to fill such unexpired terms. Any person elected to fill a vacancy in the office of Councilmember shall possess all of the qualifications herein required for the office. Section 8. Charter Amendment No. 4 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 6.02 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 6.02. RUN-OFF ELECTIONS. In the event any candidate for Mayor or Councilmember fails to receive a majority of all votes cast for his particular office at any regular or special election, the Mayor or, if he fails to do so, the Council shall on the first day following the completion of the official count of ballots cast at the first election, order a second election to be held on a Saturday within thirty (30) days following the date of such order, at which election the two candidates receiving the highest number of votes cast for such particular office in the first election, at which no one was elected to such office by receiving a majority of all votes cast for all candidates for such particular office, shall again be voted for, and the one receiving the highest number of votes cast shall be elected to such office. The City Secretary shall give notice of such run-off election by causing said notice to be published at least ten days prior to the date of such election in the official newspaper of the City. Section 9. Charter Amendment No. 5 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 7.03 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 7.03. FORM OF PETITIONS. Initiative petition papers shall contain the full text of the proposed legislation in the form of an ordinance, including a descriptive caption. Referendum petition papers shall contain a sufficient description of the ordinance sought to be referred to identify it, or if the ordinance has been passed by the Council, the full text of the ordinance sought to be referred shall be included in such papers. For a petition signature to be valid, a petition must contain, in addition to the signature, the printed name of the signer, the signer's voter registration number, the signer's residence address, the signer's ward or precinct number, and the date of signing. No signature shall be counted where there is a reason to believe it is not the actual signature of the purported signer or that it is a duplication either of name or of handwriting used in any other signature on the petition. Before the signatures on any petition paper may be counted, one of the signers of such petition paper, a qualified voter, shall make oath before the City Secretary or any other officer competent to administer oaths, that the statements made therein are true, that each signature to the paper appended is a genuine signature of the person whose name purports to be signed thereto, and that such signatures were placed thereon in his presence. Section 10. Charter Amendment No. 6 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 11.16 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 11.16. SALE OF BONDS. All bonds issued by the City shall be sold at public sale upon sealed bids after at least fourteen days notice thereof has been published at least once in a publication carrying municipal bond notices and devoted primarily to financial news, and at least fourteen days notice thereof has been published at least once in the official newspaper of the City. Such sealed bids must be opened at a meeting of the Council. No bond, otehr than refunding bonds issued to refund and in exchange for previously issued outstanding bonds, issued by the City shall be sold for less than par value and accrued interest. All bonds of the City having been issued and sold in accordance with the terms of this Section, and having been delivered to the purchaser threof, shall tehreafter be incontestable, and all bonds issued to refund and in exchange for outstanding bonds previously issued shall, after said exchange, be incontestable. Section 11. Charter Amendment No. 7 was approved by a majority of the votes cast at said election on said amendment and, accordingly, §§ 14.01 and 14.01A of the City Charter of the City of Huntsville, Texas, are repealed. Section 12. Charter Amendment No. 8 was approved by a majority of the votes cast at said election on said amendment and, accordingly, §§ 14.22 of the City Charter of the City of Huntsville, Texas, is repealed. Section 13. City Council finds that the notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling the Election, and that said Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the Election, and in all things according to the law. Section 14. This resolution shall take effect immediately from and after its passage. APPROVED this the 8th day of April, 1986. THE C TY OF HUNTSVILLE, TEXAS By J MONDAY, Its Mayor h e iaw, City Secre ary APPROVED AS TO FORM: V Scott B and , City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 86-6 Probation- 12 Months For Comm.Officers 05-06-86 RESOLUTION NO. 86— 6 WHEREAS April 21, 1986, has been officially designated as the State Holiday commemorating the 150th Birthday of our beloved Texas; and WHEREAS it is fitting and proper that San Jacinto Day was designated for this milestone observance due to the importance of the victory by the Army of Texians over the Mexican Army that secured our independence; and WHEREAS as Huntsville was the hometown of General Sam Houston, Commander of the Texas Army and subsequently President of the Republic of Texas; and WHEREAS many of our local residents and school children will be participants in the official State celebration at the San Jacinto Battlefield and Monument which will commemorate our Sesquicentennial; and WHEREAS although the City of Huntsville personnel policies designate a very specific and limited number of official holidays; and WHEREAS official action by City Council is necessary to suspend these rules temporarily to amend the policy to add one official holiday for this year only. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Huntsville, Texas, that April 21, 1986, be observed as an official Holiday commemorating the heritage, sacrifices and valor of our heros of the Texas Revolution which made is possible for Texas and Texans to grow and prosper in independence and liberty over the past 150 years. DULY PASSED by the unanimous vote of the City Council of the City of Huntsville, Texas, on this the 15th day of April, 1986, as attested by the hand and seal of the City. THE CITY OF HUNTSVILLE, TEXAS By L1 J E MONDAY, Mayor ATTE . DeShaw, City Secretary APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: --:1 - . ''i I S (,L//Q'`1-j' RESOLUTION NO. 86-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL POLICIES OF THE CITY OF HUNTSVILLE, TEXAS, TO REQUIRE TWELVE MONTH PROBATION FOR COMMUNICATIONS OFFICERS; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Chapter 4, Nondisciplinary Probation, of the Personnel Policies of the City of Huntsville, Texas, is hereby amended by the repeal of Section 1., Probationary Period, and by the adoption of a new Section 1 that shall read as follows: Section 1. Probationary Period. a. Except as provided in subsection b, every person initially appointed to or promoted in the City personnel system under a regular appointment below Pay Grade IX shall be required to successfully complete a probationary period of six (6) months. b. Every person initially appointed to or promoted in the City personnel system under a regular appointment in Pay Grade IX or above, or to the position of Communications Officer, shall be required to successfully complete a probationary period of twelve (12) months. Section 2: This resolution shall take effect immediately from and after its adoption. Any person appointed to a position of Communications Officer who has not successfully completed six (6) months probation shall be required to complete twelve (12) months probation. PASSED AND APPROVED on this 6th the day of May, 1986. THE CITY OF HUNTSVILLE,II TEXAS By GcIC Jane Monday, Mayor ATTEST: �ec�tary uthDeSh , APPROVED AS TO FORM: SM10( eol_ - Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION NO. 86-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING LITTER ENFORCEMENT PROGRAM CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION. WHEREAS, the State Department of Highways and Public Transportation has developed a Litter Enforcement Program; and WHEREAS, the goal of this program is to reduce the amount of litter through public awareness of stricter litter law enforcement; and WHEREAS, this program consists of entering into a one (1) year contract with the State Department of Highways and Public Transportation to allow the City to be reimbursed for citations issued for litter violations; and WHEREAS, it is the intent of the City of Huntsville to further reduce the amount of litter in Huntsville; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that: 1. The City initiate the City's participation in the Litter Enforcement Program. 2. The Mayor be authorized to sign an agreement with the State Department of Highways and Public Transportation providing for reimbursement to the City for the issuance of tickets related to Litter Law Enforcement. ADOPTED by the City Council of the City of Huntsville this v? day of �i 1986. THE CITY OF HUNTSVILLE, TEXAS By_ J e Monday, Mayor / ATTEST- �uth DeShaw, City Secretary APPROVED AS TO FORM: "J Cly JI u Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCI7H---DULE NO.: 1000-05 CONTENTS OF PILE: _; I / '��`_ro'til.i� !�P_1r ' 0,'"S n µ .IJ (?. RESOLUTION NO. 86-6-17.1 (No. 86-8) WHEREAS the Walker County Appraisal District Board of Directors has given notice of a vacancy on their Board of Directors due to the recent death of Mr. Leon Belinowski; and WHEREAS, pursuant to Section 6.03, Property Tax Code, each member jurisdiction may nominate a candidate to fill the vacancy subject to election by majority vote of the membership of the Appraisal District Board: NOW, THEREFORE, BE IT RESOLVED that FRED CHERRY be certified to the County Clerk as the nominee by the City of Huntsville City Council for due consideration. DULY PASSED AND RESPECTFULLY SUBMITTED this the 17th day of June, 1986, by unanimous vote of the City Council, City of Huntsville, Texas, by the Hand of the Mayor and under the Seal of the City. THE CITY OF HUNTSVILLE,'TEXAS (SEAL) 7E MONDAY, Mayor Walker County Appraisal District PPRAISAL DISTRICT BOARD _ JURISDICTIONS: CHAIRMAN Ralph Lawson VICE CHAIRMAN w.of HuruaWle John Arttidt Dry Of New Waveny P.O.60X 1798 f 18IO SYCAT40RE) SECRETARY Js ROWnsOn HUNTSVILLE,TEXAS 77340 EM hake.M.tJD. tson aeunawsw 409/2950402 Of 409/295-9188 unlmlie Iso. M8 Elhertb8e w very ISD. Joyce Rob— N RIChaIQ1 LSD. Cecil-ill walker County CHIEF APPRAISER Walker Co.H-01al DtA Glover A Cook WlnCsweq Down AtLLa DATE: June 10, 1986 TO: Voting Taxing Units of Walker County Appraisal District FROM: Walker County Appraisal District Board of Directors SUBJECT: Vacancy on Board of Directors The Walker County Appraisal District Board of Directors 'hereby gives notification to each of the voting taxing units that a vacancy has occurred on the board of directors due to the recent death of Mr, Leon Belinowski. According to Section 6.03, Property Tax Code, each voting taxing unit may nominate by resolution adopted by its governing body a candidate to fill the vacancy. Each unit shall submit the name of its nominee to the county clerk within ten days (by ) after this notification. The county clerk shallprepare and deliver to the board of directors a list of the nominees within the next five days (by June 25, 1986 )• The board of directors shall elect by majority vote of its, members one of the nominees to fi the vacancy G Chairmfan cc Voting Taxing Units of Walker County Appraisal District: Huntsville ISD City of Huntsville City of Riverside City of New Waverly New Waverly ISD Richards ISD Walker County -An Equal Opportunity Employer f City of Huntsvi e "TO BUILD AND SERVE A BETTER COMMUNITY- HUNTSVILLE,TEXAS 77340 1212 AVE M.-00bXMXX (713)295-6471 June 18, 1986 Mr. James Patton County Clerk Walker County P. 0. Box 210 Huntsville, Texas 77340 Dear Mr. Patton: In formal City Council action last evening, the attached Resolution No. 86-8 was adopted unanimously which nominates Mr. Fred Cherry to fill the vacancy created on the Central Appraisal District Board by the death of Mr. Leon Belinowski. The Council felt strongly that the New Waverly area and that section of Walker County should be represented on this Board. The City Council wishes to go on record as being in support of the concept and philosophy of jurisdictional representation. In the future, when the opportunity again presents itself for the City Council to make a nomination to this Board, it will propose a nominee that will help to insure a balanced jurisdictional representation. 5'E , /0'�17 ay Mayor JM:rd Attachment cc: Mr. Grover Cook Chief Appraiser Mr. Ralph Lawson, Chairman Central Appraisal District Board RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCI-IEDULE NO.: 1000-05 CONTENTS OF FILE: JL Z ��Yi 15r�z. f Lti rr i�1�1t t RESOLUTION NO. 86-9 WHEREAS during the last two and one-half years Mr. Joe Larrison has served the Huntsville Community as Manager of the local Entex Gas Utility Company; and WHEREAS prior to his tour of duty as Manager, Mr. Larrison worked throughout the company organization, providing natural gas service to many of our citizens; and WHEREAS such service to the community often times goes unrecognized but is never without notice of those who enjoy the benefits of warmth in their homes, cooked food on their tables, and hot water made possible by the "blue flame"; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntsville, Texas, that JOE LARRISON be congratulated on his retirement from service with Entex and that he be commended for his outstanding personal service rendered to this Community throughout his career. UNANIMOUSLY PASSED AND APPROVED this the 24th day of June, A.D. 1986, and to certify which is affixed the Seal of the City and the Hand of the Mayor. THE CITY OF HUNTSVILLE, TEXAS (SEAL) JANE MONDAY, Mayor RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 86-10 Amends Chapter 7 of Personnel Policies 07-29-86 r RESOLUTION NO. 86-10 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 7, COMPENSATION, OF THE PERSONNEL POLICIES OF THE CITY OF HUNTSVILLE, TO ALTER THE COMPENSATORY TIME RULES, AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the City amended its compensatory time rules following the Supreme Court's decision in Garcia v San Antonio Metropolitan Transit Authority; and WHEREAS Congress has subsequently enacted legislation altering the impact of the Court in Garcia; •and WHEREAS the U. S. Department of Labor has now issued overtime regulations implementing those changes in the Fair Labor Standards Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Chapter 7, Compensation, of the Personnel Rules of the City of Huntsville, Texas, is hereby amended by the repeal of Section 4, Compensatory Time, as it presently exists, and by the adoption of a new Section 4 that shall read as follows: Section 4. Compensatory Time. a. Regular Employees A regular employee qualified to receive extra pay for overtime may, eA4y with approval of the Department Director, elect to receive compensatory time off in lieu of extra pay. All compensatory time will be accrued at a rate of time and one-half. Compensatory time cannot be accrued unless theep rson receives pay for more than forty hours in eek. b. Certain Administrative Employees Exempt employees qualified to receive extra pay for overtime may, ep4y with approval of the Department Director, elect to receive compensatory time off in lieu of extra pay. All compensatory time will be accrued at a rate of straight time. Compensatory time cannot be accrued unless the person receives pay werks for more than forty hours in one week. C. Open Salaried Employees Exempt employees who are in open salaried positions may not accrue compensatory time. d. Limitation on Compensatory Time if any emp4eyee requests and aeerues eempeRsatery t4rRe; the emp4eyee eannot ender any e4reumstanees 4ater weee4ve pay for that aeerued t4FRe: An eFRp4eyee rust use a44 eeRFpeRsatery t#FRe w4th4n the saFRe pay per4ed that 4t #s aeerued: The maximum amount of com ensator time that employee accrue and accumulate is fort 40 hours. If an employee has accrued a balance of forty 40 hours compensatory time, overtime must be paid in cash. Compensatory time leave shall be authorized within a reasonable time. Use of all compensatory time must be approved in advance by the Department Director. Accrued balances of compensatory time at the termination of employment shall be paid at a rate not less than the average pay rate received tZ such employee over the last three years employment or the employee's final regular pay rate, whichever is higher. Section 2: This resolution shall take effect immediately from and after its passage by City Council. . PASSED AND APPROVED this the ;?9 day of �' 1986. THE CITY OF HUNTSVILLE, TEXAS By— L,"_ N /,", Ja Monday, Mayor ATTEST- - DeShaw, City Secretary APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: ;i- Cal dI1.,1 `1G;-t 1 RESOLUTION NO. 86-11 WHEREAS the Optimist Club of Huntsville has begun a campaign to encourage the entire community to join them in the Fight Against Drugs; and WHEREAS the Club is beginning their Fight Against Drugs with a special fund raising effort by sponsoring a spaghetti dinner that will feature celebrity waiters; and WHEREAS the proceeds derived from this fund raising effort will be used to finance the Anti-Drug Campaign sponsored by the Club; and WHEREAS the Youth of our Community will be the focal point of the Optimist Club's Anti-Drug efforts in conjunction with parents,police and especially peer group participation to help save our children from this menace. NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Huntsville, Texas, that all citizens become involved in the Fight Against Drugs in our community through efforts like those of the Optimist Club. All citizens are encouraged to participate by buying dinner or becoming involved in some other way in this cause. DULY PASSED by unanimous vote of the City Council, City of Huntsville, this the 16th day of September, 1986. CIT OF HUNTSVILLE, TEXAS gy co e and y, Mayor ATTEST: 406haw, City�Secret�ary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCI4EDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION NO. 86-12 WHEREAS Mr. Curtis Morris is retiring from a very active and productive t' professional career with Sam Houston State University; and WHEREAS, during his professional career, he has consistently answered the call of his community to lend his special expertise and dedicated efforts in voluntary service; and WHEREAS, from December 6, 1965, until October 1, 1981, Mr. Morris served on I the City of Huntsville Planning Commission via appointments by Mayors Raymond Wright, Ben Blalock and Morris Waller; and served as Chairman of the Commission for six of his sixteen years of service; and WHEREAS, during his term of voluntary service with the City, Mr. Morris participated in numerous milestone studies and projects such as: Surface Water Supply for the City from T.R.A.; East andNorth Loop Transportation Arteries 1972 B.J.I. Master Plan with draft Subdivision and Zoning Ordinances; City Hall Siting Study; Public Improvement Construction Standards; Town Branch Drainage Study; Mobile Home Park Ordinance; Future Landfill Study; L.A.N. Traffic Study Plan; and Geometric Street Standards Study; I and WHEREAS, upon stepping down from the position held for the sixteen years that encompassed a period of rapid growth and development in the City, Mr. Morris accepted appointment (four years) to a special Utilities Master Plan Committee of the Comprehensive Plan Effort which culminated in the adoption of the first Comprehensive Plan in Huntsville history; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that MR. CURTIS MORRIS be singularly recognized and commended for his 20-year total of distinguished voluntary service to his community that he so selflessly gave contemporaneously with his professional career contribution to Sam Houston Sta`e University. Our congratulations and heartfelt thanks go out to Curtis and his lovely wife, Elizabeth, on the occasion of his retirement. E PASSED AND APPROVED on this the 16th day of September, A.D. 1986. ! THE CITY OF HUNTSVILLE, TEXAS By Ja onday, Mayor ATTEST: i i h DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION NO. 86-13 WHEREAS since the early years of the founding of The Republic of Texas and annexation to Statehood, Huntsville has been a cornerstone of the rest of the State in leadership, education and criminal corrections; and WHEREAS in a deal cut at the highest levels, Huntsville was accorded the distinction of hosting the only State agency to be headquartered outside of Austin when that burg (Austin) was designated as the State Capitol in deference to its senior sister city (Huntsville); and WHEREAS Huntsville has always been proud to be the home of the correctional system for the State of Texas and the Criminal Justice Center on the campus of Sam Houston State University; and WHEREAS the City of Huntsville appreciates the efforts of Sam Houston State University to recognize the importance of the Texas Department of Correction and its employees and staff to the community by designating Saturday, September 27, 1986 as PUBLIC EMPLOYEES DAY on the campus with special recognition of all T.D.C. personnel at the football game on Saturday night; and WHEREAS, at a time when other cities across the State are protesting the siting of correctional units in or near their communities, the City of Huntsville wants to underscore our desire to keep Huntsville as the home of T.D.C. and encourage the State of Texas and the Prison Board to continue to develop the property already under their ownership in Walker County in order to maximize the operational efficiency that would result from further centralization. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that the TEXAS DEPARTMENT OF CORRECTIONS AND EMPLOYEES be recognized and appreciation expressed for their historic and continuing contributions to their hometown in conjunction with the special recognition accorded to this group by Sam Houston State University and Staff. DULY PASSED AND APPROVED by unanimous vote on this the 23rd day of September, A. D. 1986. THE CI�Y OF HUNTSVILLE, TEXAS By z J Monday, Mayor ATTE DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: 1a:, �2 �,._l 14 RESOLUTION NO. 86-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, APPROVING A TAX ROLL WHEREAS the Appraisal District has previously submitted to the City an appraisal roll; and WHEREAS the Assessor has entered the amount of tax as provided by Property Tax Code § 26.09 in the appraisal roll; and WHEREAS the appraisal roll with amounts of tax entered as approved by the City constitutes the City's tax roll; NOW, THEREFORE, BE IT RESOLVED by the City of Huntsville, Texas, that: Section 1: The tax roll for the year 1986 is hereby approved. Section 2: This resolution shall take effect immediately from and after its passage by City Council. PASSED AND APPROVED on this the 21 St day of OC rOB Ff?, A•D. 1986. CITY OF HUNTSVILLL�E,J TEXAS By ATTEST: Ruth DeShaw, City Secretary APPROVED AS TO FORM: ,�' &:!nL Scott Boundt, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: ]000-05 CONTENTS OF PILE: �f'S1 km c 1 lel, rl- �.(� Ib—73 1C� R E S O L U T I O N WHEREAS, since 1941, J. C. "Tex" Walker has; Provided productive jobs for many people in the East Texas forest industry, and Employed professional foresters for the past twenty-five years to help the land owners of this area manage their forest lands, and WHEREAS, He is a charter member of the TRE program, and Provides quality lumber to the construction industry of Texas and surrounding areas, and Is a contributing citizen of the City of Huntsville, Walker County, and the State of Texas, and has Kept alive the true Cowboy Songs of the Old West; now therefore BE IT RESOLVED, that the Officers and Board of Directors on behalf of the members of the Texas Forestry Association, commend J. C. "Tex" Walker on his 45th Anniversary in the lumber business in Texas and wish to extend best wishes for the future, and be it further RESOLVED, that Ralph Davis, County Judge of Walker County, and Jane Monday, Mayor of the City of Huntsville, join with the Texas Forestry Association in this commendation. 0 i� Ryrd i. en , Texas Forestry Association Ralph D s, County dge, Walker o ty Ja a Monda 4maynP,'EcIty Huntsville I, Ron H. Hufford, Executive ice President of the Texas Forestry Association, certify that the above Resolution was passed by the Texas Forestry Association Board of Directors in meeting on Thursday, October 23, 1986. Ron H. Hufford, Executive Vice President, Texas Forestry Association RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 86-15 Declaratory Judgement C.M.&June Acker 10-28-86 RESOLUTION NO. 86-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING A DECLARATORY JUDGMENT ACTION AGAINST C. M. ACKER AND JUNE ACKER, AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the City of Huntsville, Texas, is a homerule municipal corporation and regulates subdivisions within the city and its extraterritorial jurisdiction under State law; and WHEREAS the City has adopted regulations presupposing that mobile home developments are subdivisions in accord with the Court's opinion in Cit of Weaco v. Car enter, 694 S.W.2d 601 (Tex.Civ.App.-C.C. 1985, writ ref'd Ln!r— ; and WHEREAS C. M. Acker and June Acker have developed a mobile home park and plan to substantially expand that mobile home park, and have advised the City that they do not consider a mobile home development as a subdivision; NOW, THEREFORE, the City Council of the City of Huntsville, Texas, resolves that: Section 1. The City Attorney is hereby authorized and directed to file an action under the Texas Uniform Declaratory Judgment Act to seek a resolution of the rights, status and/or other legal relations of the City and C. M. Acker and June Acker as they are affected by State statutes, municipal ordinances, and contracts regarding the subdivision of property or development of a mobile home park in Northgate Meadows Subdivision, and to seek such other relief as is appropriate. Section 2. This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED this the 28th day of October, A. D. 1986. THE CITY OF HUNTSVILLE, TEXAS i By ne Monday, Mayor -. ti DeShaw, City ecretary APP VED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Voting Rights Act 08-12-86 ORDINANCE NO. 86-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 5TH DAY OF APRIL, 1986, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS FROM THE RESPECTIVE AT-LARGE POSITIONS ONE, TWO, THREE AND FOUR; AND FOR THE FURTHER PURPOSE OF VOTING ON PROPOSED AMENDMENTS TO THE CITY CHARTER OF THE CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNEF )F HOLDING SAID ELECTION; AND PROVIDING FOR THE POSTING AND F3LICATION OF NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1. The regular municipal election of the City of Huntsville, prescribed by Section 6.01 of the City Charter, shall be held between the hours of seven (7:00) o'clock A.M. and seven (7:00) o'clock P.M. on the 5th'day of April, 1986, in said City for the purpose of electing from at-large positions One, Two, Three and Four, and for the further purpose of voting on eight proposed amendments to the City Charter of the City of Huntsville, Texas. Section 2. The City is hereby divided into nine (9) election precincts, said precincts to have the same boundaries as County election precinct numbers 101, 102, 105, 201, 202, 206, 301, 306 and 401. The polling places and election officials for these election precincts shall be as follows: Election Precinct Polling Place Officials No. 101 Fire Station #2 Helen Wheat 2109 Sam Houston Avenue Judge and Presiding Officer Betty Dunlap Alternate Judge No. 102 Walker County Courthouse Lillian Nimmo 1100 University Ave. Judge and Presiding Officer Betty Olm Alternate Judge No. 105 First Baptist Church Elnora Hudley 1530 10th Street Judge and Presiding Officer Mary Frances King Alternate Judge 99 No. 201 Holiday Inn Bill Tubbleville 1407 Interstate 45 Judge and Presiding Officer Jo Shipman Alternate Judge No. 202 First Presbyterian Church Robert Biles 1801 19th Street Judge and Presiding Officer John Holcomb A .ernate Judge No. 206 Pine Bluff Church Donald Coers 3721 Possum Walk (FM 1374) Judge and Presiding Officer Tommy Davis Alternate Judge No. 301 Emancipation Park Bldg. Bill Howland 300 Avenue F Judge and Presiding Officer Jane Amyett Alternate Judge No. 306 Faith Memorial Baptist Church Naomi Farris 314 16th Street Judge and Presiding Officer Joe Martinez, Jr. Alternate Judge No. 401 Goree Unit Recreation Hall Sherrell Goodrow 30,000 Highway 75 South Judge and Presiding Officer Thelma Loving Alternate Judge Section 3. This election shall be held in accordance with, and shall be governed by, the Election Laws of the State of Texas. In all City elections, the Mayor, City Secretary or City Council shall do and perform each act as in other elections required to be done and performed, respectively, by the County Judge, the County Clerk 'or the Commissioners' Court. Section 4. One Councilmember shall be selected from each of the respe"ive at-large position numbers One (1), Two (2), Three (3) and Four i. , of the City by a majority vote of the City at-laree. The Councilmember to be elected shall hold office for a period of two (2) years. Section 5. Each of the four Councilmembers shall be citizens of the United States, qualified voters of the State of Texas, residents within the present corporate limits of Huntsville for at least six months, and current in payment of taxes and assessments due to the City. 100 Section 6. Any eligible and qualified person may have his name upon the the official ballot as an independent candidate by submitting an application, which, in accordance with Texas Election Code § 141.031, must be in writing; be signed and. sworn to by the candidate and indicate the date -that the candidate swears to the application and include: the candidate's name; the candidate's occupation; the office sought, including any place number or other distinguishing number• an indication of whether the office sought is to be filled for a full or unexpired term if the office sought and another office to be voted on have the same title but do not have place numbers or other distinguishing numbers; a statement that the candidate is a United States citizen; a statement that the candidate has not been determined mentally incompetent by a final judgment of a court; a statement that the candidate has not been finally convicted of a felony from which the candidate has not been pardoned or otherwise released from the resulting disabilities; the candidate's date of birth; the candidate's residence address or, if the residence has no address, the address at- which the candidate received mail and a concise description of the location of the candidate's residence; the candidate's length of continuous residence in the state and in the territory from which the office sought is elected as of the date the candidate swears to the application; and the statement: "I, , of Walker County, Texas, being a candidate for the office of councilmember, swear that I will support and defend the constitution and laws of the United States and of the State of Texas." Such application must be filed with the Mayor or:City Secretary not later than 5:00 p.m. of the 45th day before election day. Section 7: The following proposals to amend the City Charter of the City of Huntsville, Texas, shall be submitted to the voters in accordance with Section 14.25 of the Charter: Proposal One Shall § 4.02 of the City Charter of the City of Huntsville, Texas, be amended to read: SECTION 4.02. QUALIFICATIONS. At the time of election to office and during their tenure of waf; ,��ooffffiiccee� the Mayor and each member of the Council shall be a citizen t_Y 'registered voter of the State of Texas and the City of Huntsville and, if he be a Councilmember from a specific Ward, a resident of such Ward. No member of Council shall have resided in the City for less than 12 months next preceding the election and no member shall be less than 21 years old. No member of the council shall be indebted to the City or be delinquent in the payment to the City of any tax or assessment. No member of the Council shall hold any other office or employment under the City government while he is a member of the Council A member of the Council ceasing to possess any of the foregoing qualifications shall immediately forfeit his office. 101 Proposal Two Shall § 4.09 of the City Charter of the City of Huntsville, Texas, be amended to read: SECTION 4.09. ABSTENTIONS. The Mayor and each member of the Council in attendance at the Council meeting shall vote on every issue that a vote is called unless that person declares a conflict of interest and files an affidavit stating the nature and extent of the interest. A person who fails or refuses to vote without filing the affidavit describing the conflict of interest shall be recorded as having cast a negative vote. Proposal Three Shall § 4.19 of the City Charter of the City of Huntsville, Texas, be amended to read: SECTION 4.19. VACANCIES IN THE OFFICE OF COUNCILMEMBER. Vacancies in the office of Councilmember arising from any cause shall be filled for the remainder of the unexpired term at an election not less than sixty (60) days after the occurrence of the vacancy. A special election shall be called in the manner provided for City general elections to elect successors to fill such unexpired terms. Any person elected to fill a vacancy in the office of Councilmember shall possess all of the qualifications herein required for the office. Proposal Four Shall § 6.02 of the City Charter of the City of Huntsville, Texas, be amended to read: SECTION 6.02. RUN-OFF ELECTIONS. In the event any candidate for Mayor or Councilmember fails to receive a majority of all votes cast for his particular office at any regular or special election, the Mayor or, if he fails to do so, the Council shall on the first day following the completion of the official count of ballots cast at the first election, order a second election to be held on a Saturday within thirty (30) days following the date of such order, at which election the two candidates receiving the highest number of votes cast for such particular office in the first election, at which no one was elected to such office by receiving a majority of all votes cast for all candidates for such particular office, shall again be voted for, and the one receiving the highest number of votes cast shall be elected to such office. The City Secretary shall give notice of such run-off election by causing said notice to be published at least ten days prior to the date of such election in the official newspaper of the City. 102 Proposal Five Shall $ 7.03 of the City Charter of the City of Huntsville, Texas, be amended to read: SECTION 7.03. FORM OF PETITIONS. Initiative petition papers shall contain the full text of the proposed legislation in the form of an ordinance, including a descriptive caption. Referendum petition papers shall contain a sufficient description of the ordinance sought to be referred to identify it, or if the ordinance has been passed by the Council, the full text of the ordinance sought to be referred shall be included in such papers. For a petition signature to be valid, a petition must contain, in addition to the signature, the printed name of the signer, the signer's voter registration number, the signer's residence address, the signer's ward or precinct number, and the date of signing. No signature shall be counted where there is a reason to believe it is not the actual signature of the purported signer or that it is a duplication either of name or of handwriting used in any other signature on the petition. Before the signatures on any petition paper may be counted, one of the signers of such petition paper, a qualified voter, shall make oath before the City Secretary or any other officer competent to administer oaths, that the statements made therein are true, that each signature to the paper appended is a genuine signature of the person whose name purports to be signed thereto, and that such signatures were placed thereon in his presence. Proposal Six Shall § 11.16 of the City Charter of the City of Huntsville, Texas, be amended to read: SECTION 11.16. SALE OF BONDS. All bonds issued by the City shall be sold at public sale upon sealed bids after at least fourteen days notice thereof has been published at least once in a publication carrying municipal bond notices and devoted primarily to financial news, and at least fourteen days notice thereof has been published at least once in the official newspaper of the City. Such sealed bids must be opened at a meeting of the Council. Proposal Seven Shall § 14.01 and 9 14.01A (related to interim government and interim budget) of the City Charter of the City of Huntsville, Texas, be repealed? SECTION 14.01. INTERIM GOVERNMENT. The present City Government of the City shall continue in force and effect until the first day of January 1973. It is the specific intent of this Section to make the provisions of the November 1972 Amendments applicable and effective as of January 1, 1973. The 103 Council members, Mayor, and all officers and employees of the City shall continue in their present capacities, offices, and employments until provisions of the November 1972 Amendments shall be put into effect by ordinance or resolution of the Council and the Council shall as soon as possible put these Amendments into effect by ordinance or resolution. Provided_ that these amendments shall go into effect finally and completely without further action by the Council on January 1, 1973, and thereupon all offices, employments, powers, actions and procedures of the City shall be under and in accordance with these amendments. SECTION 14.01A. INTERIM BUDGET. The budget adopted by the City for the current fiscal year shall remain as the budget for the City until the last day of March, 1973. In the period from the ending of the fiscal year in the original Charter until the beginning of the new fiscal year under the November, 1972 Amendment to such Charter, there shall be an interim budget prepared in accordance with the Charter and Amendments thereto. All provisions of the charter and Amendments thereto, pertaining to the preparation, presentation, adoption, publication or in any other respect, shall apply to this interim budget. Thereafter the budget shall be for the fiscal year as set out in the 1972 Amendment to this Charter. Proposal Eight Shall § 14.22 (related to Judicial Notice) of the City Charter of the City of Huntsville, Texas, be repealed? SECTION 14.22. JUDICIAL NOTICE. This Charter shall be deemed a public act, and shall have the force and effect of the general law, may be read in evidence without pleading or proof, and judicial notice shall be taken thereto in all courts and placed without further proof. Section 8. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing of the City Secretary as provided by Section 52.094 of the Texas Election Code. The form of the ballot for said election shall be as follows: OFFICIAL BALLOT INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an "X" in the square beside the candidate's name. Councilmember, At-Large Position One (Vote for one) El 104 Councilmember, At-Large Position Two (Vote for one) El Councilmember, At-Large Position Three (Vote for one) Councilmember, At-Large Position Four (Vote for one) INSTRUCTION NOTE: Vote on Each Amendment to the Charter of the City of Huntsville by placing an "X" in the square beside the statement indicating the way you wish to vote. Amendment Number One �! Shall § 4.02 of the City Charter be amended to require that Yes 7Si) the Mayor and each Councilmember be a qualified and "registered" voter of the State of Texas instead of a ❑ "qualified" voter of the State of Texas? No (No) Amendment Number Two SL�_)I Shall § 4.09 of the City Charter be amended to require that Yes (Si) ofea acoonflictaofenterestcif they abstainwfrom voting? NoqNo) Amendment Number Three ❑ Shall § 4.19 of the City Charter be amended to require the Yefice of s (Si) Mayor In Council mber bytspecialo fill velection�rather n the (than by councappointment? No No) 105 Amendment Number Four Y . . Shall § 6.02 of the City Charter be amended to change the es Si) date of run-off elections from the third Tuesday following the election to a Saturday within thirty days following the NoNo) election? Amendment Number Five Shall § 7.03 of the City Charter be amended to change all Yes Si) references to "poll tax receipt or exemption certificate serial numbers" to "voter registration numbers"? No'�No) Amendment Number Six Shall § 11.16 of the City Charter be amended to require Yes Si) publication of the sale of bonds at least fourteen days prior to the sale? No[�No) (L�7! Amendment Number Seven Shall Yes (Si) Interim�GoveO1 and 14-OIA of h Government and Interim Budget from e City tNovember d1978fto October 1, 1983, be repealed? NoE)No) Amendment Number Eight Shall § 14.22 of the City Charter requiring all courts to Yes Si) take judicial notice of the City Charter without proof be No4repealed? No) l 0 t) Section 9. City Secretary, Ruth DeShaw, is hereby appointed as the Clerk of Absentee Voting, and the Office of the City Secretary City Hall 1212 Avenue M Huntsville, Texas 77340 is hereby designated as the place for absentee voting for the election. During the lawful absentee voting period, such clerk shall keep such place for absentee voting open for absentee voting from 8:00 A.M. to 12:00 Noon and from 1:00 P.M. to 5:00 P.M. on each day except Saturdays, Sundays, and officialstate holidays. Section 10. 9�� SIMRSOILI/is hereby appointed as the presiding judge of the Absentee Ballot Board, and is hereby directed to perform the duties required of such by Texas Election Code § 87. Section 11. The Mayor and City Secretary are hereby directed to give notice of said election by: to be (a) causingd notice of prior toctheedatenof suchuelectionatleast in the newspaper; (b) by publishing the notice at least one time, not more than twenty- five (25) days nor less than ten (10) days before the election, in the newspaper; (c) by filing with the City Secretary, for posting, a copy of said notice at least twenty (20) days before said election; and (d) by posting at City Hall and the Walker County Courthouse bulletin boards notice of said elections at least twenty (20) days before said election. The Mayor and City Secretary shall file with the City Secretary a copy of the notice as published, together with the name of the newspaper and the dates of publication. Section 12. This ordinance shall take effect from and after its passage. 107 PASSED AND APPROVED this _ZYZ& day of 1986. THE CITY OF HUNTSVILLE By , Jan onday, !ayoor ATTEST: (]�th DeShaw�city ecretary APPROVED AS TO FORM: Scott Bounds, City Attorney 1011) City of Huntsville LEGAL DEPARTMENT 1212 AVENUE M CITY HALL—HUNTSVILLE,TEXAS 77340—(409)295-6471 August 12, 1986 Assistant Attorney General Civil Rights Division Department of Justice Washington, D. C. 20530 Re: Submission under Section 5, Voting Rights Act Dear Sir: The City of Huntsville, Texas, requests preclearance under Section 5 of the Voting Rights Act to implement eight Charter amendments adopted by its voters at a general election on April 5, 1986. The City of Huntsville had a population of 23,946 according to the 1980 Federal census. See U. S. Bureau of Census, 1980 CENSUS OF POPULATION AND HOUSING, advance reports, PHC 80-V-45 Texas, Table 2. The population break- down by race was 16,860 (70%) white, 5,323 (22%) black, and 1,753 (7%) other. Id. Of that population, about 6,000 are disenfranchised inmates at the state prison. The City of Huntsville is located wholly within and is the county seat of Walker County. All registration of voters is conducted by the County by state law. The City of Huntsville is a homerule city as that term is defined by the Constitution and laws of the State of Texas. By charter, the City functions under a Council- Manager form of government. The governing body of the City is composed of a mayor (elected at large) and eight council- members (four elected at-large and four elected from single member districts). The mayor and councilmembers are elected for two year terms. Assistant Attorney General Page 2 August 12, 1986 The City of Huntsville has made several prior submissions for preclearance of voting changes under Section 5. The City's last submission was dated January 22, 1986, under your file number DJ 166-012-3/N4117/N7433-7434. At that time, the City advised you that the Charter Amendments were to be considered at the election on April 5th and that preclearance would be sought if the Charter amendments were adopted. An explanation and other information relative to these changes are attached as exhibits. The City of Huntsville has not enforced these changes affecting voting. The City requests preclearance of these changes. Please contact me if additional information is required. Sincerely, Scott Bounds City Attorney City of Huntsville, Texas 1212 Avenue M Huntsville, TX 77340 (409) 291-5402 Bar Card No. 02706000 SB:eht Attachments Certified Mail Return Receipt Requested cc: Gene Pipes, City Manager Ruth DeShaw, City Secretary LIST OF EXHIBITS A. SUMMARY OF APRIL 1986 CHARTER AMENDMENTS . . . 2 B. CHARTER REVIEW COMMITTEE - . . . . . . . . . . 4 1. Agendas and Minutes 2. Notice of Public Hearing 3. Report of the Committee C. CITY COUNCIL - . . . . • • • . • • . •67 1. Agendas and Minutes 2. Ordinance Calling Election D. THE ELECTION - . . . . . . . . . . . . . 109 1. Notice of Election 2. The Ballot 3. A Summary of Returns 4. The Resolution Canvassing the Election E. MEDIA ACCOUNTS . . . . . . . . . . . . . . . . 119 F. THE CITY CHARTER (1982) G. THE CITY CHARTER (AS ADOPTED PENDING PRECLEARANCE) 1 EXHIBIT A. SUMMARY OF APRIL 1986 CHARTER AMENDMENTS SUMMARY OF APRIL 1986 CHARTER AMENDMENTS The City Charter of the City of Huntsville requires that, every five years, the Mayor of the City (with approval of Council) shall appoint at least three persons to a Charter Review Committee. Huntsville City Charter § 14.25(b) (1982). The Committee is required to report to Council its recommendation for amendments to voters which might be necessitated by changing federal or state laws, or just changes in the community. Pursuant this mandate, Mayor William V. Nash appointed three persons to a Charter Review Committee in 1985. This Committee met, reviewed the City Charter, conducted public hearings, and reported to the City Council of the City of Huntsville on November 12, 1985. The agendas, minutes and report of the Committee are attached as Exhibit B. Under state law and the Charter, the City Council has final responsibility for proposed charter amendments submitted to voters. See Tex.Rev.Civ.Stat. article 1170. After receiving the report of the Charter Review Committee, the City Council of the City of Huntsville determined the specific amendments to be presented to the voters as well as the ballot language used for the proposals. A copy of the minutes and action of the City Council is attached hereto as Exhibit C. Prior to the election, notice of the proposed Charter amendments was published in the news media. See Exhibit D. City Council did not expend any funds to campaign for or against any of the amendments. In fact, the City is not aware of any formal campaigning for or against any of the amendments. At the election, the voters adopted all eight Charter amendments proposed. A copy of the election returns prepared by the City, and the action of the City canvassing the election, are attached. See Exhibit D. The amendments can be broken down into two broad categories - housekeeping changes and substantive changes. The order on the ballot was determined by the numerical order of the charter provision which the proposed amendment would affect. A detailed summary of each proposed charter change and the reason for such change is contained in the Charter Committee's Report. The eight Charter amendments adopted by the voters were: 2 Amendment 1: Require that the Mayor and each Councilmember be a "registered" voter of the State of Texas. This is a substantive amendment which requires candidates to register to vote. Amendment 2: Require that the Mayor and each Councilmember file a written notice of a conflict of interest if they abstain from voting on an issue. This is a housekeeping amendment because state law requires filing such written notices. Amendment 3: Require that the Mayor and Council fill vacancies in the office of councilmember by special election. This is a substantive change from the appointment system previously used by City Council. Amendment 4: Establish the date of run-off elections as a Saturday within thirty days of the original election. This is a housekeeping change because under state law Council had already abandoned the date established in the prior charter for run-off elections. Amendment 5: Delete all references ro poll tax receipt in Charter provisions related to voter qualifications. This is a housekeeping amendment because no poll tax receipts are used by the City or State. Amendment 6: Require publication of notice of intent to sell City bonds at least fourteen days prior to the sale. This is a substantive change which reduces the City's prior thirty day notice requirement to the same as that required by state law. Amendment 7: Delete certain Charter sections relating to transitional government. This is a housekeeping amendment. Amendment 8: Delete a Charter provision relating to judicial notice. This is a housekeeping amendment. A copy of the new Charter, with all the proposed amendments, is attached as Exhibit G. The City of Huntsville requests the preclearance of the Justice Department to implement these Charter amendments. 1� EXHIBIT B. THE CHARTER REVIEW COMMITTEE 1. Agendas and Minutes . . . . . . . . . . . . 4 2. Notices of Public Hearing . . . . . . . . . 52 3. Report of the Committee . . . . . . . . . . 54 City of Huntsville LEGAL DEPARTMENT 1212 AVENUE M CITY HALL—HUNTSVILLE,TEXAS 77340—(409)295-6471 March 29, 1985 Mr. Mike Canon 1214 Sam Houston Avenue Huntsville, TX 77340 Ms. Linda Schulz First National Bank P. 0. Box 659 Huntsville, TX 77340 Dr. Richard Cording Dean, Arts and Sciences Sam Houston State University Huntsville, TX 77341 Dear Committee Members: At the March 28 meeting, I was asked to provide you with information related to various Charter issues. I have attached some of that information for you. Sincerely, Scott Bounds City Attorney SB:eht Attachments Ad Hoc CITY CHARTER REVIEW COMMITTEE MEMBER'S NAME/ADDRESS OFFICE PHONE HOME PHONE DATE APPOINTED CANON, Mike 291-0882 295-0255 03-05-85 237 Pine Valley Drive CORDING, Richard 294-1401 295-5329 03-05-85 220 Elmwood SCHULZ, Linda 295-5701 03-06-85 3649 Violet Lane City Staff Assistance Scott Bounds 291-5402 City Attorney Ruth De Shaw 291-5403 City Secretary Gene Pipes 291-5401 City Manager This committee has been appointed by the Mayor and Council to review the City Charter to insure its compliance with state law and to make certain other provision revisions. Anticipated presentation to the voters as Charter Amendments is April, 1986. Prepared by Ruth De Shaw City Secretary 03-05-85 J Charter Amendment Procedure Section 14.25 of the City Charter provides that every five years the Mayor, with Council approval, shall appoint at least three persons to a Charter Review Committee. The Committee shall report to City Council amendments, if any, to the City Charter that it recommends for submission to the City at a municipal election. Texas Revised Civil Statutes article 1170 provides that City Council may on its own motion submit amendments to the existing Charter. "The ordinance providing for the submission of such amendment or amendments shall require the submission thereof at an election to be held not less than thirty (30) days nor more than ninety (90) days after the passage of said ordinance. If the next regular municipal election is to be held during said period, the submission of said amendment or amendments shall be at such election. Otherwise, a special election shall be called for the purpose. Notice of the election for the submission of said amendment or amendments shall be given by publication thereof, in some newspaper of general circulation published in said city, on the same day in each of two (2) successive weeks; the date of the first publication to be not less than fourteen (14) days prior to the date set for said election. The form of such notice shall be as prescribed by the governing body or as may be otherwise prescribed by law, and shall include a substantial copy of the proposed amendment or amendments. Every amendment submitted must contain only one subject, and in preparing the ballot for such amendment, it shall be done in such manner that the voter may vote (FOR) "Yes" or (AGAINST) "No" on any amendment or amendments without voting (FOR) "Yes" or (AGAINST) "No" on all of said amendments. Each such proposed amendment, if approved by the majority of the qualified voters voting at said election, shall become a part of the charter of said city. No amendment shall be considered adopted until an official order has been entered upon the records of said city by the governing body thereof declaring the same adopted." O Section VIII: Conflicts of Interest; Public Disclosure ® of Certain Interests Art.988a.Purchases from a cooperative to which a councilman belongs An incorporated city or town or a county may purchase equipment or supplies from a cooperative association to which one or more members of its governing body or of an appointed board or commission thereunder belongs if no member of the governing body,board,or commission will receive a pecuniary benefit from the purchase except as is reflected in an increase in dividends distributed generally to members of the cooperative association. Art.6252-9e.Disclosure of certain property interests (a)For purposes of this article: (1) 'Public servant' means a person elected, selected, appointed. employed,or otherwise designated as one of the following,even if he has not yet qualified for office or assumed his duties: (A)an officer of government:or (B)a candidate for nomination or election to public office. (2)'Public disclosure'means the filing of an affidavit with the county clerks of the counties wherein the property to be acquired is located and wherein the public servant resides within 10 days prior to the acquisition, setting forth the following: (A)name of the public servant; (B)the'public office•public title,or job designation with which the public servant is connected; (C)a full and complete description of the property; (D)a full description of the nature,type and amount of interest in the property,including but not limited to the percent ownership interest in the property; (E)the date the public servant acquired an interest in the property; (F)a verification by the public servant,reading,1 do solemnly swear that the above and foregoing statement,filed herewith•is of my own personal _ knowledge in all things true and correct,and fully shows the information required to be reported by me pursuant to Section 39.04,Texas Penal Code'; and (G)an acknowledgement of the same type as required for the recording of deeds in the deed records of the county clerk's office. (3)'Property'means both real and personal. : (4)'Acquired'means by purchase or condemnation. (5) 'Public funds' mean any funds collected by or through any government. (b) A public servant commits an offense if he fails to make public a disclosure of any legal or equitable interest he may have in property which is 65 F? acquired with public funds provided such public servant has actual notice of the acquisition or intended acquisition. (c)If the public servant fails to file the affidavit provided for herein within the time period prescribed,his intent to commit the offense provided herein shall be presumed. (d)An offense under this section is a Class A misdemeanor. Art.988b,Prohibiting Counciimembers From Voting On Matters That Would Benefit Him Or His Relatives; Requiring Disclosure of Certain Interests SECTION i.DEFINITIONS.In this Act: (1)"local public official'means a member of the governing body or another officer,whether elected or appointed,paid or unpaid.of any district (including a school district),county,city,precinct,central appraisal district, s transit authority or district,or other local governmental entity who exercises responsibilities beyond those that are advisory in nature. (2)"Business entity"means a sole proprietorship,partnership,firm. corporation,holding company,joint-stock company,receivership,trust,or any other entity recognized in law. SECTION 2,SUBSTANTIAL INTEREST.(a)A person has a substantial interest in a business if: (1)the interest is ownership of 10 percent or more of the voting stock or shares of the business entity or ownership of$2.500 or more of the fair market value of the business entity;or (2)funds received by the person from the business entity exceed 10 percent of the person's gross income for the previous year. (b)A person has a substantial interest in real property if the interest is an equitable or legal ownership with a fair market value of$2,500 or more. (c)An interest of a person related in the first or second degree by either affinity or consanguinityto the local public official is a"substantial interest." SECTION 3.PROHIBITED ACTS.(a)Except as provided by Section 5 of this Act,a local public official commits an offense i1 he knowingly: (1)participates in a vote or decision on a matter involving a business entity in which the local public official has a substantial interest if it is reasonably foreseeable that an action on the matter would confer an eco- nomic benefit to the business entity involved; (2)acts as surety for a business entity that has a contract,work.or business with the governmental entity;or (3)acts as surety on any official bond required of an officer of the governmental entity. _ (b)An offense under this section is a Class A misdemeanor. SECTION 4.AFFIDAVIT.If a local public official or a person related to that official in the first or second degree by either affinity or consanguinity s. 3= has a substantial interest in a business entity that would be peculiarly affected by any official action taken by the governing body,the local public 2 j official,before a vote or decision on the matter,shall file an affidavit slating the nature and extent of the interest and shall abstain from further participa- ,4 tion in the matter.The affidavit must be filed with the official recordkeeper of Aft the governmental entity. S 66 Texas Revised Civil Statute article 1174. Registration The city secretary of any such city or officer exercising like or similar powers, upon the adoption and approval of any such charter or any amendment thereof by the qualified voters as herein provided, shall record at length upon the records of the city, in a separate book to be kept in his office for such purpose, any such charter, or amendment so adopted. When such charter or any amendment thereof shall be so recorded, it shall be deemed a public act and all courts shall take judicial notice of same and no proof shall be required of same. All cities may institute and prosecute suits without giving security for cost and may appeal from judgment without giving supersedeas or cost bond. �7 REVISIONS AND CURRENT ISSUES ome 30 percent of charters included i.n this survey were initially adopted prior to 1938. There are several-differences between these "old" charters and those adopted since 1938 -- most notably provisions dealing with administrative structure and relations between the council and manager. The older charters tend to require council approval for all administrative appointments, and provisions so stipulating often remained in the charter despite adoption of the council-manager plan. In more recently adopted charters, on the other.hand, there is a tendency to specify the manager's duties. A 1961 study of Texas charters explains that: .the older charters limit the manager's powers by simply being silent on various subjects which are covered more fully in later charters. Such limitations in the powers of the city manager might be expected in the older charters, since they were written at times when the council-manager plan was 'proving' itself to city councils.l But while recently-adopted charters tend to grant broader appointment and removal powers to the managers and restrict the council's administrative involvements, few cities have seen fit to amend existing charters for these purposes. Only two percent of surveyed cities have revised their charters since 1970 to change the procedure for appointment of department heads and/or administrative posts. Only seven percent have revised their charters to expand or reduce powers of the city manager. I Texas Council-Manager Charters (University of Texas, 1961), p. 62. 10 }wyu�ulnnafill►u11JRJ(II-"11IIjlillflllllMi111 IIIIHIf �1;' 53 i ' Overall, 50 percent of surveyed cities have appointed a charter re- vision committee since 1970. Fifty-six percent have carried out changes in their charters since that time, indicating that some charter alterations have been made without the necessity of convening a revision committee. As-suggested in Chapter IV, the most prominent issue for charter re- vision committees has been the procedure for election of councilmembers. Twenty-one percent of surveyed cities report having made changes in council election procedures since 1970. As shown in Table XXII, the most common transition has been from at large systems to either single-member districts (six percent), at large by place (six percent), or a combination of at large and single-member districts (five percent). Those changing to some form of single-member districting represent a comparatively recent trend in that all such plans have been adopted within the past two decades in Texas. At least two other changes can be noted in council election procedures: In Mesquite, a charter amendment clarified nominating procedures, and in Lewisville the vote necessary for election to the council was changed from a plurality to a majority, with a special election required if the candidates for each place on the ballot do not receive a majority. Aside from council election procedures, the next most prevalent charter revision issue has been council size, with eight percent of surveyed cities reporting such changes. All of these revisions have involved an increase in council size. Three of these expansions have been from five members to seven members (the optimal size according to the Model Charter), while two have been from six to seven members. li TABLE XXII CHARTER REVISIONS SINCE 1970 Revision Number Council election procedures: 21 From at large to at large by place 6 From at large to single-member districts 6 From at large to combination system 5 From at large by place to at large with residency requirements 1 From at large by place to single-member district 1 Other p Mayor's term of office 5 Council member's term of office 4 Mayor election procedures 5 Procedure for appointment of department heads and/or administrative posts p Council size B Initiative, referendum and/or recall 6 Powers of city manager, such as budget authority, board participation, control of departments, etc. 7 Civil service or merit system policies Z The procedure for electing mayors has also drawn the attention. of re- vision committees, with five percent of cities reporting such changes in their charters since 1970. All of these involved a change from appointment by the council to direct election of the mayor. Five-percent of cities report changes in the mayor's term of office, with four percent having made revisions in the council's term. Most often this change has been from two years to three years, for both mayor and council member terms. 12 55 r Charter amendments may be broken down into three general categories: 1) substantive changes, e.g., from at large to single-member district systems; 2) procedural changes, e.g., the number required for a quorum in council meetings; and 3) general housekeeping changes, including language clarification and elimination of obsolete or redundant statutes. The impetus for charter revision movements come from a variety of sources. Citizen interest can become sufficiently intense to prod the council into action. Also, the accumulated ambiguities resulting from previous charter amendments continuously laid on the original charter may prompt city officials into efforts at a general review and update of the charter. Many charters stipulate that a charter review commission be appointed every two years by the city council. Even when the original stimulus for charter revision focuses on a par- ticular issue or provision, a comprehensive review of the entire charter is usually the first task of the revision committee. It should be kept in mind, moreover, that while charter committees can be an effective means to air contro- versial issues, there is no guarantee they will get a positive response from all members of the committee. Single-member districts, for example, was a major issue in the Garland charter committee hearings in 1976, and received considerable media coverage due in part to its advocacy by the League of Women Voters. It was not, how- ever, recommended in the committee's final report, resulting in submission of a minority report to the council. The final revision committee report included onlv one soecific recommendation -- orovidino salaries for the mayor and council members. It also recommended such housekeeping changes as replacing the outdated term "poll tax" with "voter registration." This latter alteration, 13 it advised, would not call for an amendment proposal to the voters, but could be footnoted in the next printing of the charter.2 The city council eventually accepted amendments recommended in both the minority and majority reports. They were placed on the ballot and won approval from the voters. Like the Garland committee, a 1976 charter revision panel in Duncanville began with a section by section review of the charter, with the committee either approving the section or raising specific questions concerning the necessity for change. One question repeatedly raised in this process was whether or not changes should be made to bring the charter into conformity with state law, since the passage of a law by the state legislature often has the effect of superceding city charter provisions. It was eventually decided that such amendments were not necessary, unless "substantial" changes were made in the state law "entirely inconsistent" with existing charter provisions. Where state law merely adds to or expands on existing provisions, charter amend- ments are not usually deemed necessary. 3 The Texas Municipal Annexation Act, for example, places some limitations on areas that can be annexed, and also has a requirement for a public hearing prior to annexation; but these provisions had the effect of adding to rather than countermanding existing annexation provisions in the Duncanville charter. A charter committee in Mesquite, however, did recommend an amendment to update its annexation provisions to reflect state law.4 Often charter revisions are made to clarify existing passages simply by the addition or modification of a sentence, as was the case in a 1976 charter 2 Information provided by Garland city attorney. 3 Information provided by Duncanville city attorney. 4 Information provided by Mesquite city attorney. 14 'liq}HI(I �II1111111111110111111111111111111lI�Tr_ill Rim ill ill III "' ' 57 revision election in Abilene. Three sentences were added as a result of the election, two clarifying the qualifications of the mayor and council members, and the other the data for council elections.5 Sometimes these attempts to clarify ambiguities or to update charter wording are voted on at the same time as other, more controversial issues_ Such was the case in a 1977 charter amendment election in Jacksonville. The ballot contained a total of seven amendments, four of which dealt with such matters as deleting the word councilmen and substituting council- members, along with changing election dates and council quorum requirements. These were placed alongside the more controversial issues, one relating to open council meetings and another involving a lengthy amendment dealing with council member qualifications, term of office and election procedures. All of the amendments were subsequently adopted by ovenahelming margins.6 Charter amendments recommended by the revision committee are normally reported to the city council only in their complete form as they will appear when inserted in the charter. A 1978 charter committee in Hurst advanced the somewhat unusual step of condensing charter changes itself in the committee's report to the council. In the final report, the recommended amendments were presented in formal style for inclusion in the charter, as well as the manner in which they would be presented to the voters. As the report noted, how the amendments are worded on the ballot "may well determine whether an issue passes or fails."7 7 6 Information provided by Abilene city attorney. Information provided by Jacksonville city attorney. Information provided by Hurst city attorney. 1� 58 In traditional form, one Hurst amendment read: Taxes shall be paid before February 1, and all such taxes not paid prior to such date shall be deemed delinquent and shall be subject to such penalty and interest as the City Council may provide by ordinance.$ The version recommended for the ballot read simply: _ Shall Sec. 5.39 of the Hurst Charter be amendedto provide for the same tax delinquency date, February 1, as is used by other governmental subdivisions. Controversial charter issues often involve some form of compromise. A recent charter revision issue in San Angelo dealt with the office of police chief, with public opinion approximately evenly divided as to whether the office should be appointive or elective. The revision committee reached substantial agreement on the merits of an appointed chief to "help in the improvement of professionalism in the department." The other side, however, was given con- sideration in a provision requiring the police chief to receive a vote of confidence from citizens every two years. So while the proposed amendment requires the police chief be appointed by the city commission, his name must appear on the ballot during regular city elections at 2-year intervals and the voters are asked whether or not he shall continue in office. If not, he is removed from office by the council at its next regular meeting.10 Charter issues likely to generate interest in the future correspond closely to those which have been approved as amendments since 1970. As shown in Table XXIII, 41 percent of surveyed cities indicate that the single-member district issue is likely to be a major one in years to come. Council size is the next most prominent, with 14 percent reporting interest in this area. 8 Ibid. 90 Ibid. Information provided by San Angelo city attorney. Ih TABLE XXIII 59 FUTURE REVISION ISSUES Issue Term of office Number 7 Single-member districts 41 Direct election of mayor 1.2 Procedure for appoinment of department heads and/or other administrative posts 2 Initiative, referendum and/or recall 4 Powers of city manager, such as budget authority, board participation, control of departments etc. 3 Size of council 14 Overlapping terms 4 Vote required for election to council 2 Civil service or merit system policies 3 Another issue which may produce considerable interest is the direct election of mayors, with 12 percent of cities citing this as a major concern. It appears, moreover, that Texas city officials are generally reluctant to make wholesale changes in their charters. Like the U. S. Constitution, it is one thing to point out its shortcomings, and quite another to generate the support necessary to approve amendments. A rather constant theme of charter hearings is that committees must be highly selective in recommending amendments. The assumption seems to be that if a large number of amendments are presented at any one time, voters will not be able to act upon them in- formatively, and indeed may become suspicious of city officials' intent in substantially altering the city's government. 17 6.0 It appears also that despite the ambiguities of many charters -- as with appointive/removal powers and the council's administrative involve- ment -- city officials have been able to deal with such problems in a reasonably effective and consistent manner. An important point raised through- out this study is the essentially flexible, situational character of Texas city government. Indeed, cities often later regret charter provisions stated in terms so precise as to prevent the flexible interpretations necessary to be adapted to the times. This is also a rather constant admonition repeated at several points in the Model Charter. The general willingness of Texas city officials to work within charter constraints and limitations, therefore, rather than rewriting provisions to deal with largely situational issues, may in the long run be the most effective approach to local government. lE City ®f Huntsville LEGAL DEPARTMENT 1212 AVENUE M CITY HALL—HUNTSVILLE.TEXAS 77340—(409)295-6471 July 10, 1985 Ms. Linda Schulz 3649 Violet Lane Huntsville, TX 77340 Mr. Mike Canon 237 Pine Valley Drive Huntsville, TX 77340 Dr. Richard Cording 220 Elmwood Huntsville, TX 77340 Dear Committee Members, This is a reminder that the Charter Review Committee will meet at 4:30 p.m., Wednesday, July 17, 1985, in my office at City Hall. The following agenda will be discussed: 1. Review the City Charter considertdion list. 2. Review the materials sent out March 29, 1985. 3. Establish a calendar. 4. Appoint a chairman. See you then. Sincerely, V w Scott Bounds City Attorney SB:eht 1� City ®f Huntsville LEGAL DEPARTMENT 1212 AVENUE M CITY HALL—HUNTSVILLE,TEXAS 77340—(409)295-6471 July 18, 1985 Ms. Linda Schulz 3649 Violet Lane Huntsville, TX 77340 Mr. Mike Canon 237 Pine Valley Drive Huntsville, TX 77340 Or. Richard Cording 220 Elmwood Huntsville, TX 77340 Dear Corlmittee Members, At the meeting on July 17, the following business was transacted: 1. Dean Richard Cording +as elected chairman of the Committee; 2. Meetings were scheduled for - r.'ednesday, August 7, 1985, 4:30 p.m., City Hall Wednesday, August 21, 1985, 4:30 p.m., City Hall Wednesday, September 4, 1985, 4:30 p.m., City Hall Wednesday, September 18, 1985, 7:00 p.m., City Hall. 3. The agenda for the next meeting is - A. Discuss these housekeeping measures: - Abstentions § 4.09 - Form of petitions § 7.03 - Sale of bonds publication requirement § 11.16 - Interim government provision § 14.01 - Judicial notice § 14.22 B. Discuss substantive change Removal of City councilmembers (§ 4.01) and 'Vacancies in Office of Councilmember (§ 4.19) I would ask that you mark your calendars appropriately. I will send out an agenda packet detailing the items to be discussed at the next meeting in the near future. Sincerely Scott Bounds G 0 City Attorney SB:eht Evidence Rule 201. Judicial Notice of Adjudicative Facts (a) Scope of rule. This rule governs only judicial notice of adjudicative facts. (b) Kinds of facts. A judicially noticed fact must be one not subject to reasonable dispute in that is is either-(1) enerally known within the. territorial jurisdiction of the trial court or ?2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. (c) When discretionary. A court may take judicial notice, whether requested or not. (d) When mandatory. A court shall take judicial notice if requested by a party and supplied with the necessary information. (e) Opportunity to be heard. A party is entitled upon timely request to an opportunity.to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. (f) Time of taking notice. Judicial notice may be taken at any stage of the proceeding. (g) Instructing Jury. The court shall instruct the jury to accept as conclusive any fact judicially noticed. Evidence Rule 204. Determination of Texas City and County Ordinances, the Contents of The Texas Register, the Rules of Agencies Published in the Administrative Code Judicial notice may be taken of the ordinances of municipalities and counties of Texas, of the contents of the Texas Register, and of the codified rules of the agencies published in the Administrative Code. Any party requesting that judicial notice be taken of such matter shall furnish the court sufficient information to enable it properly to comply with the request, and shall give all parties such notice, if any, as the court may deem necessary, to enable all parties fairly to prepare to meet the request. A party is entitled upon timely request to an opportunity to be heard as to the propriety of taking judicial notice and the tenor of the matter noticed. In the absence of prior notification, the request may be made after judicial notice has been taken. The court's determination shall be subject to review as a ruling on a question of law. 21 AGENDA CITY CHARTER REVIEW COMMITTEE 4:30 P.M. WEDNESDAY, AUGUST 7, 1985 CONFERENCE ROOM, CITY HALL 4:30 P.M. Convene Meeting. DISCUSS POSSIBLE AMENDMENTS TO THE CITY'S CHARTER, INCLUDING: 1. Amending § 7.03 related to form of petitions; 2. Amending § 11.16 related to publication requirements for sale of bonds; 3. Amending § 14.01 providing for an interim government and budget; 4. Amending § 14.22 related to judicial notice; 5. Amending § 4.09 related to councilmember abstentions from voting; and 6. Amending §§ 4.01 and 4.19 related oremoval and-ppointment f councilmembers from office. Posted: —�—p.m. August 2, 1985 Signed:To# Scott Bounds, City Attorney /f-RRTER `ter//JQ` ��Vi EtJ Goi,,.n,rre� City of Huntsville ifsr LEGAL DEPARTMENT 1212 AVENUE M CITY HALL—HUNTSVILLE,TEXAS 77340—(409)295-6471 August 16, 1985 Dr. Richard Cording Chairman 220 Elmwood Huntsville, TX 77340 Ms. Linda Schulz 2300-6r-os-st4mher.s_— �C Huntsville, TX 77340 Mr. Mike Canon 237 Pine Valley Huntsville, TX 77340 Dear Committee Members, At the meeting held on Wednesday, August 7, 1985, the Charter Review Committee took the following action: 1. Approved recommending proposed amendment to § 11.16 related to publication requirements for sale of bonds; 2. Approved recommending proposed amendment to 14.01 related to interim government and budget; 3. Approved recommending proposed amendment to 14.22 related to judicial notice; 4. Requested additional information regarding City Secretary's screening duty for petition signatures under § 7.03 related to form of petition; 5. Requested alternate wording for proposed amendment to § 4.09 related to councilmember abstentions; and 23 Charter Review Committee August 16, 1985 Page 2 (6) Requested additional information regarding proposed amendments to 4.01 and 4.09 related to removal and appointments of councilmembers from office. It was agreed not to add a procedure for council to remove councilmembers, but instead, evaluate removal provisions of the charter. I am attaching the agenda and materials related thereto for the next meeting to be held at 4:30 p.m., Wednesday, August 21, at City Hall. Sincerely, SeIR '911� Scott Bounds City Attorney SB:eht Attachments 24 AGENDA CITY CHARTER REVIEW COMMITTEE 4:30 P.M. WEDNESDAY, AUGUST 21, 1985 CONFERENCE ROOM, CITY HALL 4:30 P.M. Convene Meeting. Discuss possible amendments to the City's Charter, including: 1. Amending § 4.09 related to councilmember abstentions from voting; 2. Amending § 7.03 related to form of petitions; 3. Amending §§ 4.01 and 7.08-7.11 of the City Charter related to removal and recall of city councilmembers; 4. Amending § 4.19 related to appointment of councilmembers; 5. Amending § 14.10 related to personal interest in City contracts; 6. Amending §§ 4.02 and 4.17 related to limitations on terms and eligibility of mayor and councilmembers; and 7. Amending § 6.02 related to date and nature of runoff elections. Posted: Lp.m. August 16, 1985 Signed: TM#iJsui Scott Bounds, City Attorney 25 ALTERNATE ONE: SECTION 4.09. ABSTENTIONS Unless a member of Council states e4ther that he is abstaining because he has a potential conflict of interest, er he desires to wa4ve the rege4rement for reeens4derat4oH of an erd4naRee Rat passed uRaR4meus4y; then he shall vote upon every issue upon which a vote is called. A member present who abstains for any other reason shall be recorded as having cast a negative vote. ALTERNATE TWO: Each member of the Council in attendance at the Council meeting shall vote upon eve issue upon which a vote is called unless the member declares a conflict of interest and files an affidavit stating the nature and extent of the interest., A member present who fails or refuses to vote without filing the affidav it describing the conflict of interest shall be recorded as having cast a negative vote. Reasons for proposed changes: The City's original charter required that all ordinances be considered at two separate regular meetings unless passed by unanimous vote of the councilmen present upon the first reading. The charter was later amended to dispense with the requirement that ordinances be considered at two separate meetings if not unanimously passed. Therefore the language proposed to be deleted is now surplasage. Proposed additions indicated by underline; deletions by str4kee8ts. 26 acquired with public funds provided such public servant has actual notice of SECTION 5.EXCEPTIONS.(a)The governing body of a governmental the acquisition or intended acquisition. entity may contract for the purchase of services or personal property with a (c)If the public servant fails to file the affidavit provided for herein within business entity in which a member of the governing body has a substantial the time period prescribed,his intent to commit the offense provided herein interest if the business entity is the only business entity that provides the shall be presumed. t needed service or product within the jurisdiction of the governmental entity (d)An offense under this section is a Class A misdemeanor. and is the only business entity that bids on the contract. Art.988b,Prohibiting Councilmembers From Voting On (b)The governing body must take a separate vote is any budget item g 9 specifically dedicated to a contract with an entity in which a member of the Matters That Would Benefit Him Or His governing body has a substantial interest and the affected member must Relatives; - abstain from that separate vote.The member who has complied in abstain- Requiring Disclosure of Certain Interests ing in such vote under procedures set forth in Sections 3 and 4 of this Act SECTION 1.DEFINITIONS.In this Act: may vote on a final budget only after the matter in which he is concerned has been resolved. (1)"Local public official'means a member of the governing body or SECTION 6.REMOVAL FROM OFFICE.The penalties and remedies anotherofficer,whetherelected orappointed,paid or unpaid,of any district provided by this article do not limit common law remedies of tort,contract, (including a school district),county,city.precinct,central appraisal district, or equity,including a suit for damages,injunction,or mandamus.The transit authority ordistrict,orother local governmental entity who exercises finding by a court of a violation under thisarticle does not render an action of responsibilities beyond those that are advisory in nature. the governing body voidable unless the measure that was the subject of an (2)"Business entity"means a sole proprietorship,partnership,firm, action involving conflict of interest would not have passed the governing corporation,holding company,joint-stock company,receivership,trust,or body without the vote of the person who violated this article. any other entity recognized in law. SECTION 2.SUBSTANTIAL INTEREST.(a)A person has a substantial interest in a business if: (1)the interest isownershipof 10 percent or more of the voting stock or shares of the business entity or ownership of$2,500 or more of the fair market value of the business entity;r, (2)funds received by the person from the business entity exceed 10 1� percent of the person's grass income for the previous year. (\j (b)A person hasa substantial interest in real property it the interest is an equitable or legal ownership with a fair market value of$2,500 or more. (c)An interest of a person related in the first or second degree by either affinity or consanguinity to the local public official is a"substantial interest." SECTION 3.PROHIBITED ACTS.(a)Except as provided by Section 5 of this Act,a local public official commits an offense if he knowingly: (1)participates in a vote or decision on a matter involving a business entity in which the local public official has a substantial interest if it is reasonably foreseeable that an action on the matter would confer an eco- nomic benefit to the business entity involved; (2)acts as surety for a business entity that has a contract,work,or business with the governmental entity;or (3)acts as surety on any official bond required of an officer of the governmental entity. (b)An offense under this section is a Class A misdemeanor. SECTION 4.AFFIDAVIT.If a local public official or a person related to that official in the first or second degree by either affinity or consanguinity has a substantial interest in a business entity that would be peculiarly affected by any official action taken by the governing body,the local public official,before a vote ordecision on the matter,Shall file an affidavit staling the nature and extent of the interest and shall abstain from further participa- ton in the matter.The affidavit must be filed with the official recordkeeper of the governmental entity. 66 66, At the last meeting, concern was expressed regarding the discretion of the City Secretary to determine the validity of signatures on petitions. In reviewing the Charter, I find § 7.04 Filing, Examination and Certification of Petitions, more closely concerns this matter than 7.03, Form of Petitions. That section provides that "the City Secretary shall determine whether the same (petition) is properly signed by the requisite number of qualified voters." I believe this section gives the city Secretary adequate discretion to determine the validity of the signatures on petitions submitted to her office. SECTION 7.03. FORM OF PETITIONS. Initiative petition papers shall contain the full text of the proposed legislation in the form of an ordinance, including a descriptive caption. Referendum petition papers shall contain a sufficient description of the ordinance sought to be referred to identify it, or if the ordinance has been passed by the Council, the full text of the ordinance sought to be referred shall be-included in such papers. For a petition signature to be valid, a petition must contain, in addition to the signature, the rinted name of the signer, the signer's voter registration number, the signer's residence address, the si ng er's ward or precinct number, and the date of signing. The signatures t3 the 4R4t4ative er re€ereRdurs petitions need net be a44 appended to ene paper; but eaeh signer sha44 sign Hos name 4n 4flk er 4nde4464e peRe44; together with a Retat4eR shew4ng His res4denee address and the ward er pree4net number and ser4a4 number that appear an His pe44 tax reee4pt or exes+pt4en eert4€4eate or sueh ether deeuraent as may be preser49ed by the haws of the State of Texas to 4deRt4€y gda44€4ed veters under any future 4eg4s4at4en: No signature shall be counted where there is a reason to believe it is not the actual signature of the purported signer or that it is a duplication either of name or of handwriting used in any other signature on the petition.. and no signature sha44 be eeunted un4ess the res4deaee address of the signer 45 shewR; or un4ess 4t 4s signed exaet4y as the name of the veter appears on the off4e4a4 eepy of the edrrent pe44 44st or an e€€4e4a4 eepy of the eurrent 44st of exempt voters or sueh ether deeument as may be preseribed by the haws of the State of T=exas; to 4dent4€y qualified veters under any future 4eg4s4at4en; er uR4ess the pree4net number and ser4a4 number that appear an the signer=s pe44 tax reee4pt or exempt4en eert4€4eate er sueh ether deeament as may be preser4bed by the haws of the State of Texas to 4dent4€y qua44€4ed veters ender any future 4eg4s4at4en are Rated as above requ4red: Before the signatures on any petition paper may be counted, one of the signers of such petition paper, a qualified voter, shall make oath before the City Secretary or any other officer competent to administer oaths, that the statements made therein are true, that each signature to the paper appended is a genuine signature of the person whose name purports to be signed thereto, and that such signatures were placed thereon in his presence. Reasons for change: The 1985 Texas Legislature in H.B. 1216 adopted uniform rules for petitions. See attached. Purpose of the proposed changes is to eliminate references to—now extinct poll t?c gnd copy form suggested by Legislature. 7EX`3 LEDiSLAIIVE SERVICE y )1 .. 2/10 83 �S`.•?,7Z;,�/la Z/,E' �,3/71.� lr�r�C FII'. by Evans of Tarrant A BILL TO BE ENTITLED 26--233 AN AcT in 2 ralating to the validity of signatures on yet era petitions 3 certain elections_ BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS, 4 a, is emended by 5 SECTION 1. Chapter 1, Tax" Election Cod 6 - .adding Section Be to read as follows: 7 8e. PETITIONS IN CERTAIN ELECTIONS ' B Subdiv. 1. APPLICABILITY OF SECTION. a Except ea g rovided by Para rah b of this subdivision this section a ilea 10'.. to, ]1 (11 a etition authorized b state law or b home-rule cit 12 charter to have a estion or, ro osal submitted in an election it of a count incor orated cit or town or 13 ordered b an author 14 other olitical subdivision of this state;candidate laced on the and city charter or ballot in 15 2 a etition authorized b home-- 16 ordinance to have the name of a 17 an election ordered b an authority of the city. 18 b This section does not a 1 to a etition for a local 19 motion election under the Alcoholic Boverage Code. 20 vubdiv. 2. VALIVI.1'Y LI' 11 CIONATU IIRn 21 si nature to be valid ',a etition must: 22 1 contain in addition to the si nature: 23 A the printed name of the si ner• the signer's voter re istration number and i£ the 24 (B) t 1 6882929 GGS-F — / O ! �/04/II - n✓mom +� ta1E�� ZY �E—_ --- �b�ne�u�i-�*^. 29 d in 1 nnatu—res t^aV be obtained is si tuatera territory from which si q than one count the county of re istration• 3 (C) the slaner'e residence address and 4 (p) the date of signing; and 5 2 com 1 with an additional re irements rescribed b 6 a licable state law or home-rule cit charter or ordinance. VER-1 SIGNATURES By STATISTICAL Subdiv. 3. SAMPLE. If a FY authority 8 petition contains more than 1,000 si natures the 9 responsible for verif in the si natures ma em to anreasonable steti stieal eam lin method in detecminin whether the etitio 10 n 11 contains the re fired number of valid ei natures. However the 12 sample ma not be fewer than 1,000 si natures or less than one 13 ercent of the total number of si natures a earinq on the 14 petit_ion_ whichever .is greater. 15 SECTION 2. This Act does not apply to a petition submitted 16 before the effective date of this Act. 17 SECTION 3. The importance of this legislation and the d condition of the calendars in both houses create an lg crowds imperative public necessity that the 19 emergency and an to be read on three several 20 constitutional rule requiring bills 21 days in each house be suspended, and this rule is hereby suspended. 30 68R2929'CGS-F 2 FILLING VACANCIES (1) CURRENT CHARTER: SECTION 4.19. VACANCIES IN OFFICE OF COUNCILMEMBER. Vacancies in the office of Councilmember arising from any cause shall be filled by a majority vote of the remaining members of the Council for the unexpired term. However, if two or more vacancies exist at the same time, a special election shall be called in the manner provided for City general elections to elect successors to fill such vacancies for the unexpired terms, unless such vacancies shall exist within ninety days of the next City general election, in which event such vacancy shall be filled by appointment as in other cases. Any person elected or appointed to fill a vacancy in the office of Councilmember shall qualifications herein required for the office. possess all of the (2) STATE LAWS/ELECTIONS TO FILL VACANCIES Election Code § 41.001, Uniform Election Dates. (a) Except as otherwise provided by this subchapter, each general or special election shall be held on one of the following dates: (1) the third Saturday in January, (2) the first Saturday in April, (3) the second Saturday in August, (4) the first Tuesday after the first Monday in November. (b) Subsection (a) does not apply to: . . . (9) an emergency election to fill a vacancy in officer ordered under Section 201.053. Sec. 201.053. (a) If the governor determines than an emergency warrants hold a special election to fill a vacancy before the first authorized uniform election date, the election may be held on an earlier nonuniform date; (b) an authority of a political subdivision desiring to order a special election as an emergency election under this section must ask the governor for permission to do so. If the governor determines that an emergency exists, he shall grant permission. 31 (3) PROPOSED AMENDMENT. 4.19. Vacancies in the office of councilmember. Vacancies in the office of Councilmember arising from any cause shall be filled for the remainder of the unexpired term at the next regular election following not less than sixty (60) days upon the occurrence of the vacancy. Where more than one vacancy shall exist at the same time, or where a vacancy occurs in a ward, then a special election shall be called in the manner provided for City general elections to elect successors to fill such unexpired terms; provided, however, that if such vacancy occurs within six (6) months of a regular election, then no special election shall be called. Any person elected to fill a vacancy in the office of Councilmember shall possess all of the qualifications herein required for the office. 32 PERSONAL INTEREST: PRESENT PROVISION: SECTION 14.10. PERSONAL INTEREST IN CITY CONTRACTS. No member of the Council or other officer or employee of the City shall be directly or indirectly interested in any work, business, or contract, the expense, price or compensation of which is paid from the City Treasury, or by an assessment levied by ordinance or resolution of the Council, nor be the surety on the official bond of any officer of the City, nor for any person having a contract, work, or business with said City for the performance of which security may be required, except on behalf of the city as an officer or employee. Any willful violation of this Section shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Section with the knowledge, expressed or implied, of the person or corporation contracting with the City shall render the contract involved voidable by the Council. SECTION 14.11. NEPOTISM. No person related within the second degree by affinity or within the third degree by consanquinity to the Mayor, any member of the Council or City Manager, shall be appointed to any office, position, clerkship or other service of the City. This prohibition shall not apply however to any person who shall have been employed by the City for two years prior to and at the time of the election of the Mayor or Councilmember so related to him, or the employment of the City Manager so related to him. REASON FOR CHANGE: $ 14.10 of the City Charter was copied from Texas Revised Civil Statutes art. 988 (Acts 1875), the original conflicts of interest statute for general law cities. Effective January 1, 1984, article 988 was repealed and replaced by article 988b (see attachment to § 4.9). 988b applies to general and homerule cities. Although the new law requires fuller disclosure of conflicts of interests, it permits conflicts of interest that were not allowed under the 1875 version of the law. For example, a City may now purchase gasoline from a councilmember if he owns the only gas station in town. I make no recommendation regarding this provision. 33 C +�J - Vacancies in Office of Councilmember Texas Revised Civil Statute article 989. Vacancy or vacancies In the event of a vacancy or vacancies from any cause in the office of mayor or alderman, such vacancy or vacancies may be filled as follows: _ (a) If no more than one vacancy on the city council exists, a majority of the remaining members of the city council may fill such vacancy by appointment, such appointee to serve until the next regular city election; provided, however, in filling such vacancy, the mayor, if any, shall have a vote only in the event of a tie. (b) In lieu of filling one vacancy on the city council by appointment as provided for in paragraph (a) above, a special election may be called to fill such vacancy. (c) If two or more vacancies on the city council exist at the same time, a special election shall be called to fill such vacancies. (d) Any special election to fill a vacancy or vacancies shall be ordered, held, and conducted in accordance with the general laws of the State of Texas. (e) In the event of a vacancy in any other office in the city, the mayor or acting mayor shall fill such vacancy by appointment, to be confirmed by the city council. Art. XI, Sec. 11, Constitution. Term of office exceeding two years in home rule and general law cities; vacancies A Home Rule City may provide by charter or charter amendment, and a city, town or village operating under the general laws may provide by majority vote of the qualified voters voting at an election called for that purpose, for a longer term of office than two (2) years for its officers, either elective or appointive, or both, but not to exceed four (4) years; provided, however, that tenure under Civil Service shall not be affected hereby. Provided, however, if any of such officers, elective or appointive, shall announce their candidacy, or shall in fact become a candidate, in any general, special or primary election, for any office of profit or trust under the laws of this State or the United States other than the office then held, at any time when the unexpired term of the office then held shall exceed one (1) year, such announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled. 34 A municipality so providing a term exceeding two (2) years but not exceeding four (4) years for any of its non-civil service officers must elect all of the members of its governing body by majority vote of the qualified voters in such municipality, and any vacancy or vacancies occurring on such governing body shall not be filled by appointment but must be filled by majority vote of the qualified voters at a special election called for such purpose within one hundred and twenty (120) days after such vacancy or vacancies occur. Art. XVI, Sec. 17, Constitution. Officers to serve until successors qualified. All officers within this State shall continue to perform the duties of their offices until their successors shall be duly qualified. Art. XVI, Sec. 27, Constitution. Vacancies filled for unexpired term In all elections to fill vacancies of office in this State, it shall be to fill the unexpired term only. 35 AGENDA CITY CHARTER REVIEW C"ITTEE 4:30 P.M CONFERENCE OROOM, CITY HALL ER l' 1985 HALL 4:30 P.M. Convene Meeting. 1. [iiscuss possible amendments to the City's Charter, including: A. Amending § 4.02 and 4.17 related to limitations on terms and eligibility of mayor and councilmembers; B. Amending § 6.02 related to date and nature of runoff elections; C. Amending §§ 4.18 and 5.10 related to pay of mayor and councilmembers; D. Amending § 5.02 related to succession for Mayor pro tem; 2. Discuss format and notice if public u l chearin on Ch rt ty er amendments September scheduled Wednesday, 7 ? Posted: 3:30 p.m. September 3, 1985 Signed"Scott Bounds, City Attorney Jvh 36 AGENDA CITY CHARTER REVIEW C"ITTEE 4:30 P.M. WEDNESDAY, SEPTEMBER 4, 1985 CONFERENCE ROOM, CITY HALL 4:30 P.M. Convene Meeting. 1. Discuss possible amendments to the City's Charter, including: A. Amending § 4.02 and 4.17 related to limitations on terms and eligibility of mayor and councilmembers; B. Amending § 6.02 related to date and nature of runoff elections; C. Amending §§ 4.18 and 5.10 related to pay of mayor and councilmembers; D. Amending § 5.02 related to succession for Mayor pro tem; 2. Discuss format and notice of public hearing on Charter amendments scheduled Wednesday, September 18, 1985, 7:00 p.m. at City Hall. Posted:3'oop.m. August 'L3 1985 Signed: Scott Bounds, City Attorney 37 Current Charter: Section 4.01 Number, selection and term of office. The Council shall be composed of a Mayor and eight Councilmembers. SECTION 4.02. QUALIFICATIONS. At the time of his election to office and during his tenure of office, each member of the Council shall be a citizen and a qualified voter of the State of Texas and the City of Huntsville and, if he be a Councilmember from a specific Ward, a resident of such Ward. No member of Council shall have resided in the City for less than 12 months next preceding the election and no member shal l be less than 21 years old. No member of the council shall be indebted to the City or be delinquent in the payment to the City of any tax or assessment. No member of the Council shall hold any other office or employment under the City government while he is a member of the Council, nor shall he hold any paid employment under the City government within two years thereafter. A member of the Council ceasing to possess any of the foregoing qualifications shall immediately forfeit his office. SECTION 4.17. LIMITATION OF NUMBER OF TERMS OF COUNCILMEMBER. No person shall be elected to more than four consecutive regular two year terms as a Councilmember. SECTION 5.06. PRIVILEGE OF VOTE AND VETO. The Mayor, as a member of the Council, shall vote upon all matters considered by the Council . . . SECTION 5.11. LIMITATION ON NUMBER OF TERMS OF MAYOR. No person shall be elected to more than four consecutive regular two year terms as Mayor. 38 PROBLEMS/CONSIDERATIONS: 1. S.B. 1120 (Article 987) approved by the Texas Legislature on June 11, 1985, requires that a mayor or councilmember be a "registered voter" rather than the "qualified elector" or "qualified voter". 2. The Charter language is a little ambiguous as to whether a person may be a councilmember and mayor more than four consecutive regular two year terms. ALTERNATIVES• 1. Substitute registered for qualified in § 4.01. 2. Delete "as a member of the Council" from § 5.06; or delete §S$ 4.17 and 5.11 and insert provision: No person shall be elected to Council for more than eight consecutive years. 39 CURRENT CHARTER: SECTION 6.02. RUN-OFF ELECTIONS. In the event any candidate for Mayor or Councilmember fails to receive a majority of all votes cast for his particular office at any regular or special election, the Mayor or, if he fails to do so, the Council shall on the first day following the completion of the official count of ballots cast at the first election, order a second election to be held on the third Tuesday following the date of such order, at which election the two candidates receiving the highest number of votes cast for such particular office in the first election, at which no one was elected to such office by receiving a majority of all votes cast for all candidates for such particular office, shall again be voted for, and the one receiving the highest number of votes cast shall be elected to such office. The City Secretary shall give notice of such run-off election by causing said notice to be published at least ten days prior to the date of such election in the official newspaper of the City. PROBLEMS/CONSIDERATIONS: ly held on 1 Saturday lin April.ar The City would al elections aalsre orlike te to conduct the runoff elections on Saturday. 2. At least one councilmember has requested that consideration be given to awarding the position to the person with the most votes (plurality) to avoid runoffs. 40 CURRENT CHARTER: SECTION 4.18. COMPENSATION OF COUNCILMEMBERS. Each Councilmember shall receive a salary of Ten Dollars for each regular meeting which he attends: SECTION 5.10. COMPENSATION OF MAYOR. The Mayor shall receive a monthly salary of $50.00. PROBLE-SIOERATIONS: FROM HOMERULE CHARTERS IN TEXAS CITIES. Table I shows the breakdown on council salaries. s, As with mayor token payments on a per meeting or monthly basis are the most common, although the total payments are generally lower for council members than for mayors. The charters in 54 percent of reporting cities either specify nosalaries at all or expenses only for council members. Generally t is little correlation between council salaries and population, although those which provide no council salaries tend to be in the less p pulahted groups. BLE CITY SIZE BYACOUNCIL SALARIES To, None 5-10 1115-50 City Size in Group or exp. meet. meet. month month5-10 25-10 1-120 300 up only year per year 5-10,000 39 20 5 1 4 4 4 10-30,0001 33 18 3 3 2 2 30-80,0002 2 15 5 3 3 0 3 1 0 80,000-over 13 5 2 2 Total100 qg 13 I 0 1 2 9 7 10 g 5 41 Compensation is another area in which mayors are treated much the same as other council members. As shown in Table II, 70 percent of surveyed cities report their mayors receive the same compensation as other council members. In those cases where the mayor's salary is different from other council members, the mayor is usually paid only slightly more. TABLE II SALARIES OF MAYORS Salary Number Same as for other council members 70 $8-20 per meeting 2 $25-50 per meeting 2 $15-25 per month 4 $50-100 per month 10 $150-500 per month 4 $1-600 per year 5 $720 up 3 Total 100 Table II shows that among cities where the mayor's compensation is different from other council members, the most common payment schedule is a monthly stipend ranging from $15 to $500. The largest amount by far paid to any Texas mayor is the $71,425 annual salary specified in Houston, which has a mayor-council form of government with a "strong" mayor system. With the exception of Houston, however, the other nine mayor-council cities reporting in this survey pay their mayors little more than in council- manager governed cities. This general pattern of token compensation is in keeping with the following admonition in the Model Charter: The potential danger of conflict between the mayor and the manager cannot be ignored. Mayors, however chosen, and sometimes individual councilmen have on occasion become improperly involved in detailed managerial matters. Cities are warned against adopting arrangements which encourage this. Among practices to be avoided are provision of a substantial salary for a part-time mayor, giving the mayor power to appoint any operating personnel and providing the mayor with personal staff other than stenographic. 42 In Texas, the tendency to provide token compensation for mayors appears to be the product of at least three factors: 1) The movement to council-manager forms of government, whereby the mayor's administrative role is reduced to symbolic importance. 2) A tradition of "weak" mayor governments, even among mayor-council cities. 3) The belief that monetary gain should not be a motivating influence for elected public servants at the local level. 43 AGENDA CITY CHARTER REVIEW C"ITTEE 7:00 P.M. WEDNESDAY, SEPTEMBER 18, 1985 COUNCIL CHAMBERS 1212 AVENUE M 7:00 P.M. Convene Meeting. 1. Call to Order - Chairman Richard Cording 2. Hold Public Hearing on possible Huntsville City Charter Amendments. 3. Discuss possible city Charter Amendments and reports, if any, to City Council. 4. Adjourn. Posted:q:30 a.m. September-13, 1985 Signed:,Lai / Scott Bounds, City Attorney 44 NOTICE OF PUBLIC HEARING ON HUNTSVILLE CITY CHARTER The Charter Review Commission of the City of Huntsville, Texas, will hold a Public Hearing on proposals to amend the City Charter. Copies of amendments being considered by the Commission are on file at the Office of the City Secretary, 1212 Avenue M, (409) 291-5403. The Public Hearing will be held on Wednesday, September 18, 1985, 7:00 P.M. at the Council Chambers, City Hall, 1212 Avenue M, Huntsville, Texas. All interested citizens are invited to attend and to participate. CITY OF HUNTSVILLE, TEXAS By Scott Bounds, City Attorney TO RUN SUNDAY SEPTEMBER 15, 1985 AND MONDAY SEPTEMBER 16, 1985 45 S14,24ARY OF CHANGES CHARTER REVIEW C"ISSION I. Qualifications of Mayor and Council 4.02) II. Abstentions 4.09) III. Compensation 4.18, 5.10) IV. Vacancies 4.19) V. Mayor 5.06) VI. Runoff Elections 6.02) VII. Form of-Petitions 7.03) VIII. Sale of Bonds 11.16) IX. Interim Budget/Government (H 14.01, 14.01A) X. Judicial Notice 14.22) XI. Gender XII. Recall/Removal Report. *approved writing report to Council re removal and recall without recommendation. 46 SECTION 4.02. QUALIFICATIONS. At the time of k4s election to office and during k4s their tenure of office, the Mayor and each member of the Council shall be a citizen and a gda4ified registered voter of the State of Texas and the City of Huntsville and, if he be a Councilmember from a specific Ward, a resident of such Ward. No member of Council shall have resided in the City for less than 12 months next preceding the election and no member shall be less than 21 years old. No member of the council shall be indebted to the City or be delinquent in the payment to the City of any tax or assessment. No member of the Council shall hold any other office or employment under the City government while he is a member of the Council, nor shall he hold any paid employment under the City government within two years thereafter. A member of the Council ceasing to possess any of the foregoing qualifications shall immediately forfeit his office. REASON FOR CHANGE: Require voter registration for candidate. SECTION 4.09. ABSTENTIONS. URaess a The Mayor and each member of the Council in attendance at the Councilmeeting states e4ther that he 4sasta4R4RQ beeause he bas a petent4a4 ee044et of 4RterestT or he des4res to wa4ve She rege4reR+ent for reeeRs4derat4on Of an er64Ranee no passed wRan4meds4y- then he shall vote open on every issue upen wk4ek that a vote is called unless thatperson declares a conflict of interest and files an affidavit statins the nature and extent of the interest. A merRbererson who absta4Rs €er aRy ether reason fails or refuses to vote without filing the affidavit describing the conflict of interest shall be recorded as having cast a negative vote. REASONS FOR PROPOSED CHANGE: The City's original charter required that all ordinances be considered at two separate regular meetings unless passed by unanimous vote of the councilmen present upon the first reading. The charter was later amended to dispense with the requirement that ordinances be considered at two separate meetings if not unanimously passed. Therefore the language proposed to be deleted is now surplasage. SECTION 4.18. COMPENSATION OF MAYOR AND COUNCILMEMBER5. The Mayor and each Councilmember shall reee4ve a sa4ary of Ten Be44ars for eaeh regu4ar a+eet4Rg wk4ek he attends serve without pay or compensation; provided, however, that they shall be entitled to all necessary expenses incurred in the performance of their official duties. SECTION 5:19: COMPENSATION OF KAQR: REPEALED. The Mayer ska44 reee4ve a meRtk4y sa4ary of $58:98: 47 SECTION 4.19. VACANCIES IN THE OFFICE OF COUNCILMEMBER. Vacancies in the office of Councilmember arising from any cause shall be filled by a majer4ty vete of Eek rema4R4Rg meffibers of the Gevne44 for the remainder of the unexpired term at the next regular election following not less than sixty60 days upon the occurrence of the vacancy. Hewever; 4€ Ewe er Where more than two vacancies exist at the same time, a special election shall be called in the manner provided for City general elections to elect successors to fill such unexpired terms. ; uR4ess seek vaeaRe4es sha44 ex4st w4th4R R4Rety days of the next 64ty genera4 e4eet4onj 4R wk4eh event sueh vaeasey sha44 be €444ed by appe4Rterent as 4R ether eases= Any person elected or appe4Rted to fill a vacancy in the office of Councilmember shall possess all of the qualifications herein required for the office. REASON FOR CHANGE: Replace appointment system. SECTION 5.06. PRIVILEGE OF VOTE AND VETO. The Mayor. as a raea+ber e€ the GedRe44; shall vote upon all matters considered by the Council, except in those instances where such privilege of vote is specifically denied him by this Charter. The Mayor shall have the power to veto any ordinance or resolution enacted or adopted by the Council, except those ordinances or resolutions which are not subject to the initiative or referendum process under the provisions of this Charter. To be effective, such veto must be accomplished by a veto message setting forth in writing the Mayor's reason for such veto, which such veto and veto message must be filed with the City Secretary within such three day period. The City Secretary shall deliver the Mayor's veto and veto message to the Council at its next regular meeting. SECTION 6.02. RUN-OFF ELECTIONS. In the event any candidate for Mayor or Councilmember fails to receive a majority of all votes cast for his particular office at any regular or special election, the Mayor or, if he fails to do so, the Council shall on the first day following the completion of the official count of ballots cast at the first election, order a second election to be held on the th4rd Twesday a Saturday within thirty 30 days following the date of such order, at which election the two candidates receiving the highest number of votes cast for such particular office in the first election, at which no one was elected to such office by receiving a majority of all votes cast for all candidates for such particular office, shall again be voted for, and the one receiving the highest number of votes cast shall be elected to such office. The City Secretary shall give notice of such run-off election by causing said notice to be published at least ten days prior to the date of such election in the official newspaper of the City. REASONS FOR CHANGE: All regular municipal elections are presently held on the first Saturday in April. The City would also like to conduct the runoff elections on Saturday. 48 SECTION 7.03. FORM OF PETITIONS. Initiative petition papers shall contain the full text of the proposed legislation in the form of an ordinance, including a descriptive caption. Referendum petition papers shall contain a sufficient description of the ordinance sought to be referred to identify it, or if the ordinance has been passed by the Council, the full text of the ordinance sought to be referred shall be included in such papers. For a petition signature to be valid, a petition must contain, in addition to the signature, the printed name of the signer, the si ner's voter retr gisation number, the signer's residence address, the signer's ward or precinct number, and the date of signing. Abe s4gnatures to the 4RTt#ative er re€ePe4-- �ei4e eae Aeed Ret be a44 appended to one paper; but eaeh 549Rer shag; s4gn h45 Aame 4n 4Rk or 4Rde44b4e pene4g; together w4th a Aetat4eR shew4Rg h4s re54denee address and the ward er pree4Ret number and ser4a4 number that appear en h4s pegg tax reee4pt er exeRapt48n eert4€4eate er sueh ether deeument as may be preser4bed by the haws of the State of Texas to 4deRt4€y qua44€4ed voters under any future 3eg4s4at4en No signature shall be counted where there is a reason to believe it is not the actual signature of the purported signer or that it is a duplication either of name or of handwriting used in any other signature on the petition.. and He 549mature sha44 be eewnted uRgess the res4deRee address of the s4gner 4s shewnT er uRgess 4t 4s s4gRed exaetgy as the Raffle of the voter appears eR the e€€4e4a4 eepy of the eurreRt p844 44st or an e€€4e4a4 eepy of the eurrent 44st of exempt veters or sueh ether deeumeRt as 'Ray be preser4bed by the Laws of the State of Texas; to 4dent4€y quag4€4ed voters under any future 4e9454at4en er uRgess the pree4Ret RurRber and ser4a4 RurRber that appear en the s49ner'e pegg tax reee4pt or exeFRpt4eR eert4€4eate er sueh ether deeument as may be preser4bed by the haws of the State of Texas to 4deRt4€y qua44€4ed voters ender any future 4eg4s4at4en are noted as above requ4red: Before the signatures on any petition paper may be counted, one of the signers of such petition paper, a qualified voter, shall make oath before the City Secretary or any other officer competent to administer oaths, that the statements made therein are true, that each signature to the paper appended is a genuine signature of the person whose name purports to be signed thereto, and that such signatures were placed thereon in his presence. REASONS FOR CHANGE: The 1985 Texas Legislature in H.B. 1216 adopted uniform rules for petitions. Purpose of the proposed changes is to eliminate references to now extinct poll tax and copy form suggested by Legislature. 45 SECTION 11.16. SALE OF BONDS. All bonds issued by the City shall be sold at public sale upon sealed bids after at least th4rty fourteen days notice thereof has been published at least once in a publication carrying municipal bond notices and devoted primarily to financial news, and at least th4rty fourteen days notice thereof has been published at least once in the official newspaper of the City. Such sealed bids must be opened at a meeting of the Council. REASON FOR CHANGE: The maximum time required by State law for publication is fourteen days. SECTION 14.01. INTERIM GQVERNMENT: REPEALED. The present 64ty 6everHment of the 64ty sha44 eeRt4Rue 4R €eree and effeet uRt44 the €first day of January 1973= 1t 4s the spee4€4e 4RteRt of th4s Seet4eR to make the prev4s4eRs of the November 1972 Amendment app44eab4e and effeet4ve as of January 1; 1973= The GeuRe44 members; Mayor; and a44 eff4eers and emp4eyees of the G4ty sha44 eent4Rue 4R the4r present eapae4t4es; off4ees; and emp4eymeRts unt44 prev4s4eRs of the November 1972 Amendments sha44 be put 4Rte effeet by erd4Ranee or rese4ut4on of the 6edRe44 and the Geune44 sha44 as Seen as pess4b4e put these Amendments 4Rte effeet by erd4RaRee er rese4ut4eR: Rrev4ded, that these Amendments sha44 go 4Rto effeet €4Ra44y and eemp4ete4y w4theut further aet4eR by the 6edRe44 an January 1; 1973; and thereupeR a44 e€€4ees; em pdeyments; pewers; aet4eRs and preeedures of the 64ty sha44 be under and 4R aeeordaRee w4th these ameRdffients� SECTION 14.91AT INTERIM BUDGET: The budget adapted by the 64ty for the eurrent €4sea4 year sha44 reffia4R as the budget far the 64ty uRt44 the 3ast day of Mareh- 1973= 1R the per4ed €res+ the eRd4Rg of the €4sea4 year 4R the er4g4Ra4 Charter unt44 the beg4RR4Rg of the new €4sea4 year under the Nevem ber; 1972 Amendment to sueh Charter; there sha44 be aR 4Rter4m budget prepared 4R eeeerdaRee w4th the Charter and Amendments thereto. A44 prev4s4ens of the Charter and Amendments thereto; perta4R4Rg the preparat4eRT preseRtat4eR; adept4eR; pub44eat4eR or 4R any ether respeet; sha44 app4y to th4s 4Rter4m budget: Thereafter the budget sha44 be far the €4sea4 year as set out 4R the 1932 Amendment to th4s Charter: REASON FOR CHANGE: Time. 50 SECTION 14.22. JUDICIA6 NOTICE. REPEALED. Thos Charter ska44 be deemed a pd§44e aet; and sha43 have the €eree and effeet of the generaa aaw; may be read 4R ev4deRee w4thedt p4ead4ng or preofT and 3dd4e4a4 Ret4ee sha44 be taken thereof 4R a44 eedrts and p4aees w4thedt #drther pree€. REASON FOR CHANGE: Texas Rules of Evidence. Proposed additions indicated by underline; deletions by str4keedts. 5i THE HUNTSVILLE ITEM SUNDAY SEPTEMBER 15, 1985 NOTICE OF PUBLIC HEAR- ING ON HUNTSVILLE CITY LABSUPV, CHARTER pude vunuest p+nHwnSelYy The Charter Review Com- f1,ea]lmo.Mn.Hug.:el but 1} mission of the City of Hum- -cetlepe Gera:nus Tex gin 0. Texas, will hold a drhinp PUOI is Hearing on proposals l:grpvnd;daM to amend the City Charter . d lea eHulp&I",plp4edwesCopies of amendments be:l*am&bbbg Pr; ing considered Coin; by the Com- I4e4;a01e Ip rommunr_ete ellen mission are on lile at the Of- iheh rertall,ug In Yel4np;mm.1 lice of the Cih Secretary,_ Yr.IW wp.axp.dH bul]pp. 1212 Avenue M, MAINTII 5403. (409)291-. sve,-, Poa1lle".4" The Public Hearing will be il.mltlln. Yin.Rep.:H.S.or held On Wednesday, purobm;euu Cln.e B amen September'It.7965,7:00 PM I1C°n� lgcpU drMng'rewrd at the Council Chambers,CI- kfoMeOpB G"0"a'�Ytq tY Hall, 1212 Avenue M, `JM1f4iCpOn "ary Huntsville,Texas. All Interested 01zen5 are I er Ned lower.Mbter Or.rWs, W em Wleel rdlen;co no,, Invited to attend and to par- dvmp Nxk; etb a perform ticipate. menvel Ytor. CITY OF HUNTSVILLE, APPLY TEXAS Citey y Huntsville IBY Sc N Bounds.City At- 1212 Are.M 9-15.9-16 E.O.E. 52 THE HUMT_SVILLE ITEM MONDAY SERTEfIBER 16, 191.5 NOTICE OF PUBLIC HEAR- ING ON HUNTSVILLE CITY CHARTER The Charter Review Com- or On.city of Hunl- svilleonTeaas, will hole a Public Hearing on proals to amend me eny cnposa , Copies Copies of amendments be- ing considered by the Com- nission are on file at the Of- fice of IndCity Secretary, 1212 Avenue M, (<e91291- 5 pd. The Public Hearing will I>e nemIn ' wedne Geer19,1985, PM a1 tr�-Concil Cnmnos Cr ty Hall, 1212 Avenue M• Huntsville.Teras. All interested Citizens are nulled io attend and to par- pate. CITY OF HUNTSVILLE. TEXAS By Scott Bounds,City At- torney 9-15.41a CITY HALL NEWS TRA to discuss reservoir with city The Huntsville City Council neighborhoods. Goodwin-Laister Engineers for will meet at 6:45 p.m.Sept.17 to • Consider Resolution 85-9- second floor (structural) im- receive public input and eom- 17.1 amending the personnel provcments to the existing he tpolitics to remove the limitation vice Center Building mems. The formal session will in the begin at 7 p.m. The council's on compensator%time for certain amount of$6,950 to be paid from agenda includes: employees and amending the list available project funds. • Presentation of a report by of exempt employees. •Cin•Manager's Report d (a) Pre Dan Vance, general manager of Consider Bid 86-8 for a rear Consider a transfer of funds to he Trinity Ricer Authority, on loading (residential) garbage pave the hangar approaches at the initiation of a study by the truck 16 the lots bidder, In- the airport; (b) Consider No Bureau of Reclamation on the dustrial Disposal Stirpl}' Co. m Parking Street o des of ormal Bos feasibility of the Bcdias Rescr- the amount of 550,3 to I rade-in, to be paid from d'Arc; and, (c)office space for • air, budgeted funds. TAB,agent. Hear a request by Frank F Easlcy Circle,and other citizens • Cousidcr a proposal to • Adjournment rs executive tale for a,istlacc with a problem of authorize the city nn+na- ' to session to discuss personnel mal- for occupancy of dwellings enter into a pmfes>ional'CT fell relatine to the Evaluation of m s 1cIL (amity mideln ial (_j,,Uccnnp) cUnt—IL "I'll chartcrcmPlovccs. 53 City of Huntsvi e 'To BUILD AND SERVE A BETTER COMMUNITY HUNTSVILLE.TEXAS 77340 1212 AVE.M.-P.O.BOX 839 (409)295{471 Mayor and Council City Hall Huntsville, Texas 77340 Dear Mayor and Council: I enclose the report of the Charter Review Commission for your consideration. The report includes proposed amendments for the City Charter of the City of Huntsville. We look forward to discussing our recommendations and findings with the Council on November 12th. Sincerely, J i Richard A. Cording Chairman Charter Review Commission 54 The Charter Review Commission was appointed by City Council pursuant Section 14.25 of the Charter on March 5, 1985. The Commission consisted of Richard A. Cording, Mike Canon and Linda Schulz. After considering amendments and issues proposed by City staff or suggested to City staff, a public hearing was held on September 18, 1985. One interested citizen, Councilmember Bill Green, appeared and offered suggestions at that hearing. The Commission offers this final report for the consideration of City Council. 5 /\ City of Huntsville 'TO BUILD AND SERVE A BETTER COMMUNITY HUNTSVILLE.TEXAS 77340 1212 AVE.M.-P.O.BOX 839 (409)2956471 Mayor and Council City Hall Huntsville, Texas 77340 Dear Mayor and Council: I enclose the report of the Charter Review Commission for your consideration. The report includes proposed amendments for the City Charter of the City of Huntsville. We look forward to discussing our recommendations and findings with the Council on November 12th. Sincerely, J i /Richard A. Cording Chairman Charter Review Commission 54 The Charter Review Commission was appointed by City Council pursuant Section 14.25 of the Charter on March 5, 1985. The Commission consisted of Richard A. Cording, Mike Canon and Linda Schulz. After considering amendments and issues proposed by City staff or suggested to City staff, a public hearing was held on September 18, 1985. One interested citizen, Councilmember Bill Green, appeared and offered suggestions at that hearing. The Commission offers this final report for the consideration of City Council. INDEX I. Qualifications of Mayor and Council (§ 4.02) II. Abstentions (§ 4.09) III. Compensation (§§ 4.18, 5.10) IV. Vacancies (§ 4.19) V. Mayor (§ 5.06) VI. Runoff Elections (§ 6.02) VII. Form of Petitions (§ 7.03) VIII. Sale of Bonds (§ 11.16) IX. Interim Budget/Government (§§ 14.01, 14.01A) X. Personal Interests (§ 14.10) XI. Judicial Notice (§ 14.22) XII. Gender XIII. Recall/Removal. 5v I. The Charter Review Commission recommends the following change to the Huntsville City Charter:* SECTION 4.02. QUALIFICATIONS. At the time of k4s election to office and during k4s their tenure of office, the Mayor and each member of the Council shall be a citizen and a gdal4€4ed registered voter of the State of Texas and the City of Huntsville and, if he be a Councilmember from a specific Ward, a resident of such Ward. No member of Council shall have resided in the City for less than 12 months next preceding the election and no member shall be less than 21 years old. No member of the council shall be indebted to the City or be delinquent in the payment to the City of any tax or assessment. No member of the Council shall hold any other office or employment under the City government while he is a member of the Council; Rep shall he held any paid erRpleyment under the G4ty government w4th4R twe years thereafter. A member of the Council ceasing to possess any of the foregoing qualifications shall immediately forfeit his office. REASON FOR CHANGE: S.B. 1120 (Article 987) approved by the Texas Legislature this session requires that a mayor or Councilmember of a general lav, city be a "registered voter". The Commission recommends this change for consistency with state law and ease of administration of elections. II. The Commission recommends the following change to the City Charter: SECTION 4.09. ABSTENTIONS. Unless a The Mayor and each member of the Council in attendance at the Council meeting states e4ther that he 4s absta4R4Rg l3eeaese Me has a Netent4a4 eeR€l4et of 4Rterest; or he des4res to waive the requ4reR+ent far reeeRs4derat4eR of an erd4RaRee Re passed eRan4mees4y; then he shall vote open on every issue upon wb4ek that a vote is called unless thatep rson declares a conflict of interest and files an affidavit stating the nature and extent of the interest. A Raember person who ahsta4Rs €er any ether reaseR fails or refuses to vote without filing the affidavit describing the conflict of interest shall be recorded as having cast a negative vote. REASONS FOR PROPOSED CHANGE: The City's original charter required that all ordinances be considered at two separate regular meetings unless passed by unanimous vote of the councilmen present upon the first reading. The charter was later amended to dispense with the requirement that ordinances be considered at two separate meetings if not unanimously passed. Therefore the language "or he desires to waive the requirement for reconsideration of an ordinance not passed unanimously" is surplasage. The Commission recommends the djitional provisions regarding filing of affidavits for consist r(cy with the recent State law requiring such affidavits. rJ ! *Additions in text indicated by underline; deletions by str4keeuts. III. The Commission recommends the following change to the City Charter: J SECTION 4.18. COMPENSATION OF MAYOR AND COUNCILMEMBERS. The Mayor and each Councilmember shall reee4ve a sa4ary of Ten Be43ars for eaeM requ4ar x+ee€4Rg wk#ek he attends serve without pay or compensation; provided, however, that they shall be entitled to all necessary expenses incurred in the performance of their official duties. SEGTI8N 5:I9: 6BMRENSATIBN BF MAYOR: REPEALED. The Mayer shawl weee4ve a FReRth4y sa4ary of $S9--99-- REASONS SB--9B:REASONS FOR CHANGE: The Commission believes that monetary gain has not been, and should not be, a motivating influence for elected public servants at the local level. In fact, several Council- members now serve the City of Huntsville without compensation. Moreover, a recent study by the Institute of Urban Studies for the University of Texas at Arlington showed that over half the cities between 10-30,000 paid no compensation to Councilmembers; more than seventy-five percent are paid the same or less that Huntsville's Councilmembers. The Commission believes the token sums paid to the Mayor and Councilmembers could best be spent elsewhere. IV. The Commission recommends the following change to the City Charter: SECTION 4.19. VACANCIES IN THE OFFICE OF COUNCILMEMBER. Vacancies in the office of Councilmember arising from any cause shall be filled by a FRajer4ty vete of the rem+a4n4Rg rRember5 of the GeeRe44 for the remainder of the unexpired term at an election not less than sixty 60 days after the occurrence of the vacancy. Newever; 4€ two or FRere vaeaRe4es exist at the saffl t4FRe;A special election shall be called in the manner provided for City general elections to elect successors to fill such unexpired terms. ; un4ess seeh vaeaRe4es sha44 ex45t w4th4R R4nety days of the next G4ty geRera4 e4eet4on- 4R wh4eh event 5HEh vaeaRey sha44 be €444ed by appe4Rtment as 4R ether eases: Any person elected er appe4Rted to fill a vacancy in the office of Councilmember shall possess all of the qualifications herein required for the office. REASON FOR CHANGE: Replace appointment system. V. The Commission recommends the following changes to the City Charter: SECTION 5.06. PRIVILEGE OF VOTE AND VETO. The Mayor; as a RFerRber of the GouRe44; shall vote upon all matters considered by the Council, except in those instances where such privilege of vote is specifically denied him by this Charter. The Mayor shall have the power to veto any ordinance or resolution enacted or adopted by the Council, except those ordinances or resolutions which are not subject to the initiative or referendum process under the provisions of this Charter. To be effective, such 5n veto must be accomplished by a veto message setting forth in writing the Mayor's reason for such veto, which such veto and veto message must be filed with the City Secretary within such three day period. The City Secretary shall deliver the Mayor's veto and veto message to the Council at its next regular meeting. REASON FOR CHANGE: The positions of mayor and councilmember are district positions under the Charter. This reference to mayor as "member of council" may cause confusion regarding the applicability of Sections 4.17 and 5.11 of the Charter. VI. The Commission recommends the following changes to the City Charter: SECTION 6.02. RUN-OFF ELECTIONS. In the event any candidate for Mayor or Councilmember fails to receive a majority of all votes cast for his particular office at any regular or special election, the Mayor or, if he fails to do so, the Council shall on the first day following the completion of the official count of ballots cast at the first election, order a second election to be held on the th4rd Tuesday a Saturday within thirty 30 days following the date of such order, at which election the two candidates receiving the highest number of votes cast for such particular office in the first election, at which no one was elected to such office by receiving a majority of all votes cast for all candidates for such particular office, shall again be voted for, and the one receiving the highest number of votes cast shall be elected to such office. The City Secretary shall give notice of such run-off election by causing said notice to be published at least ten days prior to the date of such election in the official newspaper of the City. REASONS FOR CHANGE: All regular municipal elections are presently held on the first Saturday in April. The City should also conduct the runoff elections on Saturday. VII. The Commission recommends the following change to the City Charter: SECTION 7.03. FORM OF PETITIONS. Initiative petition papers shall contain the full text of the proposed legislation in the form of an ordinance, including a descriptive caption. Referendum petition papers shall contain a sufficient description of the ordinance sought to be referred to identify it, or if the ordinance has been passed by the Council, the full text of the ordinance sought to be referred shall be included in such papers. For a petition signature to be valid, a petition must contain, in addition to the signature, the printed name of the signer, the signer's voter registration number, the signer's residence address, the signer's ward or precinct number, and the date of signing. The s4gnatures to the 4R4t4at4ve or referendum petit4ens Reed net be a44 appended to ene paper; but eaeh 54QRer sha44 s4gn hos name 4R 4nk er 4Rde4464e peRe44; together w4tb a Retat4en shew4Rg hos res4denee address and the ward er pree4net number and ser4a4 number that appear on has pe44 tax reee4pt er exempt4eR eert4€4eate or seek ether deeumeRt as xRay be preser4bed by the Laws of the State of Texas to 4dent4€y gea44#4ed veters ender any future 4eg4s4at4on- No 59 signature shall be counted where there is a reason to believe it is not the actual signature of the purported signer or that it is a duplication either of name or of handwriting used in any other signature on the petition.; and Re signature sha44 be eousted dn4ess the res4denee address of the signer 45 shown; Or uR4ess 4t 4s s49ned exaet4y as the name of the rater appears en the a€€4e4a4 espy Of the eurrent pe44 44st or an Off4e4a4 eepy of the eurrent 44s€ of exempt "eters or sueh ether doeument as may be preser46ed by the Eaws of the State of Texas; to 4dent4€y Qua44€4ed "eters ender any future 4eg4s4at4eR; OF un4ess the pree4net number and ser4a4 number that appear OR the s4gRer's pe44 tax reee4pt er exempt4en eert4€4eate OF sueh ether deeumeRt as may be preser4bed by the haws of the State of texasto ident4€y qua44€4ed "eters under any future 4eg4s4at4en are on any petition paper Rated as a6e"e requ4red. Before the signatures may be counted, one of the signers of such petition paper, a qualified voter, shall make oath before the City Secretary or any other officer competent to administer oaths, that the statements made therein are true, that each signature to the paper appended is a genuine signature of the person whose name purports to be signed thereto, and that such signatures were placed thereon in his presence. REASONS FOR CHANGE: The 1985 Texas Legislature in H.B. 1216 adopted uniform rules for petitions. Purpose of the proposed changes to eliminate references to now extinct poll tax and copy form suggested by Legislature. VIII. The Commission recommends the following changes to the City Charter: SECTION 11.16. SALE OF BONDS. All bonds issued by the City shall be sold at public sale upon sealed bids after at least th4rtY fourteen days notice thereof has been published at least once in a publication carrying municipal bond notices and devoted primarily to financial news, and at least th4rtY fourteen days notice thereof has been published at least once in the official newspaper of the City. Such sealed bids must be opened at a meeting of the Council. REASON FOR CHANGE: The maximum time required by State law for publication is fourteen days. The City Charter inconsistency with state law can pose problems. t the Council, vely by IX The ordinance,sdelete thesion m following mends a no substantive provvilsionsfrom�the City Charter pursuant Section 14.21: SECTION 14.01. INTERIM 6gVERNm4 NT, REPEALED. The present 64ty Government of the 64ty sha44 eeRt4nue 4R €eree and effeet unt44 the €first day Of January 1973: 1t 4s the spee4€fie 4RteRt of th4s Seet4eR to make the pre"as}ens of the Ne"ember 1972 Amendmentapp44eab4e and effeet4"e as of January 1; 1913-. The Gedne44 members; Mayer; and a44 eff4eers and erRp4eyees of the 64ty 5ha44 eent4nue 4R the4r present eapae4t4es; 8ff4ees; and emp4eymeRts eRt44 pre"4s4ens of the November 1972 Amendments sha44 be put 4nte effeet by erd4RaRee er rese4ut4OF of the 6euRe44 and the 6eene44 sha44 as SeeR as pess4b4e put these Amendments 4Rte effeet by erd4Ranee er rese4ut4eR_ Pre"4ded, that these Amendments sha44 ge 4nts effeet 60 €4Ra44y and eamp4ete4y w4thout further aet4en by the Goune44 on January I;; 1973; and thereupon a44 off4ees; emp4eyments; powers; aet4ens and preeedures of the 64ty sha44 be under and 4n aeeerdaRee w4th these arneRdments: SEGTI9N 14.91A: INTERIM BUDGET: The budget adopted by the 64ty for the eurrent €4sea4 year sha44 rerRa4n as the budget for the 64ty uRt44 the Oast day of kareh; 1973: In the per4ed €rerR the eRd4Rg of the €4sea4 year 4n the or4g4Ra4 Charter unt44 the 6eg4RR4Rg of the new €4sea4 year under the Neveffiber; 1972 AFRendfRent to sueh Charter; there sha44 be an 4Rter4m budget prepared 4n aeeordaRee w4th the Charter and AmeRdmeRts thereto A44 prev4s4en5 of the Charter and ARaeRdFReRts therete; perta4R4ng the preparatieR; presentatioR; adeptieR; peb44eat4oR or in any ether respeet; sha44 app4y to th4s 4Rter4m budget: Thereafter the budget sha44 be for the €4sea4 year as set out 48 the 1922 ARieRdFReRt to th4s Charter: REASON FOR CHANGE: Time. X. The Commission recommends the following change to the City Charter: SECTION 14.10. PERSONAL INTEREST IN CITY GGNTRAGTS- EMPLOYMENT. No member of the Council or other officer or employee of the City shall be directly or indirectly interested in any work, business, or contract, the expense, price or compensation of which is paid from the City Treasury, or by an assessment levied by ordinance or resolution of the Council, nor be the surety on the official bond of any officer of the City, nor for any person having a contract, work, or business with said City for the performance of which security may be required, except on behalf of the City an an officer or employee. No member of the Council shall hold any paid employment under the City government within two years after holding office. Any willful violation of this Section shall constitute malfeasance in office and any officer or employee guilty thereof shall be subject to removal from his office or position. Any violation of this Section with the knowledge, expressed or implied, of the person or corporation contracting with the City shall render the contract voidable by the Council. REASON FOR CHANGE: This subsection is taken from Section 4.02 because it is not a "qualification" of office. XI. The Commission recommends the following change to the City Charter: SECTION 14.22. JH9I6IA6 N8TI6E. REPEALED. Thos Charter sha44 be deeFRed a pu644e aet; and sha44 have the €eree and effeet of the geRera4 4aw; Riay be read 4n ev4denee w4theut p4ead4Rg or pree€; and jud4E4a4 Ret4ee sha44 be taken thereof 4m a44 courts and p4aees w4theut further pree€.- REASON FOR CHANGE: Texas Rules of Evidence provide for judicial notice of municipal documents. 61 XII. The Commission recommends that the City Council, administratively by ordinance, replace the gender terms "he," "his," and "him" in the next printing of the City Charter. XIII. The Commission studied the recall/removal portions of the City Charter. Although the Commission does not recommend any changes, the Commission would make the following report: State law provides a procedure for removing mayors and council- members of certain types of cities from office. The procedure (attached as appendix A) applies only to "general law." The Commission does not believe that Council should attempt to structure a similar procedure for Huntsville. Instead, such inquiry should be directed to modifying the recall procedure of the existing City Charter. The Commission did not reach a consensus over easing the existing petition requirements for recall. Appendix B, attached, provides additional information of the City's recall procedure and the similar provisions of other cities across the state. 62 APPENDIX A: STATE LAW-REMOVAL OF OFFICERS Art. 5972. "Incompetency" (a) By "incompetency" as used herein is meant gross ignorance of official duties, or gross carelessness in the discharge of them; or an officer may be found to be incompetent when, by reason of some serious physical or mental defect, not existing at the time of his election, he has become unfit or unable to discharge promptly and properly the duties of his office. (b) In the case of a justice of the peace who is not a licensed attorney, "incompetency" also includes the failure to successfully complete within one year from the date he is first elected, or if he is in office on the effective date of this Act, one year from the effective date of this Act, a forty-hour course in the performance of his duties and a twenty-hour course each year thereafter; said course to be completed in any accredited state-supported school of higher education. Art. 5973. "Official misconduct" By "official misconduct" as used herein with reference to county officers, is meant any unlawful behavior in relation to the duties of his office, wilful in its character, of any officer intrusted in any manner with the administration of justice, or the execution of the law; and includes any wilful or corrupt failure, refusal or neglect of an officer to perform any duty enjoined on him by law. Art. 5974. Articles apply to cities The two preceding articles shall apply also to mayors and aldermen. Art. 5991. Mayor and aldermen The mayor and aldermen of any incorporated town or city may be removed from office for official misconduct, wilful violation of any ordinance of such town or city, habitual drunkenness, incompetency, or for such other cause as may be prescribed by the ordinances of such town or city. Art. 5992. Alderman When written sworn complaint charging any alderman with any act or omission which may be cause for his removal shall be presented to the mayor, he shall file the same and cause the alderman so charged to be served with a copy of such complaint, and shall set a day for the trial of the case, and notify the alderman so charged and the other aldermen of such town or city to appear on such day. The mayor and aldermen of such town or city, except the aldermen against whom complaint is made, shall constitute a court to try and determine the case. 63 Art. 5993. Against mayor When any such complaint is made against the mayor of any incorporated town or city it shall be presented to an alderman of such town or city who shall file the same, and cause such mayor be be served with a copy thereof, and shall set a day for a trial of the case, and notify the mayor and other aldermen to appear on such day. A majority of the aldermen shall constitute a court to try and determine the complaint against the mayor, and they shall select one of their number to preside during such trial. Art. 5994. Procedure The rules governing other proceedings and trials in the courts of justices of the peace shall govern. If two-thirds of the members of the court present upon the trial of the case find the defendant guilty of the charges contained in the complaint, and find that such charges are sufficient cause for removal from office, the presiding officer of the court shall enter judgment, removing such mayor or aldermen from office and declaring such office vacant. If the defendant be found not guilty, judgment shall be entered accordingly. Any municipal officer so removed shall not be eligible to re-election to the same office for two years from the date of such removal. Art. 5995. Not to apply to all cities The provision of this title as to municipal officers shall not apply to any town or city except such as are incorporated under the general laws of this State. 6� APPENDIX B: REMOVAL/RECALL OF COUNCILMEMBERS HUNTSVILLE CITY CHARTER: SECTION 7.08. POWER OF RECALL. The people of the City reserve the power to recall any elected officer of the City of Huntsville and may exercise such power by filing with the City Secretary a petition, signed by qualified voters of the City equal in number to at least thirty percent of the qualified voters of the City demanding the removal of such elected officers. The petition shall be signed and verified in the manner required for an initiative petition. SECTION 7.09. RECALL ELECTIONS. The provisions regulating examination, certification, and amendment of initiative petitions shall apply to recall petitions. If the petition is certified by the.City Secretary to be sufficient, the Council shall within ten days thereafter order an election to be held within thirty-five days thereafter to determine whether such officer shall be recalled. SECTION 7.10. RESULTS OF RECALL ELECTION. If the majority of the legal votes cast at a recall election be for the recall of the officer named on the ballot, the Council shall immediately declare his office vacant, and a special election for the filing of such vacancy shall be called and held forthwith in accordance with provisions of this Charter on elections. An officer thus removed shall not be eligible to hold office again in the City of Huntsville within a period of two years from the date of his recall. SECTION 7.11. LIMITATION ON RECALL. No recall petition shall be filed against an officer within six months after he takes office, and no officer shall be subjected to more than one recall election during a term of office. COMMENTS: Recall is a means by which voters may remove their elected representatives before their term of office has expired. While recall procedures are similar to those for initiative and referendum, they are usually more detailed and stricter in their terminology. Broadly speaking, there are three types of recall, with some variation among cities: 1) The simplest form is over the question to recall or not to recall an official only. 2) A slate of candidates is placed on the ballot in opposition to the office-holder whose recall is being sought. The voters cast their ballots as in any election, with the person receiving the largest number of votes taking office. 3) Similar to number two, with the additional necessity to vote on the matter of recall itself. A majority of voters must approve of the recall; then the votes are counted for candidates and the incumbent. � 6J PETITION REQUIREMENTS FOR RECALL - TEXAS CITIES REQUIREMENT NUMBER 10-20% of qualified voters 16 More than 20% of qualified voters 17* Huntsville 10-20% of votes cast at last regular city election 8 More than 20% of votes cast at last regular city election 46 No provision 13 Total 100 There are several alternatives involving percentage and numerical requirements on petitions. In Weslaco, a recall petition requires the signatures of 50 percent of qualified voters, further stipulating that 20 percent of them must certify that they voted in the last election. In Garland, the requirements are different for the mayor than for other council members, with at least 800 signatures required for a council member's recall petition and at least 2,000 for the mayor's. Eighty-one percent of the charters require a majority vote of those voting to recall an official. This represents near unanimity among cities with recall procedures specified in their charters, although three cities require a 2/3 vote. There is somewhat less unanimity as to provisions limiting the frequency with which recall elections may be called. Fifty- seven percent of charters require such a limitation, usually no more than every six months, while the remainder have no such provision. VOTERS IN HUNTSVILLE 30% OF YEAR REGISTERED REGISTERED VOTED 1982 6,330 1,899 1,760 1983 7,852 2,356 1,957 1984 6,675 2,002 1,594 1985 9,643 2,893 1,636 The expense of elections is a consideration in structuring alternatives that may effect the frequency of such elections. The 1984 and 1985 regular municipal elections cost $3,500 and $3,000, respectively. Recall elections that affect only one ward would be approximately $875 each. 6 t:� EXHIBIT C. CITY COUNCIL 1. Agendas and Minutes . . . . . . . . . . . . 57 2. Ordinance Calling Election . . . . . . . . 99 NOTICE OF A MEETING N0. TYPE: FM (INpC0MPLIA6252_NCE WITHTARTICLE NOTICE is hereby given that the Huntsville City Council of the City of Huntsville, Texas will conduct a _gEaWl R Meeting on Mar-� lags at 7 00 P.M. in the City Hall Council Chambers. Items to be discussed and/or acted upon by the City Council at this meeting are listed on the lower portion of this page. TIME OF ING: 10:00 A.M. DATE OF FOSTItlG: 3-1-85_ — ---- th De Shaw (SEAL) City Secretary 7:00 P.M. Convene in Regular Session 1. Call to order by the Honorable william V. Nash, Mavor. 2. Invocation: Reverend Lynn Johnson, First Presbyterian Church. 3. Consider the minutes of February 26, 19R5. [1-4] FY 4 Audited Report 4 Receiver the bvn of tBrVenthall&B Reynolds; Mr. Reynolds. and 4a. Consider anticipated Southwestern Bell Rate Case and Meeting and City's authoriza- tion for participation. [4a-f] 5. Consider a proposal to authorize the purchase of a van for the Community Services Officer of the Police Department from funds that are budgeted for replacement patrol vehicles in the current operatinn budget. [5-10] 6. Consider the purchase of crack sealer equipment from reserve for future allocation rather than certificates of obligation, as planned. [11] 7. Consider the replacement of three gear reduction drive units at the sewer plants in the amount of $20,000 to insure proper operation while the responsibility for the premature failure is evaluated [12] S. Consider Ordinance No. 85-3-5.1 redistricting the ward lines. [TBP] 8a. Consider Proposed Domestic Program Budget Cuts--TML Survey. [13-161 9. City Manager's Report--Gene Pipes. 10. Mayor's Activity Report--William V. Nash. 11. City Council Action. 12. Adjournment. F.Y.I. Climatological Report [17] City News Notes [18-19] Friends of the Library Letter [20] 6i 89 NATURE OF EMERGENCY The nature of the emergency is the approaching election time deadlines. RESPECTFULLY POSTED, Ruth DeShaw, City Secretary March 1, 1985 10:00 A.M. MINUTES OF THE HUXTSVILLE CITY COUNCIL MEETING HELD OH THE 5TH DAY OG MARCH,1985 iN THE CITY HALL CW NC IL CHAMBERS,LOFATEO AT 1212 AVEtA1E M IN THE CITY OF HU NiSYILLE.CW NTY OF NAL KER,TE%AS AT 7:00 P.M. The Council met in regular session with the following members present: William V.Nash,Mayor City Officers Present: 0. Eugene Barrett Stephen E.Davis Gene Pipes.City Manager Jerry L.Dowling Scott Bo-da.City Attorney William B.Green Ruth DeSha w,City Secretary r. Percy Howard,Jr. Jane lb nday Bob Tavenner MEMBER ABSENT: Bill Hodges f The meetiiq was called to order by the Honorable William V.Nash,Mayor. The invocation was presented by the Revere nC Lynn Johnson of the First Presbyterian Church. CONSIDER THE MINUTES OF THE PREI':OUS MEETINGS Counc it membar M'oa'rtx ee the mo t agprove them u of Ge_bruar and Cou nciinember 3arre:t i setonged he Ati we_ ane the mot,gn o Beau_ 1 i, count it mem Yr Dv wl Ing noteena ss;on from the March i, 19es minute of the ere rgency meetinG nfo.the Council ,r:h z:the coo til member 5 cconeing the motion to p•0ceetl wain a re dis:r;ding grtlinance w meted. He note d that Should belisted: "Councilmember Hod Es s andel the nrotion:' With this c ection,a Counc ilneF—;r owtng m e the m n to apprD ve the Mar c F,1, 1986 m,n.,.__ane Counc;tmember Howard seconded'ne m0.,on. n fa'or a the",-E, s"u usiv. RECEIVE 79B 3-lose AU OITED FINANCI4:.REPDPi ArvC"AYA:;EIf rvT LETTE !Pece;ve and hear the G !at ion of the FY 1983-1984 Audit,.F ial c Management Lette__= r-otl B B rtna 6r Re'no ds;Mr. John P.eyno ds Ma von Neal indicated Lou nc ilrtrtcbers''o,,rl and Tavenner servetl oC.the audit committee. He asked Council- member Tavenner to introduce the teEic and Mr, John Reynolds. Counc it kar'er Tavenner the,presented the report and ranarere n!letter and introduce["r.Reynolds to review the,. t Yr. R...olds then reviewed the salient features of the report. In rev awing the ma negenent letter,Mr. Reynolds suggested the city institute an Internal Service Fund to account for the financing of goods or services Drevided by oro tlepariment or agency of a government to other departments or av,cies on a c05t- !basis. He noted this funtl would be tlez igned to accumulate the total cost(including depre- ciat0onsandnoverheaci Of pro,idine a particular%deice,and this fund is to be reimbursed for these costs li by th•e departments or agencies to which they are provided. He noted it is their suggestion that the City condo c2 a tires and motion stutly i various tlepartments to formuta!e good statistical informati or.that would allow formulae to be developed wh ith could then be used t0 detercine if use 0t an]asked l Se rv;to Fund gold be of benefit to:he City in tracking and allocation of c s. The Council asked many questions arCine this re �-r,dation in order to ob'a in clar;ficat;on of,IN-it would-Or'and what the benefit ulC be. Mr.n raids ineicateC:heir--ern 5 that maybe not all of the costs a e be jnG C;si r1buted as thea are beingeusetl and that there needs,to be technique developee as a means ofr app Co aching that. After a discussion of other DointI,a de in the management letter,Mr.Peynol ds noted it is also their that the present F c;Fc coo nti ng Cape rtment be sena rated into: "Finance/internal Auditing; Fc counting/'an;and Data P s se0ardte the cut. ,and responsibilities t°gradually enhance the City's add,nistrative E15-- May _er.. H°r.,Is,this recommen dz ti or.is be ins na tle internal con,rol purposes. Mayor Nash,thant.ed Nr. Revnclos for ort. ^M.r. P.eynolds indicated the City has come a lone way in°four _years in s financial status and h hc-rwnetle dvthem for tM1 ee pr"re ss that hasrbeen made. Mayor'.a'C." ntled Patricia Elden,Director of Finance,far r ce, ing such.ar. .cellen!report f om the auditing firr.. CONSIDER SOUTHWESTEP.f1 BELL PATE CASE sitar - B it R t=C nd Meeting and City's au ih ori n for pa rtic iGation ..cr Mayou':a ted i apGea rS Sou:nwsstern Bail ;s plznn Ing to repo est an c e which will am ant to about 30'..v the be s'cn ra:e. He noted the T as ILricipal .eague i ask;nG our participation with other°citie6 r'ited by>u:h'e:'e rr.Bell, to study eyethe<omGany's request and to present ev"dente regard;nocnhB p£Der reaueste::. He notd there will he a meeting in Austin at 10:09 A.•'. Mar o hip,o u atiiesto ted cit;es;n to is ne t car. He noted there is n intlication of what oo st there m 9 that to the city x-nthiE ticipation. it was the G eral feeling tha•.os nee there is no cost°,ligation, the Cou ncii would-1101 imine in this effort. en Lounc'inerbar Monday'made the motion�tc pprtthe 't v's av o5t,ane COgnt it member Hgwa Seto need tfie moe;Dn. C'u2cilmember oow — pL�e,tt,g�, a 5gn,�g.mere noc,o`ihe Puc nos a cuff in ptacEdto re;e and swe'these marers. a l other 0 OPPOSr_C tos to is motion, m�rbers of i.g E;1 voted FOR th=ration and the motion Dossed by a got ev oiws n tv one C. nc ilmenber Ho does 'is absent CONSIDER PURCHASING A VAN Co 'de the roposal to a iia[he purchase ,for ihe Comru nit'Servjces Off uer of the Police f f d th t°L°f bud Rated for D a a p h,t e ,the t opera tins butlget. F T1 latera not trol vehicle with the Mayor Nash presented ,is proposal rather than the purchase of a new r p t Pa van w re ode quatel funds budgeted for the replacement patrol vehicle in the Curr nt budget. He noted preven n mnodato the materials and equipment used by the Co,mu nity Services Officer and t their°dama ge, y transport. Mr.Pipes,City Manager,noted this officer makes speeches all over the community and used the puppets for presentations and uses the drug paraphernalia kits to make presentations on drug abuse.etc. He the newly appointed Chief of police,Mr,Hank Eckhardt,Jr.,has indicated his support for this project and this request. Mr.Pipes presented estimates ranging from 510,040 to S11,131 for a stripped down vans Mayor Nash indicated his support for the services this officer provides. Councilmerrber Davis asked"there was any thought given to purchasing an"enclosed trailer"rather than a stripped down van. He noted the trailer would house securely the equipment and materials and could be transferred from ane vehicle to another - easily,providing the vehicles have a hitch. He felt this would not tie up a vehicle all day for a single our p0So Lound ilmember ldnday noted there may be other purposes planned for the use of the a-it pipes noted there really wa o thought to use the van for group transportation to meetings,et[.,aSni[was spe" tied tc be stripped dorm without seats other than the two front bucket seats. After some tlis cussion and the Council's feeling that CouncilmeRiber 0a vis'suggestion meritetl some investigation,Co�unci�l nenber�Dowlin _ j made the motion to table this motion and COuncilmember Itnda seconded the motion. warA7l a in favor and the motion passed unarm mous v CONSIDER A CRACK SEALER !` Consider the purchase of crack sealer a uipment from reserve for future allocation rather than certificates 4 of obliaatn4n,a5'a netl. f Mayor Nash notedthestaff is requesting purchasing the crack sealing machine for the street division from operating funds, rather than as a certificate of obligation. He noted the crack sealing mt chine was previously approved by[Dune ii,cos:ing S7 Z,d00,and was advertised as a certificate of obligation purchase. He noted he concurs wi:n the st2fs.'s recoimren dation and feels i[ is apo moria to to purchase this equipment r with ope ra Linc funds r then than f m.cert ificxte5 of obi Cation. CDoncil.m rber Monday na de the motion tt approve of th chance in fundinc fgr the era ck sealer aqui cent from certificates of ob igati6H to funds to the reser fu fur -Dr.and Cou n[i menDer Davis Secpnded thf motion. 1 we n favor and the motion pas SeG�n2 n1 mops v CON'SIDEF.eEPLACEHENT OF FOUR GEAF REDUCTION OPIVE UN17S Consider the repia cement of f ur ear reductio tlrive u its at the sewer plants in the amount_f S?0.00_:to eeproner ope r2tr�.-reSpDnsi bi itv�hp prema Lure la,i,re is su rMayor Nash.presented a request from Boyd Wilder,Director of Public Utilities to transfer funds in the i' amount of 520,ODD to reFlace three of the sixteen,gear retlu coon drive units at the A.J.Brown Treatment Plant antl one of the four Dear reductio..drive units at tke N. 6. Oavidso Aastewater Treatment Plan!. He noted these u.,,S cost approximately s-4,50u each and aDpro,.inately 550 0 per nit for installation hardware. He noted these funds are ailable in the eke a for future all Ocat ion,u wh ich has a balance of approximately 5200,OOC. He notedheill c nue to work rwith.the ma acturers to determine why the gears failed a valuate the problem.for the most equitable solution;however,beta use of the Potential likelinpod of anri j. treatment process problem.i Hct corrected prior to warm weather,he requested immediate dation to replace the untCounCilmemer Barrett made oche motion to ap rove of the rep lac errant of these three gear d tion j. drive units nom t e reserve for utu re a Deet tor.an Counci me er Mon av Seton a the Moon. Alm �. in favor and the motion passed Una nimusty. The Council asY.ed that this Problem he aggressively Pursued for reso ution and a To port ma Ce back to the Council of the findings of the staff and their ultimo to final solution to the problem on the failure of these drive units. CONSIDEc F NEL.'REDISTPiCTING ORDINANCC Consider Ordinance No.E5-11 r_ strictino the ware lines Pa-Nash noted in the emendenc'meeting of the City Council,held on March 7,1985, the Council in s.ru epee the City Attorney,Scott Bounds,to prepare an ordinance to redistrict the City' Ward 3 to achieve compliance with the'Voting Rights Act and the Justice Department in W'ashin9ton D. C. He not o d the City Attorney has pre- Par" an ordinance which re[i,trictS Ward Land consequently also Wards 1 and 4. He then presented this ordinance, the caps ion of wrich is as follows: ORDINANCE 1110. E5-1: A!:07DIYANCE OF'HE CiiY CDUNCIL OF THE CITY 0=NDN-S1'ILLE,-YAS a_EO!Slg:Ci1N.5 COUNTIL W""NUMBERS 1,3 ane 4 B1'THE ADDITION OF[ER-Ai!;P707EPitES:A,0 PROVIDING THE EFFECTIVE DATE IT EC_ City Attorney, Scott 5ouncs, ad,ised that the proposed redistricting plan Seek'to accomplish two mx pu rpD Se S: 1j tries to maintain the r ial characteristics of W'a rds 1, 2,3 and 4 as nearly as possible,before antl after the preposetl redistricting and 2) it seeks to u well kngwri antl easily identifiable lam dna rks a undo ry lines of the city's wards. He noted:his i accordinc t-what was discussed on Friday in the e maetinc of the Council. he felt this action w Com,ly with'he guidelines of the Justice Department regard- redistricting,Ha ther.described o the Had the areas aff:_ted by this chance,not'ng Some 10 tars i v0tine precinct 102 will n w be voting i precinct 105 dntl s voters now voting precinct 301 wilt now be v - nct 401;or,some v era will be changed from�W'artl to W'a rdn3 and some from Ward 3 o hard 4, ir.orderntc rattain the proper reci-I balance in Ward 3,which contains .ti-precincts 105 and 301. After`_Tie' "''I"ssion.by the City Council regarding the effect of this t ange on the conduct ! and p%lecore5 of the occoHi .el ectiDn,2 vote W s then taken. Councilmember Barrett'2 do the-ti Dn to aP-r.ve f Ord- "'No.BS-1. III CDuncilrember Cowling seconded'lFe rp,erg, ria see.ln5 e innddica%a s'a'P.2nded to abstain from votin because she was cont netl about 2 o55 isle conflict of inier_t due to Per candi a an Punci, nct me. er Howard seeking r-e ectiDn a5 the Ward 3 Council-' nem er .... indicated his intention toabstainfrom.voting due to his concernaboutx possible rdnflict of i Interest due to his Candida,` lI Other Cou Ime ergs an the Haver voted Fal.the motion and i asses ember Hodqes is�. ALeis unci men! . The Council members ep,essed concern for proper notification Df voters who have loss,affected b this redistricting, noting they wish to instruct the City tc d=liver hx ndbilis or some other notificat iogt0 each household indicating to any potential voters affected where their polling place wilt be for the upcoming April i. 6 City and HISD elections. It was noted the staff will ke every effort to mike proper notification and will additionally usethe local news media to clarify voting locations for all voters, including those most recentli affected by this change. Council ca 5panish. mber Green stressed that the for notices be in both English and 70 Mayer Hash then presented another ordinance,the caption of which is as follows,which will amend the Municipal Election Ordinance No.85-6 whl ch was adopted on February 5. ORDINANCE NO.85-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING ITS ORDER FOR THE MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF APRIL,1985,FOR THE PURP05E OF ELECTING A MAYOR AT-LARGE AND FOUA COUNCILMEMBERS;PROVIDING FOR ELECTION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION;AND PROVIDING FOR THE U POSTING AND PUBLICATION OF NOTICE. Mr. n of the"ec City Attorney, noted the only two changes Wade in this amending ordinance are in the affected;tion Of the election precincts indicating who votes where. He noted County election precinct 102 is aalontetl wherein that portion of this precinct east of Highway 75 North votes at the 10th Street Baptist Church along with the other voters in precinct I.E. He noted the other change is that portion of voting precinct 301 �. south of 11th Street(Highway 190)will vote at voting precinct 401 at the Goree Unit Recreation Center. 4 f Mayor Nash noted there should be no conflict of interest a-g the Council regarding this ordinance it is an amendRrrt pf the earlier ordinance calling the election to make it in compliance with the U. { redistricting ordinance. Councilmember Davis made the motion to adopt Ordinance No.85-12 amending the election ordinance of February 5 and COuncl member Barrett seconded the 1rott0n�TT a to favor and the motion Oa Ss�d u nim0u s.y. CONSIDER PROPOSED DOMESTIC PROGRAM.BUDGET CU'S--TM, SURVFa Mayor a y.r Nash presented this survey and a:ked Mr. Pipes to advise Df his reco—dations. Mr.Gene Pipes. City Mzna9er,presented his ranking 0t these itecs, as fellows: 2 General Revenue Sharing 7 EPA Sewage Grants —5 CDBG Z Public Safety State and Local 9 UDAG Assistance Program 3 Housing Assistance 8 Small Business Administration 10 EDA 'R Manpower Training Programs 6 Transportation =Other FAA Grants After s ne discuss;.,o n for the order s :eC above,Mayor Nash sugoes ted submitti nc o r list sh owin_o the! only.ne1,noted he woultl have ra nkeC HDusing AS Si stance a number two but hdC nr.PrObl em tith the lis to;hetwa,it i Yayor Mash then r wed the other replies made to the s vey by Mr. and he Council -r—reo with chis response to tnisesurvey and its submission to TML with arfew clarifl-1.11. r CITY MANAGER'S P.EPORT--GENE PIPES s City c Gene Pipes, City Na nage,, rea;the Service Center on Highway 75 rode,the Council of the joint City and 115D auction to be held on March 23 at the Ci[v's Fire Station N..SNorio. NIMLO National ! chute of Municipal Law Offic rsl Gene P City N na?er advised that City Attorney, Scott Sounds,has been ap0ointed to the MLnicipal Officie' Liabil itv lnsv,once Comit:ce[ig r;Liability of Local Governme n;Officials],chaired by MI. David La6rec. former TML Gene re! Counsel. State Board of Insurance Letter c`February 27,1985--Fire Defense Peview of Feb Nary 13-15,1985 Mr.Pipes presented tt is letter from Mr.Tom Bond, Cpnmissioner of Insurance,by Mr.Hugh N.Heflin, Chief Engineer,Enc ine=riot Section,Property Division,which outiined a recent evaluation of the City's fire defer Mr.Pines pointed out a number of erroneous facts reported by Mr.Heflin in this evaluation report whicr.caused the State Board of Insurance to a seas key rate charges ago in, the City. Mr, pipes notetl the City should respond to these inic rade i order to clarify the city'st ac tool situation. the Council indi- :etl their c ecu rr a that tri,csnouldsbendone and inpuiretl as to the actual rto meta ry effect of the n charges. M-.gP ipesen tetl _city has made significant improremen;s i i s fire defenses over the last ef ift een years,but apparentlyoi credit for the effort. He dig not tha ve the total dollar effect of this erroneous evaluat, ;but to if you figure 5c on 51,000 of insured value over 15 years, it can be alot of money. The City Maneger asked the Council for their authorization for the City Attorney and him.to Du rsue a -va tug of o .due to the number of or, and oversights in this evaluation. He noted the .,D this doer v set a ;mum rate,or oro thea purposes Of a tablishing insu an a cov r over the teperion feet e` notetlVetri s goinc tobefifteen years before another rs vey i Pis upon itiscu,bent upon the c'ty t and i appropriate fashion to itis r and the c s that are likely t volve because o`P., icrdissemira to Dn of i met—that i ecu. The ec Ma yor and Council c ur red th e author,-tit,,be c en for the City Manager and City Attorneys to r_tn.,d appropriately as outline nd YE MAYOR'S=CTIVITY REPOT--HILLIAM V.'ASH BOARD OF-DJUSiMENTS AhC APREALS--APPOINTMENTS Ma, - Nash noted three of the merbers of this board have completed their t of office, and they a . David R.ii nes,Gene Meyers,xno Joe Sa PP, as of Ja nus•'y 1.195`_. M.e noted thermother two nenbers stil ire until Ja ruary 1 of 1986 a e Cha rtes Schutz and Bill Anotts. ne noteC these are three year to m,s. He,then nominated the£.Mewing three People: Joe Sandal (technical background,engi,ee,ine,egree 01-01-85 to 01-01-88 former owner of buildinc ma ter ix l5 business) Mike Ussery Ussery investments (Huntsville a Dallas) 01-01-85 to 01-01-88 (' I ( Allan Pritchard State Department of Highways and Public Transp. 01-01-85 to 01-01-88 k Cou nc ilmember Monday made the motion to approve of these three new appointments and eouneilmenber Barrett , __ l econded the motion. A77 in favor arW the motion passed u ent.ously. POLICE PROMOTIONAL REVIEW BOARD--APPOINTMENT lNyor Nash notetl this three me Der board consists of Bill Ha k.(01-01-86).(01-01-86),Robert Shearer(01-01-87)and Frank Robinson(01-01-85). He nosed he would like to nominate Jimmy D. Shaddock,an employee of the Ellis II Unit of TDC,to assume the term of Frank Robinson,which expired January 1. He noted this 1s a three year term and Mr. Shaddock will serve until January 1,1988. Councilnember Monday made the motion to approve of this appointment and Cou n[il meDer Barrett seconded the nation. All were in favor and the motion passed unanimously TOURIST COUNCIL--APPOINTMENTS Mayor Nash noted the Tourist Council members serve one year terms. He noted it is necessary to jointly appoint the new Council for 1985-1986 with the Lharber of Comerce Director. Mr.Hash then advi setl sone of the existing members have agreed to serve another one year term. He then listed them and others for appointment: Steve Bullard (reappointment) 01-01-BS to 1-86 Margi Carey (reappoi raiment) 01-01-85 to 01-01-86 Tom Rogers (reappointment) 01-01-85 to 01-01-86 William Wood (reappointment) 01-01-85 to 01-01-06 John Reynolds (new) Oi-01-85 to 01-01-86 Joe Kme , Don Kraeraamer Janet Graue Sally Craycraft T.Pennington I' .' a Trow I� I_ dime Der randay made the mo o approve o the above=lev meDer cr apooi me t to the Tourist Counc�. and Council member Howard seconded the motion. A.i we orf -- �pn tl us lyj PAg KS ADVISORY BOARD--REAPPOI NTYENTS Mayor Nash ooted the Parks Advisory Board has three appoih,-ht5 expiring this year. He noted this board has not been able to pe rfo_it intended function because of limitations On the staff. He noted they were to I' wort o aster (—Prehensive)plan for the parks. Favor Nash noted after the initial introductory meeting, this boa ,Ihasnot been called together far a meeting and they have just been waiting for the staff, to get back, to them. He noted his displeasure about all this delay. He urged the staf to make sonic=progress so in this rad tier. He noted he wishes to reappoint the three citizens whose terms areexpired for this r He then Irk recommended the reappointment of the following members of the Parks AEvi sory Board for ane theretwonyear Serm. I� Barbara Hart 01-01-BS to 01-01-67 - j Lu venin JDh nSon 07-07-85 to 01-01-87 Ralph Pease 01-01-E5 to 01-01-67 �. ov a-moms Council member Mon Eay made the mot ior.to apor of the Mayor's r nations and CouncilneDer Dowling seconded the motion. 'il fa E th miction pa safe unan inol v. CHARTER REVIEW COMMITTEE--APPOINTMENTS Mayor Nash noted as per the Council's approval last week,he n-wishes to homlhate three individuals to Ij serve on the Charter P.eview Committee,as fellows: Dr.Richard Cording [Ad hoc Committee Ms.Linda Schulz No set term) Mr.Mike Canon I. He noted after their review,any amendments to the charter can then be prepared for the election ballot by the Spring of 1988. CouncilmeDer Barrett matle the notion t0 approve of these appointments and Councilmember Fbnday seconded the motion. All e i fa o a d the motion passed unanimously. ZONING STUDY COMMISSION--APPOINTMENTS j Mayor Nash noted sixteen of the eighteen members have already beer,appointed. He then nominated the following tic. additional Citi rens to serve on this board: Mr.Casey Spencer [Ad hocComm'ssion Mr.Jerry Mocrzr No 5 e t term] Mayor Nash not__with the addition o`these two people, the comrission i once again in an equal balance as to attitudes antl Dh ilos ophies prc and ton zonine_.Cou nc`-''member Oowl ing ma tle the motion to apProve these two nomination-and Councilmenber'averser seconded the n. All w_ n favor an, the motion passed u I nausly. I, Nayor Nash then raccrmentled that Mr. Eil, Knotts,a member gf the Zoning Study Commission,be changed from a member to the Chairman of this commission. He noted he would not have a voting right. Couhciimember Monday made the motion to approve of Mr.Bill Knolls s Chairman of the Zoni no Study Commission and Council- I.. member Howard Seconded the motion. All were is favor and the motion passed unanl Mayor Nash no then wi to Nr.Knotts ba ing reserved as Chairman,there is stw one more pos�t ion to be filletl On the Commis- sign for a voting member and he would have a nomination for this position at the next meeting of the Co.n[il on the 11th of March. CITY COUNCIL ACTION H-GAC Annual Board Meeting--Coun<ilmeDer Percy Howard,Jr.,Huntsviile's del e9ate to the H-GAC general body rembersh ip,reported on the Board's meeting of March 1,1965 in Houston. Mr.Howard adv isetl that ie 72 MINUTES OF MARCH 5, 98 Mr.Robert Lanier,Chairman of the Texas Highway Commission infohmad those Present about the 5t gasoline tax. Mr.Lanier advised that the State has A ten year highway improvement Program 1n place and over this ten year Period,they will possibly spend$2.5 million. Councilmember Howard reported that according to W.Lanier,the farm-to-market roads will be given high priority since the large metropolitan areas ere Mr outgrowing themselves and they are moving into the rural areas. He said more money will be spent on the farm-to-market roads with preference given to the smaller communities;new construction consideretl second. ' Mr.Howard also reported that according to W.Lanier,the large trucking companies have money set aside j to take care of all of the overweight tickets they have been receiving,rro[ing the state is planning to f sue some of these large companies for the damages they have been causing to the highway system. ` He noted Huntsville may be interested in information regarding a SS million beautification fund the state has available for comiunit les to apply for funds to beautify their local highways. He noted where right- 1 of-ways are donated, [hose Projects will be put up front in the funding consideration. Counc ilme�er Howard noted since mere are lots of roads in our area that coultl use spine trees and shrubbery or just general beautification,he felt Huntsville should respond to the request for applications. _ H GAC HEALTH PLANNING COMMITTEE MEETING --Councilmember Barrett advised he attended the H-GAC Health Planning i Comm,tttee Mee[rng asi rt day.He advised that if anyone from EMS or the Emergency Corps mould like some input on a state level,he would be glad to hear their requests. He advised any other health organiaat ions in Huntsville should feet free to share their needs or comments with him. He noted he will be mating local' input into this regional health planninc committee. BIDS--NEM'EMS F;C IL ITY AT:1P.f STATION N0. Cguncilmember Dowling asked when the bids would be•ec ved on the expansion of Fire Station 40. ne to house the EYS services. Mr.Pipes noted some delay na se o[[urred but the bid opening i,now set for March 19,1985 At 2'00 P.M. iPOTHDLES AROUND i0i8:--Council,-ember Dowtih. urged the Street Depart—t toerepair the he potholesngethesec revident around town. Hr.Ptpes meted as soon as tri nos dry up somewhat, n will nz e .P-AILROAO CROSSING--SYCAMORE--Gene Pipes,City Manager, advised the Council that Sycamore Street was closed today to road crossing repairs,which have been schf d,rled for the past 18 months. He noted a large Portion of the credit for gettine these repairs done goes to a local citizen, named Lucille tulle. He said shE has spent ar nordinate amour of her personal time i the last month working with Johnny Pc'-te and badgering the Railroad C.-i' t0 the Point where[although,insulated ives far as spokeswDma nC re Her tc us and o complaints'they paid atten:'on to Mrs.Lytle as ane was a very e r ted th. re Ail crews should be t nishe:by Thursday tf it dDeSFnot rain. Ne opted dt least we wC bte to get the district m intens nce m n here. He said they are also tatting about the Avenue 1 c ossingeand the Avenue'and J crossings. Coa '1 ro Mo da' of d it would be really nice to meet that lad.' [Lucille Lytlel. NE%T MEETING--Mayor Nash noted the next meeting of this council will be March 19 and that because of Spring [ Break next weV.,the Council will not have a meeting on Parch 12. ADJOURNMENT R�,(sP//a,c(�L�(ul/ly submitted, Ruth De Shaw,C.N.C. City Secretary March 5, 1985 I l�- of MUN TSI TYPE FM �� r� N0. 33 NOTICE OF A MEETING (in compliance with Article No. 6252-17, Y.A.T.S.) NOTICE is hereby given that the Huntsville City Council of t— City of Huntsville, Texas will conduct a regular council meeting on: NOVEMBER 12, 1985, at 7:00 P.M. in the City Hall Council Chambers. Items to be discussed an: or acted upon by the City Counc' at this meeting are listed on the lower portion of this page. DATE OF POSTING: 11/08/85 TIME OF POSTING: 8:00 A.M. (SEAL) ow �UthDeShaw!,eC. M. C. City Secretary 6:00 P.M. Convene to recess into Executive Session to discuss contemplated litigation: City Vs. Conway. 6:45 P.M. Reconvene for citizen input/inuqiry session to be followed immediately by: REGULAR SESSION 1. Call to order by the Honorable Jane Monday, Mayor. 2. Invocation. 3. Consider the minutes of the previous meeting of October 29, 1985. (1-10) 4. Attending citizen: t1s. Helen Gros. 5. Discuss the recommendations of the Charter Review Commission Report--Chairman Richard Cording. (11-23) 6. Consider a request for a disability exemption from the ad valorem levy. (24-27) 7. Consider Ordinance No. 85-11-12.1 amending chapter 12, motor vehicles, to codify no parking zones. (28-29) 8. Consider Ordinance No. 85-11-12.2 amending the code of ordinances, section 12-52, to allow jury member parking in restricted zones. (30) 9. Consider a contract with the Huntsville-Walker County Chamber of Commerce for tourism services. (31-32) 10. Consider bid for emergency generators for City Hall and the Municipal Justice Center. (33) 11. Consider GSU rate request options. (TBP and 33a-33b) 12. City Manager's Report--Gene Pipes. 13. Mayor's Activity Report--Jane (Monday. 14. City Councilmember Action. 15. Media Inquiries.' 16. Adjournment. FOR YOUR INFORMATION: (34-43) a. GSU regional filing of revised schedules. 34 c. Monthly climate, health reports. 36-37 b. City electrical cost summary. 35 d. Bond Bulletin. 38-39 �e1 Community Development Reports. 40-43 GoH /l /2'�5 /H7A7utc5 3ook..O.. 96` 9 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 12TH DAY OF NOVEMBER,1985 IN THE CITY HALL COUNCIL CHAMBERS,LOCATED AT 1212 AVENUE N IN THE CITY OF HUNTSVILLE,COUNTY OF WALKER,TEXAS AT 7:00 P.M. The Council met in regular session with the following cambers present: Jane Monday,Mayor City Officers Present: DS qk Wharton Percy and,Jr. Gene Pipes,City Manager 0.Eugene Barrett Gary Bell Scott Bounds.City Attorney Jerry DDwl ing Bill Green Ruth DeShaw,City Secretary Bill Hodges Member absent: Stephen E.Davis Mayor Monday then called the citizen inquiry/commentary period open. CITIZEN INQUIRY/COMMENTARY PERIOD i Ruth Klimko,1805 Avenue P3. Mrs. Ruth Klimko noted things have generally improved in her neighborhood with the fraternity house,but she now has a problem with a group of students who live in the neighborhood and sometimes use their hone as a meeting place. She noted these student neighbors have two doberman pincher dogs,sometimes called their attack dogs, that entered their fenced yard and killed their two Samese cats that usually sleep in the garage and run. within the confines of their back yard. She noted these students belong to a group called the Society for Social Independence. Mrs. Klinko Said they had no problems with their animals before these guys moved next door. She said this is not something that she will accept and this is not something that should be going on in the neighborhood where one has to worry about their own animals sleeping in their awn garage at night and other people's dogs coming in and chewing they.up. FORMAL MEET114G CONVENED Mayor Honday then called the formal meeting to order. Reverend Cecil McKee,Chaplain,Seventh Day' Adventist Church,gave the invocation. CONSIDER THE MINUTES OF THE PREVIOUS MEETING Cou nci lmember Barre[[made the motion to ao rove the-'Pus mtes of October 2g,19B5 and Councilmember Howard se o ed the t-o a o the mononase push CONSIDER CHARTER REVISIONS Consider the recommendations of the Charter Review Commission Report--Chai-an Dr.Richard Cording 1 Mayor Monday thanked Dr.Cording and his commission members.Mr.Mike Canon and Ms. Linda Schulz,for their diligent efforts in working on the charter revisions. She asked Dr. Cording to take each amendment separately for discussion so the Council could indicate their thoughts on each on a. Section 4.02. QUALIFICATIONS. At the time of hit election to office and during his their tenure of office,the Mayor and each member of the Council shall be a citizen and a gaalified Kp ssta�red voter of the State O Texas and the City of Huntsville and,if he be a Counc,lmember rf om a specific Ward,a resident of such Warp. No member of Council Shall have resided in the City for less than 12 month'next preceding the election and no member shall be less than 21 years old. No member of the council shalt be the to the City or be delinquent in the payment to the City of any tax or assess- mens. No member of the Council shall hold any other office or employment under the City government while he is a member of the Council'mar shalt he head any paid e.e;.y t under fhe grey ing quaenf .' within fwe years fhereafEer, A member of the Council ceasing to possess any of the foregoing quali- fications shall immedia Lely forfeit his office.* REASON FOR CHANGE: S. B. 1120(Article 987)approved by the Texas Legislature this session requires that a mayor or councilmember of a general law city be a"registered voter." The Commission recommends this change for consistency with state law and ease of administration of elections. D' c ss Afte e g e al disc 5 'D for clarification,the Council generally ao_reed to d act th C ty Att e t or p th 5 Change or Charter amendment. Section 4.09. ABSTENTIONS. gmle55 a The Mayor'and each member Of the Council in attendance at the Council meeting states ei£her EpaL qe s BS Laanimg beaaase he hat a Penen£a mi et r4nfa'asfi he desires Le dive the requ iremee£€er reebmtidera£iem e€an erdinante net Passed emaeimeasly, then he shall vote open on every i55ue open whish that a vote is calletl unless that y_ o�n declares a conflict gf interest and files an affidavit statin the nature and extent of the interest.te�rest.— [ars Dnt wnD a95 Ea.a- 5 SBF aHy efher reason Tal is D=refuses to Vote without filing the affidavit describing the conflict of interest shall be recorded aS having Cast a negative voth. REASONS FOR PROPOSED CHANGE: The City's original charter required that all ordinances be considered at two separate regular meetings unless passed by unanimous vote of the councilmen present upon the first reading. The charter was later amended to dispense with the requirement that ordinances be considered at two separate meetings if not unanimously passed. Therefore the language"or he be to wa iva the requirement for reconsideration of an ordinance not passed unanimously"is surplasage. The Lommiss ion recommends the additional provisions regarding filing of affidavits for consistency With the recent State law requiring such affidavits. Discussion--After swne eneral discussion for clarification antl thou ht,the Council enerall reed to tCt t tAttorneyt pep t is C nae a 5D r<arter d. dime *Additions to text indicate by underline:deletions by strikeae£s. 75 PAGE Z. Section 4.18. COMPENSATION OF MAYOR AND COUNCILMEMBERS. The Xeyor and each Councilmember shall eee4re a salary of See B 11—ter eeeh ryeier weetfeq 040 be etteserve �tFou[EPK or tom ensati on; o�vlde�d,however,that they shall be entitled to ell necessary .Pa es�nCurwrthe performanhe r�Tfic taTs.' 5eet4ee 5,30. GBMPEN5Ai4ON OF MAYOR. REPEALED. The Mayer ahaii reee4re a■eethiy e0.,y of$59,99. REASON FOR CHANGE:The Commission believes that monetary gain has not Dee,,and should not be,a motivating influence public servants at the local level. In fact,several council members now serve the City of Huntsville without cgmpen5ation. Moreover,a recent study by the Institute of Urban Studies for the University o Texas at Arlington showed that over half the cities between 10-30,000 paid no compensation to count;lmelbers; e than seventy-five percent are paid the smile or less than Hunts,ille's Counci lmenbers. The Commission Deliev the token sums paid to the MayorandCouncilmembers could best be spent elsewhere. Discussion--Councilmember Hodges noted our neighboring cities (Madisonville and Conroe)pay in the neighborhood o��per nweti ng to its councilmembers,antl lien,h he was not advocating that,he felt the charter should not be changed from the S10.00 per meeting because the Count iimembers do incur a derta to amount of expenses look- ing at problems and projects around town when they use their personal vehicle. He noted the mayor incurs much J more expense than that because of a deeper involvement. He said he preferred a per meeting amount rather than l_ to reimburse each one for expenses. Mayor Monday indicated her hesitancy about the statement added which allows i the payment of all expenses Vncu red in the performance of their official duties because if she submitted all of expenses,it would be a ery rixrge amount. Sne felt this is a loophole that could be abused. Councilmw.mber Dowling noted he would find the sub.isSi on of expenses ea on month a little awkward a well. Councilmember Green noted the problem with the way It is is that if one i n the state payroll Ii-e..SNSU or EDC), not allowed to receive this$10.00 per meeting because ofstatelaw,and this makes it not an even one is felt it is unreasonable that some Councilmembers can be reimbursed at tnat rate and others cannot,Dosed on where they work. He felt it should be all or none. Mayor Monday noted idealistically,the$10.0G and b50.00 for the Ilayor, was put in there so that it would not prohibit anyone from being able to serve. She said if they didn't have money enough to cane down to City Hail, they could afford a taxicab to get to City Hall on Tuesday night. She s noted this i what Steve Davis has Said in the past antl sce he in not here,she felt that she could relay this statement onhis behalf. She noted this would make Se ingon theCity Council open to everyone. Or.Cording said it w S the feeling of the c n that if 510.00 would keep someone from serving, then they should not Serve . Mayor Monday noted the reoaare sane who may have a problem with that. Councilmember Hodges made the recommendation that we leave the charter like it is (510.00 per meeting and "...D per month for the Mayor). Council member Green we his a cepta,ce of the Charter Review C_,ttee's recommendation as did Councilmembers Green,Barrett and Dowling. Councilmembers 6NI-ton and Howard agreed with Cou lmember Hodges that it should stay like i Mayor Henday w s then placed i the position of having her v ofe(which w s thought to be in favor of leavi no it if ke i is)make this a tie vo[e. Rather than c e her favor o eitM1er side,she r ended that since there w split o this i m that it be held. til Councilmember Davis is present Councilmember Hodgesaidhe didn't anttos ci lmembersera suit of not getting their ten bucks ea Doth,start submitting expense accounts for driving n to the city....o Tuesday night. Councilmember Howard said he 'tl be very un comfortable withthefact that maybe he'd present San- thing that w o far out of line with what Somebody elsesubmitted and this would require so much understanding from each of a the councilmembers to feel comfortable with what one does and the paperwork and the miles,etc. Mayor Monday asked then that this one be held over until Steve Davis is present. All were in agreement. Section 4.19. VACANCIES IN THE OFFICE OF COUNCILMEMBER ' Vacancies in the office of Councilmember arising frvn any cause shall be filled by a majeriEy vete at toe _44 n,MewBers of£he Eenneil for the remainder_f the unexpired term at a election not less than sixty 60 Saysafterthe oc urrenc of the vacan v Newe r,iff Fwe er me a vaea,e>5 45E at tee same times A pec is election shall becalledin the mannercprovide'for City general velectionsetoeelect successors to fill such unexpired terms. ,de4e55 Seeh raeaeele5 Shah 2.45E within nine Ey AdyS of EBe next Ei Ey genera;e3eEE4ee,in wpi ep ereeE sn6p vaeaney'poli Be fil3eA 4y apBe4nvicenE as ze ether eases. Rny Derson elected er aBBeieteA to J fill a vacancy in the office of Councilmember shill possess alt of the qualifications herein required for the 11 office. REASON FOR CHANGE: Replace appointment system. Discuss -Dr. Cording noted the election...... be veld in less than 60 tlays,and this is because it would take thatnmuch time to get the paperwork none and get ciao ranee from the Justice Department,etc.,but it c n he held any lime tater than 60 days and there w outer limit set o when the election is heltl and this is left to the reasoning of the Council and the c ns was of the next general city election. Mr.Scott Bounds.Citv Attorney,an ted if the city needs tc ha vena election,n uniform election date(1st Saturday in Aprii, , 3rd Sato rday in January,2nd Saturday in August,or the 1st i esday a r[ne first Monday in November),that i would require preclearance with the Justice Department,whichprocesseq.ires sane 60 tlays waiting time. He notedsince this would be a change in,noting procedure,it would have to be precleared. Councilmember Hodges notes ne prefers leaving this like it I.because of the expense rnvol vad.sane 53,000 plus for each election; 1 unlessit i within 60-90 days of the next election,where the voters could then decide. Councilmember Barrett felt this new provision leaves the election date open for the Council to set and it does not demand that it be within so any days but just not less than 60 days. Ne aid the appointment system was alright,but it headed tol be ref ine0mand applicants should have had to fill out a supplication for,listing their qualifications. Council- ember Bell noted he f"s the election method preferredno r the app.in Leen[method because it beats down the idea of doings behind closed doors.conspiracies,a and open,the process. He said m understandings c if the appointment methotl i used. Councilmember XM1artm noted he agrees with Councilmember Bell antl zaitlathecc option i till there to postpone that election until a regular election o ing discretion as to the time element i volved. Mayor Monday noted she preferred the election procedureca well and said it i important that all line people be s ing and she would not favor allowing a he to a ist for a long periodsof Sime. The Council then we ent to direct the City Attorneyvtoadraft this provision for the charter amendment election. Section 5.06. PRIVILEGE OF VOTE AND VETO The Mayor,a 7"'of Ehe G44'shall vote'Pon n all matters considered by the Council.except i those instances where such privilege of vote i specifically denied him by this Charter. The Mayor shall have She power to veto any ordinance . nac a ordinanco r solution eted o adopted by the Council,ezcept those ordinances or solutions which a not SubjectSo initiative or referendum process under the provisions of this Charter. =7A-ddl such veto mast be a om lished D veto message settin forth i wri ti the Mayor', .y t indicated by underline deletions by str4keewts. .. , C _ 76 for such veto,which sato veto and ,to message Aust be filed with the City Secretary within such three day period. The City Secretary shall deliver the Mayor's veto and veto message to the Council at its next regular meeting. itions ......nF�aThe'0'1 hofs.fn il�rmaydcausectonfuziona reg rtlingcthe anPl icability ofeSections 4.17 15and 5elirof the Charters mem o ou c c Discussion--Councilmember Dowling noted it has always been a concern of his that the charter allows the mayor t e right to vote and the right to veto;noting veto power should berperwi tted when there is ren voting power. Dr.Cording noted his committee didn't feel this was strange at all. It was notedthe veto power has never been used in the past. Mayor Monday noted the veto paver is merely a holding technique and it simply hold the quo over until the next meeting whereit again vo..d upon. Arte pore general discussion Ne Council the,sed-n oted th C'tY Ati t 1 Pr pa res this provision for charter amendment. Section 6.02. RUN-OFF ELECTIONS In the event any candidate for Mayor or Councilmember fails to receive a majority of all votes cast for his particular office at any regular or special election,the Mayor or, if he fails to do so,the Council shall on th n first day follwing the canpletion of the official count of ballots cast a[the first election,order a Second L, election to be heie on Ewe" ra InesAay a Saturday with-r.thirty oote nous following the date of such order,at which:!:It lection the two[antl;da Les r eivi ng the"ghes:number f s for Such particular office in[ne first elec Lipo,a whit'no on wa5eeletteI to such office by r ving a majorityvpf all vo Les Cxst for all o and idates for such particular office, shall ago,'be voted for,[arid the o e recei ing the highest number of vote cast Shall be elected to Such office. The City Secretary snallegive notice of Such run-off election by causing said notice to be published at least ten days prior t0 the date of such election in the official now, paper uof the City. ' REASON FOR CHANGE: All regular municipal elections are presently held on the first Saturday in April. The City should also conduct the run-off elections on Saturday. Councilmember Dowling suggested not designating the day of the wee/but merely referring to a date allowed by state law in the event the legislature again changes the day of the reek. It w s felt.however.that if this happened,the charter could be amended again. The City A' direct tlat ep this item also for charter a andmant. Section 7.03. FORM OF PETITIONS Initiative petition papers shall contain the full [ext of the proposed legislation in the fon'of an ordin- 'nclutling a descriptive Caption. Referendum petition papers shall contain a sufficient description of the Ohcordina sought to be referred to identify it.o ,f the ordinance has been passed by the Council,the full text of thenordi,ance sought to be referred shall be included i such papers. For a petition Si nature to be valid. use contain in atltliti n to the si ria Are the printed n= f Le flg_ he signer's ter Eeois- t.ra�;o—tuber,tne`srenePs res,dence aaaress.the a o n ber,aannne dace oinino. s.gnePes Re—a e— {p -_"r--e' sf gsf gxa En res Ee EPePini£a£eve er vefere Pdnm ee£aEEens e0. E Be E B9eP e9£e ee5 Ba6erT�£ea P 9Per Thal-sign pis ria e E TRI or fade-ible genti-,Cage Eher rEth a Rotation hewing his r Tdende address and the warA er Bre¢ine1 nun her ands Serial RumBef Ehat aPpeav BP his poi-tax re eipt or exemption£erEif i£aEe Oras... the, deemxent a5 may he prosariBed by the taws of the State of Texas to identify gxa3f TieA vofers wader R fu6ore legis-atfen. No signature shall be counted where there is a reason to believe it fs not the actual signa- ture of the purported signer or that it is a duPlication either of name or of handwriting used in any other Signa tore on the petition.,and he sfgnatxre shall be eauleA u"e55 the residenEe ad of Ehe signer is spawn,er orleTS it i5 14 Red Exaf Ely a5 the Pdme of the ve ter d99Ea F5 an the eff4Oia-ERBy of the Current x bad Pb pthe 6a.SS 4,eR dP j offiafa7 Espy of£hf En rreat 145E of exengt voters er sato ether APEnmenE a5 may be ores',-Bed by the FawS of Ehe 5Ea Ee of{exe5,to identify qualified voters under any fu to re legislation,er artless Ehe pr¢etREt Pxmber anA real number that appear OR£he Signets pal-Eax re£efp£Or exennli.h eer£fifea Ee or sneh ether deeuneat a5 may Be preSEribed by On Laws of fhe State of Texas Ea iseRtf fy aria--tied voters under aRy future the signers hotel 15 aBeve regxf red- BE'ore the signatures on any petition Paper may be counted,one o signers s petition paper,a qualified voter,Shall make Oath before the City Secretary or any other officer Competent to ! administer oaths, that the Statements made therein are trues,othat each signature to the paper appendo is a i genuine signature of the person whose name purports to be nod thereto,ani,,,, boat such signatures were Placed 1 thereon in his presence.' t F REASON FOR CHANGE: The 1985 Texas Legislature in H.B. 1216 adopted uniform les for petitions. Purpose of the proposed changes is to eliminate references to now extinct poll tax and copy farm suggested by Legislature.prlet was noted the reference to or number refers to"election Precinct number"rather than commiz5ione is tinct number and its use and or the wa d number designation merely gives the petition more flexibility as well as assists the city secretary in certifying the names on the petition. After further discussion for clarifies- 0 the c nc'1 ask d the Cit Atter a to also prepare this itm for charter amendment. R Section 11.16. SALE OF BONDS A11 bontls issued by the City Shall be sold at public sale upon sealed bids after at least£pir£y fourteen days no ice thereof has Been pub)ishetl at least once in a publication carrying municipal bond notices and $ devoted-primarily to financial news,and at least thirty fourteen days,notice thereof has Been published at least) t1 once in the official newspaper of the City. Such sealed bids must be pened ata meeting of the Council.' 7 REASON FOR CHANGE: The maximum time required by State law for publication is fourteen days. The City Charter si5tency with state law can pose probl ens. There w questions an this change and the Cit Attorney w as Q 1asked t prepare this item for charter dmen6nent.TD._ Section 14.01. SLATER-M-GBVERNMENT. REPEALED. Section 14.010.. -LATER-M-BW9GET. REQ. REASON FOR CHANGE: Time. The Council had no uestians re ardin deletin these two sections from the charter an the Lit Attorney w s then directed to re same or deletion i a Charter amendment a act,on. Section 16.10. PERSONAL INTEREST IN E-TV EBNTMETS. EMPLOYMENT. No member of the Council or other officer or employee of the City shall be directly or iMirectly interested '3 z ..'>t' in any work,business,or contract,the expense,price or compensation of which is paid fora'then City Treasury t=}af' or by an assessment levied by ordinance or resolution of the Council,nor be the surety n the inic�lpe'nd of any officer of the City,n r for any person having a contract,work,or business with said tt ty for- 3X" ante of which sewn obe re utred,exce t on behalf of the Cit es an ofitter or.enol e. Mo m®Der of •tbSm line•pe. e 77 r.. the Council shall hold awn a�Id M to Pt under the City 9o_v�e�noneil within two ears;;Zrolding office. .' w T1�uT vTletof thfs Sect of n shall const [;mal ees�nc�n off�e and any oTli ter or employee guilty thereof shall be subject to removal from his office or position. My violation of this Section with the :I knowledge,expressed or implied,of the person or corporation contracting with the City shall render the contrac voidable by the Council. REASON FOR CHANGE: This subsection is taken from Section 4.02 because it is nota"qualif icatton"of office. The Council had no Questions regarding this change and they ordered it for preparation fo ch ter amendment. Section 14.22. JY9iG;h NBTTGE. REPEALED. ��P---tt1 REASON FOR CHANGE: Texas Rules of Evidence provide for judicial notice o.`municipal documents,therefore,this item is no longer needed. The Council concurred and authorized the City Attorney to prepare this change for i charter amendment. Dr. Cording noted the commission recommends that the City Council,administratively by ordinance,replace the gender. terms"he,""his,"and"him"in the next printing of the City Charter. Also,the commission noted it did study the recall/removal portions of the Charter, but does not recommend changes. Dr. Cording said the comnissi on does not believe the Council should attempt to structure a procedure for removing mayors and council- members,but rather,such inquiry should be directed to modifying the recall procedure of the existing City Charter. He said the coomission did not reach a consensus over a ing the existing petition requirements for recall, but did present the Council with a Cg DY of similar recall prgvis,O's Sons Df ILher Cities across the State for their consideration. Councilmember Hodges conmentled the Charter Review Commission for the fine job it has done. He noted he is pleased that our charter provides for this review session every five years. Dr. Cording expressed his sinter appreciation to Scott Bounds,City Attorney,for his helpfulness and assistance in serving with them as they conducted their study. Mayor Monday thanked or Cording and his commission members,Mike Canon and Linda Schulz for their diligent effort. She noted it is very important that the charter remain responsive and reflec- tive of the will of the people. She noted a consensus of o inion has been obtained on all items set for chap e with the exception Df one item which w be brought back [D the o n<t on NOVenber 19, 55 for consideration. CONSIDER EXEMPTION FROM TAXES Consider a request for a disability exemption from the ad valorem levy Mr. Pipes,City Manage,,noted Mr.J. B. Flovd has requested the Council's consideration of this exemption. He saitl based on the exemptions now claimed from the School District and the County,there i a potential dis- ability exemption limit value gf S22G.96D within the City. The lost levy,he said,if claimetl,would amount to 51,237 if the exemption was granted at$10,000. Mr. Pipes said the staff has surveyed ten cornparable cities concerning their exemption status and find none granting a disability exemption. He saitl the city has histori- ^ tally been very reluc tan[to grant"extra"exemptions because If the ez tens ive exempt state property within our I7 corporate limits. He se Id our philosophy has been to keep the tax rate as low as possible and be as equitable, � consistent and uniform in Our"fair sha r¢"approach to taxation as possible. The staff,therefore,c not recommend this a empti Dn status,he said,despite the m mal effect that it would have on our total revenue. He said the Council's decision is the final determinations in matters such as this and he then respectfully deferred to their consideration. Councilmember Barrett matle the motion tg allow the disabilit m tion frac.the atl valorem ley n the amount Df 10,OF,antl Count ilm�ber Green Seconded the motion. Discussion: Councilmember Barrett said the amount D money here is sg s mz and the person that qua i ies for this exemption deserves it. CDuncilmember Dowling notetl his objectionto granting any exemptions to ad valorem taxes noting mese Lazes need to be spread equitably. He said there are same judgements made bout monetary situations of people who are disabietl Dr i r 65 years of age that may not hold valid in all cases. He said if we start making exemptions,where do w oraw the line. Councilmember Barrett note' there are people over 65 that perhaps don't need exemptions,but a person who is handicappedpand can't work needs it more. Councilmember GOwli ng noted we have other ways of dealing with[his thing n a public service basis,not through tax exemptions. [Ouncilmember Wharton agreed with Councilmember Dowling and said,if we ha,E a tax system[ha[is fair,there Should be ng exemptiDnS. Cou nci�. member Green noted if we are I. have a tax system that is "fair,"we wouldn't havF an atl valorem tax system, noting the ad valorem tax is definitely not a fair tax. He noted,however,g that he i in favor of this motion. Mayor Monday,then called for a vote On this motion. COuncilmembers voile used totoemotion were: Dowl in Wharton,Hgtlg¢S dnd Bell and those voting for the motion were MaYDr Monday 2�[Dun members Barrett reen andklOward.Beta a there was a[t the motion failed. CONSIDER ORDINANCES Consider Ordinance No 85-30 amending Chapter 12,Motor vehicles. to codifyparlino Gene Pipes then presented this ordinance,the caption of which is as follows: ORDINANCE NO. 85-30 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AMENDING CHAPTER 12, ALONG VEHICLES AND TRAFFIC,OF ITS CODE OF GRAND NORM BY ESTABLISHING 0.NO PARKING ZONE j ALONG PORTIONS OF AVENUE N,GOODRICH STREET,AND NORMAL PARK DRIVE;BY ESTABLISHING I RK- ING LIMIT ZONES ON PORTIONS OF SAM HOUSTON AVENUE AND 11TH STREET;AND PROVIDING FOR A STOP SIGN AT THE CORNER OF PINE HILL ROAD AT FM 1374;PROVIDING A PENALTY OF UP TO S200 A DAY FOR CERTAIN VIOLATIONS;MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE PARKING ZONES;AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilmember Hodges made the motion to atlo t this ordinance as presented and Councilmember Bell seconded the motion. antl the motion p s Consider Ordin a Ila.85-31 amendi g thed of Ordinances, t 12-52 t all member parking i restncted z Gene Pipes then Presented this ordinance,the caption of which is as follows: =A ittl ons/n text indicated Ey Onderiine;deletions by sfrikeenfs. 78 _ ORDINANCE M0.85-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TERAS,AMENDING SECTION \ 12-52,OF ITS CODE OF ORDINANCES,PROHIBITED CURB ZONE PARKING,TO ALLOW JURY PARKING IN TIME RESTRICTED PARKING ZONES;AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. Councilmember Dowling asked if this applies to Grand Juries or J.P.court. Scott Bounds,City Attorney.noted it a0Dl ies only to a 12 or 6-man district o county court jury(trial jury)and doe not apply to Grans Juries n but would apply to the Justice of the Peace court. Counci lnrtmber Hoo a na0e the nation to ado t Ortl inane. iN BS 31 d Council b H d dcd[M1 ti [he mot on Dossed u s y. CONSIDER CONTRACT C 'd t t 'th th H t 'll -Ne lker County Chamber of Commerce for tourism services Mayor Monday presented this contract. Mr. Pipes noted the current contract expires in October Se 1986 and calls far a renewal at Ne end of the second year going into the third year. He notetl the proposed c tract is basically a repeat of the one de currently serving under during these ret ntryears. He nstetl n Roy William,tof the Chamber of Comm nercewand Betty Col ley.Chair of the Tourist Council a e here to a ower questID's Councilmemoer NDdoes TURA a a the on to adopt the contra t a .seated antl Cpuntilmanber Barrett seconded 1 cthe ont rat .scuss 0222 ou nc me-1155 re ore pu es to a w r e r so t at t e Quid .scu ss[is {I to members of the Chamber and Tourism Division and to r w programatically wnet to do with this hovel-motel tax money. Ne notetl ova the years be has questi ned whe:M1er this money is being used to its highest and Dest us Councilmember powlin motioned to table tnisoi until this discussion<ouitl take lace and 12,2cilmember Be ondeE the motion. t..... notetl we eta ing x o a rather i su sta n[la sumo m hey,appr os tmate y 5105.89atin tzxorev enue�anaehe too would rl ike to see a raather no discussion to a workds about now that money ozght.to be used. He notetl be M1as the statute c vering i useEnd noted there ares tore alternatives for its u Councilmember Hodges defended his motion by stating the Council rev ews the programs of the Tourism Divisionewhen it r ews its budget and apProves the budget. He sail the Tourism ivisipn has done a good Ion over the years and ite is dot no the Loin's the Council expects of it. Mayor MDntlay indicated she would vote n favor of the motion to table because she feels the most appropriate place for this contract s with�the Cnamber of Commerce.but In.also feels there are reoccurring aoDbis, puestions,etc.of this co ncil and she feels that once both groups sit down at the table and discuss�t, there will not be major problemsu that cannot be easily r solved. She felt the understanding and comms n icati on woo Id be very valuable for them all to o_o forte from tneesame footing. Council Green felt the Cnamber might welcome input from the Council as to he.the money might be used. He felt the not enough time is spent at budge-,time reviewing in detail how this money is used. Chamber of Commerce Executive Officer,Mr.Roy Williams,noted he welcomes the opportunity for this work session and said they always welcome ouhcil in Du t. He noted fn the past the Chamber has asked[hat a manner Of council serve on the Tourist Council antl although Councilmember Dowling did for a time,he did not contri- bute much at that time genua ne to how the funds shoo Id be spent. He said the Council chose not to have council members Serve on this<until when the last contract was drawn which was contrary to what they at the Chamber wanted. He noted he wants it made clear it was the City Council that decided not t0 have a council representa- tive on the Tourist Council,not the Chamber of Commerce because they solciled it. Councilmember Dowling noted the Council decided that because it put a member of then nc II in a strange pozi tion when the contract to a up so that[here w s almost a conflict of interest on the o auhard being a member of the group that is tryingm to ( get the money.a Mayor Monday noted there is a motion on the floor to table and she asked for any other discussion. a vote on the motion to table,Councilmembers Green,9.11,Dowlin.Howard,Barrett and Ma or Moeda voted n favor and Counci members Notlge d Wharton voietl opposed. Counci member Davis is absent. Tree_m,- Upon to table therefore carried. CONSIDER BIDS C 'd bid f s for City Hall and the M oxl Justice Center Gene Pipes,City Managerted this iter•,is brought back flast week,wban there w e re some questions about the ability of a out of town vendor being able to provide mer,ency se vice during ahurricane. He noted there is- requirement that if the 10w bid der(out of town ventlor)I not awarded the bid that he be given optic of the Council's intention to award the bid otherwise. He said the state purchasing law requires that if we tlon't chose to awartl the bid to the law bidder that we find the low bitltler irresponsible. Me said,however,a result of our meetings at the TML Meeting in San Antonio,w now understand there is<o siderable jeopardy about the avai labili iy of our currently bu tlgetetl general revenue sharing fund s. He notedna l though these funds ($45,260)war set aside in the last fiscal year budget,we feel there a sufficient threat at the present time that general r enue shaing will be affected by the balanced budgets amendments presently Pending in s thatitiseappropriate to reject all bids at this time and wait until the water settles in Washingtp . H2 noted it i now the staff's recommendation to reject all bids at this time and to reconsider this Item at n mid-Leon budget adjus tine ret time. Councilmember Barrett moved to reyct bids and Councilmember Howard se onded ch motion. Discuss io Councilmember Dow ing noted this was budgeted ast year,we'v spent some 6,00Gc to 8.00 t engin ring work nal ready on this,antl now we're going to set this bis aside. Mr Pipes clarified that Decaus of the uncertainty about revenue sharing and the threat that[his year's allocations mar¢;cn¢r be Id by 7.per quarter or the elimination of the fourth quarter a11,chent entirely; it is re< andad we holtl off until mid-year to re-valuate our budgeted expenditures from revenue sharing funds. Councilmember Dowling said the e Shari ng¢should not influence ou operations. Mr. Pipes said there are several capital purchases set - to reven a sharing antl one i volvesrthe on-going street program. He saidesi a the council allocated a nsiderabl... .nt of money in street repairs.543.500 in emergency generators,weighed against the need for street repair,msnoula revenue sharing be suddenly discontinued,creates a different perspective. He said we have a number of capi Lal projects which merit the highest cons i tle ration. Mr.Pipes Said if the city loses ane quarter f ea enue sharing,the S102,000 in revenue sharhnng.l,ftsin unallocated resery will be needed there and we'd lose our contingency fund. He said if revenue s Im lish. stopped totally inorderto balance the federal budget, then the City has a finite amount of money t0 acisepAere the street program in which we have already placed al of of stock. He said we may have to make a conprom in order to get the streets fi.ad. He said same 580;000 to 5100,1100 in revenue sharing is currently bWgetetl for the street program(super fund). This year's revenue sharing allotment should be 5343.000(projected,. Mayor y noted if we take off 5104,000 from thizvyear's allocation,you a that the balance is alre�tly budgeted in for this year. She said w ort of guessing what the fetleralagore rnment is going to do and 79 have a hard time believing they will rescind all of the revenue sharing already budgeted in for all the cities in the United States. She said since we don't know,it is felt appropriate at this time to simply"hold" until we find out what it is going to be. Councilmember Green noted then we arc not scratching this whole project. Mayor Monday noted not at all,we just placing it on hold until mid-year. Councilmember Dowling expressed his concern pushing this back again. Councilmember Wharton zald the Emergency 911 number still works even though \ � there is no power in the event of a storm. mor Monday then called for a vote on the motion Al were 1 favor and it Passed unanimously. CONSIDER GSU RATE REQUEST OPTIONS Consider GSU Rate Rede t Options Mayor Monday noted one of the alternatives(since the Council has suspended the rates for 90 days and it wil hold a public hearing some time within the next 75 days) is whether or rot to intervene into GSU's rural rate cas . She Said Lhe reason for doing this is because the rates would be set acrgss th¢district(both residential i cities and rural areas would be the same)and so by intervening in the rural rate case would mean we're asking to be heartl as Dart of that hearing on the state level and actually voicing at that time our opposition. She aid in Speaking with TML,we find that TML has formed a group which will retain the consulting servttes of Mr. Don Butler and the bill on[his Aas already been picked up by Several cities. She said if the city,at this time,wishes to add its name to join that group, it can certainly do so by asking Mr.Bounds,City Attorney, to — tlo so. Councilmember Ed _t made the motion to authorize the Cit Fttorne,Scott Bounds,to move to intervene and to use the s acro servrces o Mr. on ut er and Pu ncr mem teen secpntleC the mutton. tscussron: r Mayor Montlay noted tors does nothine or us oca y and we sti it nave our oca.option. Upon a vote of this motion,it passed a mous N. Mayor Monday noted the Council will need to decide later about setting a hearing in Huntsville. She said a proposal will be submitted to ine',later on procedure to movetoward designing a rate schedule for the city and several recommendations will be brought back to the Council on that. Count iimember Green asked if we could have a rate schedule that is different from other GSU customers. Mayor Monday said we could not. Counc Slmember Green noted he then does not understand. Mayor Monday noted the City has suspentled the rates and because of ,at e must calla public hearing se GSU can present their case and so the Council can set the rates on their owr. In order to do this,one of the options i not to hold public hearings and just to punt on the whole thing and it will then be referred to the PUC. She said anythinS ws do here will be referred to the PUC. Counc fimember Green asked then what a we ac.melt Shing. Mayor Monday noted one of the options sne'll present is what Part Arthur is doing and the rresultsgthey are going to get from their own rate study,noting we may wish to adopt the rates they recommend. Councilme-er Green said from a practical standpoint, 11 this seems useless. Council ember Hotlges said it just m ons cher=i ne more message being sent to the PUC(in oDPgsi tion). Councilmember Green didn't want'to incur expenses fora special study and then have to hire someone to defend it only to have it decided by the PUC anyway. He said he is for low rates but was concernedabout how we Can most effectively do this. Mayer Monday noted she intends to follow closely what Port Arthur does. MAYOR'S REPORT TML Meeting in San Antonio Resolutions Mayor Monday reported on the two resolutions Subcitted by the City of Huntsville to TML. The resolution authorizing cities to have a local option to raise the sales tax from 1:tD 23 with those revenues being used to help infrastructure repair,etc. in cities received f—rabie recognon. She noted in support of it was Mayor Cooksey of Austin,Mayor of the City of Cameron,but the representative from the City of Wichita Falls spoke and felt it would perhaps be politically more ad,antageous to add the counties and hospital districts to that option since it always seems to get blocked in our legislative sessions. Ina saitl reoresentatfve from E1 Paso felt that was not a good idea. 5 h saitl then a representative j from Dallas moved to table this resolution since this is not a legislative year but regues to that TML bring this back next year and to put it together within the best political climate they could yen wre as far as it being practical and maybe it will then have a chance of being passed. Ile said TMl ',staff is naw charged with that and to bring it back next iyear to give us an option on it. Mayor Monday noted the secoM resolution which asked that the stat¢be the guarantor of municipal ponds,failed to get a second,and died on the floor. TEk CEL MayorMonday felt the best thing that came out of THL was that on Friday morning,the Governor of the state did make an announcement that there has been a new program developed which is a cooperative effort between the Texas Economic Development Co�m'.ission,the TML and the Texas Industrial Development Council which is being put together by Mr.Dan Petty, who is the Chairman of the Texas Economic Development Ccemf ssion. She said the Governor explained that what has happened in Texas in the last few months if not over the last year has been a very different aspect for the state. She saitl until this time,many businesses and industries wanted to locate in the state of Texas because Texas wasalways considered the best place in the U.S. to settle. She noted this is no longer thecaand Texas is now competing heavily against the Hid-west,the West and the East. She said now there is going to be a major push across the state of Texas to market Texas as a unit. She said the state wants to move out to help all cities in the State to develop their own economic development commission and to link that into a state network. She said in order to do this, these three entities are going to throw their support next year behind a new program called TERCEL ]n this prograr.,,she said,they will be certifying 25 cities in the state next year through application. 5he said once these 25 cities are chosen,these three entities will get behind them with alt of their resources to help these cities develop good economic programs and network tnem into a statewide program. She felt this is an exceptional opportunity for the U City of Huntsville and she hoped Huntsville could be one of those 25ci if es. She advocated that the City move actively in that respect. She said Mr.Bob Smith will attend the seminar in Houston to pick up that application. She said with the consensus of Council,she would like to see the City vigorously pursue this program in every way it can. SOLID__WASTE Mayor Monday noted she and staff will be meeting on Thursday at 10:00 A.M.with ourconsult- Ing engineers,Engineering Science,and the Walker County Commissioners and County Judge to review with them the scope of the solid waste disposal contract the City has with Engineering Science. She said the County will be invited to be a part of this information gathering. COUNCIL ACTION V V CITY OF NUITSVILLE 0001.-O• NINIRES OF NW06ER 1E,1905 PAGE 655 - landsce in Drdinance SAOrtc_I,s--Lounci lammber Dowling noted he would like for the Council to take another 0o at our Lan scop ng 'anti in lieu of what has happened at the Lufkin Federal building site on the \- corner of 11th Street and Norval Park in that they have removed the large oak trees end pine trees along 11th Street to make roan for their sign and intend to replace smaller trees. He noted CAe spirit of the ordinance,to preserve existing established trees,etc,is being violated and he hoped a review of the ordinance might remove that loophole. Councilm tuber Bell concurred In the need for this review. Cable TV--Councilmeaher Dowling noted his concern about the local cable company moving the premium channels upstream"which Could cause subscribers not to be able to receive these channels for short period of time for which[hey have Datd in advance. He eskea how this would work. Mr.Bob Smith,Director of Community Development,and monitor of the cable franchise complaints.indicated he would check with the representatives of the company to learn more about this new development and report back to Councilmember Dowling. He noted,however,the franchise the city has with the cable company does not address this particular aspect of their service. Public Relations--COuncilmember Dowlinq noted various employees of the city have made presentations.as well _ a5 the Mayor,at Stewart Elementary School over the last Several weeks. He noted apparently everyone has done a wonderful job and he complimented them and the Mayor on their effort in public relations presentation . CITY MANAGER'S REPORT Om ina q.Problem Areas--Gene Pipes,City Manager,presented photographs pf the areas in the city where drainage probes were observed during the most recent heavy period o rainfall. He noted these areas would be addressedasthe Council discusses their drainage policies in the next several weeks. Rescue Operation--Gene Pipes,City Manager,advised the Council of a rescue operation of a wan n antl her child an their Car at FY.2821 and Hwy 75 N.after she missed a Corner antl tlrove off into a di tchafil led with, water. Mayor Monday noted she would like to see the City officially recognize those three city employees involved in this rescue. Traffic Fatalit at Bear kat Boulevard E.of Ave.H--Mr.Pipes noted last Thursday night the City had a traffic ata sty--an 18 year o d SHSD student. EmergenFx Nanagerent People--Mr.Pipes noted the emergency management people have been busy throughout the period DD t�n storm but fortunately we did not have to deg lar:an emergency. Public Service Officer--Mr.Pipes noted the public se vice officer of the Police Department has been very busy with— bonfire of homecoming and has rbeen very highly visible and involved with,lot of things as well as wvisits to the schools. He noted the Fire and Police Departments.EMS,Sanitation Department. have ma depresentations at school;the city secretary had two third grade classes v sit city hall to learn .,out cI"government;and he has an appoin Went Friday to speak to student,at SamHoustonElementary Schoo. HUO New Addition Prof act--Mr. Pipes noted thisp,oject has been completed. He noted all of the scheduled a"a 'treat pavrngen volec t,have heen tempi eted in that area. Heametee proper signing along those streets is kF9,.Ei w being don He aid three streets have rather u ual n s and in terms of their present(paved)c dition,theseimply do not ap p1Y:such a eight foot lane,""I rty-six foot lane";"sixty foot' lane"as street n me aims this area. He sa itl they oildunot want to print n street signs for these names he asked the Ya rda6 CDuncilmember,Percy Howard,to suggest potential re--name of those streets to be so so named later by an official ordinance. Mr.Howard Suggested the followings names,based on 5to ries of the people for wham he was naming the streets: Patrick Street;Jeffro Street;and Jessica Street. The Council felt naming these Streets after these distinguished individuals w most appropriate and noted this history: -John Arthur Patrick.w s the first black man to attend Sam Houston State University after integration. -Bill Jeffro me to Huntsville with the Boettcher family who settled Boettcher's Mill in Nalker County. Mr.Jeffro reared a family of well-educated children and one of attended Prairie View AIN and was named All American. -Jessica Justice was a black lady who established the first black day care business in Huntsville. Mr.Pipes noted the staff will bring this back i ortlinance fort later far adDption and all public safety i and emergency services will be notified of thes e's tree t,antl locations as welt a5 the post office. Street Bond Program--Mr. Pipes noted a number of treats ver,identified to be repaired and resurfaced antl .constructed and some for new construction. He said the r ons traction of l0 th Street is completed and the new construction of Avenue N north of the Post Office iscc.mplete;Avenue F work is underway. He said the staff has analyzed Nag ol" Yav in Forest H;Ill in an attempt to determine the best method to improve it He said the problems with it have been curbs which w re pitched at an odd angle and this was nota fa;lure but w s done intentionally because of the lay of the eland. He said su rvey5.,plain why the arms for the curb ane gutter on Ma gn pl is Yay were Platte.a angle and this is because the lots on o e side of[he st eat rise a eesharply astreet, d the lots on the o^Hear Ido of She„treat Tall ralM1er sharply ane the on lywiy the developer could get a treet other than o slant.w to pig,.the curb forms up and our them as hey re presently s n He then showed a video tape.norm tedahy the ,.,,etc for of Publ;c Yorks.Johnny Poteete. .,,pre better show the Problems with some of the right-of-way entrances. He said the concern is that if we continue as planned,to completely tear out Magnolia May and reconstruct it,that we're going to have exactly the same problem when we're through because of all of the tlr iv way Configurations that we would if we just left it like it is He said the driveways are the problem. He said if we relay[he curb and gutter Section,then w also have to lay driveway,for a long distance up through there to make the[rans;t;on. He said insteadeof to the Prablen onto the private property ow s driveways.he wanted to show the 0 Council where the problems a by using this videoitape preseptati_on astMr.Pipes noted[Here are 'n into s of base and surface material on this street and it o of the M1eav;est streets out there. Hesaid eit 's that way because the City overlaid and sealcoateds it so many times to hold it in place. Mr.Pipes noted this street has been sealc,at:d many times because we've had some base failures. He said water,at low flow periods,will rvn in the gutter and with mor r i s.;t gets out and then;t antl:nn;nes the street and we have sane pumping in ams.He noted after the video and some d;s s on Shat there i net gain to tear up Magnolia Way and start all over again. H ted he t anted c the i Council to be aw _ L� of the status of this situation. are y}j Y _}t :-':^ sew,as ni<r ha raw Pnrmit Mr.Pipes noted about three weeks ago,the City received notification fromtheState Depar�ent f Yater Resources indicating that Buddy Acker had applied fare,discharge permit p s wage crea went plant(package plant)at his mobile home park n Rosenwall Road north pf the city in'the N.rthgate .l=Ys Meadows Subdivision. He said the council asked the staff to monitor this..-fully d later au Iorized the staff m file an objection to that discharge Penni t. He said the net gain of this situation 1s that this council has some very basic decisipns that have W be mde,in Letts of,nCZ%h y_this situation.but 1 of these drat tem: Na said at-the: en jkm we have two emage 8 PAGE 656 BOON.1. NOVEMBER 12,1985 MINUTES CITY OF HINITSVILLE treatment plants: Parker Creek and Persimmon Creek(to the south). He said we have a number of other watersheds. He said this particular site is at the railroad grade where it crosses ROSeawall Road. fie noted Mr.Acker's t property is 110 acres(plus). He said the original plat filed some years ago for this mobile home park was a ver small configuration with Some la trailers on it. He said it was outside the city limits and our,jurisdiction \tj under,the subdivision ordinance at that time because it was a mobile none park and was in the ETJ and not the city limi tz. He said z nee that time,two court cases frau the court of civil appeals have come done rhi ch indicates th t' i1"g i th t mobil h sap rk n subtltvlsi ons under the intent and meaning of the law. Mr.Pipes Said we don't presently have our bile home park ordinance written as such a we need to nuke z modifications in it. He said the question is "Does the Council want to rroul.ta mobile hale parks in the ETJ o L an I it no, nHe saitl the courts nave givent ct i�y auLt ty to ae tots. pas sa we have e e hon ark�or t a ce and s rate frau that we have mobile Acme subdivision Criteria i goer subdivisionordtn ! t w noted a mobs a Acme s.....tsOn is considered a re permanent insta nation whereas a e nome Tar—kis i ant a space"for relatively short period of time configuration and tM1is is a purchasemv ant difference•here and therefore there are two different sets of requirements at the present time. It was rent the only mobile home subdivision in the city in in Majestic Forest. Mr.Pipes projected that in ten years 70 percent of the people that live in walker County will have to live mobile name.based on purchase price,a ming Dower,e c factors,etc. He said most of tFei mmay be — outside the city limits. He said TDI is hiring a tremendous number of people in the salary range that will not be able to afford any other type of housing. Also,he said,TDC has indicated they wilt not be building any more I-_ trailer parks o state property. He said they have to locate somewhere and i all likelihood they will locate r in antl n r then center of c gree,which is Hun tsviiie. He sa iL there is tremendous potential for them in that two mile ETJ and there are at least a dozen sites n w that could be identif ietl that are less than two years old (mobile home sites). He reminded the Council of the memorable experience the City had with a mobile hone park called Rustic Pines--lift station problems--code enforcement problems. He said the second part of his question is that if the Council decides to regulate mobile home parks,td what extent? Thirtlly,he said,how does the Council want to handle the sewage treatment situation? Councilmember Green asked if the existing applicable ordinances and criteria apply in the ETJ? Mr.Pipes Said 1t does but it is structured so that persons have to tie onto the City of Huntsville utilities. He said n the case before is (Buddy Acker),the nearest sewer line is an 1B inch main at FM 980 and FM 247(April Point Mobile H-I Park)which is 8700 feet as the crow files across country to the discharge point--nearly two miles t2 the nearest gravity sewer line. He said in terms of a hierarchy of values,the City would presently be in a position of saying first of alt that" ybody must tie onto a gravity se r tine."that is the best! The second part is that w Ou ld say if a eryy�y can L get On d gravity Sys ter..,wthat they'•bu;ld lift ..tions and pump to those gravityys r lines antler n those gravity lines s far into the , 1M anE67'.collect it." The third thing nq we could ay is,Da those those two solutions,is probably'backage treatment plants, do nA[kha vescproposinforwCounci member Green Died he p with this(third)choice. Mr.1,pes noted w e T plan a we Tiaven'trc ross ed that bridge yet. Ne said these aminie ew treatment plants¢antl they have to havesdischarge panni ts. NE%T DDE$TIDN: Mr. Pipes then asketl."ife the third order f�hei ra rch (and there are two more fter that: septic tanks and discharging se er in tie Creek), we s y treatment plants are fine--then does this Council want the City to the treatment pl t and operate It And hdv�e[he 'tscha rq permit to t�h_e�c_i s�5�name, R, Des thtunc wa ont�the viva to to hence the prTi on mute s r OtSC ar�h ee permits,etc.--an tonstbt sty borne by the tndivt u to operate M p.nt?Me asked who shou d operate loose package D ants: the MUD districts: the private individual;or the Cit or Count who have t e tots ever. 0 era Ll n0 a nsiderations r the it , ran2n td� concern n the two mile TJ. He asked what would d ha t e cit a antls Cts cit i mitsvo r time and it 5[02 s .PHI va to acka a treatment dots u an the tare ut un er On¢r System service? He said on the other hon ,the Ltt c2u re e,re that i one is Dina tohavea aackathesyar q Dtnq to put to into p ace to meet the Cites standards an then they are Doing to give it to the city and the City wi.,0pera to and maintain it and the city wt—'1Thave Lie 7ermtis to treat an disc arg e. Ne said this way mule be easier in the event of eventual annexation olthose situat—s--but,dun ng this intervening time,the I so barge permit i n the city's name and the Council may remember the City's experience with discharge permits into what w s previously dry c eek bed and the r sul tino problems five.s miles downstream. He said there is GOOD and BAD every way we go. Council—be'Hodges said we have to"look It the big picture ever the long haul." C2uncilmember Dowling felt we should require package plants on every mobile hone subdivi5 ion. He asked what happens when the city annexes a privately operated package plant. Mr.Bounds said this depends on the policy the Council adopts at the present time. He aid we could require that,as a part of the subdivison process,the individual dedicate the package plant to the public or county the easements and lateral lines and things necessary to operate it by the public and when the public eventually annexes it and required it under the subdivision process and when it is a exed it becomes the city's;or the City can ignore it antl not do anything and then possibly have to purchase itnat a later date. He Said it depends alot on what the Council does right nov Mr.Pipes said this particular question should be decided new as it will cast the die for the entire ETJ if we're going to remain consistent. kWyor Monday asked Mr.Pipes what it would mean to the City if we 1)regulate mobile hale parks;2)require package plants;3)want to own the package plants and have them dedicated to the City. Mr. Pipes said we'd need - ito restructure our current ordinance to make the requirement to tie onto public utilities not necessarily apply in the ETJ and adopt the other alternatives:require in the new rules and regulations that this be platted,built according to city standards,and given to the city as a c2ndition of the platting and development. He said the city will have to apply for a discharge permit i A brand-new creek(city currently has two discharge permits)a this process has to be for all over and the city must be ready to operate ke g e plants'no they pop u' from now on Councilmember Green su pasted lea vin all this ental owned antl o ratetl until a xa tion. Mr. 1 i Pipes Said,o we o set them up as sDetta uta tty distracts where the capital Ittl on is a tax 2n the pro- party and thenrwhem ituis annexed,the property owners that have.bought into the thing are still paying for it and it just becomes part of the system and the Council can make that a part of its conditional approval of the I system. Councilmember DOwling agreed with Ccuncilm¢mber Green about delaying ownership until annexation antl i Councilmember Barrett concurred. Mr. Pipes said— i tI Counci has the standing rule that anywhere in[he two mi E7 one is g2ing to bus d a package plant,it is g2tng to be awned by the city,operated by the city,and thereiwon't be any other exceptions,then the City has pretty we11 set the tone for all future growth and annexa- tion. Councilmember Hodges said if we dolt elect to take control new,then if we elect to annex 10-15 years from liwe have to start a" n of warms." C2uncilmember Green asked if we could s ecif that the must dedicate th nea to the eventuality that if the,are annexed,that[ city Can to a span y that the package p ant wit became a art of the cit if,in fact, ii is ever ann—exed.Mr.6 s said we ulre tA�l ld the ants to cit Stan and a sec icattons an encum r t em to[e otnt tat at such time o annexation.it w became city property at that point Ma or Monda obtainetl the consensus of Councilthat t e da want to r moot le home arks,r deka a lints a ter a ertain denstt haves stem Dui t to cit stand. an as to rshi the COOncy ncertain whet¢r tot¢¢ tis a n 0[ton a ensus On t t atter�n t. ipesywa trecte to procee wit tis tns2rmation an nngc acv I me--,Iso propos. o their further considerations ,.y ADJOURHIIENI 8 TYPES — rllA� NOTICE OF A MEETING (in compliance with Article No. 6252-17, V.A.T.S.) NOTICE is hereby given that the Huntsville November emb Council 1�i.1 of 1985the City of Hun198511at Texas: 00P-MI conduct a regular council meeting on: it the City Hall Council Chambers. Items to be discussed and/or acted upon by the City Counci at this meeting are listed on the lower portion of this page. DATE OF POSTING: 11/15/85 TIME OF POSTING: Lz6 8:00 A.M. n (S E A Q _ uth DeShaw, C. 1- City Secretary er 6:00 P.M. -- EXECUTIVE 2(f); private vatesider gift to City consultation with atdtorneyxunder Tex. Rev. Civ. Stat. 6252-17 § 2(f); p Art. 6252-17 § 2(e). 6:45 P.M. Convene for citizen input/inquiry session. Regular Session -- to follow immediately. 1. Call to order by the Honorable Jane Monday, Mayor. 2. Invc-ation. 3. Consider the Minutes of November 12, 1985. (1-8) 4. Attending Citizens: a. Mr. James Dix, 212 Normal Park, to discuss traffic control on tlormal Park. eek b Mrs. recreationlcorPlExaprojectnto benersos tlocateder, to sadjacedortomthe County nt of a eHealth nior �Center site on Highway 75 North. munity nt 5. Consider a DevelopmentcProgram forhBoettcher'sthe Texas DMpilltarea in anmamount hot�tosexceed $500,000for a y for specified public improvements (sewer lines). 9-31) 6. Consider a drafi of the ballot language of the proposed City Charter amendments. (32-36) 7. Consider Bid 86-17--Rubber asphalt crack sealing compound to Crafco Texas, Inc. at $ .23/pound for $9,200 from budgeted funds. (37) Association g. Consider a contract with the Huntsville Choral Society and Fine Arts for projects, as recommended by the Arts Commission (T??). 9. Consider Ordinance No. 85-11-19.1 adopting name c{anges for streets in the New Addition area. (38-39) 10. City "anager's Report--Gene Pipes. 11. Mayor's Activity Report--Jane Monday. 12. City councilmember Action. 13. Media Inquiries. 14. Adjournment. For Your Information S date. 46-47) 40-41) C. H-GAC Fair Labor Standards Up- �48) a. Police Monthly Report ( lanning Commission Agenda b. Seat-Belt Coalition Publication(42-45) d. P8 tP MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 19TH DAY OF NOVEMBER,1905 IN THE CITY HALL COUNCIL CHAMBERS,LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE,CUUNTY OF WALKER,TEXAS AT 7:00 P.M. The Cou ncil met in regular session with the following members present: Jane Monday,Mayor William B. Green City Officers Present: 0. Eugene Barrett Bill Hodges Gene Pipes,City Manager J Gary Bell Percy Howard,Jr. Scott Bounds,City Attorney as Stephen E.Oavis Dick Wharton Ruth DeShaw,City secretary {7Yk5� Jerry L.Dowling There were no attending citizens present for the citizen input/inquiry session Mayor Ibnday then opened 4 the regular session. Reverend Pon Elledqe of the Huntsville Church of the Nazarene presented the invocation. 1 CONSIDER THE MINUTES Or THE PREVIOUS MEETING Cou.cilmember Barrett made the mo:ion to a or ve the minutes of November 12, 1985 and Countilmember Howard 1 seconded he motion. Discussion: Cggnti member notedi r histo ri to inf orma[ton,Counci memper Howard j voted oar a wing the ha hdic.pb.d a emption on adevalorem is es and he voted aqa nst s n the last meeting, but just the opposite wasreported.xhe asked that the record x be correctetl. With ithis o n then, the /I1 mutes w adopted and all ware in favor. ATTEt101NG CITIZEN ON FORMAL AGENDA Mr.James Dix. 212 Normal Parl., to tl,sr 5 traffic control n Normal Part. Mr. Dix hotel traffic c especially frac.Eastman.to 11th Street,are becoming a serious problem. He noted he wishes t note thedquI lit'as well 15 the p entity Of traffic. He said as to quality,there are many speeders, heavy dump trut4.s,c c ete trucks well as 18-wheelers. "'noted the quantitys I' not as objectionable as the quality. He sail rthere are . man, mall child reo in his neighborhood as well asjogger, i and their safety should cane before the need of who feel they must Speed on Normal Parl.. Mr. Pipes noted Normal Park i of t dry n rtm-south arteries a t picks u Highway 75 North close to Eastham antl c n ect swlth Avenue Sro the South side. He noted i s heavilya"ad perhaps because of rmotorists wanting to a bid the ntraffic light t Highway 75 North. He onotedtenforcement c ontrol the rate of speed. H.noted as toqua 1ity of traffic,thecitymight c sider what kind of load limit,light be appropriate. He said the garbage trucks have to s e the a He noted c rete trucks c not be prohibite from making deliveries but they can be stopped from using Normals Pa r k,a un try short cut. Mr. Pipes noted he would evaluate the situation and report backs to Mr. pix regarding enforcement/ordinance solutions. Mayor Monday advised Mr. Dix that the city's policy is to make a response to his question at the next meeting. CONSIDER S500.000 GRANT CONTRACT Consider a contract with the Texas Oe artment of[omnunit Affairs fora ConvnuniI 22,0,ma,t Pro ram for Boettcher s Mil area i amount not to tl 500 OOC o sp dl -ed p ol'c i p o e e is se e i es Mr. Pipes,City Manager,said this contract is the standard form state contract but the City Attorney, Scott Bounds,has requested a few c rrections. He noted two changes a typographical and D s to add the City Attorney's signature block.. The addition being suggested is io Section 10,Line 7 and theiaddition read,: and c sed i whale or part by any negligent o willful act o n of contractor,its su bt-tractor, antl anyone directlynor indirectly employed by them 0,anyone for whe,,acts iany of them may be liable." Cou cilmember Green made the motion to authorize the Cit Mer to s n chis ctract, [hese c tions and Counci member Be onded the rt A anagand the motion D ond with V CONSIDER BALLOT LANGUAGE FOR CHARTER ELECTION Consider a draft of the ballot lana uage of the proposed Cit Charter a entlments Mayor Monday than presented the eleven amendments proposed and the captions written for each by the City Fitornev to be printed on the ballot a well as the entire section being a ended to show be it reads after entlN ots have beer.i orpora ted to perhaps be ori ntetl o the ballot in lieu of the m caption. Mr. Bounds noted the i e t bet presented tg the voters so that it c n be voted o with a "FOR" "AGAINST,"and not a YES orNOanswer. He noted capsule summaries are permitted or listing of the entire provision. Mayor Monday noted the capsules suggested for the ballot a t descriptive enough and suggested more omplate captions o e description of the amyl sign ei tsel f. She felt the captions don't tell ough. Cou cilmember Wharton ns aid the captions are fine as presented. Cou cilmember Greenaid most of the captions a nc1 ear but s eetl n xblana tion."Councilmemper Hodges noted he prefers thescaption form. Cou cilmember Bell said the taption,"ould Be sufficient for a ballot providing there i elaboration i thennewspaper prior to the election. CoumCilmember Davis said he favored capsule form andnotedthe c nstitu- tional a entlments on the ballot r ntly rre capsuled He nq ted.however,he didn't like the way slot of these captions m read. CouncilmemBar Barrett felt they could be m e descriptive. Co-cilmember the noted capsules wally used because of voting machines,where it i t possible to print the whole pro ,but i papers Ballo It ing,that i not a problem as the whole provision can be printed and he felt itshouldbe. Mayor Monday noted if the voters don't understand what the caption means,because of its brevity,they are likely to vote no or that basis alone. City Attorney,Scott Bounds,noted several of these a entlments a sups to ntive and merely change wording to comply wi[h state law in The general t was that the coati Dns could be more explanatory without listing the entire pro s Councilmembers Howarduano Dowlin indicated the ou Id like for the entire n to be printed,butallothers t the m motor s better. CopnCl- member Green suggestetl the amentlment say what it does and more it xitt0 Comply with state td tewaaw,that it say so. Mayor Monday notetl then them io�of co Sil prefer the captioned form antl she asked the City Attorney to work on their eld bOrati an dab rinq themthem be', dap rove ext week. Section G.18. Compensation of Ha vor and Councilmembers Mayor Monday noted last week there w not a clear c whether 0 not to include this amendment on the ballot. She no the a endment woultl be na115compens at i—a en tly pray ided in the Charter ($10.00 per meeting for c cilmembers antl SSD.DO remonth for the Mayor)and to rims Lead provide that the Mayor and Council be an to necessary expenses incurred in the performance of their official duties. 84 PAGE 658 K'0' IIINUTES OFM HUN V LL NOVEMBER 19, 985 Mayor MOM ay then asked that this discussion be reopened now that Councilmember Davis is present. Council- member Green recommended the amendment be approved,but that the portion that reads"necessary expenses'be clarified to mean ONLY OUT OF TORN EXPENSES. He didn't feel the council shoo ld be filing expenses for traveling from home to the city halt. Councilmember Barrett noted he agrees with Councilmember Green's statement. Counci member Howard noted he is uncomfortable with any system that could provide for an uneven re of costs and where individua is might turn in different levels of expenses without consistency across the board,noting the expense for one person might be so different from the expenses of another person. He felt there is room her forabuse if not misunderstanding. He noted he prefers that the provision remain as it is,without a change. Counci l member Hodges noted he likes the way it is now as there is no abuse with this system. Councilmember Davi said he would like for it to remain as it is,510.00 per meeting,as this is not a Salary because this is a volun[a ry job and no one would take on this job far 510.00 a meeting. He said this 510.00 is in the Charter 50 that n0 one would be prohibited from s ing because of not having a means of transportation because the 510.00 n get him a t_n,ride to and from the meetings. He said the amendment to IT.. reimbursement of necessary expenses is alreadv Rermi[tetl for out-0f-town expenses (Section 16.12 of Charter), He felt the proposed amend- ent is subject to abuse. he recortmended this provision be unchanged. Mayor Monday ther,asked for r a showing of hands in favor of leaving the provision as it presently is. C 'I b s Wn r• HodoesHoward Davis.Bels and Mayor MOMdy voted to leave it a5 's. Upon voting for a g the amendment sup ested b the harms ser a melon,wlth'ie c T tlu o eyed D Counnl Te bar ee D e 0 medidersG ee d Ba etc ted in avor o it LOuncl mem Der ow ing oted he ed y did a to r Hay pr Mond dv nO Led then the d2prlty aro rs i 1t as lL 15 a there ore. Ln h g `7 t o p SE Led L LDP voters n the upcm-,n,27 CCL10n antl Shd in De e L d CONSIDER B1D Consider Bid 86-17 for rubber d5,,,,It crack sealing Compound t0 Crefda Texas. Inc. at S .23 per Round for I 9,200 from budgeted funds. Councilmember Hodges made the motion to a prove this bid as presented and Councilmember Dowling seconded the motion. 1 w n favor and the motion Re sea u CONSIDER CONTRACT FOR MUSICAL PROGRAMS Consider a contract with the Huntsville Ch al Society and Fine Arts Association for projects,as recommended by the Arts Commission Haypr Monday presented this item. It was noted programs under this contract shall include,but not be limited to,five specific projects,as f011ows: annual Fair on the Sgua re municipal band oncert;annual performance of"Messiah"with members of the Sam Houston State University Orchestra;Annual Gilbert d Sullivan opera with orchestra at the Texas Criminal Justice Le nter Auditorium;annual Fourth Of July band concert: and annual HEAP jazz concert and four high noon concerts. The contract provides that the city will pay the Society 510,000 for these prporems in three payments during the period Decelter 1, 1985 through April 1,1986. ' Cpuncilmenber Hod es made the motion to approve this contract and Councilmember Barrett seconded the motion) P11 w n favor and the motion passed u anlmDus y. CONSIDER ORDINANCE CHANGING STREET NAMES Consider Ortlinance No.85-32 adopting name changes for stree[5 in the New Addition area Gene Pipes,City Manager,presented this ordinance, the caption of which is as follows: ORDINANCE N0.85-32 AN ORDINANCE OF THE CITY OF HUNTSVILLE,TEXAS,RENAMING AND REDESIGNATING 8 FOOT LANE,36 FOOT LAND,ACID 60 FOOT LANE AS PATRICK STREET,JESSICA STREIT AND JEFF RD STREET;AND MAKING OTHER FINOINGS AHD PROVISIONS RELATED THERETO. Councilmember Howard made the motion to a rove of Ordinance No.85-32 and Counciimember Barrett seconded the tion All were i favor and the motion passed unanimously. See Previous discussion November 2, 985. EXECUTIVE SESSION Mayor Monday noted the Council will resume their executive session,which began at 6:00 P.M. and which is 0t yet complete. Executive Session topic: Consider gift to City under Tex. Rev. Civ.Stat.Art.6252-17 §2(f);private consultation with attorney under Tex.Rev.Civ.Stat.Art. 6252-17 9 2(e). ' ctfully su milted, utn DeShe., sty Secretary Ilavember lg,1985 I 85 M E M O R A N D U M January 3, 1985 TO: City Council FROM: Scott Bounds, City Attorney RE: Charter Amendments I have attached for Council suggested ballot language on eight charter amendments. After reconsidering the proposal to submit the issue "whether the charter provision prohibiting any member of Council from holding paid employment under the City government within two years after holding office" should be moved from 3 4.02 to § 14.10, I would offer the following recommendation. Section § 14.21 of the City Charter authorizes City Council to renumber and rearrange Articles, Sections and paragraphs of the Charter. Under Section 14.21, I would recommend that §§ 4.02 and 14.10 be i rearranged to move the sentence, "No member of the Council shall hold any other office or employment under the City government while he is a member of the Council, nor shall he hold any paid employment under the City government within two years thereafter," from § 4.02 and place it before the last sentence of § 14.10. SB:eht 86 M E M O R A N D U M December 11, 1985 TO: City Council (� FROM: Scott Bounds, City Attorney J 4ltf RE: Term of Office The City Charter generally uses five separate terms in reference to City Council: The Council; The Mayor; The Mayor and Councilmembers; Eight Councilmembers; and Members of Council. Section 4.01 of the Charter provides that "the Council shall be composed of a Mayor and eight council members." Although it is clear that the Mayor is a member of the City Council, the Mayor is never referred to as a "councilmember". The Charter contains some provisions that relate to only the Mayor. E.g., ss 4.01 (2d sentence), Article V. The Charter contains some provisions that apply to "council members" but not the Mayor. E.a., 99 4.01 (3d sentence), 4.02, 4.17, 1.48, 4.19, 4.20. Finally, the Charter has some provisions that apply to "members of the Council" - Mayor and Councilmembers. E.g., H 4.02 (sentences 3, 4 and 5), 4.05 last sentence, 4.09. The only potential breakdown in this terminology appears in § 4.13, employee grievances, where it appears that the term "Council members" is used in lieu of the appropriate term - "Council". The Mayor is undoubtedly a member of the Council. §§ 4.01 and 5.06. The Mayor is not, however, a City "councilmember": the Charter specifically designates eight councilmember positions. The term "councilmember" was given a very specific and definite meaning. There is no written legislative history available to shed light on the use of the term "councilmember" as it was specifically used in § 4.17 of the City charter which provides "No person shall be elected to more than four consecutive regular two year terms as a Councilmember." It is, however, my opinion that the limitation in § 4.17 applies only to the eight designated ward and at-large councilmember positions. Therefore, a person may serve four terms as Mayor and four terms as councilmember in succession. I reach this opinion based on the following factors: 1. The term councilmember is specifically and precisely used in all sections of the Charter (except possibly § 4.13) to mean the eight ward and at-large councilmember positions. 87 Memo to City Council Page 2 December 11, 1985 2. § 5.11 of the Charter would not be necessary if the Mayor were considered a "councilmember" under § 4.13; the only way to interpret the charter to give meaning to § 5.11 is to recognize the office of "councilmember" as totally distinct and independent of the office of Mayor. 3. The term "member of council" is used to mean either the Mayor, councilmembers, or both. The term "member of council" is not synonymous with "councilmember". 4. A fair reading of the Charter shows that the dichotomy of Council - Mayor vs. councilmembers - is maintained throughout the Charter. The Charter at several points makes provisions for the Mayor totally separate and distinct from "councilmembers". The City Charter Review Committee (1985) reviewed the allegation that the Charter was ambiguous in the limitation of term of Mayor and Councilmembers. The Commission found that the Charter did permit a person to serve as a member of council for 16 consecutive years - 8 as Mayor, 8 as Councilmember. The Commission did not recommend changing that provision. Furthermore, their findings are consistent with historic interpretation, e.g. Morris Waller served as City Councilmember from 1968-1972 and as Mayor from 1972-1981. I would, therefore, advise that the proposal to amend § 5.06 of the Charter to delete the reference to the Mayor "as a member of the Council" is unnecessary. Unless Council desires to consider submitting a proposal to the voters to limit the total number of years a person may serve the City in an elected capacity - as Mayor or councilmember, I would suggest that this portion of the Charter be left as is. SB:eht cc: Ruth DeShaw, City Secretary 88 Election Code 52.072, 52.073 Yes Shall § 4.02 of the City Charter be amended to require that the Mayor and each Councilmember be a "registered" voter of the State of Texas instead of a "qualified" voter of the State No of Texas? Yes Shall § 4.09 of the City Charter be amended to require that the Mayor and each Councilmember file a written notice of a No conflict of interest if they abstain from voting? Yes Shall § 4.19 of the City Charter be amended to require the Mayor and Council to fill vacancies in the office of council- No member by special election rather than by appointment? Yes Shall § 6.02 of the City Charter be amended to change the date of run-off elections from the third Tuesday following the election to a Saturday within thirty days following the No election? Yes Shall § 7.03 of the City Charter be amended to change all references to "poll tax receipt or exemption certificate No serial numbers" to "voter registration numbers"? Yes Shall § 11.16 of the City Charter be amended to require publication of the sale of bonds at least fourteen days prior No to the sale? Yes Shall §§ 14.01 and 14.01A of the City Charter providing for Interim Government and Interim Budget from November 1978 to No October 1, 1983, be repealed? Yes Shall § 14.22 of the City Charter requiring all courts to take judicial notice of the City Charter without proof be No repealed? 89. i NOTICE OF A MEETING. TYPE: FM (INOCOMPLIA CE VITH ARTICLE NO. 2 NOTICE is hereby given that the Huntsville City Council of the City of Huntsville, Texas will conduct a **REGULAR** Meeting on JANUARY 14, 91at at 6:45 P.M. in the City Hall Council Chambers. Items to be discussed and/or acted upon Dy the City _ Council at this meeting are listed on the lower portion of this Q page. ]I� DATE OF POSTING: 1-10-86 TIME OF STING: 8:00 A.M. u h aw (SEAL) City Secretary 6:45 P.M. CONVENE for citizen input/inquiry session to be followed by the REGULAR SESSION 1. Call to order by the Honorable Jane Monday, Mayor. 2. Invocation: Reverend Jay Horton, Wesley Memorial United Methodist Church. 3. Consider the minutes of December 17, 1985 and January 7, 1986 (1-9) 4. Consider Ordinance No. 86-1-14.1 calling an election of officers for the four at- large City Council positions and a referendum on proposed amendments to the City Charter (10-19). 5. Consider Ordinance No. 86-1-14.2 approving claim and delivery and acceptance of a certificate of obligation for a front-loading garbage truck with award of the instrument to the low bidder at n interest (20-21). 6. Consider authorization for John Keys, Director of Internal Services, to take bids for the sale of an old front loading garbage truck and packer body no longer in use by the Sanitation Division (22). 7. Consider an optional financing plan for purchase of the offset printer approved in Fiscal Year 1985-1986 budget, or authorize the notice of intent to issue a certificate of obligation by Ordinance No. 86-1-14.3 (23-25). 8. Consider the bids for storm drainage work and excavation on the Avenue F capital street project: storn drainage to Reddico Construction in the amount of $116,760.45; and excavation to Smith & Company in the amount of $39,981.80, to be paid from capital improvement bond funds (26-27). 9. Consider a resolution endorsing the TEXCEL economic development program (TBP). 10. City Manager's Report--Gene Pipes a. emergency generator project consideration (23). b. contract with HISD for joint elections (29-30). 11. Mayor's Activity Report--Jane Monday. 12. City Council action. 13. News Media Inquiries. WORKSESSION -- The Council will adjourn to a work session to receive the recommendations and discuss the Planning Commission's revisions of the drainage policy. F.Y.I.: Police monthly seonrt; touristnda for January minutes- t3 eEn ex gas cost adjustment not ce; FINAL ADJOURNMENT 90 MINUTES OF THE HUNTSVILLE CITY COUNCIL MEETING HELD ON THE 14TH DAY OF JANUARY, 1986 IN THE CITY HALL COUNCIL CHAMBERS, LOCATED AT 1212 AVENUE M IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS AT 7:00 P.M. The Council met in regular session with the following members present: Jane Monday,Mayor Members absent: City officers present: Gary Bell 0. Eugene Barrett Gene Pipes, City Manager Stephen E. Davis Dick Wharton Scott Bounds, City Attorney Jerry L. Dowling Ruth DeShaw. City Secretary f--1 William B. Green Bill Hodges Percy Howard, Jr. The meeting was called to order by the Honorable Jane Monday,Mayor. The invocation was presented by the Reverend Jay Horton of Wesley Memorial United Methodist Church. CONSIDER THE MINUTES OF THE PREVIOUS MEETINGS Councilmember Bell made the motion to approve the minutes of December 17, 1985 and January 7, 1986 and Councilmember Howard seconded the motion. All were in favor and the motion passed unanimously. CONSIDER ORDINANCES Consider Ordinance cz llin an election of officers for the four at-tar e cit council positions and a referendum on a amen ents tg the cit carter Mr. Gene Pipes, City Manager, presented this ordinance, the caption of which is as follows: ORDINANCE NO. 86-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD Oti THE 5TH DAY OF APRIL, 1986, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEI4BERS FROM THE RESPECTIVE AT-LARGE POSITIONS ONE, TWO,THREE AND FOUR; AND FOR THE FURTHER PURPOSE OF VOTING ON PROPOSEDAMENDMENTS TO THE CITY CHARTER.OF THE CITY OF HUNTSVILLE, TEXAS; PROVIDING FOR ELEC- TION OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING SAID ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. Mr. Pipes noted some additions to the ordinance to list the alternate judges in election precincts 101, 105, 202, 301, and 401, respectively, as follows: Betty Dunlap (101); Mary Jane King (105); John Holcombe(202); Jane Amyett (301); and Joe Martinez, Jr. (306) because theywerenot noted on the ordinance sent out earlier. C...cilmember Howard made the motion to adopt Ordinance No. 86-3 and Councilmember Green seconded the motion After some general discussionfor clarification al were in favor and the motion passed unanimously. 1 l Consider ordinance approving clz in and delivery and acceptance of a certificate of oblioa tion for a front- loading garbage truck with award of the instrument to the low bidder at 8.9 percent interest. Mr. Gene Pipes, City Manager, then presented this ordinance, the caption of which is as follows: ORDINANCE N0. 86-4 I AN ORDINANCE APPROVING CLAIM AND DELIVERY OF CERTIFICATES OF OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATED THERETO (front loading refuse truck--Environmental Sales and Services, S1OO,000--four year C.O. to J. M. Pollard at 8.9 interest). He advised there were four bids on the C.O., as follows: H.N.B. at 11: Carl Matthews at 9.1. J. M. Pollard at 8.9w First Continental Finance Corporation at 9.02% and the forced bid from F.N.B., our depository, is 8.6%, but they are only obligated for$80,000 and declined to bid on this 5100,000 certificate of obligation. He then recommended awarding the bid to J. M. Pollard at 8.9:as the law bidder. Councilmember Hod es made the motion to award the bid to J. M. Pollard at 8.9a xntl CouncilmemberHo a d con etl the motion. were i r and the motion passed u imous y. In av CONSIDER SALE OF OLD TRUCK Consider authorization for John Ke s, Director of Internal Services, to take bids for the sale of an old front- loading garbage truck and packer body no o ger in use b the Sanitation Division and a 954 umper ruck. Mr. Pipes advised that last year when the front loading container truck was bid, the City had the option to trade in a 1976 model truck. The City was offered only$1,500 trade-in, he said, and at that time we chose not to accept the offer. Since that time, however, he noted, Mr. Keys has been approached by two vendors of garbage trucks to purchase the 1976 model truck. He then requested Council's approval to seek bids on the truck with a imum selling price of$3,000. Also,Mr. Pipes noted, the city has a 1954 Ward La France pumper truck which has been taken out of service. He requested Council's approval to seek bitls for this truck at whatever price is in the best interest11the City. He noted they will notify Walker County that the city intends to dispose of this equipment. He said it no longer has brake parts available and can be considered unsafe to operate. but me one may have a use for it to water the streets or roads where being able to stop is not that critical. Its use as an emergency vehicle is over. C�1 CDuncilmember Davis made the motion to authorize the taking of bids of these two pi c s of equipment and C u ci er Bell seconded the .tion ere ii savor a the .tion------unanimously. .PAGE 674 JANUARY 14, 1986 BOOK 0 Mr. Pi Des noted he feels it inappropriate to issue a cert, ca to o o igat,on or an amount as sma as 516,500. He noted the city has, at the present time, in the unallocated reserve in the general fund, $57,000. He said we started out with 560,300 but purchased the school zone lights. He noted if the 516.500 is taken from this unallocated reserve, we'll sti11 have a comfortable working balance of about$40,000. He recommended this method of financing the off-set printer in lieu of issuing a certificate of obligation. Councilmember lin made the motion Co a rove of the fundi, of this a ui ent from the unallocated reserve in the enera uno antl Count,mem er reen secon ed t e motion. ter some e,scuss,on or can ka- tion a 1 we a in avor o the mot,on an it passe unanimous y. CONSIDER AVENUE E STREET PROJECT i Consider the bids for storm draina a work and excavation on the Avenue E ca ital street ro�ect: storm draina a to Redtlico onstruct,on in the amount o, an excavation to Smith 8 Co.an ,n the amount 0 39 g8 80 t b p�-d ,-Rita improvement bond Mr. Pipes noted he feels these are excellent bids and he recommended their acceptance, as suggested by Mr. Glenn E. Isbell, Director of Engineering Design. Councilmember Hodges made the motion to a rove of these bids as caption d abo a and Councilmembe Green seconded t e motion were ,n to vor and the motion passeC unanimously. 1 CONSIDER.RESOLUTION iCo sid esol to endors g 'ne TEXC°L�conor c development orog ram--Resolution No. 86-1 Gene Pipes then presented this resolution which authorizes the suo�ission of an application for partici- patio, in the certification program under Texas Cities for Economic Leadership Program (TEXCEL): designates Roy Williams, President, Huntsville-Walker Courty Chamber of Commerce, as the TEDC contact throughout the applica'ion process; ,omni is to designate or r:..re a local economic development coordinator in the evens the City is selected as a TEXCEI participant; and Comai is sufficient travel funds to attend all required TEXLEL fund io<.s. He noted the City recognizes the need to maintain a strong local economic development program involving representatives of both the private and public sectors and TEXCEL is administered by the Texas Economic Development Commission. '1 b G e th t' t pp of Resolution No. 86-1 antl Councilmember Hodoes seconded the do Aft d f 1 f L 11 f v and the motion assed u usly CITY MANAGER'S REPORT--GENE PIPES Emergency generator project consideration Mr. Pipes advised some time ago, the Council rejected bids on the emergency generators for City Hall and the M.J.C. He said the original bids were slightly in excess of the originally encumbered revenue sharing funds, and there was some question at the time of award as to the future prospect of revenue sharing alloca- u' 'n' tions. He said revenue sha r ina allocation for the current entitlement period has been clarified and funding for the balance of [he year is planned with a 8.2 percent reduction in the final quarter. He said the city has a considerable investment in research, engineering and design work on this project to-date,with commit- ments for inspections at a favorable. (last year's) rate, if we proceed in a timely manner. He advised it is the staff's request for council's authorization to rebid the project immediately and proceed with the project as originally planned. He noted the cost of these generators will be approximately 543,005. After some discussion for clarification, Councilmember Davis made the motion to authorize the oin out for bitls on these Senerato, antl Count,mem er Howard seconded the motion. A were in favor and the motion Passed unan,mousTy- Contract with HISD for joint elections Gene Pipes, City Manager, then pre=_,ted the agreement for conducting joint election with HISD. it was noted the only changes in it from last :ear are the addition ofda provision for the appointment of an absentee ballot board (required by the recodif;cation of the election code) and the add its 0r. 0f anomer election 1 precinct no. 306 (in the hoe?Lch.is Mi)l area) to accommodate the numbers of -egi stered voters in that seg- ment of the community whit ,re rema:ed fro,.election precinct 301 during the ast redistricting. Council- member Dowling indicated his concern chat al'. joint costs were being split and noted administrative costs have never been figured into this contract and perhaps they should be included. It was noted a record should be made on identifying those costs and in sharing as much of the joint Expense as is reasonable and perhaps next year this can be reviewed agar.. Count ilmember Green felt the city is benefiting by the joint arrangement in that it gets to split all of t'is election day costs with HISD which ,uld otherwise be all it[ own. Councilme-�r Davis made :"e motion to apprc E the loin' cion t: ane Cpungilnerber Howard secondEd the motion. All we re in favor and the mot,o^.Dassed anamrt-:u� sly. Mise Vs. Martinez Lawsuit Scott Bounds, City Attorney, advised:hat in 1982, Robert Martin,- filed a lawsuit r.a inst the City 0' Huntsville charging that the City had violated his civil rights as a salt of r.. ,r.c'.aE w+.to a cit, eryee J. B. Mize,who struck Mr. Martinez in the heed with a shovel. He s the cit;i.as disco,=_sed frcn tr.ct fE es as a party in 1983. He noted he as pleaseL i.)report to the Council .na, the city ate warded alto•r, ;'c. fees on that case in the amomt of 52,091.97. He csid this 's now a fir.ai judceaert in th':c- Cese. He 5a'C vis represents the fees the city expended after the court determSnEd trial LheJpiainr-Y shneve rE cscrae-2 reassessed his case acainsi the city. He se.id such awards are difficult t0 ach'E>E. HE nate, the city will L, continue- to pursue such remedies +n those cases in which the city prevails as tie cefe^.ca r.t in a civi'. ri;ha case. 92 Exec-v-* Cession Mr. Bounds noted an =executive session has been posted to discuss anotner civil rights case invo'.virg Mr. Dale Schaper, to follow the regular and work sessions. CITY CDUNCIL MINUTES JANUARY 14, 1966 600K•D` FM 2821FM 2821—ire__Mr. Pipes noted this high school leading tproject Hbegan a t today and some 300 feet of underneath the highway Fish the Highway oad19 rand ghtoofHighway 19• Pipe has been moved from the through sometime later in the week. All materials have arrived once it there is a casing Y that a ductile line will be pushed Direct Deposits moving along very nicely. Mr, Gene Pipes noted next week direct deposits of site and the project is j able to the city employee,. P +i Warehouse Moved Pipes Payroll checks will be a service avail- able noted the supplies and inventory have been moved out of the old warehouse andare rMower being moved into the new facility. An open house is Planned for sometime at the end of r February. Central Alan,S Bids are being accepted for a mower for Parks and Recreation. 1 Rental Ys tern Bids are being received for the Police De Cars iwo used rental car bids are being bid for �artme,t f cars, Jami torts Contract A nt for the central alarm system. City Au c— Ston new contract is being sought, —�� To be held just prior to the open house in February, MAYO_ R'S REPORT Martin Luther Kinc Proclzm;tier, -- Mayor Monday noted at :at 3?P,M. On Sunday, she presented this the Pira; Ba[;is: Church at ar, in to rtlenomin=Sunda'. se rvi ;n honor of Martin Luther King. - proclamation Reappoint Tou ce and recognition ceremony r'sr Council I Moyer Monday noted the Chamber of Commerce requests the reap follows, `or the remainder of this year; peiniment of the existing tou risr„council, as Steve Bullard Margi Carey Don Kraemer Sally Craycraft John Reynolds Janet Graue Tom Rogers Margaret Hughes Lise Trow [ouncilmember Hod es Wtilia,Wood rrtipn mddE the motion to approve of these res ointP nLS and Cpuci dlmember Greer,seconded :ne were to avor and the mo tf on passed rn mous Invitations .— i Tree Planting ceremony at Walker County Courthouse at tree Planting ceremony at City Hall immediately folipwi�g OtDha tM AnL ive dOak will be house and a Shumack Oak will be p7anied at Cit Y. January la 1986 and a similar Texas the Confederate Courthouse.sMaros Day and Robert E. Lee's Birthday SCe remonies na re la Oz12 tree P.M planted at the Court- . f Te at the Courthouse. • rh Sunday, January Arts Commission will hold a reception at 7:00 P.DI. on Monday, ( Huntsville Public Library to honor Mr. Harr Ah mPletev 20 ir. ;he meeting ropy,of the City of Huntsville. Y Ysen who has complete❑the largest downtown mural for the Huntsville Arts Comrr,ission and the Municipal Courts Division of the City will host a cat°c in the Martin[�. :.o l7ey Courtroom +n the Municipal Justice Center or,Thursda P.M, to 6:30:.�. ;Mr. Co 11 the Photographs will be de Y. Januar 23,a tory reception dedicated to the Courtroor). Y 1985 from 5;15 COUNCIL Avenue N's use b contractor-- I to use Ave -ooncilmember Dowling expressed his concern in the city allowing z contractor nue N �o stack his forms and eeuipment-rale doing a job adjacent to ;he that area is rather tight to do a project 11F ei rebuild the street if he damages it. Councilma street. Mr. r'ipEs noted k- that and stay off,the street anc the coc;racicr hpromised Pipes noted this is an exception rather than U-e Dowling noted he of ih in e pec e.cent and ,.ho; didn't like the precedent. Mr. his material sofro 1 the Jstreetl irrega�tliess dol rthe fast t the Ct. Y usually C.:esr'L a,:un that sort "lta force icsuE and require Lr. Cgnir,_ �. - fisn Hatcher Roatl Neighborhood - ay no'-be a nE t:ilv - - remove the - - Request for Street Li❑h `rave'ec rr= pessrpi my of putting street lights or. sane t--,hs. Councilmember Grr __.. Hatchery Road. Mr. Pipes noted this cc rners e`the 'r asked the City I- o�.at to this study. project is in the w r - wh _ c s zr.d sore sSa 1f time hes e Avr-==1,fi e-e ctr a =v tee,'d=d`ca ted i he Will check t o ,his c-t o ;.w= 1 N, t - fo-v tre- all . rt back to t•,e Cc -.. e'n ztion Co -tads --Councilmer^ty Be'. ` e e �.� E vcr� n Ge. r a cid ity for cuz— rg beck trark d the Cvty Secrete-_ v or tF ace, c n. ce Ar a d tie ner�on 7 fo , Y Fin ;tre,tc'c < of-�c-:at C d (C to k m:, t L�aNc .v, o, r 4e.i_ z Mar, w<` s Be, y men Ij r. C ur. it .b r Ca ro dh c.. es 1 SE t hen f -C a r. ste.c y �e b g —1. � _�f t=r .� .he YE J Schaper VS. cit,otr.e to d�S CUSS DalE II � ti 5.11E la=u II'i 93 NOTICE OF A MEETING TYPE: ' FM (IN COMPLIANCE WITH ARTICLE NO. 12 NO. 6252-17, V.A.T.S.) - NOTICE is hereby given that the Huntsville City Council of the City of Huntsville. Texas will conduct a REGULAR Meeting on APRIL 8 1986 at 6:45 P.M. in the ity Hall Council Chambers. Items to be discussed and/or acted upon by the City Council at this meeting are listed on the lower portion of this Page- DATE OF POSTING: 4-4-86TIME G: 8:00 A.M_ R peShaw (SEAL) ity Secretary 6:45 P.M. Convene for citizen input/inquiry session (15 minutes, if needed), to be followed immediately by the formal session FORMAL SESSION 1. Call to order--Jane Monday, Mayor. 2. Invocation. 3. Consider the minutes of the meeting of April 1, 1986 (TBP) 4. Receive and canvass the results of the election of April 5, 1986 for officers and charter amendments. 5. Consider Ordinance No. 86-4-8.1 certifying the results of the election (TBP). 6. Oaths of Office ceremony for the four at-large officers. 7. Consider the election of a Mayor Pro Tem. 8. Consider a contract for services with the Huntsville Youth Baseball Association (HYBA) for summer baseball program. (1-2) 9. Consider Bid 86-37 for a 3/4 ton pick-up for Parks and Recreation to Moore Henry Motors in the amount.of $10,300 to be paid from budgeted funds. (3) 10. City Manager's Report--Gene Pipes. a. Retreat planning. 11. Mayor's Activity Report--Jane Monday. 12. City Councilmember Action. 13. . Media Inquiries. . 14. Recess to Executive Session to discuss a real estate matter, property acquisition on 30th Street, sewer line easement on Normal Park and pending litigation: Schaper Vs. City and Justice Vs. City. 15. Adjournment (no action contemplated). FYI: Monthly fire and climatological reports (4-7) Agenda for April 7 Planning Commission 4(8) MIMUfEY(M MMFSYILLE CM DOIMA Wm•NCE f.�}R(!LO 111 TME CM WLL CAMEL aWKIIS IR 'd MIA1f5 1 Wall COIMFY.TERAS AT f:M P.M. fvi TM Cduncil at in a regular 6"510 MG the follGA Leben present: 'r JIM Noriday.Mayor 0.E Barrette Si11 Hodges (outgoing)and Ila i.Gaines(inta�tnp for two raara G7 11 Willim t.G+en' SdpMn E.Davis- hrcy lend'Jr. Mit-elected April S.1986 for 2 years Jany L.Dowling Dick tartan City Officers pnsent: ;am Pipes.City Manager;Scott founds.City Attorney;Ruth OeShw.City Secretary the ReverendDr.wasYwas CAII-drtof rderFby the %Baptist nor Dl.CMrchne monday.Mayor. The tnvoution was Presented by ATTENDING CITIZEN . Mr.Charles Noshing.reprited the Council-Gene esenting the Huntsville Youthril Baseball sso"aday re�oniesvat Mate N Ross Mworial Pipes.Ray Black end Johnny poteete to ten SAWrdAY.AD and to show tha, P.MrrkRAt IO:DrOioted 15 games ere scAedulM end sqr To like to pea it w111 De theho All in rsrcnwttn their Parents,etc,(bo sy ie95eenon . 12 and under)es cmaered to 1985•nen they had 45D kids. He said en add5tional tour new[cans had to it put el anis year. Ne said 4l d to there wz a little bit of a scheduling problem, the two new fields definitely halped C014SIDER RESOLUTION Receive end canvass the results f the el ction of nil 1 f r ffi r h r r D on- s de Resolutio t'f 'a the estlt of the election. n The Council then reviewed the returns of the April 5. 1986 election. After a thorough review DY all camper of the Council.Mayor Monday then proposed the following resolution for consideration: RESOLUTION NO.86-6 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE STN DAY OF APRIL.1986.FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS,ONE FROM EACH OF THE CITY'S FOUR FOR POSITIONS.AND FOR THE PUR- INGETHE RESULTS OFEIGHT SA 0 ELECTION'FFAMENDMENTS INDING THAT NOTICE OF SAIDCITY ELECTION WASVIDULY;ANDu� PROPERLY GIVEN CIS AI SAID ELEETINITWNE LAWS THE ATROPERLOFHELD AND RETURNS THEREOF MADE BY THE PROPER AL E. For Cou cilmembe at-large Position Den For Council4ember et-large.Position Three Stephen E.Davis . . . . . . . .1564 0.Eugene Barrett. . . . 1010 Write-ins . . . . 45 Janet Fair . . . . . - 938 Write-ins . . . . . 4 Fo Cwncilmembe et-large.position Far For Co ncileembe at-lame.Position Tyro Bill Green. . . . . . . .1563 . . . . . 55 Ila G.Gaines . . 1041 " Jim Carter . . . . . . . . 919 Write-ins ' Write-ins. . . . . . . . . . 2 AGAINST FUR AMENDMENT 133 1645 1--To emend the City Charter to require that the Mayor and each Lounci lnaober be a quaff fied end'registered'voter of the state of Texas instead of a'qualified'voter of the state of Texas. (Section 4.02) 2--To amend the Charter to require that the 275 1500 Mayor and each councilsenher file a written notice of a conflict of interest if they abstain frau voting. (Section 4.09) 363 1456 3--To amend the City Charter to require the Mayor and council to fill v:.nl es in the office of caunci la+mber Dy special election rather than by appointaent.(Section 4.19) 1131 1--To+Wend the C1q Charter to change ten date 287 of run-oft elections Tr®the third Tuesday following Lhe election to A Saturday within thirty days following the election.(Section 6.02) 5--To wend ten City Charter to change all"far- 211 1482 eMes to'Doll tax recaipt or coapt,.arti- encete serf al rs�ers-to-voter registration nueDen.' (Section 7.03) 1599 ire lis- 97 6--To wend the City Charter to reqs_ D� dfor ays D ioretoaltheosale- (Section 11.161een 7 --To repeat Sections 74.01 and 14.O1A Of the 326 1239 citandyiner nrbudgetdtrmifMo iveeDer11978v Oct. ober 1.1983. ��5 11's 7;.; ; Iv st; �S ca 51 Ir . . . .. . . . . . H W i 5- e ; <aa-aa as t2IM I x Ro t asasLL �;�l` s =,�I� b= o `rs t da tele 14np 7171 Assx t fMemal! are baseball proveim CenstMr Antract Ci Manager,Gant►ip!s noted this contract is similar to those of Previous years with one distinctive r difference to tat the boys• baseball program has$wanted itself from the girls'healon Program d this Youth aseeell"real.Mich-111 a a&."mi.contract yet to a rtvilrad h the Council. Me tela M1t contract,therefore,covers only the boys'baseball contract. He amid the contract aces+rM7ute tare.111 a Play until 10:00 P.M. or to last 9q—te of the day•i�ichaver cots first. Counc1I=r I1omwM made the motion tD rove this contract aM Cuuncil�ber s amcoodwd the motion. All wen n ower an t m s man mous Dunt nD s c s consensus t• clues at her a Mra! 9[s Ynt it r s by o Nss m. CONSIDER PICK-UP TRUCK Consider a Did fora 3 a tm 1ck-u truck for Parks and Recreation to Mare HenryIotors 1n the amount of$10.30( to eie hire Pipes presented the wane etas subattted and ommended awarding the bid to the lowest bidder Meeting SpKlf i ca ti ons Submitted by MCore-Henry Motors for 210.300. He said ten trvck-111 be used by the mer Crew recently autnort Zed te carry eguiptnt,Supplies, and employees w the park sites for Maintenance.etc. Ile said funds for this purchase were approved in the Mid-year budget adjutbaents in th smbunt of$11,000 in account 01-21-6904. He noted nine is the largest MU ber of bids he can recall having on anything. He said tare is a 90 day delivery tints on tens truck. [ouncilmenber Beth Made the motion to acce t tis bid and Councilmember powlin seconded the oration. Discuss on: Dunt men r ou t ! vlry to to lstu lug as tis into ten swmer en a felt we'd need it Much sooner than that. Mr.Pipes noted they will be shuffling equraaent around and robbing I truck from someone else to get buy until delivery. He said it would not hamstring the new employees a Ney will wake do for ten duration of the it. Mr.Poteete noted the two now-player slots to Parks end Rec2ati an nave been filled by transfers Mui Min the sYstem,but ten vecancf es created hive not yet been filled. Councilmember and Ib or PER tem Dowi in rw�theta n:%t ks tats cit t cru^I on to approve traditional whi to co or, ne ty eo s n im It Dossed unen mouzlY. CITY MANAGER'S REPORT--('ane Pipes Sprino Fezii vol--SHSU Mr.Pipes passed out a n spaper publication entitled'SNI Today.-and a letter lout leLiaoannT Oa President Elliott Bowers to attend the Saturday fes tfvftf es on_pus and to tour Me rtcently carp ewe (Communications Building,General Purposes Classroom Building•Xeala taonYslk se lduSAerenBuilding). will De�lbaseball said gaMe ten Austin College Building has been renovated aM it will be opene ncou council and towns- a tennis watch and an intersqued football game at ten new football stadium. Hee raged the c people to attend and participate. Planning Retreat Mr.Pipes advised the Council that Haterwood is booked for the weekend of May 17,so it will be necessary for the Council to choose an alternate place to meet. Mr. Pipes suggested the Council and staff meet at City Hall this year and enjoy a barbeque in Tum Creek Park after Me day long eeeting. He proposed tat city staff maober.Mr.Jahn Keys,Director of internal Services,provide his xpertise in the barbeque preparatim under the big oak tree in the heck yard. Xe noted Ney 17 is gran night for Mose of the council who have teenagers Mo may be involved in that. Ne saitl it would be literally impossible to eat out at a restaurant on bran night in Huntsville. He said plans will be wade in advance of next year so that the retreat can be held elsewhere. Mayor Monday noted the Council will probably start at 8:00 A.M.and break for lunch and then work until about 4:OD P.M. She noted the council's spouses can then join in for a leisurely barbeque dinner. She suggested all near jeans and be comfortable for the day. It was noted w May even Ditch a few no rse shoes. MAYOR'S ACTIVITY REPORT Response from Representative Charles Milson on the Tax Reform Bill's Effects-.Huntsville Mayor Monday noted the letter from Nilson was received acknowledging ourcre earlier letter to him regarding thehe THL effects of they will the new that we are bill d i ucantect ri A our eoffticials onethatatbpic nail a copy of it to the Central Appraisal District Repot of Anticipated City Tax Revenues for 1986-1987 Mayor Monday presented this'Port after a meeting with Mr.Grover Coot.warded andaaecauI he tatWalkeit County Central ApDraf sal District. She said Mr.Cook's outlook is extrecly gum the current trend doesn't averse itself in the near futun.that we could experience en S70 million net reduc- tion in expected valuation for fiscal year 19s I 86-1987. She said Appraisal District figures fndfca.tat added fneworeseeseatvoszible losstbffor toIt"S30 million th tMrexisting lDroperties�she Shenoted presentedtthesame categories,usesok and amounts,as follows: ' Amount j Cate or cue , B Multi-fasily residential 570.000.000' F Co®erctal S 8.000.000 J Utti cites S 5.000.000 L Persmal Property S 6.ODO.000fe All Other 230.000.faa1 eSOme of our largest taxpayers are the large apartment tracts.l "Highest risk and for lost revenues.if bankruptcy protoCtion fs sought by failing businesses. Mayor Monday noted then an Mree standards by Mich hell appraisals are judged in esteblishtrg relative values: incise approach,mMrket value and cagarable sales. In a the I g market such as we apparently now accurate indidatorch thethe most taxablemethods masfluctuate of ta endoo JualY eat. ch araandAP lurtlfYca texoroll.b is toA gepegnerally weak economy.she continued,Men May express itself in Aself-fulfilling prophecy fashion and lower the values reoardless of replacement costs or other role of Msab yardsticks of value. Ma —r Moonda noted she is opposed to the removal of any apartment complexes from the tax rolls by their Durcase hs gonia was"do on recordo-1 theT'tDC a d•SHSU rtgarding tha removalIn response to-question bbfKUxableoDroperties frmkour ax rollss by id she purchases. �) 97 A "s«a� 's; €y "fri d's^ 3~«�xEra«gr "ri 3cU 8� o IY6g 5 x ss" a IAN; x" rad_: �s�r"T �� x«��=�s �r�`. �z s^== - s-« = «sa„$n_gs ? "e;:Q��o $"� go ��ggu�c �sx� '41 S "a Agga Ek «a ag. . <~fS < >�� :5 ^Y•`�«- � �Y."2 �' 3 tl" §"a8 « r ' saia� eFE of=gx,g- :9".Sar��s $o2s� s� i" ? "a, go �gE "Yio ,9 x �Tevs qY9 yea = "s=�� .« _ a `Ya y M-g Cw s .= gs1� tAt ead`:.x�gLe ""a"�S sa<� «� B», sae s�le� `fr « s� "seo4U�«o $«E� "s"ea avr £z" &sy 3 . s� F�aga yNa ss` . sEo s� r� 3= « os 4c �-ea" u `r4sd �Elaa!� ggsdas- i"g^v"o`>�� o �taaoao��re 7ce 31 '�i «as �eg^ raK-. . • gTas�x« =gs"o" oaoas « g's 5� 3 2 p n�~oasa� a ax= ,rss =° xL osa�� 8<«g— ��! Es3 :'rs . i.a = .'a3 `�"asryT�r� <: _ = . .e� dN" <aaa = ;SFE« ,r lut3z - s _� ods " :g��o 03 1:7 gxgel � In e� ' 8« _� asgs � EXHIBIT D. THE ELECTION 1. Notice of Election . . . . . . . . . . . .log 2. The Ballot . . . . . . . . . . . . . . . .110 3. A Summary of Returns . . . . . . . . . . .111 4. The Resolution Canvassing the Election. . .112 THE HUNTSVILLE ITEM S 1 DAY JAI;L'AFY 19 936 tot—LMPI — • tot—L".i MOUO" I Notbee Notloee NOTICE OF A REGULAR ELECTION FOR THE CITY OF HUNTSVILLE Notice Is her given that a City Regular Election will be hold on tel Sth day of April,1900,In the above named city for the purpose of electing the following of- ftcere for said city:Four council members ataarys;and to consider"follow- Ing eight City Charter Amendments: -Shall 4.02 of the City Charter be amended to require that tiro Mayor and each Council member be a"qualified registered"voter of the State of Texas Instead of a"qualified"voter of the State of Texas? Shall 4.09 of the City Charter be amended to require that the Mayor and each Councllmember file a written notice of a conflict of Interest if they abstain from voting? Shall 4.19 of the City Charter by amended to require the Mayor and Council to All vacancies in the office of the councilmember by special election rather than by appointment? Shall 6.02 of the City Charter be amended to change the date of runoff elec- tions from the third Tuesday following the election to a Saturday within thirty days following the election? Shall 7.03 of the City Charter be amended to change all references to"poll tax receipt or exemption certificates serial numbers" to "voter registration numbers"? Shall 11.16 of the City Charter be amended to require publication of the sale of bonds at least fourteen days prior to the sale? Shall 14.01 and 14.01A of the City Charter providing for Interim Government and Interim Budget from November 1970 to Octobert,UM,be repealed? Shall 14.22 of the City Charter requiring all courts to take judicial notice of the City Charter without proof be repealed? Said election will be held at the following polling places in said city: Inelection precinct no.101,at Fire Station No.2 building,2109 Sam Houston Avenue. In election precinct 102,at Walker County Courthouse Building,1100 University Avenue. M election precinct 105,at the First Baptist Church Building,153010th Street. M election precinct 201,at the Holiday Inn Building,1407 Interstate 45. M election precinct 202,at the First Presbyterian Church Building,11105 19th Street. M election precinct 206,at the Pine Bluff Church Building,3721 Possum Walk Road. In election precinct No.301,at the Emancipation Park Building,300 Avenue F. M election precinct No.300,at the Folth Memorial Baptist Church Building,314 16th Street. Jn election precinct No.401,at the Gores Unit Recreation Center,30,000 Hlghway75South. The polis at each of the above designated polling places shall on said election day be open from 7:00 AM to 7:00 PM. The absentee voting for the above designated election shelf be held at City Hall Building,1212 Avenue M,in sad city and said place of absentee voting shall re- main open for at least a hours on each day of absentee voting which In not■ Saturday,Sunday or an official state holiday,beginning on the 201h.day of con- tinuing through the 4th day preceding the date of said election.Said piece of voting shall remain open between the hours of 11:00 AM to 12:00 Noon and 1:00 PM to 5:00 PM. Dated mla it a 14th day of January,19M. Jane Monday Mayor 109 (continued) --.. 6SIUAL W1DT EZA:rnc KIM EL[CTHEI "j -.. •r 6 THE CITY 6 MMMILLE.TERAS NRIL S.DR .' RIO A 61 CALL ELLCK KG LL .. 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DEl Eu.'Eon:E,v`pE`u cIw%o�l,s—LES 01""41 OFFICIAL r o (} APRIL 5, 1986 CITY CHARTER AMENDMENT ELECTION RESULTS + �rsr VOTES BY CITY PRECINCTS • •,•': TOTALS NUMBERAMENDMENT ABSENTEE 101 102 105 201 202 206 301 306 401 YES NO w.rwain:e..et°.•s` s::a•.ose.wi ins I YES 141 97 374 100 247 177 121 172 18 192 sss+.r r..n moue°r.•°.aui.e•.m.• 1645 133 NO 14 4 22 15 17 14 11 17 3 16 r+.nsr cn..,<.°..+<na<e s. YES 126 92 336 98 229 163 114 158 15 169 ar°.ec...... i;ie.:ii 21500 275 NO 24 9 55 16 34 24 29 35 6 43 YES 110 89 316 84 203 154 150 158 16 176 1456 363 r "'rai ....... r r. 3 .w.�"i«°,ii° NO 43 11 80 31 54 36 39 31 5 33 s;».f .s'on.ny YES 108 83 327 84 2956 177 -- i.r.. 4 NO 39 13 53 28 28 128 111 140 16 27 1431 287 :iii«i a r"'n , r°u°. ° n 24 43 4 .n...r.......°<..nem,° YES 127 91 343 85 226 157 117 150 16 170 i°`..ui NO 16 7 35 26 22 22 17 32 4 33 1482 214 sn.n s u.is.r rn<cn,cos:.°•....°.e r. YES 125 94 365 98 244 174 125 160 19195 i.+aeu<oa io 6 1599 97 «.i...a.n . ,.i:r NO 13 1 16 11 7 8 9 20 2 10 __ + sn.0 !.I.u.m.na u.m..r rn.ui cn.,r<. YES 98 60 281 77 184 120 139 125 16 139 .i". .v.. .r .e im<i+ 7 1239 3 • r«°,.n<.�wre ro o�r;°<.`i,wei`°e No 32 18 66 26 35 36 30 44 3 36 26 YES 85 69 267 74 175 134 136 114 13 144 --- -- - 1211 389 NO 45 16 79 37 51 31 30 56 5 39 �4ENDeNCf Total votes cast in Precinct No. 101 . . . . 113, %of total 5.48 Total Number Voting in this Election 2060 P' Total votes cast in Precinct Ho. 102 . . 437, %of total 21.21 Total Registered Voters in City . 9573 Total votes cast in Precinct No. 105 . . . . 143, %of total 6.94 %Registered who voted . . 21.5% Total votes cast in Precinct No. 201 . . . . 287, %of total 13.93 aFa7j" 1 MLS Total votes cast in Precinct No. 202 . . 209, %of total 10.14 Prepared by Ruth DeShaw, City Secretary Total votes cast in Precinct No. 206 . . 212, %of total 10.29 April 5, 1986 Total votes cast in Precinct No. 301 . . . . 234, %of total 11.35 A. H U N T S V 1 1. L E Total votes cast in Precinct No. 306 . . . . 21, %of total 1.01 Total votes cast in Precinct No. 401 . . . . 233, %of total 11.31 Total votes cast in Absentee Voting . . . . 171, %of total 8.30 Pct. 101 -- Fire Station No. 2 Pct. 206 -- Pine Bluff Church Pct. 102 -- Courthouse Pct. 301 -- Emancipation Park Bldg. Pct. 105 -- First Baptist Church--10th St. Pct. 306 -- Faith Memorial Baptist Church Pct. 201 -- Holiday Inn Pct. 401 -- Goree Unit Pct. 202 -- First Presbyterian Church RESOLUTION NO. 86- - A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 5TH DAY OF APRIL, 1986, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR AT LARGE POSITIONS, AND FOR THE PURPOSE OF VOTING ON EIGHT (8) AMENDMENTS TO THE CHARTER OF THE CITY OF HUNTSVILLE; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS, pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 8th day of April, 1986, proceeded to canvass the returns of the Regular Municipal Election held in the City on the 5th day of April, 1986, for the purpose of electing four Councilmembers, one from each of the City's at-large positions; and for the purpose of voting on eight (8) amendments to the City's Charter; and WHEREAS said Election was held under and pursuant to the provisions of Ordinances No. 86-3 calling said Election; and WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at the Election were as follows: FOR COUNCILMEMBER AT-LARGE, POSITION ONE 0. EUGENE BARRETT . . . . . . . . . . 1040 JANET FAIR . . . . . . . . . . . . . 938 WRITE-INS . . . . . . . . . . . . . . 4 FOR COUNCILMEMBER AT-LARGE, POSITION TWO ILA G. GAINES . . . . . . . . . . . . 1041 JIM CARTER . . . . . . . . . . . . . 949 WRITE-INS . . . . . . . . . . . . . . 2 FOR COUNCILMEMBER AT-LARGE, POSITION THREE STEPHEN E. DAVIS . . . . . . . . . . 1564 WRITE-INS . . . . . . . . . . . . . . 45 FOR COUNCILMEMBER AT-LARGE, POSITION FOUR BILL GREEN . . . . . . . . . . . . . 1563 WRITE-INS . . . . . . . . . . . . . . 55 112 CHARTER AMENDMENT NO. 1 TO AMEND § OF THE CITY CHARTER TO REQUIRE THAT THE MAYOR AND EACH COUNCILMEMBER BE A QUALIFIED AND "REGISTERED" VOTER OF THE STATE OF TEXAS INSTEEAD OF A "QUALIFIED" VOTER OF THE STATE OF TEXAS. FOR . . . . . . . . . . . 1645 AGAINST . . . . . . . . . . . . . . . 133 CHARTER AMENDMENT NO. 2 TO AMEND § 4.09 OF THE CITY CHARTER TO REQUIRE THAT THE MAYOR AND EACH COUNCILMEMBER FILE A WRITTEN NOTICE OF A CONFLICT OF INTEREST IF THEY ABSTAIN FROM VOTING. FOR 1500 AGAINST . . . . . . . . . . . . . . . 275 CHARTER AMENDMENT NO. 3 TO AMEND § 4.19 OF THE CITY CHARTER TO REQUIRE THE MAYOR AND COUNCIL TO FILL VACANCIES IN THE OFFICE OF COUNCILMEMBER BY SPECIAL ELECTION RATHER THAN BY APPOINTMENT. FOR . . . . . . . . . . . . 1456 AGAINST . . . . . . . . . . . . . . . 363 CHARTER AMENDMENT NO. 4 TO AMEND § 6.02 OF THE CITY CHARTER TO CHANGE THE DATE OF RUN-OFF ELECTIONS FROM THE THIRD TUESDAY FOLLOWING THE ELECTION TO A SATURDAY WITHIN THIRTY DAYS FOLLOWING THE ELECTION. FOR . . . . . . . . . . 1431 AGAINST . . . . . . . . . . . . . . . 287 CHARTER AMENDMENT NO. 5 TO AMEND § 7.03 OF THE CITY CHARTER TO CHANGE ALL REFERENCES TO "POLL TAX RECEIPT OR EXEMPTION CERTIFICATE SERIAL NUMBERS" TO "VOTER REGISTRATION NUMBERS". FOR . . . . . . . . . . 1482 AGAINST . . . . . . . . . . . . . . . 214 1 1�S CHARTER AMENDMENT NO. 6 TO AMEND § 11.16 OF THE CITY CHARTER TO REQUIRE PUBLICATION OF THE SALE OF BONDS AT LEAST FOURTEEN DAYS PRIOR TO THE SALE. FOR . . . . . . . . . . . . . . . 1599 AGAINST . . . . . . . . . . . . . . . 97 CHARTER AMENDMENT NO. 7 TO REPEAL §§ 14.01 AND 14.01A OF THE CITY CHARTER PROVIDING FOR INTERIM GOVERNMENT AND INTERIM BUDGET FROM NOVEMBER 1978 TO OCTOBER 1, 1983. FOR . . . . . . . . . . . . . . . 1239 AGAINST . . . . . . . . . . . . . . . 326 CHARTER AMENDMENT NO. 8 TO REPEAL § 14.22 OF THE CITY CHARTER REQUIRING ALL COURTS TO TAKE JUDICIAL NOTICE OF THE CITY CHARTER WITHOUT PRIOR PROOF. FOR . . . . . . . . . . . . . . . 1211 AGAINST . . . . . . . . . . . . . . . 389 AND WHEREAS the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest has been filed with said Council or instituted in connection with said Election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. 0. Eugene Barrett received a majority of the votes cast at said election for the office of Councilmember At-Large, Position One, and accordingly, 0. Eugene Barrett is hereby declared elected to the office of Councilmember At-Large, Position One, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 2. Ila G. Gaines received a majority of the votes cast at said election for the office of Councilmember At-Large, Position Two, and accordingly, Ila G. Gaines is hereby declared elected to the office of Councilmember At-Large, Position Two subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. 114 Section 3. Stephen E. Davis received a majority of the votes cast at said election for the office of Councilmember At-Large, Position Three, and accordingly, Stephen E. Davis is hereby declared elected to the office of Councilmember At-Large, Position Three subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4. Bill Green received a majority of the votes cast at said election for the office of Councilmember At-Large, Position Four and accordingly, Bill Green is hereby declared elected to the office of Councilmember At-Large, Position Four subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 5. Charter Amendment No. 1 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 4.02 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 4.02. QUALIFICATIONS. At the time of his election to office and during his tenure of office, each member of the Council shall be a citizen and a qualified and registered voter of the State of Texas and the City of Huntsville and, if he be a Councilmember from a specific Ward, a resident of such Ward. No member of Council shall have resided in the City for less than 12 months next preceding the election and no member shall be less than 21 years old. No member of the council shall be indebted to the City or be delinquent in the payment to the City of any tax or assessment. No member of the Council shall hold any other office or employment under the City government while he is a member of the Council, nor shall he hold any paid employment under the City government within two years thereater. A member of the Council ceasing to possess any of the foregoing qualifications shall immediately forfeit his office. Section 6. Charter Amendment No. 2 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 4.09 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 4.09. ABSTENTIONS. The Mayor and each member of the Council in attendance at the Council meeting shall vote on every issue that a vote is called unless that person declares a conflict of interest and files an affidavit stating the nature and extent of the interest. A person who fails or refuses to vote without filing the affidavit describing the conflict of interest shall be recorded as having cast a negative vote. Section 7. Charter Amendment No. 3 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 4.19 of the City Charter of the City of Huntsville, Texas, is amended to read: 111 SECTION 4.19. VACANCIES IN THE OFFICE OF COUNCILMEMBER. Vacancies in the office of Councilmember arising from any cause shall be filled for the remainder of the unexpired term at an election not less than sixty (60) days after the occurrence of the vacancy. A special election shall be called in the manner provided for City general elections to elect successors to fill such unexpired terms. Any person elected to fill a vacancy in the office of Councilmember shall possess all of the qualifications herein required for the office. Section S. Charter Amendment No. 4 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 6.02 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 6.02. RUN-OFF ELECTIONS. In the event any candidate for Mayor or Councilmember fails to receive a majority of all votes cast for his particular office at any regular or special election, the Mayor or, if he fails to do so, the Council shall on the first day following the completion of the official count of ballots cast at the first election, order a second election to be held on a Saturday within thirty (30) days following the date of such order, at which election the two candidates receiving the highest number of votes cast for such particular office in the first election, at which no one was elected to such office by receiving a majority of all votes cast for all candidates for such particular office, shall again be voted for, and the one receiving the highest number of votes cast shall be elected to such office. The City Secretary shall give notice of such run-off election by causing said notice to be published at least ten days prior to the date of such election in the official newspaper of the City. Section 9. Charter Amendment No. 5 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 7.03 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 7.03. FORM OF PETITIONS. Initiative petition papers shall contain the full text of the proposed legislation in the form of an ordinance, including a descriptive caption. Referendum petition papers shall contain a sufficient description of the ordinance sought to be referred to identify it, or if the ordinance has been passed by the Council, the full text of the ordinance sought to be referred shall be included in such papers. For a petition signature to be valid, a petition must contain, in addition to the signature, the printed name of the signer, the signer's voter registration number, the signer's residence address, the signer's ward or precinct number, and the date of signing. No signature shall be counted where there is a reason to believe it is not the actual signature of the purported signer or that l l i� it is a duplication either of name or of handwriting used in any other signature on the petition. Before the signatures on any petition paper may be counted, one of the signers of such petition paper, a qualified voter, shall make oath before the City Secretary or any other officer competent to administer oaths, that the statements made therein are true, that each signature to the paper appended is a genuine signature of the person whose name purports to be signed thereto, and that such signatures were placed thereon in his presence. Section 10. Charter Amendment No. 6 was approved by a majority of the votes cast at said election on said amendment and, accordingly, § 11.16 of the City Charter of the City of Huntsville, Texas, is amended to read: SECTION 11.16. SALE Of BONDS. All bonds issued by the City shall be sold at public sale upon sealed bids after at least fourteen days notice thereof has been published at least once in a publication carrying municipal bond notices and devoted primarily to financial news, and at least fourteen days notice thereof has been published at least once in the official newspaper of the City. Such sealed bids must be opened at a meeting of the Council. No bond, otehr than refunding bonds issued to refund and in exchange for previously issued outstanding bonds, issued by the City shall be sold for less than par value and accrued interest. All bonds of the City having been issued and sold in accordance with the terms of this Section, and having been delivered to the purchaser threof, shall tehreafter be incontestable, and all bonds issued to refund and in exchange for outstanding bonds previously issued shall, after said exchange, be incontestable. Section 11. Charter Amendment No. 7 was approved by a majority of the votes cast at said election on said amendment and, accordingly, §§ 14.01 and 14.01A of the City Charter of the City of Huntsville, Texas, are repealed. Section 12. Charter Amendment No. 8 was approved by a majority of the votes cast at said election on said amendment and, accordingly, §§ 14.22 of the City Charter of the City of Huntsville, Texas, is repealed. Section 13. City Council finds that the notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling the Election, and that said Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the Election, and in all things according to the law. 11.7 Section 14. This resolution shall take effect immediately from and after its passage. APPROVED this the 8th day of April, 1986. THE CITY OF HUNTSVILLE, TEXAS By JANE MONDAY, Its Mayor ATTEST: Ruth DeShaw, City, Secretary APPROVED AS TO FORM: Scott Bounds, City Attorney 1.18 EXHIBIT E. MEDIA ACCOUNTS THE HUNTSVILLE ITEM FRIDAY SEPTEMBER 13, 1985 ouncil to present- charter proposal By KATHY FAIR ficial acts before leaving office in Item Staff April, had said he thought the A committee studying the charter needed to be amended. Huntsville City Charter will pre- Nash had been criticized for sen; changes in the document at a considered for the council post public recommendations for not announcing who was being - public he Wednesday at 7 tion. He eventually released the p.m.in Council Chambers. list of people who had submitted Among the proposals the their names for consideration or three-member panel will be who had been recommended by presenting are changes in the way others. vacancies on the council are fill- The committee also is recom- ed,the scheduling of run-off elec- mending that run-off elections be tions and the elimination of pay scheduled at the council's for council members and the pleasure on a Saturday within 30 mayor. days after the official count of an The committee,which consists election is completed. of Richard Cording,dean of the See COUNCIL,page IOA College of Arts and Sciences at The charter now calls for run- Sam Houston State University; off elections to be held on the Linda Schulz, vice president of third Tuesday following the elec- First National Bank;and Michael tion. Canon, a local attorney, will be Bounds said the change is be- presenting a list of 10 specific ing recommended since all charter changes and two general regular municipal elections are on recommendations. Most of the Saturdays and this change would changes are beingrecommended make the election day consistent. to bring the charter in compliance The committee also is recom- with changes in state law, ac- mending that the mayor and cording to City Attorney Scott mayorlserve now gets without pay. The and Bounds, who also served on the committee. council members get 110 a The committee is recommen- meeting. Some councilmembers; ding that,rather than having the however,are not paid because of council appoint a replacement to restrictions by the state against its a vacant council seat as is done employees getting paid by other now,that the position remain un- government agencies. filled until the next regularly The committee also recom- scheduled election. mended some minor editing to Bounds said his interpretation The,committe is recommen- ding, the chatter to eliminate confusion of the charter has been that the however, that if there are about whether the mayor and positions are separate and that a two more vacancies, a special council positions are separate person can be elected to four con- election would be called to elect post secutive terms on the co•rcil and successors for the remainder of postconfusion arose over to four consecutive terms as the unexpired terms. or. The procedure for filling whether the mayor,as a member ma Y vacancies on the council came of the council, was limited to a The committee recommenda- under fire last winter when Bill total of four consecutive two- tions must also go before the Green was named to fill the unex- year terms,including any time a council. All of the proposed pired term of former coun- may may have served as a changes that are approved by the cilmember Murray Brown. council will be placed on the council member. Former Mayor Bill Nash,who April ballot. appointed the :charter review committee as one of his last of- 119 THE HUNTSVILLE ITEM MONDAY NOVEMBER 11, 1985 CITY NEWS NOTES By Ruth Deshaw Huntsville Citv Council agenda: The Huntsville Cite Council will convene at 6 P.M. Tuesday for an executive session to discuss contemplated litigation: City v� Conway.A:6:45 o.m.the c* Our—will open the citizen com- ment'inquiry.session which is to be immediately followed by the formal meeting. Items to be discussed and%or acted upon are listed as follows: Attending citizen Helen Gros. ❑Discuss recommendations of the Charter Review Commission Report—Chairman Dr.Richard Cording. ''Consider a request for disability exemption from the ad valorem levy. L–'.'Consider ordinance amen- ding chapter 12,motor vehicles. to codify no parking zones. ❑Consider ordinance amen- ding the code of ordinances.sec- tion 12-52,to allow jury member parking in restricted zones. ❑Consider a contract with the Huntsville-Walker County Chamber of Commerce for tourism services. ''Consider bid for emergence generators for City Hall and the Municipal Justice Center. ❑Consider GSU rate request options. Citizens of the community are invited and encouraged to attend city council meetings, both for the citizen input section at 6:45 P.m. and the formal meeting which follows that approximately 7 p.m.Those who wish to address the council must register at the door prior to 6:45 p.m.for the 15-minute citizen inquiry/com- ment period. Individuals will be heard in order in which they ap- pear on the register. 120 THE HUNTSVILLE ITEM WEDNESDAY NOVEMBER 13, 1985 Council tables renewal of contract for tourism Macor Jane 'vtondac told the _onunueo from page one By KATHY FAIR acce t a' salary from another Item Staff group that the Texas Municipal p The Huntsville City. Council League had formed an umbrella governmental entity. Richard Cording,who chaired tabled a proposed renewal of a group for cries who plan to in- the Citv Charter Review Com- contract with the Huntsville- ten.ene in the case. mission, said the group recom- Walker County Chamber of The city must intervene in the Commerce after several council case,she said.if it wants to pre- mended that city officials be members said they want more in- sent Hunt ville concerns on elec- compensated for local expenses put on how city tax dollars are triciIv rates to the state Public rather than getting a token Utility Commission. salary'. spent. - The council also twill decide at The city budget provides$500 The city contracts with the for each councilmember's travel chamber for tourism services in a later date whether it will hold expenses. exchange for a portion of the 4 public hearings and try to present But Monday said she would percent hotel-motel tax levied by a recommended rate structure to bankrupt the city if she turned in the city. the PUC. all of her expenses and added that Last year,the chamber receiv- Regardless of what the city ed$105,894 through the tax. ac- does.the PUC will hear the case. the local expense reimbursement cording to Councilman Gary according to City Attorney Scott proposal would be a loophole Bell.Bell said he favored tabling Bounds. that could be abused. When Monday called for a the decision until the council has In other action.the council: vote on the recommended given "detailed consideration Agreed to all but one of the over how this money can be us- recommended changes in the cin• change,the vote was 4-3 in favor Mon- ed.' charter. of eliminating the pay,but Mon- recom- Councilman Jerry' Dowling. -Killed a request for property mend d wain wnot aiting una Id another. who recommended tabling the tax exemptions for handicapped meeting when all members were proposal, asked that the council persons. set up a work session to allow the *Rejected bids for emergency there. council and representatives of the generators at City Hall and the The only other major change chamber time to discuss whether Municipal Justice Center. recommended by the charter the money is being used to its In discussing recommended commission is one that would highest and best use." changes in the city charter.Mon- have vacancies on the council fill- Roy Williams,president of the day said she would wait until all ed by an election rather than-ap- chamber,said that Dowling had members of the council were pre- pointment by the council. been appointed to the tourism sent to get a consensus on a Councilman Bill Hodges said councilseveral years ago but the recommendation that the he favored the current policy council "unfortunately did not mayor's and councilmembers' because elections cost the city a get a lot of input"from Dowling. pay be eliminated. minimum of$3,000. also was Council members get $10 for Mayor Jane Monday in favor of tabling action,saying each meeting they attend and the Charter changes must o ap- votecs,and the co she thought it would be best to mayor gets$50 a month.But Sam "proved by: uncil Clear up the"recurring doubts on Houston State University and the mustvote later,on recommended the part of this council" about -Texm Department of Corrections w'ord'ing for the ballot, the contract. do not allow their employees to City Manager Pipes had The current contract expires in See CITY,page 12A recommended the vote against in- October 1986,according.to City stituting tax exemptions for han- Manager Gene Pipes. dicapped..The motion to grant The council also agreed to in- the exemptions died for lack of a tervene in the Gulf State Utilities majority. rural rate hike case. 121 T`HE HUNTSVILLE ITER WEDNESDAY JANUARY 15 1986 City proposals may stem m huture floods, official says By KATHY FAIR The city's present policy re- responsible for what ha Item Staff quires developers to handl Proposed changes in the city's e cur- upstream at a later date. ppens rent water run-o(f their Councilman Gary Bell said he drainage policy will not correct developments create and allows would like to see some concern any flooding problems Huntsville them to use such non-standard for aesthetics in the drainage re- has,but they could prevent more drainage linings as used quirements that would "avoid severe flooding in the future,ac- smokestacks and railroad tank the concrete mentality" cording to the city planning direc- cars,Brown said. and keep tor. some natural creek ares in the ci- Such non-standard linings, ty. The Huntsville City Council Pipes said,deteriorate over time Joel Jeffcote,chairman of the considered those proposals in a and are costly to repair or planning commission, told Bell work session Tuesday night,but replace. council members took home a that the cost factors on concrete packet of technical information Brown said that while the pro- pipe and other requirements to study. posed changes would result in would result in some developers, Planning Director Dale Brown higher development costs initial- especially those with smaller said if.the Huntsville City Coun- ly,the pay-off would be 20 or 30 tracts,opting for open channels. cil adopts the changes recom- years later when the city has The council is expected to vote mended by the City Planning fewer problems with outmoded on the proposed changes at its Commission, developers will and insufficient drainage meeting next Tuesday. have to install drainage systems systems. In its regular business session, tom eeIfuturedevelo development. the council: P Glenn Isbell, design engineer, *Approved an ordinance call- While the proposed changes explained to the council, water ing for an April 5 inaction of at- would have little impact on m- run-off problems are aggravated large council members and a dividual citizens,according to Ci- by paved areas — like parking referendum on proposed amend_ ty Manager Gene Pipes,the pro- lots—which increase the amount ments to the city charter. blems with the city's present of runoff(natural drainage areas -Accepted a low bid of 8.9 per- drainage policies were evident in will absorb some of the water). cent interest rate on certificates last October's flooding. Run-off problems also are of obligation toe purchased by The major proposed changes in created by the speed with which J.M.Pollard.The COs purchased will a us- the drainage policies, according rainwater flows through a ditch. ed to purchase a garbage truck. to Brown, would require Water flows faster through a lin- -Approved the sale of a used developers to plan for future ed ditch than a natural one, garbage truck and fire truck. water' run-orf if property the water must be slowed •Accepted bids for drainage upstream is developed and to use somehow. work and excavation on Avenue standard drainage pipes, if they Councilman Bill Green said he F The work is part of the capital choose to enclose creek beds and was concerned about requiring improvements project and will be drainage ditches. downstream developers to be paid with bond fonds. 122 THE HUNTSVILLE ITEM SATURDAY APRIL 5, 1986 Area residents to head forolls today Voters to ecide on council, chcrter BYKATHYFAIR Continu&ffrompageone Item Staff proved is the manner in which Amendment 6 would require vacancies on the council are fill- notification of bond sales at least 14 days prior to the sale and Huntsville voters will decide ed' would bring the charter in line Amendment 3 proposes that today who will represent them in any future vacancies be filled at "'tth recent changes in state law at-large city council positions and.an election,rather than appoint- on this matter. what changes they want to make ment by the council. - Amendment 7 would repeal in the city charter. The other proposed charter will be open from 7 a.m. a pO provisions for ri interim tfrogovern- Polls'to 7 p.m. amendments are: men[ and interim budget from _ Election observers say theyare - Amendment 1 would require November 1978 to Oct.1,1983. candidates for the council and not sure what effect,if any,the in be registered voters in Those sections in the charter school board elections will have, Texas. The present charter says were necessary when Huntsville on city races and whether write in changed its form of government campaigns will have a major"in- be the candidates must be eligible to i and when it changed its fiscal a voter in Texas. pact on voter turnout. year,but the transition has been Amendment 2 would require Two council candidates are _ _ ..., completed and the provisions are running unopposed. Incumbent]inembers of the council to file a no longer needed, according to -Steve Davis,an oral surgeon,is written notice of a conflict of in- Bounds. -seeking his third term as the at- teres[if they abstain from voting. Amendment 8 would repeal a large Position 3 councilman.In-;rJ4'tjie present charter allows section of the charter requiring cumbent Bill Green,chairman of council members to abstain from all courts to take judicial notice the economics and business,voting without declaring.a con-. of the city charter. analysis department at Sam ftict of interest,but those absten- Texas Supreme Court rules of -Houston State University, is tions are automatically counted. judicial notice and Texas Rules of seeking election to Position 4 to as"no"votes. ..Evidence cover that principle and which he was appointed in City Attorney Scott Bounds the charter provision is no longer December 1984. said the proposed amemndment necessary,Bounds explained. Veteran council candidate Jim will bring the charter in line with- Carter,a political science teacher changes in the state law which' at Sam Houston State University, now require officeholders to file i is making his third attempt for a written affidavits of conflict-of-: council seat. He faces -interest situations. businesswoman Ila Gaines in the • - race for Position 2.That position - -Amendment 4 would change', was vacated by Bill Hodges,who the date of run-off elections from servedthe maximum four terms the third Tuesday following an on the council. election to a Saturday within 30 Incumbent O.Eugene Barrett,,'days of an election..This section a dentist, is being challenged in of the charter was not amended his bid for a second term as the;when state law was ghanged to Position 1 councilman by Janet-move city elections to Saturdays. Fair,a school teacher. Amendment 5 would change City Charter amendments on all mention of"poll tax receipt or the ballot primarily are designed exemption certificate serial to bring the document in line with numbers" to"voter registration recent changes in state law. number." The biggest change that would resultif the amendments are ap- See VOTERS,page 9A 123 THE HUNTSVILLE ITEM SATURDAY APRIL 5, 1986 OFFICIAL RALLUT GENERAL.ELELTION OF THE CITY OF WXMILLE.TEXAS ^� APRIL 5. ERA /J 5 IROLETA ff][IAL DECCIUN QE 196 Ip\ OF LA C11A1D OF iR1rTSVILIE•7E1UlS 6 OF AWIL DE 1906) / INSTRUCTION NOTE:VOTE FOR THE CANDIDATE OF TOW CHOICE IN-EACH RACE By PLACING AM X.Ix TME SQUARE BESIDE THE CAXDI DATE'S MAHE. ,HE DE INSTRUCCION: VOTE POR EL CANOIOATO DE SO PREFERENCIA EN CADA CANDIDATURA MWCANDO CON UN•E•EN EL CUADRO AL LADD DEL NOMBRE DEL CANOIDATO.) COUNCILMEMBER AT-LARGE,POSITION 1 ((VOTE FOR ONE) (CONSEJAL EN GENERAL,POSICI6N 1) (VOTE POR UNE) El 0. EUGENE BARRETT ❑JANET FAIR 13 COON Cl LMEMER AT-LARGE.POSITION 2 (VOTE FOR ONE) (CONSEJAL EN GENERAL,POSICION 2) (VOTE POR UNO) ❑ ILA G..GAINES ❑JIM CARTER COUNCILMEM8ER AT-LARGE,POSITION 3 (VOTE FOR ONE) (CONSEJAL EN GENERAL.POSICION 3) (VOTE POR UNE) ❑STEPHEN E.DAVIS COUNCILMEMBER AT-LARGE,POSITION 4 (VOTE FOR ONE) (CONSEJAL EN GENERAL.POSICION 4) (VOTE POR UNE) ❑ BILL GREEN INSTRUCTION NOTE: VOTE ON EACH AM.ENUM-EN7 70 THE CHARTER Of THE CITY Of HUNTSVILLE'1 PLACING AN•t•Ih TME SQUARE BESIDE THE STATE-E.' INDICATING THE AT TOO VISN 70 VOTE. - (IOTA DE 1pCCIUN: VOTE POR CAOA EM VO IXDI OE[IARACi 1NDICAX00 U MAXEM OLE DESEAS OE MUMTSYILLE•MARCANDO CO. TA0.A OE LA CARTA OE LA CIUOAO ON•i•Ep EL CUAORO Al UDp OE La YO Wm-.T 1 (EMILaOA 1) NEWINE 5 (EMIENDA 5) $hall f;.I or the Yor Cn•e,v be amended to Sn•11 9 7.01 of tee C1ty Charter be,.ended to requtre frac the Mayor.m n equnctl.e.eer be•pu.1111ed and•re9lstered• at<r at the ❑Tes IS 1) eu�ge.17 references to P o ❑Ttf(Si) et,te of Teat Ins le•e or.•goal it led•rotor pilon certlri tate ser all �plrs leu ltioty /Ne State of Tt+asi rplstratlm—b— ElNo(Fo) "..endare.os stcc ion 4.02 de 1•Carta de la ❑No(a.) UEn.endare,os section 7.03 Or re Carta de la Ciudad Par,repuerlr pue el Alcal Oe y los Cfud.d Par, •biar Leda,Is, fermclas Ot NlnDros def Censele scan retmtes•callfiudot 're:W.de wltw6.o de let novel sm1a1 de y registr.dos•an el Eased.de 7..atil las Certl/I uelone[ eaentpt•Is r. d-1 los 61EW EMT 2 nintros del r"Istro de lm tot.t:.?) (E.IEXDA 2) AI[NOIENT 6 (LNEIENDA 6) Shall}4.09 of the City Cnarter be..ended to $M11 i 11.16 01 the C11,Charter be!.ended to ❑Tes($I) flleta•rittMnnoti�u a/ cath CWncll.t.ber 1f CeeY abst•1n crow retingt mfllct Of Interest ❑fes(S() LKnplOAiicatim of tee sate a/bonds.t least ,Ys Prior to the saleT ❑No(Ne) OEn.tndare.os secclon 4.09 de 14 Carta de is IIEn.endarues secelon 11.16 de 1,Care de la C1udAd para equerlr qua el A1Calde r los ❑No(Mo) Gfud•d Par. ....it It 11.16PvbI Kion de la•cola Mte.brm dei eortel Pener n rne u a!benos de.nes ae e•sor«dl a-.rtes de 1, Oec1R•Non acrlto a<((st<ris tmilitcto fl se •mea 4 los buret?) .bitenu6n de r.ta,T) ANCO ENT 7 •. (EMIMEDA 3) AKXDEENT 7 (IMIENDA 7) 'n•17 E 4.19 Of tn.r tl Cnarter bt�to f to Sh,tt 6f 14.01 and 14.01A of the City Cnarter tputre the Mayor tnd rten del to 1171 ❑Yes($1) facmtl a,In the efllce of<ourcl l...be,or Pror!ding for Inter!.iorern.ent•d Inter l• Pedal electfen rather than by upol—ent7 Y. (SI) 9udget/rw port.Der 1978 t0 October 1,]983,k epe.led7 QEr.d are e r seccidn.a de L Cart.de la �ac(Ne) (NlroGre.os sectI-- 'in ]1.01 y 14.016 de 1. ❑xr(Hol n.d.d Pan .Herb pue n ucnde r tot eiiI eel Co ie,io purlNIcclee eso.1 en Carta de 1.Cei mei ProNda oar ei;ebl Brno lntenedlo .'at.Intv.adlo N di. et de deslgnacloD7) i It octubre 1983,an•et de rollt.bre 19787) AME.pE NT a (EMIENM a) AM:.We 6 (EMIENDA 8) Ch/li 9 he 2 ordate tar Cityrun-off f.1..be..ended to SM 71 E 14.22 of one Clty CMrter repo;,.",,,y ing Lit n.rge the aae qr rur-orr aectlom rro.v.e ' ❑T<s S/ third Tuef daY fel le++n9 the lett ton to . its to take ludf clal .otice e/ tee C1tY ( I Satu•d•Y witnln tnlrtr days fol loe+n9 the ❑Yes(S() CMrter-1 ask proo/be repealed? el Ktianl ❑Xo(Mo) Nb(Ne) C1uda0 requlrimdot too f16 t 12at Cortes out te.an 4[r.enart.ot se cfon 6.02 de 1.c.n+de 1. Ciudad par.U.blar la/eco.de llectlo,es not telt 1u01C lat d.la area de It C1No•d fir eleundari,s Oe tl terser..rtes i+yu mdo un pr.eb.T) <cidn.u ubade mVe tretnb alas stqulend0 un tlKsidni) i.W .124 EXHIBIT F. THE CITY CHARTER (1982) EXHIBIT G. THE CITY CHARTER (AS ADOPTED PENDING PRECLEARANCE) RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 87-1 Elkins Lake MUD Incorporation Petition 01-?3-87 RESOLUTION NO. Z'/- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, GRANTING ITS CONSENT TO THE INCORPORATION OF CERTAIN TERRITORY AS THE VILLAGE OF ELKINS LAKE, TEXAS. WHEREAS, certain qualified voters of the hereinafter described territory, all of which is situated within the extraterritorial jurisdiction of the City of Huntsville, have heretofore petitioned the City Council of such City to grant its written consent to the incorporation of such territory as the Village of Elkins Lake, Texas; and WHEREAS, the City Council deems it appropriate to grant the consent requested by such petition; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: Section 1. That the facts and recitations set forth in the preamble of this Resolution be, and they are hereby, found to be true and correct. Section 2. That, acting pursuant to the provisions of Article 970a, §8.A., Vernon's Annotated Texas Civil Statutes, the City Council of the City of Huntsville grant its consent, and it does hereby grant its consent, to the incorporations of the following described territory as the Village of Elkins Lake, Texas: 1,051.1 acres, more or less out of the H. D. Ripley Survey, Abstract 489, the Drewry McMillian Survey, Abstract 382, the W. M. Barrett Survey, Abstract 77, the S. A.& M. G. R.R. Survey, Abstract 535, the J. O'Bannion Survey, Abstract 426, and the Alexander Brown Survey, Abstract 95, in Walker County, Texas, more particularly described as follows: BEGINNING at a concrete right-of-way marker set at the point where the West right-of-way line of Interstate Highway 45 intersects the north line of the said Ripley Survey in fence corner; THENCE S 89039' W, 2,012.5 feet along existing fence and the North line of said Ripley Survey to an iron rod being the Northeast corner of said McMillian Survey; THENCE N 89'50' W, 1,108.7 feet along existing fence and the north line of said McMillian Survey to a concrete monument set by Texas Department of Corrections in fence corner, being the southeast corner of said Barrett Survey; EXHIBIT B THENCE N 00'38' W, 1,487.5 feet along existing fence and the East line of said Barrett Survey to a point in fence; THENCE N 00019' W, 1300.3 feet to an iron rod for corner in the West line of said Texas Department of Correction Goree Unit; THENCE N 00032' E, 540.3 feet with the west line of said Goree Unit, to the Northeast corner of said Barrett Survey, a concrete monument marking a corner of the Texas Department of Corrections Goree Unit; THENCE N 89026' W, 414.7 feet with said Texas Department of Corrections line to the Southeast corner of the Robt. T. Walker Survey, Abstract 589, Walker County, Texas, said corner being a concrete monument; THENCE N 89031' W, 435.3 feet with the south line of a 5-65/100-acre tract described in a deed from L. B. Baldwin to L. H. Bush dated March 4, 1931 and of record in Volume 69, Page 427, Deed Records of Walker County, Texas; THENCE S 88031' W, 409.3 feet to an iron pipe in fence corner; THENCE S 89'05' W, 2,965.4 feet along existing fence and the North line of said Barrett Survey to the Northwest corner of said Barrett Survey in fence corner; THENCE S 01028' E, 3,333.9 feet along existing fence and the West line of said Barrett Survey to an iron pipe set by United States Forest Service in fence corner being the Southwest corner of said Barrett Survey; THENCE N 89020' E, 625.6 feet along existing fence and the south line of said Barrett Survey to an iron pipe set by United States Forest Service in fence corner; THENCE S 00006' E, 31803.6 feet along existing fence to an iron pipe set by United States Forest Service in fence corner in the north line of said O'Bannion Survey; THENCE N 80007' W, 1,385.2 feet along existing fence and the north line of said O'Bannion Survey to a concrete monument set by United States Forest Service in fence corner marking the Northwest corner of said O'Bannion Survey; THENCE S 10°04' W, 3,791.7 feet along existing fence and the west line of said O'Bannion Survey to an iron pipe set by the United States Forest Service in fence corner marking the southwest corner of said O'Bannion Survey; THENCE S 8011' E, 3,677.2 feet along existing fence and the south line of said O'Bannion Survey to an iron pipe set by the United States Forest Service in fence corner marking the southeast corner of said O'Bannion Survey; THENCE N 09°19' E, 2,982.9 feet along existing fence to a point in fence corner; THENCE N 89055' E, 983.3 feet to a point for corner; -2- I • THENCE N 00022' W, 1229.2 feet to a point in the south line of said McMillian Survey; THENCE S 89055' W, 106.7 feet along the south line of said McMillian Survey to a point in fence corner; THENCE N 00050' E, 1,297.9 feet along existing fence to a point in fence corner; THENCE N 89'51' E, 1,648.1 feet along existing fence to a point in the east line of said McMillian Survey in fence corner; THENCE N 00 36' E, 1,600.5 feet along existing fence and the east line of said McMillian Survey to a - .- concrete monument set by the United States Forest Service in fence corner; THENCE N 71'17' E, 156.7 feet to a point; THENCE N 64046' E, 601.9 feet to a point; THENCE N 69'47' E, 622.5 feet to a point; THENCE N 70'17' E, 704.2 feet to a point; THENCE N 73016' E, 114.2 feet to a concrete right-of-way marker in the west right-of-way line of Interstate Highway 45; THENCE N 16'28' W, 120.6 feet with and along the west right-of-way line of Interstate Highway 45 to the PLACE OF BEGINNING; Section 3. That the City Secretary be, and she is hereby, authorized and directed to deliver or cause to be delivered a certified copy of this Resolution to Mr. E. L. Embrey, Elkins Lake Box 163, Huntsville, Texas 77340, one of the signatories to the petition heretofore referred to, and to the County Judge of Walker County, Texas. L PASSED AND APPROVED, this day of 1986..�:% Mayor/ ATTEST: City S cretary -3- RECORDS SERIES"TITLE: Ordinances,Orders,Resolutions SCI-DULE NO.: 1000-05 CONTENTS OF PILE: / l RESOLUTION NO. 87-2-(C) WHEREAS the 1986-87 Huntsville High School Lady Hornet Basketball Team has achieved an enviable record in its first year to compete in the University Interscholastic League 5A Classification; and WHEREAS in route to posting a season record of 28 wins against only 6 losses, the Lady Hornets won 27 games in a row and were 14 and 0 in District 15-5A competition; and WHEREAS five of the team members, LaTanya Irving, Donna Rogers, Kim Watkins, Modesta Jenkins and Kris Olsta, along with their Coach Trevor Fountain, received post season recognition as All-District performers to cap this distinguished season; NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Huntsville, Texas, that the LADY HORNETS HUNTSVILLE HIGH SCHOOL 1986-'87 be commended on their hard work and fine play which resulted in such a glorious season of accomplishments for the entire team, Huntsville High School, and the City of Huntsville Community. UNANIMOUSLY PASSED AND AWARDED this the 17th day of March, 1987, by the City Council, City of Huntsville, to-wit the hand of the Mayor and seal of the City is hereto affixed. THE CITY OF HUNTSVILLE, TEXAS y (SEAL) / Byyr/ NE LMONDA , Mayor v i RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCI4EDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION NO. 87- 2 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 4TH DAY OF APRIL, 1987, FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE, AND FIVE COUNCILMEMBERS, ONE FROM AT-LARGE POSITION 3, AND ONE FROM EACH OF THE CITY'S FOUR WARDS ONE, TWO, THREE, AND FOUR; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS, pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 7th day of April, 1987, proceeded to canvass the returns of the Regular Municipal Election held in the City on the 4th day of April, 1987, for the purpose of electing a Mayor and five Councilmembers, one from At-Large Position 3, and one from each of the City's four Wards One, Two, Three and Four; and WHEREAS said Election was held under and pursuant to the provisions of Ordinances No. 87-3 and No. 87-6_ cal.l.ing_said Election;-and.,. -- - WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at the Election were as follows: FOR MAYOR, AT LARGE JANE MONDAY ........................ 1287 WRITE-INS .......................... 54 FOR COUNCILMEMBER, AT-LARGE POSITION 3 DIANE LOWE ......................... 699 JIM CARTER 741 WRITE-INS .......................... 5 FOR COUNCILMEMBER, WARD ONE WILLIAM L. HAMMOCK ................. 345 DAVE FALKNOR ....................... 147 WRITE-INS .......................... 2 FOR COUNCILMEMBER, WARD TWO BILL KNOTTS ........................ 203 WRITE-INS .......................... 4 FOR COUNCILMEMBER, WARD THREE PERCY HOWARD, JR. .................. 204 WRITE-INS .......................... 3 FOR COUNCILMEMBER, WARD FOUR GARY BELL .......................... 353 ALICE ELLISOR ...................... 129 WRITE-INS .......................... 0 AND WHEREAS the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest has been filed with said Council or instituted in connection with said Election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. Jane Monday received_a-majori-t-y--of the-votes-cast at-said-__-_ - Election for the office of Mayor, at Large, and accordingly, Jane Monday is hereby declared elected to the office of Mayor, at Large, subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. Section 2. Jim Carter received a majority of the votes cast at said Election for the office of Councilmember, At-Large Position 3, and accordingly, Jim Carter is hereby declared elected to the office of Councilmember, At-Large Position 3, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 3. William L. Hammock received a majority of the votes cast at said Election for the office of Councilmember Ward One, and accord- ingly, William L. Hammock is hereby declared elected to the office of Councilmember Ward Two, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4. Bill Knotts received a majority of the votes cast at said Election for the office of Councilmember Ward Two, and accordingly, Bill Knotts is hereby declared elected to the office of Councilmember Ward Two, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 5. Percy Howard, Jr. received a majority of the votes cast at said Election for the office of Councilmember, Ward Three, and accordingly, Percy Howard, Jr. is hereby declared elected to the office of Councilmember, Ward Three, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. 2 Section 6. Gary Bell received a majority of the votes cast at said Election for the office of Councilmember, Ward Four, and accordingly, Gary Bell is hereby declared elected to the office of Councilmember, Ward Four, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 7. City Council finds that the notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling the Election, and that said Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the Election, and in all things according to the law. Section 8. This resolution shall take effect immediately from and after its passage. APPROVED THIS 7TH DAY OF APRIL, 1987. THE CITY OF HUNTSVILLE, TEXAS o n� BY JANF AY OND , Its Mayor Attest: !R DeShaw, ity Sec etary Approved as to form: y Scott Bounds, City Attorney 3 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE- RESOLUTION NO. 87-3-(c) WHEREAS the 1986-87 Huntsville High School Hornet Basketball Team competed for the first time in the University Interscholastic League 5A Classification and played in one of the toughest districts in the entire State of Texas 15-5A; and WHEREAS the Hornet Basketball Team posted a 10 win and 4 loss record in 15-5A competition, one game out of first place, then entered the playoffs as the District's runner-up representative; and WHEREAS even with the stiffer competition of the highest classification and toughest District in the State, the Hornet Basketball Team kept alive a 69 game home win streak record which dates back over eleven consecutive seasons; and WHEREAS in route to posting these enviable and commendable records, the Huntsville High School 1986-87 Hornet Basketball Team placed four players, Monty Billard, Dexter Williams, Mike Aker, and Kirk Williams, on Post-Season All-District Teams; NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Huntsville, Texas, that the Hornet Basketball Team of Coach Jim McDaniel be commended and thanked for all of the hard work and fine play which resulted in these accomplishments and the added force to the Hornet Legend and winning tradition. UNANIMOUSLY PASSED AND AWARDED this the 17th day of March, 1987, by the City Council, City of Huntsville, to-wit the hand of the Mayor and seal of the City is hereto affixed. THE CITY OF HUNTSVILLE, TEXAS (SEAL) I By — J MONDAY, Mayor RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 87-3 Elkins Lake-COH Withdraws Consent For Incorp. 04-14-87 RESOLUTION NO. 87- 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, WITHDRAWING ITS CONSENT TO THE INCORPORATION OF CERTAIN TERRITORY KNOWN AS ELKINS LAKE SUBDIVISION. WHEREAS on February 17, 1987, the City Council of the City of Huntsville, Texas, by Resolution No. 87-1, granted its consent to the incorporation of certain territory within its extraterritorial jurisdiction; and WHEREAS on April 4, 1987, an election was held on the incorporation of that territory; and WHEREAS the result of the election by the residents of Elkins Lake Subdivision was 325 For and 335 Against incorporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The City of Huntsville, Texas finds that its consent expired with said election; and the City does further void or withdraw its written consent to the incorporation of any territory situated within the extraterritorial jurisdiction of the City of Huntsville. Section 2: This resolution shall become effective immediately upon its passage. ADOPTED by the City Council of the City of Huntsville, Texas, on this the 14th day of April, 1987. THE CITY OF HUNTSVILLE, TEXAS By i+ Jar}' onday, Mayor ATTEST: �UthShaw, City Secreary APPROVED AS TO FORM: Scott Bounds, City-Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: ® • RESOLUTION NO. 87-4 WHEREAS the Huntsville High School Mock Trial Team for 1986-87 has distinguished itself, the School and our Community in a series of University Interscholastic League competitions; and WHEREAS by winning in Regional competition in Bryan last month the Hornet Mock Trial Team advanced to Austin to State Competition against the 20 other Regional top teams from across the State; and WHEREAS as the attorneys for the team, Kara Froelich and Janet Eslick; the witnesses, Brett Kraemer, Lance King, Stacy Green and Cara Whitley, with alternates, Trang Pham and Jimmy Baker, along with Coach Don Kraemer and Team Sponsor Charlotte Smith, have devoted a great deal of time, effort and talent to a most competitive discipline; NOW, THEREFORE, BE IT RESOLVED by the City Council, City of Huntsville, Texas, that the Huntsville High School Mock Trail Team be commended and applauded for their efforts and achievements in Statewide competition representing their school and our community so capably. UNANIMOUSLY PASSED AND AWARDED this the 17th day of March, 1987, by the City Council, City of Huntsville, to-wit the hand of the Mayor and seal of the City is hereto affixed. THE CITY OF HUNTSVILLE, TEXAS (SEAL) ByJAKE i MONDAY, Mayor C� l RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: C N I n Su��c► F U F r2�Cunr i lg I E-rr. Vc�cA- ��vt i b �k P611 9eg `-4 RESOLUTION NO. 87-/5— A RESOLUTION OF THE HUNTSVILLE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, IN SUPPORT OF RETAINING THE SPECIAL ITEM APPROPRIATION TO TEXAS COLLEGES AND UNIVERSITIES WHEREAS: The Criminal Justice Center at Sam Houston State University (SHSU) in Huntsville, Texas, was established by the Texas State Legisla- ture in 1963 with the intent that SHSU and the Texas Department of Corrections would work cooperatively to establish a criminal justice program dedicated to developing undergraduate and graduate degree programs for individuals seeking careers in criminal justice; offer- ing training programs for those already working in the field; con- ducting applied research on the problems of crime and the adminis- tration of justice; and providing technical assistance to Texas criminal justice agencies; and WHEREAS: SHSU's Criminal Justice Center is now the State's primary institution for research, education, and training in criminal justice and was recently cited by professionals in the field to be among the top three such programs in the United States; and WHEREAS: Among SHSU's major accomplishments in the field of justice include construction and administration of the Criminal Justice Center; the granting of 5,404 degrees in criminal justice since 1963; the provision of training programs for thousands annually--18,346 in FY 1986; and the provision of technical assistance to a variety of criminal justice agencies; and WHEREAS: The enabling capability provided by the Special Item Appropriation permits the Center to seek grants and contracts for research and training, and during FY 1986, the Center received $673,671 in Special Item funds, enabling it to secure an additional $741,671 in grants and contracts, a return to the State of 1109 for every dollar of Special Item funds appropriated; and WHEREAS: Governor Clements' policy budget has called for the elimination of all Special Item appropriations to Texas colleges and universities; and while this proposal is not directed at the Criminal Justice Center, it would have the net effect of eliicinating all the training, research and technical assistance programs that it currently administers; and WHEREAS: The program is vital to the Huntsville economy since the Center includes 42 full time professional and staff members, and annually attracts more than a thousand academic majors and 18,000 professionals who participate in continuing education and training programs; and WHEREAS: In light of the State's current crisis in corrections, elimination or reduction of these programs is deemed short-sighted at a time when there is a critical demand for well-educated and well-trained persons to work in the field of justice; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Huntsville City Council that the City of Huntsville go on record as strongly supporting the continua- tion of the programs made possible by the Criminal Justice Center in Huntsville and that it solicits the continued support of our repre- sentatives in Austin: Senator Kent A. Caperton and Representative Allen Hightower, to continue their efforts to retain the Special Item Appropriation in the state's budget. RESOLVED AND SIGNED on this the 28th day of April, 1987. THE CITY OF HUNTSVILLE, TEXAS Jane Monday, Mayor ATTE i th DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: 1t66 L+t6-n TI'7 Wuoc(IctadS RESOLUTION NO. 87-7 RESOLUTION OF COMMENDATION "THE WOODLANDS CORPORATION" WHEREAS The City of Huntsville was recently privileged to participate in an extensive regional effort to promote the tri-county area of Montgomery, , San Jacinto and Walker as the proposed site for the Superconducting Super Collider (SSC) Project of the Department of Energy; and WHEREAS THE WOODLANDS CORPORATION, through its dynamic and progressive leadership, initiated this effort, and in a limited amount of time, ` achieved through its own special expertise the planning, organization, _ direction, guidance, production, delivery and presentation to Austin an ! excellent site proposal; and WHEREAS The City of Huntsville wishes to "salute" THE 'WOODLANDS COFPORATION for their professional leadership and dedicated teamwork which serve a- a proud model of the calibre of professional strength found in this region of the state which further attests.to this region's capability of realizing its goal to achieve an even stronger economy for all; and WHEREAS as the City of Huntsville extends this tribute to THE WOODLANDS CORPORATION, it also extends to them its sincere desire to maintain the relationships, both professional and personal, which were developed to create the united front for the SSC project so as to channel that force toward future economic development opportunities that will be mutually beneficial for all entities in the tri-county area. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that sincere commendations and salutations are extended to the leadership of THE WOODLANDS CORPORATION and its entire family of experienced professionals for a very impressive effort well done! RESOLVED AND SIGNED on this the 19th day of May, 1987. THEj ITY OF HUNTSV14LE, TEAS C u members: Ja Mond y, layor 0. Eugene arrett ` William B. Green GrJ Be] William L. Hammock J s . Carter rcy How rd, r. .� 'a y �y\� Ila G. Gaine William H. Knotts, JKJl/ RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 87-8 Assurance of Tax Abatement(Ravenwood Proj.) 08-11-87 f RESOLUTION NO. 87- 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CONCERNING AN ASSURANCE OF TAX ABATEMENT FOR THE PROPOSED RAVENWOOD PROJECT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the City Council of the City of Huntsville, Texas, has previously considered a proposal to develop the Ravenwood Project, a 150 room hotel/conference center complex with adjacent commercial and residential development; and WHEREAS the City Council desires to designate a part of the area of the proposed Ravenwood Project as a reinvestment zone pursuant the provisions of Texas Revised Civil Statute article 1066f; and WHEREAS the City Council desires to exempt from taxation a part of the value of the property in said zone for a five year period; and WHEREAS to provide such abatement the City and Developer must enter into a written agreement including provisions for: 1. listing the kind, number and location of all proposed improvements of the property; 2. access to and inspection of property by municipal employees to ensure that the improvements are made according to the specifications and conditions of the agreement; 3. limiting the uses of the property consistent with the general purpose of encouraging development during the period that property tax exemptions are in effect; 4. recapturing property tax revenue lost as a result of the agreement if the owner fails to make the improvements provided by the agreement; and WHEREAS to provide such abatement City Council must find that the improvements sought are feasible and practical and would be a benefit to the land in the reinvestment zone and to the City after the agreement has expired; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: SECTION 1: The City Secretary is hereby directed to publish notice of hearing for and against the designation of the area of the proposed Ravenwood Project as a reinvestment zone. SECTION 2: The City Manager and City Attorney are hereby directed to: (a) prepare an ordinance designating the area as a reinvestment zone; and (b) prepare an agreement consistent with the preamble of this resolution and the provisions of Texas Revised Civil Statute article 1066f. Such agreement shall generally abate all taxes for those hotel and conference center improvements included in the zone beginning January 1 of the year following completion of the improvements contemplated by the proposed agreement, and reducing the abatement by twenty percent per year for five years until there is no abatement. SECTION 3: This resolution shall take effect immediately. PASSED AND APPROVED on this the day of S T , 1987. CITY OF H"TSVILLE, TEXAS By 1, ./ Jane Monday, Mayor ST: 0 DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: -vS tgtt h-uh �-�—9 Me faCL ay w�I� b94-97 RESOLUTION NO. 87-9 WHEREAS throughout the century and a half the TEXAS DEPARTMENT OF CORRECTIONS has evolved from a log cabin penitentiary to a modern correctional facility. HUNTSVILLE has served as the headquarters and the home of the State Penal and Correctional System in Texas; and WHEREAS HUNTSVILLE and WALKER COUNTY have supported the needs of the TEXAS DEPARTMENT OF CORRECTIONS and supplied loyal employees for many generations; and WHEREAS through both good and bad economic times . . . HUNTSVILLE has supported T.D.C., extending a welcome hand and demonstrating a willing spirit of cooperation with T.D.C.; and WHEREAS now that a general economic slump has beset the State, many communities are now bidding for site consideration in order to boost their job opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that our expression of continued and loyal support to the TEXAS DEPARTMENT OF CORRECTIONS be communicated to the Board of Corrections, the Administration and Employees, along with our desire to continue always to be the home of T.D.C. and welcome host to any new facility-- maximum security unit, regional reintegration area, regional medical facility, trustee camp, or other. AND BE IT FURTHER RESOLVED that the site selection team acknowledge that HUNTSVILLE is the hub for central supply, transportation, education, entry and release processing, regional medical, reserve security needs and other support services for T.D.C.. The economic reality of long term life cost analysis of the efficiencies of proximity must be factored in HUNTSVILLE's favor in siting new units. PASSED BY UNANIMOUS ACTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, on this the 15th day of September, 1987, and attested by the hand of the Mayor and seal of the City. THE CITY OF HUNTSVILLE, TEXAS (Seal) By L JANE'MONDAY, Its Mayor RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 87-10 Nominate Dr.Dowling to W.C.Appraisal Dist. 10-06-87 RESOLUTION NO. 87-10 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, NOMINATING DR. JERRY DOWLING TO THE WALKER COUNTY APPRAISAL DISTRICT, AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS § 6.03 of the Texas Tax Code provides for the election of the Board of Directors of an Appraisal District; and WHEREAS Dr. Jerry Dowling is eligible to serve on the Board by having resided continuously in the District for over two years; and WHEREAS Dr. Jerry Dowling is not ineligible to serve on the Board because of membership on the governing body of, or employment by, a taxing unit that participates in the District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The City of Huntsville, Texas, hereby nominates Dr. Jerry Dowling as a candidate for a position on the Board of Directors of the Walker County Appraisal District. Section 2: This nomination was made in open meeting at a regularly scheduled meeting of the City Council of the City of Huntsville, Texas, posted in compliance with the Texas Open Meetings Act. Section 3: Mayor Jane Monday, the presiding officer of the City of Huntsville, Texas, is hereby authorized and directed to submit the name of the City's nominee to the Chief Appraiser of the Appraisal District on or before October 15, 1987. Section 4: This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED on this the 6th day of October, 1987. CITY OF,HUNTSVILLE, TEXAS By - Jane onday, Mayor EST: /' h DeShaw, City Secretary APPROVED AS TO FORM: J�L,6� Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: YI1 ►5C . �-��I-�s e�t�ct�i�e, �t�rS�rn- h�,�V-rs�c�c. �1�e� ('c~z�e�,C RESOLUTION NO. 87—11 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY 1988 BE IT RESOLVED, by the Mayor and City Council of fl(1K;-, ;uIl_1-k , Texas, thatwAP� r, be, and is hereby, designated as its , representative to the General Assembly of the Houston-Galveston Area Council for the year 1988. FURTHER, that the Official Alternate authorized to serve as the voting dele- gate should the hereinabove named delegate become ineligible, or should he resign, is TO,N\�5 L CARTER THAT, the Executive Director of the Houston-Galveston Area Council be noti- fied of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the 2 LTH day of r-�C-- R R 1987. APPROVED: I Mayor ATTEST: BS: RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: PSc�c�tr n XT r z Amehdmen4- 0. 1�, vetfffti 9 -kTrl heAro RESOLUTION NO. 87-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ENDORSING AMENDMENT NUMBER 17 RELATING TO TORT REFORM. WHEREAS Senate Joint Resolution 26 (Amendment 17) passed by the 70th regular session of the Texas Legislature was an integral part of the Texas Municipal League backed tort reform package; and WHEREAS Amendment 17 would authorize the legislature - not the courts - to define the "governmental" and "proprietary" functions of Texas cities that define their municipal liability exposure; and WHEREAS without the passage of Amendment 17 the structure of tort reform for Texas cities can be undone; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The City Council encourages all the residents of the City to vote at the election to be held on November 3, 1987. Section 2: The Council encourages all residents of the City to vote for Amendment Number 17: a constitutional amendment authorizing the legislature to define for all purposes the governmental and proprietary functions of a municipality. Section 3: This resolution shall take effect immediately upon passage by City Council PASSED AND APPROVED THIS _;Z,/7, DAY OF [O ; 7z 1987. THE CITY OF HUNTSVILLE Jane Monda , Mayor ATT 7 De haw, City yJ2Secretary APPROVED AS y, Scotttt-�/.BBoou�In,\ddss, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: RgwLqvl WojeV Clem. �r�flS Ib-�-7-V7 RESOLUTION NO. 87-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ENCOURAGING VOTER SUPPORT OF AMENDMENT NUMBER 23 - ADDITIONAL WATER DEVELOPMENT BONDS. WHEREAS the 1987 Texas Legislature enacted several laws as part of the "Build Texas" program; and WHEREAS there is a severe shortage of operating revenue at the state and local levels and a decreasing level of federal involvement in water projects; and WHEREAS amendment 23 to the Texas Constitution on the November 3 ballot would permit the Texas Water Development Board to issue $400 million in bonds to finance water supply projects, water quality projects, and flood control projects; and WHEREAS such bonds have assisted the City of Huntsville and other local governments and saved the taxpayers moneys; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The City Council encourages all voters of the City to vote for amendment number 23, the constitutional amendment to authorize the issuance of an additional $400 million of Texas Water Development Bonds for water supply, water quality, and flood control purposes, on the November 3rd ballot. Section 2: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this 2 r/-rh day of O Gi�rptiF(- , 1987. THE CITY OF HUNTSVILLE 1{ l ' By: 4�c Jane Monday, Mayor ATTEST: / h DeShaw, City Secretary APPR`OYED ASXOR__ : 1� / Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 87-14 Telephone Franchise Study Committee 10-27-87 RESOLUTION NO. 87-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE , TEXAS, APPROVING PARTICIPATION IN THE TELEPHONE FRANCHISE STUDY COMMITTEE; AND DECLARING AIN EFFECTIVE DATE. WHEREAS, the City is authorized by statute to require a telephone utility company using the city easements and right-of-way to obtain a grant of a franchise from the city and to pay a reasonable franchise fee for the use of such easements and rights-of-way; and WHEREAS, the City is authorized to apply the franchise fee to all of the gross revenue of the telephone company; and WHEREAS, the City has a public responsibility to protect the public rights-of-way and easements and to require the telephone company to assume certain duties and responsibilities regarding such easements and rights-of-way by means of reasonable terms and conditions in a franchise ordinance; and WHEREAS, the Telephone Franchise Steering Committee will share information, regarding current negotiations, develope a model ordinance with explanatory notes, and obtain special utility legal counsel to provide information regarding the legal rights and remedies of the cities; and WHEREAS, a fee based on 1/2 cent per capita, but not to exceed $1,000.00, is found to be a reasonable fee; NOW, THEREFORE, BE IT RESOLVED BY ThE CITY COUNCIL OF THE CITY OF HUNTSVILLE , TEXAS: Section 1. That the participation by the City in the Telephone Franchise Study Committee is hereby approved and authorizing payment of the participant fee for the purposes stated in the preamble. Section 2. That this resolution shall be effective when adopted. The foregoing resolution was read and adopted on the 27th day of OCTOBER , A.D., 1987, by the following vote: VOTES IN FAVOR: 8 VOTES OPPOSED: 0 MEMBER ABSENT: 1 Approved the 27th day of Odtober A.D., 1987. ' Mayor i Jane Monday ALFEST. Secretary uE: a aw APPROVEq AS TO FORM• (/ Cit Attorney 91COtt Boun S 2R-100 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 87-15 Candidates B.O.D.For W.C.Appraisal District 11-10-87 RESOLUTION NO. 87-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DETERMINING THE VOTE OF THE CITY COUNCIL FOR CANDIDATE(S) TO THE BOARD OF DIRECTORS OF THE WALKER COUNTY APPRAISAL DISTRICT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS section 6.03 of the Texas Tax Code provides for the nomination and election of a board of directors for appraisal districts; and WHEREAS the governing body of each taxing unit entitled to vote shall determine its vote by resolution and submit it to the chief appraiser of the appraisal district before November 15; and WHEREAS the governing body may cast all its votes for one candidate or distribute than among candidates for any number of directorships; and WHEREAS a copy of the official ballot is attached hereto; and WHEREAS in 1987 the City of Huntsville has 953 votes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF HUNTSVILLE, TEXAS, that Section 1: The City Council of the City of Huntsville, Texas hereby casts its votes for the Walker County Appraisal District Board of Directors, as follows: CANDIDATE VOTES For: John Amick 136 Fred Cherry 136 Jerry Dowling 137 Ralph Lawson 136 Robert Oliphant 136 J.S. Robinson 136 Joyce Robinson 136 953 Section 2: the mayor is hereby authorized and directed to execute the official ballot of the City and to deliver its votes to the Chief Appraiser before November 15, 1987. Section 3: this resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this lr%7�4 day of 1987. THE CITY OF HUNTSVILLE By: j Jane onday, Mayor ATTEST: Lalz ; I)CGLI Rvth DeShaw, City Secretary AP �ROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 87-16 Police-Designate City Autos as Unmarked 11-10-87 RESOLUTION NO. 87-16 A RF'ZOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DESIGNATING CERTAIN CITY-OWNED VEHICLES AS UNMARKED VEHICLES; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS Tex. Rev. Civ. Stat. art. 6701m-2 generally requires all city owned vehicles to be clearly marked; and WHEREAS state law permits the governing body of a city to designate motor vehicles used by the police for purpose of performing official duties to be unmarked; and WHEREAS the State Department of Highways and Public Transportation requires that the designation of unmarked motor vehicles be made by resolution describing the motor vehicle; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1: The following vehicles used by the police department of the City of Huntsville, Texas, for the purpose of performing official city police duties are hereby designated as unmarked vehicles: YEAR MAKE SERIAL NUMBER 1982 Ford 1FABPZIB7CK100532 1982 Ford 1FABP2631CG114236 1985 Ford 1FABP3933FA163396 1985 Ford 1FABP3933FA117356 1982 Dodge 2B3BG26E8CR161405 1981 Dodge IB3BR47KOBA118481 1985 Dodge 1B3BD26D8GC199506 Section 2: The City Manager and Purchasing Agent are hereby authorized and directed to execute any and all forms necessary to receive license plates for these vehicles that do not indicate the vehicles are owned by a government agency. Section 3: This ordinance shall take effect immediately upon passage by City Council. PASSED AND APPROVED this _zn�& day of , 1987• THE CITY OF HUNTSVILLE By: J e Monday, Mayor ATTEST: DeShaw, City Secr ary APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: -7 &V}1ML YVIT�j DAY'-UPrh'&? 1- PU M9 RESOLUTION NO. 87-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Huntsville desires for develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low/moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interest of the City of Huntsville for funding under the 1987 Texas Community Development Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: 1. That a Texas Community Development Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Texas Department of Community Affairs. 2. That the City's application be placed in competition for funding under the Community Development Fund. 3. That the application be for $331,614 of grant funds to carry out sanitary sewage facility construction. 4. That the City Council directs and designates the Mayor as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program. 5. That it further be stated that the City of Huntsville is committing $82,462.00 from its water and sewer fund as an in-kind cash contribution toward the construction activities of this sanitary sewerage project for a total project cost of $414,076.00. Passed and approved the St day of l)Er'EMRFK, 1987. THE CITY OF HUNTSVILLE By: Jane Monday, Mayors 1w4�y APPR ED AS TO FORM: / Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: '�Y,uicm 1-1 -ITS pp �^ �rQ�5fe4� �l a{r*rloAC5 O �IIl ,e ods ft 1�-0-�� RESOLUTION NO. 87- 1V6 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, CONCURRING WITH THE TRANSFER OF MUNICIPAL FUNCTIONS FOR THE MAINTENANCE OF BIRTH AND DEATH RECORDS TO THE COUNTY, AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS by Texas Revised Civil Statute article 4477, section 15, the transfer of the municipal function of the maintenance of birth and death records to the County was authorized; and WHEREAS the City of Huntsville has a population greater than 2,499 persons, according to the most recent Federal census, and is the county seat; and WHEREAS the County Clerk of Walker County has attested in writing that he is able by way of resources and finances to assume the added responsibilities such transfer would impose; and WHEREAS the Commissioners Court of Walker County has adopted a resolution in support of said transfer on December 31, 1987; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The municipal function of maintenance of birth and death records, and concomitant duties imposed by law, are hereby transferred to the County of Walker. SECTION 2: The City Manager and City Secretary are hereby directed to make such transfer in an orderly fashion on December 31, 1987. SECTION 3: This resolution shall take effect immediately. 7 PASSED AND APPROVED on this the iday of � , 1987. CITY OF HUNTSVILLE, TEXAS A By Z /iYj ;Czti Jane Monday, Mayor ATTEST: � eSha�Ci &ecr.taryL// APPR\ AS TO FORM: ca oun s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: �2SlSl{,itictn, b�—I� -2C�b9Y1,t2�s gevv i @� R=SCILUTTOi`I NO. 87-18 2 WHEREAS for a combined total of thirty years, J.C. Loving has been an employee of the City of Huntsville ane v plans his retirement from said P%municipal Corporation, and WHEREAS while working as an 4mployee of the Police andUtility Departments during his tenure he as also been a member of the e Fire Department on a volunteer and part time basis, and in tile arid ire WHEREAS 'Department areaszfhave generatedaad respect Land admirationyaF Mr. Lovin 's mong his fellow workers and firemen that is seldom equaled, and WHEREAS his contributions to his community and fellowman throughout his life of service with the City are for too numerous to list but are none-tile-less genuine and worthy of note. NO14 THEP.EFORE, BE IT RESOLVED 8Y 7HE CITY COUNCIL, CITY OF HUNTSVILLE, TEXAS that ?,',r. J.C. Loving be recognized for his career of service to his community and congeafusa7�cd upon his retirement with best wishes for many happy years o. crap; and hunting in the lakes and vroods around the City he loves. Unanimously passed and approved the the 15th day of December 1987 and to attest are placed the hands of City Council and the seal of the City. Jan, Monday, Mayor Councilman Ward Councilman At Large Councilman 4iard IF Councilman At Largz Councilman Ward III Councilman At Large Councilman Ward IV Councilman At Large e' N i RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 88-1 Setcic Contract-COH&Harris County 01-12-88 RESOLUTION NO. 88-1 A RESOLUTION AUTHORIZING EXECUTION OF SETCIC CONTRACT BETWEEN THE CITY OF HUNTSVILLE AND HARRIS COUNTY. WHEREAS the City Council of the City of Huntsville, Texas, has considered an agreement to implement a computer system known as the Southeast Texas Crime Information Center ("SETCIC"); and WHEREAS the City Council desires the City of Huntsville to fully participate in that program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The Mayor is authorized and directed to execute an agreement for services of SETCIC, between the City and the County, said agreement being incorporated herein by reference for all purposes. Section 2: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this day oftCI 1988• HUNTSVILLE Ja ' Monday, Mayor ATTEST- Ci Ci y Wecr.t 4r APPROVED AS TO FORM: Sco t Bo nd , City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 88-2 Canvassing Election Returns of 01-16-88 01-26-88 RESOLUTION NO. 88-2 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 16TH DAY OF JANUARY, 1988, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR AT LARGE POSITIONS; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS, pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 19th day of January, 1988, proceeded to canvass the returns of the Regular Municipal Election held in the City on the 16th day of January, 1988, for the purpose of electing a Mayor; and WHEREAS said Election was held under and pursuant to the provisions of Ordinance No. 87-31 calling said Election; and WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at the Election were as follows: FOR COUNCILMEMBER AT-LARGE, POSITION ONE 0. EUGENE BARRETT................... 195 WRITE-INS .......................... 13 FOR COUNCILMEMBER AT-LARGE, POSITION TWO ILA G. GAINES....................... 197 WRITE-INS........................... 8 FOR COUNCILMEMBER AT-LARGE, POSITION THREE JIM CARTER.......................... 188 WRITE-INS........................... 6 FOR COUNCILMEMBER AT-LARGE, POSITION FOUR BILL GREEN.......................... 188 WRITE-INS........................... 10 AND WHEREAS the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest has been filed with said Council or instituted in connection with said Election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. 0. Eugene Barrett received a majority of the votes cast at said Election for the office of Councilmember At-Large, Position One, and accordingly, 0. Eugene Barrett is hereby declared elected to the office of Councilmember AT-Large, Position One, subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. Section 2. Ila G. Gaines received a majority of the votes cast at said Election for the office of Councilmember At-Large, Position Two, and accordingly, Ila G. Gaines is hereby declared elected to the office of Councilmember At-Large, Position Two, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 3. Jim Carter received a majority of the votes cast at said Election for the office of Councilmember At-Large, Position Three, and accordingly, Jim Carter is hereby declared elected to the office of Councilmember At-Large, Position Three, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4. Bill Green received a majority of the votes cast at said Election for the office of Councilmember At-Large, Position Four, and accordingly, Bill Green is hereby declared elected to the office of Councilmember At-Large, Position Four, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 5. City Council finds that the notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling the Election, and that said Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the Election, and in all things according to the law. Section 6. This resolution shall take effect immediately from and after its passage. APPROVED THIS 26TH DAY OF JANUARY, 1988. THE CIITY OF HUNTSVILLE, TEXA�' By 1 , /'cel/. . JANE MOvzeNDAY; Its Mayo Atte / -� -GZ/ v h DeShaw, Ci y Secretary App o�veddasFLtto four/m: Scott" Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 88-3 Grant Authority-Tx.Community Dev.Prog. 02-09-88 RESOLUTION NO. 88-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Huntsville desires for develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low/moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interest of the City of Huntsville for funding under the 1987 Texas Community Development Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: 1. That a Texas Community Development Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Texas Department of Community Affairs. 2. That the City's application be placed in competition for funding under the Community Development Fund. 3. That the application be for $331,614 of grant funds to carry out sanitary sewage facility construction. 4. That the City Council directs and designates the City Manager as the City's Authorized Representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program. 5. That it further be stated that the City of Huntsville is committing $82,462.00 from its water and sewer fund as an in-kind cash contribution toward the construction activities of this sanitary sewerage project for a total project cost of $414,076.00. Passed and approved the day of 1988. THE CIT OF SVILI,E By: G Pipes, Ci anager uth eShaw, Cityity Se�� APP V,D ASO ORM: Stiatt Boun s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: • • RESOLUTION NO. 88-4 IN MEMORIAM NORMAN B. "CHICK" DAVIDSON, P.E. 1900-1988 WHEREAS: It has been said that the measure of a man's life is the service rendered to mankind; and WHEREAS: The service rendered to his fellowman throughout the life of Mr. "Chick" has covered the spectrum of the engineering profession from the aesthetic: parks, playgrounds and landscapes, to the functional: streets, utilities, subdivisions and buildings; and WHEREAS: "Mr. Chick" rendered his services world-wide through military service in World War II, the Pacific Theater, to his state, the East Texas region, and most especially, to his hometown . . . Huntsville; and WHEREAS: The list of accomplishments on behalf of his community as City Engineer and consultant from 1952 to the time of his death, February 13, 1988, is far too long to enumerate; his services far too valuable to compensate; and his abilities too renowned to properly enunciate; it is altogether fitting and proper that the City he served so well and for so long should acknowledge his .life and his passing; NOW, THEREFORE, BE IT HEREBY RESOLVED that the Mayor and City Council of the City of Huntsville, Texas, do pause in its continuing work to remember the life, the contributions, and the man that was "Mr. Engineer" in the City of Huntsville. We honor his memory with our thoughts and sincere expression of sympathy to his family and friends. We are all the richer and more comfortable in our quality of life for the life and service of "Mr. Chick." DULY PASSED AND APPROVED by unanimous vote on this the 23rd day of February, 1988, in testimony of which is hereby affixed the hand of the Mayor and the seal of the City of Huntsville. THE CITY OF HUNTSVILLE, TEXAS JANE MONDAY, 'MAYOR RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 88-5 Signal Lights at FM 1374&1-45 E&W Rds. 03-15-88 e COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER DIRECTOR R.E.STOTZER.JR. ROBERT H.DEDMAN,CHAIRMAN AND PUBLIC TRANSPORTATION JOHN R.BUTLER.JR. P. O. BOX 3249 RAY STOKER,JR. Bryan, Texas 77805-3249 April 11, 1988 IN REPLY REFER TO Honorable Jane Monday Mayor, City of Huntsville 1212 Avenue M Huntsville, Texas 77340 Dear Mayor Monday: Attached for your information and files is a fully executed copy of the Traffic Signal Agreement for the installation of traffic signals at the intersections of FM 1374 with IH 45 East and West Frontage Roads in the City of Huntsville. Plans, Specifications and Estimates are being prepared for a contract letting for installation of these traffic signals. If we can be of further assistance, please advise. B W. J. Byford, P.E. District Maintenance Engineer District seventeen BRV:nr Attachments cc: Mr. Allan Pritchard STATE OF TERAS f COUNTY OF TRAVIS S pp This AGREEMENT, dated this /r day of �'��/. (7 , 19 OJ by and betveen the State of Texas, hereinafter called the "State," Party of the First Part; and the City of Huntsville Walker County, Texas, acting by and through its duly authorised officers under an Ordinance/Resolution, passed the /5-�day of�, 19Z hereinafter called the "City," Party of the Second Part, is made to become effective when fully executed by both parties. W I T N E S S E T H WHEREAS, the City has authorized the installation, operation, and maintenance of highway traffic signal(s) byXO3XUn9=M/Resolution, passed on the �day of /Vold , 19,4j , at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof; WHEREAS, the State under the provisions of the Texas Register Title 43 TAC 23.5, has authority to install, operate and maintain traffic signals on freeway type highways in all cities and on other highway routes in cities of less than 50,000 population (latest Federal Census); and WHEREAS, the City has a population of xmmx/less than 50,000 population according to the latest Federal Census; and WHEREAS, the State wishes to cooperate with the City in the installation of the traffic signal(s) at the location(s) shown in EXHIBIT 1: A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreekents of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: AGREEMENT (TRAFFIC SIGNAL - TYPE 1) 1-3 8-87 r 1. The State will furnish the necesaary funds for the actual construction, prepare plans and specifications, install said highway traffic signal(s), supervise construction, and upon completion of construction, will furnish the power and operate and maintain ■aid highway traffic signal(s). 2. The City hereby consents to the construction of the highway traffic signal(#) shown on EXHIBIT 1 by the approval of the location and manner of construction as shown on the plans and described in the specifications. 3. The City will exercise no control whatsoever over the operation, maintenance, use, or existence of the highway traffic signal(a) without written authority from the State Department of Highways and Public-Transportation. 4. The State shall have the authority to sake such changes in the design and operation of the highway traffic signal(s) as it may deem necessary and advisable to promote the safe, convenient, and orderly movement of traffic. 5. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 6. In the event the signal(s) installed in accordance with this Agreement become unnecessary or are removed for any reason, this Agreement shall terminate. 7. The State will not incur any financial obligation to the City as a result of this Agreement. AGREEMENT (TRAFFIC SIGNAL — TYPE I) 2-3 8-87 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in triplicate on the dates show hereinbelow. Executed on behalf of the City, this p p qday of /limb(A 19,QO r ATTEST: cretary for City Mayor THE STAT 8 OF TEZAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the State Highway and Public Transportation Commission: APPROVED: By: Chief Engineer of Sa ety and Maintenance Operations DATE: AGREEMENT (TRAFFIC SIGNAL - TYPE I) 3-3 8-87 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Huntsville SECTION I. That the certain agreement dated/v",rl /5/jj'd between the State of Texas and the City of Huntsville for the installation, construc- tion, existence, use, operation, and maintenance of certain highway traffic signals/illumination at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Huntsville be and the same is hereby approved, andMrnrQ, Mn� is hereby authorized to execute said contract on behalf of said city and to transmit the same to the State of Texas for appropriate action. SECTION 2. That this Resolution shall take effect immediately upon its passage. ADOPTED:_ /1)arch APPROVED:_ /y/��j /!j rAlf Mayor 7- ATTE Secretary City Clerk APPROVED AS TO FORM: J(/�J City Attorney RESOLUTION (TRAFFIC SIGNAL/ILLUMINATION) 11-84 1-1 t STATE OF TEXAS COUNTY OF walker 1, IR UI Y\ J �Skq(o the duly appointed, qualified and acting city secretary of the City of Huntsville Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance/resolution duly passed by the City Council at a meeting held on bapC_\ 1,5 , A.D., 1938, at 7.00 o'clock�_M. To certify which, witness my hand and seal of the City of Huntsville Texas, this_/ / qday of /,d/j , 19��, at Texas. 6� ecre a y o the City of / Texas EXHIBIT 1 Location(s) Intersections of FM 1374 with IH 45 'East and West Frontage Roads. EXHIBIT I includes sheets 1-4 showing fully actuated signals interconnected at the above intersections. Exhibit 1 f- . .. - •.• 5 •. II� 5•-5- �.<...,, BILL OF REINFORCEMENT W. 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(G[E5L1•.3 StC.) —TO 1P11.,w;NS'(TY.RU{.PIC.tr. �n�]wf04p C.t`I'a r5 6 SOL eL—� —241 25 IOL C As I E --� IJP 2]_230 t/ HPS �E3T'( T L_..P C[ M1 29_J{TRIO 9 5 - En. r 2 30:'/Cc"I�1 A_IGscwa Vt�:S � l:F. _('2510- I �tlis[z'3521 =1.€. Gado °-i`f—=z.r.;a'-It—ss,-r.'.. R —41 I.4,L s.[C 10 OS IRbfll[ U-3 - TC 121 S L!n --' PCSFC I!N[CSRNL CCCRC N1iLe CwR •^--,11620 _.J •i J 4(IDNS,m,IIxPS.LntT (— TnCS(PIY5L5—"Jullrs[N uS cxlD TO TR Cu1pIIfIR tlii:J ARt.`CS rrf(C•J(n']CNA:S iN(2R•:uP:.N FCR 1 I nsIrE.1 0 r. I r CLATICN V F i.R�A:S0x4ts 4':C NOT f0 8C"CO I eiu TI! try 45 Wesr F—IAO,Rem?FM 137, IH 45 EAV TRcxrr..Reao[,FM 137.1 In 45 Cf R. YI1NCUCt SICDCxCC -'F SIG.vdl 1 _2 ] 4 ]_ b S14N11 1 R J 4 5 _E__ IV 2 L Y P 2 L 4 G I Y XSU R WDi11FD _ (0'i J CB_Ix_S:1 G Y R R R J tliIIPU L --N I— P Y N SHEET 2 of 4 DiStl'lllAtl R P R 4 Y 4xe 1550 II Rx R R R R G SC 1L CFitI EF( ]uNIRA-r1 NII N _q--R R---4 -Y_ SwB15PPl R 2 R0 1114$w(P _ I_ _. _ Iu43 LFR I L �.-.�.. r. l •�v:i . NOTES: - me[.t.uvn) , � [n,l.,.,oa:uvyry/•a.� rez [ limy.aMkIYwM FaAn.,,g ^N.eiL.: '" . - ..... .. � a,e leop_.__gT TIT— Z Ir'12 � 2(sll �+Ii,LSar,d 29 an,eganN l:n[.�.u{,nt ? 4 �I� 6�c:�, �� •�` Ma uyluto itl++wlb,Mnl un,:knl,a W.1•+ [ �, ve'S�' I.4+Imlcn.L+,d:l rvn Mlv+u pu buea:i,,f E9,29 U, 3 � � ,a-L)�1910 pd,al paint^A•enimbple of p.:nlae,e Nn o.e2 v+[ lac, i� - eyWnd Fv Me u;afln8;num;nallw,. � I C - 1R,IIs..bcalo.n za alull Ce eslabl;and ahe l4 a�-n.g nu x,«n.rr.,u..w�c+ I`y� dcl ub4 kMe;11.n.,Jan y,lhmlhe Eaa)F.o.layc p.::J. [..e,_,..<. N i I J I `�• M[en,,eeta.al,en.ylrte iha L.Il.p A'vG 46�1n Nie SUF J —� ,fie ' C \�c'gC�xrilfo�vnv luN2[�Rt TeC rr"., rll CEETTAIL-B+ ,c S•i �v'9Bn.ws.n,—[�T`t�¢.n 1•�#1 io[c.wn(o,rl Ac�-- ---�`+,,a'\`';+__=r �"n\\\.\51 . 0e ro .. , :I .' �a , _ ` I __ 1 I: •,I 4 I I It ., .e, •3'{II t I I DETAI�•A.c � ,.:� �y y L'a(_-�? r � nw�uca x,e�'ac azem ric •.- EIoJ I rs . FI PRDP-LZ DZ1A LA:OUT;HEFT �1+-`+ -'.�INTiiS-CTkYS CF 14i CNESTFCC;R ;.�. SHEET 3 of 4 � }'r,+;.WIi4 PM ISW uI tlI`NT bV!US�:LIE JExAS"d'!kELkl Q�[ I I Ms's I I I� 4 I _ _ J C � � rua.ouceu i SHEET 4 of 4 CONDITION DIAGRAM CONDITION DIAGRAMr G7NDITIOU DDIAGRAM SHEET ]NTERSECTIEN OF I45 WEST FRONTAGE ROA) INTERSECTION OF I45 EAST FRONTAGE ROA) 'AND FM 1314 AN)FM 1319 H RVI ,T-c A5—WAIKER CO. HUNTSVILU,_�AS^-WAIY.ER CO. �';7= RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 88-6 Alcohol&Drug Abuse Task Force 05-10-88 RESOLUTION NO. 88-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, CREATING THE HUNTSVILLE ALCOHOL AND DRUG ABUSE TASK FORCE; AND MAKING VARIOUS FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the City Council of the City of Huntsville is concerned about the use and abuse of alcohol and drugs in the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The Mayor is hereby authorized and directed to appoint a Huntsville Alcohol and Drug Abuse Task Force. Section 2: The Task Force shall: - identify the concerns of citizens regarding alcohol use/abuse and drug use/abuse; - determine the extent of alcohol use/abuse and drug use/abuse; - identify all elements within the community which deal with matters related to alcohol and drug use/abuse; recommend programs to solve or mitigate alcohol use/abuse and drug use/abuse generated problems within the community; - recommend methods to coordinate existing resources and programs related to the alcohol and drug use/abuse issues. Section 3: The Task Force is directed to making its findings and recommendations in writing, and to present them to City Council when completed. Section 4: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this /0-rb/0-rday of /"//�y 1988. THE C TY OF HUNTSVILLE By: J ne Mon ay, Mayor ATTEST: �Sec,.t�ary � 'ut DeShaw, Ci APPR/V�E,,�AS d ORM: \ W --� Scott Boun s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 88-7 Four Lane Improvement-Hwy 19 06-07-88 RESOLUTION NO. 88-7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TERAS ENDORSING THE FOUR LANE IMPROVEMENT OF STATE HIGHWAY 19 WITHIN AND ACROSS THE STATE OF TEXAS WHEREAS: The Highway 19 Improvement Association has requested that all cities along the route from Huntsville in Walker County to Paris in Lamar County consider an endorsement of an improvement project for State Highway 19 from its present status to that of a four lane, preferably divided, highway along its length; and WHEREAS: Such improvement, with necessary realignments, structures, bypasses and other features, would assure a first class highway facility beneficial to the communities it would serve and the general motoring public, both intrastate and interstate; NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Huntsville, Texas, that we earnestly solicit the approval of the State Highway Commission and pledge our cooperation in every way possible. DULY PASSED AND ADOPTED by unanimous vote on this the 7th day of June, 1988 and to attest to which is affixed the official seal of the city and the signatures of the Mayor and City Councilmembers. THE CITY OF HUNTSVILLE, TEXAS MAYOR JANE MONDAY COUNCILMEMBER O. EUGENE BARRETT COUNCILMEMBER WILLIAM B.GREEN COUNCILMEMBER GARY BELL COUNCILMEMBER WILLIAM L. HAMMOCK COUNCILMEMBER JAMES L. CARTER COUNCILMEMBER PERCY HOWARD, JR. COUNCILMEMBER ILA G. GAINES COUNCILMEMBER WILLIAM H. KNOTTS JR. ATTEST: APPROVED AS TO FORM: RUTH DESHAW, CITY SECRETARY SCOTT BOUNDS, CITY ATTORNEY RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 88-8 911 Authorization-H-GAC 08-02-88 RESOLUTION NO. 88-8 WHEREAS: The single 9-1-1 emergency number can replace all seven digit numbers required for emergency response and provide instant access to ambulance, fire fighters or law enforcement; and WHEREAS: Developments in technology have provided the means for needed information such as location and call back number to be available automatically to emergency responders once 9-1-1 is dialed; and WHEREAS: The 69th Legislature of the State of Texas re-enacted and amended Article 1432f, Vernon's Texas Civil Statutes, to provide for the statewide emergency telephone number service and authorized the imposition of fees for its implementation up to .50 per month per local access line; and WHEREAS: The Legislature empowered regional councils with the authority and responsibility of developing a plan for the establishment and operation of 9-1-1 services throughout their respective regional planning commission service area; and WHEREAS: The Houston-Galveston Area Council, which serves the thirteen County Gulf Coast Planning REgion, will be serving the capacity described by the Legislature. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the power vested in me as the Mayor of the City of Huntsville, that: 1. The City of Huntsville will participate in the Houston-Galveston Area Regional 9-1-1 Plan. 2. The Mayor is authorized to appoint three representatives to the County Coordinating Committee, one each representing law enforcement, fire and emergency medical services. UPON MOTION DULY MADE, SECONDED AND CARRIED the above Resolution was PASSED AND APPROVED on this the 2nd day of August, 1988. THE CITY OF HUNTSVILLE, TEXAS i JANE'MONDAY, MAYOR s t DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 88-8 Unmarked Vehicles 08-23-88 RESOLUTION NO. 88-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS Tex. Rev. Civ. Stat. art. 6701m-2 generally requires all city owned vehicles to be clearly marked; and WHEREAS state law permits the governing body of a city to designate motor vehicles used by the police for purpose of performing official duties to be unmarked; and WHEREAS the State Department of Highways and Public Transportation requires that the designation of unmarked motor vehicles be made by resolution describing the motor vehicle; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The following vehicles used by the police department of the City of Huntsville, Texas, for the purpose of performing official city police duties are hereby designated as unmarked vehicles: YEAR MAKE SERIAL NUMBER 1986 Dodge 1B3BD26D8GC199506 Section 2: The City Manager and Purchasing Agent are hereby authorized and directed to execute any and all forms necessary to receive license plates for these vehicles that do not indicate the vehicles are owned by a government agency. Section 3: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this L.3/' day of r 1988• THE CI TY OF HUNTSV LICE By Ja Monday, Mayor EST: Ruth DeShaw, City Secretary AP RAVED AS T0� Scott Bou1nds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: h/ all( Z J" J I September 29, 1988 Mr. Joel Jeffcote Manager Gulf STates Utilities 1210 10th Street Huntsville, Texas 77340 Re: Resolution No. 88-9 Endorsing CAM Program Dear Mr. Jef£cote: In formal City Council action of September 27, 1988, the captioned resolution was unanimously adopted endorsing and supporting the Community Assessment Marketing Program and authorizing the City Manager and employees to cooperate in the community self-analysis. A copy of the resolution is enclosed for your information. The Mayor and Council are appreciative of your efforts in this regard and for your presentation and explanation of how the program will be conducted in our community. The city staff looks forward to participating and contributing to the success of this program. Sincerely, Ruth DeShaw City Secretary Attachment CORRECTION This Document Has Been Rephotographed To Assure Legibility. Microfilming Target RMD 210(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized. RESOLUTION NO. 88-9 A RESOLUTION OF THE HUNTSVILLE CITY COUNCIL ENDORSING AND SUPPORTING THE COMMUNITY ASSESSMENT MARKETING PROGRAM AND AUTHORIZING THE CITY MANAGER AND EMPLOYEES TO COOPERATE IN THE COMMUNITY SELF-ANALYSIS WHEREAS: CAM is a community self-analysis, planning and marketing program designed for towns and cities; and WHEREAS: the program's contents and procedures provide for a broad based involvement of elected and appointed municipal officials, city employees, leaders and citizens of the community; and WHEREAS: an analysis of community facilities, services and functions, and a selecting of goals and objectives are the two major components included in the program. CAM objectives are the two major components included in the program. CAM objectives are to provide a comprehensive and systematic analysis of community management practices and activities; to provide for evaluating the adequacy and quality of each community facility, service and function; and to provide a method for community leaders and officials to establish priorities for community growth and development. NOW, THEREFORE, BE IT HEREBY PROCLAIMED that the Huntsville City Council endorses and supports the Community Assessment Marketing Program and authorizes the City Manager and employees to cooperate in the community self-analysis, and, further, the citizens of Huntsville are urged to support the effort. RESOLVED on this the �r-JJday of , 1988. THE CITY OF HUNTSVILLE, TEXAS JANE MONDAY, MAYOR ATTEST: r DeShaw, City Secretary September 29, 1988 Mr. Joel Jeffcote Manager Gulf STates Utilities 1210 10th Street Huntsville, Texas 77340 Re: Resolution No. 88-9 Endorsing CAM Program Dear Mr. Jeffcote: In formal City Council action of September 27, 1988, the captioned resolution was unanimously adopted endorsing and supporting the Community Assessment Marketing Program and authorizing the City Manager and employees to cooperate in the community self-analysis. A copy of the resolution is enclosed for your information. The Mayor and Council are appreciative of your efforts in this regard and for your presentation and explanation of how the program will be conducted in our community. The city staff looks forward to participating and contributing to the success of this program. Sincerely, Ruth DeShaw City Secretary Attachment RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 88-10 Good Roads Amendment-Proposition 1 09-27-88 - RESOLUTION NO. 88-10 the GOOD ROADS AMENDMENT Proposition 1 Whereas, Texans pay a 99 a gallon federal fuel tax into the Federal Highway Trust Fund,a user fee which is then apportioned to the state to acquire, construct and maintain their highways; Whereas, Texas receives approximately$800 million a year from the Federal Highway Trust Fund; Whereas, these federal funds pay for building over half our Texas highways; Whereas,since 1917 when federal highway funds were first given to the states, Texas has used 100%of these funds exclusively for its roads and bridges; Whereas,federal highway funds are returned to reimburse us for spending constitutionally dedicated Texas state highway user fees; Whereas, it has recently been suggested the federal highway reimbursements should be diverted to other unspecified purposes; Whereas,such a diversion of dedicated highway funds would cripple the state's highway maintenance program, end its long-term planning, and cancel critical new road projects, including many in our area; Whereas, using federal highway reimbursements for purposes other than our roads would violate the public trust by breaking the government's pledge that those who use the highways should pay for their construction and maintenance; Whereas,protecting the substantial investment in our highways and improving them will help encourage economic growth and create jobs in Texas; Whereas, Texas voters can guarantee this unnecessary raid on our dedicated highway funds never takes place by voting for Proposition 1, the GOOD ROADS AMENDMENT to the Texas Constitution, in this November's Presidential election; Whereas,Proposition 1 appears at the end of the ballot as "The constitutional amendment and/or clarification providing that federal reimbursement of state highway dedicated funds are themselves dedicatedfor the purpose of acquiring rights-of-way and constructing,maintaining and policing public roadways." Now, Therefore Be It Resolved, we support Proposition I to insure dedicated federal highway funds received by Texas are spent only for their intended purpose of improving our highways,and Be It Further Resolved, we call on all Texans to join us and every statewide elected Texas official in approving Proposition I and we pledge our best efforts in encouraging all Texans to vote"FOR" Proposition 1, the GOOD ROADS AMENDMENT. Adopted this 274 day of—S-��Z! ' 1988, by Q kl'f OF 1tkUN fS\hLLk n (Name of Organization) �lt�., 11 -� Attested y' � 0.IT-, Secretaru /Mayor Paid for by the Good Roed,Amendment Campaign.400 W.151h,SO,417.A-in.T 78701,Harry Ledbetter,peas RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 88-11 Grant App.-Auth.of Community Dev.Fund 10-25-88 RESOLUTION NO. 88-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF COMMERCE FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City Council of the City of Huntsville desires to develop a viable urban community, including decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low/moderate income; and WHEREAS, certain conditions exist which represent a threat to the public health and safety; and WHEREAS, it is necessary and in the best interest of the City of Huntsville for funding under the 1988 Texas Community Development Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: 1. That a Texas Community Development Program application for the Community Development Fund is hereby authorized to be filed on behalf of the City with the Texas Department of Commerce. 2. That the City's application be placed in competition for funding under the Community Development Fund. 3. That the application be for $331,614 of grant funds to carry out sanitary sewage facility construction. 4. That the City Council directs and designates the City Manager as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program. 5. That it further be stated that the City of Huntsville is committing $82,462.00 from its water and sewer as an in-kind cash contribution toward the construction activities of this sanitary sewerage project for a total project cost of $414,076.00. Passed and approved the 25th day of October, 1988. THE CI HUNTSVILLE By• Jane Monday Mayor /ATTEST �! j by Pea., _", May—?"1._ —�fit�aw,`C�Secretary APPR D AS FORM 1J a Scott Bou ds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHE--DULE NO.: 1000-05 CONTENTS OF FILE: Itsnc arm 4 B-17 -- tft�nlz+ng �s)am 4Cy T' U_v/J�✓�� RESOLUTION N0.88-I1-1.1 WHEREAS on November 3r1, 1938, Radio Station K.S.A.M. began broadcasting hr Huntsville,Texas;and WHEREAS on the Fiftieth Anniversary of this historical event it is prop— that the community that this station serves should acknowledge anu; commend the station on this'golden',jubilee;and WHEREAS throughout its five decades, K.S.A.M. has contributed i—isuraol., service to Huntsville and surrounding areas through daily news ansc weather information, public service announcements, spe-ts. entertainment and advertising messages to its listenership; and WHEREAS in times of emergency, the station has always been a primary sc.r_c of warnings, public safety information and response assistance c.., the citizens we serve;and WHEREAS throughout its fifty years of distinguished service, Radic Stz'.imr K.S.A.M. has given numerous "onair" personalities vast experience in broadcasting including nationally known professionals such as Casr Rather of C.B.S.News and local favorites such as the'voice'o':--- Hornets-Keeler Roberson and the'Dean"of local news casters Schoening. r. NON,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL,CITY OF HUNTSVILLE, that the various station owners throughout this entire span of time, tn: staffs and managers which are all represented here today by: MR.GEORGE FRANZ GENERAL MANAGER e hereby congratulated and recognized for their achievements on th ; milestone in broadcast history in Huntsville,Texas. en— Duly passed by unanimous vote of City Council this the 1st day of Hov en_a^. 1988 and to certify is hereby attached seal of the City and the hand a`in, Mayor for the City of Huntsville. THE CITY OF HUNTSVILLE,TEXAS By Jane Monday,Mayor ATTEST: 1 BY 1 Ruth OeShaw,City Secretary F I 4 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Joint Resolution 89-1 Comm.New Army of The Rep.of Tx. 03-20-89 RESOLUTION NO. 89.1 WHEREAS the City Council of Huntsville and The Commissioner's Court of Walker County do officially commission THE NEW ARMY OF THE REPUBLIC OF TEXAS to perpetuate the free spirit of the early volunteers of the original Army of the Republic of Texas and preserve General Houston's legacy and property in his Texas hometown of Huntsville; and WHEREAS all members will bear true faith and allegiance to the spirit of Sam Houston and dedicate themselves to increase the awareness of all Texans as well as others of the Sam Houston Memorial Complex, University, and grave of Sam Houston; and WHEREAS all members will dedicate themselves to promote, encourage, and emphasize the great history of this area and the great State of Texas; and WHEREAS we hereby commission Robert D. Hardy Adjutant General and Chief of Staff of The New Army of the Republic of Texas and authorize him to commission his staff. Duly authorized by action of the City Council of Huntsville and the Commissioner's Court of Walker County. Judge Frank o son for Mayor Jane onday for Walker County The City of Huntsvill LD Date Dated/ F k �"C RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS Or PILE: DI-psi-B� RESOLUTION NO. 89-4-31-1 WHEREAS for 27 years Mrs. Vernice Comella has been an employee with the Huntsville Police Department and, WHEREAS during the period from May 15, 1961 Officer Comella has become a very familiar face and fixture of law enforcement in the downtown area and, WHEREAS Mrs. Comella has not only pioneered the roll of her gender in police work in Huntsville but witnessed every conceivable vehicle for parking enforcement and regulation during her tenure and, WHEREAS in addition to her considerable duties she did also manage to aid and assist her husband Mike in his career as a police officer with the City until his retirement two years ago. NOW THEREFORE, be it resolved by the City Council, City of Huntsville, Texas that: VERNICE STUTTS COMELLA be recognized for her many years of fine service rendered to the City and congratulated upon the occasion of her retirement by presentation of this Resolution unanimously passed this the 31st day of January, 1989 and to certify to which is attached the hands of the members of City Council and the seal of the City. L Jane Monday _ Mayor AL P� Percy How d Dr. Gene Barre Mayor Pr Tem Bil��moc^/k�� I sines Dr. y BellD Jim rt Bill Knotts Dr. Bill Green RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-3 Crime Prevention Officer($30,803) 04-04-89 - RESOLUTION NO. 89-3 _ A RESOLUTION OF THE CITY COUNCIL_ OF -THE CITY. OF HUNTSVILLE, TEXAS, AUTHORIZING APPLICATION FOR A CRIMINAL JUSTICE DIVISION GRANT; AUTHORIZINGEXECUTIONOF GRANT AGREEMENT; MAKING-VARIOUS PROVISIONS RELATED THERETO. WHEREAS, the City of Huntsville staff has submitted a grant request for a Crime Prevention Officer and Program from the Criminal Justice Division of theOffice of the Governor; and WHEREAS, the proposal has been recommended for funding by the Criminal Justice Divisioq. HE IT RESOLVED, by the Mayor and City Council of the _ City of Huntsville, Texas, that the City supports and approves -the application by the _ Police Division for the grant from the - - Criminal Justice Division, and that: Section 1: The City Manager-is hereby authorized and directed to apply for a Criminal Justice Division grant in the amount of $30,803.00 for a Crime Prevention Officer and Program for the City of Huntsville. _ Section 2_: This resolution shall take effect_ immediately after the passage -by Council. -INTRODUCED, READ and PASSED by the affirmative of -council on this day of (2,,, i,' 1989. - Jane Monday, Mayor AT�uth EST: / �Shaw, City Secretary ' APPROVED: ✓ Scott B unds, City Attorney li RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-4 T.D.C.Illicit Drug&Information Unit 04-04-89 RESOLUTION N0: 89-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS. AUTHORIZING APPLICATION FOR A CRIMINAL JUSTICE DIVISION GRANT; AUTHORIZING EXECUTION OF A GRANT AGREEMENT; MAKING VARIOUS PROVISIONS RELATED THERETO. WHEREAS, the City of Huntsville staff has submitted a grant request for a Huntsville/Walker County/T.D.C. Illicit Drug and Information Unit from the Criminal Justice Division of the Office of the Governor; and WHEREAS, the proposal has been recommended for funding by the Criminal Justice Division. _ BE IT RESOLVED, by the Mayor and the City Council of the City of Huntsville, Texas, that the City supports and approves the application by the Police Division for the grant from the Criminal Justice Division, and that: Section 1: The City Manager is hereby -authorized_end directed to apply for a criminal Justice Division grant= in _the _ amount of $109.756.00 for a Huntsville/Malkei-County/ T.D.C. Illicit Drug and Information Unit for the City of Huntsville. Section 2: This resolution shall take effect immediately after the passage.by Council. - INTRODUCED READ, and PASSED by the affirmative of council on this = day of Q pni1989. 7 Ja Monday, Mayor ATTEST: R De Shaw, City Secretary APPRQ'�E ^ / Scott JJ Bounds, City Attorney/A[t�ttto_rney l RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Al RESOLUTION NO. 89-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING APPLICATION FOR A CRIMINAL JUSTICE DIVISION GRANT; AUTHORIZING EXECUTION OF GRANT AGREEMENT; MAKING VARIOUS PROVISIONS RELATED THERETO. WHEREAS, the City of Huntsville staff has submitted a grant request for a Huntsville/Walker County Property Crime Task Force from the Criminal Justice Division of the Office of the Governor; and WHEREAS, the proposal has been recommended for funding by the Criminal Justice Division. BE IT RESOLVED, by the Mayor and City Council of the City of Huntsville, Texas, that the City supports and approves the application by the Police Division for the grant from the Criminal Justice Division, and that: Section 1: The City manager is hereby authorized and directed to apply for a Criminal Justice Division grant in the amount of $71,621.00 for a Huntsville/Walker County Property Crime Task Force for the City of Huntsville. Section 2: The City Manager is authorized and directed to execute an agreement for said Oant providing for a city match of funds in the total amount of $5,000.00, to be provided as an in kind and cash basis. Section 3: This resolution shall take effect immediately after the passage by the Council. INTRODUCED, REpr�p� and �ASSED by the affirmative of council on this day of lA 1989. Ja Monday, Mayor De Shaw, City Secretary APPR ED: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-6 State Purchasing&General Services 04-25-89 RESOLUTION NO. 89-6 STATE OF TEXAS- < < - TO THE STATE PURCHASING AND - < GENERAL SERVICES COMMISSION COUNTY OF WALKER < WHEREAS, the City of Huntsville of Huntsville, Texas, pursuant to the authority granted by Sections 271.081-271.083 Local Government Code, V.T.C.A., as amended, desires to participate in described purchasing programs-of the State Purchasing and General Services Commission, and _ -WHEREAS, the City of Huntsville is in the opinion that participation in these programs will be highly beneficial to-the taxpayers of the City, through the anticipated savings to be realized; now, therefore be it RESOLVED, that the City of Huntsville of Huntsville,.Texas, does request that the State Purchasing and General Services Commission to include its stated need-for Class No. 031, 055, 077, 175, 225; 285, 305, 310, 340, 600-A1, 600-A8, -605,,-610, 615, 725-A1, and 863 on-the Commission's_annuAl contracts -for-those items, whereby.Gene Pipes, City Manager; isauthorized,and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of Huntsville. This resolution shall take effect immediately upon passage by City Council. -PASSED AND APPROVED this day,ofoa 1989• . THE CITY OF HUNTSVILLE -- - 8y - 7Je Monday; Mayor A DeShaw, City Secretary APP �VED AS TO FORM: Scott 13brunds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-7 Comprehensive Plan Adopted 05-16-89 RESOLUTION NO. 89-07 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS ADOPTING A COMPREHENSIVE PLAN WHEREAS, the City Council recognizes its resposibility to establish a long range Comprehensive Plan, and; WHEREAS,the City Council intends to coordinate the construction of public improvements in order to avoid duplication and maximize the effective use of public funds; and WHEREAS, the City Council has reviewed the Comprehensive Plan at a public meeting held thereon; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: THAT the Comprehensive Plan, attached hereto as Exhibit "A" and made a part hereof for all purposes, is adopted and shall be known and referred to as the Comprehensive Plan of the City of Huntsville; and THAT such Comprehensive Plan shall at all times be kept current with regard to the needs of the City of Huntsville and reflective of the official views of the City Council and shall be reviewed annually by the City Council. PASSED AND APPROVED this the 16th day of May, 1989. JA . Y OF HUNTSVILLE, TEXAS ne Monday, Mayor / Shaw, City Secretary APP ,'ESD AS TO FORM: u Da Scott Bounds, City Attorney THE COMPREHENSIVE PLAN OF THE CITY OF HUNTSVILLE, TEXAS PRELIMINARY DRAFT FOR DISCUSSION PURPOSES ONLY May 11, 1989 INTRODUCTION Urban planning is a means of systematically By definition, the comprehensive plan is: attempting and achieving adjustment in the physical environment of the community (1) Comprehensive - in that it encompasses consistent with social and economic trends and all geographical parts of the community sound principles of civic design. Planning is and all functional elements which bear a a continuing process of organizing, on physical development; formulating, and presenting a broad, comprehensive. but practical program of urban (2) General - in that the plan summarizes development and redevelopment considering both policies and proposals and does not the community's i mediate needs and those of indicate specific locations or detailed the foreseeable future. regulations; The Comprehensive Plan is the major product of (3) Long Range - in that the plan looks urban planning and the working tool of the beyond the foreground of pressing municipal government. The Plan, as ultimately current issues to the perspective of deeloped and implemented. results in problems and possibilities 20 to 30 economiesin the provision of capital years in the future. mprovements, stability of private investments and increased business opportunities. By anticipating the needs of the Community for Furthermore, the Comprehensive Plan, upon public facilities well in advance of physical adoption by City Council, represents the growth and expansion, costly mistakes in official statement of the City. It sets forth design, construction and location of specific the City's policies regarding decisions projects c n be avoided. Social benefits may oncerning the future physical development of be attained through development of better the community. cultural opportunities, convenience of living and the amenities of home and community life. It not intended that the Comprehensive Plan be medium for overnight change. Instead, the The comprehensive plan serve as the tool Plan is projected for accomplishment over a through which the attitudes and aspirations period of decades. The planning principles, of the community are formalized into a set of development standards andr ecommended capital goals and objectives for the City. Goals for improvements contained inthe Plan can be planning purposes are considered broad, carried out over the years in the natural general statements reflecting the values of course of urban development. As a result, the community and its intention to act. some of the elements of the Plan may be Objectives, on the other hand, are the achieved very soon, while others will operational expression of goals. While a goal necessarily be left for accomplishment as is essentially unattainable or at least future developments require and revenues unattainable in the foreseeable future, an become available. objective is a concrete aim or endpoint towards which a specific effort is directed. There will unquestionably 6e changes in the The endpoint of an objective may be distant, urban structure through technological however. After all, the value of a advancement and ideas, for the future cannot comprehensive plan ,s ,n its long-range be determined with certainty. The Plan outlook. Objectives are, therefore, cannot be so rigid that it will preclude attainable but only within the wide adjustment to such changes. To re main perspective and economical feasibility of a current, the Plan should be reviewed and comprehensive plan. amended annually along with the capital improvements program. CITY OF HUNTSVILLE, TEXAS PAGE 1 1989 COMPREHENSIVE PLAN IMPLEMENTATION Four tools are available to the City to assure The final tool is the City's capital the Plan's enforcement. These tools are: improvements program (CIP). The CIP is the zoning regulations, building codes, priority listing of major public expenditures. subdivision regulations and a capital As this process involves the spending of improvements program (CIP). Each of these substantial amounts of public funds, it acts instruments represents a powerful force to as a major catalyst to the implementation of encourage or restrict growth to the areas the Comprehensive Plan. prescribed by the Comprehensive Plan. Priorities must be established before The first enforcement instrument, zoning, is determining how or when projects are to be probably the best known tool. The purpose of financed. Through this control, the CIP, as zoning is to regulate the uses of both public approved by the governing bodies, acts as a and private land and thereby, 'promote and powerful force in shaping future development protect the public health, safety and and growth. welfare' of the community. The zoning ordinance is a city law which divides the Whether or not any or all of these tools for land into particular uses or districts, Within implementing a comprehensive plan are used is these districts, standards and restrictions dependent on the desires of the community. As are established for the use of the land. a comprehensive plan is unique to each city, These uses are typically: residential, so too are the methods of its implementation. commercial, industrial, and agricultural. Such Although the above four tools have become the an ordinance also provides limitations on standard devices for implementation, their property line setbacks and establishes overall importance lies in the development minimum performance standards, such as the standards which they contain. These amount of noise or smoke that may be emitted development standards are not necessarily from a structure or use. exclusive. Huntsville, for instance, has chosen to adopt standards for landscaping and Building codes are the second implementative building setback of lots within its device. The enforcement of these codes comprehensive development code; other cities provides minimum standards for the have chosen to include these standards in a construction and maintenance of buildings and zoning ordinance. houses. Their enforcement is essential to the realization of the Comprehensive Plan. As building codes are designed to encourage proper development, they are instrumental in guiding future growth. Subdivision regulations are the third tool for enforcing the City's Plan. Its function is to establish minimum design standards for the lay-out of streets and platting of new lots. It also enables the community to require developers and contractors to construct facilities, such as sewers, water lines and streets in accordance with community standards. These regulations are extremely important as they control the development of bare land. CITY OF HUNTSVILLE, TEXAS PAGE 2 1989 COMPREHENSIVE PLAN GOAL ONE RETAIN AND ENHANCE THOSE DESIRABLE SMALL TOWN CHARACTERISTICS OF THE CITY AND PRESERVE ITS HIGH ANDTYOF LAND,COMPATIBLEAIGROWTHWA TER AND DEVELOPMENT. The framework of future development in Conflicts resulting from incompatible land Huntsville lies within its present and past uses should be minimized and the established land use patterns. To have an orderly and characteristics and identity of the attractive community, it is essential to work neighborhoods of the community protected. within the. framework defined by the characteristics of existing development Leap-frog development should be discouraged. patterns, the relationships between various Leapfrogging occurs where developments bypass land uses, and the manner in which those land land adjacent to existing development in favor uses relate to the social and economic aspects of cheaper land located some distance away. of the community. Leapfrogging can be controlled through an organized process of extension of municipal The inventory of vacant land existing within utilities into undeveloped areas with an the City Limits provides an important resource attendant policy requiring the connection of for the future. Development of this vacant all developments to municipal services. land should be encouraged. To accomplish this, the city should consider a more comprehensive City/developer participation policy which will cover construction of all public improvements where development is within the City limits as well as municipal construction and upgrading of existing public improvements, such as streets, to stimulate desired growth. A long-range program of physical improvements such as sidewalks, water and sewer lines, and streets in older areas of Huntsville should be undertaken as a stimulus to encourage redevelopment by the private sector. Examples of areas suited for such redevelopment are loth Street (from U.S. 75 North to University Avenue) and the Gospel Hill area. Municipal regulations can also assist in managing and directing future growth to insure development according to the comprehensive plan and to reduce the tendency towards conflicts between different land uses. For instance, development that reflects a combination of high and low density should be encouraged along with building forms that relate to the size, shape and character of the surrounding development. CITY OF HUNTSVILLE. TEXAS PAGE 3 1989 COMPREHENSIVE PLAN GOAL TWO DEVELOP A BALANCED, SAFE AND EFFICIENT TRANSPORTATION SYSTEM FOR HUNTSVILLE. It is of primary importance that the At the time of reconstruction of a street, transportation system in Huntsville remains existing driveways should be reviewed adequate to the needs of the community. In individually and, where feasible, order to enhance the general functionality of reconstructed to the City's current size and the street system of Huntsville, the city placement criteria as contained in the should undertake several broad and many Development Code. Curb and gutter should be specific actions. installed along abandoned driveways and other breaks in the curb line which confuse Specific projects which should be completed by motorists and lend themselves to hazardous the year 2000, in order of priority are: parking situations. 1. Widen U.S. 75 North to four (4) lanes The City should determine where inadequate with a center turn lane from 11th St. rights-of-way exist and obtain the additional (St. Hwy 30) to I-45. necessary rights-of-way. Many of the city's streets have no defined right-of-way but exist 2. Widen FM 247 to four (4) traffic lanes only as 'leave-outs' from early development from State Hwy 30 to FM 2821. practices or are have rights-of-way that are not adequate for today's needs. As these 3. Widen FM 1374 (Possum Walk) to four (4) streets are identified and mapped, sufficient lanes and a center turn lane from the rights-of-way should be acquired. I-45 overpass to the City Limits. 4. Widen State Hwy 30 to four (4) lanes Sam Houston Avenue with a center turn lane from West Hills Drive to FM 1791. Acquire the right-of-way to connect Sam Houston Avenue from 7th Street to University 5. Widen U.S. 75 S to four (4) traffic Avenue. This will provide Sam Houston with the lanes with a center turn lane from most direct possible access to FM 247 and FM State Highway 19 to 1-45. 2821 and allow traffic to continue on Sam Houston rather than transferring to either Avenue M or University Avenue. Sam Houston The City should remove all unnecessary Avenue shouldbe reconstructed from 11th hindrances to traffic flow along its collector Street to University Avenue according to streets. Hindrances include inappropriate or collector street standards. unnecessary stop signs, dips, rough or bumpy driving surfaces and blocked sight triangles. Reduce the confusion, congestion and potential In cooperation with SHSU and the TDC, the City danger of the intersection of 17th Street and should develop traffic circulation and parking Sam Houston Avenue. The short-range solution plans for the areas adjacent to the University to this problem is the installation of and the Walls Unit. The City should also individual turn movement indicators on all eliminate the offset street intersections at four sides of the intersection and pedestrian the following locations: signals. The long-range solution is to work with SHSU to acquire sufficient additional (a) Avenue 0 and 19th Street right-of-way to properly align 17th Street. (b) 17th Street and Sam Houston Avenue This should be undertaken in concert with the (c) Avenue I and 12th Street University's plan for redevelopment of that (d) University Avenue and 8th Street part of the campus. CITY OF HUNTSVILLE, TEXAS PAGE 4 1989 COMPREHENSIVE PLAN Prohibit parking on the east side of Sam Avenue. This will benefit not only those Houston Avenue south of 13th Street adjacent motorists desiring to turn from 13th Street to to Huntsville National Bank to provide room either University Avenue or Sam Houston for establishment of a left turn lane. Avenue but also those motorists seeking access On-street parking at this site is unnecessary to adjacent commercial establishments. due to the off-street parking available at the bank. Further, this on-street parking often To accomplish this, prohibition of parking on interferes with traffic making right hand both sides of 13th Street between Sam Houston turns from Sam Houston Avenue onto 13th Avenue and University Avenue may be Street. Designation of left turn lanes should necessary. The bank and office building follow the standard adopted by the Texas adjacent to this location have provided ample Department of Highways and Public parking, however. Observations of the Transportation, on-street parking has shown a low occupancy rate; often spaces are used by persons with banking business who do not attempt to park in University Avenue the off-street facilities. Create a 3-way turn lane at the intersection The increasing use of 13th Street for traffic of University Avenue and 13th Street. To moving between Avenue 0 and Avenue M or Sam accomplish this, parking should be prohibited Houston Avenue is creating problems with on University south of 13th Street. The cross traffic. The intersection of Avenue M parking on thewest side of University north and 13th Street should be monitored to of its intersection with 13th Street should be determine if a signal light should be redesignated as parallel instead of angle for installed at its intersection. This will the area approximately 100 feet north from the allow more cross traffic movement while not intersection. adversely affecting traffic flow on Avenue M. As traffic increases on Avenue M. it will be Provide designated (stripped) parallel parking necessary to undertake an analysis of each along University Avenue between 15th Street intersection on the street to determine and 17th Street. Presently, no striping possible future actions by the City. exists which results in mixed parking often leading to conflicts between traffic moving Parking should be prohibited along the south along the street and a vehicle attempting to side of 16th Street from approximately 150 back out. feet west of Avenue M to University Avenue. Due to the lack of east-west arteries in the City this street has developed into a major 13th Street thoroughfare, on-street parking will increasingly become a major traffic problem Prohibit parking along the south side of 13th with the area on 16th Street between Sam Street from 100 feet west of Avenue M to Sam Houston Avenue and Avenue M as the center of Houston Avenue. This will require additional congestion. The intersection of 16th Street prohibition of parking only from Avenue M and Avenue M should be monitored to determine west. The sight distance at this intersection if traffic warrants a four way stop sign. is extremely short resulting in a dangerous situation. Additionally, parked cars near the intersection force vehicles traveling east toward Avenue M into the opposing lane of traffic. This has caused ques to develop, further aggravating the situation. Create a center turn lane from approximately 150 feet west of Sam Houston Avenue to approximately 150 feet east of University CITY OF HUNTSVILLE. TEXAS PAGE 5 1989 COMPREHENSIVE PLAN r3. a ob h� u M KFsr N �EtT w,.nv000• FUTURE THOROUGHFARE SYSTEM (CJmdIIM b F-.,im) CITY OF HUNTSVILLE•TEXAS E......�.f COMPREHENSIVE PLAN .�AHxiai cdl.eHr CITY OF HUNTSVILLE, TEXAS PAGE 6 1989 COMPREHENSIVE PLAN GOAL THREE PROVIDE PUBLIC SERVICES IN THE MOST EFFICIENT AND EQUITABLE MANNER CONSISTENT WITH SOUND FISCAL AND GROWTH MANAGEMENT POLICIES. The provision of those services typically Complementing the twelve inch loop is the considered urban, such as potable water, radial tie system. Radial ties distribute sanitary sewerage collection and treatment and water from the central water plant located on solid waste collection and disposal are some Palm Street or one of the smaller loop systems _ of the most important services provided by to the twelve inch loop. Radial ties which local government. They are also among the should be constructed are three twelve inch services to ties along the full length of Elks Drive, US most difficult and expensive 2821), and from perform. Planning for such services seeks to 75 N (from 7th Street to FM achieve the identification and conceptual the water plant to Sycamore Avenue. An design of needed improvements over a eighteen inch tie should extend from the water long-range period of time. Detailed design of plant to Avenue H by way of Bowers Boulavard. individual projects must be accomplished at the time that specific improvements are Another means of evenly distributing water scheduled for actual construction, however. --and a way of improving the overall quality Such construction plans must be based upon of the water --is elimination of single source detailed data and engineering studies feeds and 'dead-end" lines. As rehabilitation specific to each contemplated improvement and, efforts continue on the exiting water therefore, cannot be contained within the facilitines es, dsingle be elimurce inated noted feeds se and extending and scope of this plan. connecting them into other lines. The current upgrade and rehabilitation program water Treatment and Distribution Facilities of the water while facilitiehe current should bproject continued. otiued. Also, The City's responsibilities regarding the significantly reduce the extent of the area provision of water to the public lie in contained within the lower of the two pressure several areas. First, the City must assure plains is nearing completion, the city should the public of an adequate long term supply of continue as a policy the reduction and water and that the water is distributed ultimate elimination of the two separate throughout the system in adequate quantities pressure plains. to all customers. Second, that the water receives the necessary treatment to insure Along with its efforts on the part of the good health as well as good taste. internal water system of the city, the City must also look outwards towards the future and In order to accomplish these responsibilities, the undeveloped lands at its perifery. completion of the twelve inch loop system is Extensions of lateral lines into the ETJ are paramount. This program to evenly distribute necessary to provide access to water for water throughout the city has been in progress future development. The City should, for over twenty years and should be completed therefore, extend trunk lines, of a minimum of within the first years of this plan. Three twelve inches in size, along all arterial segments are still to be completed: FM 2821 streets and other major streets to accomodate (from Industrial Boulavard to US 75 N), I-45 future growth. (from 16th Street to the Hospital) and US 75 N (from FM 2821 to I-45). CITY OF HUNTSVILLE, TEXAS PAGE 7 1989 COMPREHENSIVE PLAN The City should also actively pursue assurance of the oldest areas of the city are beginning of an adequate water supply for the estimated to experience sewer problems. At the same needs of the city over the next 25 years. In time, other areas of the city which are still part, this will involve adherence to the using septic systems for waste disposal, are defined schedule of upgrades of the surface also experiencing problems. To solve these water treatment plant (Huntsville Regional problems, the City should direct its efforts Water Treatment Plant) and periodic towards eliminating, to the greatest extent maintenance of the existing wells. As the possible, the unsevered areas of the city and population grows, however, additional sources the replacment or reconstruction of decaying of water will be necessary and efforts will lines. need to be taken before the end of the decade of the '90's' to provide addtional sources of Another aspect of the rehabilitation of water. existing facilities is the need to upgrade some sewer lines that have reached or exceeded their capacity or where private sewer lines of Sanitary Sewer Collection and Treatment extreme length have been used in place of public sewer lines. As these areas are Collection and treatment of wastes is the most identified through the City's continuing important health related activities of a city. infrastructure analysis program, they should This activity is probably the most regulated be placed in the capital improvements program of all municipal acitivities also. Federal for funding. and state treatment and effluent dischare standards have placed major financial burdens Finally, as the internal collection system on local governments in the past and will facilities are brought brought into continue to do so in the future. It is conformance with this plan, the City should important, therefore, for a city to anticipate expand it system into the ETJ for future future problems and work to correct or avoid growth. Extensions of trunk lines into the them. ETJ are necessary to provide access to sewer for future development and to reduce the use Sewage treatment presently occurs at two of septic systems. plants, one located to the north of the city (A. J. Brown Wastewater Treatment Plant) and the other to the south (N. B. Davidson Wastewater Treatment Plant). The City should Solid Waste assure itself of maintaining adequate treatment capacity at these plants for future The existing landfill site is quickly being needs. However, as the city expands within depleted. At best, an additional ten years of the s n drainage basins comprising the city, life can be expected. In order to plan for additional treatment plants are inevitable. the eventual closing of the present landfill Ultimately, it is envisoned that atreatment site, the City must identify future sites for plant will exist in each of the major drainage sanitary landfilling for the conity basins. Generalized facility plans for each adequate to meet the needs for a25u year drainage basin should be developed and period. Where possible, the City should seek maintained by the City to aid in future cooperation with other governmental entities development decisions. to develop these sites. During the life of this plan, however, the Furthermore, it has long been known that City should direct much of its efforts to landfilling is not in the long term best rehabilitation and upgrade of its existing interest of the city. The City should facilities and providing facilities within the investigate the feasibility of alternatives to city where none now exist. Due to the extreme landfilling for the long term disposal of age of s of the sewerage facilities (some solid waste. lines areinexcess of fifty years old) many CITY OF HUNTSVILLE, TEXAS PAGE 8 1989 COMPREHENSIVE PLAN GOAL FOUR PROVIDE RECREATIONAL AREAS AND OPEN SPACES TO MEET FUTURE COMMUNITY NEEDS. The City should acquire, develop, and maintain Park users and neighborhood residents should a balanced system of parks and recreation be involved in planning, developing, and areas designed to meet the local needs of its maintaining facilities. Volunteers can be citizens and maximize the coamunity-s natural encouraged to assist with maintenance through resources. Coordination should be encouraged programs such as adopt-a-park. in recreation programs with entities such as museumscultural arts organizations, the As part of the overall parks system, a chamber, commerce, the Walker County Fair dispersed system of neighborhood parks should Association and private business and be developed. The City can begin by industry. Facility design should allow for expanding the park system through the and stress multi-purpose use of all development of a network of neighborhood facilities. playgrounds and vest pocket parks. These parks should be established inareas where Parks must be located at sites where adjacent existing recreation land is insufficient. land uses are compatible and where the use of Often, vacant lots can be converted to parks surrounding property will not be diminished. and/or utilized as open space in areas where Neighborhood parks should be developed at availability of land is a limiting factor. those locations where no major arterials must Recreation programming and equipment for such be crossed. Community parks, n the other parks should reflect the needs of the hand, should be located adjacent to major population in the area served by the facility. Existing park land should be arterials and should be buffered if adjacent developed before developing new acquisitions, to residential areas. The integrity of residential areas may be preserved by locating however. special facility parks, such as tennis, s oftball, baseball, and soccer complexes, out A major bicycle route system should be of neighborhood parks. Locating active established throughout the City. Routes can recreation (ballfields and play areas) toward be located along streets wide enough to allow the interior of the neighborhood park and adequate shoulder to accommodate both auto landscaping the perimeter of the site can and bike travel and within the sidewalk and buffer sound and protect participants from greenbelt systems proposed by this plan. Where 'ng traffic. Further, recreation appropriate, bicycle lanes can e facilities should be located on those portions established on arterial and collector of the site where grading, drainage and streets, in lieu of on-street parking. This utility construction is minimal and only bicycle route system can be utilized as a slight remodeling of the topography will be connector for the neighborhood parks system. necessary to complete construction. In appropriate locations, bicycle routes can be utilized as jogging/walking trails as Future maintenance must also be considered well. when designing, locating and developing neighborhood parks. Design new and renovate Two major obstacles exist that hinder the old parks for low maintenance of facilities expansion of the City park system - land and landscaping. Where possible, use native acquisition and inadequate funding. The City plants which require minimum upkeep. should identify potential park sites in Vandal-resistant facilities, vehicle barriers, advance and should aggressively acquire these .lighting and improved visibility should be sites from property owners at predevelopment included in all park designs. prices. Ease budget strains by offering tax benefits to landowners who offer easements CITY OF HUNTSVILLE. TEXAS PAGE 9 1989 COMPREHENSIVE PLAN across their property or donate property for Greenbelts/Open Space parks. Consider public/private cooperative ventures for acquisition and development of A city-wide system of greenbelts should be park and open space lands. established. Creeks and natural drainage channels can be preserved as greenbelts in Cooperative agreements among different taxing recognition of their high aesthetic and jurisdictions should be used wherever possible functional value to the community and to to maximize public resources for recreation. create a linear unifying element providing By utilizing one public facility for the scenic beauty and recreation such as hiking, provision of multi-community services, jogging, walking and bicycling. As one method duplication of tax expenditures is reduced of accomplishing this, the City should and public land is used more efficiently. actively acquire drainage/conservation Establish joint-use or lease agreements with easements along all major drainage channels in Huntsville Independent School District, Sam the City. These easements should be sized to Houston State University and any others as allow the drainage channel to remain, whenever applicable to expand the supply of facilities possible,in its natural state. Where for greater efficiency of operation and to appropriate, drainage/conservation easements maximize recreational use of land. The City should also allow for walking, jogging and/or should contract with HISD for the joint use of bicycle trails. school grounds to provide additional neighborhood parks at Gibbs Elementary School, Samuel W. Houston Elementary School and Estella Stewart Elementary School. The Park Facility Recommendations agreement between the City and HISD for the joint use of the Middle School and Scott Kate Barr Ross Memorial Park Johnson Elementary School (New Addition Park) may serve as the prototype. This park is and is expected to remain the major park facility of the City for the next A Park Development Fund should be established twenty years. Its major advantage and its by the City to provide funds solely for park recommended future use is as an athletic development, matching funds, etc. Proceeds complex where activities such as baseball and from all fees currently charged for use of soccer are concentrated. To this end, it is park facilities should be placed in this fund. recommended that the City expand Ross Park to Creation of such a fund may also serve to formally include the area to the east of encourage donations from citizens or service Airport Road to allow for construction of organizations. The City should develop additional facilities. Adequate land is policies and procedures on encouraging available to provide for the eventual donations to the Park Development Fund for construction of a major baseball complex and park land acquisition and improvement. several multipurpose fields. Included in these policies should be a policy on the City's responsibility for matching fund Thomas Henry Ball Park donations. It is recommended that this facility remain Obtain revenues for operation, land under its current use and design. The park acquisition, and facilities using a variety cannot be expanded further which precludes its of methods, but direct most effort toward use for most baseball league activities. those having maximum impact. The City should Additionally, the facility must be shared with consider a major bond election along with SHSU, further decreasing its usefulness. As efforts to obtain corporate and citizen other softball facilities are provided by the donations. Where feasible, user fees should City, the use of Thomas Henry Ball Park should be considered to ensure users incur more of be reviewed to determine whether the lease the actual cost of services. should be continued after the present expiration date (March 31, 1995). CITY OF HUN TSVILLE, TEXAS PAGE 10 1989 COMPREHENSIVE PLAN Emacipation Park This facility is at its design capacity. It is recommended that this park remain primarily a neighborhood Dark. The park has one deficiency that should be addressed during theplanning period of this document: the acquisition by the City of the two privately owned lots located within the park complex. This would consolidate ownership and provide :,,ore harmonious atmosphere to the facility well 'as provide space for additional playground equipment. Pineview Park It is recommended that the City continue the use of this land as a neighborhood park containing primarily passive recreational facilities such s jogging/bike paths, playground equipment. etc. Dairy Farm Road Park The City is in possession of the ten acre tract adjacent to Thomason Road (Dairy Farm Road) where the old north ss wer treatment plant was located. The tractis bounded on its west side by Town Creek. Over the last two years, extensive filling has occurred o the tract esuIt of dismantling the previous facility. This tract should be designated a site for a neighborhood park. Due to the This of the fill sites, however, _ ended that use of the park be phasedsin. beginning with construction of a basketball court and landscaping. As the instability subsides, additional facilities such as a general purpose field may be added. Adult Athletic Facility The City should establish an adult athletic facility distinct from the facilities at Kate Barr Ross Memorial Park. Facilities may include baseball diamonds, soccer fields, etc. All adult activities currently using Kate Barr Ross Memorial Park should be moved to this site to allow Ross Park to be reseryetl for youth activities. CITY OF HUNTSVILLE, TEXAS PAGE 11 1989 COMPREHENSIVE PLAN GOAL FIVE PRESERVE AND PROTECT THE CENTRAL BUSINESS DISTRICT BY ENCOURAGING THE DEVELOPMENT OF A INTEGRATED, ECONOMICALLY VIABLE DOWNTOWN REFLECTIVE OF ITS HISTORICAL, CULTURAL AND EDUCATIONAL BACKGROUND. Huntsville's original townsite, typically Urban Design referred to as the -downtown," is today's Central Business District (CBD). The CBD is The municipal infrastructure consists of water the center of the administrative and and sewer facilities and the transportation commercial activities of the City and the system. Private facilities include building County. Additionally, a variety of commercial facades, canopies, signs or graphics and and residential activities exist in the area landscaping. to create a unique aspect of urban life. While the major commercial center of the city The water and sewer systems, although in many has shifted with time and development, the cases rather old, exist and are generally original public square remains the principle adequate for their basic purposes. The CBD focal point of the community and the center of transportation system is best described in the office and financial institutions of the terms of access and circulation. It consists community. of vehicular and pedestrian modes of transport. The CBD is a traffic generator of The automobile, combined with changing both through traffic and internal traffic. shopping activities, has had a serious impact on the retailing activities of the CBD. This Traffic movement and parking directly affect should not be considered a permanent circulation and business activity. The condition, however. It is essential that a success of downtown depends to a great extent lost activity be replaced by a new one to on an efficient and well-balanced assure a continuing and dynamic condition. transportation and parking plan. The CBD is a complex interaction of public and Parking may prove to be the major obstacle to private activities and places. It is a -built the long term vitality of the CBD. Although environment,' that is, its importance is the sufficient for today, existing parking areas direct result of the physical facilities or may not be sufficient or even in existence in improvements. The physical improvements of the the future. This is especially true of CBD consist of the municipal infrastructure on-street parking. Therefore, future parking and its operational efficiency and the private needs must be met with future development and structures and facilities and their will have to be accommodated by off-street operational efficiency. facilities. In preserving and protecting the central The pedestrian transportation system consists business district of Huntsville, the intent is of sidewalks. The sidewalk system of the CBD to redirect interest and activity back to the is adequate and plentiful, lining most streets downtown. Downtown Huntsville should serve as in the area. The majority of sidewalks are in center for the emerging tourism industry--for good condition; however, some sidewalks are instance, a walking/driving tour of historic higher than street level making it difficult buildings and sites could be developed. Such to exit from parked automobiles. The an activity would serve to facilitate tourism continuity of the sidewalk system is broken at as well as encourage historic preservation. a l l s t r e e t intersections w i t h pedestrian/vehicular conflicts. A more CITY OF HUNTSVILLE. TEXAS PAGE 12 1989 COMPREHENSIVE PLAN 2� efficient linking of the numerous uses and soften the hard surfaces of the city with activities would make walking in the downtown color, texture and freedom of form. more desirable to the public. Landscaping can also be used to screen undesirable elements. With the exception of a Facades and Canopies few isolated planted areas, the downtown lacks any consistent landscaping program. A Building facades in the downtown area reveal facelift is needed to improve the appearance much of the history of the early CBD. Like and image of the downtown. the downtown areas of other Texas cities, some buildings of downtown Huntsville bear the Revitalization effects of age and neglect. Canopies sag, signs compete for attention and utility lines and other clutter add to the tired appearance. The downtown is in need of an image change. older, larger buildings have been partitioned Downtown Huntsville must be a place where off inside and new sheet metal facades have people want to work, play, shop, and perhaps been added outside covering only half the one day in the future, live. Such a building. The appearance of the downtown revitalization program requires a buildings needs improvement. The potential comprehensive, coordinated development for improvement is certainly present with the approach. The development of a single office many fine buildings in the downtown. building or construction of a parking lot will not alone revitalize the downtown. There is an apparent need for consistent standards governing the design of facades Revitalization of the downtown will require facing the square. Providing protection from public and private cooperative effort. The the sun and rain is the intended function of a public sector must work closely with private storefront canopy with good design being a developers to assure that improvements are secondary item. The storefront canopies in supportive. The strategies for revitalization downtown Huntsville reflect a lack of a sense outlined in the following paragraphs include: of consistency. Coordination of the canopies private development, public investments, should be a part of an overall downtown image office development, retail reorganization, improvement. downtown historical preservation, thoroughfare and parking improvements, pedestrian Signs and Symbols circulation and mall development, develop within existing buildings and land, activity Visual and graphic communication is and vitality. represented downtown in the form of signs and symbols. In Huntsville signs are a major contributor to the cluttered feeling of Private Development downtown. Each sign, in its attempt to attract attention, has had little thought Revitalization of downtown will require given to design or aesthetic character. development by private enterprise. New office buildings need to be constructed, old buildings renovated and restored, new parking Landscaping/Maintenance facilities developed and retailing activities reviewed. Private enterprise will account for A clean, attractive downtown is of the highest able percent of future downtown priority. Along with maintaining the general development. cleanliness of downtown through regular maintenance, clean-up activities, etc.. Private development must seek interaction with landscaping can provide a generally soothing public investment thereby multiplying its atmosphere. Trees, plants, water and artare financial investment. Projects where dual as the furnishings which can provide beaand well as interacting investment can take place appeal to urban spaces. Trees and plants should be encouraged. For example, dual uty CITY OF HUNTSVILLE, TEXAS PAGE 13 1989 COMPREHENSIVE PLAN 26 investments may be new sidewalks and the A downtown reflecting an attractive working interacting investment may be a new commercial environment and a potentially strong economic or office building. climate will influence businesses and executives to remain and encourage new To encourage private development, stimulation businesses to locate downtown. can be provided by the City and private institutions. Problems with fragmented land The future success of office development rests ownership may be reduced with city heavily on improved conditions and a vital and intervention. The city may use legislative active environment. Office development can be powers to assist in property acquisition. encouraged through assistance in land Financial institutions can be encouraged to acquisition and favorable tax considerations. participate through funding and low interest Public investment may generate office rates. The city may offer tax abatement for development. The development of complementing certain forms of development. retailing near offices will increase the desirability of CBD office location. One method of fostering private efforts downtown will be through the continued encouragement of a downtown association. Such an organization can provide leadership within Retail Reorganization the area and supply an important communication link between the property owners and Downtown Huntsville has experienced a decline businesses downtown and the City. in its retailing activities. The retailing downtown cannot compete with shopping malls. Improvement of the shopping or retailing Public Investments environment is required. Service and retailing activities, designed to interact A number of public investments will be with other downtown uses, will increase the required n the redevelopment and prospect of success. A retailing revitalization of downtown. The city and other reorganization plan is required to improve CBD governmental agencies will be required to retailing activities while relating to other assist with the image change. Public development. Analysis could be directed to investment and private development must seek determining the nature and needs of downtown interacting projects. The city can assist shoppers with the possible outcome a with the image change through square, park, reorientation of services. and activity area investments. Thoroughfare and traffic improvements, largely funded through the city are required. The city c Downtown Historical Preservation 'program functions in the downtown ar a to assist with creating a new sense of activity Downtown historical resources should be andvitality. civic center would provide an ideal assist with the buildings, reintroduced into the mainstream of revitalization process. CBD activities, will serve to enhance the quality and atmosphere of the downtown. Renovation downtown could act as a catalyst to Office Development other downtown revitalization activities and as a unifying force to bring many elements of Downtown is the office center of Huntsville; the community together in support of downtown efforts should be made to reinforce this revitalization. Of particular importance is condition. Future office development should be the designation of historical markers at the encouraged by improving the image of downtown sites of the original Trading Post of Pleasant through private development, public Gray and the original Town Spring and their investment, planned activities and a well development as important historical sites. managed planning and revitalization program. Equally important to the future of downtown is CITY OF HUNTSVILLE, TEXAS PAGE 14 1989 COMPREHENSIVE PLAN the the restoration and use of the Henry utilization of existing resources may in many Opera House as a plece for the performing instances be more beneficial then large scale arts. removal. Once again, the degree of interface between public agency and private enterprise will determine the success of making new Thoroughfare and Parking Improvements development and investment a reality. The ease of mobility to and within the CBD is The preservation and rehabilitation of an important consideration in improving the downtown's historic structures can be downtown. The accessibility and convenience of coordinated with this development strategy. parking is also of critical importance. General building conditions in the downtown Downtown circulation and parking improvements dictate that they be incorporated into a plan will encourage new office development, support for the future. Vacant or undeveloped land civic activities and encourage downtown may be programmed into a parking plan or shopping. Thoroughfares and parking should be future building location. responsive to the needs of the downtown. Specific thoroughfare problems should be Activity and Vitality eliminated and the present fragmented flow of traffic improved. Parking should be developed The success of downtown development will in relationship to business and shopping require the combination of both activity and requirements for long and short range demands. vitality. Planned activities for office Parking development may be stimulated through workers, shoppers and tourists will serve to a municipal parking authority, private enhance activity within the downtown. cooperative investment and retail subsidy of Coordination of groups interested in the shopper parking. revitalizationof downtown is an important factor. Vitality can be increased with development and both public and private Pedestrian Circulation and Hall Development investment. The objective should be to make downtown Huntsville a place where people want Improvement of the downtown walking experience to go. is an important element in the list of strategies for revitalization. This phase of development should integrate with all recommended physical improvements. The General Recommendations potential for improved downtown appearance and image is linked to pedestrian circulation and The pedestrian circulation system should be mall development. improved and expanded. It must be recognized that a customer must first become a Through careful planning a circulation system pedestrian and that it is impossible to can integrate with activity areas, link old create sufficient parking in front of every and new development, enhance historic individual business. Longer walking distances preservation planning and improve the downtown for the pedestrian shopper are inevitable. image. Public and private investment can Therefore, it is recommended that the City, assist with the development of a pedestrian through its Capital Improvements Program, circulation system. institute a long term program of construction, reconstruction and rehabilitation of the sidewalk and crosswalk Use of Existing Buildings and Vacant Land system in the CBD. In conjunction with this recommendation, the program to extend the use The development program for downtown should of the brick-like pavers around the square and recognize the availability of existing to connect the square to designated historical structures and vacant land. Recognition and sites and SHSU should be continued. CITY OF HUNTSVILLE, TEXAS PAGE 15 1989 COMPREHENSIVE PLAN 2 IS— unsightly curbs, driveways, sidewalks, etc. The brick pavers may also be used to link the should be repaired or modified consistent with pedestrian system to the openspace/park system the landscaping plan. of the city. Two important areas within the Providing Adequate Parking- CBD are Town Creek Park and Rather Park. These two areas should continue to be The City should undertake a study to determine developed and improved to complement the whole the economic feasibility of providing downtown. For instance, the amphtitheater in off-street parking facilities downtown. Town Creek Park should be completed to allow Alternative methods of providing parking its use for outdoor concerts, etc. spaces should els. be offered such as participation in multiple owner perking lots An historic preservation plan, sponsered by and garages and municipal/private co-financing the City, should be adopted to provide of parking lots. specific suggestions to property owners n the restoration of their buildings. The plan Regulated parking spaces andestricted should be maintained by the City and made parking spaces should be separated. This can available to all interested persons. be accomplished by making the spaces along any one block face uniform, either all The City should assist those local committees regulated or all unregulated. At the present seeking to develop several historical mu time, only regulated parking spaces are marked downtown. Specifically, the City can assist with lines on the pavement. Unrestricted curb in the search for housing, artifacts and parking spaces within the CBD should also be funding for the following existing or proposed marked. This would be especially useful in Sam Houston Memorial Museum, controlling parking along such streets as Gibbs-Powell House, Black History Museum, and University Avenue north of 16th Street. the Texas Prison Museum. Encourage the improvement and reorganization The City should, through its Building Code, of parkinga ' s n the CBD to the rearof require construction of sidewalks at the time buildings, wherefeasible, for greater ofnstruction of downtown lot. efficiency and utilization. Provide Existing downtown establishments should also directional signs to indicate to the motorist be a raged to participate in the provision where parking is available. The comfort and of sidewalks. The City may participate with safety of persons utilizing parkingar these establishments through its sidewalk should be insured by providing landscaped, extension policy. lighted pedestrians s--wayencouraging more night time activitiesin the CBD. The City should initiate a program to place directional signs in the CBD, especially where Underground Utilities advance notice of no left turns is necessary. Signs should direct motorists to the major A plan for the eventual removal of all traffic generators such as the Courthouse, overhead utility lines from Sam Houston SHSU, and Sam Houston Park, as well as to Avenue, 11th Street and around the Court House public parking areas. Signage may also be Square should be developed. These streets used to divert through vehicles around the serve as major 'doors' to the City and should downtown area and, where turning movements are present a pleasing vista. To assist in this restricted, to alterate streets. endeavor, a task force representing the City, Gulf States Utilities, Huntsville Telecable It is recommended that the landscaping plan and Southwestern Bell Telephone should be for the Downtown Square proposed in 'The City created with the sole task of submitting a of Huntsville Downtown Study' should be recommendation to the City to accomplish this extended throughout the CBD. Further, proposal. Alternatives to be investigated should include underground installation and overhead service from the rear of the lots. CITY OF HUNTSVILLE. TEXAS PAGE 16 1989 COMPREHENSIVE PLAN �l �y Implementation measures should also be investigated such as the use of special districts. Summary The old Central Business District of Huntsville, known as 'Downtown' should be preserved as the centerpiece of the city's efforts at revitalization combined with historic preservation. In order to make the proposals contained in this plan a reality, the city must actively pursue public and private funding for these improvements. Specific proposals must be developed along with specific funding sources to bring about the overall revitalization of downtown. Further, the many and varied activities necessary to restore this vital part of the commerical and cultural history of Huntsville cannot adequately be covered in this general plan format. It is expected that these policies and recommendations will lead to many individual, detailed plans of action such as the existing THE CENTRAL BUSINESS DISTRICT REVITALIZATION PLAN - 1989 for the implementation of these goals. CITY OF HUNTSVILLE, TEXAS PAGE /17 1989 COMPREHENSIVE PLAN V GOAL SIX PROVIDE SUPPORT AND FACILITIES TO INDIVIDUALS AND GROUPS SPONSORING CULTURAL ACTIVITIES WITHIN THE COMMUNITY. The City, through its support, can assist in Tourism can serve to focus many community the provision of many diverse cultural events and activities toward a broader activities in the community. The City should purpose. Special stage events should be support, encourage and nourish an environment encouraged along with promotion of existing for the growth of a broad range of the arts in area facilities and events. A hospitality Huntsville, with the aim of integrating such committee could be organized to train service arts into the total life of the community. To personnel to welcome and inform visitors of this end, the City should encourage an the multitude of activities available in increase of quality arts programs provided for Huntsville. As a complement to the school age children, stimulate cultural restoration of important historical sites and diversiy in local arts programs, seek ways to buildings, "Historic Route" signs can be involve more senior citizens in the arts and placed at appropriate intersections and a provide an orderly plan for the acquistion of Cemetery Tour developed. visual art for public display. The City can also provide encouragement to the Community Finally, the City should foster the Chorale, broaden the scope and participation development of an entertainment market. of the summer HEAP programs and encourage Music, theater, festivals and visual art more extensive displays of works of art, should be provided for the public to enjoy. particularly those by local artists. Many such activities may be accomodated, for Encouragement should be given to the instance, in the restored Henry Opera House or continuation and expansion of the programs of the proposed Town Creek Amphitheater. Walker County Fair Association and the "Fair on the Square". To express its appreciation for for such activities as business beautification, clean-up/fix-up of areas around the city, landscape beautification along creeks and erection of aboretums, the City Council should establish a Civic Pride Award. Further encouragement of cultural activities may include support for the development of a multipurposemunity center to house convention activities, performing and visual arts activities and leisure activities, maintaining the commitment to high quality library services through improving and strengthening the municipal library program and encouraging the improvement of existing museums and the establishment of additional museum facilities. The public library, for instance, should be promoted more heavily as a community-wide cultural center. CITY OF HUNTSVILLE, TEXAS PAGE 18 1989 COMPREHENSIVE PLAN GOAL SEVEN HUNT HIGHS LEVEL OFULD EMPLOYMENT TO STABLE Y UTILIZE DIVERSE FUTUREECONOMY ALLOWING HUMAN RESOURCES OF THE COMMUNITY. Municipal governments have traditionally had (4) Assume risk. limited ability to control local economic events. One of the most successful methods of (5) Maintain accountability. municipal involvement in the economy has been as leader in economic development (6) Maintain a bipartisan political initiatives. Economic development may be _ posture. defined as the planning and implementation of activities designed to stimulate growth in the local economy. Three alternatives for In 1986 the City of Huntsville and the city-wide economic development are: Huntsville-Walker County Economic Development Corporation, Inc. (EDC) hired The Fantus (1) attraction of new business and Company to develop an economic development industry, plan. The final report, submitted in February 1987, pro,idetl a list of manufacturing. (2) expansion of existing business and wholesale trade and office targets on which industry, the EDC was to concentrate its efforts. (3) redevelopment/revitalizing of the In order for these efforts to prove fruitful, existing commercial areas such as the full support of the city must be provided downtown. to the EDC's efforts. However, to a great extent, economic development consists of Economic development is a responsibility that selling the prospective employer on the city is shared by local government and the private as a governmental entity and as an attractive sector and most efforts are directed to living and working environment. The City activities aimed at encouraging and should take a more direct, active role in facilitating growth in the private sector. A selling itself. A special city "task force" passive posture inhich a city simply should be created consisting of concerned w responds to proposals by the private sector elected officials, appointed staff and "line" will not necessarily result in growth that is employees with the expertise to guide and beneficial to the city. The city should assist all prospective employers in the establish a proactive development program operation of the city and in obtaining which seeks to channel growth into the types detailed information about all aspects of the of development and the areas of the city which city. City personnel capable of providing will cause the least negative effects on the assistance to developers of industrial qualityof life. The National League of activities should be active in all economic Cities provides six characteristics for development efforts. effective implementation: (1) Involve key actors in the city, both public and private. (2) Adopt a businesslike approach, avoid being either makeshift or bureaucratic. (3) Maintain a multipurpose approach. CITY OF HUNTSVILLE, TEXAS PAGE 19 1989 COMPREHENSIVE PLAN J)/�1 GOAL EIGHT SUPPORT EFFORTS AIMED AT HISTORICAL PRESERVATION AND PROTECTION OF VALUABLE HISTORICAL SITES OR STURCTURES Huntsville is rich in history. Unfortunately, Huntsville has only recently recognized the importance of its historic structures--too late for many to be saved. In 1981, the Houston-Galveston Area Council of Governments sponsered the development of an interim report entitled Walker County• Cultural Resources Inventory. To date, this has been the only source for an inventory of historic properties in Huntsville and Walker County. This report, which is adopted by reference as a part of this plan should be undated and expanded as soon as possible. Among the items to be addressed in the updated report should be the potential of sites and buildings for designation in the National Register, the development of the original site of the Pleasant Gray Trading Post and the protection and development of the site of the origianl Town Spring. Other efforts the City may make towards historic preservation would be to participate in the State Family Land Heritage Program and the development of educational information about Huntsville and its important buildings and historical sites. Finally, the City should seek funds through both public and private sources for the preservation and/or restoration of historic sites. CITY OF HUNTSVILLE. TEXAS PAGE 20 1989 COMPREHENSIVE PLAN 33 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-8 Disadvantaged Business Enterprise Program 06-27-89 RESOLUTION 89-13 A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE MINORITY BUSINESS ENTERPRISE PROGRAM; RENAMING IT DISADVANTAGED BUSINESS ENTERPRISE PROGRAM; REDESIGNATING THE CITY'S LIAISON OFFICER; ADOPTING 1988 FEDERAL DBA GUIDELINES; AND MAKING OTHER PROVISIONS RELATED THERETO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The Minority Business Enterprise Program (MBE) of the City of Huntsville, Texas, adopted September 1, 1981, in Resolution 81-15 shall hereafter be referred to as the Disadvantaged Business Enterprise (DBA) program. Further, all references to "minority" business enterprises are amended to read "disadvantaged" business enterprises (DBE). Section 2: Section III of the Disadvantaged Business Enterprise (DBE) shall be amended to read: III. Liaison Officer. The City Manager or his designated representative shall serve as the City's DBE Liaison Officer. The Liaison Officer may be contacted at City Hall, 1212 Avenue M, Huntsville, Texas 77340, (409) 291-5400. Section 3: Section IV, Paragraph D. Percentage goals for the dollar value of work to be awarded to DBE's (Section 23.45(9)), shall be amended to read: 1. The overall DBE goal shall be 10% of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). Each fiscal year, the City will review its various programs so as to identify those proposed contracts having potential for DBE participation. Section 4: The DBE program is further amended by the inclusion of the procedures outlined in the paper "Summary of DBE Policy", a copy of which is attached as "Exhibit A". These procedures, incorporated by reference into and made a part of the DBE program will be carried out, as applicable, by the City of Huntsville in implementing the DBE program. Section 5: The City Manager is directed to forward this document to the Federal Aviation Administration to,complete its application for grant assistance. Section 6: This resolution shall take effect immediately upon its adoption by City Council. APPROVED this 2 day of ci t/i7e 1969• THE CI Y OF HUNTSVILLE, TEXAS By Ja a Monday, Its Mayor (AT�. �! DeShaw, City Secretary AP OVVED AS TO FORM: Scott Bdunds, City DISADVANTAGED BUSINESS (DBE) POLICY OF THE CITY OF HUNTSVILLE, TEXAS A. Coverage This policy for disadvantaged businesses shall apply to City contracts under projects funded by FAA under the Airport Improvement Program (AIP) where the City receives planning funds in excess of $75,000 or general aviation airport funds in excess of $250,000. B. Goals 1. The City adopts a single overall goal for disadvantaged businesses (DBE's) of ten percent. This single DBE goal shall be used in bid solicitations which require a contract goal. (Attachment 1 contains a sample clause that may be used in these solicitations.) 2. The City DBE Liaison shall continue tokeep records on the awards made to the several disadvantaged groups. This information will -- be reported to the FAA on DOT Form 4630 or another-form. 3. The overall DBE goal should be based only on the Federal share of AIP contract awards. 4. The overall DBE goal is adopted for a one-year period. The overall goal must be updated annually. C. -DBE Definition 1. A DBE is defined as a small business concern: a. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and b. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. 2. Small Business Concern: a. Current Standards - Regulations of the Small Business Administration (SBA), 13 CFR 121, contain guidelines and standards for determining eligibility as a 'small business concern." The current standards are set forth in a Table 2 of the Regulations entitled "Final Rule Size Standards by SIC Industry" (Attachment 2). b. Average Gross Receipts for 3-year Period - The dollar figures listed in the SBA Regulations refer to the average annual receipts earned by the firm, including its affiliates, for the previous 3-year period. For example, the standard for electrical contractors is $7 million, meaning that the firm is small if its average gross receipts in the three preceding years is no more than $7 million. C. Size Determination of AIP Contractors - As a part of the certification process, the City DBE Liaison shall determine whether contractors who will perform on AIP projects qualify as "small business concerns." (1) For AIP contracts of $10.000 or less, the firm qualifies as small if it has no more than 500 employees. _ (2) For contracts over $10.000, the firm qualifies as small if it meets the size standards in SBA's Regulations 13 CFR Part 121, except that a ceiling of $14 million (average gross receipts in preceding 3-year period) has been established by the grant legislation. If the SBA's standard for a particular type of contractor, e.g., $7 million for electrical work, is lower than $14 million, the lower figure would govern. _If SBA's standard is higher, such as $17 million established-for general contractors; the - $14 million threshold takes precedence. The Major Groups in the SBA REgulations that may be relevant to AIP contracting include 15, 16, 17 and 87. 3. Socially and Economically Disadvantaged Individuals: a. Any person who,has a current certification from the SBA under Section 8(a) of-the Small Business Act is considered to be socially and economically disadvantaged for purposes of Subpart D. b. Recipients make a "rebuttable presumption" that individuals in the groups listed below who are citizens of the United States (or lawfully admitted permanent residents) are socially and economically disadvantaged. The presumption is a rebuttable one since other parties may challenge whether any particular person in one of these groups is actually disadvantaged. The groups are: (1) Women; (2) Black Americans, which includes persons having origins in any of the Black racial groups of Africa; (3) Hispanic Americans, which includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; (4) Native Americans, which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; (5) Asian-Pacific Americans, which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas; and (6) Asian-Indian Americans, which includes persons whose origins are from India, Pakistan, Bangladesh, and Sri Lanka. (Note: Sri Lanka was recently added as a "presumptive group" by the SBA and has not yet been incorporated into the Subpart D Regulations.) C. Persons who are not members of any of the "presumptive groups" listed in-b. may nevertheless be found to be socially and economically disadvantaged by the sponsor on a case-by-case basis. For example, a disabled Vietnam veteran, an Appalachian white male, or any other person may claim to be disadvantaged due to individual circumstances. If one of these individuals owns a business and applies for eligibility as a DBE, the City Liaison Officer shall determine, as part of-the certification,-whether that person qualifies as socially and economically disadvantaged under the guidelines in Appendix C of Subpart D, 49 CFR Part 23.._ It is emphasized that these persons would have to make an individual showing of disadvantage rather than on the basis of group membership. D. Challenge Procedures Any third-party may challenge whether the owner of a firm certified by the City DBE Liaison Officer or seeking certification, who is presumed to be socially and economically disadvantaged, actually is "disadvantaged. The City DBE Liaison Officer may also make such a challenge. However, the disadvantaged status of an individual who has a current certification under Section 8(a) of the Small Business Act is not subject to challenge. 1. Inquiry: When a written challenge is filed by a third-party, the City DBE Liaison Officer must conduct an inquiry and provide appropriate notifications to the parties involved. The inquiry may be informal; strict rules of evidence are not required. Section 23.69 of the regulations contains guidance on the procedures to be followed, while Apprendix C of Subpart D, 49 CFR Part 23 is the guideline for making determinations of social and economic disadvantage. 2. Eligibility Status: While the challenge is in progress, the presumption of social and economic disadvantage remains in effect, and the firm, if certified, may continue to be considered eligible. E. Directory The City DBA Liaison Officer shall compile and update the directories annually. The directory should include the addresses of the DBE firms. F. Steps to Verify Eligibility The regulations establish uniform standards for certifying the eligibility of the DBE firms. As part of the certification process, the City DBA Liaison Officer shall take at least the following steps in determining whether a firm is eligible: 1. Perform an on-site visit to the offices of the firm and to any job sites on which the firm is working at the time of the eligibility investigation; 2. Obtain the resumes or work histories of the principal owners of the firm and personally interview these individuals; 3. Analyze the ownership of stock in the firm, if it is a corporation; 4. Analyze the bonding and financial capacity of the firm; -5. Determine the work history of the firm, including contracts it has received and work it has completed; 6. Obtain or compile a list of equipment owned or available to the firm and the licenses of the firm and its key personnel to perform the work it seeks to do as part of the DBE program; and 7. Obtain a statement from the firm of the type of work it prefers to perform as part of the DBE program. G. Contract Award Mechanism The City DBE Liaison Officer, with approval of City Council, may award FAA-assisted contracts to bidders who meet the goals or who demonstrate that they made good faith efforts in attempting to do so consistent with the guidelines of Appendix C of Subpart D, 49 CFR Part 23. ATTACHMENT 1 LANGUAGE FOR BID SOLICITATIONS (49 CFR 23.45(h)) The bidder shall make good faith efforts, as defined in Appendix A of 49 CFR Part 23, Regulations of the Office of the Secretary of Transportation, to subcontract 10 percent of the dollar value of the prime contract to small business concerns owned and controlled by socially and economically disadvantaged individuals (DBE). In the event that the bidder for this solicitation qualifies as a DBE, the contract goal shall be deemed to have been met. Individuals who are rebuttably presumed to be socially and economically disadvantaged include women, Blacks, Hispanics, Native Americans, Asian-Pacific Americans, and Asian-Indian Americans. The apparent successful competitor will be required to submit information concerning the DBE's that will participate in this contract. The information will include the name an d — address on each DBE, a description of the work to be performed by each named firm, and the dollar value of the contract. If the bidder fails to achieve. the contract goal stated herein, it will be required to provide documentation demonstrating that it made good faith efforts in attempting to do so. A bid that fails to meet these requirements will be considered nonresponsive. a G o q o q - o q o q o0 oq o q QQ Q Q wWy" fill ilad yd a ; 3 �p�i �� ;��_�$ � � ��a�� & Al 1iCyB1i111, F MT j I i 1 .1 1 i I M i H I i Q f1 f2 ft Q Q St St 5Qt St Q fi E r i�0 y s ! TTI 1 x r 5a b3 3 isii33i� iia 13 a DY C O N ,f VdnN ~ ( > a . e A U W �� A N Z � i 0yp j{ ■qa lim = �> ,lgxty Q �i��ay4pp YY ' ss yny11) 111j- 11 I. j. c�]. I i 1 111_I npL�i�p}i 71 i Ay� iW ry� jy� fp��•�y� U 3 3 3 3 i3 33 dA l� �._ A 1 1gig H R 1 A a 2 E 11, 1 1 A a a I it T cc qs; mg,"11 111111q,1311,111111IN! Ill HT ass ■ t a � a ¢JJ p�p JAI j1hil 3y[ +p33$ 9y�y € WP3�� Yy �a� y� 58� �i �i yyy < 2 i �.• �R�. C•$${fi �. LL� ;ii�{•� > 2¢*1�LL� i Ti$� SWl7 ttY�� py■`�� ' LL 2U O YUU LL �i 6� �aLL 1 All U > �s ( iI i i i i I II iii - gs I RR RSR R mN CLS i o u "o b 3 g g i° 3 L l �+�t W N R w ry nn F 'g RffiRi9 1�. R R HU p PlJAPAHNIn23�W$¢3N6¢FICr; ¢iji �7LL� Q�ISLLy6 � 2�1� 3SE56i � U d O s JJJ333 � q ei '� »•• � �� ? v" oY $ ¢ a 0 'D p a ��;qy-(shy F u3.Q Wdy{ y pp 7� j7 j� q ,j spF£6 y y y u.0 � P JJ77 33 33" � w z 3 3 iS idd 3 6 3 l ui A ~ A aH as 2 « „22 R 2 a s lad n A �n A n n n s � zn az « A 0,21 IR ali 2 to 1 9 !Lk gn i i -11 Offill'"Ift! 'D 27, z I ir X. w fo C6 its HITal a HI nj T ga JIfli6Yi g� ;•xtg 4 � �g a ��p � y}Cp IIpE � f� �� ~iF E3�3��E}�R��3�W ss� sr{a � �a� �� V�■a �73�d� �� i n n M all 3 � to(l�Cp] Fj lip S � I =g '. W 6U Hurgy J -d I T i-P CY za s a 3 x� gI vi bb a��G W> W��cc j�ga�}$¢ a�♦ a� I>g Y 'Jill a'� Y �yz $T� � Iii �� -i.� �iu� film s mz 0660 d6 i Q� St Sid 5th 5t Q its SIX 75 2f is i5 it pE m ir $ _ $ a's$fi $_ $3 �f I Ise W ¢G g E • �Y W $ a{{ flil H Eppppyy yyyyyyy yyyyy {yy� U $'y�3355WWIyY W 4d W N m $ = yOryYr $� W W ¢WWW W W 1 1 atILLLL1 a i j •,iyi R I ...�� Z a z o it i �5> � ��W tit lie Z i lll(��J� < 333 LLLLLL i : 1. A A Federal Register / Vol. 53, No. 101 / Wednesday,May 25. 1088 /Rules and Regulations 18829 TABLE 2-FINAL RULE SIZE STANDARDS TABLE 2-FINAL RULE SIZE STANDARDS TABLE 2-FINAL RULE SIZE STANDARDS BY SIC INDUSTRY-(gntinued BY SIC INDUSTRY�iOnbnUed BY SIC INDUSTRY--Continued ata. o. n Sae $0e D=1,EhiwM,E� 1-lb.p Dav9Dm-M E.C. standards of Drrg PW--(N E C. WrwrOs n SIC .•.Haw o ml�cns &C CtawtsC wNer emDbreea SIC Not ENO h.0 er yeos e n 1967, p r7Nkpra C'I .•.Naw 0 n tp») p 0ollan SIL CoOa n 1997. p Odan &C CoOa n 1987, 0'mlwna Not UW n 19721 Not Ueed n 1972) OW Odars Foal R Te Feat Auk Fuel Ruk 3845'...._........Ekk�o'nedcal and 500 Map'Group 41-LOCA an0 Suburban Trane and MD1..............Manna Cryo 112 5 Apparatus. W nteruWnkapnwayPawgwTnnapoiabon KanOwp 1181'..............Tows, nd TWEoat 935 3851......__......OpnO,elmc 60003........ 500 4111............ LoCat Yid Suburban 93.5 &;= 3981................PpotoprapNc Soo T Ewpnam and arta:-. 4493'......._.....Wa•ws._..._..._.............. 135 /119................LOuI Pasae.per 13.5 4499'..............W4Ir Tlampo-abon &35 rhes. Transponew. Sauces,N1.0 3973................Watches.Cbtks. 500 N.E.C. Ctxkwpk 1121................Tasicapa____._..._.-.. 93.5 Mapr Group 45-Tnraporktgn try Ax a anda n.Devices, - 4131....._.........Inkrary,and Rual $3.5-and Pan.. But Transportatpn - 1572'_............As Tnnportabon. 31.500 -- _ un................Loral Bull Charter t3.S - 6ch,a0iAed Mapr Group 3P-Al4ustn.y0us MaMacnnnp- -San"Ca. - 4573'..............M Couyr$a.vrxs..... _41.500 _ tr,dualr,es /142_..............Sus Charter Service, _ i3.5 4522'...:..........Am Trarapork:pn._ •1.500 Except Local. TS-O-.. welry.Pradous 500 4157................SUcd Buap...._......._.. 13.5 _ s. $3 5 4591'..............Akppra.F Metal n7T..............T rnenal for 93.5 Sav,wa Ware.a.P4IW 500Were.ano Swnk» VMpa Paswgar Steel Ware. Tmnsporabon. Mam Group 49-P9Mbas.Evpt Natval Gas wekn'FnO+,ps Soo and Matarok.and Ma Gr 1912LaPda7 Work10- oup/2-Moor FrapM Trrapo-abon aM3 ....._._.._. usical nstrumena...... SOD wYenouss,p 1913........._.._ReSMd Petrdaun 1,60o -' 3942.._._...._...Ddts and ShM d 500 1211................Local T - p"krss Toys. N, tt2.5 1919................Ppknn,N.E.C.__.-.. it7.0 394/._.........._ Comes.Toys.and 500 4213................Truo".E.Cept i12.S F..pill't Velecka, LOW Mayr Group 47-TraNppt+bon Sns+cM B-ycI Doul and 4214................Lams TrunJrnp Wm 112.5 4724•........._. 7nvN Bcy0lat p"tonss___.-.. 10 5 Sporbrp and AtNauc 500 Stpape 4725'_............Toa Operator........._... 135 c215'..............Coua,Sorvic". 112.5 4728'..............Arta Goods,H.E.C. EtCpl senger y AF a 8,355 3951..._-._..Pana.Mechanical 500 4221.........._....Farm Product $12.5 Tnnspoombo, Peralta,and Pans. Warerglwrp and N.E.0 Lead Ponck, Soo Smrapa 4731•_..........Akin erttardof $12.5 Crayons.ant, 1222..........._... Arpsta'Materal, p aw :12.5 F-ghlTrarempand p 3953.__-Markup DeviOn..-__. Soo wYeh,o,lai,p ar,0 FreipM and Carpo 3855...-_Carport P &0r�. 4741*-..-- RenW p RNn1ad $3.5 _ aper arW 500 1225....._.........6ar,arY warYwir,O 112.5 Can 3991-•_-•CaMna JewWy aro $00 4229....._........SpacwI wry 4785'_._.to ad sic+oentaa0ana..._ ills - Coapura NovNtss tits EiOept Pry 4231..._....._...Ter-kw and J*d 93.5 w 5�ih,,cas W. Tamest for Mdor Vehr:k 7965'.-_-_.Faeranera.Butbns. SOO Maederarga Tranyonabm. Needles,and Pea Facapae 4 Motor 4789....._.-....Tranaponabon $3.5 7991-. mar &ooa ,d Brushes. Soo F-V Sehiosa.N.E.C. 3993.-._SWO an0 AtlsYpMy Soo Transportation. C S a9r. Mayr Group 48-'rwvrabons Una- aa4ta.- Soo Myo-Grow 44-Warr Tran3pptabon e �p6- lintwuM1 AapfaBe� 750 1812•_--.Ra6oto ph a 1.500 Fen-Base,L,d M12..--_ OaaD baa Forego 600 COnYrataObps Fl. Nerd Surface TrY,spplaWnp 4813•__.-...Telaphnna 1.500 Floor CorYkga, M r Fabpt Comnaotion- N.EC. M21•._....__..Deep Sea Dowwtic 800 E+c4Pt 7998.._ one Jr; _ N.EC. 600 pa M 4832._-.- Ra�o�B�uwn; 93.5 DMStON E- 4432'_....._.... Fre old Transportation, 500 ttabor,a TRANSPORTATION. C01JMt/NIGI• On Ta chat 1873.__-..Tale-wm 17.0 �S 'ELECTRIC,QA.S.AND SANRARY SERV. Lak s--ai aroa0oaatrq LAnenw,ca S-Y. atmoorr 4410•-.-..__.Wnar Transppation 600 1911'--.--Cade and oder Pay $7.5 Mw Grow 10--Aattoa0 T nsp norueon of FSea NX C. 1899...._..___.Co mucks:.. v.5 1481•_.._-. Deep 6ea - 600 - Ra4maSermes,N.E.C. da,Lkrh1W 1,500 TransportaaY,a 8013 R= 5�0et,p 5D0 by {Ago-(ypq 4p-zkcic.Gas,aro Se"Am aro Tarme,al 1191'...._.._-Fr4rrs 600 - tervicea EsaoBN,rrer" aa9D'.-.-..wakr TrY, ftoon 600 4Di1-.-_..Ektbc$erMCea.._..1 1 4rrtbn p N.EC 4 ,napewan �2 M y� W' asr iQWii �W Q I If • . GG ; i I i=.mai Aire � �� i;�� y�i$�;3.. ��•• �:J�J: �ii ��E i{e��y8y�� '" � � ��yy�� Ef. � � �{ ]Yp. x 8s • sb � � gn 8° 8""" 8 8, 88 8 8„"8 8 8" 8 8 8 8 8 8 8 8 88 8 8 8 8 pb 1. u j JA3yb• ip5}py W $°pgSyi �` i, 'ijQis8i$ �3{ar{!(fid {�8 3 Z °891 u� 3 � LL _GGG_ SSSccc� r 111777fff � 1 n • 5� 5 �A � 8 8 88 888 8 8 8 8 88 8 8 88 8 8 8 8 8 88 0 'o a ° � b$ � z $ bb F b 22 X7{2 • M2 >� 4� Q 78 I W W W �W 3 W W W S Federal Register / Vol. 63, No. 101 /Wednesday, May 25,1088 /Rules and Regulations 111831 TABLE 2--FINAL RULE SIZE STANDARDS TABLE 2--FINAL RULE SIZE STANDARDS TABLE 2-FINAL RULE SIZE STANDARDS BY SIC INDUSTRY--COntinued BY SIC INDUSTRY-Cor Cued BY SIC INDUSTRY-ContnUed Sae Sae .tand rds n Sae D.. 6�r'wM E.C. nnOr W M.E.C. Monow« DnapCwHN E.C. Lunr.a n SIC 0-fod,'.Nov, a"ployees WC WtNuM; �Nev elrlel►rra Nota.*- e or flw r a SIC Cade In 1967. a rn4lprH WC CAW n,967. R a'el,orla b1t Clawed.•.Nw 01 Not Used in 1972) CO dons Not USW ,972) 6l dollars SIC M 1997027)1 of dollars Fml Rut. FiW Ruts FNI Auk S421'__....Moat and Fen 935 5736'..............U-1 In.&Vnrrt (5.•foo0) p.5 6076'.............S.vkps lrrbnA,ona, 11100 10cwgFMWk.a. Star reaW No�Woally 4iannWa Mdbn,• proMap Grow 56--&WV and Dui"Flom s.3,._.._...�.OVegatabl. $36 Major Group e3-ww.,nm C�&,rs 5e12................Ealing Rama.E'+o.pt 93.5 Sut__...Candy.MAand f3.5 Fpotl S-. 6331...._..__...Fn.ManrN.and 11,500 Conl.Caal.ry Ihtrt tonal 0lfaa stores. 5812............... ito.0 Mlrsurarlm .......Food Scarce, 5451_-__....DaSry Roduca Star.. 113.5 I swul'onal - Major Group 64-Inw.rc. 9W'b•&oksrs,aro 5161'___....R.MII ask........_..... 13.5 5613................Dr.-AN pl.cr S3.5 Son"m 5.89...._._...M-ft nous Food $3.5 _ (AJO l S_V-9-14n64$1................In-ance Agents. -iJ 5 Map Group 55-Auta+o6n D-*.w!G.sohr. Major-Group S9--Mrsntlsn.ps A.tW _ I - -Brokers.Moto _ 6Wvice Wakorls . Srwm. 5912.............F'Fftop�Lory Stour and S3.S Motor Vaned.Dealers $11.5 ps Lory Slay. Major grow 85-RaM Estit. pew and Uaadl 5921.............. Star...._...__. $35 5521_._-.. Motor Ver.p.Drl.ra 1111.5 5972'............ MWWridse 13.5 6515....._.........ppWWafd f35 (UW ony). r. R.d.oal MON.5531__.Auto and Nom. S3,5 S&1.............. Goods $3.5 Nome Sn" syr _.GtS� r and Bcrycte ........_..............Lrs^ a Busdng $100 H.S ps Spam to Federal "Moon5942.............. tar._..____.. S3.5 Gww-.m Dy 555, _.Burt DwNrs._.._......._ $3.5 5943.............. sry Std"..._. 93.5 Owrsrs.. 5561_ P-"Wol VNaa4 935 -5944.............. y Star...___ -S3.5" 6531.............RMI Eaut.Agent ^S,.o- DaalWs 5945................lobar.Toy,and S3.5 end Manager. S571._._MMI-yd.Dealvs._. 93S Game Stops. 5599.___Ar tornpel,e Duds.. $3.5 5946................Coupe" $3.5 DIVISION I-SERVICES'• N.E.C.'•. Ph=Waphc Supply Stores Motor Grog 70--Neck.ROOWV Nows.Camps. Group old 56-AOperal and Amaaeory Stores 5P47............... GA,Ibuelly,and 53.5 and O6w Lod ;P. sm-Sr om i611 Man-s and Goys. 54.5 5946....._.........Luggspe and Loather 93.5 7011................haWa and look..__ $3.5 CW"and Goods Storr 7021.........._._.Roomng and 93.5 Aomsaory Stns 5949.._............Sewing.N.edawpk, 83.5 .621 Worrsn's and Pro Goods � Houses Sr".�o'A'9 ie.s Star. 7032......_........SpatrV and $35 . Rw 632'_ WWa Apo"aory 113.5 5961................Caubad"'a" f125 7033.._........... Rwrtons,VON,* 113.5 and SpayM. DOW/burs. Parka and Sbr". 5962................Autom oc 93.5 convulse 641--.CMaen's and kaams' 93.5 7041................O� �IWei 113.5 Was,Star. Mad1 651._Famry CbvsV N.5 59W.._...........Oats SeaeV $35 Sbr. E.laSlah , •hoses.on 661.- Shos Stora.__... 54.5 5983................Fuel CM Dears_ S6.0 Mone.rairw B N 699.._-... AM" and f3.S ................IrOuN,ed P.botn. $3.5 Mayor Group 72-N somal S.rvvw AppW.t and Gu(Batll.d Gu) Aomseay 509 D"1"'. 569:149'..............FUW O"Jors,KFC 835 7211............_..Power La1Mia• $70 5992............_.Fbruu.__ $3.5 Fam.y and Map Group 57-E1brns F-micyrnant �Fuyni- s,And SP93.....___..ToWcoo Worse and IMS ColmwGaL SMMti 7212......._.......Gamsm Pro wN' S3.5 S994....._..__..News and and AgWAa for 712._ Fumaaa 6brr„_, p.5 N.+aa0.un�W p.3 LauMsr erd t3._._._Fbor Do erft Swee. 93.5 b995•.._.._...Opbmt 714_ bads Sloan s3.s 7213........_..._.LkMn Supply_.___ 37 0 -- uptottary 6b� 117.5 599D.......___ Metar".N.E.C.s R.W 273.5 719sou, Star".N. 7215........_.....CO&LW&Mad 53.5 and honyhrNpWlpe p.5 DrvISION N--FINANCE.=AND REAL OrycYW+ng 722- bbr. ESTATE" 7216........__.Dan ryal.ar.V Pla. $2.5 -.4buashoid Appli nos $4.5 Escops 731• Warr Moor Grow 6P'-O.PmMar MeuAar cla-V� Roo.T.MvWon,aro 14.5 7217......_..._..Carp.t and Upnolswy S25 ElsclroCorrurw 6021•____.WdorW Cormrcval '•11100 Gssrv"0. 734•___ MPAs an Smna Banka. Myon 7216........._.....Industral LondWars... $70 Oar'p1rtW and 84.5 6022___._.Star 1.8700 7219.....__.....Landry ane lfvrrl.nt 93.5 Calprr Software Banes. Won Serves.NE.C.- 735• 6O�'----ConvlrualBrts, ' f100 7221..,___.pllptopSpnlc S6b,m, 53.5 R.my and 83.5 N.E.C. Yion Psoras. SRW�adeO Tats 6035•_._ Wwps wraa7sorr, 1.5,00 7231........_......Briny Shats..�_._.. 975 FedWYy CllaflWad Won 7241.,_„ B,,bW Shots...--- 935 « a «R 2 a A A 2 A S a ► � p f p WWA ni l dy�ye : ejualj. \ y 9j�e, EGe E E 11 1{ E go h q yq h 4 On §sE � � � = k L1'i tt ; a'' A BA A S A tt a A 8A a A R a Li a« o E 1 1� usill P I.I ill,p uf I 1511, jr jq 11 lit z I I -,Ill I s {LU I � I W WSIll � ! U gFBFEaa2 Lg yg• a■ a • aaqcwp'Y 8ce� ri � p § 5 ➢ aj0 afi LF •' �6E6- a F �aG e8 a : y dRE F a•i T�E a 5lR aar a _ 'I g, ni ae . �e' ap �• d^dg�F Mill all � ��» cc q gg _ - gjs$d$° d� Edsj 4` aR8d4daa� °$a � 8 aI $ as a " a � �• ab`� ^6�` 1ji' gig 'P a� ti d » E• Rol = aP ' 3Z$ � yY_� as1sIs6 l aeQd ;deg � ' ' ; g o �$ �' qad-� �� > ' � Fg ��d: �� a -:� w a G$PIT s 21 c5 ¢" w133 g �8�_y Jl�a� _ B G7,}L is a Y� 8� � � cif s I a � ��: 7 `•si\ y. .y�c _� n �8 G » »oHoH 2 2H $ a Q as ,. ,4 u i wT Z 'a�tc 9�d Fi € Eil"� a �Q gya r j Y�p"u�-Qekr"�� - i�'$'r Fi9z� � Q�g jig 1.118 12 0 d K 0 d a' N I a ' T � i 'O d C 'O s o ' 2 � n fi �stS ss+i -a�- o s s SES u > a3 FF ]C3'sEs Y'� U ESt ,Ea n z }�g -3•�� '� �E$c �� a�_�� U€aa 9.� � a$ � s��E�� • � ��$�Fi� ��fi . @3�� 88 �w f�� -a� - �c�� Wd� x� $�� mglll� _£ , as aai 4 J �a ��; � �� xg� F- _�xE3xa:a�$��c F�` � ��aa F��F�� - �•a- g�-� � � cc ` $¢ ggg x.•;E.B �Q� £ OR a�a ., - r3t8pr .& � Y:: SrSi ��-a a39 a � ��`d!Q"`3.$�Fiat39�so i RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-9 Grant-Thomason Park Development 07-18-89 RESOLUTION 89-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE. HEREINAFTER REFERRED TO AS "CITY", DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "CITY" IN DEALING WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE GRANT PROGRAMS: CERTIFYING THAT THE "CITY" IS ELIGIBLE TO RECEIVE ASSISTANCE UNDER SUCH PROGRAMS. WHEREAS, the United States Congress has passed the Land and Water Conservation Fund Act of 1965 (Public Law 88-578), authorizing the Secretary of the Interior to provide financial assistance to states, and political subdivisions thereof, for outdoor recreation purposes; and WHEREAS, the Texas Legislature has approved the Parks and Wildlife Code, Section 13.309 for the purpose of allowing the State of Texas, and its political subdivisions, to participate in the Federal program established under said Public Law 88-578, or such other programs as are hereinafter established by the Federal Government; and WHEREAS, the Texas Legislature has approved the Parks and Wildlife Code, Section 24,005 for the purpose of allowing the political subdivisions of the State of Texas, to participate in the Texas Local Parks, Recreation and Open Space Fund; and WHEREAS, the "City" is fully eligible to receive assistance under these Programs; and WHEREAS, the "City" is desirous of authorizing its administrative staff to represent and act for the "City" in dealing with the Texas Parks and Wildlife Department concerning these Programs; BE IT RESOLVED BY THE "CITY": Section 1: That the "City" hereby certifies that they ARE ELIGIBLE TO RECEIVE ASSISTANCE UNDER THESE PROGRAMS. Section 2: That the "City" hereby authorizes and directs its City Manager to represent and act for the "City" in dealing with Texas Parks and Wildlife Department for the purpose of these programs. The City Manager IS HEREBY OFFICIALLY DESIGNATED AS THE REPRESENTATIVE IN THIS REGARD. Section 3: The "City" hereby designates its Finance Direcitor as the official authorized to serve as the "City's" FISCAL OFFICER TO RECEIVE GRANT FUNDS FOR THE PURPOSES OF THESE PROGRAMS. Section 4: The "City" hereby specifically authorizes the officials to make application to the Texas Parks and Wildlife Department concerning the site to be known as Thomason Park in the City of Huntsville for use as a park site. THAT THOMASON PARK IS HEREBY DEDICATED (OR WILL BE DEDICATED UPON COMPLETION OF THE PROPOSED ACQUISITION) FOR PUBLIC OUTDOOR RECREATION PURPOSES IN PERPETUITY. INTRODUCED, READ AND PASSES by the affirma ion vote of the "City" on this 18th day of July 1989 i J e Mo da Mayor ATTEST: h Desi w, i y Secretary Approved Rc-t� to form: ax Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-10 Tax Abatement Policy 04-25-89 RESOLUTION NO 89-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING A TAX ABATEMENT POLICY. Be it resolved by the City Council of the City. of Huntsville, Texas, that: The City of Huntsville adopts this "TAX ABATEMENT POLICY": I. POLICY BASIS The City of Huntsville recognizes the need for greater economic development within the City and its extraterritorial jurisdiction, expanding existing industry, diversifying the economic base, and creating new jobs. In this regard, the City of Huntsville adopts a Tax Abatement Policy that will encourage growth to qualified property owners. This tax abatement Policy shall apply to approved present or potential owners of taxable property in the City, who: (1) own or are in the process of acquiring eligible real property in a Reinvestment Zone approved by the City; (2) are willing to execute tax abatement agreements on real property improvement and development designed to provide benefit to the eligible property and to utilize area contractors and work force to the maximum extent feasible; and (3) are operators of new or modernized manufacturing, research distribution, service, administrative, corporate or other business or industry facilities on the subject real property. II. APPLICATION Any present or potential taxable property owner in the City or its ETJ may request a tax abatement on particular real property improvements within a Reinvestment Zone by submitting a written request to the City Manager. The application shall be on form approved by the Council, and shall include: (1) a general description of the proposed use and the general nature and extent of the proposed improvements; (2) an estimate of the number of jobs which will be created by the proposed improvements; (3) a time schedule for undertaking and completing construction of the proposed improvement; (4) a statement of the assessed values of the property, separately stated for real and personal property, for the then current tax year; (5) a financial statement of each applicant showing financial capacity to compote the proposed improvement; and (6) a profile of each of the individual applicant(s) or its officers and directors. Each tax abatement application will be individually reviewed by the City Council and approved or disapproved based on the merits of the application and the guidelines and criteria set forth herein. In addition, in its discretion, the City Council may appoint a Tax Abatement Review Board including residents of major taxing entities within the City, to review and make suggested recommendations to the Council regarding each application. The City, upon the sole approval of the Council, shall by resolution either approve or disapprove each application for tax abatement. The City Manager shall notify the applicant of approval or disapproval. Any disapproved applicant may re-apply for tax abatement. The City Manager shall notify in writing the presiding officer of the governing body of each affected taxing jurisdiction of the receipt of an application, and effort shall be made to coordinate the requested tax abatement with such other taxing jurisdictions, if the abatement is approved by the City Council. III. GUIDELINES AND CRITERIA Before approving an application for tax abatement, City Council must determine that the proposed improvements meet the following guidelines and criteria: A. The proposed abatement will support economic development by expanding existing business or industry, diversifying the economic base of the City, creating new jobs, and/or substantially increasing City tax revenue after the abatement period ends. B. The proposed tax abatement shall not have a substantially adverse effect on City tax base or City budget. C. The proposed improvements and use shall not be adverse to public health, safety or welfare. D. Abatement shall only be granted for the additional value resulting from proposed improvements to eligible property constructed after Janaury 1 of the year in which the tax abatement is granted by official action of City Council. E. Abatement shall be extended only to the improved value of land, building, structures, fixed machinery and equipment and site improvement. F. Abatement shall not be granted for any property on which total or partial ad valorem tax exemption or devaluation currently applies, or is granted during the term of tax abatement. Granting of total or partial ad valorem tax exemption or devaluation to any part of the property during the tax abatement period shall cancel any and all tax abatement on the property, and render the terms of any tax abatement agreement on the property null and void. IV. DISCRETIONARY CONSIDERATION The following matters should be consider by City Council in its discretionary approval or disapproval of each tax abatement application: A. The proposed project should increase City property valuations at least $1,000,000.00. B. The proposed improvement should create a minimum of 15 new permanent jobs in the City upon opening for business, and should promote further employment in the City; or should increase City property valuations substantially over the minimum $1,000,000.00. C. Tax abatement will normally be considered for manufacturing or distribution facilities, corporate office, research parks, or similar facilities, if it can be demonstrated that their development would create substantial capital improvements or jobs. Generally, tax abatement is not designed to encourage speculative office development, retail development, or other service industries that market primarily in Walker County. D. The proposed improvement should not have the sole or primary effect of transferring employment from one part of the City to another. E. Non compliance with this policy shall cause the applicant(s) to repay the taxes abated as per the signed agreement. V. TAX ABATEMENT PLAN Tax abatement shall be granted effective with the January 1 valuation date immediately following the date of completion of improvements. Taxes on improvements shall be abated according to the following schedule: Year of Abatement Percentage of Taxes Abated First 100% Second 100% Third 100% Fourth 100% Fifth 100% Sixth and following 0% Additionally, one hundred percent (100%) of the value of eligible improvements shall be abated for no more than two (2) years during the period of construction of such improvement. Upon completion of improvements, as determined solely by City Council, the five (5) year abatement period shall begin as set forth above. If the period of construction exceeds two (2) years, improvements shall be considered completed for purposes of beginning the five (5) year abatement period. In no event shall the combined construction period and five (5) year period of abatement exceed seven (7) years of tax abatement. VI. AGREEMENT After approval and resolution, the City, through the Cit,, r, shall execute an agreement with the present or potential property owner on standard form as approved by the City Attorney's Office. All tax abatement agreements shall be in writing, and conform to the provisions of Chapter 312 of the Texas Tax Code. VII. SUNSET PROVISION This policy is effective as of April 25 1989 and will remain in force until 1991, at which time all reinvestments zones and tax abatement contracts created by City Council will be reviewed by the City Council to determine whether the goals have been achieved, and whether the policy should be continued. PASSED AND APPROVED this 25th day of April 1989. CITY OF HUNTSVILLE, TEXAS By .r Ja a Monday, Mayor C:Z.�Shiw, CityWcretar�y APPOVED AS TO FORM: � J Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-11 911 Telephone Auth.$.50/Month Fee 08-01-89 RESOLUTION NO. 89-11 WHEREAS: The 9-1-1 Emergency Telephone Number is a dedicated nationwide emergency number of police, fire and ambulance which provides major life saving advantages to citizens and public safety agencies; and WHEREAS: Article 1432F, of the Vernon's Texas Civil Statues, as amended, authorizes the establishment of the Advisory Commission on State Emergency Communications and the implementation of Enhanced 9-1-1 Emergency Telephone Systems in Texas; and WHEREAS: Article 1432f authorizes the implementation of 9-1-1 through the development of regional plans and allows for counties having a population of 120,000 or less and cities within those counties to participate in the plan by resolution of their governing bodies; and WHEREAS: Article 1432f authorizes the Advisory Commission on State Emergency Communications to establish in areas participating in the plan, a 9-1-1 service fee of not more than 50 cents a month per local exchange access line and a 9-1-1 surcharge on each customer receiving intrastate long-distance service of not more than one-half percent; and NOW, THEREFORE, BE IT RESOLVED THAT: the Huntsville City Council agrees to the establishment of enhanced 9-1-1 Emergency Telephone Number and authorizes the implementation of the 9-1-1 fee and surcharge in Huntsville and chooses to participate in the H-GAC 9-1-1 regional plan in accordance with Article 1432f. APPROVED and ADOPTED on this the 1st day of August, 1989. THE CITY OF HUNTSVILLE, TEXAS J Monday, Mayor All DeS , CiSecretary �arY AP R VEDA O FO ott B unds, Ci y Attorney 0® I , /\ City ®f Huntsville "TO BUILD AND SERVE A BETTER COMMUNITY' HUNTSVILLE,TEXAS 77340 1212 AVE.M. (409)2956471 August 2, 1989 Mr. Jack Steele, Executive Director Houston-Galveston Area Council P. O. Box 22777 Houston, TX. 77227-2777 Re: 9-1-1 Resolution Dear Mr. Steele: In formal action by the Huntsville City Council in their meeting of August 1, 1989, the attached Resolution No. 89-11 was unanimously adopted. This resolution approves the establishment of enhanced 9-1-1 Emergency Telephone Number and authorizes the implementation of the 9-1-1 fee and surcharge in Huntsville and chooses to participate in the H-GAC 9-1-1 regional plan in accordance with Article 1432f. Should you have any questions concerning this action, please advise. Thank you for your assistance. Sincerely, (7d A.e City Secretary cc: Gene Pipes City Manager Attachment I RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-11 Appraisal Board Nomination-W.V.Nash 10-10-89 RESOLUTION NO. 89-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, NOMINATING WILLIAM V. NASH AS A CANDIDATE FOR THE BOARD OF DIRECTORS OF THE WALKER COUNTY APPRAISAL DISTRICT. WHEREAS Section 6.03 of the Texas Tax Code provides for the nomination and election of a board of directors for the appraisal district; NOW, THEREFORE, Be it resolved by the City Council of the City of Huntsville, Texas, that: SECTION 1: The City of Huntsville, Texas, a taxing unit, nominates William V. Nash for a position on the board of directors of the appraisal district. SECTION 2: The mayor shall submit the name of the City's nominee to the chief appraiser of the district before October 15, 1989. SECTION 3: This nomination was authorized by this resolution of Council adopted on this the 10th day of October, 1989. THE CITY OF HUNTSVILLE by i Mayor, Jane Monday (—�--Rbth4eShaw, City ecretary APPROVED AS TO FORM: Scott Bound, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-12 Vote,Candidates,B.O.D.,W.C.Appraisal Dist. 11-14-89 RESOLUTION NO. 89-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DETERMINING THE VOTE OF THE CITY COUNCIL FOR CANDIDATE(S) TO THE BOARD OF DIRECTORS OF THE WALKER COUNTY APPRAISAL DISTRICT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS section 6.03 of the Texas Tax Code provides for the nomination and election of a board of directors for appraisal districts; and WHEREAS the governing body of each taxing unit entitled to vote shall determine its vote by resolution and submit it to the Chief Appraiser of the Appraisal District before November 15; and WHEREAS the governing body may cast all its votes for one candidate or distribute them among candidates for any number of directorships; and WHEREAS a copy of the official ballot is attached hereto; and WHEREAS in 1989 the City of Huntsville has 704 votes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that Section 1: The City Council of the City of Huntsville, Texas hereby casts its votes for the Walker County Appraisal District Board of Directors as follows: CANDIDATE VOTES For: John Amick Fred Cherry Ralph Lawson William Nash 704 Robert Oliphant J. S. Robinson Joyce Robinson Robert Smith Larry Waller Section 2: The Mayor is hereby authorized and directed to execute the official ballot of the City and to deliver its votes to the Chief Appraiser before November 15, 1989. Section 3: This resolution shall take effect immediately upon passage by City Council. J, • • PASSED AND APPROVED this 14th day of November, 1989. THE ITY OF HUNTSVILLE By: , J M NDAY, AYO ATTEST: De haw, City Secretary APP OVED AS TO FORM: tt Boun City At orney Walker County ��` Appraisal District APPRAISAL DISTRICT BOARD JURIS IJI(:'H(7N S: CHAIRMAN —I llt L.wsoll J�i [:I.Y n1 Hn.......... (:IIY of uiw w;Ivrrly VICE CHAIRMAN 11.11 111—11119 P.O.BOX 1798 11819 SYCA\IOREI my r,f Rn\r.,k li Elkins I.nk\•\1.1'.11. SECRETARY HUNTS V I LLG.TEXAS 77342 1798 nnlss,ill%,I ti I1 Fn11[:herr.' 409/295 0402 Or 409/295;0188 w\1 .♦r•rlY I.R.11. Jnn Amick Rnl xn OIIPllftnl „fticM1;rn is I.S.Ii Roninsnn nl kaY[:,,n nlY Inyce Rnninun V:11ker(:n.!nsPllni I1lneni I CHIEF APPRAISER \\unlswil110nwn.\Lt!.I 1. 0111,cr A.I.nnk OFFICIAL BALLOT In compliance with the State Property Tax Code, Section 6.03, candidatesto fill the seven seats on the Walker County Appraisal District Board of Directors for the 1990-1992 term are to be voted on from the following list of nominees: Candidates Votes Cast John Amick Fred Cherry Ralph Lawson William Nash 704 Robert Oliphant J. S. Robinson Joyce Robinson Robert Smith Larry Waller Jurisdiction CITY OF�UNTSVILLE Presiding Officer st NOVEMBER 14, 1989 Date -An Equal Opportunity Employer" RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-13 Designates City Autos as Unmarked Autos 11-14-89 RESOLUTION NO. 89-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES: AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS Tex. Rev. Civ. Stat. art. 6701m-2 generally requires all city owned vehicles to be clearly marked; and WHEREAS state law permits the governing body of a city to designate motor vehicles used by the police for purpose of performing official duties to be unmarked; and WHEREAS the State Department of Highways and Public Transportation requires that the designation of unmarked motor vehicles be made by resolution describing the motor vehicle; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The following vehicles used by the police department of the City of Huntsville, Texas, for the purpose of performing official city police duties are hereby designated as unmarked vehicles: Year Make Serial Number 1982 Ford 1FABP21B7CK100532 1985 Ford 1FABP3933FA163396 1985 Ford 1FABP3933FA117356 1981 Dodge IB3BR47KOBA118481 1986 Dodge 1B3BD26D8GC199506 1986 Ford 1FABP26MOGF231715 1981 Chrysler AC3BM46E3B6150304 Section 2: The City Manager and Purchasing Agent are hereby authorized and directed to execute any and all forms necessary to receive license plates for these vehicles that do not indicate the vehicles are owned by a government agency. Section 3: This resolution shall take effect immediately upon passage by Citv Council/.' I PASSED AND APPROVED this I4th day of 1989. THE CITY F HUNTSVILLE By e I Jane�Monday, Payor EST• DeShaw, ity S cretary APP 0 •D AS FORM: Scott Bounds, City Attorney RECORDS SERIES TITL E: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: �l�Sb'Id ttl��l 79-lel �SSemLtj RESOLUTION NO. 89-14 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY 1990 BE IT RESOLVED, by the Mayorand City Council of NLIr)-tsyiIIP. , Texas, that �C I�Gt/ 7tnfOcII-Q _ if be, and is hereby, designated as its representative to the General Assembly of the Houston-Galveston Area Council for the year 1990. FURTHER, that the Official Alternate authorized to serve as the voting delegate should the hereinabove named delegate become ineligible, or should he resign, is Tc4 rune ' �_- 0—arte-r THAT, the Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the 14-rh day of oU e m h 2 1990. APPROVED: Mayor ' ATTEST: RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-1 Honors H.H.S.'89 Hornet Football Team 01-09-90 CITY OF HUNTSVILLE RESOLUTION 90-1 HONORING HUNTSVILLE HIGH SCHOOL '89 HORNET FOOTBALL TEAM WHEREAS during the fall semester of 1989, the Huntsville High School Football Team distinguished themselves, their alma mater and the community of Huntsville; and WHEREAS throughout the regular and play-off season the accomplishments of the Hornets brought statewide and national attention to their hometown; and WHEREAS the 1989 Hornets continued to add chapters to the legend of championship accomplishments that have been logged over the past four decades by the youth of our community; and WHEREAS each victory recorded in Class 15-5A competition through district, bi-district, the area and region championships and the individual recognition accorded to outstanding players at various positions inure to the credit of every player on the team, their managers, trainers, coaches, cheerleaders, band, drill team, pep squad, students, faculty, administration, and fans who all did their very best to contribute to the team effort; and WHEREAS the pride in their individual and collective accomplishments raised the community spirit in an incalculable way that, in a fashion, they not only carried themselves to the rarified heights of the quarterfinals of the state's highest interscholastic classification competition, but also propelled an entire city to come along for the thrill; and WHEREAS while the eyes of the sport fans of Texas and the nation were on them, they rose to the challenge and played "all-time" great games in Baylor and Texas stadiums which will be etched in our memories for offensive and defensive heroics and record setting accomplishments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, CITY OF HUNTSVILLE, THAT: The 1989 Huntsville Hornet Football Team be accorded the recognition, congratulations and appreciation of their community for a successful season of championship and record setting football competition. The future of our society is assured by the dedication and effort that these young people displayed in these achievements. May every citizen extend heartfelt thanks and appreciation for a job well done. Passed and Approved this the 9th day of January, 1990, and to attest is hereby ascribed hand of the Mayor and affixed the seal of the City. CITY OF HUNTSVILLE, TEXAS NE MONDAY, MAYOR RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-1-9.2 H.H.S.Hornet Football Decade of The'80's 01-09-90 CITY OF HUNTSVILLE RESOLUTION 90-1-9.2 HONORING HUNTSVILLE HIGH SCHOOL FOOTBALL DECADE OF THE `80'S WHEREAS the quality of any program is more accurately measured over an extended period of time; and WHEREAS the decade of the 1980's has been a period when Huntsville High School athletes in general and Hornet Football in specific has been judged to be of exceptional quality; and WHEREAS championship records and honors bestowed on teams and individual athletes through on-the-field competition and by those who closely follow the game are the benchmarks by which predecessors and successors are always evaluated; and WHEREAS Huntsville Hornet Football has been accorded many titles and honors over the past ten years to include: Games of the Decade Selection - Houston Chronicle, Huntsville vs. Lake Highlands, 1989-5A Regional, last minute come from behind victory Top 1.0 Teams of the Decade - Houston Chronicle, 1980 State Champions Class 4A (12-1-1) State Passing Record - Steve Clements, Huntsville, 8,204 yards 1986-89 1989 Season Passing Record - Steve Clements, Huntsville, 3,712 yards - Parade All America - A.P. All State Texas High School Player of the Year 1980 State Championship - Class 4A 1989 Quarterfinalist - Class 5A Eight District Championships Five Bi-District Championships One Area Championship One Quarterfinal Championship One Semifinal Championship The 7-0 win over Klein Oak in the 1989 play-offs gave Huntsville bi-district wins in two consecutive seasons. The only other time this occurred was in 1952-53 when Joe Clements was quarterback. This game was also the first play-off shut-out since the 1980 State final game against Paris won by Huntsville 21-0. In the first four years in U.I.L. Class 5A competition, Huntsville was 36-11 with two District Championships. The Hornets have never finished District 15-5A lower than second. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, CITY OF HUNTSVILLE, THAT: Recognition and appreciation be extended to Coach Joe Clements and to all of the coaches, players, trainers, managers, band, cheerleaders, pep squad, drill team, students, faculty, administration and boards of the Huntsville Independent School District of the past ten years for these outstanding achievements which have added immeasurably to the legend of the Hornets and inspired us all. Passed by unanimous vote of the City Council, City of Huntsville, this the 9th day of January, 1990, and to attest is ascribed the hand of the Mayor and affixed the seal of the City. CITY OF HUNTSVILLE, TEXAS J NE MONDAY, MAYO RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-1-9.3 Widening of State Hwy.75 North 01-09-90 s CITY OF HUNTSVILLE RESOLUTION 90-1-9.3 WHEREAS the Texas Department of Highways and Public Transportation Resident Engineer for Huntsville has notified the City of the department's intention to widen State Highway 75 North from 11th Street to the intersection with IH-45 (at the Airport) to five lane status, four travel lanes plus a center turn lane, in a June letting of 1990; and WHEREAS the City will of necessity and conformance with our Utility Capital Improvements Master Plan build a 12" water main on the west side of the existing right-of-way prior to Texas Department of Highways and Public Transportation beginning construction and acquire a ten foot utility easement for same; and WHEREAS the City of Huntsville desires the Highway Department to design and construct a four foot sidewalk on both sides of the existing roadway to facilitate existing and expected pedestrian traffic along the route. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, CITY OF HUNTSVILLE, THAT: All costs associated to the sidewalks (estimated at $226,000) will be paid and provision of any necessary right-of-way and working easement for the sidewalks or utility construction projects will be provided by the City at the appropriate time. Passed and Approved this the 9th day of January, 1990, and to attest is hereby ascribed hand of the Mayor and affixed the seal of the City. CITY OF HUNTSVILLE, TEXAS 1 -'JANE MONDAY, MAYOR/ RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-4 Canvasses Returns From 01-20-90 01-23-90 I RESOLUTION NO. 90-S` A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 20TH DAY OF JANUARY, 1990, FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR AT-LARGE POSITIONS; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF SAID ELECTION WAS DULY AND PROPERLY GIVEN AND THAT SAID ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS, pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 23th day of January, 1990, proceeded to canvass the returns of the Regular Municipal Election held in the City on the 20th day of January, 1990, for the purpose of electing four councilmembers at-large; and WHEREAS said Election was held under and pursuant to the provisions of Ordinance No. 89-32 calling said Election; and WHEREAS said Election having been duly and regularly had as called in said ordinance and according to law, and the returns thereof having certified the results of said Election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of said Election and finding that the total votes cast at the Election were as follows: FOR COUNCILMEMBER AT-LARGE, POSITION ONE 0. EUGENE BARRETT................... 121 WRITE-INS .......................... 30 FOR COUNCILMEMBER AT-LARGE, POSITION TWO ILA G. GAINES....................... 128 WRITE-INS........................... 25 FOR COUNCILMEMBER AT-LARGE, POSITION THREE JIM CARTER.......................... 134 WRITE-INS........................... 12 FOR COUNCILMEMBER AT-LARGE, POSITION FOUR BILL GREEN.......................... 118 WRITE-INS........................... 32 AND WHEREAS the City Council of the City of Huntsville finds the Election returns set out above to be accurate and correct, and no Election protest or contest has been filed with said Council or instituted in connection with said Election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT: Section 1. 0. Eugene Barrett received a majority of the votes cast at said Election for the office of Councilmember At-Large, Position One, and accordingly, 0. Eugene Barrett is hereby declared elected to the office of Councilmember At-Large, Position One, subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. Section 2. Ila G. Gaines received a majority of the votes cast at said Election for the office of Councilmember At-Large, Position Two, and accordingly, Ila G. Gaines is hereby declared elected to the office of Councilmember At-Large, Position Two, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 3. Jim Carter received a majority of the votes cast at said Election for the office of Councilmember At-Large, Position Three, and accordingly, Jim Carter is hereby declared elected to the office of Councilmember At-Large, Position Three, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4. Bill Green received a majority of the votes cast at said Election for the office of Councilmember At-Large, Position Four, and accordingly, Bill Green is hereby declared elected to the office of Councilmember At-Large, Position Four, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 5. City Council finds that the notice of said Election was duly and properly given as required by law and as provided in the Ordinance calling the Election, and that said Election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the Election, and in all things according to the law. Section 6. This resolution shall take effect immediately from and after its passage. APPROVED THIS 23TH DAY OF JANUARY, 1990. THE CITY OF HUNTSVIL � TEXXAA By '!mG JA�iMONDAY,-Its Mayor (ZiDeihiw, City4e�reta�ry App ro d as form: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 90-05 Title: DESIGNATES CITY ATTORNEY TO ENFORCE DEED RESTRICTIONS Date: 01-23-90 MINUTES OF JANUARY 23, 1990 BOOK"0" 13 two interests might not be 1007. in agreement as the suit proceeds. He said they think they will be substantially in agreement, i.e., 80-907., but periodically, there may be some disagreements about what the city needs versus what the neighborhood needs and what the city sees as best and what the neighborhood sees s best. He said they have to go into this, in a sense, along with the City with that understanding. In addition he said it might be that they might want a private attorneyat some levet and the not telling them to do that and not saying they have to do that, but because there might be some difference, and even thought it might be slight, it might not hurt for the neighborhood to consider the possibility of retaining an attorney at some point. He said that may not be useful, but the Council needs to make it clear to them that the City's interest could diverge slightly as the suit proceeds. Councilmember Gaines agreed with Councilmember Carter, and noted she is also sympathetic and reiterated what Councilmember Carter said in that there may come a time when the residents may not feel that the City is acting in their best interests, but they have to recognize the fact that they are representing the city and those two interests might not coincide. she said she cants them to always know that whatever i' the outcome of this might be, that the City is sympathetic with them and that they are working to bring the best possible solution to this problem, but they do want them to know that at no point will the City be Ij against them, but maybe the circumstances will make it appear that way. She said some things may happen that the City cannot control or they might enter into something that might make it appear that the city is not representing their specific interests. she said they don't know what that might be, but want them to i understand and realize this up frontthat the city is sympathetic and as in any court case, it is going to do the very best for them that it can n possibly do, given the circumstances umstances and whatever might develop from ii that. I Councilmember Green noted he is glad all of the residents are here. He said he thinks it is i� important that they all recognize the fact that they have a valid issue and the fact that they do have deed restrictions is really what gives them the right in court to protect the sanctity of their property, because �i when they went into those agreements, in Fact, it as a voluntary agreement and their Subdivision has remained in tact essentially for 30 years. He said as times change, of course, some times deed restrictions are attacked and here isone of those circumstances. He said he hopes the city's intervention j will benefit the residents because he thinks it is not only for this subdivision but for all subdivisions that have deed restrictions, as the city needs, as best it can, to protect the sanctity of those private j arrangements. He reiterated s of the things s of the others said in that the outcome may not be what any of them want it to be as they cannot guarantee s that because that is going to be ultimately decided by the Court and they do want the residents to recognize the City supports them as they try to protect their. property. I I Mayor Monday then asked for a motion to support a resolution, the caption of which is as follows_ RESOLUTION NO. 90-5 II A RESOLUTION OF THE HUNTSVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO INTERVENE, ON BEHALF OF THE CITY, IN A LAWSUIT TO ENFORCE AND DEFEND DEED RESTRICTIONS IN THE G. A. WHITE SUBDIVISION Councilmember Barrett made the motion to adopt Resolution No 90-5 Councitmember Howard seconded the motion. Discussion: Mayor Monday noted she appreciates the phone calls she has received and havingalt of the residents here this evening. She said there will be the very best interaction possible and the Council will be following this case very carefully. She told the residents not to hesitate to call them and interact j with them concerning this. Councilmember Carter said if the residents see them diver Ir What they ant. the Council not be cg back f the" but theCouncil d s want th t to ll hem that. He said they have a good City Attorney, but they need to hear that just as much as he does. He said '! if the residents get upset along the line they should not put all of that burden on the City Attorney �Ibecau a the City Council is n this too and they t to k about itwell., Mr. Cantrell thanked the Mayorr nd Council for their consideration. All were in favor and the motion d unani.oustv. it j i MINUTES OF JANUARY 23, 1990 BOOK"0" 14 CONSIDER CONCRETE WORK--UNIVERSITY AVENUE WATER LINE PROJECT Consider bids for concrete work on the University Avenue water line project [No. 89-02-021 to Spivey Construction in the amount of$11.411 to be paid as indicated. Mr. Gene Pipes, City Manager, advised there were four bids received, ranging from $11,411 to $15,143. He then presented the staff's recommendation to award this bid to Spivey Construction in the amount of $11,411, to be funded$5,749.50 from Water [Account No. 07-62-96221 and Streets (Account No. 08-03-91841; Councilmember Gaines made the motion to approve of the bid from Spivey Construction as outlined and funded above and Councilmember Barrett seconded the motion. All were in favor and the motion passed unanimously. CONSIDER BLACK CHIP ROCK Consider single source purchase of black (lava) chip rock from Vulcan Materials in the amount of $10,680 to be paid from budgeted maintenance funds Mr. Gene Pipes, City Manager, advised the approved 1990 street priority list has 11 streets on it to be seal coated. The amount of chip rock needed to complete the project is 300 tons of grade#5 and 50 tons of grade#4, and will cost as follows: 300 tons of#5 a$30.55=$9,165, or 25 cents less per ton from lost year; and 50 tons of #4 a $30.30 = $1,515, or the same as last year. Since Vulcan Materials is the only source of this type of rock, Mr. Pipes said the city is requesting permission to one source the purchase and to expend the $10,680 from capital street funds. Councilmember Howard made the motion to approve of this one source purchase in the amount of$10 680 as outlined above and Councilmember Gaines seconded the motion Discussion: Councilmember Knotts said the city is paying about double the price to get a higher grade of material, but they could get the same material from East Texas Stone except for the color; however for only 300 tons, it would not make a lot of difference, but if they were to get 3,000 tons, he would express some concern. All were in favor and the motion passed unanimously, CONSIDER BIDS POLICE CARS Consider bids for three police cars to Moore-Henry Motors in the amount of$11.900 per unit to be paid from budgeted funds Mr. Gene Pipes, City Manager, advised it is the City's intent to purchase three new 1990 full size cars with police packages. He noted the city considered state contract purchase [$12,298.22/vehicle), H-GAC [$12,025/vehicle], and formal bid [$11,900/vehicle), and chose the formal bid process to get the best ricing. He then presented the lowest bid meeting specifications from Moore.Henry Motors, noting four bids were mailed out. Councilmember Knotts made the motion to approve of the bid to Moore-Henry Motors and ouncilmember Barrett seconded the motion. Discussion: Councilmember Carter noted in many instances, ublic vehicles are bein converted to natural as and there has been some movement in the state of Texas for that to occur. He asked the staff to check on the possibility of natural gas vehicles for the police feet that we are about to urchase over the next 5-10 years. Mr. Pipes said the staff has not moved on his but wants to explore converting the entire fleet. He said it is not a matter of changing anything on he unit but is a matter of safely adding an appropriate attachment to the vehicles and purchasing refueling acks. Councilmember Carter encouraged the staff to look at this because he 'sees this trend developing and it looks like to future for public fleet vehicles of all types and that would include dump trucks and heavy quipment as well. After another question for clarification, all were in favor of the motion on the floor nd it assed unanimousl . RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-6 Honors Huntsville High School Academic Team 01-30-90 CITY OF HUNTSVILLE RESOLUTION 90-6 HONORING HUNTSVILLE HIGH SCHOOL ACADEMIC TEAM WHEREAS the Texaco Star Academic Challenge Competition has been ongoing through the fall and now into the Spring Semester of the 1989-90 school year, and, WHEREAS the Huntsville High School team began preparing for the competition in the Spring of 1989 for the fast paced academic contest which highlights the knowledge and quick thinking skills of the brightest students from 88 high schools from a broad region of Southeast Texas, and, WHEREAS the weekly matches of the head-on-head competition has been televised on KPRC Channel 2 Houston across their extensive viewing area which has served to bring recognition and credit on all of the competitors, their schools, sponsor, and their communities for the knowledge demonstrated, and, WHEREAS the H.H.S. Hornet Team has prevailed throughout the long competition season in each of their dual matches and now prepares to enter the final round against Bellaire High School of Houston on February 7, 1990, to decide the championship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, CITY OF HUNTSVILLE, THAT: Congratulations on this outstanding achievement and thanks for the honor brought to the community of Huntsville via their effort be extended to the Huntsville High School Academic Team which consists of: Kenny Fair, Captain Christina Biles Steven Dinh Greg Kernek Richard Koehl Joanna Fair Ms. Shirley Jackson, Sponsor Ms. Connie Parker, Sponsor and to the students, faculty and administration of Huntsville High School and H.I.S.D. as well as the parents of these gifted students for their support. AND, BE IT FURTHER RESOLVED THAT, the entire community is hereby encouraged to support this team in its final match by declaring February 7, 1990, HORNET ACADEMIC DAY in Huntsville in order that the citizens of Huntsville may show our support and appreciation for the sacrifices, effort and success of these students in this thrilling competition. Passed and Approved this the 30th day of January, 1990, by unanimous vote of the City Council, City of Huntsville and to attest is ascribed the hand of the Mayor and affixed the seal of the City. CITY OF HUNTSVILLE, TEXAS JANE MONDAY, MAYOR RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-7 Traffic Signal-Auth.Mayor to Exec.Contract 02-13-90 RESOLUTION 90-9 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Huntsville SECTION 1. That the certain agreement dated r ./3/�I between the State of Texas and the City of Huntsville , for the installation, construc- tion, existence, use, operation, and maintenance of certain highway traffic signals/illumination at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Huntsville , be and the same is hereby approved, and !//�yj]j� rJigtiE ir/Qypyy is hereby authorized to execute said contract on behalf of said city and to transmit the same to the State of Texas for appropriate action. SECTION 2. That this Resolution shall take effect immediately upon its passage. ADOPTED: APPROVED: i Mayor AT P'_'��S�ecr. ary�� City Clerk APPR VED AS TO FORM: _�s'Lel i y Attorney RESOLUTION (TRAFFIC SIGNAL/ILLUMINATION) 11-84 1-1 RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 90-08 Title: ADOPTS INVESTMENT POLICIES Date: 02-27-90 Council embe Gree sa"d he is not Goin to vote for this n t because he has a particular problem with thePlanning commission tin s theZoningCommission if we are going to have zoning but he still thinks it is a mistake for the city to adopt a zoning ordinance. Upon a vote of the motion on the floor, all were in favor EXCEPT COUNCILMEMBER GREEN and the motion passed by a vote of IT to 1. CONSIDER DEPOSITORY CONTRACT Consider the City depositor"contract, act as recommended by the finance committee--Dr. Bill Green, Chairman Mayor Monday noted first of all we will be considering the investment policy portion of this item. Councilmember Green noted the two items for consideration are the depository contract and the related investment policy. He said the depository contract requires that we have in-place an "investment policy." He said the investment policy defines who can invest funds, what the objectives are, responsibility and control, and what are authorized investments according to state law, and it essentially lists only those things which are allowed by state law under various statutes and collateralization requirements, and a few other things that relate to the depository agreement. she said this has been discussed for some time with the fiance and audit committee and they are recommending at this time that the city adopt this investment policy, as presented. Mr. Gene Pipes, City Manager, presented the resolution, the caption of which is as follows: RESOLUTION NO. 90-8 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ADOPTING POLICIES FOR INVESTMENTS; AND MAKING OTHER PROVISIONS RELATED THERETO Cou cilmember Green made the motion to adopt Resolution No 90-8 setting out the City's investment policies of March 1 1990 and Councilme ber Knotts seconded the motion All were in favor and the motion passed unanimously. Councilmember Green advised that the city's current depository contract with FNB expired on February 20, 1990. He said the committee has been working for some time to develop a new depository contract. He then recommended the city accept the depository contract with First National Bank of Huntsville. Cou cilmember Green made the motion to accept the depository contract with First National Bank and Councitmember Gaines seconded the mot" [Councitmember Hammock advised he is "not voting" on this item and then filed with the City Secretary -'affidavit f substantial interest in a business entity."] All e in favor nd the t" d by a vote of eight with' not voting.-- CONSIDER oting."CONSIDER ELECTRIC POWER TO AN AUTOMATED SURFACE OBSERVATION SYSTEM AT THE AIRPORT Consider a request to pay for electric power to an automated surface observation system at the airport, as _proposed by the F.A.A. and National Weather Service Mr. Glenn Isbell, Director of Design Engineering, advised on February 5, 1990, a survey team from the Planning/Architecture/Engineering/Interiors firm of Leo A. Daly was at the Huntsville Municipal Airport n order to accomplish the site survey work for the Automated surface observation System (ASOS). A letter from its Civil Engineer, Eric R. Pehrson advised this is a joint venture program for the National Weather S rvice (NWS) and the FAA and that associated costs borne by the NWS are procurement. installation and maintenance. Mr. Pehrson advised it is the policy of the NWS, wherever possible, to use power from the FAA; however, when this is not possible, the NWS asks the cities and/or airports to bear the electrical power costs. Mr. Pehrson's letter also noted power consumption for the acquisition control unit is 1300 watts continuous; and that the power for the sensor group can be as much as 2500 watts continuous. He noted the power for the sensor group is dependent upon the ambient air temperature; there are two hearing elements in the data collection package and a heating element in each of the s n o ; thermostats ar e used to maintain the instruments at operating temperature; the colder the climate, the more power will beused; the power i estimated for the Huntsville a a for the sens r group to be much less than the ma - of 2500 watts; it i "mposs"bl to telt tiv whet th po a Quid be as this system is still unde redevelopment; and the MINUTES OF THE FEBRUARY 27, 1990 COUNCIL MEETING BOOK"0" 45 estimated monthly costd 'n cold weather could be as high as $250, based upon$.09/kwh. The Council was advised by his letter that the NUS is asking the City to pay for the cost of power for this equipment, however, if the city canMr.rnot afford this cost, other arrangements wilt have to be made but the airport will stLit receive ASOS. MI b ll advised d' t P h s the power consumption would be $3 000 per year. Mr. Pipes said this system is accessed b/ radio to give the onground conditions at the Huntsville Municipal A' port 24 hours a day, 365 days per year without need for manual intervention. He said the. ecIuipment will ` -a ^ • - Located windsock sidef the ' port and will be i an independent structure and will need tbheated d dcooled in orderto be operated and maintained property. He said the entire installation t noted above. will be borne by the Nw5 and FAA He said the City needs to assure that it will pay f the electrical is which could u as high as $3.000 per year as Mr. Pehrsonsr letter advised. He said the installation OIL not take place rapidly enough to seriously impact this current year budget, which only has $5,000 budgeted for airport maintenance. He said with the Council's concurrence, an authorization will be made of funds up to$3,000 per year to be expended for the electricity. He said the city should have a good track record by next year's budget and will be able to go on from there. He said ref s l to fund the ASOS wilt not necessarily kill the project but it will cause the FAA and the NNS to took Lse h f a possible so f f ndand could indicate somewhat of a"lack of support"on the part of the 'tv f th concurrti d grant t Lure by theFAA f of the Huntsville Airport. He strongly urged their ence with this request. Councilme b r Barrett ode the otion to approve the authorization of up to E3,000 to fund of ectrici[V for the oyer [ion of the AS system and Councilmember Gaines seconded the motion. Discussion: Cauncitmember Bell asked if this means the City of Huntsville Oil appear on the Weather Channel, as a monitoring station. Mr. Pipes said he did not know how that information is gained. He said this is free airinformation that might be able to be accessed for that purpose. Mayor Monday felt this will be a great asset for the number of planes that ace our airport. Mr. Knotts thought one might be able to call in and get the weather at this station. Mayor Monday said she is pleased this equipment wilt be funded by FAA and felt there i a lot of merit to continuing the city's excellent working relationship with FAA. All were in fav and te motion passed unanimously. CONSIDER ALTERATIONS TO BASEBALL COMPLEX Cid p p'2'0 Lt t' t thefacilities t K [ e R Baseball compt proposed by the Boy's Baseball Association. Mr, Gene Pipes, City Manager, presented a memorandum from Mr. Ray Black, Parks Superintendent, which advised of the Huntsville Boys Baseball Association's proposal, as fotLows: 1. Construction of a batting cage between fields 7 and 8 (Lower ballfietds); 2. Redesign the interior of the concession stand at the upper complex with a new center island for food preparation and storage as welt as a rear cabinet area containing a double sink, two burner electric stove top, anda dishwasher; 3. Air condition the concession stand and install plexiglas sliding windows at the service area; 4. Placement of an enclosed bulletin board with Lighting on the west watt of the concession building; 5. Placement of an entrance sign at the west entrance gate of parking Lot to extend over the driveway going to the concession building; and 6. Enclosing the bullpen areas between fields 2 and 3 and between fields 3 and 4. An eight foot fence may be placed around these areas that would comp Lete the enclosure of the field complex. Mr. Black advised the Baseball Association will assume all costs of constructing these projects with the exception of the fences for the bullpen areas which they request the city to fund. He said fences around these areas will cost approximately$3.000. Mr. Black said the Parks Division carried forward fundsfrom the 88-89 budget year to complete the electrical work at Ross Park and after all of this work is completed, RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-9 "Texpool"-Authorizes Ability to Participate 03-06-90 5 RESOLUTION NO. 90-9 A RESOLUTION AUTHORIZING THE CITY OF HUNTSVILLE TO PARTICIPATE IN "TEXPOOL". WHEREAS The City of Huntsville is a political subdivision of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investment funds; and WHEREAS it is in the best interest of the City and its inhabitants to invest local funds in investments that yield the highest possible rate of return while providing necessary safekeeping and protection of the principal; and WHEREAS the Treasurer of the State of Texas acting by and through the Texas Treasury Safekeeping Trust Company (the "Trust Company") has created "TexPool", a public funds investment pool to effectuate the goals of providing investments at the highest possible yield and maintaining complete safety of the funds of the Participant, NOW THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas: 1. That the City of Huntsville establish an account in its name with the Trust Company's Public Funds Investment Pool "TexPool" for the purpose of transmitting local funds for investment by the Trust Company in "TexPool". Z. That the following individuals whose signatures appear below are officers or employees of the City and are each hereby authorized to transmit funds to the Trust Company for investment in "TexPool" and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate forhe investment of local funds: Name: Jane Mooday, Mayor. Signature: i Name: Gen Pi s City Ma er Signature: ; 14, Name: P �ia Allen, Director of Finance Signature: Name: Lee Ann Victery, FFi n-ccee Coordinator Signature: 3. That this Resolution and its authorization shall continue in full force and effect until amended or revoked by the City and until the Trust Company receives a copy of any such amendment or revocation, until such time the Trust Company is entitled to rely on same. This Resolution is hereby introduced and adopted by the City of Huntsville at its regular meeting held on the ZpTh day of /y0,rc6 1990. THE CITY OF�HUNTSVILLE Its Mayor, Jane Monday ATTEST: R DeShaw, Ci y �ecretary� APPROVED AS TO FORM: 2 Scott B unds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-10 Auth.App.&Execution of CJ Div.Grant 03-06-90 RESOLUTION NO. 90-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING APPLICATION FOR A CRIMINAL JUSTICE DIVISION GRANT: AUTHORIZING EXECUTION OF GRANT AGREEMENT: MAKING VARIOUS PROVISIONS RELATED THERETO. .WHEREAS, the City of Huntsville staff has submitted a grant request for a Juvenile Officer and Program from the Criminal Justice Division of the Office of the Governor; and WHEREAS, the proposal has been recommended for funding by the Criminal Justice Division. BE IT RESOLVED, by the Mayor and City Council of the City of Huntsville, Texas, that the City supports and approves the application by the Police Division for the grant from the Criminal Justice Division, and that: Section 1: The City Manager is hereby authorized and directed to apply for a Criminal Justice Division grant in the amount of $35,016.00 for a Juvenile Officer and Program for the City of Huntsville. Section 2: This resolution shall take effect immediately after the passage by Council. INTRODUCED, READ and PASSED by the affirmative of council on this day of /�Q12,{ � 1990. Jane Mon y, Mayor ATTEST: ut eShaw, City Secretary APPROVED: Sc t Bonds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-11 Traffic Signals-State of Texas&City 06-05-90 RESOLUTION NO, 90-11 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Huntsville SECTION 1_ That the certain agreement dated /_"- q0 between the State of Texas and the City of Huntsville , for the installation, construc- tion, existence, use, operation, and maintenance of certain highway traffic - signals/illumination at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Huntsville , be and the same is hereby approved, and MatAor 5a nE M�mr nu is hereby authorized to execute said contract on behalf of said city and o transmit the same to the State of Texas for appropriate action. SECTION 2. That this Resolution shall take effect immediately upon its passage. ADOPTED• A APPROVED II � May r ATTES —� ecretary City Clerk APPROVED AS TO FORM: City Attorney RESOLUTION (TRAFFIC SIGNAL/ILLUMINATION) 11-84 1-1 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-12 Environmental Officer-Mayor Jane Monday 07-24-90 RESOLUTION NO. 90-12 WHEREAS, the City of Huntsville, Texas deems it necessary and proper to designate a certifying environmental officer under the rules and regulations of the Texas Community Development Program Project Implementation Manual; and WHEREAS, by this resolution, the City of Huntsville designates Jane Monday, Mayor of Huntsville, Texas as the certifying environmental officer; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Huntsville, Texas that Jane Monday, Mayor of Huntsville, Texas, be and is hereby authorized and directed to certify and submit a full environmental assessment to the Texas Department of Commerce under the rules and regulations pursuant thereto on behalf of the City. APPROVED THIS THE z'Y�ll DAY OF ,�� A.D., 1990. The City f Huntsville,, Texas By: ATTEST: DeShaw, City Secre ary APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-12.1 Rep.-H.G.A.C.Barrett(Carter,Alt) 10-02-90 CITY OF HUNTSVILLE RESOLUTION NO. 90-12.1 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY AND BOARD OF DIRECTORS BE IT RESOLVED, by the City Council of Huntsville, Texas that the following be, and they are hereby, designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 1990-1991: REPRESENTATIVE 0. EUGENE BARRETT ALTERNATE JAMES L. CARTER FURTHER THAT, they are hereby, designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 1990-1991. THAT, the Executive Director of the Houston-Galveston Area Council be noti- fied of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the 2nd day of OCTOBER 199'.Q APPROVED: Mayor ' ATTEST_.- i' 9 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-13 Walker Co.Bus.Retention&Expansion Prog. 10-16-90 t (' R E S O L U T I O N 90-13 WHEREAS, the key to increasing employment and maintaining a stable tax base is the retention and expansion of existing business firms; and WHEREAS, the City of Huntsville will be in a well informed position to effectively intervene to retain companies and to encourage and assist in their expansion; and, WHEREAS, the active and visible support of the Mayor and City Council is essential to a strong and effective business retention and expansion effort; and, WHEREAS, it is desirable that local government officials, the Huntsville-Walker County Economic Development Corporation, the Huntsville-Walker County Chamber of Commerce and other business groups work together to learn about, and respond to, problems and opportunities faced by local business firms; and, WHEREAS, an organized Business Retention and Expansion Program for Walker County would benefit small, independent business persons as well as larger firms and traditional industries; and WHEREAS, Huntsville-Walker County Economic Development Corporation and Southwestern Bell Telephone have agreed to serve as Program Sponsors for the Business Retention and Expansion Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE THAT: The City of Huntsville is committed to developing, in conjunction with the Economic Development Corporation, the Chamber of Commerce and other business groups, a Walker County Business Retention and Expansion Program. Such Program should include the formation of a Business Retention and Expansion Steering Committee. Activities should include, but not be.limited to, identification of all businesses in the community and their "chief executive officers", recruitment and training of volunteers for chief executive interviews, immediate response, where possible, by the public or private sector to individual business problems and opportunities discovered, and analysis of survey data to develop new programs in order to help keep Huntsville's businesses healthy and satisfied. DULY PASSED AND ADOPTED this 16t day of October, 1990. Jan/Monday Ma r, City of Huntsvill Attes i y Secretary EDC3 FACT SHEET October, 1990 SUBJECT: Walker County Business Survey SPONSORS: (1) Huntsville-Walker County Economic Development Corporation (2) Southwestern Bell Telephone BACKGROUND: - Survey is part of the Economic Development Corporation's Business Retention & Expansion Program - Survey is being conducted in cooperation with the Huntsville-Walker County Chamber of Commerce and Gulf States Utilities Team City Program - Surveys are to be completed between October 15 and November 15 - Surveys will involve one-on-one interviews with over 100 key Walker County businesses, (e.g. major employers, industries, manufacturers), and mail surveys to several hundred additional local businesses. - Individual surveys are confidential. - A report summary of the survey results will be published and distributed in January, 1991. OBJECTIVES: 1) To develop a profile of Walker County businesses. 2) To rate the local business climate and available business services (e.g., public services, utilities, labor market). 3) To identify needed assistance programs for local businesses. 4) To identify materials, products and services required by local businesses. 5) To assist in developing recommendations for improvements in the local business climate. 6) To provide an information base for the Walker County Economic Development Program. 7) To establish an ongoing channel of communication between the local business community, the Economic Development Corporation, the Chamber of Commerce and public officials. ADDITIONAL INFORMATION Dave Cich Huntsville-Walker County Economic Development Corporation P. 0. Box 538 Huntsville, Texas 77342-0538 (409) 295-8113 CONFIDENTIAL Interviewer (if applicable): Date Completed: WALKER COUNTY BUSINESS SURVEY Business Name: Address: Contact: Title: BUSINESS PROFILE: 1. Type of Business (check one): [ ] Corporation [ ] Sole Proprietorship [ ] Partnership 2. Year Established: 3. Number of Employees: Full-Time (30 hrs. or more per week) Part-Time (less than 30 hrs. per week) Total--------------------------------- 4. Is business locally owned? Yes [ ) No [ ] If "no", where is business headquarters located? 5. Does business have multiple locations? Yes [ ] No [ ] If "yes", list other locations: 6. Size of present facility: Plant/Store sq, ft. Office sq. ft. Site acres 7. Classification(s) of Business (check all that apply): ( ] Agriculture, Forestry & Fishing [ ] Wholesale Trade [ ] Mining, Oil or Gas Extraction [ ] Retail Trade [ ] Construction [ ] Finance, Insurance, [ ] Manufacturing & Real Estate [ ] Transportation, Communication, [ ) Services Electric, Gas, and Sanitary Services [ ] Public Administration [ ] Other (please describe) 8. Market Area (check all that apply): [ ] Walker County [ ] United States [ ) Texas ( j International Comments: (more) Page 2 9. List Major Products or Services: a. b. C. d. 10. List primary reasons for locating your business here (rank top four: 1 = most important / 4 = least important): Family ties Availablity/cost of land Area labor cost Availability of raw materials Labor supply Educational resources Quality of life Profit potential of area Proximity to market area Transportation Financial incentives Other (please describe) ---------------------------------------------------------------------------- LABOR: 1. What type of employees does your business need? (check all that apply): [ ) Skilled ( ] Managerial [ ] Semi-skilled [ ] Professional [ ] Clerical 2. From what sources do you obtain your employees? (check all that apply): [ ) Colleges/Universities [ ] Job Training Programs (JTPA) [ ] Vocational Schools [ ] Newspaper Ads [ ] Employment Agencies [ ] Referrals [ ) Texas Employment Commission [ ] Transfers [ ] Other (please describe) 3. Do you expect to increase your number of employees? If "yes", how many? Next 12 months: Yes [ J No [ ] (approximate) Next 2 years: Yes [ ] No [ ] (approximate) Next 5 years: Yes [ ] No [ ] (approximate) 4. Please rate the available labor force in Walker County (check one): Excellent Good Fair Poor EDUCATION [ ] [ ] [ ] [ ) Comments: VOCATIONAL SKILLS [ ] [ ] [ ) [ ] Comments• RELIABILITY [ ] [ ] ( ] [ ) Comments: COST ( ) ( ] [ ] ( ) Comments• (more) Page 3 PUBLIC SERVICES: 1. Please rate the quality of public services in Walker County (check one): Excellent Good Fair Poor Police Protection Fire Protection [ ] [ ] [ ] [ ] Public Utilities: A. Water [ ] [ ] [ ] [ J B. Sewer [ ] [ ] [ ] ( ] C. Solid Waste Disposal [ ] [ ] ( ] [ ] D. Electric [ ] [ ] [ ] [ ] E. Gas [ ] [ ] [ ] [ ] F. Telephone [ ] [ ] [ ] ( ] G. Cable Television Permits/Inspections Transportation [ ] [ ] ( ] ( ] Public Education [ ] [ ] ( ] [ ] Higher Education [ ] [ ] [ ] [ ] Health Care [ ] [ ] [ ] [ J Local Government Policies/Attitudes 2. Please rate the costs of public services in Walker County (check one): Low Average High Public Utilities: A. Water B. Sewer [ ] [ ] [ J C. Solid Waste Disposal [ ] [ J [ ] D. Electric E. Gas [ J [ ] [ ] F. Telephone [ ] [ ] ( J G. Cable Television [ ] [ ] [ ] Property Taxes: A. County B. City [ ] [ ] [ ] C. School [ ] ( ] ( J D. Hospital [ ] [ ] [ J Health Care: [ ] [ ] ( J ---------------------------------------------------------------------------- FUTURE PLANS: 1. If you plan to expand your Walker County business operations in the next five years, please check all of the following which apply: ( ] Increase number of employees [ ] Expand present facilities [ ] Relocate to new facilites 2. Please check what forms of assistance would be most beneficial to you: [ ] Employee Training [ ] Site Acquisition [ ] Financing Assistance [ ] Marketing Assistance [ ] Tax Incentives (e.g., tax abatement) [ ] Export Assistance [ ] Other (please describe) (more) Page 4 3. Please rate the availability and cost of business financing in Walker County (check one): AVAILABILITY [ ] Excellent [ ] Good [ ] Fair [ ] Poor Comments• COST (i.e., interest rate, fees) [ ] Excellent [ ] Good [ j Fair [ ] Poor Comments• 4. Please estimate the percentage (in dollars) of materials, products or services which your business currently purchases in Walker County and out-of-county: Walker County % Out-of-County % (Total=1009) 5. Please list any materials, products or services which your business would purchase in Walker County, if available: a. b. C. d. GENERAL INFORMATION: 1. What are the major advantages of doing business in Walker County? 2. What are the major disadvantages of doing business in Walker County? 3. Comments: 4. Do you want a summary of the survey results? [ ] Yes [ ] No ---------------------------------------------------------------------------- THANK YOU! (Please return your survey by November 2 1990 using the stamped envelope provided) Your responses to the survey will be kept completely confidential and used only in tabulation with other responses for a summary report of the survey .results. Huntsville-Walker County Economic Development Corporation P. O. Box 538, Huntsville, Texas 77342-0538 (409) 295-8113 EDC3 Business Survey � 3 � October 16, 1990 Mayor Jane Monday and Members of the City Council City of Huntsville 1212 Avenue M Huntsville, Texas 77340 Mayor Monday and Members of the City Council: Attached for your consideration is a proposed resolution in support of the Walker County Business Retention and Expansion Program, which has been designatedasthe top priority of the Economic Development Corporation. The program is being co-sponsored by Southwestern Bell Telephone, in cooperation with the Chamber of Commerce and Gulf States Utilities' Team City Program. The Business Retention and Expansion Program is being "kicked-off" this week through a survey of Huntsville and Walker County businesses. This survey will be conducted by mail and through one-on-one interviews with key businesses, industries and major employers. Included with the resolution is a fact sheet which outlines the background and objectives of the program, and a copy of the four-page Walker County Business Survey. We appreciate your consideration of the proposed resolution, and we strongly recommend your support of the Business Retention and Expansion Program. Please contact us if you have any questions or comments. �Siinn-c-erely, U w' Diane Lowe President DL/dj EDC4 Hwilt,ille-LIt lker Gormtr E<onomie Dezelopment Golponi ion, hir P.O.Box 538 Huntsville,Texas 77342-0538 (409)295-8113 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-14 Aimhigh Program Eco.Dev.Training 12-04-90 RESOLUTION NO. 90-14 A RESOLUTION FOR PARTICIPATION OF THE CITY OF HUNTSVILLE, TEXAS, IN THE TEXAS DEPARTMENT OF COMMERCE'S "AIMHIGH PROGRAM ECONOMIC DEVELOPMENT TRAINING: STRATEGIC PLANNING," HEREBY INDICATING A COMMITMENT TO ADOPT AND IMPLEMENT ECONOMIC DEVELOPMENT INITIATIVES THAT THE CITY OF HIINTSVILLE DETERMINES ARE APPROPRIATE, AND TO DESIGNATE AN ECONOMIC DEVELOPMENT COORDINATOR TO REPRESENT THE CITY OF HIINTSVILLE IN THE PLANNING WORKSHOP AND TO OVERSEE IMPLEMENTATION OF THESE INITIATIVES WHEREAS: it has been determined that our business environment will be enhanced by adopting and implementing economic development initiatives which will be developed as a result of the Community Economic Development Audit, by interpreting that audit results into viable initiatives for our community and by this community's participation in all or part of those initiatives as a Two-Year Economic Development Strategy; and, WHEREAS: it is agreed that a single point of contact and coordinator of this process as described above shall be designated for a two-year period, that coordinator being Mr. J. D. Schindler, 1212 Avenue, Huntsville, Texas 77340; and, WHEREAS: it is agreed that guidance and technical assistance will be provided by the AimHigh staff and network as long as there is a designated coordinator actively working to implement strategy and providing necessary reports and contact with the AimHigh staff; NOW, THEREFORE, BE IT HEREBY RESOLVED that the City of Huntsville, Texas, shall designate Mr. J. D. Schindler as Economic Development Coordinator for the period 1991 through 1992 during which time this community shall be considered an active participant of the Texas Department of Commerce AimHigh Strategic Planning Program. APPROVED AND SIGNED on this the 4th day of December, 1990. THE C�iTY OF HIINTSVILLE, TEXAS (SEAL) J Jan onday, Mayor / A h DeShaw, City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 90-15 Congratulates H.H.S.'90 Hornet Football Team 12-11-90 CITY OF HUNTSVILLE RESOLUTION 90-1,5 HONORING HUNTSVILLE HIGH SCHOOL '90 HORNET FOOTBALL TEAM WHEREAS during the fall semester of 1990, the Huntsville High School Football Team distinguished themselves, their alma mater and the community of Huntsville; and WHEREAS the 1990 Hornets continued to add chapters to the legend of championship accomplishments that have been logged over the past four decades by the youth of our City; and WHEREAS each victory recorded in Class 15-5A competition through district, bi-district, area and regional championships and the individual recognition according to outstanding players at various positions inure to the credit of every player on the team, their managers, trainers, coaches, cheerleaders, band, drill team, pep squad, students, faculty, administration, and fans who all did their best to contribute to the team effort; and WHEREAS a new record was achieved with the fifth consecutive win against Conroe High School; and WHEREAS this season marked our third straight Bi-District title, our third straight season with 11 wins, and our second consecutive year to reach the third round in the play-offs; and WHEREAS Coach Joe Clements won his 200th career coaching victory in the regular season; WHEREAS the pride in the individual and collective accomplishments raised the community spirit in an incalculable way that, in a fashion, they not only carried themselves to the heights of the quarterfinals, but also propelled an entire city to come along for the thrill; and WHEREAS while the eyes of the sports fans of Texas and the nation were on them, they rose to the challenge and played great football that will be etched in our memories for offensive and defensive heroics and record setting accomplishments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, CITY OF HUNTSVILLE, THAT: The 1990 Huntsville Hornet Football Team be accorded the recognition, congratulations and appreciation of their community for a successful season of championship and record setting football competion. The future of our society is assured by the dedication and effort that these young people displayed in these achievements. May every citizen extend heartfelt thanks and appreciation for a job well done. Passed and Approved this the 11th day of December, 1990, and to attest is hereby ascribed hand of the Mayor and affixed the seal of the City. CITY OF HUNTSVILLE, TEXAS by JANE MONDAY, ITS MAYOR RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 89-1 Canvassing Returns of Election 01-21-89 01-24-89 RESOLUTION NO. 89 - 1 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 21ST DAY OF JANUARY, 1989, FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE, AND FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS ONE, TWO, THREE AND FOUR; DECLARING THE RESULTS OF SAID ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN AND THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 24th day of January, 1989, proceeded to canvass the returns of the regular municipal election held in the City on the 21st day of January, 1989, for the purpose of electing a Mayor and four Councilmembers, one from each of the City's four Wards; and WHEREAS the election was held under and pursuant to the provisions of Ordinances No. 88-19 calling the election; and WHEREAS the election having been duly and regularly had as called in the ordinance and according to law, and the returns thereof having been made and the election judges having certified the results of the election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: FOR MAYOR, AT LARGE KEVIN L. JONES. . . . . . . . . . . 258 JANE MONDAY . . . . . . . . . . . . 956 WRITE-INS . . . . . . . . . . . . . 7 FOR COUNCILMEMBER, WARD ONE MICHAEL L. RICHARDSON, JR . . . . . 76 BILL HAMMOCK. . . . . . . . . . . . 381 WRITE-INS . . . . . . . . . . . . . 2 FOR COUNCILMEMBER, WARD TWO WILLIAM H. KNOTTS, JR . . . . . . . 137 WRITE-INS . . . . . . . . . . . . . 15 FOR COUNCILMEMBER, WARD THREE PERCY HOWARD, JR. . . . . . . . . . 177 WRITE-INS . . . . . . . . . . . . . 1 FOR COUNCILMEMBER, WARD FOUR } GARY M. BELL. . . . . . . . . . . . 264 WRITE-INS . . . . . . . . . . . . . 14 AND WHEREAS the City Council of the City of Huntsville finds that the election returns set out above to be accurate and correct, and no election protest or contest has been filed with Council or instituted in connection with the election returns: r NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Jane Monday received a majority of the votes cast at the election for the office of Mayor, at Large, and accordingly, Jane Monday is hereby declared elected to the office of Mayor, at Large, subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. Section 2: Bill Hammock received a majority of the votes cast at the election for the office of Councilmember Ward One, and accordingly, Bill Hammock is hereby declared elected to the office of Councilmember Ward One, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 3: William H. Knotts, Jr. received a majority of the votes cast at the election for the office of Councilmember Ward Two, and accordingly, William H. Knotts, Jr. is hereby declared elected to the office of Councilmember Ward Two, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 4: Percy Howard, Jr. received a majority of the votes cast at the election for the office of Councilmember Ward Three, and accordingly, Percy Howard, Jr. is hereby declared elected to the office of Councilmember Ward Three, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 5: Gary M. Bell received a majority of the votes cast at the election for the office of Councilmember Ward Four, and accordingly, Gary M. Bell is hereby declared elected to the office of Councilmember Ward Four, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. Section 6: City Council finds that the notice of the election was duly and properly given as required by law and as provided in ordinance calling the election, and that the election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the election, and in all things according to the law. Section 7: This resolution shall take effect immediately from and after its passage. APPROVED this no�day of January, 1989. THE CITY OF HUNTSVILLE, TEX�S By A Jane Monday, Its Mayor aDeSha.,4Cty Secretary APP�ViED FASFORMnScott Bbuds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-1 Returns of Election From 01-19-91 01-22-91 RESOLUTION NO. 91-1 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 19TH DAY OF JANUARY, 1991, FOR THE PURPOSE OF ELECTING A MAYOR AT LARGE, AND FOUR COUNCILMEMBERS, ONE FROM EACH OF THE CITY'S FOUR WARDS ONE, TWO, THREE AND FOUR; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN, THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 22nd day of January, 1991, proceeded to canvass the returns of the regular municipal election held in the City on the 19th day of January, 1991, for the purpose of electing a Mayor and four Councilmembers, one from each of the City's four Wards; and WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 90-25 calling the election; and WHEREAS the election having been duly and regularly had as called in the ordinance and according to law, and the returns thereof having been made and the election judges having certified the results of the election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: FOR MAYOR, AT LARGE JAMES A. (JIM) STANDEFER . . . . . 801 BILL HODGES . . . . . . . . . . . . 947 WRITE-INS . . . . . . . . . . . . . 2 FOR COUNCILMEMBER, WARD ONE GREGG CANTRELL . . . . . . . . . . 209 RON LANGE . . . . . . . . . . . 344 M. A. COMELLA . . . . . . . . . . . 88 KEVIN L. JONES . . . . . . . . . . 38 WRITE-INS . . . . . . . . . . . . . 2 FOR COUNCILMEMBER, WARD TWO WILLIAM H. KNOTTS, JR . . . . . . . 204 WRITE-INS . . . . . . . . . . . . . 16 FOR COUNCILMEMBER, WARD THREE CHARLES ROBINSON . . . . . . . . . 248 WRITE-INS . . . . . . . . . . . . . 5 FOR COUNCILMEMBER, WARD FOUR GARY M. BELL. . . . . . . . . . . . 300 WRITE-INS . . . . . . . . . . . . . 13 WHEREAS the City Council of the City of Huntsville finds that the election returns set out above to be accurate and correct, and no election protest or contest has been filed with Council or instituted in connection with the election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Bill Hodges received a majority of the votes cast at the election for the office of Mayor, at Large, and accordingly, Bill Hodges is hereby declared elected to the office of Mayor, at Large, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 2: Ron Lange received a majority of the votes cast at the election for the office of Councilmember Ward One, and accordingly, Ron Lange is hereby declared elected to the office of Councilmember Ward One, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 3: William H. Knotts, Jr. received a majority of the votes cast at the election for the office of Councilmember Ward Two, and accordingly, William H. Knotts, Jr. is hereby declared elected to the office of Councilmember Ward Two, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 4: Charles Robinson received a majority of the votes cast at the election for the office of Councilmember Ward Three, and accordingly, Charles Robinson is hereby declared elected to the office of Councilmember Ward Three, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 5: Gary M. Bell received a majority of the votes cast at the election for the office of Councilmember Ward Four, and accordingly, Gary M. Bell is hereby declared elected to the office of Councilmember Ward Four, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 6: City Council finds that the notice of the election was duly and properly given as required by law and as provided in ordinance calling the election, and that the election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the election, and in all things according to the law. SECTION 7: This resolution shall take effect immediately from and after its passage. APPROVED this 22nd day of January, 1991. THE CITY OF HUNTSVILLE, TEXAS r Jan ''Monday, Mayor ATTES j r,,�e'Shaw, City Secr tary APPROVED AS TO FORM: Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-2 Lease With Option to Purchase Fire Truck 01-22-91 RESOLUTION NO. 5/�/—,Z A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, RELATING TO LEASE WITH OPTION TO PURCHASE AGREEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Recitals and Authorization. The Issuer, as Lessee, has heretofore entered into a Lease with Option to Purchase Agreement dated as of January 21, 1991, (the Lease), with GE Capital Public Finance, Inc., as Lessor. It is hereby determined that it is necessary and desirable and in the best interests of the Issuer to enter into the Lease for the purposes of obtaining the Equipment shown on the Lease as Equipment A-, and the execution and delivery of the Lease by the Issuer and the financing of the acquisition of such Equipment Group are hereby approved, ratified and confirmed. SECTION 2: Designation as Qualified Tax-Exempt Obligation. Pursuant to the Internal Revenue Code of 1986 as amended (the Code), the Issuer hereby specifically designates the Lease and Equipment Group A- as a "qualified tax-exempt obligation" for purposes of Section 265 of the Code. The Issuer hereby represents that the Issuer (and any subordinate entities to or entities acting on behalf of the Issuer) will not designate more than $10,000,000 of obligations issued by the Issuer in the calendar year during which the Lease is executed and delivered as such "qualified tax-exempt obligations." SECTION 3: Issuance Limitation. The Issuer hereby represents that the Issuer (and any subordinate entities to or entities acting on behalf of the Issuer) reasonably anticipates not to issue in the calendar year during which the Lease is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than $10,000,000. Executed this 2&day of , 1991. THE CITY OF HUNTSVILLE W. H. Hodges, Mayor \,% ATTEST: �th "Sh,,,,, Citycretary APPROVED AS TO FORM: out Scott BoUnds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-3 Huntsville Board of Realtors,Inc. 02-26-91 9/-3 RESOLUTION NO. 917.2A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ENDORSING THE PROPOSED REVITALIZATION PROGRAM OF THE HUNTSVILLE BOARD OF REALTORS, INC. WHEREAS: The City of Huntsville is committed to the revitalization of the older and historical areas of the city in an effort to igpsure that Huntsville remains a healthy, vibrant, and aesthetically pleasing community in which to live and work; and WHEREAS: In cooperation with the City's project of downtown revitalization, the goal of the Huntsville Board of Realtors, Inc. is to encourage pride in ownership by beautifying and revitalizing the exteriors of residential homes in the community; and WHEREAS: The Board's program entails the presentation of an award each quarter to the winning home as judged and selected by the Board's revitalization committee; and WHEREAS: The City of Huntsville wishes to encourage organizations and entities to join the city in such efforts to promote interest in beautifying Huntsville. NOW THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Huntsville to endorse the revitalization program of the Huntsville Board of Realtors, Inc. and to encourage residents to participate in this program. PASSED AND APPROVED on this the =th day of February, 1991. THE CITY OF HUNTSVILLE, TEXAS W. H. HODGES, MAY ZZDeSfh2aw_, City Secretary N i i:I Eli I II: 1, For Y. -. JL4 ... _ RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-4 Designate City Vehicles as Unmarked Vehicles 02-26-91 RESOLUTION NO. 91-4_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS Tex. Rev. Civ. Stat. art. 6701m-2 generally requires all city owned vehicles to be clearly marked; and WHEREAS state law permits the governing body of a city to designate motor vehicles used by the police for purpose of performing official duties to be unmarked; and WHEREAS the State Department of Highways and Public Transportation requires that the designation of unmarked motor vehicles be made by resolution describing the motor vehicle; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: The following vehicles used by the police department of the City of Huntsville, Texas, for the purpose of performing official city police duties are hereby designated as unmarked vehicles: Year Make Serial Number 1985 Ford 1FABP3933FA163396 1985 Ford 1FABP3933FA117356 1981 Dodge 1B3BR47KOBA118481 1986 Dodge 1B3BD26D8GC199506 1984 Chevrolet 2G1AN69H5E9253225 1984 Chevrolet 2G1AN69H9E9253258 Section 2: Mark Pemberton of the Police Department is hereby authorized and directed to execute any and all forms necessary to receive license plates for these vehicles that do not indicate the vehicles are owned by a government agency. Section 3: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this 26A day of , 1991. THE CITTY� OF HUNTSVILLE By �—W. H. Hodges, M W r AT DeShaw; City Secretary A744�1 VED S TO FORM: \ Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-5 Auth.App.&Execution of CJ Div.Grant 02-26-91 Resolution No. 91-rS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING APPLICATION FOR A CRIMINAL JUSTICE DIVISION GRANT; AUTHORIZING EXECUTION OF GRANT AGREEMENT; MAKING VARIOUS PROVISIONS RELATED THERETO. WHEREAS, the City of Huntsville has joined with the Counties of Walker and Madison in submitting a grant request to renew the Regional Narcotics Task Force from the Criminal Justice Division of the Office of the Governor; and WHEREAS, the proposal has been recommended for funding by the Criminal Justice Division. Be it resolved, by the Mayor and City Council of the City of Huntsville, Texas, that the City supports the Regional Narcotics Task Force and approves the application by Walker County for the grant from the Criminal Justice Division, and that: Section 1: It be understood that 25k of the total funds requested be met by the participating governmental entities. Section 2: This resolution shall take effect immediately after the passage by the Council. INTRODUCED, READ and PASSED by the affirmative of council on this 26th day of February, 1991. Bill Hodges, Aay.F�( ATTES u De Shaw, City Secretary APPROVED; Scott ounds, ity Attorney APPLICATION FOR OMS Approval No.034s.0043 LDATE SUBe1RTEO A 01—twe„t,Ner FEDERAL ASSISTANCE March 12, 1991 1. rrrt OF tRIBelnagre >.DATE RECEIVED OV STATE StateAppTicalrpn WentHwr AW-11D. : P.-wkstio. El ConaDuchon p CoRab«tial 4.DATE IKCIMO SY FEDERAL AGENCY Federr Idenufier ®Ndn.CwntnJctton ❑Not,('gnrrtJctlpn - '2.APPUCANTINFORWT10N Legal Nenle: O rganizationalt J County of Walker riminal District Attorney Addnas(Orw uN.caunry,slue,and Zip cpdal: te number of Uu pwsorl b G contactW en merara 1100 University Avenue Huntsville, Walker County,vTexasary L. Howze 7734009-291-7473 --� 0.EMPLOYER IDEHDFICATION NUMBER(llNk Y.TYPE OFAPRICAND(Mbr Aw-Priafe felt-In Dor) 74-6001432 A.state K be.pNwetrt School Dist � a.County L Bute Controlled kMitution of Higher Leervj R TYPE OF APPLICATKft c. Municipr J.Private Llnivervtfr D.TDwnatwp K kKgari Tube New L7 Continuation I]Revision E.Intw3tate L Intl- al F.IntermtRlicipa M.Profit OManintion U Raln-;-M enter OPOlcpriau 4tter(a)in bon(as):❑ ❑ G.special District N.Other(Specify): A mortis.Award D.Decease Award C.Increase Duration - - D.DecreaseDuration anw(srJeuNl' a.NAME OF FEDERALAOENCy: Governor's Office j Criminal Justice Division FEDEP.O. Box 12428, Austin Texas 78711 10.ASSISTANCE NUMBER DOMESTIC D B B 0 2 It.DESCRIPTIVE TRLEOFAPkJCAMTS PRWECE TTnE Central East Texas Narcotics Task A multi-jurisdic.tional-:narcotics enforcement Force and prosectttion task force composed of peace IL AREAS AFFECTED BYPROJECT(C1Ges.CwMfia+.an#S.OW): officers and prosecutors from two counties, one incorporated city, and the Internal Huntsville, Walker County: Madisonville, Madison County Affairs Division of the Texas Department of State of Texas Criminal Justice. sz PROPOSED PROJECT. 14.CONGRESSIONAL MSTRIGTI OF: Sun DauL5/31/92 .g Data a Applicant ... b.Project 6/1/91 1S.ESTIMATED FUNDINQ IL tS APPUCATION SUSJECT TO REVIEW By STATE EXECUTIVE ORDER 12372 PROCESS? a Federal s .00 e. YES.THIS PREAPPL>cam TIC"APPMATION WAS MADE AVAE aF TO THE 254,660 STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON: n Applicant S 84,886 '00 oATE March 12, 1991 e sura t 00 If NO. ❑ PROGRAM IS NOT COVERED BY EO.12372 d.Loctl E Oo ❑ OR PROGRAM HAS Nor aeEm$ELECTED By STATE FOR REVIEW e Other S gg - 1 Program ktcf rine. S .W 17.IS THE APPLICANT OEUWHJEHT ON ANY FEDERAL OESTI g TOTAL S ❑Yes N"Yes.-attach an•.planation. 93 NO 339,546 IL TO THE BEST OF W ENOWLao0e ANO gaUEF.ALL DATA 1N?NIS APPUUTIONrMtEAFPLICAT.ARE TRUE AND CORRECT.I fE OOW HENT NAS BEEN OVLY AIJnpM2E0 BY THE GOVERNING eODYW THE AIPLIGIlT ANp TN!A►ILM:ANT MILL CORFLY WIIN INE ATTACHED ASSURANCES K TRE.5313TANCE R AWMDED a.Typed Wme a A,nr .ed Repeaent- b.Tity c Teteprgne m.mper Frank J. Robinson County Judge 09-291-9500 d Signature of Authwn d Rawe,enta- a Date SgneO '+e•wa�rtwny talo w- ---- taMard rum ata CJD-1 P.e3pnbad DY DAR ._� l PART 11 ew•o.an PROJECT APPROVAL INFORRATION o.« Ir..t. O.••this ea•iM•w<•apw•/r•wl«SI•N,I.c.l, . r.gi•n•l,«.A,«eat«itr r•riwg, Ne••.l G.—;.,nmJt. HGAC %Y•a__Ne Prw..ry R•r4.g •J.:•ary,•Jec•N••el w 1x••111.<I > 1-1 11•r•I Ag.wcY« "1O"<••• Bo.rJ HGAC R Y•a w (AINch D•<rr.•wNliw) tl♦•a ll..a S. •:sNK•=•�u•.I.pei cl a••w. «co.Jen• .A.OMS C—I.A-95? •• (A11ecI.Cw.nN) —�Y•a v •:_ h..�. O.•aA.ia aa•i•bn<.r•qu••rrpu'e SNr.,1•c•1, HGAC 6 rpiensl«erM plo.«:ng.w.ewl �'^'. olwppe.:wg Ag.•q Criminal Justice Division N•.S. . Ir 16e M•wa•d gpai•c/e•w.•d 6f ew elwrw•d c M•a:w filen? •"a•' Ch•1,•er. SNN f- L•<•1 HGAC X Y•• Ne Joe-;. «•L1:«.•1Pl.. Criminal RQ Justice Division rill rA••a•i•N•ce rpwwJ•«.••F.MnI Mat•Ila:en? —_Y•a X N'�•I F•J«.1 M•NII•I:e.. Ne F•d.a•t P•p•1«:«a I..e.l:l:eg 6...Prei•cl ..!- Ir_7. .':1%rA.•ae:.re.c.a.Gu.ar✓6e a F•d..el k!« «a 11«.an? New a F.d..e!Inarollcr:... n/ate_ Y•a R Ne L-4.-1 F-4--1 L•1 1 Preip n/a Will rh••a•:•1ew<;.ywc1.J 1r.w••;y.cr«.II.c1 16«w:.en••M- S.•i•ataeHiana Ir•dlil:ewl iwler.a:••to 6• �Y.•--LW P,-id•d. II•.9- x':111Me•a:•t.•n rpe•a«I<«.•./..di p6c...,r H—b •F. •I:..r..iJ..lt 4,:t'•,g.r•1•.•«.,«/w•? Ind:.:du.l• n/a 1 1 �— Ig 9.•Ii4i s AArgr NIeNd gggigtgACe ee/rig MNM Ftwiwg, . ry,«MliciFgled? Sw 111ghy<tiM1(ar•U:ti••.I i•Ir1r..lie•N M �Y.•_X /y F'eriJ•L Nr'1- u tM I.el•cl N e Aa•IwIN Ile•!M+M r••) i••4rreellw/«edAlllerr•1 NA«rtle•N h'►«IMA. WD-4 L I Next page number is CJD-6 (PART I I I) BUDGET INFORMATION—Non-Construction Programs OAST Approval No.03U-M" SECTION A-BUDGET SUMMARY G`=8m 8m COUbg of Fod..l Estimated Unoblgated Funds . Or A"U 4 DomsNumM Ms New a Revised Budget (a) (b) Federal NorrFiderat (c) (d) Federal Narflednal Taal f. $ = = S S (g) 1, a. S. TOTALS f $ S = S SECTION E-BUDGET CATEGORIES 0 OWQdckss Cat.vorlss (1) oRwE►Roo PIRrCnONORACTFATT (_) (3) (e) Taal a. Personnel S 121,410 : 40,470 f f S 0. FrkgaNmlfU 161 880 28,170 9,390 L Travel 0 4.950 1,650 d. Equipment �) e. Supplies 96,436 32,145:` 128,581 = E. Contractual rD x rr• g. Construction p h. Other I. Taal Direct Charges(sum of 6a•6h) a 250,966 83,655 334,621 rD ) Indirect Charges z 3,694 1,231 4,925 vi k. TOTAL$(sum of 61 and 6)) S S s 254,660 s 84,886 E 339,546 C, I 80 1. Program Income S S S S S Sla dqd Fam 174A (4•88) Prncrlbad or OMR CrMrt A402 Suggested Format Part III Other Budget Information Section F Governor's Criminal Justice Division Line 21 BUDGET NARRATIVE Begin below and add as many continuation pages following each schedule (Al, III, etc.) as may be needed to explain each item of the project budget. Narrative should include explanation of the basis for arriving at the cost of each item including Grantee Local Cash Contribution items. All amounts should be shown in whole dollars. SCHEDULE A PERSONNEL 1.. Direct Salaries %OF TIM£ TO THIS 7 TITLE OR POSITIONI PROJECT2 REQUEST CONTRIBUTION .TOTAL3 (A) Secretary 100% $ 12,150 S 4,050 $ 16,200 (B) Narcotics Investigator 100% $ 18,000 $ 6,000 $ 24,000 (C) Narcotics Investigator 100% $ 18,000 $ 6,000 S 24,000 (D) Narcotics Investivator 100% $ 18 000 $ 6.000_ $ 94.000 (E) Narcotics Investigator 100% $ 18,000 $ 6,000 $ 24,000 (F) Asst District Attorney 100% $ 29,250 S 9,750 S 39,000 (G) n r District rl k inn,/ $ 8-010 S 2.670 $ 10-680 (H) S $ $ TOTAL DIRECT SALARIES S 121,410 $ 40,470 S 161,880 2. Fringe Benefits ;o or S Rate FICA @ 7 657 $ i n96 S 12,384 RETIREMENT Co 7.00% S 8,497 S 2,833 $ 11,330 INSURANCE @ 1 860 erson_is 7 S 9 765 .$ 3,255 S 13,020 OTHER(EXPLAIN) @ $ S $ Workman's compensation @0.46% 559 186 745 Unemployment Insurance @ .0005 61 20 81 TOTAL FRINGE BENEFITS 21 % S28,170 S 9,390 $ 37,560 TOTAL PERSONNEL BUDGET $149,580 S 49,860 S 199,440 1. Include only one position per line.Briefly describe the duties or responsibilities of each position_ 2. Express as a percent of total time(2080 hrs.per year). 3. Should reflect employee's gross salary attributable to the project. • LJiI-1U � Suggested Format Part III Other Budget Information Section F Governor's Criminal Justice Division Line 21 SCHEDULE C TRAVEL 1. Local Travel MILES TRAVELED $ CJ LOCAL CASH POSITION/TITLE ANNUALLY RATE REQUEST CONTRIBUTION TOTAL (A) N/A $ $ $ (B) $ $ $ (C) $ $ $ (D) $ $ $ M. $ $ $ (F) $ $ $ _ (G) $ $ $ (H) . $ $ $ LOCAL TRAVEL TOTAL $ $ $ 2. In-State Travel(Specify Clearly) PURPOSE DESTINATION Investigations Cities and Counties $ 3,000 $ 1,000 $ 4.000 within Texas $ $ $ Training Various training sites $ 1,950 $ 650 $ 2,600 within Texas $ $ $ IN-STATE TRAVEL TOTAL. $ 4,950 $ 1,650 $ 6,600 3. Out-of--State Travel(Specify Clearly) $ $ $ S S S S S S OUT-OF-STATE TRAVEL TOTAL S $ $ TOTAL TRAVEL BUDGET $ $ $ NOTE: If personally owned vc-icles are to be used, transportation costs should be shown on Schedule C; if agency or leased vehicles are to be used, the vehicle operation/main- tenance costs should be shown on Schedule F. 'Supplies and Direct Operating Expense." REQUIRED NARRATIVE: Briefly describe the applicant's travel policy (i.e.. mileage rates and per diem rates). Specify purposes for each item of travel. Break out costs of each in-state and each out-of-state trip to separately show Suggested Format Part III Other Budget Information Section F Governor's Criminal Justice Division Line 21 SCHEDULE F SUPPLIES&DIRECT OPERATING EXPENSE DIRECTLY CHARGED SUPPLIES CJ LOCAL CASH &OTHER OPERATING COSTS REQUEST CONTRIBUTION TOTAL djo (A) Administrative Office Space $ 8.100 $ 2,700 $ 10_800 (B) Undercover Office Space $ 3.15n $ 1.050 $ 4.200 (C) Utilities $ 7,200 S 2,400 $ 9,600 (D) Telephone (office h Cellular) $ 9,000 $ 3,000 S "12,000 (E) Pager Rental $ 1,344 $ 672 $ 2,016 (F) Lease vehicles $ 35,250 $ 11,750 S 47,000 (G) Gasoline for'Task Force $ 11,344 $ 3,781 $ 15,125 (H) Insurance of Lease Vehicles $ 3,255 $ 1,085 $ 4,340 (1) Confidential Funds $ 15,000 $ 5,000 $ 20,000 (J) Janitorial $ 900 $ 300 S 1,200 TOTAL SUPPLIES&DIRECT OPERATING EXPENSE BUDGET $ 96,436 $ 32,145 $128,581 REQUIRED NARRATIVE: Describe the basis for arriving at the cost of each line item. K. Office Supplies $ 900 $ 300 $ 1,200 L. Training 825 275 1,100 SCHEDULE G INDIRECT COSTS CJ LOCAL CASH REQUEST CONTRIBUTION TOTAL (A) Indirect Costs Per Approved Cost Allocation Plan $ $ $ (B) Indirect Costs Per CJD Compu—ition Table $ 9.694 S. 1,231 $ 4.925 NOPE: Indirect costs are authorized in an amount not to exceed the computation table in the CJD Financial and Administrative Requirements section of thegrant application kit, or as authorized per the applicant's cost allocation plan_ REQUIRED NARRATIVE: If method (A)is used,specify the rate and attach a copy of the docu- ment by which the current cost allocation plan was approved. Y CJD-14 �� 4 IL o tR o v t 4q� Re ffH Y < v � zR , JAR m �f 2r&°si° -a� e mil I itf lij ° ry �o aD gas S. a 'n d Ulma g a • °x.g m 4opf e 2 FA'C _•s 5 p$p� ��g� ;�_g3•�3F3 ��3� 3 SS $.F N��.5 Etg$� 9a , �9 Eli PART V ASSURANCES The Applicant hereby assures and certifies that he will comply with the regulations,policies,guidelines and to— quiromonts,including OMB Circulars No.A-95,A-102 and No A-87,as they relate to the application,accpt— aoce and use of Federal funds for this federally—assisted project. At"the Applicant assures and certifies to the grant that. 1.Is possesses legal authority to apply for the grant;that a 4.It will comply with requirements of the provisions resolution, motion or similar action has been duly - of the Uniform Relocation Assistance and Real Property adopted or passed as an official act of the applicant's Acquisitions Act of 1970(P.L 9146461 which provides governing body,authorizing the filing of the application. for fair and equitable treatment of persons displaced as a krduding MI understandings and assurances contained result of Federat and federally assisted programs. therein,and directing and asthoriring the person identi- S.It will comply with the provision of the ttrtct Act fid as the official representitive of the applicant to act which limit the political activity of emPnoyeeL in connection with the sppliestion and to provide such 6.It will comply with the minimum wage and maximum additional information as may be required. hours provisions of the Federal Fair Labor Standards 2 It will comply with Title VI of the Civil Rights Act of An'as they apply to hospital and educational inssitu• mtL 1964 IP.L.6&3521 and in accordance with Tilde VI of tion employees s %State and local owememplo that Act,no person in the United States shall,on the 7.It will sir posi ions for to prohibit employees from pound of race,color,or national origin,be excluded ting their of being lar a`Wd.byrpost that is or gives the from participation in.be denied the benefits of,or be inforappearance m being rotihers, by i desire for private Pin for themselves or other,paniculirly those with otherwise subjected to discriminstion under my pro- whom they have family,businessor other ties. Went or activity.for which the applicant receives Federal financial assistance and will immediately take any mea- 8.It will give the aponsorinp agency or IM Comptrollir aur necessary to effectuate this agreement General through any authorized representative 16 3.It will comply with Tide VI of the Civil Rights Act of access to and the right to examine all records,books, 1964(42 USC 2000d)prohibiting employment dicrimi- papers,or documents related to the grant. nation where ll►tlx primary purpose of a grant is to 9.It will comply with all requirements imposed by the provide employment or(2)discriminatory amPfoyment Federal sponsoring agency concerning special practices will result in unequal vestment of persons who requirements of law,program requirements,and other are or should be benefiting from the grant-aided activity. administrative requirements. 10.-It Vill insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 11.I1: will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31,-1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. CJD-17 Lf PART V (Continued) The phrase 'Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance 1pan or grant, or any other form of direct or indirect Federal assistance. 12. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, " and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in' or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects(see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 13. It will comply with the Uniform Grant and Contract Management Standards (UGCMS) developed under the directive of the Uniform Grant and Contract Management Act of 1981, Texas Civil Statutes, Article 4413(32g). CJD-18 DESIGNATION OF GRANT OFFICIALS In compliance with CJD rules relating to Eligible Applicants and Application Processing, Subsection 3.48(c), applicants must provide the full names, titles, addresses, and telephone numbers for_the auth- orised official, financial officer, and project director for each grant submitted for consideration by the governor. APPLICANT: Walker County PROJECT TITLE: Central East Texas Narcotics Task Force Y Gary L. Howze Dan Clower Project Director Type or Print Financial Officer Type or Print Commander County Auditor itle Title P.O. Box 433 1100 University Avenue Address Street or P. 0. Box Address Street or P. 0. Box Huntsville' 77340 Huntsville 77340 City Zip City Zip 409-291-7473 409-291-9500 Telephone Number Telephone Number Frank Robinson Authorized Official (Type or Print . County Judge Title 1100 University Avenue Address Street or P. 0. Box Huntsville 77340 City Zip 409-291-9500 Telephone Number CJD--B (/ Central East Texas Narcotics Task Force The Central East Texas Narcotics Task Force is comprised of ten investigators from five entities; one from the Walker County Sheriff's Department, one from the Walker County District Attorney's Office, one from the Madison County Sheriff's Department, two from the Huntsville Police Department, two from the Internal Affairs Division of the Texas Department of criminal Justice, and three federally funded officers commissioned through the District Attorney's Office. The investigators are divided into teams, each of which receive target and location assignments from the Task Force Commander. The Commander, in turn, monitors the investigators' actions and time to ensure maximum productivity on each investigation daily. Additionally, all investigations are conducted through the knowledge and approval of the District Attorney's Office to ensure each case is completed lawfully with all due process. The Task Force is ultimately monitored by a board comprised of the Walker County Sheriff, Madison County Sheriff, Walker County District Attorney, Huntsville Police Chief, and the Texas Department of Criminal Justice Internal Affairs Assistant Director. This board is continually advised of all actions of the Task Force by the Task Force Commander. All expenditures by the Task Force are audited monthly by the Walker County Auditor's Office to ensure all expenses are incurred through the auditor's policies and procedures. All expenditures from the grant are additionally audited by the State Auditor's Office. At the end of each grant year, an additional audit must be conducted by a neutral outside auditor. Constant checks and balances exist to ensure no money is spent without justification. The grant request for 1991 is $339,546.00, which is $110,428.00 or a 67g increase over 1990's grant. The matching funds request is $84,886.00 which is a $28,737.00 or a 66* increase over 1990's grant. The major portion of this increase is a request for three additional personnel. The Task Force is requesting an additional investigator (salary and benefits = $29,500) because of the increased demands from the community. The District Attorney's Office is requesting an additional prosecutor (salary & benefits = $47,500) to prosecute the increased cases from the Task Force. The District Clerk is requesting an additional clerk (salary & benefits = $13,000) to handle the increase in paperwork generated from the Task Force. There is a request to increase confidential funds by $15,000 due to the Task Force expending last year's request of $5,000 in the first quarter. Additional increases are $8,000 in car rentals, $8,000 in phone service, $4,200 in undercover operations, $1,200 in office supplies, $2,400 in utilities, and $1,100 in training. The major decrease in last year's grant request is the $20,000 granted for equipment. There is no request for equipment for 1991. The Task Force has investigated 217 cases and closed 145 of those cases. The Task Force has arrested 80 drug offenders, many of them have been arrested multiple times. There have been 126 charges against the 80. The Task Force has seized narcotics from the streets of Walker and Madison Counties valued at $15,000. Property has been seized valued at $10,000. $220,000 in currency has been seized. Of this $2220,000 seized, VE 7-7000 has been forfeited. of the $177,000 forfeited, 5$ 6,000 was 25t cash match on 1990 grant, $45,000 was to fund the Drug Prosecution Unit, and $17,000 was to purchase equipment and supplies not funded on grant. Adding $6,000 contributed by participatFng entities, there remains6$ 5,000 in CETNTF funds. There exists $41,000 in seized funds that have not been forfeited to date. There exists an additional $30,000 in program income which will be dedicated to cash match. If the existing account remains intact, the Task Force will remain to be self-sufficient. ,,'��4 ZX4ZX Gar L. owze Commanpde�, CETNTF FF Da a Myers sheriff, Walker,- ount j�!� ks [_�I avid eks Distrittorney, Wa ker County Travis Neely S�iiff adison ounty k,iLV&ant Ass't �Director o1/f/f I-nteer-nal Affairs Hank Eckhardt Chief, Huntsville Police Dept. r �o_ RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-6 Telephone Franchise Steering Committee 03-28-91 RESOLUTION NO. 91-Co A RESOLUTION BY THE CITY COUNCIL OF MiniTSy/G LF TEXAS, APPROVING PARTICIPATION IN TELEPHONE FRANCHISE STEERING COMMITTEE;AND DECLARING AN EFFECTIVE DATE WHEREAS,the City has a public responsibility to protect the public rights-of-way and easements and to require the telephone company to assume certain duties and responsibilities regarding such easements and rights-of-way by means of reasonable terms and conditions in a franchise ordinance;and WHEREAS, a steering committee of cities could share information, develop a model ordinance, obtain special legal and auditing counsel and provide further assistance to the member cities in the adoption of franchise ordinances with the telephone utility company; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of _/&17ts4Z&E ,Texas: Section 1. That the participation by the City in the Telephone Franchise Steering Committee is hereby approved and does not obligate the City to any payment. Section 2. It is anticipated that a pro-rata fee shall be assessed by the Telephone Franchise Steering Committee at a later date. Such financial obligation shall require the approval of a separate resolution. Such fee shall be based upon expected costs for the purposes stated above and be determined by the population of the City. Section 3. That this resolution shall be effective when adopted. PASSED, APPROVED, AND ADOPTED this the Z day of 1991. APPROVED: Mayor ATTEST: (;t4yecr4.ta &2S//� RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-7 Wayne B.Woods-Resolution in Memory of 05-28-91 ,4} 1 s . y8� 0. RESOLUTION NO. 91-7 IN MEMORY OF WAYNE B. WOOD WHEREAS: The City Of Huntsville wishes to acknowledge the loss of OFFICER WAYNE B* WOOD and to recognize him, not only for his service as a dedicated Huntsville Police Officer, but also as a caring person; and WHEREAS: WAYNE B. WOOD was a loving husband, father, and grandfather; his loving family being the center of his life and whose warmth and closeness provided him strength, happiness and joy; and WHEREAS: His association with the Police Department of the City of Huntsville, Texas began in 1965 and involved service in patrol, patrol supervision, as a field training officer, a warrant officer, a firearms proficiency officer, in narcotics, and for the past six years as a detective; and WHEREAS: OFFICER WOOD'S experience and maturity was a vital asset to the Huntsville Police Department, along with his knowledge of the people and community which led to the identification and solving of cases for himself and other detectives; and WHEREAS: OFFICER WOOD held an Advanced Certificate from the Texas Commission on Law Enforcement Officer Standards and Education and completed well over 1,000 hours of training from law enforcement schools and seminars to further his expertise in protecting Huntsville's citizens; and WHEREAS: Numerous letters of commendation and thanks have been received by OFFICER WOOD over his 26 years of service which serve as written testimony to his effectiveness as a Police Officer and to his humanitarian qualities as a caring citizen. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Huntsville City Council that the memory of OFFICER WAYNE B. WOOD will be forever honored for his Professionalism in the cause of the preservation of peace and that his family, friends and fellow officers be acknowledged in their loss of this loved one; and that it be further resolved that OFFICER WOODS Call No. 223 will be retired. RESOLVED AND SIGNED on this the 28th day Of May, 1991. W. H. HODGES, -MAg g RON�diD L. LANGE, COUNCILMEMBER CHARLES ROBINSON, COUNCILMEMBER O. EUGENE/BARRETT, MAYOR PRO TEM J ^S L. CARTER, COUNCILMEMBER WILLIAMffR., COUNCILMEMBER GARY BELL COU ILMEMBER ILA GAINES, COUNCILMEMBER WILLIAM B. GREEN, COUNCILMEMBER A& RECORDS SERIES TITLE: Ordinance,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution No.: 91-08 Title: SYNCHRONIZATION OF 11 TH ST. Date: 08-06-91 comfortable in saying is that this is a time when he thinks that transitional discussion on how to make it happen is very realistic and some people tell him it is past due. Heeuraged the Council to open that discussion at this time as it is considering next year's budget. He said he I.as available as anyone can be to talk about how to make it work for the benefit of the community. Mayor Hodges said Mr. Mead has been discussing this with some staff members for the past two to three weeks, so there has been some conversation going on about this. He said the city currently spends some$50,000 a year on various HEAP activities and if the Council would like to consider this, the city could possibly transfer some of the HEAP activities through the YMCA. He said Mike has assured him that as HEAP does not charge for people who can't pay, the YMCA will not charge those who cannot pay. He said he would like to consider transferring some of those activities to the YMCA and even subsidizing them for several years until they really get on their feet; it may be an opportunity for the city to cooperate with the Y. He asked if there are any comments or questions. Councilmember Knotts felt it is well worth looking into and this is the type of privatization that he has been hollering about for years. lie said he feels the city can become more efficient. Councilmomber Green asked Mr.Mead to make the council aware of some of the activities the YMCA is currently involved in and those activities he sees where there is duplication that could be transferred. He said it is hard to make a recommendation other than to begin talking about something a Little more concrete. Mr.Mead said he can provide extensive or minimal information,whatever is requested. Mr. !lodges asked Mr.Mead to continue his discussions with Mr. J. D. Schindler or other staff with whom he has been working. ATTENDING CITIZENS The Progressive Women's Association of Huntsville to present a matching funds contribution for the improvements in the Martin Luther King Neighborhood Center Ms.Bernita MitcheLt, Chairman of the Committee for the Martin Luther King Center, introduced the other members of the Progressive Women's Association in attendance, as fo[Lows: Mary Robertson, Lynn Kelley, Ercia Cole, Erma Gambrel[, JoAnn Purvis, Enna Merchant, and lesa Minor. Ms. Mitchell said this organization raised $1,500 to be matched by city funds so that tables, chairs and a P.A. system can be purchased for the Martin Luther King Neighborhood Center. She presented$1,500 to Mayor Hodges, who thanked the organization for the check, noting they do a sensational job in promoting and conducting the annual Juneteenth Parade. He observed it would seem that because this organization always seems to be able to meet the challenge for this city matching program, this arrangement could go on for several years. lie then presented the check to Patricia Allen, Director of Finance. Councilmember Barrett noted the city should cooperate with them to the full extent to try to keep the facilities in good condition, as Councilmember Robinson has suggested on several occasions. lie felt in addition to the Police monitoring the building and area and the city's regular maintenance of the facility, the Council should continue to work with this organization. Mayor Hodges noted that is a good point. He again thanked the Progressive Women's Association for their$1,500 check. CONSIDER RESOLUTION Consider a resolution authorizing the traffic light synchronization program grant application City Manager, Gene Pipes, presented this resolution, the caption of which is as follows: RESOLUTION NO. 91-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE TRAFFIC LIGHT SYNCHRONIZATION PROGRAM GRANT APPLICATION He noted in the last discussion of this item, there was a recommendation of a slightly higher matching amount to increase the sophistication of the interconnect on the signals on 11th Street, with the city's share being $13,500. He said reminded the Council of their budget discussions on Saturday and noted this would be one of those initiatives [on page 201 that would come off the top before any other decision package. He said if the council commits to this resolution tonight, which obviously has a great deal of benefit to the community if the city is successful in receiving the grant, then that$13,500 would need to be factored out of that$368,000+/- that is available. Councilmember Knotts made the motion to approve of Resolution No 91-8 and Cou citmember Carter seconded the motion. All were no favor and the motion passed unanimously. CONSIDER ORDINANCE Consider Ordinance calling a public hearing on the designation of a reinvestment zone d directing delivery of notice to other governing bodies Mayor Pledges presented this ordinance, the caption of which is as follows: RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-9 Submit App.to Tx.Forest Service 09-03-91 RESOLUTION NO. 91-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS FOREST SERVICE - SMALL BUSINESS ADMINISTRATION TREE PLANTING GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE TREE PLANTING GRANT PROGRAM. WHEREAS,the City Council of the City of Huntsville desires to develop a viable urban community, including decent housing and a suitable living environment;and WHEREAS,Mrs.Josephine Miller Bush donated to the City for the purposes of developing a public park a 3.664 acre tract;and WHEREAS,the Texas Forest Service has available grant funds for the purpose of planting trees on land owned or controlled by state or local governments by obtaining services and supplies from small business owners; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: 1. That a Small Business Administration, National Tree Planting Program Grant Application is hereby authorized to be filed on behalf of the City with the Texas Forest Service. 2. That the application be for$4,350 of grant funds to carry out tree planting at Bush-Miller Park. 3. That the City Council directs and designates the City Manager as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the program. 4. That it further be stated that the City of Huntsville is committing $3,560 as an in-kind contribution toward the activities of this project for a total project cost of$7,910. Passed and approved the 3rd day of September, 1991. THE CITY OF HUNTSVILLE B A W.H.Hodges,Mayo DeShaw,City Secretary AP OVEZTO Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-10 Traffic Signal 09-03-91 RESOLUTION NO. 91-10 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFHUNTSVILLE SECTION 1. That the certain agreement dated 9-3-91 between the State of Texas and the City of HUNTSVILLE for the installation, construc- tion, existence, use, operation, and maintenance of certain highway traffic signals/illumination at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Huntsville , be and the same is hereby approved, and W. H. Hodges, Mayor is hereby authorized to execute said contract on behalf of said city and to transmit the same to the State of Texas for appropriate action. SECTION 2_ That this Resolution shall take effect immediately upon its passage. ADOPTED: September 3, 1991 APPROVED: September 3, 1991 Mayor ATTEST- ec etary City Clerk APPROVED AS TO FORM: City Attorney RESOLUTION (TRAFFIC SIGNAL/ILLUMINATION) 11-84 1-1 STATE OF TEXAS COUNTY OF WALKER 1. RUTH DESHAW , the duly appointed, qualified and acting city secretary of the City of HUNTSVILLE Texas, hereby certify that the foregoing pages constitute a true and correct , COPY of an ordinance/resolution duly passed.by the City Council at a meeting held on September 3 , A.D., 19 91, at 5:15 —o'clock P — M. To certify which, witness my hand and seal of the City of HUNTSVILLE Texas, this 3r�_day of September 19 .91 , at Huntsville Texas. L-�Ity ecre ary o the ty o HUNTSVILLE , Texas STATE OF TEXAS ( COUNTY OF TRAVIS This AGREEMEgr, dated this 3rd day of September , 19 91, by and between the State of Texas, hereinafter called the "State," party of the First Part; and the City of HurlUYi7lP I walker County, Texas, acting by and through its duly authorized officers under an Ordinance/Resolution, passed the 3rd day of September , 19 91, hereinafter called the "City," Party of the Second part, is made to became effective when fully executed by both parties. W I T N E S S E T H WHEREAS, there is (are) (a) highway traffic signal(s) in place at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, said highway traffic signal(s) having been installed by the City and/or State and now being operated and (. maintained by the City; and ; WHEREAS, the State under the provisions of the Texas Register Title 43 TAC 25.5, has authority to install, operate and maintain traffic signals on freeway type high- ways in all cities and on other highway routes in cities of less than 50,000 popula- tion (latest Federal Census); and WHEREAS, the City has requested the State assune the maintenance and operation of the highway traffic signal(s) now in place at the location(s) shown on EXHIBIT 1 and has authorized the continued existence, use, operation, and maintenance of the highway traffic signal(s) by Ordinance/Resolution passed on the 3rd day of September 19 91 pQ2EEMQ7'I' (TRAFFIC SIGNAL - TYPE G) 1-4 07-89 liability and damages for any and all injuries or damages sustained by any person or property in consequence of any neglect in the performance, or failure of performance of the City, its agents and employees under this Agreement. 10. The State will not incur any financial obligation to the City as a result of this Agreement. 11. The States maintenance and operation of the traffic signals made a part of this agreement shall take effect at 8:00 AM on the first Monday following thirty days after the date of adoption of this agreement by the City of Huntsville. AGREEMENT (TRAFFIC SIGNALJPYPE G) 3-9 07-89 Revised 10-23-91 (Added Item 11) District 17 I EXHIBIT 1 LOCATIONS 1. US 190 & Normal Park 2. US 190 & SH 75 (Ave Q) 3. US 190 & Ave 0 4. US 190 & FM 247 5. US 190 & Ave K (University) 6. US 190 & Spur 94 7. US 190 & Ave F 8. US 190 & Elm (Flashing Beacon)(School) 9. US 190 & SH 75 (Sam Houston) 10. SH 75 & 13th ( 11. SH 75 & 16th 12. SH 75 & 17th 13. SH 75 & 19th (Flashing Beacon) 14. SH 75 & 20th 15. SH 75 & Lake Road 16. SH 75 & Ave I 17. SH 75 & FM 1374 - 18. SH 75 & Sycamore 19. FM 2821 & FM 247 20. FM 2821 & SH 19 (Flashing Beacon)(School) 21. FM 2821 & SH 30 (Flashing Beacon) EXHIBIT 1 TEXAS DEPARTMENT OF TRANSPORTATION P. O. Box 3249 Bryan, Texas 77805-3249 September 20, 1991 Honorable William H. Hodges Mayor, City of Huntsville 1212 Avenue M Huntsville, Texas 77340 Dear Mayor Hodges: Attached for your file is an executed Agreement between the State and the City of Huntsville which will make the State responsible for the maintenance and operation of the traffic signals on the State Highway System which are presently maintained by the City. The effective date of this Agreement will be on October 7, 1991 as stated in Item 11 of the Agreement. We appreciate the time and effort your staff has shown in maintaining and operating these signals. Sincerely, Robert R. Odstrcil, P. E. Traffic Engineer District Seventeen RRO:nr Attachment cc: Mr. Allan Pritchard, P. E. Mr. Raymond Kurtz An Equal Opportunity Employer RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-11 Tx Forest Service-Grant Program 10-15-91 RESOLUTION NO.OL-a I l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS FOREST SERVICE-AMERICA THE BEAUTIFUL-TEXAS INITIATIVE CHALLENGE GRANT PROGRAM AND AUTHORIZING THE CITY MANAGERTO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE AMERICA THE BEAUTIFUL GRANT PROGRAM. WHEREAS,the City Council of the City of Huntsville desires to develop and maintain a viable urban community,including a suitable living environment;and WHEREAS, the City Council recognizes the high aesthetic and functional value of green space and landscaped areas;and WHEREAS,the City of Huntsville and Walker County have agreed to the development of a Founder's Spring Park on land owned by the County which was the original town spring site;and WHEREAS,the Texas Forest Service has available grant funds for the purpose of planting trees on land owned or controlled by state or local governments through the America the Beautiful-Texas Initiative Challenge Grant Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE.TEXAS: 1. That an America the Beautiful-Texas Initiative Challenge Grant Program Application is hereby authorized to be filed on behalf of the City with the Texas Forest Service. 2. That the application be for$5,955 of grant funds to carry out tree planting at Founder's Spring Park. 3. That the City Council directs and designates the City Manager as the City's Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the program. 4. That it further be stated that the City of Huntsville is committing $7,282 as an in-kind contribution toward the activities of this project for a total project cost of$13,240. Passed and approved the day of October, 1991. THE CITY OF HUNTSVILLE By: W.H.Hodges, ay �,_CnyS.mty/u . AP OVED TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-12 Resol.Trust Corp.Convey Certain Prop.to City 11-12-91 RESOLUTION NO.91- 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REQUESTING THAT THE RESOLUTION TRUST CORPORATION CONVEY CERTAIN PROPERTY TO THE CITY;AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the Resolution Trust Corporation has initiated a program to donate properties to public agencies and nonprofit organizations for use as housing for lower income families,homeless shelters,transitional housing,day care facilities,or other approved public purposes; WHEREAS the Resolution Trust Corporation owns property at 1305 lith Street that qualifies for conveyance to nonprofit organizations or public agencies for the public purposes;and WHEREAS the City of Huntsville is committed to encouraging the revitalization of downtown through providing parking and the existing open space; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1:The Mayor and City Manager are authorized and directed to request that the Resolution Trust Corporation donate a part of the property at 1305 11th Street to the City of Huntsville,Texas,for public purposes. SECTION 2:The City allocates funds in the amount of$2,400.00 to pay for closing costs, commissions,back taxes,and other outstanding expenses for the site,and for future development of the site. SECTION 3:This resolution shall take effect immediately. CITY OF HUNTSVILLE by W.H.Hodges,May r ATTEST: L Q City Secretary APWOVED AS TO FORM: Scott Bounds,City Attorney 11 th STREET 8JS4'1 E 1-00' 1 w R 10— o a ee on 1ne C/fy o/NunfsWl'Hoath/n,ura e 1! f F°fe mop,dpf.d Fdruary 9B1^ s o erly ' � N mvproNy oar,roone,.;mm v o/in.pnood O BL6OCK 1 1 fid ; '} Vol. 198, Pg. 3 D. R. - tS so.BB• BJSB'JO"E ----eEj--E—;--� 70 ------- , Tract 2 -- 0.449'acre^v 7 3 �N 8 Huntsville Savings and Loon Association Vol. 345, Pg. 795 D.R. Residue of toll 27,512 sq. ft. {F MIN B9]T50" oll H, I vol..OB. 9 or o.F. tai F es aur OF RESURVEY OF HUNTSVILLE SAVINGS and LOAN ASSOCIATION 1.103 ACRE TRACT In the City of Huntsville P.GRAY SURVEY,A-24 Walker County, Tezas 1.JOE 0.n—R,R,yl,(ared P-fe,xio-L-d Surveyor, 9 do hereby cert//y Ihof fM1i,ala(repreamf,a rKy made m fMp�°,°s°im,nt:are ux °nom chat°4xmonum<n(x and Octose,i99t d Scale: 1' =40 Feet "'6 R, rut noon a oo n/ J RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-13 Appraisal B.O.D. 11-12-91 RESOLUTION NO.91-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, DETERMINING THE VOTE OF THE CITY COUNCIL FOR CANDIDATE(S)TO THE BOARD OF DIRECTORS OF THE WALKER COUNTY APPRAISAL DISTRICT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS section 6.03 of the Texas Tax Code provides for the nomination and election of a board of directors for appraisal districts; and WHEREAS the governing body of each taxing unit entitled to vote shall determine its vote by resolution and submit it to the Chief Appraiser of the Appraisal District before November 15;and WHEREAS the governing body may cast all its votes for one candidate or distribute them among candidates for any number of directorships; and WHEREAS a copy of the official ballot is attached hereto; and WHEREAS in 1991,the City of Huntsville has 638 votes; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1:The City Council of the City of Huntsville,Texas hereby casts its votes for Walker County Appraisal District Board of Directors as follows: Candidate Votes Fred Cherry 91 Jerry Larrison 91 Ralph Lawson 91 William Nash 92 Robert Oliphant 91 J.S.Robinson 91 Joyce Robinson 91 SECTION 2:The Mayor is hereby authorized and directed to execute the official ballot of the City and to deliver its votes to the Chief Appraiser before November 15, 1991. SECTION 3:This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this the 12th day of November, 1991. CITY OF HUNTSVILLE W.H.Hodges,May ATTEST: ene Pipes,Cio Manager Walker County Appraisal District APPR.USAL Di47RICTBOARD . IMSDIcnom; CHAIRMAN q9 Rdp6Lwam G4 dN Gq ai—wa dy VICECHADUHAN P.O.BOX 1798(1819 SYCAMORE) dRivaaide F.dCbmy HUNTSV111E,'ERAS 77342.1798 - Dlim e M.UD. 409/295440-409295-9188 Flims L�*KU. SECRETARY IM Rd.;— New Wa.v1rISD. RiduwdalS.D. wd&mNadi wan=cs l Wa@a Ca FkVkd Diwu L-y WaBc Vrl-k—µD—M.U.D. CHIFFAPPRAISER 41—A.G.k OFFICIAL BALLOT In compliance with the State Property Tax Code, Section 6.03, candidates to fill the seven seats on the Walker County Appraisal _ District Board of Directors for:the 1992-1994 term are to be noted on from the following list of nominees_ Candidates Votes Cast Fred Cherry 91 Jerry Larrison 91 Ralph Lawson 91 - - William Nash 92. Robert Oliphant 91 J. S. Robinson 91 Joyce Robinson 91 Jurisdiction CITY OF HUNTSVILLE Presiding Office 4atovem4berr �3 -An Equal Opportunity Employer RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-14 Appointing An Interim City Secretary 12-10-91 RESOLUTION NO.91- 14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, APPOINTING AN INTERIM CITY SECRETARY; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the City Secretary of the City of Huntsville,Texas,has resigned, NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas, that: SECTION 1: Danna Welter is hereby designated City Secretary for the City of Huntsville on a temporary basis to ensure proper performance of City functions. SECTION 2: Danna Welter shall be additionally compensated for the duration of the temporary assignment in the amount of$200/month auto allowance. SECTION 3: This resolution shall take effect from December 1, 1991. PASSED AND APPROVED this the /04 day of December, 1991. THE CITY OF HUNTSVILLE by: W.H.Hodges, May r ATTEST: A' l rx City Secretary APPROVED AS TO FORM: Scott Boun s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 91-15 Auth.Traffic Light Synch.Prog.Grant App. 08-06-91 RESOLUTION NO. 91-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE TRAFFIC LIGHT SYNCHRONIZATION PROGRAM GRANT APPLICATION. WHEREAS the City of Huntsville recognizes that it is in the interest of the national economy to promote the conservation of energy resources to reduce our nation's dependence on costly foreign oil; and WHEREAS the retiming of signals by the City of Huntsville will provide benefits to the local community in the form of improved traffic flow, reduced fuel consumption, reduced vehicle operating costs, reduced air pollutant emissions, and improved safety due to smoother traffic flow; and WHEREAS funds have been established and are available through the State Department of Highways and Public Transportation for grants to local governments for traffic signal retiming projects; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: The City of Huntsville authorizes the submission of an application to the State Department of Highways and Public Transportation for a Traffic Light Synchronization grant and, if the application is selected for funding, the City Traffic Engineer of the City of Huntsville is hereby authorized and empowered to execute in the name of the City of Huntsville all necessary applications, contracts, and agreements to implement and carry out the purposes specified in this resolution. Executed this ct,7A day of )// 1991. THE CITY OF HUNTSVILLE G W. H. Ho ges, Mh r ATTEST:_ CR th DeShaw, City Secretary APPRO D AS TO F RM: 4scotounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-1 H.G.A.C.Rep.-Ila Gaines(Alt.Carter) 01-07-92 RESOLUTION 92-1 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY AND BOARD OF DIRECTORS **************************** BE IT RESOLVED, by the City Council of Huntsville, Texas that the following be, and they are hereby, designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 1992: REPRESENTATIVE Ila G. Gaines ALTERNATE James L. Carter FURTHER THAT, they are hereby, designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 1992. THAT, the Executive Director of the Houston-Galveston Area Council be noti- fied of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the 7th day of January 1992. APPROVED: ayor ATTEST: �m HoustonGalveston Area Councfl Office of the Executive Director PO Box 22777•3555 Timmons•Houston,Texas 77227-2777•7131627-3200 November 4, 1991 The Honorable Bill Hodges Mayor, City of Huntsville 1212 Avenue M Huntsville, TX 77340 Dear Mayor Hodges: I am writing regarding designation of your city's representatives to H-GAC's 1992 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (1990) to select one member of its governing body as its representative and one member of its governing body as an alternate to the Houston-Galveston Area Council General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 1992 designated representatives begin their terms of office at the Annual Meeting. If more information concerning General Assembly and Board of Directors membership would be useful, please contact me or Cynthia Marquez of the staff. Thanks for your help in selecting H-GAC's 1992 General Assembly and Board of Directors. Sincerely, Jack Steele JS:cm Enclosure xc: City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-2 Election Returns From 01-18-92 01-21-92 RESOLUTION NO.92-2 A RESOLUTION CANVASSING THE RETURNS OF THE REGULAR MUNICIPAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 18TH DAY OF JANUARY,1992,FOR THE PURPOSE OF ELECTING FOUR COUNCILMEMBERS,ONE FROM EACH OF THE CITY'S FOUR AT-LARGE POSITIONS, AND FOR THE PURPOSE OF VOTING ON SEVEN (7) AMENDMENTS TO THE CHARTER OF THE CITY OF HUNTSVILLE; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN,THAT THE ELECTION WAS PROPERLY HELD AND RETURNS 'THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council, at a regular meeting held on the 21st day of January, 1992, proceeded to canvass the returns of the regular municipal election held in the City on the 18th day of January, 1992, for the purpose of electing four Council members, one from each of the City's at-large positions, and for the purpose of voting on seven (7) amendments to the Charter of the City of Huntsville; and WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 91-28 calling the election; and WHEREAS the election having been duly and regularly had as called in the ordinance and according to law,and the returns thereof having been made and the election judges having certified the results of the election,as hereinafter set out,and the City Council having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: FOR COUNCILMEMBER AT-LARGE,POSITION 1 DAN S.DAVIS ... ................. 120 WRITE-INS ........................ 10 FOR COUNCILMEMBER AT-LARGE,POSITION 2 ILA G. GAINES ........... ........ . 121 WRITE-INS ... ..... .......... ...... 8 FOR COUNCILMEMBER AT-LARGE,POSITION 3 JIM CARTER ..................... 114 WRITE-INS ........................ 8 FOR COUNCILMEMBER AT-LARGE,POSITION 4 WILLIAM B.GREEN ............... 118 WRITE-INS ........................ 9 CHARTER AMENDMENT FOR AGAINST 1. The charter amendment to update 132 11 state statutory references contained in charter. 2. The charter amendment to conform the 137 8 City election procedure with state law. 3. The charter amendment to require one 87 59 City Council meeting per month. 4. The charter amendment to require a 111 30 descriptive caption of franchise ordinance to be published in the newspaper prior to adoption. 5. The charter amendment to extend the 102 38 period of time to file a notice of claim against the City from 45 days to six months. 6. The charter amendment to prohibit any 99 45 City Councilmember, officer or employee from participating in the award of a contract in which a member,officer or employee has a substantial interest. 7. The charter amendment to make the City 128 14 nepotism rule comply with state law. WHEREAS the City Council of the City of Huntsville finds that the election returns set out above to be accurate and correct,and no election protest or contest has been filed with Council or instituted in connection with the election returns: NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: Dan S.Davis received a majority of the votes cast at the election for the office of Councilmember At-Large, Position 1, and accordingly, Dan S. Davis is hereby declared elected to the office of Councilmember At-Large, Position 1,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 2: Ila G.Gaines received a majority of the votes cast at the election for the office of Councilmember At-Large, Position 2, and accordingly, Ila G. Gaines is hereby declared elected to the office of Councilmember At-Large, Position 2,subject to the taking of her oath and filing bond as provided by the laws of the State of Texas. SECTION 3: Jim Carter received a majority of the votes cast at the election for the office of Councilmember At-Large, Position 3, and accordingly, Jim Carter is hereby declared elected to the office of Councilmember At-Large,Position 3,subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 4: William B.Green received a majority of the votes cast at the election for the office of Councilmember At-Large,Position 4,and accordingly,William B. Green is hereby declared elected to the office of Councilmember At- Large, Position 4, subject to the taking of his oath and filing bond as provided by the laws of the State of Texas. SECTION 5: Charter Amendment No.1 was approved by a majority of the votes cast at the election on amendments and,accordingly Sections 2.01,3.01,and 14.23 of the City Charter of the City of Huntsville,Texas,are amended to read: SECTION 201. EXTENSION OF BOUNDARIES. (a) Territory adjoining and contiguous to the corporate limits of the City of Huntsville, as defined herein,may be annexed to said City,regardless of the shape or configuration or size thereof,upon application being made therefor, in writing to the City Council of the City of Huntsville,describing the territory by metes and bounds,sought to be annexed which said application shall be signed by a majority of those residing in said territory, who are qualified to vote for members of the Legislature of the State of Texas,which said application shall be proved by the affidavit of one or more persons that the signatures thereto are genuine. In the event it is found by said City Council that a majority of said qualified voters residing in such territory are favorable to annexation,then the said City Council may, by ordinance, declare such territory annexed to the City of Huntsville,and the same shall thenceforth be an integral part of said City. The provisions of this section shall not be construed to prohibit the owner of any uninhabited territory or property contiguous to the City of Huntsville,as defined in the Charter, from making application to the City Council to have same annexed to the City, and when such application is made and acted upon, an ordinance shall be passed,providing for the annexation of such property,and said property when so annexed[shall be covered by the same rules and regulations as other territory annexed under the provisions of this section. (b) The Council shall have the power by ordinance to fix the boundary limits of the City and to provide for the alteration and extension of said boundary limits, the annexation of additional territory lying adjacent to the City, and the detachment or disannexation of territory, with or without the consent of the owners and inhabitants of the territory annexed,detached,or disannexed in any manner not consistent with the procedural rules prescribed by Title 1,Subtitle C, of the Texas Local Government Code,as heretofore or hereafter amended. Upon the final passage of any ordinance annexing territory,the corporate limits of the City shall thereafter include the territory so annexed, and when any additional territory has been so annexed, the same shall be a part of the City of Huntsville and the property situated therein shall bear its pro rata part of the taxes levied by the City, and the inhabitants thereof shall be entitled to all of the rights and privileges of all citizens and shall be bound by the acts and ordinances, resolutions and regulations of the City. Upon the final passage of any ordinance detaching or disannering territory from the City, the corporate limits of the City shall be reduced by the territory so detached or disannexed. SECTION 3.01. GENERAL POWERS. The City shall have all the power granted to cities by the Constitution and Laws of the State of Texas together with all of the implied powers necessary to carry into execution such granted powers. The City may use a corporate seal,• may sue and be sued;may contract and be contracted with;may cooperate with the government of the State of Texas or any agency or any political subdivision thereof or with the federal government or any agency thereof to accomplish any lawful purpose for the advancement of the interest, welfare, health, morals, comfort, safety, and convenience of the City and its inhabitants; may acquire property within or without its corporate limits for any municipal purpose in fee simple or in any lesser interest or estate by purchase, gift, devise, lease, or condemnation and subject to the provisions of this charter, may sell, lease, mortgage, hold, manage, improve, and control such property as may now or hereafter be owned by it;may pass ordinances and enact such regulations as may be expedient for the maintenance of the good government,order,and peace of the City and the welfare, health, morals, comfort, safety, and convenience of its inhabitants. The powers hereby conferred upon the City shall include by are not restricted to the powers conferred expressly and permissively by the laws of the State of Texas. In addition to the powers enumerated herein and subject only to the limitations imposed by the Constitution and Laws of the State of Texas and by this Charter,the City shall have,without the necessity of express enumeration in this Charter,each and every power which by virtue of Article XI,Section V,of the Constitution of the State of Teras, the people of the City are empowered by election to grant or to confer upon the City by expressly and specifically granting and enumerating the same herein. All such powers whether expressed or implied shall be exercised and enforced in the manner prescribed in this Charter,or,when not prescribed herein, in such manner as shall be provided by ordinance of the Council. SECTION 14.23. AMENDMENT. (a) Amendments to this Charter shall be framed and submitted to the voters of the City in the manner provided by Chapter 9 of the Texas Local Government Code, as heretofore or hereafter amended (b) Every five years the Mayor,with approval of Council,shall appoint at least three person to a Charter Review Committee. The Committee shall report to City Council amendments,if any,to the City Charter that it recommends for submission to the City at a municipal election. SECTION 6: Charter Amendment No.2 was approved by a majority of the votes cast at the election on amendments and,accordingly Sections 4.01,6.01,and 6.08 of the City Charter of the City of Huntsville,Texas,are amended to read: SECTION 4.01. NUMBER, SELECTION AND TERM OF OFFICE. The Council shall be composed of a Mayor and eight Councilmembers. The Mayor, unless sooner removed under the provisions of this Charter, shall serve for two year terms,from the first Tuesday following the election until the first Tuesday following the general election two years later, or until a successor has been elected and duly qualified. Each Councilmember, unless sooner removed under the provisions of this Charter,shall serve for two year terms,from the first Tuesday following their election until the first Tuesday following the general election two years later,or until a successor has been elected and duly qualified. SECTION 6.01. GENERAL ELECTIONS. Regular Ciry general elections shall be held on the third Saturday in January. All Councilmembers and the Mayor shall be elected for two year terms, provided that the Mayor and Councilmembers from all Wards shall be elected on odd numbered years and all Councilmembers-at-Large shall be elected on even numbered years. In all odd year elections,each qualified voter shall vote for not more than one candidate for Mayor and for not more than one candidate for Councilmember from the qualified voter's ward In all even year elections,each qualified voter shall vote for not more than one candidate for each of the four Council-at-Large positions. Each election shall be ordered by the Mayor, or in the event the Mayor fails to do so by the Council. The City Secretary shall give notice of such election by causing the notice to be published at least forty days prior to the date of such election in the official newspaper of the City. SECTION 6.08. NOTIFICATION AND QUALIFICATION OF CITY OFFICIALS. It shall be the duty of the City Secretary to notify all persons elected or appointed to office of their election or appointment. All officials newly elected at a Citygeneral election may enter upon their duties on the first Tuesday following the date of their election. All other newly elected or appointed officials may enter upon their duties immediately. All elected or appointed officials must qualify by taking and subscribing their oath of office within thirty days following the date of their election or appointment;otherwise, the office shall be deemed vacant. SECTION 7: Charter Amendment No.3 was approved by a majority of the votes cast at the election on amendments and, accordingly Section 4.07 of the City Charter of the City of Huntsville,Texas,is amended to read: SECTION 4.07. MEETINGS OF THE COUNCIL. There shall be one or more regular meetings of the City Council each month, which shall be held at such times and places as shall be prescribed by ordinance. Special meetings may be called at any time by the Mayor, the City Manager,or by a majority of the Councilmembers qualified and serving by giving notice to the City Secretary who shall in turn give notice of such special meetings to all members of the Council at least twelve hours prior to such meeting. Provided, however, any member of the Council may either before or after such meeting waive such notice. All meetings of the Council,regular or special,shall be open to the public and shall be held at the City Hall of the City, except as provided by Article 6252-17 of the Texas Civil Statutes, as amended. The term City Hall as used in this Charter shall mean the Council Chambers. SECTION 8: Charter Amendment No.4 was approved by a majority of the votes cast at the election on amendments and, accordingly Section 13.03 of the City Charter of the City of Huntsville,Texas, is amended to read: SECTION 13.03. ORDINANCE GRANTING FRANCHISE. Every ordinance granting, renewing, extending, or amending a public utility franchise shall be presented in writing at two regular meetings of the Council and shall not be finally acted upon until thirty days after the first presentation thereof. Within five days following each of the two presentations of the ordinance, a descriptive caption of the ordinance stating in summary the purpose of the ordinance shall be published one time in the official newspaper of the City, and the expense of such publication shall be borne by the prospective franchise holder. SECTION 9: Charter Amendment No.5 was approved by a majority of the votes cast at the election on amendments and, accordingly Section 14.06 of the City Charter of the City of Huntsville,Texas,is amended to read: SECTION 14.06. NOTICE OF CLAIM. The City of Huntsville shall not be held responsible on account of any claim for damages or injuries to any person, whether such damages or injuries resulted in death or not,or property unless the person making such complaint or claiming such damages or injuries,shall within six months after the time in which it is claimed such damages or injuries were inflicted upon such person or property, file with the City Secretary a true statement under oath as to the nature and character of such damages or injuries,the extent of the same,and the place where same happened, the circumstances under which it happened, the conditions causing same,and a detailed statement of each item of damages and the amount thereof and,if it be for personal injuries, whether resulting in death or not,giving a list of witnesses, if any, known to affiants who witnessed such accident. SECTION 10: Charter Amendment No.6 was approved by a majority of the votes cast at the election on 8mendments and, accordingly Section 14.09 of the City Charter of the City of Huntsville,Texas,is amended to read: SECTION 14.09. PERSONAL INTEREST IN CITY CONTRACTS. No City official or employee shall participate in a vote or decision on any matter involving a business entity or real property in which the official or employee has a substantial interest as provided by state law. SECTION 11: Charter Amendment No.7 was approved by a majority of the votes cast at the election on amendments and, accordingly Section 14.10 of the City Charter of the City of Huntsville,Texas,is amended to read: SECTION 14.10. NEPOTISM. No person related within the second degree by affinity or within the third degree by consanguinity to the Mayor, any member of the Council or City Manager,shall be appointed to any office,position, clerkship or other service of the City. Nothing herein contained shall prevent the appointment,voting for,or confirmation of any person who shall have been continuously employed in any office,position,clerkship,employment or dutyfor the following period prior to the election or appointment, as applicable,of the officer or member related to such employee in the prohibited degree. (1) at least thirty days, if the officer or member is appointed;or (2) at least six months, if the officer or member is elected. SECTION 12: City Council finds that the notice of the election was duly and properly given as required by law and as provided in ordinance calling the election, and that the election was duly and regularly held and the returns thereof duly and regularly made by the proper officials of the election,and in all things according to the law. SECTION 13: This resolution shall take effect immediately from and after its passage. APPROVED this 21st clay of January, 1992. THE CITY OF HUNTSVILLE,TEXAS �HHo�dge,, ayor ATTEST: OZ- Danna Welter,City Secretary APPRO D AS F RM: Scott 138unds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-3 Signal Lights at SH 30&SH 75&19th St. 01-21-92 RESOLUTION 92-03 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE SECTION 1. That the certain agreement dated �—�'-9� between State of Texas and the City ofHuntsv5l�e , for the installation, construction, existence, use, operation, and maintenance of certain highway traffic signals/illumination at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Huntsville , be and the same is hereby approved, and is hereby authorized to execute said contract on behalf of said city and to transmit the same to the State of Texas for appropriate action. SECTION 2. That this Resolution shall take effect immediately upon its passage. ADOPTED: APPROVED: Z,Yayor ATTE T: Secretary City Clerk APPROVED AS TO FORM: .)cd6�. 4t--� City Attorney 1 of 1 RESOLUTION] (TRAFFIC SIGNAL/ILLUMINATION) TEXAS DEPARTMENT OF TRANSPORTATION P. O. Box 3249 Bryan, Texas 77805-3249 January 16, 1992 Honorable William H. Hodges Mayor, City of Huntsville 1212 Avenue M Huntsville, Texas 77340 Dear Mayor Hodges: This is in reference to our correspondence of August 20, 1991 stating that the intersections of SH 75 and 19th Street and SH 30 and Brazos Drive (North) and Financial Plaza Blvd. (South) met warrants for traffic signals and no funding was available. Traffic safety funding is now available and we have prepared the necessary plans and agreement for the installation of a fixed time traffic signal with a pedestrian signal at the intersection of SH 75 and 19th Street and a fully traffic actuated signal with safety lighting at the intersection of SH 30 and Financial Blvd. and Brazos Drive in the City of Huntsville. For the State to complete the installations, an agreement with the City must be established. Attached for your review, approval and signature are the original plan title sheet, City Resolution, City Secretary Certificate and an Agreement which provides for the installation, operation and maintenance of these signals. Please present this material to your City Council. After the City Council approves the resolution and adopts the Agreement, return the signed original plan title sheet and all executed copies of the aforesaid documents to this office for further handling. When these documents have been completed by the State, a copy will be returned to the City for your file and information. If we can be of further assistance, please advise. Siin��iwl/nce//rel��y, ULe Robert R. Odstrcil, P.E. Traffic Engineer RRO:tdm Bryan District Attachments cc: Mr. Allan Pritchard, P. E. Mr. Raymond Kurtz An Equal Opportunity Employer AGREEMENT FOR STATE TO INSTALL, OPERATE AND MAINTAIN INDIVIDUAL SIGNALS IN CITY UNDER 50,000 OR FREEWAY SIGNALS IN CITY OVER 50,ODO POPULATION STATE OF TEXAS § COUNTY OF TRAVIS § This AGREEMENT, dated this day of , 19_, by and between the State of Texas, hereinafter called the "State," Party of the First Part; and the City of Huntsville Walker County, Texas, acting by and through its duly authorized officers under an Ordinance/Resolution, passed the _ day of 19_ hereinafter called the "City," Party of the Second Part, is made to become effective when fully executed by both parties. W I T N E S S E T H WHEREAS, the City has authorized the installation, operation, and maintenance of highway traffic signal(s) by RM@&/Resolution, passed on the day of , 19_, at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof; WHEREAS, the State under the provisions of Title 43, Texas Administrative Code, Section 25.5, has authority to install, operate and maintain traffic signals on freeway type highways in all cities and on other highway routes in cities of less than 50,000 population (latest Federal Census) ; and WHEREAS, the City has a population of}%XW&/less than 50,000 population according to the latest Federal Census; and WHEREAS, the State wishes to cooperate with the City in the installation of traffic signal(s) at the location(s) shown in EXHIBIT 1- 1 of 3 11-91 AGREEMENT (TRAFFIC SIGNAL - TYPE I) A G R E E M E N T NOW, therefore, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed, as hereinafter set forth, it is agreed as follows: 1. The State will furnish the necessary funds for the actual construction, prepare plans and specifications, install said highway traffic signal(s), supervise construction, and upon completion of construction, will furnish the power and operate and maintain said highway traffic signal(s)_ 2. The City hereby consents to the construction of the highway traffic signal(s) shown on EXHIBIT 1 by the approval of the location and manner of construction as shown on the plans and described in the specifications. 3. The City will exercise no control whatsoever over the operation, maintenance, use, or existence of the highway traffic signal(s) without written authority from the Texas Department of Transportation. 4. The State shall have the authority to make such changes in the design and operation of the highway traffic signal(s) as it may deem necessary and advisable to promote the safe, convenient, and orderly movement of traffic. 5. The City will be responsible for the police enforcement required for securing obedience to the highway traffic signal(s). 6. In the event the signal(s) installed in accordance with this Agreement become unnecessary or are removed for any reason, this Agreement shall terminate. 7. The State will not incur any financial obligation to the City as a result of this Agreement. 2 of 3 11-91 AGREEMENT (TRAFFIC SIGNAL - TYPE I) IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate on the dates shown hereinbelow. Executed on behalf of the City, this c'I day of , 19 ATTEST: By: Secretary for City Mayor THE STATE OF TEXAS Certified—as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 100002. APPROVED: By Traffic Operations Engineer DATE: 3 of 3 11-91 AGREEMENT (TRAFFIC SIGNAL - TYPE I) EXHIBITyI LOCATIONS 1. INSTALLATION OF A FULLY ACTUATED TRAFFIC SIGNAL WITH SAFETY LIGHTING AT THE INTERSECTION OF SH 30 WITH FINANCIAL BLVD. AND BRAZOS DRIVE IN HUNTSVILLE, TEXAS_ 2. INSTALLATION OF A FIXED TIME TRAFFIC SIGNAL WITH A PEDESTRIAN SIGNAL AT THE INTERSECTION OF SH 75 AND 19TH STREET IN HUNTSVILLE, TEXAS. EXHIBIT 1 STATE OF TEXAS COUNTY OF Walker I, 1JCl Vl{11�/ L• yVeA y the duly appointed, qualified and acting city secretary of the City of Huntsville Texas, hereby certify that the foregoing pages constitute a true and correct copy of an d4aftXgXMe,/resolution duly passed by the City Council at a meeting held on �� , A.D., 191?:, at o'clock f/•M. To certify which, witness my hand and seal of the City of Huntsville Texas, this I;q day of J _ 19 [-) at Huntsville , Texas. City Secretary of the City of Huntsville Texas 11-91 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-4 Sub.of CJ Grant For D.A.R.E.Prog.at MSD 02-18-92 RESOLUTION NO.92-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR PURPOSES OF FUNDING A DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM WITHIN THE HUNTSVILLE PUBLIC SCHOOL SYSTEM. WHEREAS the use and possession of illicit drugs presents a continuing threat to the health and welfare of the youth of our community; and WHEREAS the City of Huntsville and the Huntsville Police Department are committed to negating the use and possession of illicit drugs by the youth of our community;and WHEREAS the Huntsville Independent School District has agreed to collaborate fully with the Huntsville Police Department in the implementation of a D.A.R.E. program within the 5th,6th,and 7th grades of public school; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: SECTION 1:That a grant application for the funding of a D.A.R.E.project is authorized to be filed on behalf of the City with the Criminal Justice Division of the Governor's Office. SECTION 2:That the application be for$30,686 of grant funds for the training and funding of a Police Officer specifically for purposes of the D.A.R.E.Project. SECTION 3:That the City Council directs and designates the City Manager as the Chief Executive Officer and Authorized Representative to act in all matters in connection with this application. SECTION 4:This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this the 18th day of February,1992. THECITY OF HUNTSVILLLEE `1v Al ATTEST: W.H.Hodges,Mayor ,aJ Ll�c�tc�c Danna Welter,City Secretary APPROVED�ATO M: Scott/'Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-5 Sub.of CJ Grant App.-Police Funding 02-18-92 RESOLUTION NO.92-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR PURPOSES OF FUNDING A POLICE OFFICER TO ADMINISTER TO A GROWING PROBLEM CONCERNING GANGS AND THEIR ACTIVITY WITHIN THE CITY. WHEREAS intelligence information received by the Huntsville Police Department indicates no fewer than ten juvenile gangs are currently active within the City; and WHEREAS reports indicate these gangs are organized and use the sale of illicit drugs as a primary source of income for funding gang related activities; and WHEREAS existing gangs are in direct competition with each other which has led to violent assaults and the carrying of weapons by gang members; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: SECTION 1:That a grant application for the funding of a Police Officer is authorized to be filed on behalf of the City with the Criminal Justice Division of the Governor's Office. SECTION 2:That the application be for$29,434 of grant funds for the funding of a Police Officer for purposes of identification, processing,and incarceration of those offenders associated with gang related activity. SECTION 3:That the City Council directs and designates the City Manager as the Chief Executive Officer and Authorized Representative to act in all matters in connection with this application. SECTION 4:This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this the 18th day of February,1992. THE CITY OF HUNT�SVILLEE / ATT ST: ) W.H.Hodges,Mayor Danna Welter,City Secretary APP OVED S TO FORM: -- Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-6 CJ Grant App.-C.East Tx.Narc.Task Force 02-18-92 RESOLUTION NO.92-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING APPLICATION FOR A CRIMINAL JUSTICE DIVISION GRANT;AUTHORIZING EXECUTION OF GRANTAGREEMENT;MAKING VARIOUS PROVISIONS RELATED THERETO. WHEREAS: the City of Huntsville has joined with the counties of Walker and Madison in submitting a grant request to renew the Central East Texas Narcotics Task Force from the Criminal Justice Division of the Office of the Governor;and WHEREAS: the proposal has been recommended for funding by the Criminal Justice Division; NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas, that the City supports the Central East Texas Narcotics Task Force and approves the application by Walker County for the grant from the Criminal Justice Division,and that: SECTION 1: It is understood that 25% of the total funds requested be met by the participating governmental entities. SECTION 2: This resolution shall take effect immediately after its passage by City Council. INTRODUCED,READ and PASSED by the affirmative of City Council on this the 18th day of February, 1992. CITY OF HUNTSV.I�L-LEE W.H.Hodges,Mayor ATTEST: 2L�2 Danna Welter,City Secretary APPROVED A O FORM: Scott Bounds,tity Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-7 EPA-Reviewed Audit For Davidson Facility 03-31-92 RESOLUTION NO.92-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,INFORMING THE EPA THAT IT HAS REVIEWED THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL AUDIT FOR THE N.B.DAVIDSON WASTEWATER TREATMENT FACILITY. Be it resolved by the City Council of the City of Huntsville,Texas that: SECTION 1: The City of Huntsville informs EPA Region 6 that it has reviewed the Municipal Water Pollution Prevention Environment Audit Report dated March 10,1992,for the N.B.Davidson Wastewater Treatment Facility,NPDES Permit No.TX 0022373(South WWTP). SECTION 2: This resolution shall take effect immediately. PASSED AND APPROVED by a unanimous vote on the 31st day of March, 1992. THE CITY OF HUNTSVILLLLE� by: W.H.Hodges,Mayor ATTEST: Melb Byers,City Secret y APPROVED AS TO FORM: Scott 136iffids,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-8 EPA-Reviewed Audit For Brown Facility 03-31-92 RESOLUTION NO.92-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, INFORMING THE EPA THAT IT HAS REVIEWED THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL AUDIT FOR THE A.J.BROWN WASTEWATER TREATMENT FACILITY. Be it resolved by the City Council of the City of Huntsville,Texas,that: SECTION 1:The City of Huntsville informs EPA Region 6 that it has reviewed the Municipal Water Pollution Prevention Environment Audit Report dated March 10, 1992, for the A. J. Brown Wastewater Treatment Facility, NPDES Permit No.TX 0072974(Parker Creek WWTP). SECTION 2:This resolution shall take effect immediately. PASSED AND APPROVED by a unanimous vote on the 31st day of March, 1992. THE CITY OF HUNTSVILLE �i d -944#A-0 by*.H.ffi g s,Mayor (ATTEST: Melb Byers,City Secre�ry APPROVED AS TO FORM: ,.0'�ew &4 Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-9 Approve Auth.of Iss.of TRA Refunding Bonds 04-13-92 RESOLUTION NO.92- 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,APPROVING RESOLUTION AUTHORIZING THE ISSUANCE OF TRINITY RIVER AUTHORITY OF TEXAS CONTRACT REVENUE REFUNDING BONDS,SERIES 1992(CITY OF HUNTSVILLE SEWER PROJECT). WHEREAS it is necessary and advisable that the City approve the Resolution Authorizing the Issuance of Trinity River Authority of Texas Contract Revenue Refunding Bonds,Series 1992(City of Huntsville Sewer Project),hereinafter described. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: SECTION 1: That a draft of a resolution authorizing the issuance of Trinity River Authority of Texas Contract Revenue Refunding Bonds,Series 1992(City of Huntsville Sewer Project)(the"Bond Resolution")proposed to be adopted by the Board of Directors of Trinity River Authority of Texas(the"Authority")on April 22, 1992,has been submitted to the City of Huntsville (the"City") in the form attached hereto and made a part hereof for all purposes. Said draft is hereby approved by the City as to form and substance, and the bonds(the'Bonds) described therein may be issued by Trinity River Authority of Texas in accordance with the terms and provisions set forth therein and herein. SECTION 2: That the interest rates for the Bonds, the purchaser of the Bonds, and the price to be paid for the Bonds,shall be set forth in the Bond Resolution in the manner determined by the Board of Directors of Trinity River Authority of Texas pursuant to bids to be received by said Authority for the Bonds on April 22,1992,at public sale in accordance with a Notice of Sale and Official Statement prepared under the supervision of said Authority and First Southwest Company,its Financial Advisor;and such interest rates,purchaser, and price as so determined are hereby approved by the City. SECTION 3: That it is acknowledged and agreed by the City that the Bonds authorized pursuant to said Bond Resolution will be issued in strict conformance and compliance with the Sewerage System Contract(the"Contract'),dated April 26, 1978, executed between the Authority and the City, and relating to the Project as defined in said Contract and descnbed in said Bond Resolution, and that the City will be fully bound by the provisions of said Bond Resolution insofar as they pertain to the City, and the City will be unconditionally obligated to make the payments with respect to the Bonds as required by the Contract and the Bond Resolution. CITY OF HUNTSVILLE W.H.Hodges,Mayor CATTTEST: , Mel a Byers,City Sg retary APPROVED AS TO FORM: �G Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-10 D.A.R.E.in MSD-Grades 5,6,&7 03-31-92 RESOLUTION NO. 92 - 1 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE,SEEKING FUNDS THROUGH THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT FOR PURPOSES OF FUNDING A DRUG ABUSE RESISTANCE EDUCATION (D.A.R.E.) PROGRAM WITHIN THE HUNTSVILLE PUBLIC SCHOOL SYSTEM. WHEREAS: the use and possession of illicit drugs presents a continuing threat to the health and welfare of the youth of our community; and WHEREAS: the City of Huntsville and the Huntsville Police Department are committed to negating the use and possession of illicit drugs by the youth of our community;and WHEREAS: the Huntsville Independent School District has agreed to collaborate fully with the Huntsville Police Department in the implementation of a D.A.R.E. program within the 5th,6th,and 7th grades of public school; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1:That a grant application for the funding of a D.A.R.E.project is authorized to be filed on behalf of the City with the Criminal Justice Division of the Governor's Office. SECTION 2:That the application be for$30,686 of grant funds for the training and funding of a Police Officer specifically for purposes of the D.A.R.E.Project. SECTION 3:That the City Council directs and designates the City Manager as the Chief Executive Officer and Authorized Representative to act in all matters in connection with this application. SECTION 4:This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this 31st day of March,1992. THE CITY OF HUNTSVILLE W.H.Hodges,Mayor ATTEST: Melb Byers,City Se tary APP VED AST FORM: Scott Boun Y City Attorney RESOLUTION NO.92- 11 A RESOLUTION OF THE CPI'Y COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING ITS CITY MANAGER TO EXECUTE AN AGREEMENT RELATED TO AN OCCUPANT PROTECTION-STEP PROGRAM. WHEREAS the City Council of the City of Huntsville,Texas,approved an application to the Texas State Department of Highways and Public Transportation for an Occupant Protection-STEP(Selective Traffic Enforcement Program); and WHEREAS the State has approved the application; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1:The City Manager is hereby authorized and directed to execute an agreement on behalf of the City with the Texas Department of Highways and Public Transportation for an Occupant Protection - STEP Program from June 1, 1992,to September 30,1992. SECTION 2:This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this the 26th day of May, 1992. CITY OF HUNTSVILLE ,`� W.H.Hodges,Mayo ATTEST: 4 Melia Byers,CityS rotary D ED AND APPROVED BY: \1 V Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-11 Authorization to Execute S.T.E.P.Program 05-26-92 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-12 Appoint Interim City Secretary 09-29-92 RESOLUTION NO.92-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, APPOINTING AN INTERIM CITY SECRETARY; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS the City Secretary of the City of Huntsville,Texas,has resigned, NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas, that: SECTION 1: Danna Welter is hereby designated City Secretary for the City of Huntsville on a temporary basis to ensure proper performance of City functions. SECTION 2: Danna Welter shall be additionally compensated for the duration of the temporary assignment in the amount of$200/month auto allowance. SECTION 3:This resolution shall take effect from October 14, 1992. PASSED AND APPROVED this the 29th day of September, 1992. THE �CITY /OFF HUNTSSVIL�LE'D by: W.H.Hodges,Mayor ATTEST: � I City SG retary APPROVED AS TO FORM: Scott unds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-13 Designate Vehicles as Unmarked Vehicles 10-27-92 RESOLUTION NO.92-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES;AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS Tex. Rev. civ. Stat. art. 6701m-2 generally requires all city owned vehicles to be clearlymarked;and WHEREAS state law permits the governing body of a city to designate motor vehicles used by the police for purpose of performing official duties to be unmarked;and WHEREAS the State Department of Highways and Public Transportation requires that the designation of unmarked motor vehicles be made by resolution describing the motor vehicle; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: Section 1: The following vehicles used by the police department of the City of Huntsville,Texas,for the purpose of performing official city police duties are hereby designated as unmarked vehicles: Year Make Serial Number 1985 Ford 1FABP3933FA163396 1985 Ford IFABP3933FA117356 1983 Chev 1GIAN69H8DX130566 1985 Chev 1G1BN69H5FY149464 1984 Chev 2G1AN69H5E9253225 1984 Chev 1G1AN69H9E9253258 1987 Ford 2FABP72G1HX176355 Section 2: Lt.Gary Howze of the Police Department is hereby authorized and directed to execute any and all forms necessary to receive license plates for these vehicles that do not indicate the vehicles are owned by a government agency. Section 3: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this 27th day of October,1992. THE CITY OF HUNTSVILLE --4Hodoes,Mayo^ � ATTEST: / Danna Welter,City Secretary APYOVED AS T FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 92-14 Auth.Origination of Mortgages by S.E.T.H. 12-15-92 RESOLUTION NO. 92-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE The City Council of the City of Huntsville, Texas (the "City") met in regular session at its regular meeting place at 5:15 o'clock p .m. on December 15 , 1992. Notice of such meeting was duly given in advance, and such meeting was open to the public, as required by law. The roll was called, showing the following members of the City Council to be present: thus constituting a quorum. Among other business, the following resolution was introduced and the passage of such resolution was moved by council member Gary sell and seconded by council member Ila Gaines A RESOLUTION AUTHORIZING THE ORIGINATION OF HOME MORTGAGES WITHIN THE CITY IN CONNECTION WITH SINGLE FAMILY MORTGAGE LOAN PROGRAMS IMPLEMENTED BY THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. WHEREAS, The Southeast Texas Housing Finance Corporation (the "Corporation") is a nonprofit corporation organized under the Texas Housing Finance Corporations Act, Texas Local Government Code, Chapter 394 (the "Act"), to act on behalf of Walker County, within which the City of Huntsville is located; and WHEREAS, the Act authorizes the Corporation, among other things, to acquire and make home mortgages originated, administered and serviced by qualified lending institutions, and to make loans to qualified lending institutions that agree to use substantially all of the net proceeds of the loans to make home mortgages, which mortgages are made to purchase, improve or construct homes located within the boundaries of a local governmental unit on whose behalf it acts, but the Act requires the Corporation to obtain the approval of any municipality with more than 20,000 inhabitants before exercising its authority with respect to home mortgages /6 made in respect of homes located within the municipality; and WHEREAS, the Corporation has requested that the City approve of the acquisition by the Corporation, in connection with its single family mortgage loan programs implemented from time to time, of home mortgages made in respect of homes located within the City, and the City is willing to grant that approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City as follows: SECTION 1. The City approves the application of the Act to homes located within the City with respect to single family mortgage loan programs implemented by the Corporation from time to time. The approval extends to any action that the Corporation is authorized by the Act (as it now exists or as it may be amended in the future) to take in respect of home mortgages for homes located within the City, including without limitation making, contracting to make and entering into advance commitments to make home mortgages; acquiring, contracting to acquire home mortgages; and making loans to lending institutions under terms that require the lending institutions to use substantially all of the net proceeds of the loans to make home mortgages. SECTION 2. This resolution is to be liberally construed to effectuate its purposes and to permit action by the Corporation with respect to home mortgages for homes located within the City to the fullest extent permitted by the Act (as it now exists or as it may be amended in the future). SECTION 3. If any section, paragraph, clause or provision of this resolution is held to be invalid or enforceable for any reason, the invalidity or enforceability of that section, paragraph, clause or provision will not effect any of the remainder of this resolution. SECTION 4. All bylaws, orders, resolutions, ordinances and other official actions, or parts thereof, inconsistent with this resolution, are repealed, but only to the extent of the inconsistency. This resolution will not be construed as reviving any bylaw, order, resolution, ordinance or other official action, or part thereof. SECTION 5. This resolution will take effect immediately upon its adoption. AUMAINO1 Doc 9071.1 / After due discussion, the question was called and the motion for passage was voted upon, the results of such vote being as follows: Ayes: Nine Nays: -o- The requisite number of council members having voted for passage, the resolution was declared adopted. (SEAT,) Mayor Atte t: ��cLct City Clerk AUMAINOI Doc:907,4.1 /(j SOUTI-IEAST TEXAS HOUSING FINANCE CORPORATION Bill Eiland Executive Director December 7, 1992 City Manager City Hall Gene Ripes 1212 Avenue M Huntsville,Texas 77340 Dear Mr.Ripes: The Southeast Texas Housing Finance Corporation("SETH")is preparing to apply to the Texas Bond Review Board for an allocation of the State's authority to issue tax exempt private activity bonds. Receipt of an allocation will allow SETH to issue tax exempt bonds to provide funds for the financing of home mortgage loans to persons of low and moderate income within the jurisdictional boundaries of SETH. Walker County is a sponsor of SETH. Thus, SETH is able to finance home mortgage loans in Walker County. However,SETH is required to obtain the approval of any municipality with more than 20,000 inhabitants that is located in a sponsoring county before exercising its authority with respect to mortgage loans for homes located within the municipality. For this reason, SETH is requesting that the city council of Huntsville adopt a resolution granting the requisite approval. For your convenience, a draft form of resolution is enclosed. Because SETH's application is due at the beginning of January,its is important that the resolution be adopted as early as possible this month. Therefore, we would appreciate it if this matter could be placed on the council's agenda immediately. We would be happy to assist you in any way or answer any questions you may have regarding this matter. Please contact Rudy Reyes of Southeast Texas Housing Finance Corporation at 713- 487-8772 for any needed assistance. Thank you very much for your prompt assistance on this matter. Very `truly yours, Q-2 Bill Eiland Executive Director Enclosure a" OWNGL APPROVED 4620 Fairmont Parkway•Suite 201•Pasadena,Texas 7U04 (713)487-8772•FAX(713)487-9574 W t- h-15_ll-�- RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-01 Object to Rural Fire Prevention District in E.T.J. O1-12-93 RESOLUTION NO.93-01 A RESOLUTION OBJECTING TO THE INCLUSION OF PROPERTY WITHIN THE EXTRA-TERRITORIAL JURISDICTION OF THE CITY OF HUNTSVILLE IN A RURAL FIRE PREVENTION DISTRICT. WHEREAS the City of Huntsville provides fire prevention and suppression services for its residents and the property located within the City; and WHEREAS by contract with Walker County,the City also provides such services outside the City;and WHEREAS the City Council believe that it provides such services in the area of the Goree Unit in a reasonably efficient manner; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1.The City Council objects to the inclusion of property within the extra territorial jurisdiction of the City of Huntsville in a rural fire prevention district. SECTION 2.This resolution shall take effect immediately. APPROVED this 1 2) day of January, 1993. THE CITY OF HUNTSVILLE,TEXAS AW.H.Hodges,Mayor /TT�� EST: Danna Welter,City Secretary APPROVED S TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-02 Designation of HGAC Representative for 1993 01-19-93 RESOLUTION NO. 93-02 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY AND BOARD OF DIRECTORS ss*ssszzzzzszzsssszzszzzzzzsszzzz BE IT RESOLVED,by the City Council of Huntsville,Texas that the following be,and they are hereby, designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 1993: REPRESENTATIVE Ila G. Gaines ALTERNATE Jim Carter FURTHER THAT,they are hereby,designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 1993. THAT, the Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED,this the 19th day of January , 1993. APPROVED: Mayor W. H. Hodges ATTEST: 1 Danna Welter, City Secretary _�M HoustonGalveston Area Council Office of the Executive Director PO Box 22777•3555 Timmons•Houston,Texas 77227-2777•713/627-3200 January 12, 1993 Hon.Bill Hodges Mayor,City of Huntsville 1212 Avenue M Huntsville,TX 77340 l�Dt:at�ZRv�C"-t�� I am writing regarding designation of your city's representatives to H-GAC's 1993 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (1990) to select one member of its governing body as its representative and one member of its governing body as an alternate to the Houston-Galveston Area Council General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 1993 designated representatives begin their terms of office at the Annual Meeting on January 29, 1993. If more information concerning General Assembly and Board of Directors membership would be useful,please contact me or Cynthia Marquez of the staff. Thanks for your help in selecting H-GAC's 1993 General Assembly and Board of Directors. Sincerely, c/ Jack Steele JS:Jp Enclosure xe: City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-3 Traffic Signal Authorization-S.H.75 @ I-45 02-16-93 Cf�crk )c RESOLUTION N0. 93-03 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF_____H,,taVjjL,c: SECTION 1_ That the certain agreement dated February 16, 1993between State of Texas and the City of Huntsville , for the installation, construction, existence, use, operation, and maintenance of certain highway traffic signals/illumination at the location(s) shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of Huntsville , be and the same is hereby approved, and is hereby authorized to execute said contract on behalf of said city and to transmit the same to the State of Texas for appropriate action. SECTION 2. That this Resolution shall take effect immediately upon its passage. ADOPTED: 2-16-93 APPROVED: 2-16-93 Mayor Or A IT'TE�S�T- Secretary City ClerK APPR D A O FO -CAyl torney 1 of 1 11-91 RESOLUTION (TRAFFIC SIGNAL/ILLUUMINATION) D� STATE OF TEXAS COUNTY OF Walker 1, Danna Welter the duly appointed, qualified and acting city secretary of the City of Huntsville Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance/resolution duly passed by the City Council at a meeting held on February 16 A.D., 19 93, at 5:15 O'clock F• M. To certify which, witness my hand and seal of the City of Huntsville Texas, this 16th day Of February , 19 93 at Walker County, Huntsville Texas. City Secretary of the City of Huntsville , Texas S� RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-4 Auth.App.For Grant-Tx.Narc.Task Force 02-22-93 Resolution No. (13-C4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING APPLICATION FOR A CRIMINAL JUSTICE DIVISION GRANT; AUTHORIZING EXECUTION OF GRANT AGREEMENT; MAKING VARIOUS PROVISIONS RELATED THERETO. WHEREAS, the City of Huntsville has joined with the Counties of Walker and Madison in submitting a grant request to renew the Central East Texas Narcotics Task Force from the Criminal Justice Division of the Office of the Governor; and WHEREAS, the proposal has been recommended for funding by the Criminal Justice Division. NOW, THEREFORE, be it resolved, by the City Council of the City of Huntsville, Texas, that the City supports the Central East Texas Narcotics Task Force and approves the application by Walker County for the grant from the Criminal Justice Division, and that: Section 1: It be understood that 25� of the total funds requested be met by the participating governmental entities. Section 2: This resolution shall take effect immediately after the passage by :.he Council. INTRODUCED, READ an" PASSED by the affirmative of council on this �7day of B�MM Majo Attest: I Danna Welter, City Secretary ApMved: / Scott Bo nds, City Attorney This agreement between Walker County and the City of Huntsville as the responsible agencies for the Central East Texas Narcotics Task Force will reflect the obligations of the parties as follows: The City of Huntsville will be responsible for one half of the first $62,500 of the grant($31,250). As to the total amount of the grant match the City of Huntsville will not be obligated to expend more than $10,000 in actual funds. The County will be responsible for all other matching funds except that the Walker County Criminal District Attorney will be liable for the 25% match on any funds expended on contract legal services not met by task force rseizures and forfeitures. Signed this day of /— 1993. rank Ro son Walker C my Judge Bil-f Hodges, MayorTj City of Huntsville W�,vi �PWeeks Criminal District Attorney Walker County, Texas RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-5 Authorize Application For Grant-Gang Activity 02-22-93 RESOLUTION NO.93-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR PURPOSES OF FUNDING A POLICE OFFICER TO ADMINISTER TO A GROWING PROBLEM CONCERNING GANGS AND THEIR ACTIVITY WITHIN THE CITY. WHEREAS intelligence information received by the Huntsville Police Department indicates no fewer five gangs are currently active within the City;and WHEREAS reports indicate these gangs are organized and use the sale of illicit drugs as a primary source of income for funding gang related activities; and WHEREAS existing gangs are in direct competition with each other which has led to violent assaults and the carrying of weapons by gang members; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: SECTION 1:That a grant application for the funding of a Police Officer is authorized to be filed on behalf of the City with the Criminal Justice Division of the Governor's Office. SECTION 2:That the application be for$23,548 of grant funds,and$5,886 matching funds, for the funding of a Police Officer for purposes of identification, processing, and incarceration of those offenders associated with gang related activity. SECTION 3:That the City Council directs and designates the City Manager as the Chief Executive Officer and Authorized Representative to act in all matters in connection with this application. SECTION 4:This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this the 22nd day of February, 1993. THE CITY OF HUNTSVILLE ATTEST: WW H. �ayo Danna Welter,City Secretary APPROVED AS TO/FORM: Scott uo nds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-06 San.Sew.Sys.Facility Install.Sale Contract 04-06-93 RESOLUTION NO. 93-06 RESOLUTION WITH RESPECT TO THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF HUNTSVILLE SANITARY SEWER SYSTEM FACILI- TIES INSTALLMENT SALE CONTRACT, DATED AND EXECUTED AS OF FEBRUARY 24. 1993 _ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section 1. That under the Trinity River Authority of Texas - City of Huntsville Sanitary Sewer System Facilities Installment Sale Contract, dated and executed as of February 24, 1993 (the "Contract"), the Trinity River Authority of Texas (the "Authority") is obligated in Section 2 thereof to pay "all of the actual costs of acquiring, by purchase and construction, the Project, through the issuance of its Bonds". Section 2. That the cost of the Project, as defined in the Contract, originally had been estimated, based on prelimi- nary engineering, to be approximately $3,935,000, and in Section 3 of the Contract it was provided that "Bonds will be issued by the Authority in the aggregate principal amount of approximately $3,935,000 (whether actually more or less), which amount is estimated to be sufficient to cover all the aforesaid costs and expenses and other amounts required". Section 3. That additional and current engineering reports and estimates of costs, obtained by the City of Huntsville (the "City") and the Authority confirm that it will actually be necessary for the Authority to issue its Bonds under the Contract in the amount of at least $4,775,000 in order for the Authority to comply with its obligation under the Contract to pay all of the costs of acquiring, by purchase and construction, the Project. Section 4. That the City confirms and acknowledges that it construes and understands that the Contract requires the Authority to issue its Bonds in whatever actual amounts are required to pay the costs of acquiring the Project, and that the original estimate of Bonds was understood and intended to be "whether actually more or less", as stated in the Contract, and that such amount will actually be considerably more. Section 5. That the City hereby requests that the Author- ity proceed with its obligation under the Contract and that it issue its Bonds in the principal amount of $4,775,000, or in whatever principal amount is necessary to pay the actual costs of acquiring the Project under the Contract. Section 6. That the City will be obligated to make payments to the Authority pursuant to the Contract for all Bonds issued by the Authority pursuant thereto. ----------------------------------------- PASSED AND APPROVED this the 6th day of April, 1993. THE CITY OF HUNTSVILLE W. H. Hodges, yor ATTEST: i "Danna Welter, City Secretary APPROVED AS TO FORM: S ott unds, City Attorney CERTIFICATE FOR RESOLUTION WITH RESPECT TO THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF HUNTSVILLE SANITARY SEWER SYSTEM FACILI- TIES INSTALLMENT SALE CONTRACT, DATED AND EXECUTED AS OF FEBRUARY 24 1993 THE STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE We, the undersigned officers of the City of Huntsville, Texas, hereby certify as follows: 1. The City Council of the City of Huntsville convened in REGULAR MEETING ON THE 6TH DAY OF APRIL, 1993, at the City Hall, and the roll was called of the duly consti- tuted officers and members of said City Council, to-wit: Danna Welter, City Secretary W. H. Hodges, Mayor Dan S. Davis Dave Luning Jim Carter Ila G. Gaines William B. Green Ronald L. Lange JoAnn Matthews Harold Norton and all of said persons were present, except the following absentees: , thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meeting: a written RESOLUTION WITH RESPECT TO THE TRINITY RIVER AUTHORITY OF TEXAS - CITY OF HUNTSVILLE SANITARY SEWER SYSTEM FACILI- TIES INSTALLMENT SALE CONTRACT, DATED AND EXECUTED AS OF FEBRUARY 24, 1993 was duly introduced for the consideration of said City Council and duly read. It was then duly moved and seconded that said Resolution be passed and adopted on first and final reading, to become effective immediately; and, after due discussion, said motion, carrying with it the final passage and adoption of said Resolution, prevailed and carried by the following record vote: AYES: All members of said City Council shown present above voted "Aye". NOES: None. 2. That a true, full, and correct copy of the aforesaid Resolution passed and adopted at the Meeting described in the above and foregoing paragraph is attached to and follows this Certificate; that said Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and foregoing paragraph is a true, full, and correct excerpt from said City Council's minutes of said Meeting pertaining to the passage and adoption of said Resolution; that the persons named in the above and foregoing paragraph are the duly chosen, qualified, and acting officers and members of said City Council as indicated therein; and that each of the officers and members of said City Council was duly and sufficiently notified offi- cially and personally, in advance, of the time, place, and purpose of the aforesaid Meeting, and that said Resolution would be introduced and considered for passage and adoption at said Meeting; and that said Meeting was open to the public, and public notice of the time, place, and purpose of said Meeting was given, all as required by Vernon's Ann. Civ. St. Article 6252-17. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid Resolution; that the Mayor and the City Secretary of said City have duly signed said Resolution; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certificate shall constitute the signing of the attached and following copy of said Resolu- tion for all purposes. SSI�G,NED AND SEALED the 6th day of April, 1993. City Secretary Mayor (CITY SEAL) Trinity River Authority of Texas t r Southern Region Office 3815.100 March 30, 1993 Mr. Gene Pipes, City Manager City of Huntsville 1212 Avenue M Huntsville, TX 77340 Re: TRA/City of Huntsville Sanitary Sewer Improvements Dear Gene: Enclosed are eight (8) copies of a Resolution for adoption by the Council at its regular meeting on April 6, 1993. The Resolution is necessary due to the change in the Engineer's estimates of project costs. Please have all copies executed, signed and sealed as indicated, and return seven (7) of the copies to this office. Sincer ly, C. GRADY MA S, JR. Regional nager Southern Region CGM:gm Enclosures (8) Bax,554 Hun CITY COUNCIL APPROVED Huntsville,Texas 77340-1554 ` ' �I� / (409)295--5485 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-7 Request TWC Modify Proposed 31 TAC 05-04-93 r.. RESOLUTION NO.93-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, REQUESTING THAT THE TEXAS WATER COMMISSION MODIFY THE PROPOSED NEW 31 TAC § 330.68 CONCERNING MUNICIPAL SOLID WASTE TO FACILITATE LOCATION OF TRANSFER STATIONS AT EXISTING LANDFILL SITES. WHEREAS the City of Huntsville,Texas,presently operates a permitted landfill; and WHEREAS the Environmental Protection Agency's implementation of the regulations found in the Resource Conservation and Recovery Act of 1976,Subtitle D,as amended,has made it desirable for the City to replace its landfill operation with a transfer station; and WHEREAS the impending October 9, 1993, deadline makes it imperative that the City begin construction and operation of a transfer station with all due haste;and WHEREAS since the operation of the City landfill site began, the City has established a recreation area within 1/2 mile of its landfill and several individuals have constructed residences within 1/2 mile of its landfill; and WHEREAS the City believes that the transfer operation would be less obtrusive than the current landfill operation and would not be inconsistent with the use of its own recreation area; and WHEREAS the proposed rules may arbitrarily prohibit the equitable use of the City's current landfill site as a transfer station; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1.The City's Mayor and staff are directed to submit comments to the Texas Water Commission regarding the City's concern about proposed rule 31 TAC §330.68,concerning municipal waste. SECTION 2:The City requests that the Texas Water Commission amend proposed rule 31 TAC§330.68(b)to read: (b) Construction and Operation Owners/Operators may proceed with construction and oucration of a transfer station meeting all the requirements of this section without prior approval, but must concurrently submit an application complete with all information demonstrating compliance with these suggestions. '`�- 1.p.transfprstatienshall net 1...gin a:l..Ftor.... been eonducted and authorizationhas bee vier by the exeetitive dir-eeter. Owners/operators must comply with all applicable regulations, and shall remain responsible for making corrections and/or other changes that are necessary to meet the requirements pries to after beginning operation at the facility. SECTION 3:The City requests that the Texas Water Commission amend proposed rule 31 TAC§330.68(e)(1)to read: (e) Design criteria. (1) Site location. If located at a site other than a permitted landfill site the transfer station shall be located more than one-half mile from any residence, school, church, cemetery, or recreational area. It shall not be located in a 100 year flood- plain. SECTION 4.This resolution shall take effect immediately. APPROVED this 4th day of May, 1993. THE CITY OF HUNTSVILLE,TEXAS �HH.dg ATTEST: anna Welter,City Secretary APP OVED: 6, Scott Bounds,City Attorney - NOTICE REGARDING DOCUMENT QUALITY THE„QUALITY OF THE FOLLOWING DOCUMENTS IS SUCH THAT ALL OR PORTIONS OF THE MICROFILMED IMAGE MAY BE DIFFICULT TO READ OR ILLEGIBLE. Microfilming Target RMD 207(August 1987) Replaces form No.58-8500.008 Texas State Library Reproduction of this form at the agency level is State Records Center authorized. o a T e lou "Po;he wdhm the pen s fo y x o 4' orcle to l m �a � x yT�e°re 'u7du 4 � b.,��P' SS "dna 8ag�a"rrd��oses�� drrjess'"o�a ,.x x t'D rtmem ° r sr na n Me rl� eYhotls�� a�a'nsle sial a,A iyf a S is#' � ' f " -tro Ihrs sectio wdi allow 4,rEarliest 1io deleaOr�coristr5dingit41 a meq. igg3♦ w?'r"§65 04� eplrons;„ r t 4, ,J? S'(hoNtt�Wh, there,slretion Of�% m ls. � "'� rrs FAll% dt �. s 9 i �' them ocessed TtielT,YJGabel,eves F'°or�futhel,mformalq,-pleasehcaYml ) ,�¢yf r r i ..qp i 9 rk ler , o,. }a sate �k 792 1112�Ex1 443icoK(512) rt a wrgd and Fees 1. r 4 oasd u�-lt�v �•ep R .WI 1yIanage `' �� rtr xdt.GcTcormuMysnd;vZti§65706t�.eiki" vocation ' tnedessaiy,m order olpswd msIEW ild 7 i y atu tsP thesmaaand rtgderate s z c mm nne r r p 5'E">i,4 T1s - tt's,� �y,..f�h�' v nl-�y;^�{L ; agected b�IhelFtesource Conservetio�i'iaiW- �� germ@IIf�Atea�PitbhC =*§65707 tPena}nes �faemverYAct i sSuM f D tit e} ¢ ety f HuntinLands s)c r h!) Sa ntt +. t„ g agenq hereby rxrt�es That the proposal Stephen Mmgk Divgn of Bodgat and Plan•,;, •3f:-TAC'§§6570165707 r pas been rewewed by"legal counsel and ni g.(hasrdetermaed that lar?thelfirstdhve i a b ! ".found to be wdhm ttre agency s authonty to year;period the section is m eflac�,lher�yw01 (Edua!'s note hTli�lest of rhe f fl g sr pons 'iwoo .,� fi s_ k ,_ be fiscal,mPlgahon5 as a rpsu falad, mis-' ' propo`d for rape( i(L !b pubfiahed The r ;=.a ,+!- trelion and enforcement of-lhe50dion Their secnanr,m;y!u esammed !h-Jfices of!h Issued m Austro Texas on April 9,1993 costs to the stale of.processing mumapal Trsas Pa'ka orid Wildlrf D pa 1 en1 or f1 t TRp 9321431-- Peul M-Shinkawa; s0lid�waste permds will be fe bB the E: 7uas Reg star office Rodnt`245 Joni s£a 1 - - Diiador,Legal Servkes= tual`sawngs are j*oOgdiveiandeannol be Rudd r1'Bui(d ng 1019 Bra s Snee!�]vsr 4j Tezas Paris nd wlldlfe 61eirWkdal lis oma but'wdLbe eliecled � The TexastPada and-,Wildlife Co`�irimissio i Oe?a"n�"t y by"the number pt!registralgns lOr�uanster ^" prrop e'r the repeal§ors§§65 C,7o165707 Earliest possbier,.date or"edoptgn May z1 statgris 5$ugM 6klbcal.g,%n"gt`e!, ` 'conce"FPin�g�tthh9a�,,,,,jyp;,11�1Ki(dl-de�.Htdriage neQi `7993 �` f f �savmgsIrpolaMialty�be sealjzedrblTaWcal t �r �Fioda�nMgn�The repeats pipermrt t" 1' >ti J ' gover�n�Perxs'br between 5h!1,0µ0 a%y50 000 m �4 ,�y- �w'i SFor further Infaratatgn eesesca0i(900) Iat7on�`(Tfieseyeaw s'l 4canno�6e -r•. ri�EtrgmB 'Q--I kTyq�I.c�.VBdld6 Man 7921112 Exl ar�512 i3a9-0433"+ c�rgd�y �`� agem Ifl"`fitatiorisimoxane=docu- i ( ) hrt,af llut�roi0 depend on tfe'mdrvxl gar" meet The mteM of'nlnergmg{thekltwo cu'r�t stences�mi7 eabhgji sdgl,enrhes ` doc'ttmeid' sn GGes tadmimstratwrifcl the ♦�" y ♦ nz ♦ p3tent,al sawrgs'1ro�n�avodilhe '�rn� . s ublg 4ands aSaaede fa ubGcthenf 1th3` Per!�rt application-end oval P Part I .Texas Water "41 ".Texas Flodn'A,e'�ItersgslaN recorgmist.hes deterMr Mmxia also has delemmr,ed"thattfar`Ilie CO1T1D115$lOII Grsffiye ears that sedan is m efled the ' mmed lbatlhe•fust five-yearefhe nrles are m tr Y f ti etrect Iherea al be �isgaW cations to Chapter 330 Munlclp�l So11d Publq der of t am apAted as agesu�t lit e t .jstMen°-)qr l�emmeMs orsmall x ,~'"xA^s. r / IorcemeM of andcompLance �h itis seactgn bisrnesses�re iiW6f enrorcmg o admin- WaSYC 4 w,0�e improvements the tnanagemeM rd" Y-TN "ih0 NIeS s r3 .rr y )'t of atk ' rxxitcd of muniapal;sold wasle'IIler�rocess= B t r +i 7�tis r Kit bac $uboh pter E �etTllltRrDCC mg of munq pal sord waste permds Poacherss !ermined That for each of }f: PGaiitts�wdh ComMssion regulatgr5 reiatmg fu �Ihe' st'.NtyM the rules as sed Propoare ., dttrres{andaDeslgp;Cn. , ..yriv§ �. -. ItosmungQal solid"waste Thee Cvabelno msleNecthe4twMq benefd,anticipated as a 31iTAC§330 fib s' 1-11 .yegectonrsptali tiusmessesseTtiere�ar w ba sin'"pGficatan�o( fte"`"adimruslenn�-,p otdavildl "The{Texas Water Commission(TWC)pro- wit t costs to peisa,sarequ fofcom�fY. 4 a s wrth the sectgo as ed ` s.x Gfe''inariagemeiit.erea` tere w"Jt tie nq� poses new§§30 68�concar,mglmunicyal S tett on sinea?bus!nessWN 1A i1p9JIhere z 4sofd�wasle new se'C1gn s proposed to t,Comments`on the proposal meX hes ed txwi'aTrioyfiscel„anpG`catgre to per..drsYiv(hojrovde a viebte method 1u sr(ia0�nd mailer to Mictlael D Graeber SP E Nae +4 c era tOcoii Y wd '`hulas R,o A d•�ateyized�'coriimund,es10 irfena0etlher mum- iMinsA �al ,� vcrn . °,+N? A.: en f�_ I iucfpel solif¢7'vestearti^i�(her fiytias0ommissiod PO r ePptoym�em Impact, ems h if dosed �Fmren Msl(a ea,2rt})0e` 15` r i�meri(s wy,ll�be ""'°�u��compfiar,r�e�` me or�`To jt'hatr�,h�to��a b. a',.ollow g e.ot' srk "`siW___ge�tre and Texas _ Coion�aiSRacoveFY r' p t s dT��"lhis a9wn�Y"Ita��d�'ss of a Dasa' ndedL�.� `f3- �'Sf♦'-�men�.,�:a • ", "�;A•Ta.`s, Te 3' ~ std PG l MaY oorP],,5 AhAh%tha,,Cobnade, adios .,iu tui as u^�s• mob` nD�@� 35'NOrlhi'AilRi { AA uph � sold a wsedgnis�proposad- ,teu- � -._� a ��ra'treitsterasta ( � yoltltie T zas�al'eY� .� exas ;¢j � � o "j ,Ptkn a ""�?pr�3trie"teK"men-� ic7hiheexasWa�e'r'� �7f3�t":1112 4770 ,+,5,'cammaaay` to r ah the aids, to adopt an ;,fy. y e3 �co�dete rJ 1 sd�ast�straem"� sery o'�"ry`oid t�i`a porters 8 W >�Ifteti. - under' ukigele'�`4� b b�" eNtyry�t�tha�rc�sbnspol lhe„�exasq al P G`s so�'r�a tf."reBE4tlfore �N o13te�7ews of4thris slaterAddafaiaa °" p 1T er 4. .t°`i agl± ^'s ru yir ,x vfy^rr x7 ,LTix Prpittufgated ptrstiant 90 the Texas-Solid populabon data from the last decennial ren of the-.sold waste data thefacihty opera- _ 4sylaste,DdposalFAd,z,§§361 024;.Texas sas r t hon' operational+.:characteristics of ,tfie Health and Satety Code(Texas Civil Statutes :: egmpment rfeciltty'maintenance,'safety pro- htgg2)which provides the,Texas,Water Com �:; visions emergency-Procedures-fire pro[ec-, ,r;> rnssion`with the'atilhority to regulate7mun a `.� (B) Documentation of thein tion;"samtatwn>.f$uLty rvlesj'operating pal solid'waste and adopt rules as necessary, - coming_waste,rate shall be,au6mnted.with hours-`htter control procedures,-'and or,to;regutate•the operation,management end -the application. The ineommg municipal .control roceduresP' control o£sWid waste under hsjurisdidroti:x solid waste rate shall be`sd ported by`the c t reports submitted for calculation of the mu .' i' §33068 Permit By Rule Registration F,or nicipal solid.wastiidisposal-fee for the pre (B) The plan shall also ad- -'rTransfer,$rmmns yious'six reporting quarters;,documentation dress alternate processing ordisposal proce- (a) Applicability Th s secnon'shall of new orexisting programs that recycle dares of the solid waste in the event that the I tea mu rm al'soLd waste T V and would reduce the waste"loading foi the.. transfer station.becomes:-inoperable for -S appy,- p facility.existing data of the municipal solid periods longer.than 24 hours-, transfer station whidr serves an,area-with-it waste rated by the area to be served,or - population or, population.,-equrvelen[-of -other data acceptable to the executive direr z-SO.000.persons or.less;or the transfer ata- for. - r '(C) -The solid waste data don will handle 125.tons of municipal solid shall include an estimate of the amount of waste per day or less'The facility must also (3) Site Plan.The S to PI shall solid waste to be received daily,the maxi- 2 provide stn ge for curb.separated recycla- include all the general design criteria which mum amount of solid waste to be stored, ble material _ -old be incorpo ated imam t-of consvuc- themaximum and average lengths.oftime (b) -Construction and Operation- tion plans and 4 cificwicns A Site Layout that solid-waste is to remain on the site,and PI n.signed and sealed by a registered pro-- the.intended destination of.the solid waste {F .Owners/operators may proceed'with con- Fessional engineer.and a location ma shall atuction of a transfer station meeting all the p received at this site. - - f t omenta of chis section without prior be include d:in the plans requirements ,,. (6) Legal Description. A legal .. "`.approval,but must-concurrently submit an (4) Land Uee.Narrative. description of the property, including the application complete'with all information book and page number of the county deed R . demonstrating compliance with these regu- (A) The"land use narrative records,of the current property owner shall lahorei.'M ooaration'of the transfer statin shall include a description of the surround- be submitted The legal description shall be O.' shall not begin-until after a p e-open g ing land use within one-half mile of the site a metes and bounds description of the site. ms non has been conducted and author- and it shall be shown on a topographic map. signed and scaled by a registered profes- J Ration to accept wastehas been iven by a sional land surveyor.A drawing of the de- xecuuve director,.. wners/operators must - ' - scnpuon, signed and sealed by the �.,: omp"�ly vmli ell pplicable regulations,and (B) The appbwnt shall w- s.. hall remain responsible for making correc- tach documentation of local government tip- surveyor. shall also be submitted..If the tions and/o other changes-that:are notes proval/acceptance-of the site-location,eg., property is platted,thebook and page num- "g to meet the requirements,:-prior to conformity with local zoning restrictions,a bar of the final plat record and a copy of the beginning`operarion at the facility.;_ building permit,license,nonconforming use final plat shall be submitted. (c). Number of Copies.Registrants authorization.etc.Them regulations do not (7) Evidence of Competency. shallsubmit three copies of thecompletedWan[authorization for development/opera- application for registration_ - rio f the.facility .oncompliance with local government - d an and regula- (A) The applicant shall sub (d) Application.The complete reg- dons. mit a list of all Texas solid waste sites Put)` istration application shall include ParA-of which the applicant has owned or operated -* a pumi['application as required by§330.63 "thin the past ten.years.The site name, r of this title(relating to General Information (C) The apphcant'shall pro- site type, permit or registration number, Regwred'-for All Sites-Permit/Registration vide a public notice of the proposed action - county,and dates of operation shall be also _ lic 'p p_ to the general public b publishing a notice. submitted. App ation Part A),documentation of o g P Y.P g ..0 tion or incoming.waste rate,:site plan, not less than 30 days prior to the beginning land osenan-ative,siteoperatingplan,legal of construction,in a newspaper with general 'description'evidence`of competency,`evi- circulation in the area in which the transfer - (B) The names of the princi- dence of financial assurance.*and'an'appli- station is located.The applicant'shall sub- pals and supervisors of the applicant's orga- rsr cant's statement,and shall liesubmitted as mit a-certified copy of the notice with the nizatioo shall be provided. together with application submittal or within 15 days after previous affiliations with other organiza- ai (1) Part.A.Part A:of the appli- Publication _ - tions engaged in solid waste activities. cation shall be completed and the jequired - -(8).Evidence,of financial assur-- ereamap:prepared...The area mapshall din (D) The applicant shall con- ance..Evidence of financial assurance shall ,�,dude atie-area._withinsone_half;mile of the duct a public meeting in the local area,prior be.provided by submitting an estimate of ete1boumdwy-end shall locate%all features to the begiurting of construction of the the cost of closure of the facility.and Finan- •°identifiedin.subsection.(e)ll)of this title transfer station to describe the proposed cial assurance in that amount in the form of @e7ahng-be tSite,,Location) _ - action to the"general public and,provide a a performance bond.letter of credit,�tnist ' -� summaryof.the meetrng to the executive fund,or insurance..The financial assurance 1 Evidence of Population or director,within 15 days after the meeting is document shall be submitted within 30 days Eyrdeni e6 of Licomuig Waste Rate.- .. - .. held. after the cost estimate has approved. :j. (5) Site Site Qperadng Plan., (9) Statement Statement of Applicant.The 4•a $ (A) Documehtation.of the following document shall be signed,nota- -.''iPepolahon Iq be served shall,be submitted -. I. waft the-application,.,The population infer- : (A) The Site Operating Plan rized-and submitted with the application: mason shall.be•eonsistent with the latest shag include;as a.mhumiim,a description, r - 3 ♦ Proposed:Sections April 20,1993, 18-TexReg 2545 <- egiupmw4;etmployees;end visitors.;Safety curbs around the perimeter ocasphalt paved: state that I have imowledge of thetfaets set bumpers at hoppers shallbe provided for areas vnth•berms'shall be utiliied to control forth here.and that these facts ar'e,true and vehicles:Necessary.connections for facility spills and coiiteimnated water correct,to the;best.of my knowledge"acrd dealing shall:be Provided.The operating This agency hereby certifies that the proposal . bdief..I further state that,to my.Idmwledge area shall be covered and all sides shall be has been reviewed by,legal.:munsel and ._ and belief,the project for wlrirli,application enclosed-;by wells, `charm link fencing;, found io be;within the agency's authority to is now,being'made-will�not m",any way and/or gates -adopt . violate any law rule,ordinance;or decree." .(5) �rctu Pollution :.Control. Issued in Austin;Texa on Apnl 12 7993, -Of.the,duly autbodzed goverfymintal entity Provtstoas:for the treatment of wastewaters �'' - -- having'jdr sdictioru I.furtheYstate that I am - TRD 9327511 Mary or,L Holder , .` from the:facility shall.be provided.-A con- _ Director,Legal Drvlalon theapplicant or am authonzedto'act for the necfion into s public,sewer system,a septi j' Texas water commtvsan., city/county/applicant ". system, or a small wastewater treatment Earliest possible,date of adoption:May 21; '.; (Signet- plant are.acceptable. The applicant shall 1993. i ure) obtain any permitor other approval required For further information,,p (512 lease call:. - (Type Name and Title) by state or local code for the system in- ) I 463-8069 (Date) - stalled.The entire area beneath the opera!- ing area shall be concrete,and the walls of ♦ �„ .., ,} .. (B) Notary Public's Certifi- the operating areas shall be smooth masonry . . .- cate::Subscribed and sworn..before me, or concrete.A sump drain shall be provided TITLE 40. SOCIAL SER- I by the said this day of to collect all wastewaters generated by the -`ACES AND"ASSIS- �I` 19_,to certify which witness facility,-and transport them to the treatment TANCE y " hand I mand- seal .of- office. facility. - (6) Air Pollution and Vent a- Part M. Texas Notary Public in and for tion.Ventilation of structures designed in Commission 011 Alcohol. I County:Texas.My commission expires on accordance with applicable codes shall beand Drug Abuse provided.The applicant shall consult with the Texas Air Control Board for assistance Chapter 147. Approved Drug (C) The applicant shell pro- and any permit requirements. Offender Education Program vide documentation that the person signing - (7) Storage Requirements. On- _ lit the application meets the requirements of site storage of source-separated recyclable General Provisions §305.44 of this title(relating to Signatories materials shouldbeprovided and this area •40 TAC §§147.1-1479 j to Applications). . shall be separate from the transfer area. Control of odors,vectors,and windblown The Texas Commission on Alcohol and Drug )} (e) Desi CriSe^ _ Abuse.proposes new.§§147.1-147.9,torr ®®® waste from the storage area shall be main- ceming.approved drug offender.education (SI (1) Site Location. The transfer tained program.The new sections define terms used station site shall be located more than one- and establish minimum standards and criteria half mile tom any residence, school, (S) Fire Protection.A fire pro- for the operation of approved drug offender church,cemetery,and'recreational area.It tection plan shall be prepared. This fire education programs for persons convicted of .shall'not be located in a 100-year flood- protection plan shall describe the source of certain drug offenses and are required to Pfire protection(a local fire department,fire complete an approved drug offender educe- lain. hydrants, fire extinguishers. water tanks, tion program in order to havetheir driver's (2) Site Access The site access water well,etc.),procedures for using the license reinstated.The new sections are pro, road from a.pubbdY ovmed.roadway shall fire protection source,and employee train- posed to define what programs must do to be at least a two-lane gravel or paved road, ing and safety.procedures.The fire protec- become a drug offender education program, designed for the expected traffic flow.Sep tion plan shall comply with local fire codes. approved by the Texas Commission on Alco- ` arim,on-site access.for commercial collet- hot and Drug Abuse.. fEr' tion vehicles and for residents shall be (9) Noise Pollution and Screen- Denise Hudson,director,fiscal services,has provided.The access road design shall in- ing.Screening or other measures to mini- determined that there will be fiscal implies- �� dude:adequate fuming radii according to mize the noise pollution and adverse visual lions as a result of enforcing or administering the vehicles that will utilize the site and impacts shall be provided. the sections.For state and local government shall'avoid disruption of normal trafficpat- (10) Site Drainage. Drainage there is no known basis for calculating costs terns."A positive means to control dust and provisions for controlling surface water on for each program-Cost will vary depending mud shall be provided - or near Ute site shall be provided.The loca- each the fees each program chooses to assess .� .. :... - eachpartkipam.._ - I:I. (3),Access Control.,_Access m dons of any proposed dikes,berms,storm Ms. Hudson also has determined that for it.site shall'be controlledby a perimeter sewers,_levees, detention ponds, and the each year of the first five years the sections fence, four-foot barbed wire:'or six-foot outfall"point shall be identified. Drainage are in effect the public benefit anticipated as a r r; chain-fink.,with:Ikkable gates.An atter- calculations'shall be based.upon a 25-year result of enforcing_the section will be the Sy dant-shall be on-site during operating hours. rainfall intensity for the area and in accord- establishment ot.quality programming in drug I A sign shall be'provuied that gives the site ante with§§330.65(b)(5)(F)(iii)-(v)of this offender education programs approved by the l name,registrant name registration number, tide(relating to Technical Information Re- Texas Commission on Alcohol and Drug q t i operating hours and site rules:. quired for Landfill Sites Serving 5,000 Per- Abuse.The cost of compliance with the sec- g$3 r sons or Mote-Site Development Plan).. tions for small businesses will be unknown. r (4) Misedfaneous Design De No known basis for calculating costs.Costs 4 EI tads..The facilityshall be designed m ac -(11) Site, Facilities. The ste will vary with each program depending on cordance with aB local b.lding code and shall provide facilities"for potable water, Whether they raise the fee per participant to I Build sanitary purposes,office,maintenance,re- cover any additional costs incurred for cam land:developmentcode requirements .g'setbadt fines shall be followed,if appli- cyclable .materials-collection, and solid prying.Cost for parsons will vary depending cable:`Vehicle parking shall be provided for waste transfer. Concrete pads with raised on the lees each program chooses to assess r t n t• " 18 Tex.Reg'2546: ApiW(20,'1593. Texas Register lir RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-08 Declare Int.to Reimburse Certain Expenditures 05-04-93 RESOLUTION NO.93-08 A RESOLUTION DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS. WHEREAS the City of Huntsville,Texas(the"Issuer')desires to pay capital expenditures in connection with the planning, acquisition, construction, and equipping of projects or facilities, to wit: closure of a landfill,construction of a transfer station, and acquisition of trucks and trailers for the sanitation department (the"Project"); WHEREAS Article 717k-6,Vernon's Texas Civil Statutes,as amended("Article 717k-6"), permits the Issuer to use the proceeds of bonds to reimburse the Issuer for costs attributable to the Project paid or incurred before the date of issuance of the bonds; and WHEREAS the Issuer finds,considers,and declares that the reimbursement of the Issuer for the payment of such capital expenditures will be appropriate and consistent with the objectives of the Issuer's programs and, as such,chooses to declare its intention,in accordance with the provisions of Section 1.103-18 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,THAT: SECTION 1:This Resolution declares the intention of the Issuer to reimburse the expenditures for the Project with the proceeds of a borrowing. The Issuer presently intents to reimburse the expenditure by incurring debt the interest on whichis excludable from gross income under section 103 of the Internal Revenue Code of 1986,as amended. SECTION 2:The Issuer reasonably expects to incur debt, in one or more series of obligations, with an aggregate maximum principal amount now estimated to be equal to$1,700,000 for the purpose of paying the costs of the Project. A portion of the proceeds received by the Issuer in an amount estimated not to exceed $1,700,000, are reasonably expected to be used to reimburse the General Fund from which such capital expenditures are expected to be made for the Project. SECTION 3:The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.1013-18 of the Treasury Regulations and evidences its intentions under Article 717k-6. The Issuer has no funds or sources of funds, other than the proceeds of the debt to be incurred,which the Issuer has,or reasonably expects to be, reserved, allocated on a long-term basis, or otherwise set aside in the Issuer's budget or other financial policies with respect to the expenditures to be reimbursed. SECTION 4: All costs to be reimbursed pursuant hereto will be capital expenditures within the meaning of Section 1.103-18(c)(2)(iii)of the Treasury Regulations. None of the expenditures to be reimbursed pursuant to this Resolution have been allocated to expenditures entered on the books and records of the Issuer earlier than the date on which such expenditures are paid. Moreover,no debt obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than one year after the later of (1) the date the expenditures are paid or(2)the date on which the property,with respect to which such expenditures were made,is placed in service. SECTION 5: The Issuer declares that this Resolution will be maintained as a public record available for inspection by all persons in accordance with the provisions of Article 6252-17a,Vernon's Texas Civil Statutes and that no later than 30 days after this date, this Resolution will be made available for inspection by all members of the general public at the offices of the Issuer. SECTION 6: This Resolution shall be literally construed to evidence the intent of the Issuer to comply with state and federal income tax law in the issuance of tax exempt obligations for the Project. APPROVED this 4th day of May, 1993. THE CITY OF HUNTSVILLE,TEXAS W.H.Hodges, May ATTEST: I banna Welter,City Secretary AP O=ASTFORM: Scott IlAnds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-9 Canvass Bond Election-Lib./Cult.Center 06-29-93 RESOLUTION NO.93-09 A RESOLUTION CANVASSING THE RETURNS OF THE SPECIAL ELECTION HELD WITHIN THE CITY OF HUNTSVILLE ON THE 26TH DAY OF JUNE, 1993,FOR THE PURPOSE OF ISSUANCE OF$3,700,000 LIBRARY/CULTURAL CENTER BUILDING BONDS; DECLARING THE RESULTS OF THE ELECTION; FINDING THAT NOTICE OF THE ELECTION WAS DULY AND PROPERLY GIVEN,THAT THE ELECTION WAS PROPERLY HELD AND RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE. WHEREAS pursuant to Section 6.07 of the Charter of the City of Huntsville, the City Council,at a regular meeting held on the 29th day of June,1993,proceeded to canvass the returns of the special election held in the City on the 26th day of June, 1993, for the purpose of issuance of $3,700,000 Library/Cultural Center Building Bonds; and WHEREAS the election was held under and pursuant to the provisions of Ordinance No. 93-16 calling the election; and WHEREAS the election having been duly called in the ordinance and according to law, and the returns thereof having been made and the election judges having certified the results of the election, as hereinafter set out, and the City Council having duly and regularly canvassed the returns of the election and finding that the total votes cast at the election were as follows: PROPOSITION For the issuance of$3,700,000 Library/ Cultural Center Building Bonds 428 Votes Against the issuance of$3,700,000 Library/ Cultural Center Building Bonds 1,023 Votes WHEREAS the City Council of the City of Huntsville finds that the election returns set out above to be accurate and correct,and no election protest or contest has been filed with Council or instituted in connection with the election returns: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1:The proposition did not receive a majority of the votes cast at the election held on June 26, 1993,and therefore fails. SECTION 2: City Council finds that the notice of the election was duly and properly given as required by law and as provided in ordinance calling the election,and that the election was duly held and the returns thereof duly made by the proper officials of the election,and in all things according to the law. SECTION 7:This ordinance shall take effect immediately from and after its passage. APPROVED this 29th day of June, 1993. THE CITY OF HUNTSVILLE,TEXAS .H.Hodges, �ay., ATTEST: J Danna Welter,City Secretary APP OVED AS TO FORM: Scott Bounds, City Attorney BOND ELECTION RESULTS LIBRARY/CULTURAL CENTER JUNE 26, 1993 VOTING BOX FOR AGAINST EARLY 166 314 101 24 40 102 89 221 201 56 102 206 33 99 301 42 115 401 18 132 TOTAL 428 1023 STATISTICS -JUNE 26, 1993 BOND ELECTION .............................................................................. Total voters casting ballots in Early Voting-480, 33 percent of total; Total voters casting ballots in Precinct 101 - 65, 4 percent of total; Total voters casting ballots in Precinct 102-311, 21 percent of total; Total voters casting ballots in Precinct 201- 158, 11 percent of total; Total voters casting ballots in Precinct 206- 132, 9 percent of total; Total voters casting ballots in Precinct 301- 157, 11 percent of total; Total voters casting ballots in Precinct 401- 150, 10 percent of total. TOTAL NUMBER OF VOTERS CASTING BALLOTS IN THIS ELECTION 1,453 TOTAL NUMBER OF REGISTERED VOTERS- 101 1550 TOTAL NUMBER OF REGISTERED VOTERS- 102 2936 TOTAL NUMBER OF REGISTERED VOTERS-201 1815 TOTAL NUMBER OF REGISTERED VOTERS-206 606 TOTAL NUMBER OF REGISTERED VOTERS-301 1964 TOTAL NUMBER OF REGISTERED VOTERS-401 2479 TOTAL NUMBER OF REGISTERED VOTERS IN THE CITY 11,350 PERCENTAGE OF REGISTERED VOTERS WHO VOTED 13% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-10 EPA-Reviewed Audit For A.J.Brown Plant 08-17-93 RESOLUTION NO.93-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,INFORMING THE EPA THAT IT HAS REVIEWED THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL AUDIT FOR THE A. J. BROWN WASTEWATER TREATMENT FACILITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1:The City of Huntsville informs EPA Region 6 that it has reviewed the Municipal Water Pollution Prevention Environment Audit Report dated August, 1993,for the A.J.Brown Wastewater Treatment Facility,NPDES Permit No.TX 0072974(Parker Creek WWTP). SECTION 2: This resolution shall take effect immediately. PASSED AND APPROVED by a unanimous vote on the 17th day of August, 1993. THE CITY OF HUNTSVILLE by: W.H.Hodges,Mayor ATTE Danna Welter,City Secretary z D - TO FORM: ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-11 EPA-Reviewed Audit For N.B.Davidson Plant 08-17-93 1 � RESOLUTION NO.93-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,INFORMING THE EPA THAT IT HAS REVIEWED THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL AUDIT FOR THE N.B.DAVIDSON WASTEWATER TREATMENT FACILITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1:The City of Huntsville informs EPA Region 6 that it has reviewed the Municipal Water Pollution Prevention Environment Audit Report dated August, 1993,for the N.B.Davidson Wastewater Treatment Facility, NPDES Permit No.TX 0022373(South WWTP). SECTION 2: This resolution shall take effect immediately. PASSED AND APPROVED by a unanimous vote on the 17th day of August, 1993. THE CITY OF HUNTSVILLE b� y: W.H.Hodges,Mayor ATTEST: OS Danns Welter,City Secretary ZAPPROA FORM: ,City Attorney MEMORANDUM August 11, 1993 TO: Gene Pipes,City Manager FROM: F.Boyd Wilder,Director of Public Wor SUBJECT: Municipal Water Pollution Prevention(MWPP) Environmental Audit Report The attached reports(one for the North WWTP and one for the South WWTP)are the required "Municipal Water Pollution Prevention Environmental Audit." This is an annual report for EPA and requires a resolution for each,passed by City Council,acknowledging the report. I need these two resolutions passed by City Council on August 17,1993,in order to mail the completed reports to EPA. FBW/tkt Attachments CF1Y COUNCIL APPROVED RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-12 Honor 1993 American Minor League All-Stars 08-24-93 RESOLUTION NO-93-12 A RESOLUTION HONORING THE 1993 HUNTSVILLE AMERICAN MINOR LEAGUE ALL-STARS FOR WINNING THE DIXIE LEAGUE STATE CHAMPIONSHIP. WHEREAS the Huntsville Boys Baseball Association has been providing youth of our community a Spring and Summer recreational, athletic and instructional program for boys 5-18 years of age under the auspices of the Dixie Youth Baseball Association;and WHEREAS the league of volunteer sponsors, coaches, parents and administrators have collectively provided a first rate framework of administrative oversight and supervision of this worthy endeavor to benefit our youth;and WHEREAS many of the teams from Huntsville and the league itself have distinguished the community with seasonal and post season tournament victories over many years;and WHEREAS for the first time in the history of Dixie League affiliation a team from Huntsville has attained the highest honor available to it under the Dixie League playoff system;and WHEREAS the Huntsville American Minor League All-Stars consisting of: #2 Joel Cole #9 Billy Dean Smith #3 Chris Casey #10 Richard Bunn #4 Ben Sousa #11 Cody McKinley #5 Jacob Lewis #12 Nicholas Beaty #6 Scott Murphy #14 Cole Hardy #7 Maurice Hagans #15 Derek Colley #8 Jordan Griffin as assisted by: Pat Murphy,Manager;Ralph Beaty and Dave Lewis,Coaches, WON the Minor League State Championship in Texarkana,Texas,on Saturday, July 31,1993,as an undefeated team in post season play. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,THAT: This singular accomplishment by these young men as a team representing our community be recognized and honored for their distinguished achievement. DULY considered and passed unanimously this 24th day of August, 1993, in the City of Huntsville and attested by the signature of the Mayor and the seal of the City. THE CITY OF HUNTSVILLE,TEXAS W.H.Hodges,M yor RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-13 TDOT-F.M.Agreement(F.M. 1791 Ext.) 10-05-93 RESOLUTION NO. 93-13 RESOLUTION ACCEPTING PROVISIONS OF COUNTY/CITY FM AGREEMENT THE STATE OF TEXAS Q Huntsville ,Texas COUNTY OF WALKER October 5 , 19 93 MOTION was made by Harold Norton and seconded by Dan Davis that the City of Huntsville, Texas accept the provisions contained in Agreement (Surface Transportation Program, Urban Mobility/Rehabilitation for the improvement by the Texas Department of Transporation of the project described below: FM 1791 from IH 45 West Frontage Road to SH 30 VOTE on the motion was as follows: UNANIMOUSLY FOR: Mayor Bill Hodges, Ila Gaines, Jim Carter, Dan Davis, Harold Norton, Dave Luning and JoAnn Matthews, William Green, Ron Lange. WHEREUPON the motion was declared Passed THE STATE OF TEXAS Q COUNTY OF WALKER 4 I hereby certify that the foregoing is a true and correct copy of the order passed by the City of Huntsville city Council on October 5 1993 (Seal) // / 0�ity Secretary or /County Clerk Walker county CSJ: 170 - 1-' STATE OF TEXAS COUNTY OF WALKER " A G R E E M E N T (SURFACE TRANSPORTATION PROGRAM URBAN MOBILITY/REHABILITATION) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", the . County of Walker Texas, acting by and through its duly authorized officers, hereinafter called the "County" and the city of Huntsville, Texas, acting by and through it duly authorized officers, hereinafter called the "city".' W I T N E S S E T H WHEREAS, the State is empowered under existing law to construct and operate the State Highway System for public use and benefit; and WHEREAS, the State, the County and the City desire that County Road (CR) New Location. and New Location , a City facility, be designated a "Farm-to-Market Road" and placed on the State Highway System from the limits of the IH 4S West Frontage Road and to the limits of SH 30 as shown in "Exhibit A", to be hereinafter identified as the "Project"; and WHEREAS, the County and the City have offered to participate in the development and construction• of the Project by providing the necessary right-of-way and utility adjystments; and' i WHEREAS, on .the 4thday of October 1993, the Walker County Commiseioners Court passed Resolution No. attached hereto and identified as "Exhibit B", authorizing the county's participation in the development of the Project; and FH-COUNTY/CITY Page 1 OP 9 WHEREAS, on the 5th day of October 1993, the Huntsville City Council passed Resolution No. 93-13 , attached hereto and identified as "Exhibit C", authorizing the City's participation in the development of the Project; and . WHEREAS, the State will prepare the construction plans, fund and let the construction contract, provide the construction inspection, and assume the responsibility for the maintenance of the completed facility; and WHEREAS, the State and the County are statutorily authorized under Article 6673c, V.T.C.S. to enter into thin agreement for the purposes defined herein; and WHEREAS, the State and the City are statutorily authorized under Article 6673b, V.T.C.S. to enter into this agreement for the purposes defined herein; .and A G R E E M E N T NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: ' 1. CONTRACT PERIOD This agreement becomes effective upon final execution by the State and shall terminate upon final completion of the Project or unless terminated or modified as hereinafter provided. 2. SCOPE OF PROJECT A. The State, the County and the City agree that the scope of the Project shall be limited to the scope authorized by the Texas Transportation Commission. B. The Project will be designated a part of the State Highway System as a FARM TO MARKET ROAD; however any existing city street or county road within the limits of the Project will not be designated or incorporated therein prior to the State's award of the construction contract. C. The County and the City will continue to provide maintenance for all county and city roads within the limits of the Project until the State's award of the construction contract. FM-COUNTY/CITY .Page 2 Of 9 3. ACQUISITION OF RIGHT-OF-WAY The County and the City shall assume all costs and perform all necessary requirements to provide to the State title to the desired right-of-way required for the construction of the Project, which title shall be acceptable to the State. The County and the City shall provide all right-of-way to the State free and clear of all improvements and/or encroachments. The county and the City will comply with and assume the costs for compliance with all the requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. section 4601, et seq., except those provisions relating to incidental expenses incurred by the property owners in conveying the right-of-way to the State. Documentation to support such compliance must be maintained and must be made available to the State and its representatives for review and inspection. The County and the City shall secure and provide to the State easements over any other land in addition to normal right-of-way as may be indicated on the approved right-df-way map. The State will provide the County and the city standard conveyance forms used by the State in acquiring highway right-of-way and such forms will be used by the County and the City in conveying title to the State. Title to the acquired right-of-way shall be secured in.the name of the State or should be conveyed to the State by the County or the City if previously acquired in the name of the County or the City. Any deletions, additions or modifications of the forms must be approved in writing by the State. The County and the City will be responsible for any additional right-of-way required by the State for the completion of the Project. 4. RIGHT-OF-WAY DESCRIPTION The State shall assume all costs of preparing right-of-way maps, property descriptions and other data as needed to properly describe the right-of-way which the County and the City is to acquire and provide to the state. The right-of-way maps and property descriptions shall be submitted to the County and the City for use in acquiring the necessary right-of-way. Tracings of the right-of-way maps shall be retained by the State for its permanent records. FH-COUNTY/CITY .page 3 OP 9 5. RELOCATION ASSISTANCE The State shall assume all costs of providing relocation assistance as may be determined to be eligible under the Relocation Assistance Program. The State will comply with Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601, et seq. 6. UTILITY ADJUSTMENTS/RELOCATIONS If the required right-of-way encroaches upon existing utilities located on the utility companies right-of-way and the proposed highway construction requires the adjustment, removal or relocation of such utility facilitiee, the State will . establish the necessary utility work and notify the County and the City-of this necessity. The County and the City shall be responsible for all costs associated with the adjustment, removal or relocation of such utility facilities, and such adjustment, removal or relocation shall be in accordance with applicable State law, regulations, policies and procedures. In the event•additional utilities are required to be adjusted, removed or relocated during the construction of the Project, the County and the City will be responsible for a]L costs associated with the additional utility work. 7. ENVIRONMENTAL MITIGATION A. The County and the"-'City will be responsible for the remediation of any underground storage tanks or hazardous materials sites that are identified on the property to be acquired as right-of-way for the proposed FM project. The County and the City will assume all costs associated with the environmental remediation. B. The State will be responsible for mitigation of project impacts that result from any agreements, permits and/or coordination that are necessary to complete the environmental and public involvement phases of the Project. The State will assume all costs associated with these requirements. B. RESPONSIBILITIES OF THE STATE A. The State shall assume all costs in preparing or causing to be prepared any necessary environmental documentation and conducting the appropriate public involvement, if necessary, as well as, preparing or causing to be prepared the FM-COUNTY/CITY .Page 4 of 9 Project'e preliminary engineering necessary for the development of the plane, specifications and estimates (P.S.& E.). The P.S.& E. shall- b- e developed in accordance with the State's Standard Specifications For Construction Of Highways, Streets And Bridges or its currently approved revisions. B. The state shall advertise for construction bide, issue bid proposals, receive and tabulate the bide and award a contract for construction of the Project in accordance with existing procedures and applicable laws. Any field changes, supplemental agreements or additional work orders which may become necessary subsequent to the award of the construction contract shall be subject to the approval of the State. C. The State will supervise and inspect all work performed by the construction contractor and will provide such engineering, inspection and testing services as may be required to ensure that the construction of the Project is accomplished in accordance with the approved P.S.& E. D. Upon completion of the Project, the State will issue to the Cbunty and the City a "Notification of Completion", acknowledging that the Project has been completed. E. Upon completion of the Project, the State will assume responsibility for maintenance of the completed highway facilities. 9. CONTROL AND OWNERSHIP70F THE PROJECT The development, construction and maintenance of the Project will be an integral part of the State Highway System and thus under the ownership, control and Jurisdiction of the State. The State assumes full and complete control as to the construction and operation of the Project. The State does not purport to convey i or assign any interest or right of ownership of the completed highway facility to the County or the City. The Project may be modified, relocated, closed and/or removed at the State's sole discretion. The State will not be held responsible to the County and/or the City for any reimbursement of funds in the event the Project is modified, relocated, closed and/or removed. FH-COUNTY/CITY Page 5 Of 9 10. OWNERSHIP OF DOCUMENTS Upon completion or termination of this agreement, all documents prepared by the County and/or the city or furnished to the County and/or the City by the State shall be delivered to and become the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. 11. TERMINATION A. This agreement may be terminated by any of the following conditions: (1) By mutual written agreement and consent of all parties. (2) By the State upon determination that construction of the Project is not feasible or is not in the best interest of the State and the traveling public. (3) By parties, upon the failure of the other parties to fulfill the obligation as set forth herein. B. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State, the County'and the City under this agreement. If the potential termination of this agreement is due to the failure of the County and/or the City to fulfill its contractual obligations as set forth herein, the State will notify the County and/or the City that possible breach of contract has occurred. The County and/or City should make every effort to remedy the breach as outlined by the State within a period mutually agreed upon by all parties. 12. INDEMNIFICATION To the extent permitted by law, the County and the City shall indemnify and save harmless the State, its officers, employees, agents and contractors from all i claims and liabilities due to the activities of the county and/or the city and its officers, employees, agents and contractors performed under this agreement and which result from an error, omission or negligent acts of the County and/or the City and its officers, employees, agents or contractors. Additionally, to the extent permitted by law, the County and the City shall save harmless the State, its officers, employees, agents and contractors from any and all expenses, including attorneys fees and court costs which may be incurred by the State in FM-COUNTY/CITY Page 6 of 9 litigation or otherwise resisting said claim. or liabilities which might be imposed on the State as the result of such activities by the County and/or the City and its officers, employees, agents or contractors. .. 13. AMENDMENTS Any changes in the time frame, character, agreement provisions or obligations of the parties hereto shall be enacted by written amendment executed by the County, the City and the State. 14. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity,.. illegality or unenforceability shall not affect any other provisions hereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 15. NOTICES All notices required under this agreement shall be delivered personally, or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: State: Mr. Lonny G, Traweek, P.E. Bryan District Engineer Texas Department of Transportation P...O. Box 3249 Bryan, Texas 77805 County: Honorable Frank J. Robinson County Judge, Walker County 1100 University Hunstville, Texas 77340 City: Honorable William H. Hodges 1212 Avenue M Huntsville, Texas 77340 FM-COUNTY/CITY Page 7 Of 9 and shall be deemed given on the date Be delivered or so deposited in the mail, unless otherwise provided herein. The parties hereto may change the above address by sending written notice of such change to the others in the manner provided herein. 16. SOLE AGREEMENT This agreement constitutes the sole and only-agreement between the parties hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in triplicate counterparts. _ T COUNTY OF W SER , TEXAS rank J. Robi on " Typed Name Walker County Judge Title October 4, 1993 Date ATTEST 4 County C18rk V (� THE CITY OF HUUNNTTSVILLE TEXAS By: W. H. HODGES Typed Name Mayor Title October 5, 1993 Date ATTEST: �— City Secretary FH-COUNTY/CITY Page 8 Of 9 THE STATE OF TERAS ' Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Minute Order No. 100002 acid Administrative Circular 15-93, for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: Typed Name Title Date FH-COUNTY/CITY age 9 Of 9 STATE DEPARTMENT OF CORRECTIONS r rs ` DIAGNOSTIC I /- y: --ems r -- ® HTsNvIuE rci le,O AIRPOR � p P k .., r S D C l �J I DIAGNOSTIC $ u I BEGIN PROJECT IH 45 WEST FRONTAGE ROAD STATE c'o y' - C. OEPARTMEN7, yeos4. xgJ ^ /I OF CORRECTIONS 0o MCPs O '�Y eap55 •_,5$ e$S f s T ' -is PRELIMINARY ALIGNMENT 5' °- ".nRcrc z H FMI.179 WALKERICOUNTY °N "epC ^� O'r ——4 16 '° HUNTSYILLE r ¢ r r H m 5 S.a I Y r D � r s n sr rw / II R 11 Pr .01. END PROJECT SH 30 I. I Lx„iarr „A„ RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-14 Submit Nominees For Appraisal District Board 10-19-93 RESOLUTION NO.93-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,SUBMITTING NOMINEES FOR THE BOARD OF DIRECTORS OF THE WALKER COUNTY APPRAISAL DISTRICT. WHEREAS Section 6.03 of the Texas Tax Code provides for the nomination and election of a board of directors for the Appraisal District; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1. The City of Huntsville,Texas,a taxing unit,nominates the following for-positions on the board of directors of the Appraisal District: Fred Cherry Jerry Larrison Ralph Lawson Sue Martin J.S.Robinson Joyce Robinson Willie Williams SECTION 2. These nominations are authorized by this resolution of City Council as adopted on this the 19th day of October, 1993. THE CC�I,T/Y OF HUNTSVILLE,TEXAS W.H.Hodges,Mayor ATT T: arJJ Dann�City Secretary APP OWED: Sc Bounds, ity Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-15 Vote For Candidates For Appraisal Dist.Board 11-09-93 RESOLUTION NO.93-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,DETERMINING THE VOTE OF THE CITY COUNCIL FOR CANDIDATE(S) TO THE BOARD OF DIRECTORS OF THE WALKER COUNTY APPRAISAL DISTRICT;AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Section 6.03 of the Texas Tax Code provides for the nomination and election of a Board of Directors for Appraisal District;and WHEREAS The governing body of each taxing unit entitled to vote shall determine its vote by resolution and submit it to the Chief Appraiser of the Appraisal District before November 19; and WHEREAS The governing body may cast all its votes for one candidate or distribute them among candidates for any number of directorships; and WHEREAS A copy of the official ballot is attached hereto;and WHEREAS In 1993, the City of Huntsville has 1,033 votes; NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas, that: SECTION 1: The City Council of the City of Huntsville,Texas,hereby casts its votes for the Walker County Appraisal District Board of Directors as follows: Fred Cherry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147.57 Jerry Larrison . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147.57 Ralph Lawson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147.57 Sue Martin . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147.57 J. S. Robinson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147.57 Joyce Robinson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147.57 Willie H.Williams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147.57 SECTION 2: The Mayor is hereby authorized and directed to execute the official ballot of the City and to deliver its votes to the Chief Appraiser before November 19, 1993. SECTION 3: This resolution shall take effect immediately upon passage by City Council. SECTION 4: This ordinance shall take effect immediately from and after its passage by City Council. Passed and approved this 9th day of November, 1993. THE CITY OF HUNTSVILLE W.H.Hodges,Mayor ATTEST: Danna Welter,City Secretary APPROVED AS TO FORM: Scott Bounds,City Attorney Walker County Appraisal District JURISDICTIONS: APPRAISAL DISTRICT BOARD City of H-owille CHAIRMAN City of New wavedy Ralph Lawson City of Riverside VICE CHAIRMAN P.O.BOX 1798(18 19 SYCAMORE) Elkins Lake M.U.D. Fred Cherry HUNTSVILLE.TEXAS 77342-1798 Hunrsville I.S.D. SECRETARY 409295-0402 New wavedy I.S.D. Richards ISM. 1.S.Robinson Walker County Walker Co.Hospital District Jerry Lamson Walker Co.Fre District Robert McCann Robert Olipham Joyce Robinson CHIEF APPRAISER Grover A.Cook OFFICIAL BALLOT In compliance with the State Property Tax Code, Section 6.03, candidates to fill the seven seats on the Walker County Appraisal District Board of Directors for the 1994-96 term are to be voted on from the following list of nominees: Candidates Votes Cast Fred Cherry 147.57 Anthony Goodney Jerry Larrison 147.57 Ralph Lawson 147.57 Sue Martin 147.57 J.S. Robinson 147.57 Joyce Robinson 147.57 Edward L. Thomas Willie H. Williams 147.57 Jurisdiction City of Huntsville. Texas Presiding Officer w. H. Hodges, Mayo Att Wit: / Date 11-09-93 NOTE: Robert McCann withdrew his name from nomination and is not listed above. Walker County Appraisal District APPRAISAL DISTRICT BOARD IURISDICTIONS: CHAIRMAN City of Huntsville Ralph La-an City of New Waverly VICE CHAIRMAN P.O.BOX 1798(1819 SYCAMORE) Elti.aiD D M . Frcd Cherry P.O. TEXAS 77342-1798 Huntsville I.S.D. SECRETARY 409295-0402 J.S.Robinson New Waverly .D. Richards I.S.D.D Walker County Jerry Lamson Walker Co.Hospital District Robert McCann Walker Co.Fite District Rohert Oliphant Joyce Robinson CHIEF APPRAISER Grover A.Cook DATE: October 25, 1993 TO: Voting Jurisdictions of Walker County FROM: Grover A. Cook SUBJECT: Official Ballot to Select CAD Board of Directors for 1994-96 Enclosed is the official ballot listing the nominees to be voted on for the CAD Board of Directors for 1994-96. Each voting jurisdiction is to vote on the nominees for seven seats in an open meeting and submit a written resolution to our office by November 19, 1993. Please place this item on a meeting agenda prior to that date in order for the resolution to reach our office by the stated deadline (November 19, 1993). If you have any questions please let us know. CfiV COUNCIL APPROVED Voting Entitlement Walker County Appraisal District Board Election 1994-96 Election VOTING UNITS LEVY PERCENTAGE X 1000 X 7 = VOTES Huntsville I.S.D. 3,575,428 37.43 X 1000 X 7 = 2,620 City of Huntsville 1,409,022 14.75 X 1000 X 7 = 1,033 City of Riverside 19,464 .20 X 1000 X 7 = 14 City of New Waverly 47,085 .49 X 1000 X 7 = 34 New Waverly I.S.D. 228,595 2.40 X 1000 X 7 = 168 Richards I.S.D. 35,952 .38 X 1000 X 7 = 27 Walker County 4,236,439 44.35 X 1000 X 7 = 3,104 Total $9,551,985 1008 X 1000 X 7 = 7,000 NOTE: The above number of votes for your jurisdiction may be divided among all seven candidates. RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-16 Designate Unmarked Vehicles-Police 11-09-93 RESOLUTION NO.93-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES;AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS Tex. Rev. Civ. Stat. art. 6701m-2 generally requires all city owned vehicles to be clearly marked;and WHEREAS state law permits the governing body of a city to designate motor vehicles used by the police for purpose of performing official duties to be unmarked;and WHEREAS the State Department of Highways and Public Transportation requires that the designation of unmarked motor vehicles be made by resolution describing the motor vehicle; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: Section 1: The following vehicles used by the police department of the City of Huntsville,Texas,for the purpose of performing official city police duties are hereby designated as unmarked vehicles: Year Make Serial Number 1985 Ford 1FABP3933FA163396 1985 Ford 1FABP3933FA117356 1983 Chev 1G1AN69H8DX130566 1985 Chev 1G1BN69H5FY149464 1984 Chev 2G1AN69H5E9253225 1984 Chev 1G1AN69H9E9253258 1987 Ford 2FABP72G1HX176355 1986 Dodge 1B3BD26D8GC199506 Section 2: Lt.Gary Howze of the Police Department is hereby authorized and directed to execute any and all forms necessary to receive license plates for these vehicles that do not indicate the vehicles are owned by a government agency. Section 3: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this 9th day of November, 1993. THE CITY OF HUNTSVILLE i mr .Hogs,Mayor AT ST: v&') Danna Welter,City Secretary APP OVED TO FORM: Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-17 Approve Part.Lone Star Invest.Pool 11-30-93 RESOLUTION NO.93-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL INVESTMENT AGREEMENT FOR PARTICIPATION IN THE LONE STAR INVESTMENT POOL; DESIGNATING THE POOL AS AN AGENCY AND INSTRUMENTALITY; APPROVING INVESTMENT POLICIES OF THE POOL; APPOINTING AUTHORIZED REPRESENTATIVES AND DESIGNATING INVESTMENT OFFICERS; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS The Interlocal Cooperation Act,Chapter 791 of the Government Code(formerly Article 4413(32c),Vernon's Texas Civil Statutes,as amended),and Article 4413 (34c),Vernon's Texas Civil Statutes,as amended(collectively,the"Act"),permit any"local government"to contract with one or more other"local governments" to perform"governmental functions and services",including investment of public funds through"public funds investment pools"(as such phrases are defined in the Act);and WHEREAS The Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas, within the meaning of Chapter 771 of the Government Code;and WHEREAS The Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement;and WHEREAS The City of Huntsville(the "Government Entity") is a local government or an agency of the State of Texas within the meaning of the Act and desires to enter into that certain Interlocal Investment Agreement(the "Agreement"), a copy of which is presented with this Resolution and is incorporated herein by reference, and become a participant in a public funds investment pool created thereunder and known as the Lone Star Investment Pool (the "Pool") sponsored by the Texas Association of School Boards("TASB");and WHEREAS The Government Entity desires to designate the Pool as its agency and instrumentality with authority, through its Board of Trustees (the "Board"), to supervise performance of the Agreement,employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement;and WI-IEREAS Each capitalized term used in this Resolution and not otherwise defined has the same meaning assigned to it in the Agreement; NOW, THEREFORE, be it resolved by tile City Council of the City of Huntsville,Texas, that: SECTION 1: The Agreement is hereby approved and adopted and,upon execution thereof by an Authorized Representative (defined below) and receipt of the Government Entity's application to join the Pool by the Administrator,the Government Entity shall become a Participant in the Pool for the purpose of investing its available funds therein from time to time in accordance with its terms. SECTION 2: The Pool is hereby designated as an agency and instrumentality of the Government Entity,the Board is hereby designated as the governing body of the Pool and the Pool, through the Board, shall have the authority to supervise performance of the Agreement, employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement. SECTION 3: The investment policies of the Pool, as set forth in the Statement of Investment Policy, as summarized in the Information Statement, and as may be amended from time to time by the Board,are hereby adopted as investment policies of the Government Entity with respect to money invested in the Pool,and any existing investment policies of the Government Entity in conflict therewith shall not apply to investments in the Pool. SECTION 4: The following officers, officials, or employees of the Government Entity are hereby designated as "Authorized Representatives", within the meaning of the Agreement, with full power and authority to: execute the Agreement, an application to join the Pool and any other documents required to become a Participant;deposit money to and withdraw money from the Government Entity's Pool account from time to time in accordance with the Agreement and the Information Statement;and take all other actions deemed necessary or appropriate for the investment of funds of th vernment Entity: Printed Name: Ge i s Signature: Date:�y -2- Printed Name: tricia Allen Signature: AlAy.GIIJ Z.( Date: /,2.2-c1-' Printed Name:nMartha Blume Signature: / {�L(tih'Ld� .LL-ilt' Date: l,!9_a_ci3 In accordance with Pool procedures,an Authorized Representative shall promptly notify the Pool of any changes in who is serving as Authorized Representatives. SECTION 5: In addition to the foregoing Authorized Representatives,each Investment Officer of the Pool appointed by the Board from time to time is hereby designated as an investment officer of the Government Entity and, as such, shall have responsibility for investing the share of Pool assets representing funds of the Government Entity. Passed and approved this 30th day of November, 1993. THE CITY OF HUNTSVILLE Aw*1449Z W.H.Hodges,Mayor ATTEST: A(1 6 Danns Welter,City Secretary APPROVED AS TO FORM: J�' Scott Bounds, City Attorney Form R Interlocal Investment Agreement THIS INTERLOCAL INVESI'MENTAGREEM ENT(together with any amendments and supplements,referred to as this"Agreement'D is made and entered into by and among each of those local governments initially executing this Agreement and any other local government that becomes a nartv hereto(collectively.the"Participants'). WHEREAS,the Interlocal Cooperation Act,Article 4413(32c),Vernon's Texas Civil Statutes,as amended, and Article 4413(34c),Veinon'sTexas Civil Statutes,as amended(collectively,the"Act'),permit any"local government" to contract with one or more other"local governments"to perform"governmental functions and services,"including investment of public funds through"public funds investment pools"(as such phrases are defined in the Act); WHEREAS,the Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement; WHEREAS,each of the Participants is a local government under the Act; WHEREAS,the Participants desire to establish and maintain a public funds investment pool as their agencv and instrumentality pursuant to the Act for the purpose of pooling their local funds forjoint investment in accordance with the Act and the terms hereof; WHEREAS,the Participants desire that the Pool be managed and operated in a manner consistent with the management and operation of the Texas School Cash Management Program adopted by the Texas Association of School Boards; WHEREAS,each of the Participants has duly taken all official action necessary and appropriate to become a partv to this Agreement.including the adoption of a resolution; NOW,THEREPOP.E,in consideration ofthe premisesand the mutualcovenantsand agree:mentscontained herein, the Participants mutually agree as follows: ARTICLE I Definitions and Rules of Construction Section 1.01.Definitions. Except as otherwise provided in this Agreement.the capitalized terns used herein shall have the following meanings unless the context otherwise requires: Account-any account established by a Participant and representing an undivided beneficial interest of such Participant in the Pool. Act-the Interlocal Cooperation Act,Article 4413(32c).Vemon's Texas Civil Statutes,and Article 4413(34c), Vernon's Texas Civil Statutes,as the same may be amended from time to time. Additional Party Agreement- a document which. when anached to it copy of this.Agreement and executed by an Authorized Representative of a 1-rrcal Government.constitutes it valid and binding counterpart of this Agreement by which such Local Government becomes a Participant,substantially in the form attached hereto as an Appendix- l� * 7 Administrator-theTexas Association of School Boards,Inc.,aTexas nonprofit corporation,or any other person, firm or organization approved by the Board and under contact with the Pool to provide administrative assistance in connection with the management and operation of the Pool. Adviser-the registered investment adviser oradvisers selected by oratthe direction ofthe Board to provide advice regarding investment of Pool assets pursuant to this Agreement and subject to applicable law. Authorized Investments-those investments which are authorized from time to time to be purchased,sold and invested in under the Investment Act Authorized Representative-an individual authorized to execute documents and take other necessary actions, pursuant to this Agreement,on behalf of a Local Government or other person,firm or organization,as evidenced by a duly adopted resolution or bylaw of the governing body of such Local Government or other person,firm or organization, a certified copy of which is on file with the Administrator.In the case of a Local Government that is a combination of political subdivisions under the Act,the Authorized Representatives of any administrative agency appointed by such combination of political subdivisions shall be deemed to be Authorized Representatives for such Local Government. Board-the governing body of the Pool,known as its Board of Trustees. Bylaws-the bylaws of the Pool,as the same may be amended from time to time,subject to the requirements of this Agreement Custodian-the person selected by or at the direction of the Board to have custody of all money,investments and other assets of the Pool pursuant to this Agreement and subject to applicable law. Endorser-any person,firm or organization recognized by the Board as an endorser or sponsor of the Pool. Information Statement-the information statement or any other document distributed to Participants and potential Participants to provide them with a description of the management and operation of the Pool,as the same may be amended from time to time,subject to the requirements of this Agreement. InvestmentAct-the Public Funds Investinent Act,Article 842a-2,VernonsTexas Civil Statutes,as the same may be amended from time to time. Investment Consultant-the person selected by or at the direction of the Board to provide advice regarding(1) the selection of the Adviser and the Custodian,(2) the terms of the Statement of Investment Policy,and (3)the performance of the Pool. Investment Officer-one or more officers oremployees of the Pool designated as investment officers by the Board. Local Government-a school district;county;home rule city or city,village or town organized under the general laws of the State;special district;junior college district;any other legally constituted political subdivision of the State;a combination of political subdivisions (including a combination of political subdivisions by means of an interlocal agreement governed by the Act);or any other entity that may be included in the definition of"local government"in the Act. Participants-the Local Governments that are the initial parties to this Agreement and the Local Governments which subsequently become parties to this Agreement. Pool-the public funds investment pool created pursuant to this Agreement and known as the"Ione Stan' Investment Pool." Ig * 8 Program-the Texas School Cash Management Program sponsored by the Texas Association of School Boards. Sponsor-the Texas Association of School Boards,aTexas nonprofit association,acting by and through its duly appointed and acting agents and trustees that administer the Program. State-the State of Texas. Statement of Investment Policy-the written Statementof Investment Policy adopted and approved by the Board governing investment and management of Pool assets,as the same may be amended from time to time,subject to the requirements of this Agreement 1.02 General Rules of Construction. (a) Whenever in this Agreement the context requires: (1)a reference to the singular number shall include the plural and vice versa;and (2)a word denoting gender shall be construed to include the masculine,feminine and neuter. (b)The titles given to any article or section of this Agreement are for convenience only and are not intended to modify the article or section. ARTICLE II Creation of Pool; Purpose and Objective Section 2.01.Creation of the Pool as an Agency. (a) The initial Participants hereby create and establish,and all subsequent Participants hereby agree to and accept the creation of,a public funds investment pool as their agency and instrumentality pursuant to the Act,known as the"Lone Star Investment Pool"(the"Pool"). (b)The Pool shall hold legal tide to and manage all money,investments and otherassets transferred to or acquired by the Pool pursuant to the Act and this Agreement. (c) As an agency and instrumentality of the Participants,the Pool shall have tine authority,through its Board,to employ personnel,engage in other administrative activities and provide other administrative services necessary to accomplish-the purpose of this Agreement. Section 2.02.Purpose and Objective. (a) The purpose of the Pool is to provide Local Governments with an investment vehicle for local funds not required to be spent immediately and available for investment in securities with maturities and returns generally greater than those for money market instruments.The general objective of the Pool shall be to provide Participants with the highest possible rate of return for such funds,while maintaining safety of principal and providing Participants with the ability to withdraw money from their respective Accounts not less frequently than once per month. (b) In order to accomplish the Pool's objective,each Participant agrees that the money transfen-ed to the Pool will becommingled with moneytmnsferred to the Pool by other Participants forthe pwposeof makingauthorized investments,subject to the terms of this Agreement and the requirements of the Statement of Invest- ment Policy and applicable law,thereby taking advantage of investment opportunities and cost benefits available to larger investors. 19 * 9 ARTICLE III Pool Administration Section 3.01.The Board and the Bylaws (a) The business and affairs of the Pool shall be managed by the Board as governing body of the Pool and as part of the Program.The Board is hereby authorized and directed to adopt and maintain Bylaws thatare consistent with the bylaws of the Program(the"Program Bylaws'),except with respect to any provision of the Program Bylaws which,if adopted as part of the Bylaws,would adversely affect the legal status of the Pool. (b)The Bylaws shall set forth,among other things,the procedures governing the selection of,and action taken by,the members of the Board,provided that each voting member of the Board shall be required to be an employee or elected official of a Participant The Participants shall be subject to the terns of the Bylaws. Section 3.02.Powers and Duties of the Board. (a) Subject to applicable law and the terms of thisAgreement,the Board shall have full and complete powerto take all actions,do all things and execute all instruments as it deems necessary or desirable in order to carry out, promote or advance the investment objective,interests and purposes of the Pool to the same extent as if the Board was the sole and absolute owner of the Pool. (b)The Board shall adopt and maintain a Statement of Investment Policy,consistent with the general objective of the Pool,which shall provide more detailed guidelines for investment and management of Pool assets.Tie Board shall,subject to the terms of this Agreement,have the authority to amend any term or provision of the Statement of Investment Policy,provided that notice is sent to each Participant at least 60 days prior to the effective date of any change which,in the opinion of the Board,will have a material effect on the Participants investment in the Pool. (c) The Board shall designate one or more Investment Officers for the Pool who shall be responsible for the investment of Pool assets,provided that no person who is an officer or employee of a regional planning commission,council of governments or similar regional planning agency created pursuant to Chapter 391 of the Local Government Code of the State shall be eligible to serve as an Investment Officer. (d)The Board shall prepare,or direct the preparation of,an Information Statement that describes how the Pool will operate in accordance with the terms of this Agreement and the Statement of Investment Policy.Subject to the terns of this Agreement and the Statement of Investment Policy,the Information Statement may be amended or supplemented,provided that notice is sent to each Participant at least 60 days prior to the effective date of any change described in such amendment or supplement which,in the opinion of the Board,will have a material effect on the Participant's investment in the Pool. (e) The Board shall,subject to the limitations established in the Statement the following:Investment Policy, have one fu mor power and authority to appoint,or direct the appointment Advisers;an Investment Consultant;lawyers;accountants;and any other service providers deemed necessary or helpful-in the operation of the Pool. (f) The Board shall have full and complete power to use,or direct the use of.Pool assets for the following purposes: (1) incur and pay any expenses which,in its opinion,are necessary or incidental to or proper for carrying out any of the purposes of this Agreement;(2)reimburse others for the payment thereof; (3)pay appropriate compensation or fees to persons with whom the Pool has contracted or transacted business; provided,however,the aggregate amount of the foregoing fees and expenses shall be subject to and governed by any restrictions thereon established by the Board;and(4)charge a Participant's Account for any special fees or expenses related specifically to transactions in such Account. h0 * 10 W'IheBoardshallcausefinancialstatementstobepreparedandmaintainedforthePoolandforsuchstatements to be audited annually by an independent certified public accounting firm. (h) By agreement,the Board may appoint the Administrator to perform administrative services for the Pool, provided that the Board shall continue to oversee the operation and management of the Pool and shall have the authority to direct the Administrator to take or not take specific action on behalf of the Pool. (i) The enumeration ofany specific power oraudiority herein shall not be construed as limiting the general power and authority of the Board over the Pool. Section 3.03.liability. (a) Neither the Board,the Sponsor,the Investment Officers,the Administrator,any Endorser,nor any officers, trustees,employees or board members of any of the foregoing shall be held liable for any action or omission to act on behalf of the Pool or the Participants unless caused by willful misconduct. (b)The Pool shall indemnify and hold harmless(either directly or through insurance)any person referred to in subsection(a)of this Section,to the extent permitted by law,for any and all litigation,claims or other proceedings, including but not limited to reasonable attorney fees,costs,judgments,settlement payments and penalties arising out of the management and operation of the Pool,unless the litigation,claim or other proceeding resulted from the willful misconduct of such person. ARTICLE W Participation in the Pool Section 4.01.Interlocal Investment Agreement In order for a Local Government to become a Participant and transfer money into the Pool,each of the following conditions must be satisfied: (a) The Local Government(including an"administrative agency"acting on behalf of a"combination of political subdivisions"within the meaning of the Act)must adopt a resolution (1)authorizing it to become a Parlici- pant and approving this Agreement,(2)establishing the Pool as arm agencv and instrumentality of thePartici- pant,(3)designating die-Board as the governing body of the Pool, (4) approving the investment policies of the Pool (as amended from time to time by the Board)and directing that any conflicting local investment policies shall not apply to Pool investments of the Participant,(5)designating Authorized Representatives of the Participant,and(G)designating the Investment Officers appointed from time to time by the Board as the Participant's investment officers who shall be responsible for investing the share of Pool assets representing local funds of the Participant;and (b)The Local Government(including an"administration agency'acting on behalf of a"combination of political subdivisions'within the meaning of the Act)must become a party to this Agreement by executing an Ad- ditional Party Agreement and delivering the same to the Pool,together with a certified copy of the resolution referred to in subsection(a)of this Section,an application in form and substance satisfactory to the Board and such other information as may be required by the Board. Section 4.02.Participant Accounts. (a) While available local funds of Participants maybe commingled for purposes ofconunon investment and operational efficiency,one or more separate Accounts for each Participant in the Pool will be established and maintained by the Pool in accordance with the Participant's application to juin the Pool. * 11 (b) Each Participant shall own an undivided beneficial interest in the Pool's assets which shall consist of the proportional amount that each Account of such Participant bears to the total amount of all Participants' Accounts. (c) Unique identifying information shall be assigned with respectto each Account.The Participanthereby agrees that such identifying information shall be required to implement any deposit to or withdrawal from the Participant's Account The confidentiality of such identifying information shall be maintained by the Pool. Section 4.03 Information Statement (a) The Information.Statement shall, among other things,describe in detail the procedures required to effect deposits to and withdrawals from the Pool. (b) Each Participant agrees to and accepts all of the provisions of the Information Statement,as in effect on the date it enters into this Agreement and as the same may be amended from time to time. Section 4.04 Reports.The Pool shall submit a written report at least once per month to each Participant Such report will indicate:(1)the balance in each Account of a Participant as of the date of such report, (2)yield information, and(3)all account activity since the previous report ARTICLE V Pool Assets Section 5.01.Pool Investments. Pool assets shall be invested and reinvested by the Pool only in Authorized Investments in accordance with the Statement of Investment Policy. Section 5.02.Custody.All money,investments and assets of the Pool shall be held in the possession of the Custodian. Section 5.03.Pool Valuation and Allocation to Participants.Total assets of the Pool,including investment earnings thereon,will be valued and allocated to Participants'Accounts on a pro rata allocation basis as further described in the Information Statement ARTICLE VI Miscellaneous Section 6.01.Severability. (a) If any provision of this Agreement shall be held or deemed to be illegal,inoperative or unenforceable,the same shall not affect any other provisions contained herein or render the same invalid,inoperative or unenforceable to any extent whatsoever. (b)Any participation in this Agreement or transfer of assets to the Pool that is not qualified for any reason shall not terminate this Agreement or the participation of other Participants or otherwise adversely affect the Pool. Section 6.02.Limitation of Rights.This Agreement does not create any right,title or interest for any person other than the Participants and any person who has a contract to provide services to the Pool,and nothing in or to be implied from this Agreement is intended or shall be construed to give any other person any legal or equitable right, remedy or claim under this Agreement * 12 Section 6.03.Execution of Counterparts.ThisAgreementmaybe executed in several separate counterparts, including by Additional Party Agreement,each ofwhich shall bean original and all ofwhich shall constitute one and the same instrument Section 6.04.Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State. Section 6.05.Termination. (a) A Participant may terminate itself as a party to this Agreement,with or without cause,by providing written notice to the Pool at least 60 days prior to such termination. (b) Upon the vote of a majority of its full membership,the Board may order the termination of this Agreement by directing that all outstanding operating expenses of the Pool be paid and remaining assets of the Pool be distributed to Participants in accordance with their respective pro rata interests. Section 6.06.Term.ThisAgreement shall have an initial term beginning with the effective date set forthbelow and ending September 1,1992 and shall be automaticallyrenewed foroneyearon such date and each anniversary ofsuch date,except with respect to any Local Government that may have terminated itself as a Participant or as otherwise directed by the Board. Section 6.07.Fiscal Year.The fiscal year for the Pool shall be set forth in the Bylaws. Section 6.08.Notices.Any notices or other information required or permitted to be given hereunder shall be sent(a)to the Pool as set forth in the Information Statement,and (b)to a Participant as set forth in its application to become a Participant or as otherwise provided by written notice to the Administrator. Section 6.09.Entire Agreement Amendments. This Agreement represents the entire agreement and understanding of the Participants. This Agreement may be amended with the approval of a majority of the full membership of the Board,provided that notice of any such amendment is sent to all Participants at least 60 days prior to the effective date thereof. IN WITNESS WHEREOF the initial parties hereto have caused thisAgreement to be executed as of the respective dates set forth below,to become effective of the latest such date. Houston Independent School District Lewisville Independent School District By:_/s/Leonard Sturm 7/11/91 By: /s/Tom j.Zimmerer 7/8/91 Deputy Superintendent of Finance Asst Superintendent for Business Humble Independent School District San Antonio Independent School District By: /s/Michael Novack 7/9/91 By: /s/Victor Rodriguez 7/22/91 Business Manager Superintendent o� * 13 Form III Application Form A.General Information(all Applicants required to complete this section) 1. Basic Information Name of Applicant City of Huntsville Mailing Address 1212 Avenue M City n„ntcvii I e Tip Code 77340 Contact Person Martha Blume Title Accountant Telephone Number (409) 291-5443 FAX (409) 291-5409 Tax Identification Number 74-6001426 2. Effectiveness of Application Porm The information,certifications and authorizations set forth in this application form are true and correct and shall remain in full force and effect until Texas Association of School Boards,Inc.,or its successor, receives written notification of a change. 3. Information Statement,Interlocal Investment Agreement and Investment Policies It is hereby certified that the Applicant has received a copy of the Information Statement relating to the Lone Star Investment Pool and has read,understands and agrees to be bound by the terms thereof and the documents described therein.It is furthercertifled that theApplicantunderstands that,by adopting the Lone Star Investment Pool Resolution,it approves the investment policies of the Pool for money deposited to its Account notwithstand- ing any conflicting local investment policies. _ Pool applicants are required to deliverthis completedapplication,along with a certifiedcopyofthe Lone Starlmentent Pool Resolution,and an executed Interlocal Investment Agreement to:Teras Association of School Boards,Inc.,P.O.Box 2912,Austin,Texas 787682912 or 7620 Guadalupe,Austin,Texas 78752. * 15 * B. Account and Bank-Related Information 1. Pool Account Information Authority is hereby given to Texas Association of School Boards,Inc.,as Lone Star Investment Pool Administra- tor,to open a Pool Account to be named(e.g.,General Fund,Debt Service Fund,etc): City of Huntsville — Concentration Account 2. Local Depository Information(for your protection,each Pool Account may access only one local depository account): Bank Name First National Bank — Huntsville Bank Address P. 0. Box 539 City Huntsville Zip Code 77340 Bank Contact Sophie Wesolick Tide Sr. Vice President Bank Phone Number (409) 295-5701 FAX (409) 295-3907 Bank ABA Number(9 digits) 114900164 Bank Account Number 057414 Bank Account Name Cash Concentration Account 3. DepositiVithdrawal Information and Authorization Applicant hereby authorizes the Lone Star investment Pool and its Administrator and Custodian to honor any Pool deposit or withdrawal request believed to be authentic. Money will be transferred only upon telephone, written or personal notice from an Authorized Representative of the Applicant Upon such notification,debit or credit entries to the local depository account indicated above will be initiated,and the local depository named above is hereby authorized to further debit or credit the same to such account,as appropriate.Transfer shall be made by Automated Clearing House Transfer(ACH)unless otherwise directed by the Applicant.There is no direct charge for ACH transfers. C. Application Signature Application is hereby made and executed this 30th day November 19 93 Name of Authorized Representative__ Gene ape Signature of Authorized Representative Title of Authorized Representative Manager Photocopy this form for additional accounts. * 16 * APPENDIX TO INTERLOCAL INVESTMENT AGREEMENT ADDITIONAL PARTY AGREEMENT The Government Entity of the State of Texas named below, acting by and through the undersigned Authorized Representative, hereby agrees to become a party to that certain Interlocal Investment Agreement to which this page is attached, and thereby become a Participant in the Lone Star Investment Pool,subject to all of the terms and provisions of such Agreement. The undersigned hereby represents that it is a Government Entity within the meaning of the Information Statement relating to the Lone Star Investment Pool and thereby deemed to be included in the term "Local Government"as used in such Agreement. Executed this 30th day of November, 1993. City of Huntsville, Texas Name of G ernment Entity Si re of Auth ized Representative Gene Pipes,City Manager Printed Name and Title RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 93-18 Intent to Reimburse Certain Expenditures(Bond) 11-30-93 J RESOLUTION NO.93-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DECLARING INTENTION TO REIMBURSE CERTAIN EXPENDITURES WITH BORROWING PROCEEDS; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS The City of Huntsville, Texas (the "Issuer"), desires to pay expenditures in connection with the design,planning,acquisition,construction,equipping,and/or renovating the project or facilities described in Exhibit A attached hereto (the "Project");and WHEREAS Article 717k-6, Vernon's Texas Civil Statutes, as amended("Article 717k-6"), permits the Issuer to use the proceeds of obligations to reimburse the Issuer for costs attributable to the Project paid or incurred before the date of issuance of such obligations; and WHEREAS the Issuer finds,considers,and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the objectives of the Issuer's programs and,as such,chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project. NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas, that: SECTION 1:This Resolution declares the intention of the Issuer to reimburse the expenditures for the Project with the proceeds of obligations. The Issuer presently intends to reimburse the expenditure by incurring obligations issued under Texas law the interest on which is excludable from gross income under section 103 of the Internal Revenue Code of 1986, as amended. SECTION 2:The Issuer reasonably expects to incur debt,in one or more series of obligations, in an aggregate maximum principal amount now estimated to be equal to $1,600,000 for the purpose of paying the costs of the Project. A portion of the proceeds of the obligations received by the Issuer in an amount now estimated at $295,000, is expected to be used to reimburse the Issuer for expenditures which are expected to be made for the project. SECTION 3: The Issuer intends to reimburse the expenditures hereunder not later than 18 months after the date the original expenditure is paid or the date the Project is placed in service or abandoned,but in no event more than three years after the original expenditure is paid unless the Project is a construction project for which the Issuer and a licensed architect or engineer has certified on Exhibit A that at least five years are necessary to complete the Project in which event the maximum reimbursement period is five years after the date of the original expenditure. SECTION 4: The Issuer intends that this Resolution satisfy the official intent requirement set forth in Section 1.150-2 of the Treasury Regulations and evidences its intentions under Article 717k-6. SECTION 5: This Resolution shall be liberally construed to evidence the intent of the Issuer to comply with state and federal income tax law in the issuance of tax exempt obligations for the Project. Passed and approved this 30th day of November, 1993. THE CITY OF HUNTSVILLE W.H.Hodges,Mayor ATTEST: V Danna Welter,City Secretary APPROVED AS TO FORM: 1 - Scott Bounds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: it-3o-�3 i RESOLUTION NO.93-19 r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE TEXAS TRANSPORTATION COMMISSION FOR INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA)OF 1991. WHEREAS the Texas Transportation Commission is currently granting funds for the Intermodal Surface Transportation Efficiency Act(ISTEA)of 1991; WHEREAS the ISTEA program allows the state to spend highway enhancement money on non-highway transportation needs; WHEREAS the Planning/Community Services Division has nominated Spur 94,the shortest highway in the State of Texas,as the targeted area for the ISTEA Enhancement Project; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: SECTION 1: That an ISTEA grant application for Spur 94,the shortest highway in the State of Texas, be filed on behalf of the City of Huntsville, Texas, with the Texas Transportation Commission. SECTION 2: That the application be for$281,000 for the funding of scenic beautification on Spur 94. SECTION 3: That the City Council directs and designates the City Manager as the Chief Executive Officer and Authorized Representative to act in all matters in connection with this application. SECTION 4: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this the 30th day of November,1993. THE CITY OF HUNTSVILLE 0057-vW044-0 ATTEST-. W.H.Hodges,Mayor !t/t0zz Darma Welter,City Secretary ADARRO'V AS TO FORM: Coma/ Cott Erounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 95-01 HGAC REPRESENTATIVE DESIGNATION 1-24-95 RESOLUTION 95-01 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY AND BOARD OF DIRECTORS BE IT RESOLVED,by the City Council of Huntsville,Texas that the following be,and they are hereby, designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 1995: REPRESENTATIVE DAN S. DAVIS ALTERNATE JIM CARTER FURTHER THAT,they are hereby,designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 1995. THAT, the Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED,this the 24th day of January 1995. APPROVED. i�,i Mayor William B. Green Danna L. Welter, City Secretary O� HoustonGalveston Area Council Office of the E=xecutive Director PO Box 22777•3555 Timmons•Houston,Texas 77227-2777•7131627-32M January 12, 1995 Hon.Bill Hodges Mayor, City of Huntsville 1212 Avenue M Huntsville,TX 77340 Dear Mayor Hodges: I am writing regarding designation of your city's representatives to H-GAC's 1995 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (1990)to select one member of its governing body as its representative and one member of its governing body as an alternate to the Houston-Galveston Area Council General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 1995 designated representatives begin their terms of office at the Annual Meeting, held in early 1995. If more information concerning General Assembly and Board of Directors membership would be useful,please contact me or Cynthia Marquez of the staff. Thanks for your help in selecting H-GAC's 1995 General Assembly and Board of Directors. Sincerely, v Jack Steele JS:jp Enclosure xc: City Secretary n RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 95-02 ENDORSE AND SUPPORT THE CITY'S W.W.PRETREAT.PROG. 3-21-95 RESOLUTION NO. 95-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ENDORSING AND SUPPORTING THE CITY'S WASTEWATER PRETREATMENT PROGRAM; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS The City of Huntsville has developed, pursuant to the Federal Water Pollution Control Act, a wastewater pretreatment program including request for program approval to E.P.A., a description of legal authority, an industrial waste ordinance,an outline of the City's organizational structure and funding,industrial user surveys, monitoring program and equipment, and specific limitations on wastewater discharge; and WHEREAS City Council held a public hearing on the wastewater pretreatment program on March 21, 1995, for which notice was published in the newspaper on March 7 and 17, 1995. WHEREAS City Council has implemented or fully supports and endorses all the program elements; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,that: SECTION 1: The City's wastewater pretreatment program is fully supported and endorsed by City Council,and the City has implemented or is in the process of implementing all the program elements contained therein. SECTION 2: This resolution shall take effect from and after ten (10)days from its passage by City Council. Passed and approved this 21st day of March, 1995. THE CITY OF HUNTSVILLE William B. Green,Mayor AT PST: Danna Welter,City Secretary APP 'Et TO FO 7 Scott B ds, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 95-03 F.M. 1791 EXTENSION-DES.'BLUE"ROUTE 3-21-95 RESOLUTION NO.95-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DESIGNATING A ROUTE PREFERENCE FOR THE EXTENSION OF F.M. 1791 BY SELECTING THE'BLUE"ROUTE;AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the City Council received public comments regarding the extension of F.M. 1791 at a Council Meeting on March 21, 1995; and WHEREAS after considering such comments and discussion,the City Council of the City of Huntsville favors the "blue" route for extension of F.M. 1791 through the underpass at Exit 118 on IH-45 to connect with Highway 75 North. NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas, that: SECTION 1: The City Council of the City of Huntsville, Texas, prefers the "blue" route for the extension of F.M. 1791 (see Attachment "A") as most consistent with transportation needs of this community. SECTION 2: This resolution shall take effect immediately upon passage by City Council. Passed and approved this 21st day of March, 1995. THE CJITY OF HUNTSVILLE W William B. Green,Mayor ATTST: Danna eIter,Ci ecretary APP OED TO FO l Scott Bounds, City Attorney 1 L i -------- 75 2821 — _ ._..� •�. .i� ' � ' � �`'�`\ � 'moi -------------- STATE------ STATE DEPARTMENT I OF CORRECTIONS ------- - ------L3 ----- . ----------•WYNNE QR a ROUTES UNDER �CONSIDERATION-,Zl ---- "-� \ �I WEST"HILL / 1 I MALL . ------------------ 30 i ------ ` \ N � 1 HUNTSVILLE \ 1791 /•� �'"� ' RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 95-04 SBA TREE PLANTING GRANT 4-11-95 RESOLUTION 95-04 A RESOLUTION OF CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S REPRESENTATIVE IN ALL MATTERS RELATED TO A SMALL BUSINESS ADMINISTRATION TREE PLANTING GRANT THROUGH THE TEXAS FOREST SERVICE, AND COMMITTING RESOURCES, AND AUTHORIZING TREE PLANTING ON THE SITE. WHEREAS the City Council desires to participate in a program to plant trees on City property utilizing small businesses as much as possible;and WHEREAS the City Council agrees to comply with all program rules as set out in the grant program guidelines;and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,THAT: SECTION 1. The City Council of the City of Huntsville is committing the resources needed for the local matching requirement, which totals $2,340.00 in cash and in-kind services. SECTION 2. The City Council authorizes tree planting in the City's Kate Barr Ross Park - Soccer Field Area. SECTION 3. The City Manager is authorized to execute all documents with the Texas Forest Service relating to this Small Business Administration Tree Planting Grant,a copy of the approved application being attached hereto as Exhibit"A". PASSED AND APPROVED TI-IIS IITI-I DAY OF APRIL, 1995. THE CITY OF FILTNITSVILLE William B.6reen,Mayor AT ST: Danna Welter,City Secretary AP ROVED AS TO FORM: colt B unds,City Attorney Por Official Use Only c Grant No. Amount$ TEW FOREST SERVICE 1994 Small Business Administration National Tree Planting Program Grant Application General Information Please refer to the guidelines accompanying this application for instructional information. If you do not have access to the SBA National Tree Planting Challenge Grant guidelines,contact the Texas Forest Service, College Station,Texas 77843-2136 or call 409/845-2641 for a copy. This application must be completed,along with a 2-page project description and a site plan map. The entire application packet must be no more than four(4)pages and must be delivered to: SBA Program Administrator Texas Forest Service Forest Resource Development Department College Station,TX 77843-2136 Part I.—Project Information and Authorization Project title Landscaping - Soccer Field llrea Organization City of Huntsville Mailing address 1212 Avenue M City Huntsville (Pop: 27,995 ), TX ZIP 77340 Contact person Ray Black Telephone No. (409) 294-5721 Trees to be planted on land owned or controlled by City of Huntsville SBA funds requested$ 2.860 Percent of total 55 % Local match provided$ 2,340 Percent of total 45 % As a duly authorized representative of this organization making this grant application,I hereby certify that all the information provided herein is true and represents the desires of this organization. Gen i es ana er ame and rift of authorized representative .�Z Si ure of authorized epresentative Date ,C Vsr v a A cooperative program between the Texas Forest Service U.S.Small Business Administration 6.0 Texas Urban Forestry Council,Inc. TrxesuFa+R FoRFsrRr mur+ui Part H.—Cost Proposal -------------Dollars($)-------------- Federal Local Total Personnel 400.00 400.00 Fringe Benefits Travel Equipment Supplies inn nn nnn nn Contractual: 2,860.00 1,640.00 4.500.00 (trees,planting, consultants,etc.) Total 2.8fin_0 2 34n nn fi,2nn nn Cash contributed by applicant: 1,640.0 Note: If local contributions include in-kind services,please describe extent of service and by whom. City staff to extend sprinkler system to service tree plantings. Anticipated number of small businesses to be hired for planting , tree purchases if different 1 , other , total 1 (Do not include small businesses used for purchase of incidental supplies.) Number of street/park trees to be planted for this project 30 Number of trees that would be planted if M SBA funding is received -0- Part III.—Technical Proposal Each grant application must include a technical proposal of no more than two(2)typed pages. This narrative should address all the points listed below: 1) Objectives:clearly state the objectives of the project. 2) Site Description:describe the location where the project will take place. 3) Project Execution:describe work to be done;include number of trees,sizes,species,etc. 4) Maintenance Plan:describe care and maintenance of trees to be provided. 5) Cost Effectiveness:state how funds will be spent and in-kind donations. 6) Small Business Participation:state number of small businesses to be contracted. Part IV.—Forester Certification(Optional) I certify that this project as described and shown to me meets all TFS technical guidelines,or that an appropriate variance from the guidelines has been granted. Signature of TFS Forester Date RESOLUTION NO. A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S REPRESENTATIVE IN ALL MATTERS RELATED TO A SMALL BUSINESS ADMINISTRATION TREE PLANTING GRANT THROUGH THE TEXAS FOREST SERVICE, AND COMMITTING RESOURCES, AND AUTHORIZING TREE PLANTING ON THE SITE. Preamble WHEREAS, the City Council desires to participate in a program to plant trees on city property utilizing small businesses as much as possible; and WHEREAS, the City Council agrees to comply with all program rules as set out in the grant program guidelines; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUNTSVILLE, TEXAS THAT: 1. The City Council of the City of Huntsville is committing the resources needed for the local matching requirement, which totals $2,340.00 in cash and in-kind services. 2. The City Council authorizes tree planting in the city's Kate Barr Ross Park - Soccer Field Area. 3. The City Manager is authorized to execute all documents with the Texas Forest Service relating to this Small Business Administration Tree Planting Grant,a copy of the approved application being attached hereto as Exhibit A. PASSED AND APPROVED the day of , 1995 Mayor ATTEST: City Secretary APPROVED AS TO FROM: CITY COUNCIL APPROVED City Attorney —�1 �� MEMORANDUM April 6, 1995 TO: F. Boyd Wilder, Director of Public Work THRU: Johnny B. Poteete, Assistant Director Operational Services FROM: Ray Black, Parks Superintendent/V4,&`93 SUBJECT: Small Business Administration Grant Number 94-06-04 Texas Forest Service The city of Huntsville was awarded a grant for matching funds for the planting of trees at the Kate Barr Ross Park soccer field area. The attached resolution is required from the city council that endorses the project, committing the matching requirements,and authorizing the tree planting at Kate Barr Ross Park. The city's portion of $2340 is included in this year's budget. RB:tkt Attachment ,�J Federal Program Grant Number: 94-06-04 CFDA Number: 59.045 Grant Amount: $2,860 Period: 10-01-94 to 8-31-98 Local Match: $2,340 SBA National Tree Planting Program A Cooperative Program Between the Texas Forest Service and the U.S. Small Business Administration GRANT AGREEMENT This Grant Agreement is hereby entered into by and between the Texas Forest Service (TFS), a Member of The Texas A&M University System, and the City of Huntsville, located in Huntsville, Texas, hereafter referred to as 'Grantee.' Article 1. The purpose of this grant is to assist the Grantee with the purchase, planting, and care of 30 trees, of the sizes, species, and at the locations listed on the approved grant application. All funds must be used for this purpose and any modifications must be requested in writing and approved by the TFS. Grantee must raise the entire balance of funds necessary to complete the budget as proposed, from non-federal sources. Article 2. The $2,860 grant shall be paid on a reimbursement basis upon submission of approved cost records AND upon passing the field inspection by a TFS Forester. The amount paid will equal 55.0% of the approved project expenditures, not to exceed the full amount of the grant. The Grantee shall be responsible for a local match of at least $2,340, of which $1,640 will be cash and the remainder will be in-kind donations. Article 3. The Grantee shall only let contracts associated with this grant to firms with 100 or fewer employees. All grant funds must be used for payments to small businesses for trees, planting services, and other materials and services relating to the establishment and maintenance of trees planted through this grant. Article 4. All landscape and shade tree planting included in this grant must be completed between November 30, 1994 and April 30, 1995, and palm tree plantings must be installed between March 1, 1995 and August 31, 1995. These trees must be planted on lands owned or controlled by local or state governments, and according to the specifications of Exhibit A. Article 5. The Grantee is responsible for maintaining all trees planted through this grant for three full years following planting, as detailed in Exhibit A. The Grantee must replace any dead trees within the period of this Agreement if the number of live trees falls below 90°s of the original number planted and included in project cost reports. -2- Article 6. The Grantee must provide the TFS with an official resolution passed by its governing body that authorizes its representative to execute any agreements associated with this grant and commits the organization to the matching contribution as proposed in the grant application and listed above. Article 7. The Grantee must provide the TFS with a resolution or letter from the governing body of the entity that owns or controls the property where the trees are to be planted. This document must grant permission to the Grantee to install this planting and commit to providing reasonable protection for the trees. Article 8. The Grantee shall be responsible for providing proof of payment records for all purchases and in-kind contributions. These include source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract documents, and third party donations. Article 9. Applicable federal cost principles (attached OMs A-87 for governments or OMB A-122 for nonprofit groups), federal program regulations (attached Code of Federal Regulations for Business Credit and Assistance) and the Grantee's grant application will be followed in determining reasonableness, allowability and allocation of costs. Article 10. The Grantee agrees to comply with all applicable federal laws, as specified in the attached Assurances and Certification. Grantee's procurement procedures must conform to standards defined in attached Code of Federal Regulations for Business and Credit Assistance. Article 11. The Grantee shall submit a project performance and financial report (and a copy of the Federal Single Audit report, if required) within 60 days of project completion or by October 31, 1995, whichever comes first. Cost records must be retained for three years following conclusion of the project and after other pending matters are closed_ Article 12. The State Forester and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of subgrantee which are pertinent to the grant in order to make audits, examinations, excerpts, and transcripts. Article 13. If a Grantee materially fails to comply with any term of this award, as stated above, the TFS may temporarily withhold cash payments pending correction of the deficiency by Grantee, disallow all or part of the cost of the activity or action not in compliance, wholly or partly suspend or terminate the current award for the Grantee, withhold further awards for the program, demand repayment of the grant, or take other legally available remedies. -3- Article 14. Except as provided in Article 11, awards may be terminated in whole or part only as follows: a) By the TFS with the consent of the Grantee in which case the two parties shall agree upon the termination conditions and, in the case of partial termination, the portion to be terminated. b) By the Grantee upon written notification to the TFS, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. Article 15. The Grantee agrees to hold the Texas Forest Service (TFS) harmless from any injury to person or property occurring in connection with project operations by Grantee, its agents, or employees. Acceptance: We accept this grant subject to the terms and provisions stated above. Grantee: Si� a�tur�e� Titl organization 2' 'wf Date i Grantor: Bruce R. Miles State Forester Texas Forest Service Date SBA Tree Planting Program Grant Agreement--Exhibit A Specifications for Tree Planting Projects Logistical Requirements 1. There must be a site plan map that adequately describes the location of the trees in the project,along with existing features such as other trees,buildings,roads,and utility lines. The plan must conform to municipal or state highway safety codes,if applicable,and sites on state highway rights-of-way must meet TxDOT maintenance requirements. Note:accurate site plans must be submitted to the inspecting TFS forester at the time of planting before any grant payments will be made. 2. If the trees are to be planted on city,county,or state property,the applicant must provide a resolution from the landowner's governing body endorsing the project. 3. Design features not eligible for cost sharing are listed below. These items may be included in the project design,but their design and installation cost may not count towards the applicant's local match contribution. a) Shrubs,turf,,and complimentary ground cover. b) Flag poles or pennant poles;statues or other art work;fountains or other water features;lights and benches;jogging,bicycle,or walking paths;and trash receptacles. 4. Only irrigation systems designed to provide water to individual planted trees are eligible for cost sharing. Lawn sprinkler systems do not qualify for this program. 5. Trees must be maintained for three years following planting. Any tree mortality that brings the number of trees below 90%of the number originally planted must be replaced, although this cost may be applied to the applicant's local match contribution. No grant funds may be used to purchase replacement trees. Tree Planting&Maintenance Specifications Plant Material Selection 1. Refer to the approved species list contained in the application guide(Trees Recommended for Texas). Only tree species for your urban forestry region should be included in your grant proposal. Exceptions to this list will be considered on a case-by-case basis by the TFS Forester and approved in writing. Page 1 SBA Tree Planting Program Grant Agreement—Exhibit A Tree Planting Specifications 2. The minimum trunk size is 1'/4"caliper for shade and ornamental trees and 8 feet in trunk height for palms. 3. Trees from city tree nurseries are allowed under the program,as long as they meet the minimum specifications outlined below. 4. Balled-and-burlapped(B&B)and container-grown trees will conform to standards set out in Section 16 of the Forestry Handbook,2nd Edition,and stated below: Tree Trunk Minimum Ball Minimum Volume Size Diameter for for Container- or Caliper B&B Trees Grown Trees V/1. 16 inches 15 gallon 1%i' 16 inches 15 gallon 13/4" 18 inches 30 gallon 2" 20 inches 30 gallon 2%i' 22 inches 45 gallon 3" 24 inches 65 gallon 3'/2" 28 inches 65 gallon 4" 32 inches 90 gallon 4%' 38 inches 90 gallon Planting Site Selection 1. No tree which will attain a mature trunk diameter greater than 12 inches should be planted in a tree lawn less than 4 feet wide. 2.' Street trees should not be planted within 30 feet of an intersection or within 15 feet of driveways,alleys,utility poles,or fire hydrants. In addition,no tree should be planted where it will obscure traffic safety signs or signals. 3. Only trees with a mature height less than 30 feet(small trees)may be planted directly under utility lines. Trees with mature heights greater than 30 feet must be planted a minimum of 15 feet from the outside edge of the last energized line. 4. The following table summarizes the minimum spacing and soil area requirements for trees planted through this program. Tree size refers to mature height as listed in the "Trees Recommended for Texas"regional species lists contained in the application guide. Group plantings will be limited to five or fewer trees per group. Page 2 SBA Tree Planting Program Grant Agreement--Exhibit A Tree Planting Specifications Tree'Size Minimum Ivfimmum Soil Overhead Tree Lawn f or Type'. ype "Spacing x AreaPer,Tree ,Utihtres� LARGE 35'in rows; (>60'tall) 20'in groups 160 ft.'- N N .................................. ......... MEDIUM 35'in rows; 140 ftz (30'-60'tall) € € 20'in groups N € N ............................................ PALMS 20'in rows; € Z 80 ft. 10'in groups N N .......................................... ........ SMALL 15'in rows; (<30'tall) 10'in groups 60 fr.' Y Y Planting Season 0 Shade and ornamental trees may be planted November 1,1994,through April 30,1995. Palms may be planted from March 1,1995 through August 31,1995. Method of Planting 1. All trees should bemoved balled-and-burlapped or container-grown. Balled-and- burlapped trees and trees moved with tree spades should be planted as soon as possible after digging. If trees must be stored,root balls must be kept moist and protected from the elements. 2. Containerized planting stock should be inspected prior to planting. Any roots that encircle the root ball and might strangle the tree once planted should be removed. 3. Trees should be planted no deeper than previously grown. Planting holes should be twice the diameter of the root ball. 4. Only the soil removed from the planting hole may be used as backfill,unless some other mixture is specifically approved in advance by the TFS Forester. After Planting Care 1. Trees should be watered thoroughly after planting. Earthen tree wells should be constructed to facilitate water collection and retention. Soil other than that dug from the planting hole may be used when constructing these berms. 2. Only a slow-release nitrogen fertilizer treatment is authorized at the time of planting. The TFS Forester may authorize other fertilizer treatments based on a soil analysis,which is the preferred recommendation. Page 3 SBA Tree Planting Program Grant Agreement--Exhibit A Tree Planting Specifications 3. A layer of mulch 3 to 4 inches deep is required at the time of planting. Mulch may be either bark granules or chunks,wood chips,or composted leaves. Other materials may be approved by the TFS Forester. 4. The lower trunk of thin-barked trees exposed to the sun should be protected with a waterproof wrapping material to prevent sun scald. This material should be removed after the first growing season. 5. Corrective pruning at transplanting consists ofremoval of dead or injured branches and water sprouts. No other pruning is permitted at planting unless approved by the TFS forester. 6. Trees must be staked at the time of planting using a two or three-point support system. Any staking mechanism should be flexible enough to allow the stem and root system to develop strength. If used,metal guy wires must not touch the tree directly! Instead, attach the tree to either wood or metal stakes(2"X 2"X 6)with wide plastic or nylon straps. Duckbill®earth anchors,or similar products with protective tree collars,may also be used. Stakes must not be driven through the root ball and must be removed the second year. Regular Maintenance 1. Ample soil moisture must be maintained throughout the first and second growing season. This can be determined by feeling the upper layer of the soil for moisture. Supplement rainfall as necessary,usually one to two times per week for hand-watering. Irrigation systems should provide for individual tree emitters and systems should be checked regularly to make sure they are working properly. Watering can be skipped if natural rainfall totals I inch or more since the last scheduled watering. Do not overwater! 2. Mulches must be renewed regularly in order to maintain a depth of 3-4"and a radius of24-36"from the trunk of each tree for the three year maintenance period. Proper mulching helps retain water,moderates soil temperature,and can reduce the need for weed control. 3. Tree wells must be kept weed free for the three year maintenance period. This can be accomplished by pulling weeds on a monthly basis or by using a contact herbicide like Glyphosate(Roundup®)according to the label instructions at least twice during the growing season. Prior to spraying herbicides,remove all sprouts on the tree at ground level and be sure that no herbicide comes into contact with the tree's leaf surface. Mechanical weedeaters and soil-active herbicides may not be used! 4. Established plant materials require a balanced fertilizer for foliage growth at the beginning of each growing season. Page 4 ASSURANCES AND CERTIFICATIONS The applicant hereby assures and certifies that he/she will comply with the regulations,policies, guidelines,and requirements including 13 C.F.R.Part 143;OMB Circulars A-73,A-87,A-88, A-110,(or any regulations which are later promulgated to supplement or replace it),and A-130, as appropriate and as they relate to the application,acceptance and use of Federal funds for this federally assisted project. Also the applicant assures and certifies with respect to the grant/cooperative agreement that: 1. It possesses legal authority to apply for the grant;that a resolution,motion or similar action has been duly adopted or passed as an official act of the applicant's governing body,authorizing the filing of the application,including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964(P.L.88-352)and in accordance with Title VI of the Act no person in the United States shall,on the grounds of race,color,or national origin,be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) prohibiting employment discrimination where(1)the primary purpose of a grant is to provide employment or(2)discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant-aided activity. 4. It will comply with requirements of the provision of the Uniform Relocation i Assistance and Real Property Acquisitions Act of 1970(P.L.91-646)which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 5. If it is a State of local governmental entity,that those of its employees whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency will comply with the relevant provisions of the Hatch Act. See U.S.C. Sections 1501-1503. 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. t 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for a private gain for themselves, or others,particularly those with whom they have family, business,or other ties. g. It will give the grantor agency or the Comptroller General through any authorized representative the access to and the right to examine all records,books,papers,or documents related to the grant. 9. It will comply with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with Office of Management and Budget Circular A-110 (and any regulations which are later promulgated to supplement or replace it.) C.F.R.Part 143 as appropriate. 10. This application does not propose any activities that would involve human beings who might be considered subjects,human material,or personal data from primary or secondary sources. 11. This is to hereby certify that this project does not have an effect on the environment such as on the following areas: natural resources,pollution,populations,and any adverse effect through the delivery of services. 12. This is to hereby acknowledge that the U.S.Small Business Administration has a royalty-free, nonexclusive and irrevocable license the reproduce, publish, or otherwise use,and to authorize others to use any copyrighted materials and reports which shall have been developed under this grant. The recipient also,hereby agrees to notify and provide three copies of any copyrighted materials developed under this grant to the Small Business Administration. 13. This hereby certifies that applicant possesses adequate grant management capabilities as required by OMB circulars and SBA Federal Assistance Administration Regulations and Guidelines in all of the following areas: fiscal administration, facilities management,management information,personnel,planning and budget, procurement and property management. 14. This hereby certifies that applicant meets the standards for fund control and accountability as prescribed in 13 C.F.R.Part 143 or OMB Circular A-110(or any regulations which are later promulgated to supplement or replace it)as appropriate in accordance with the legal status of the applicant's organizational status and has established or can demonstrate the willingness and ability to establish procedures that will minimize the time elapsing between the transfer of funds from the Treasury and their disbursement by the grantee if advance payment procedures are used. 2 15. It will ensure that the facilities under its ownership,lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 16. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234,87 stat.975,approved December 31, 1976. Section 102(a)requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 17. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 U.S.C.470),Executive Order 11593,and the Archeological and Historic Preservation Act of 1966(16 U.S.C.469a-1 et seq.)by(a)consulting with the State Historic Preservation Officer on the conduct of investigations,as necessary,to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse bffects(see 36 CFR Part 800.8)by the activity,and notifying the Federal grantor agency of the existence of any such properties,and by(b)complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 18. It will comply with the requirements which provide that no person it the United States shall,on the basis of sex,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any activity receiving Federal financial assistance. 19. It will comply with P.L.93-112 and P.L.93-516 which provide that no otherwise qualified handicapped individual in the United States shall,solely by reason of his handicap, be excluded from participation in, bee denied the benefits of, or be subjected to discrimination under any activity receiving Federal financial assistance. 20. It will comply with P.L.94-135 which provides that no person in the United States shall,on the basis of age,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any activity receiving Federal financial assistance. 3 21. Certification regarding debarment, suspension, and other responsibility matters: primary covered transactions. Appendix A - Certification Regarding Debarment Suspension and Other Responsibility Matters-Primary Covered Transactions Instructions for Certification 1. By signing and submitting this proposal,the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set our below. The certification or explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However,failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Govemment,the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction," "participant," "person," "primary covered transaction,""principal,""proposal,"and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 4 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decided the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions,if a participant in a covered transaction with a person that has been suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment Suspension and Other Responsibility Matters-Primary Covered Transactions (I)The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: (a) are not presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; 5 (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and (d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,State or local)terminated for cause or default. (2)Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an ,explanation to this proposal. Appendix B Certification Regarding Debarment Suspension Ineligibility and Volunfaa Exclusion-Lower Tier Covered Transactions Instruction for Certification 1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 6 4. The terms"covered transaction,""debarred,""suspended,""ineligible,"'lower tier covered transaction," "participant," "person," "primary covered transaction," "principal,""proposal,"and'voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participation further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended, ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by the clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended,debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may purse available remedies,including suspension and/or debarment. 7 Certification Regarding Debarment,Suspension.Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions (1) The prospective lower tier participant certifies,by submission of this proposal, that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Appendix C-Certification Regarding Compliance With Section 5153 of the Drug-Free Workplace Act of 1988.Public Law 100-690,Title V,Subtitle D By signing and submitting this proposal the applicant is providing the certification set out below. 1. The applicant hereby certifies that it will provide a drug-free workplace by-- (A) publishing a statement notifying employees that the unlawful manufacture, digtribution, dispensing, possession, or use of a controlled substance is prohibited in the applicant's workplace and specifying the actions that will be taken against employee for violations of such prohibition; (B) establishing a drug-free awareness program to inform employees about-- (i) the dangers of drug abuse in the workplace; (ii)the grantee's policy of maintaining a drug-free workplace; (iii) any available drug counseling, rehabilitation, and employee assistance programs;and (iv) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (C) making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by subparagraph(A); (D) notifying the employee in the statement required by subparagraph(A),that as a condition of employment is such grant,the employee will-- (i) abide by the terms of the statement;and (ii)notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction; 8 (E) notifying the granting agency within 10 days after receiving notice of a conviction under subparagraph (D)(ii) from an employee or otherwise receiving actual notice of such conviction; (F) taking one of the following actions,within 30 days of receiving notice under subparagraph(d)(2),with respect to any employee who is so convicted-- (i) taking appropriate personnel action against such an employee,up to and including termination;or (ii)requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) making a good faith effort to continue to maintain a drug.-free workplace through implementation of subparagraphs(A),(B),(C),(E),(F),and(G). The grantee shall insert M' the space provided below the site(s)for the performance of work done in connection with the specific grant; Place of Performance(Street Address,City,County,State and zip code) 2. The applicant hereby certifies that,as a condition of this grant,he/she will not engage in the unlawful manufacture,distribution,dispensing,possession,or use of controlled substance in conduction any activity with such grant. Appendix D-Certification Regarding Lobbying Certification for Contracts,Grants,Loans,and Cooperative Agreements The undersigned certifies,to the best of his/her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned;to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,and officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of and Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 9 (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing of attempting to influence an officer of employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-111, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents of all subawards at all tiers(including subcontracts, subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The applicant also certifies that the information in these assurances and certifications in support of this application is correct to the best of his/her knowledge and belief and the filing of this application has beep duly authorized. City of Huntsville (Legal Name of Applicant) 1212 Avenue M, Huntsville, Texas 77340 (Addres (Sign re of Authoriz,d Officer) (Date of Application) 10 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 95-05 HONOR BETTY TACKETT RETIREMENT 4-25-95 RESOLUTION NO.95-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,HONORING THE RETIREMENT OF DISTRICT CLERK BETTY TACKETT. WHEREAS The City of Huntsville has been well served by a number of loyal,diligent and hard working employees through out its history;and WHEREAS The City has "graduated" a number of employees to positions in other governmental agencies where they have distinguished themselves and the City, with their stature and accomplishments;and WHEREAS The alumni of the City have ranged far and wide, both geographically and professionally,a few have just moved over to the Walker County Courthouse,and continued their calling;and WHEREAS The Honorable Betty Tackett,Clerk of the District Court is a preeminent example of a former City employee,Municipal Court Clerk,who took her experience with our organization to the next level with professionalism,dignity,and aplomb. NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas,that: Betty Tackett be recognized and commended for her many years of distinguished public service to her City and County upon her retirement. Duly passed and signed this the 25th day of April, 1995,by the hand and seal of the Mayor of the City of Huntsville,Texas. THE CITY OF HUNTSVILLE William B.Green,Mayor ATI ST: Danna Welter,City Secretary APPtvE S TO FORM: Scott Bou ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 95-06 HUNTS.NUN.AIRPORT IMPROVEMENTS 7-11-95 RESOLUTION NO. �'U A RESOLUTION OF THE CITY OF HUNTSVILLE,TEXAS, AUTHORIZING ITS CITY MANAGER OR MAYOR TO EXECUTE CONTRACTS FOR THE IMPROVEMENT OF THE HUNTSVILLE MUNICIPAL AIRPORT WHEREAS the City of Huntsville intends to make certain improvements to the Huntsville Municipal Airport described in Exhibit"A" attached hereto; and WHEREAS the City of Huntsville intends to request financial assistance from the Texas Department of Transportation for these improvements;and WHEREAS the City of Huntsville intends to name the Texas Department of Transportation as its agent for the purposes of applying for, receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements; NOW THEREFORE,BE IT RESOLVED,that SECTION 1: The City of Huntsville hereby directs its City Manager or Mayor to execute on behalf of the City of Huntsville,at the appropriate time,and with the appropriate authorizations of this governing body,all contracts and agreements with the State of Texas,represented by the Texas Department of Transportation,and such other parties as shall be necessary and appropriate for the implementation of the improvements to the Huntsville Municipal Airport. SECTION 2: This resolution shall take effect immediately. APPROVED AND ADOPTED THIS 11TH DAY OF JULY, 1995. THE /CITY OF HUNNTJ!/c1.7ILLE William B. Green, Mayor ATTEST: Danna Welter,City Secretary APP 01V ED Scott Bounds, City Attorney i SCOPE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM-1996-2000 Texas Department of Transportation-Aviation Division Locations,Based Aircraft,Projects,and Costs June 9, 1995 Project Costs City and Airport Based Aircraft Project Description Total Federal State Local Huntsville 33 Acquire land for RW 18 approach(33 ac.) 83,000 0 74,700 8,300 Rehab RW 18-36(5000xI00)Slurry Seal $164,000 $0 $147,600 $16,400 Huntsville Municipal Stripe and mark RW 18-36(37700 sf)FAA Specs 35,000 0 31,500 3,500 Rehab and mark parallel TW to RW 18-36(6000x40) 85,000 0 76,500 8,500 Rehab hangar access TW(1000 sy) 27,000 0 24,300 2,700 v\ Improve drainage along TW and RW 65,000 0 58,500 6,500 Clear and grub trees in safety area(2.2 ac) 15,000 0 13,500 1,500 Install erosion/sedimentation controls 15,000 0 13,500 1,500 Repair and rehab apron(20,000 sy) 76,000 0 68,400 7,600 Site preparation for apron expansion 85,000 0 76,500 8,500 Expand apron(200000) 220,000 0 198,000 22,000 $870,000 $0 $783,000 $87,000 /\ City of Huntsville ''TO BUILD AND SERVE A BETTER COMMUNITY" HUNTSVILLE,TEXAS 77340 1212 AVE.M (409)295-6471 July 12, 1995 Mr. David S. Fulton, Director Aviation Division Texas Department of Transportation P. O. Box 12607 Austin,TX 78711 Dear Mr. Fulton: The City of Huntsville, Texas, by this letter and accompanying resolution indicates its intent to pursue financial assistance from the Texas Department of Transportation for the improvements to the Huntsville Municipal Airport described in the attachment to this letter. The cost of these improvements is presently estimated to be about$870,000.00. The City of Huntsville understands that financial assistance may be available for 90 percent of the eligible costs. The remaining share of eligible costs and any ineligible costs shall be the responsibility of the City. The City further understands that its full share of the estimated design costs shall be due in cash upon Texas Department of Transportation written request, or within 30 days of complete execution of the Airport Project Participation Agreement. The City of Huntsville further understands that remaining balance of the estimated project costs shall be due in cash upon Texas Department of Transportation written request prior to construction. The City of Huntsville also indicates its intent to enter into an Airport Project Participation Agreement with The Texas Department of Transportation, naming the Texas Department of Transportation as its agent for the purposes of receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements. Mr. David S. Fulton, Director July 12, 1995 Page 2 The City of Huntsville has reviewed the text of the Texas Department of Transportation's standard "Airport Project Participation Agreement," and has found the terms and conditions of the Agreement to be acceptable. Sincerely, William B. Green Mayor WBG/dw Attachment cc: Gene Pipes, City Manager Glenn Isbell, City Engineer RL•CORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 95-07 A RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Huntsville, Texas (the "Issuer") intends to issue debt for the purpose of constructing improvements and extensions to the City's combined Waterworks and Sewer System, including sewer collection and treatment facilities (the "Project") and further intends to make certain capital expenditures for the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. § 1.150-2 (the "Regulation") , to fund such reimbursement with proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $16,000,000. PASSED AND ADOPTED this October 3, 1995. CITY OFHUNTSVILLE TEXAS Mayor, William B. Green ATTES T.C44 City Secretary , Danna Welter 0279127 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: TtSnui-.t-,7 m—G2 R E S O L U T I O N 95-05 WHEREAS, the City Council of the City of Huntsville , Texas, recognizes the need for the various cities that are being served by the same utilities to share information and concepts concerning the regulation of the rates and rules of such public utilities. The City Council further deems it advisable to join in the formation of a coalition of cities and counties in utility matters and to that end deems it to be in the best interest of the citizens of the City of Huntsville to become a member of a nonprofit organization known as the Coalition of Cities and Counties, Inc. The purpose of which is to organize the units of local government in matters relating to the regulation of rates and services of public utilities serving the constituents of the various members of the coalition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE , TEXAS: That the City of Huntsville be, and it is hereby authorized to become a member of the Coalition of Cities and Counties, Inc. and to pay the dues necessary to maintain its membership therein and hereby appoints Gene Pipes as its representative to represent the City of Huntsville in such organization. IT IS FURTHER RESOLVED that nothing herein shall be construed as limitations upon the City of Huntsville 's regulatory powers or its duties and it is not delegating its power to regulate 1 to any organization and reserves all of its powers and utility matters to the City Council of the City of Huntsville PASSED BY Unanimous vote of the City Council of the City of Huntsville Texas, this 3rd day of October THE CITY OF, Huntsville TE BY: MAYOR i liam B. Green r ATTES C1/ Danna Welter , CITY SECRETARY APPRO D AS TO FORM: Scott Bou ds CITY ATTORNEY I I 2 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILL: I Y��n'l�rLt✓e s �t�GC y,�r��Shc l��`l. h��c-�r�' )C-o7N`i1 RESOLUTION NO.95-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,SUBMITTING NOMINEES FORTHE BOARD OF DIRECTORS OF THE WALKER COUNTY APPRAISAL DISTRICT. WHEREAS Section 6.03 of the Texas Tax Code provides for the nomination and election of a Board of Directors for Appraisal District;and NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas,that: SECTION 1: The City of Huntsville,Texas,a taxing unit,nominates the following for positions on the Board of Directors of the Walker County Appraisal District. Fred Cherry Jerry Larrison Ralph Lawson Sue Martin J.S.Robinson Joyce Robinson Willie Williams SECTION 2: These nominations are authorized by this resolution of City Council as adopted on this the 24th day of October,1995. THE CITY OF HUNTTSSVILL'E William B.Green,Mayor ATTEST: Danna Welter,City Secretary APED: r Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: -q S,A ,r)-tL 7,q- -09 1U-09 �� RESOLUTION NO.945 AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS-CITY OF HUNTSVILLE WATER TREATMENT FACILITIES,WATER TRANSMISSION AND CLEAR WELL STORAGE FACILITIES AMENDATORY CONTRACT,AND PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: SECTION I That,for and on behalf of the City of Huntsville,the Mayor of the City of Huntsville is hereby authorized and directed to sign,deliver,and otherwise execute,and the City Secretary of the City of Huntsville is hereby authorized and directed to sign,attest,and seal,the Trinity River Authority of Texas-City of Huntsville Water Treatment Facilities,Water Transmission and Clear Well Storage Facilities Amendatory Contract(the"Amendatory Contract")in substantially the form and substance attached to this Resolution and made a part hereof for all purposes. SECTION 2 That,upon its execution by the parties thereto,the Amendatory Contract shall be binding upon the City of Huntsville in accordance with its terms and provisions. SECTION 3 That this Resolution shall be effective immediately from and after its adoption, and all ordinances and resolutions ofthe City of Huntsville in conflict herewith are hereby amended to the extent of such conflict,and any contracts or agreements authorized thereby are hereby amended to the extent of such conflict. RE LUTIONCONTRACT AT CHED T TO APP R VED: City Atto'me RL-CORDS SERIES TITLE: Ordinances,Orders,Resolutions SCI-1E1)ULE NO.: 1000-05 CONTENTS OF PILE: 1/ct��%�raisa.I 1�is+.�3c�t.vd RESOLUTION NO.95-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,DETERMINING THE VOTE OF THE CITY COUNCIL FOR CANDIDATE(S)TO THE BOARD OF DIRECTORS OF THE WALKER COUNTY APPRAISAL DISTRICT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Section 6.03 of the Texas Tax Code provides for the nomination and election of a Board of Directors for Appraisal District;and WHEREAS The governing body of each taxing unit entitled to vote shall determine its vote by resolution and submit it to the Chief Appraiser of the Appraisal District before November 24;and WHEREAS The governing body may cast all its votes for one candidate or distribute them among candidates for any number of directorships;and WHEREAS A copy of the official ballot is attached hereto;and WHEREAS In 1995,the City of Huntsville has 789 votes; NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas,that: SECTION 1: The City Council of the City of Huntsville,Texas,hereby casts its votes for the Walker County Appraisal District Board of Directors as follows: SueMartin .....................................................789 SECTION 2: The Mayor is hereby authorized and directed to execute the official ballot of the City and to deliver its votes to the Chief Appraiser before November 24,1995. SECTION 3: This resolution shall take effect immediately upon passage by City Council. Passed and approved this 7th day of November,1995. THE CIITTY OF HUNTSVILLE William B.Green,Mayor ATTEST: Danna Welter,City Secretary APPROVED AS TO FORM: a— Scott Bounds,City Attorney Walker County Appraisal District JURISDICTIONS: APPRAISAL DISTRICT BOARD City of Humaville CHAIRMAN Chy d New%vedy Ralph Lawson Cityof Riverside VICE CHAIRMAN P.O.BOX 1798(1819 SYCAMORE) Elkin,lake M.U.D. Fred Cherry HUNTSVILLE.TEXAS 77342-1798 Hurawift I.S.D. SECRETARY 4091295-0402 New Waverly I.S.D. Richards I.S.D. J.S.Robinson Walker County Walker Co.Hospital District Jerry Lamson Walker Co.Fire Diarict#I Sue Manin Walker Co.Fire District#2 Joyce Robinson Willie Williams CHIEF APPRAISER Grover A.Cook DATE: October 26, 1995 TO: Voting Jurisdictions of Walker County FROM: Walker County Appraisal District SUBJECT: Official Ballot to Select CAD Board of Directors for 1996-98 Enclosed is the official ballot listing of the nominees to be voted on for the CAD Board of Directors for 1996-98. Each voting jurisdiction is to vote on the nominees for seven seats in an open meeting and submit a written resolution to our office by November 24, 1995. Please place this item on a meeting agenda prior to that date in order for the resolution to reach our office by the stated deadline (November 24, 1995). If you have any questions please let us know. CITY COUNCIL APPROVED --7D, 11-7-'15-Z-- TD,-7 -7 Walker County i - Appraisal District APPRAISAL DISTRICT BOARD — JURISDICTIONS: CHAIRMAN City of Huntwillc Ralph laws.. City of New Waverly VICE.CHAIRMAN Cllr of Riverside Fred Cherry P.O.BOX 1798 SYCAMORE) Elkins Late M.U.D. HUNTS V ILLE.TEXAS 77342-1798 Humzrille I.S.D. SECRETARY 409/295-0402 New Waverly I.S.D. J.S.Robinson Richards I.S.D. Walker Coualy Jerry Lamson Walker Co.HmpicA District Sue Mania Walk,Co.Fue Dkitict#1 Joyce Robinson Walker Co.Fite Dislricl#2 wniewillianto CHIEF APPRAISER Grover A.Cook OFFICIAL BALLOTT In compliance with the State Property Tax Code, Section 6.03, candidates to fill the seven seats on the Walker County Appraisal District Board for the 1996-98 term are to be voted on from the following list of nominees: CANDIDATES VOTES CAST *Fred Cherry *Jerry Larrison *Ralph Lawson *Sue Martin Don Moore Frank Robinson *J.S. Robinson *Joyce Robinson *Willie Williams *Denotes Incumbent Jurisdiction Presiding Officer ATTEST: DATE Voting Entitlement Walker County Appraisal District Board Election 1996-98 Election VOTING UNITS LEVY PERCENTAGE X 1000 X 7 = VOTES Huntsville I.S.D. 10,282,754 56.11 X 1000 X 7 = 3,928 city of Huntsville 2,065,731 11.27 X 1000 X 7 = 789 City of Riverside 20,999 .12 X 1000 X 7 = 8 City of New Waverly 48,473 .27 X 1000 X 7 = 19 New Waverly I.S.D. 971,849 5.30 X 1000 X 7 = 371 Richards I.S.D. 125,835 .68 X 1000 X 7 = 48 Walker County 4,810.172 26.25 X 1000 X 7 = 1.837 Total 18,325,813 100% X 1000 X 7 = 7,000 NOTE: The above number of votes for your jurisdiction may be divided among all seven candidates. 7 RECORDS SERIFS TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: Ig• CTF u-nnw vd iCles Iz- 12-96 RESOLUTION NO.95-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES;AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS Tex.Rev.Civ.Stat.art.6701 m-2 generally requires all city owned vehicles to be clearly marked; and WHEREAS state law permits the governing body of a city to designate motor vehicles used by the police for purpose of performing official duties to be unmarked;and WHEREAS the State Department of Highways and Public Transportation requires that the designation of unmarked motor vehicles be made by resolution describing the motor vehicle; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: Section 1: The following vehicles used by the police department of the City of Huntsville,Texas,for the purpose of performing official city police duties are hereby designated as unmarked vehicles: Year Make Serial Number 1985 Ford IFABP3933FAI17356 1987 Ford 2FABP72GIHX176355 1986 Dodge IB3BD26D8GC199506 Section 2: Lt.Mark Pemberton of the Police Department is hereby authorized and directed to execute any and all forms necessary to receive license plates for these vehicles that do not indicate the vehicles are owned by a government agency. Section 3: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this 12th day of December,1995. THE CITY OF HUNTSVILLE CJJA4I&X� William B.Green,Mayor A EST: Danna/ elter,City Secretary APP4sCitv FO Scoonorney FOR DEPT.USE ONLY DATE 'COUNTY ISSUED Year Make of BodyPresent Lic.No. Equip.No. Model Vehicle Style Motor Vehicle Identification No. if any Year Lic.No. 85 Ford 4dr 1FABP3933FAII7356 95 580JZY 51-480 86 ode 4dr 1B3BD26D8GC199506 95 LHY41N 51-535 87 Ford 4dr 2FABP72GIHX176355 95 FVSO4H 51-655 Vehicle(s)shown above will be operated by Huntsville Police Dept. Crim al Iny-,_nj-j aiDjj NameofE-pt Agency Department All A s lisle Above be used exclusively by this agency to maintain public safety and welfare. ,µcm Lieutenant 1220 11thStreet Huntsville ,Texas 77340 Signature o t Author i,ed Agent Title #O Mailing Address City Zip Code Form D12-119(back) RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 94-1 Grant Application-Gang Activity 01-18-94 C' I (rule RESOLUTION NO.94-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR PURPOSES OF FUNDING A POLICE OFFICER TO ADMINISTER TO A GROWING PROBLEM CONCERNING GANGS AND THEIR ACTIVITY WITHIN THE CITY. WHEREAS intelligence information received by the Huntsville Police Department indicates no fewer five gangs are currently active within the City;and WHEREAS reports indicate these gangs are organized and use the sale of illicit drugs as a primary source of income for funding gang related activities;and WHEREAS existing gangs are in direct competition with each other which has led to violent assaults and the carrying of weapons by gang members; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: SECTION 1: That a grant application for the funding of a Police Officer is authorized to be filed on behalf of the City with the Criminal Justice Division of the Governor's Office. SECTION 2: That the application be for$16,637 of grant funds,and$11,092 matching funds, for the funding of a Police Officer for purposes of identification,processing,and incarceration of those offenders associated with gang related activity. SECTION 3: That the City Council directs and designates the City Manager as the Chief Executive Officer and Authorized Representative to act in all matters in connection with this application. SECTION 4: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this the 18th day of January,1994. THE CITY OF HUNTSVILLE ATT ST: W.H.Hodges,Mayor Danna Welter,City Secretary APP ED ' TO F Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 94-2 Grant Application-Two Police Officers 01-18-94 c� RESOLUTION NO.94-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR PURPOSES OF FUNDING FOR TWO POLICE OFFICERS TO ADMINISTER TO A GROWING PROBLEM CONCERNING STREET DRUG AND VIOLENT CRIME ACTIVITY WITHIN THE CITY. WHEREAS information and reports received by the Huntsville Police Department indicates an increasing street drug and narcotic problem within certain areas of the community; and WHEREAS street drug activity is contributing greatly to increased violent criminal activity including homicides;and WHEREAS a need exists for closer interaction between police officers and residents of these areas of the community in order to eradicate the drug activity and establish a safer neighborhood environment; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: SECTION 1: That a grant application for the funding of two Police Officers is authorized to be filed on behalf of the City with the Criminal Justice Division of the Governor's Office. SECTION 2: That the application be for$58,093 of grant funds,and$2,670 matching funds, for the funding of two Police Officers for purposes of identification,interdiction, and incarceration of those offenders associated with street drug and violent crime related activity. SECTION 3: That the City Council directs and designates the City Manager as the Chief Executive Officer and Authorized Representative to act in all matters in connection with this application. SECTION 4: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this the 18th day of January,1994. THE CITY OF HUNTSVILLE ATT ST: W.H.Hodges,Mayor Danna Welter,City Secretary AP,�O/V/ED S TO FORM: Fwd � Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 94-03 HGAC Designation-Dan Davis 02-08-94 RESOLUTION 94-03 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY AND BOARD OF DIRECTORS BE IT RESOLVED,by the City Council of Huntsville,Texas that the following be,and they are hereby, designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 1994: REPRESENTATIVE Dan Davi, ALTERNATE Jim Carter FURTHER THAT,they are hereby,designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 1994. THAT, the Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED,this the 8th day of February 1994. APPROVED: Mayor ATTEST: Post-it'"brand fax transmittal memo 7671 Not pages To •1 �. 'V+1lll 1 f'�1i7 �C:NI tci II Co.H,G,1TL^ Dept. Fax W.T,3 r� FYazN:�...� 2,'! HoustonGalveston Area Council Office of the Executive Director PO Box 22777•3555 Timmons•Houston,Texas 77227-2777•7131627-3200 January 4, 1994 Hon.Bill Hodges Mayor,City of Huntsville 1212 Avenue M Huntsville,TX 77340 DeaZjeKedg�s: I am writing regarding designation of your city's representatives to H-GAC's 1994 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (1990) to select one member of its governing body as its representative and one member of its governing body as an alternate to the Houston-Galveston Area Council General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 1994 designated representatives begin their terms of office at the Annual Meeting in late January. If more infurma iuu concerning Gcnerai Assembly and Board of Diiectors membership would be useful,please contact me or Cynthia Marquez of the staff. Thanks for your help in selecting H-GAC's 1994 General Assembly and Board of Directors. Sincerely, Jack Steele JS:jp Enclosure xc: City Secretary RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 94-4 Grant Application-Narcotics Task Force 02-22-94 �r RESOLUTION NO.94-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING APPLICATION FOR A CRIMINAL JUSTICE DIVISION GRANT;AUTHORIZING EXECUTION OF GRANT AGREEMENT;MAKING VARIOUS PROVISIONS RELATED THERETO. WHEREAS The City of Huntsville has joined with the Counties of Walker,Madison and San Jacinto in submitting a grant request to renew the Central East Texas Narcotics Task Force from the Criminal Justice Division of the Office of the Governor;and WHEREAS The proposal has been recommended for funding by the Criminal Justice Division. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that the City supports the Central East Texas Narcotics Task Force and approves the application by Walker County for the grant from the Criminal Justice Division for the grant period beginning June 1,1994,and ending May 31,1995,and that: SECTION 1: It be understood that 25%of the total funds requested be met by the participating governmental entities. SECTION 2: This resolution shall take effect immediately after the passage by City Council. INTRODUCED,READ AND PASSED this the 22nd day of February,1994. THE CITY OF HUNTSVILLE ATTEST: W.H.Hodges,Mayor Danna Welter,City Secretary APP OVED A TO FORM: S Bo s,City Attorney CENTRAL EAST TEXAS NARCOTICS TASK FORCE Monthly Report JANUARY, 1994 YEAR YEAR TOTAL TO TO FOR DATE DATE CASES: CITY W M Si OTHER MONTH 1993 1992 OPENED 15 6 12 1 6 40 140 37 DEFENDANTS 10 10 16 1 6 43 43 25 .ARRESTS 3 7 0 0 0 � 10 10 8 CHARGES 1 0 10 0 0 1 1 I C FILED j NARCOTICS SEIZED: MARIHUANA LB.I 0 106 0 0 0 1 106 105 1.5 OZ. O I 1/3 COCAINE GR. 18.3 1138 2.7. .2 0 145 1145 I s•a 1PRESCRIPTT_ON o I 0 -� ' ,I c i 0 -0- DRUGS D.U. 'METH. GR. 10 I C 0 0 0 li 0 I G �. ILSD D.U. i o oI o l o o j c ,-� i ECSTACY D.U. I 0 1 0 10 1 0 I 0 G 0 -°- i i 1 PAGE 1 OF 2 PRESENTED TO COUNCIL CENTRAL EAST TEXAS NARCOTICS TASK FORCE MONTHLY REPORT (CONT.) JANUARY, 1994 SEIZURES FORFEITURES 1990 $216,429.26 $186,163.50 1991 $ 81,476.81 $ 38,086.30 1992 $39,097.88 $ 90,470.86 1993 $105.538.80 $ 27,72 59 1994 JANUARY $ 237.97 $ 1,078.00 1979 Cadillac 1984 Van Ericson Cellular Phone FEBRUARY $ S MARCH $ $ APRIL $ $ MAY $ 5 JUNE S 9 JULY $ $ AUGUST $ S SEPTEMBER $ $ OCTOBER $ $ NOVEMBER $ $ DECEMBER $ $ PAGE 2 OF 2 7 CENTRAL EAST TEXAS NARCOTICS TASK FORCE Monthly Report DECEMBER, 1993 YEAR YEAR TOTAL TO TO FOR DATE DATE CASES: CITY W M SJ OTHER MONTH 1993 1992 OPENED 10 1 0 1 8 20 353 258 DEFENDANTS 13 0 0 0 2 15 397 302 ARRESTS 11 2 0 0 2 15 171 144 CHARGES 0 0 0 0 2 2 293 133 FILED NARCOTICS SEIZED: MARIHUANA OZ. 5.5 1/4 0 0 50 50 LB 52LE 52 LBS. 6 OZ 60Z LBS COCAINE GR 2.8 0 0 0 0 2.8 128 205 PRESCRIPTION DRUGS A.U. 0 0 0 0 0 . 0 150 10 META. GR. 0 0 0 1 0 1 4.4 5.4 LSD D.U. 0 0 0 0 0 0 2 10 ECSTACY D.U. 0 0 0 0 0 0 61 0 PAGE 1 OF 2 9SO P01 HUHTSUILLE POLICE DEPRRTHE11T 02-1'1-94 15:40 CENTRAL EAST TEXAS NARCOTICS TASK FORCE MONTHLY REPORT (CONT.) DECEMBER, 1993 SEIZURES FORFEITURES 1990 $216,429.26 $186,163.50 1991 $ 81,476.81 $ 38,086.30 1992 $39,097.88 $ 90,470.86. 1993 JANUARY $ -0- $ -0- FEBRUARY $ -0- $ MARCH $ -0- $ 2,805.31 APRIL $ -0- $ 1,271.63 MAY $ -0- $ 491.00 JUNE $ 695.00 $ 1,957 49 JULY $ -0_ $ 10,736.92 AUGUST $ 355.00 $ _0_ SEPTEMBER $ 6,345.45 $ 2,102.00 OCTOBER $ 674.73 $ 8,360.23 NOVEMBER $25,488.62 DECEMBER $71,980.00 $ -0- PAGE 2 OF 2 / TOTAL P.02 `190 P02 HUhITSVILLE POLICE DEPHRTf•tEPIT / 02-19-94 16:41 AGREEMENT BETWEEN WALKER COUNTY AND CITY OF HUNTSVILLE This agreement between Walker County and the City of Huntsville as the responsible agencies for the Central East Texas Narcotics Task Force will reflect the obligations of the parties as follows for the grant year beginning June 1, 1994 and ending May 31, 1995. The City of Huntsville will not be obligated to expend more than $10,000.00 of the $108,486.00 cash match in actual funds. The County of Walker will be responsible for all other matching funds except that the Walker County Criminal District Attorney will be liable for the 25% match on any funds expended on contract legal services not met by Central East Texas Narcotics Task Force seizures and forfeitures. F Robinson Walker County Judge Bill Hodges,Mayo City of Huntsville David P.Weeks Criminal District Attorney Walker County,Texas RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 94-5 EPA-Review MWPP Audit(A.J.Brown) 03-15-94 ,I RESOLUTION NO.94-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, INFORMING THE EPA THAT IT HAS REVIEWED THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL AUDIT FOR THE A. J. BROWN WASTEWATER TREATMENT FACILITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1: The City of Huntsville informs EPA Region 6 that it has reviewed the Municipal Water Pollution Prevention Environment Audit Report, calendar year 1993, for the A.J.Brown Wastewater Treatment Facility,NPDES Permit No.TX 0072974 (Parker Creek WWTP). SECTION 2:This resolution shall take effect immediately. PASSED AND APPROVED by a unanimous vote on the 15th day of March, 1994. THE CITY OF HUNTSVILLE Eby: W.H. Hodges,Mo AT/TE.�ST: Danna Welter, City Secretary APPR VED AS FORM: Sctkt Bon , City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: Resolution 94-6 EPA-Review MWPP Audit(N.B.Davidson) 03-15-94 RESOLUTION NO.94-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, INFORMING THE EPA THAT IT HAS REVIEWED THE MUNICIPAL WATER POLLUTION PREVENTION ENVIRONMENTAL AUDIT FOR THE N.B.DAVIDSON WASTEWATER TREATMENT FACILITY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: SECTION 1:The City of Huntsville informs EPA Region 6 that it has reviewed the Municipal Water Pollution Prevention Environment Audit Report,calendar year 1993, for the N. B. Davidson Wastewater Treatment Facility, NPDES Permit No. TX 0022373(South WWTP). SECTION 2:This resolution shall take effect immediately. PASSED AND APPROVED by a unanimous vote on the 15th day of March, 1994. THE CITY OF HUNTSVILLE bC/�H. Hodges, a}or ATTEST: "- moo)- Danna Welter,City Secretary :APPR VED ASFORM: t B n s, City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION NO.94-07 ACCEPT CONSTR.OF MCGARY CREEK(AUTH.PAYMENT) 5-10-94 RESOLUTION NO.94-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ACCEPTING THE CONSTRUCTION OF MCGARY CREEK INTERCEPTOR SEWER LINES AND LIFT STATION UNDER THE CITY'S WATER DEVELOPMENT BOARD SRF PROJECT NO.2912- 01 AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR. WHEREAS The City Council accepts the actual quantities and costs of the wastewater collection improvements pursuant to final estimate of Wisenbaker, Fix & Associates, Consulting Engineers; and WHEREAS The City Council establishes the warranty period for the improvements; and WHEREAS the City Council authorizes final payment to be made to the Construction Contractor. NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas, that: SECTION 1: That the City accepts the construction of the McGary Creek interceptor sewer lines and lift station(project no.2912-01)as constructed by the Contractor under contract dated July 13, 1993,between J.J.Young Construction Company and the City of Huntsville,Texas,as approved by final inspection of Wisenbaker,Fix& Associates, Consulting Engineers. SECTION 2: That the City establishes the warranty period under the provisions of the contract to be in effect commencing on this date and to remain in full force and effect until January 13, 1995,at 12:00 p.m.,midnight. SECTION 3: That the City authorizes payment to the Contractor of$1,106,332.50, which represents the total cost of the project plus or minus all change orders. Passed and approved this 10th day of May, 1994. THE CITY OF HUNTSVILLE W. H.Hodges, ayor A�T/TEST: M Danna Welter, City Secretary APPR VE AS TO FORM: Scott ds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION NO.94-08 EXPECT.TO REIMB.EXPEND. (STATUE PROJECT) 5-31-94 RESOLUTION NO.94-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DECLARING EXPECTATION TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT. WHEREAS The City of Huntsville, Texas (the "Issuer"), intends to issue debt for the construction of a tourist and visitor's center honoring Sam Houston and the history of the State of Texas(the "Project")and further intends to make certain capital expenditures for the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS Under Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS the Issuer desires to preserve its ability to reimburse the Expenditures with proceeds of tax-exempt obligations. NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas, that: SECTION 1: The Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is$500,000. Passed and adopted this 31st day of May, 1994. THE CITY OFF HUNTSVILLE Y W. H. Hodges,Mayor ATTEST: E,- Danna Welter, City Secretary APPROVED AS TO FORM: J�611N gaL.,� — Scott liblunds, City Attorney FULBRIGHT & JAWORSKI L.L.P. A REGISTERED LIMITED LIABILITY PARTNERSHIP HOUSTON 2200 RO55 AVENUE WASHINGTON.D.C. AUSTIN SUITE 2600 SAN ANTONIO DALLAS TELEPHONE:214/855-8000 DALLAS. TEXAS 75201 NEW YORK FACSIMILE:214/855-8200 LOS ANGELES LONDON WRITER'S D R A NUM eER: 2URKON 214/855-8013 HONG G May 17, 1994 VIA FEDERAL EXPRESS Ms.Patricia A.Allen Director of Finance City of Huntsville 1212 Avenue M Huntsville,TExas 77340-4608 Dear Ms.Allen: At the request of Joe Morrow of First Southwest Company, enclosed herewith are two (2) copies of a reimbursement resolution for adoption by the City Council at their May 31, 1994 meeting. When adopted and executed, one copy is for the City's records and one copy is to be returned to us. Should you have any questions concerning the enclosure,please do not hesitate to contact us. Sincerely, f Ed H.Esquivel EHE:dfc Enclosures cc: Mr.Joe Morrow (with enclosure) CITY COUNCIL APPROVED ��>I RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION NO.94-09 AUTH.PUBLIC.CO-$500,000(STATUE PROJECT) 7-26-94 RESOLUTION NO. 94-09 A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation. WHEREAS, the City Council of the City of Huntsville, Texas, has determined that certificates of obligation should be issued under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271, for the purpose of paying contractual obligations to be incurred for (i) the construction of a tourist and visitor's center honoring Sam Houston and the history of the State of Texas, and (ii) professional services rendered in relation to such project and the financing thereof; and WHEREAS, prior to the issuance of such certificates, the City Council is required to publish notice of its intention to issue the same in a newspaper of general circulation in the City, said notice stating (i) the time and place the Council tentatively proposes to pass the ordinance authorizing the issuance of the certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the certificates are to be issued and (iv) the manner in which the Council proposes to pay the certificates; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: SECTION l: The City Secretary is hereby authorized and directed to cause notice to be published of the Council's intention to issue certificates of obligation in the principal amount not to exceed $500,000 for the purpose of paying contractual obligations to be incurred for (i) the construction of a tourist and visitor's center honoring Sam Houston and the history of the State of Texas and (ii) professional services rendered in relation to such project and the financing thereof, such certificates to be payable from ad valorem taxes and a pledge of a portion of the revenues derived from a hotel occupancy tax levied by the City. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A hereto attached and incorporated herein by reference as a part of this resolution for all purposes. 0186006 SECTION 2: The City Secretary shall cause the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication to be at least fifteen (15) days prior to the date stated therein for the passage of the ordinance authorizing the issuance of the certificates of obligation. PASSED AND ADOPTED, this July 26, 1994. Mayor, City of fl ntsv ye' Texas ATTEST: It4A)J� ity Secretary, City of Huntsville, Texas (City Seal) APPR ED AS ORM: Cit Attorney 0186006 -2- FXi�l�l1 � NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE TEXAS CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Huntsville, Texas, shall convene at 5:30 o'clock P.M. on the 16th day of August, 1994„ at its regular meeting place in the City Hall, 1212 Avenue M, Huntsville, Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $500,000 for the purpose of paying contractual obligations to be incurred for (i) the construction of a tourist and visitor's center honoring Sam Houston and the history of the State of Texas and (ii) professional services rendered in relation to such project and the financing thereof, such certificates to be payable from ad valorem taxes and a pledge of a portion of the revenues derived from a hotel occupancy tax levied by the City. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Danna Welter City Secretary, City of Huntsville, Texas OWN. CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS § COUNTY OF WALKER § CITY OF HUNTSVILLE § I, the undersigned, City Secretary of the City of Huntsville, Texas, DO HEREBY CERTIFY as follows: 1. On the 26th day of July, 1994, a regular meeting of the City Council of the city of Huntsville, Texas, was held at a meeting place within the City; the duly constituted members of the Commission being as follows: WILLIAM HODGES MAYOR MARJORIE REX ) RONALD LANGE ) DAVE LUNING ) HAROLD NORTON. ) DAVID MARTINEZ ) COUNCILMEMBERS DAN S. DAVIS ) JOANN MATTHEWS ) JIM CARTER ) and all of said persons were present at said meeting, except the following: Dave Luning Among other business considered at said meeting, the attached resolution entitled: "A RESOLUTION approving and authorizing publication of notice of intention to issue certificates of obligation." was introduced and submitted to the Council for passage and adoption. After presentation and due consideration of the resolution, and upon a motion being made by Dan S. Davis and seconded by Ronald Lange the resolution was finally passed and .adopted by the Council to be effective immediately by the following vote: voted "For" 1 voted "Against" abstained all as shown in the official Minutes of the Council for the meeting held on the aforesaid date. 0185983 2. The attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council of said City on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, advance notice of the time, place and purpose of the meeting was given to each member of the Council; and that said meeting and the deliberation of the aforesaid public business was open to the public and written notice of said meeting, including the subject of the above entitled resolution, was posted and given in advance thereof in compliance with the provisions of V.T.C.A., Government Code, Chapter 551, as amended. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said City, this the 26th day of July, 1994. City Secretary, City of Huntsville, Texas (City Seal) 0185983 -2- CITY OF HUNTSVILLE,TEXAS $500,000 COMBINATION TAX&REVENUE CERTIFICATES OF OBLIGATION JtiLY 12, 1994 -July 1994 August 1994 September 1994 S M 'T W TJFS 8 M T W T F 8 S M T W T F 8 1 2 3 4 6 6 1 2 3 3 4 6 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 1414 15 16 17 18 19 20 11 12 18 14 15 16 17 7 18 19 20 21 21 22 23 24 26 26 27 18 19 20 21 22 23 24 24 25 26 27 28 28 29 30 31 25 28 27 28 29 30 31 Schedule of Events May 31, 1994 Council authorizes First Southwest to proceed with issue. July 19, 1994 Circulate draft of Preliminary Official Statement for comments. July 20, 1994 Draft documents sent to City for meeting of the 26th. First Southwest Company applies for a contract bond rating with Moody's Investor Service July 26, 1994 Council Meeting - Council considers adoption of a xesoitn4on directing the publication of Notice of Intention to Issue Certificates of Obligation. Comments on draft document returned to First Southwest Company. July 28, 1994 Publish first Notice of Intent to Issue in the Huntsville hent. Offering Document undergoes finall internal review. July 29, 1994 Hirst Southwest Company orders final printing of the offering document and distributes copies. August 4, 1994 Publish second Notice of Intent to Issue in the Huntsville llent. August 11, 1994 Begin preliminary Pricing s August 16, 1994 Sale Date. On this date the Council meets in official session to approve the Purchase Agreement. Post-1t'-brand fax transminal memo 76-71 F of va•• m ro C.- Co. •. Deur. non•w Fea e Fea FULBRIGHT & .JAWORSKI L.L.P. A REGISTERED LIMITED LIABILITY PARTNERSHIP HOUSTON 2200 ROSS AVENUE WASHINGTON.D.C. AUSTIN SUITE 2800 SAN ANTONIO DALLAS TELEPHONE:214/855-8000 DALLAS, TEXAS 75201 NEW YORK FACSIMILE:214/885-8200 LOS ANGELES LONDON WRITER'S DIRECT DIAL NUMBER: ZURICH _M. -8013 HONG KONG July 19, 1994 VIA FEDERAL EXPRESS Ms.Patricia A.Allen Director of Finance City of Huntsville 1212 Avenue M Huntsville,Texas 77340 Re: City of Huntsville,Texas,Certificates of Obligation Dear Ms.Allen: Enclosed herewith are the following proceedings,to wit: 1. A notice of meeting to be posted in accordance with the attached memorandum. Said notice pertains to the meeting of the City Council to be held on July 26,1994 and is concerned with the action to be taken by the Council with respect to approving and authorizing publication of notice of intention to issue the certificates of obligation. If a notice of meeting has already been posted for such meeting and said notice includes the subject matter mentioned above, the enclosed notice may be discarded. 2. Five copies of the Certificate of City Secretary relating to the Resolution approving and authorizing publication of notice of intention to issue certificates of obligation. After completion and execution,one copy is for the City's records and four copies are to be returned to us. 3. Two copies of the Resolution approving and authorizing publication of notice of intention to issue certificates of obligation. After completion and execution,one copy is for the City's records andone copy is to be returned to us. 4. One copy of the "Notice of Intention to Issue City of Huntsville, Texas, Certificates of Obligation"for execution. This notice is to be published once a week for two consecutive weeks in a newspaper having general circulation in the City,the date of the first publication to be least fifteen(15)days prior to the date stated therein oiasoia Ms.Patricia A.Allen July 19, 1994 Page 2 for the passage of the ordinance authorizing the issuance of the certificates of obligation. 5. Five copies of an Affidavit of Publication to be completed and executed by an official of the newspaper after the notice has been published two times as aforesaid. To each red in the newsp perV1should tually Four copi s are to be returnedclippingfh t usand one copy ise notice as it forthe City's files. Should you have any questions,please advise. Sincerely, 4;� Ed H.Esquivel EHE:dfc Enclosures CC,. Mr.Joe Morrow (with enclosures) 0186018 NOTICE OF MEETING NOTICE is hereby given that the Ci Council of the City of Huntsville, Texas will meet at 5:30 of ock P.M. on the 26th day of July, 1994, at City Hall, 1212 Ave a M, Huntsville, Texas, and during such meeting will consider a matters incident and related to approving and authorizing publ' ation of notice of intention to issue certificates of obliga 'on, including the passage and adoption of a resolution pert ning thereto. Administrative Officer 0014130 MEMORANDUM Chapter 551 of the Texas Government Code requires that written notice be given of the date,hour,place,and subject of each meeting held by the governing body of a governmental entity.Such written notice must be posted "in a place readily accessible to the general public at all times for at least 72 hours before the scheduled time of the meeting." In case of emergency or urgent public necessity,which shall be expressed in the notice,it shall be sufficient if notice is posted two hours before the meeting is convened. In cases of emergency meetings,special notice by telephone or telegraph must also be given in advance of the meeting to any news media which has previously filed a request for such special notice at the headquarters of the governmental body and consented to pay any and all expenses incurred by the governmental body in providing such special notice.Additionally,when a meeting is to be held and the 72 hours notice requirement has been satisfied,additional subjects may be added to the agenda of the meeting by posting a supplemental notice in the same manner as required for posting notice of an emergency meeting. Places of Posting: CITY--City Hall COUNTY--County Courthouse SCHOOL DISTRICT--Central Administrative Office and,in addition,shall give notice by telephone or telegraph to any news media requesting such notice and consenting to pay any and all expenses incurred in providing special notice. WATER DISTRICT.OTHER DISTRICT.OR OTHER POLITICAL SUBDIVISION— (a)covering all or part of four or more counties--Administrative Office and delivered to the Secretary of State for posting at the main office of the Secretary of State;and also delivered to the County Clerk of the county in which the administrative office of the district or other political subdivision is located for posting in the county courthouse. (b)all others--Administrative Office and delivered to the County Clerk of the county or counties in which located for posting in the county courthouse. STATE GOVERNMENTAL BODIES--notice to be delivered to the Secretary of State for posting in the main office of the Secretary of State. IN ALL CASES, NOTICES ARE TO BE POSTED AT THE APPROPRIATE PLACES OF POSTING IDENTIFIED FOR THE POLITICAL ENTITY IDENTIFIED ABOVE AT A LOCATION WHICH Is CONVENIENT AND READILY ACCESSIBLE TO THE GENERAL PUBLIC AT ALL TIMES.THE SUPREME COURT RECENTLY HELD IN A CASE THAT LITERAL COMPLIANCE WAS REQUIRED WITH RESPECT TO THE NOTICE BEING POSTED AT A PLACE READILY ACCESSIBLE TO THE PUBLIC AT ALL TIMES 72 HOURS IN ADVANCE OF THE MEETING. FAILURE TO SATISFY THE 72 HOUR POSTING REQUIREMENT OR EMERGENCY MEETING SPECIAL NOTICE REQUIREMENT MAY RESULT IN THE ACTION LISTED IN THE ATTACHED NOTICE BEING VOID UPON BEING CHALLENGED.[See Smith County v.Thornton,726 SW2d 2(Tex.Sup.Ct.1986)]. The statute provides that any action taken by a governmental body at a meeting on a subject which was not stated on the agenda in the notice posted for such meeting is VOIDABLE. The officer charged with certifying proceedings adopted and passed by the governmental body will be required to certify that notice of the meeting, and the subject matter represented by the proceedings,was given in advance of the meeting in compliance with Chapter 551,of the Texas Government Code,as amended. FULBRIGHT&JAWORSHI L.L.P. 0032878 499 0,040 ks /, City of Huntsville TO BUILD AND SERVE A BETTER COMMUNITY' HUNTSVILLE,TEXAS 77340 1212 AVE.M (409)295-6471 July 22, 1994 NINA Huntsville Item P.O.Box 539 Huntsville,Texas 77340 Nina: Please publish the attached notice on: Thursday,July 28, 1994,and Thursday,August 4, 1994. Also attached are"Affidavits of Publication"that are required by our bond company. Please let me know when these are completed and I will come and retrieve them. Thank you,and if you have any questions,please call me at(409)291-5403. Sincer, Danna Welter City Secretary /dw Attachments NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, CERTIFICATES OF OBLIGATION TAKE NOTICE that the City Council of the City of Huntsville, Texas, shall convene at 5:30 o'clock P.M. on the 16th day of August, 1994„ at its regular meeting place in the City Hall, 1212 Avenue M, Huntsville, Texas, and, during such meeting, the City Council will consider the passage of an ordinance authorizing the issuance of certificates of obligation in an amount not to exceed $500,000 for the purpose of paying contractual obligations to be incurred for (i) the construction of a tourist and visitor's center honoring Sam Houston and the history of the State of Texas and (ii) professional services rendered in relation to such project and the financing thereof, such certificates to be payable from ad valorem taxes and a pledge of a portion of the revenues derived from a hotel occupancy tax levied by the City. The certificates are to be issued, and this notice is given, under and pursuant to the provisions of V.T.C.A., Local Government Code, Subchapter C of Chapter 271. Danna Welter City Secretary, City of Huntsville, Texas 0185908 AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS § § COUNTY OF WALKER § BEFORE ME, the undersigned authority on this day personally appeared of a newspaper published in the County of Walker, Texas, who, being by me duly sworn, upon oath deposes and says: That said newspaper is of general circulation in the City of Huntsville, Texas;, and that the attached "NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, CERTIFICATES OF OBLIGATION", hereto attached, was published in said newspaper in its issues of 1994; and 1994; and said newspaper devotes not less than twenty-five percent (25%) of its total column lineage to items of general interest, is published not less frequently than once each week, entered as second-class postal matter in the county where it is published and has been published regularly and continuously for not less than twelve (12) months prior to the date of the publication of said "NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, CERTIFICATES OF OBLIGATION". Title: SWORN TO AND ,SUBSCRIBED BEFORE ME, this the day of 1994. Notary Public, State of Texas My Commission Expires: (Notary Seal) oiasaos AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS § COUNTY OF WALKER § BEFORE ME, the undersigned authority on this day personally appeared of a newspaper published in the County of Walker, Texas, who,' being by me duly sworn, upon oath deposes and says: That said newspaper is of general circulation in the City of Huntsville, Texas, and that the attached "NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, CERTIFICATES OF OBLIGATION", hereto attached, was published in said newspaper in its issues of 1994; and 1994; and said newspaper devotes not less than twenty-five percent (2556) of its total column lineage to items of general interest, is published not less frequently than once each week, entered as second-class postal matter in the county where it is published and has been published regularly and continuously for not less than twelve (12) months prior to the date of the publication of said "NOTICE OF INTENTIONTO ISSUE CITY OF HUNTSVILLE, TEXAS, CERTIFICATES OF OBLIGATION". Title: SWORN TO AND SUBSCRIBED BEFORE ME, this the day of 1994. Notary Public, State of Texas My Commission Expires• (Notary Seal) oiasese AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS 5 COUNTY OF WALKER § BEFORE ME, the undersigned authority on this day personally appeared of a newspaper published in the County of Walker, Texas, who, being by me duly sworn, upon oath deposes and says: That said newspaper is of general circulation in the City of Huntsville, Texas, and that the attached "NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, CERTIFICATES OF OBLIGATION", hereto attached, was published in said newspaper in its issues of 1994; and 1994; and said newspaper devotes not less than twenty-five percent (25%) of its total column lineage to items of general interest, is published not less frequently than once each week, entered as second-class postal matter in the county where it is published and has been published regularly and continuously £or not less than twelve (12) months prior to the date of the publication of said "NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, CERTIFICATES OF OBLIGATION". Title: SWORN TO AND SUBSCRIBED BEFORE ME, this the day of 1994. Notary Public, State of Texas My Commission Expires: (Notary Seal) O1&5988 AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS § COUNTY OF WALKER § BEFORE ME, the undersigned authority on this day personally appeared of , a newspaper published in the County of Walker, Texas, who, being by me duly sworn, upon oath deposes and says: That said newspaper is of general circulation in the City of Huntsville, Texas, ;and that the attached "NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, CERTIFICATES OF OBLIGATION", hereto attached, was published in said newspaper in its issues of 1994; and 1994; and said newspaper devotes not less than twenty-five percent (25%) of its total column lineage to items of general interest, is published not less frequently than once each week, entered as second-class postal matter in the county where it is published and has been published regularly and continuously for not less than twelve (12) months prior to the date of the publication of said "NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, CERTIFICATES OF OBLIGATION". Title: SWORN TO AND SUBSCRIBED BEFORE ME, this the 1994. day of Notary Public, State of Texas My Commission Expires: (Notary Seal) AFFIDAVIT OF PUBLICATION THE STATE OF TEXAS § § COUNTY OF WALKER $ BEFORE ME, the undersigned authority on this day personally appeared of a newspaper published in the County of Walker, Texas, who, being by me duly sworn, upon oath deposes and says: That said newspaper is of general circulation in the City of Huntsville, Texas, and that the attached "NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, CERTIFICATES OF OBLIGATION", hereto attached, was published in said newspaper in its issues of 1994; and 1994; and said newspaper devotes not less than twenty-five percent (25%) of its total column lineage to items of general interest, is published not less frequently than once each week, entered as second-class postal matter in the county where it is published and has been published regularly and continuously for not less than twelve (12) months prior to the date of the publication of said "NOTICE OF INTENTION TO ISSUE CITY OF HUNTSVILLE, TEXAS, CERTIFICATES OF OBLIGATION". Title: SWORN TO AND SUBSCRIBED BEFORE ME, this the day of 1994. Notary Public, State of Texas My Commission Expires: (Notary Seal) oies�e RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 94-10 PUBLIC FUNDS INVESTMENT COOP. 8-09-94 RESOLUTION NO. 94-10 Local Government Investment Cooperative Resolution RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT FOR PARTICIPATION IN A PUBLIC FUNDS INVESTMENT COOPERATIVE (THE 'COOPERATIVE'), DESIGNATING THE BOARD OF DIRECTORS OF THE COOPERATIVE AS AN AGENCY AND INSTRUMENTALITY TO SUPERVISE THE COOPERATIVE, APPROVING INVESTbfENT POLICIES OF THE COOPERATIVE, APPOINTING AUTHORIZED REPRESENTATIVES AND DESIGNATING INVESTMENT OFFICERS WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended (the 'Interlocal Act'), permits any 'local government' to contract with one or more other'local governments' to perform'governmental functions and services,' including investment of public funds(as such phrases are defined in the Interlocal Act); WHEREAS,the Interlocal Act authorizes the contracting parties to any interlocal agreement to contract with agencies of the State of Texas,within the meaning of Chapter 771 of the Government Code, WHEREAS,the Act permits the contracting parties to any interlocal agreement to create an administrative agency to supervise the performance of such interlocal agreement and to employ personnel :and engage in other administrative activities and provide other administrative services necessary to execute the terms of such interlocal agreement; WHEREAS, the Public Funds Investment Act, Chapter 2256 of the Texas Government Code,as amended(the"PFIA"),authorizes the entities described in Subsection(a) of the PFIA to invest their funds in an eligible public funds investment pool,and the intends to become and remain an eligible public funds investment pool,under the terms and conditions set forth in PFIA; WHEREAS, the City of Huntsville, Texas, (the 'Government Entity') desires to enter into that ceresin Interlocal Agreement (the 'Agreement'),a copy of which is presented with this Resolution and is incorporated herein by reference,and to become a participant in a public funds investment pool created thereunder and under PFIA,to be known as Local Government Investment Cooperative(the'Cooperative'); WHEREAS, the Government Entity is a Government Entity as defined in the Agreement;and t . Resoluuau '.. ntity Cooperative to bs"pR S, the byoaernme tboardo directorsts to cause administration of the administrative agency created under the Interlocal Act;and( �Board')' which shall be an WHEREAS,the Government Entity desires to designate the Board as its agency and instrumentality with authority to supervise performance of the Agreement,employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement; WHEREAS, each capitalized term used in this Resolution and not otherwise defined has the same'meaning assigned to it in the Agreement; NOW,THEREFORE,BE IT RESOLVED: 1. The Agreement is hereby approved and adopted and, upon execution thereof by an Authorized Representative(defined below)and receipt of the Government Entity's application to join the Cooperative by the Administrator,the Government Entity shall become a Participant in the Cooperative for the purpose of investing its available funds therein from time to time in accordance with its terms. 2. The Board is hereby designated as an agency and instrumentality of the Government Entity,and the Board shall have the authority to supervise performance of the Agreement and the Cooperative,employ personnel and engage in other administrative activities and provide other administrative services necessary to execute the terms of the Agreement. 3. The investment policies of the Cooperative,as set forth in the document entitled Investment Policies,as summarized in the Information Statement,and as may be amended from time to time by the Board,are hereby adopted as investment policies of the Government Entity with respect to money invested in the Cooperative, and any existing investment policies of the Government Entity in conflict therewith shall not apply to investments in the Cooperative. 4. The following officers,officials or employees of the Government Entity are hereby designated as •Authorized Representatives, within the meaning of the Agreement,with"full power and authority to: execute the Agreement,an application to join the Cooperative and any other documents required to become a Participant;deposit money to and withdraw money from the Government Entity's Cooperative account from time to time in accordance with the Agreement and the Information Statement;and take all other actions',deemed necessary or appropriate for the investment of funds of th Government Entity: e Signature: Printed Nam Gena Pines Title:: City Manager Signature: Printed Name: Patricia Allen Title: Director/�Aof' Finance Q Signature: �Y Vtk 8PLU/y,� Printed Name: Martha Blume Title: Accountant In accordance with Cooperative procedures, an Authorized Representative shall promptly notify the Cooperative in writing of any changes in who is serving as Authorized Representatives. 5. In addition to the foregoing Authorized Representatives,each Investment Officer of the Cooperative appointed by the Board from time to time is hereby designated as an investment officer of the Government Entity and,as such,shall have responsibility for investing the share of Cooperative assets representing funds of the Government Entity. Each,depository and custodian appointed by the Board from time to time are hereby designated as a depository and custodian of the Government Entity for purposes of holding the'share of Cooperative assets representing funds of the Government Entity. PASSED AND APPROVED this 9th day of August 19.L4- ATTEST. B 3`" — l��l�,� �Z �G By:r�/ �G�RJ—WYeX�(�C�/ W-H- Hodges. Ma�.or na w �r r;rte. ce�re.�r3� Printed name and title Printed Name and Title SEAL -3- Ruolutioo Additional Party Agreement The Government Entity of the State of Texas named below,acting by and through the undersigned Authorized Representative, hereby agrees to become a party to that certain Interlocal Agreement to which this page is attached, and thereby become a Participant in the Local Government Investment Cooperative, subject to all of the terms and provisions of such Agreement. The undersigned hereby represents that it is a Government Entity as defined in such Agreement. Executed this 9th day of August 1994, City of Huntsville Name of Government Entity Authorized Represetitattve W.H. Hodges, Mayor Printed Name and Title ACCEPTED: Local Government Investment Cooperative By: l. L GIC Administrator Printed Name and Title -10- Interlocal 10.Interl«al Agreement RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 94-11 BANKING RESOLUTION-POLICE 6-14-94 SAVINGS accts: 356048 - 356048 RESOLUTION 94-11 CERTIFIED COPY OF CORPORATE RESOLUTION OF I do hereby certify that I am the secretary or an assistant secretary of the undersigned corporation and,as such,the custodian of the book in which is kept the minutes of corporate meetings. I do further certify that what follows is a true and correct copy of resolutions duly and legally passed at a meeting of __CITY-OF-.HUNTSVTLLE_._—..____ a quorum was in attendance on the -day of R=�--- which as legallycalled and at which �. On motion duly made,seconded and carried by unanimous vote,it was RESOLVED that First National Bank of Huntsville be and it is hereby designated as depository of this corporation,subject to the rules and regulations of the depository,wherein may be deposited by or at the direction of any of its officers,agents and employees any funds of this corporation whether represented by cash,checks,drafts,notes or other evidences of debt;and that checks,drafts, notes,bills of exchange,acceptances,:or other orders for the payment of money drawn on the depository are hereby authorized and shall be signed in the name of the corporation by any--I-__of the following officers: Lt. Gary L. Howze Huntsville Police Department Gene Pipes �'� City Manager, City of Huntsville Be it,further,RESOLVED that any N./A of said officers be authorized at any time and from time to time to bor- row money in the name of the corporation from the depository and to give the corporation's note or notes therefor and to grant a security interest in any of the corporation's property in connection therewith;and to discount or re-discount or offer for purchase on the endorsement of said officer any bills,notes,or other negotiable instruments of the corpora- tion;and to authorize a person not an officer of the corporation to request and accept delivery of property of the cor- poration in which a securi ty interest shall have been terminated. Be it,further,RESOLVED that any;_N/A__of said officers be authorized to contract with a depository in the name of thecorporation for the use of a safe deposit box with access to said box and its contents at any time and from time to time,subject only to the rules and regulations of the depository. Be it,further,RESOLVED,that the depository is hereby authorized to pay any instrument and advance funds against corporate obligations when endorsed or made in accordance with the foregoing even if paid or advanced to the in- dividual hereinabove authorized or to his individual credit or benefit;and also to stop payment on an instrument of this corporation and cancel any such stop-payment order,all on the order of persons herein authorized to sign instruments. Be it,further,RESOLVED,that any and all endorsements for or on behalf of this corporation upon checks,drafts, notes or instruments for deposit or collection made with the said bank may be written or stamped endorsements of the corporation without any designation of,the person making such endorsements. Be it,further,RESOLVED,that said bank be promptly notified in writing by the Secretary or any other officer of this corporation of any change in these resolutions or our by-laws and that until it has actually received such notice in writing said bank is authorized to act in pursuance of these resolutions. I FURTHER CERTIFY,that these resolutions are within the power of the Board of Directors to pass as provided in the charter and by-laws of this corporation,and that the present officers of this corporation and their respective titles are as follows: Name Title W. H. Jod es / �,� Mayor Jim Carter Mayor Pro Tem Dan S. Davis , Councilmember Ron Lange Councilmember JoAnn Matthews/ N� Councilmember Harold Norton Councilmem er Dave Luning 14_ - Councilmember Marjorie Rex-4L& Counci mem er David Martinez. -"2} '.. Councilmember �� p I,N WIT,NE'SS WHEREOF, I have hereunto set my hand as Secretary this-J.Y-Y"1ti/day of 19 q Secretary s��m�nnaao RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 94-12 AUTHORIZE SUBMISSION OF TDHCD GRANT 9-13-94 1194-12 R E S O L U T I O N RESOLUTION OF THE CITY OF HUNTSVILLE AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT PROJECT FUND; AND, AUTHORIZING THE MAYOR TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. WHEREAS, the City desires to develop a viable community for all citizens; WHEREAS, certain conditions exist which represent a threat to the public health and safety; and, WHEREAS, it is necessary and in the best interests of the City to apply for funding under the 1994 Texas Community Development Program. NOW, THEREFORE, BE IT RESOLVED: Section 1. THAT, a TexasI, Community Development Program application is hereby authorized to be filed on behalf of the City with the Texas Department of Housing and Community Affairs and be placed in competition for funding under the Community Development Project Fund; Section 2. THAT, the application be for $350,000 of grant funds to carry out engineering, administration and/or sewer system improvements; '. Section 3. THAT, the City Council directs and designates the Mayor as the City's ( Chief Executive Officer and Authorized Representative to act in all matters in connection with this application and the City's participation in the Texas Community Development Program; and, Section 4. THAT, it further be stated that the City is committing $70,000 from its Utility Fund as a cash contribution toward engineering, administration and/or sewer system improvements of this project. PASSED AND APPROVED, this 13th day of September, 1994. APPROVED: MAYOR .• _ ATTEST � � CITY SECRETARY ATTACHMENT4 TCDP MINORITY EMPLOYMENT FORM THE INFORMATION PROVIDED BY THE APPLICANT IN THIS FORM MUST INCLUDE ALL FULL-T:ME PERMANENT EMPLOYEES FOR THE MONTHS OF APRIL, MAY, AND JUNE OF 1994 FOR THE APPLICANT'S JURISDICTION ONLY. ELECTED OFFICIALS, PART-TIME, OR TEMPORARY EMPLOYEES MUST NOT BE INCLUDED ON THIS FORM. APPLICANT JURISDICTION: City of Huntsville MALE IFEMALE WHITE(NON-HISPANIC ORIGIN) WHITE(NON-HISPANIC ORIGIN) 116 48 BLACK(NON-HISPANIC ORIGIN) 52 BLACK(NON-HISPANIC ORIGIN) 2 HISPANIC 1 HISPANIC 2 ASIAN OR PACIFIC ISLANDER ASIAN OR PACIFIC ISLANDER 1 0 AMERICAN INDIAN OR ALASKAN AMERICAN INDIAN OR ALASKAN NATIVE 0 NATIVE 1 TOTAL FULL-TIME PERMANENT TOTAL FULL-TIME PERMANENT MALE EMPLOYEES 170 FEMALE EMPLOYEES 53 TOTAL FULL-TIME PERMANENT EMPLOYEES(Male and Female) 223 CERTIFICATION: I certify that the information given on this form is correct and true to the best of my knowledge and was reported in accordance with the instructions. I further certify that I understand that this application may be subject to disqualification and any further sanctions as they apply if the information provided is determined to be incorrect,false,or purposely misleading. I also attest that this information reflects the period covered by April,May,and June of 1994 and supporting documentation will be maintained and available at any time for review by the Texas Department of Housing and Community Affairs. NAME OF TCDP MINORITY FORM PREPARER(PLEASE PRINT) TITLE Brenda LeNorman Human Resources Coor . SIGNATURE TELEPHONE NUMBER (409) 291-5436 AUTH IZED SIGNATO Y(Mayor, unty Jud e,Loc#Oficial) DATE REVIEWED/SIGNED 41 APPLICATION FOR TCDP ASSISTANCE �iPART I OMB Approval No.0348-004J 2. DATE SUBMITTED Applicant Identifier 09-21-94 1. TYPE OF SUBMISSION 3. DATE RECEIVED BY STATE State Identifier Application Preapplicalion xq Construction "❑ Construction4. Date Received by Federal Agency Federal Identifier Cl Non-Construction O Non-Construction 5. APPLICANT INFORMATION Legal Name: i Organizational Unit: CITY OF HUNTSVILLE CITY OF HUNTSVILLE Address(City,County,State and Zip:cod:e) ::.. NamelTitle,Agency or Company,Address,Area Code and Telephone Number of Application Preparer. 1212 AVENUE M BRUCE J. SPITZENGEL CONSULTING HUNTSVILLE, TEXAS 77340 2906 DEER CREEK DRIVE WALKER COUNTY SUGAR LAND, TEXAS 77478 713-980-7259 6. EMPLOYER IDENTIFICATION NUMBER(EIN):' 7. TYPE OF APPLICANT: (check where appropriate below) A Municipal ❑ B County 138. TYPE OF APPLICATION: 9. NAME OF FEDERAL AGENCY: ❑ New Texas Department of Housing and Community Affairs ❑ Continuation 10.CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 14-22$ ❑ Revision TITLE:Texas Community Development Program 11.DESCRIPTIVE TITLE OF APPLICANTS PROJECT: 11a TYPE OF APPLICATION: (check where appropriate below) SEWER SYSTEM IMPROVEMENTS ® Community Development Fund❑ Colonia Fund FOR TALL TIMBERS ❑ Disaster Relief/Urgent Need Fund 12.TARGET AREA(S)AFFECTED BY PROJECT:. 13.APPLICANTS FISCAL Beginning Date OCTOBER 1 TALL TIMBERS TARGET AREA HUNTSVILLE, TEXAS Ending Date SEPTEMBER 30 14.CONGRESSIONAL DISTRICTS OF: a. Representative b.Senate c.Congress 15.ESTIMATED FUNDING: 16.IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a.TCDP Request $ 350,000 (3 YES THIS PREAPPLICATIONIAPPLICATION WAS MADE AVAILABLE b.Federal $ TO THE STATE EXECUTIVE ORDER 12372 PROCESS FOR REVIEW ON c.State $ 0C DATE PENDING d.Applicant $ 70,000 JX ❑NO U PROGRAM IS NOT COVERED BY E.O.12372 UOR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW e.Local $ 17.IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? , f.Other $ IX 420,000 ❑Yes If Nes"attach an explanation No .TOTAL $ 18.TO THE BEST OF MY KNOWLEDGE AND BELIEF ALL DATA IN THIS APPLICATIONIPREAPPUCATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE CERTIFICATIONS AND CITIZEN PARTICIPATION PLAN INCLUDED IN THE PROCEDURES SECTION OF THE TCDP APPLICATION GUIDE IF THE ASSISTANCE IS AWARDED. a. Typed Name of Authorized Representative b. Title C. Telephone Number W. H. HODGES MAYOR 409-294-5780 d. Signature of Autho' prese i e. Date Signed 09-20-94 Previous Editions Not Usable - 1 STANDARD FORM 424(REV-488) SURVEY TABULATION FORM APPLICANT CITY OF HUNTSVILLE (1) NUMBER OF HOUSEHOLDS RECEIVING PROJECT BENEFITS ------------------------------ 32 (2) NUMBER OF HOUSEHOLDS CONTACTED ----------------------------------------------- 32 (3) NUMBER OF HOUSEHOLDS RESPONDING',,TO THE SURVEY-------------------------------- 30 (4) SURVEY RESPONSE RATE= (3)DIVIDED BY (1) = 31 =-------- 96-9 % 32 BREAKDOWN OF SURVEY RESPONSES BY FAMILY SIZE (5) (6) (7) (8) (97 (10) ',NUMBER OF NUMBER OF NUMBER OF NUMBER OF FAMILY NUMBER OF ; LOW/MOD NON LOW/MOD LOW/MOD NON LOW/MOO SIZE RESPONSES '.RESPONSES RESPONSES PERSONS RESPONSES 1 12 11 1 11 1 2 3 3 6 3 7 7 21 4 3 3 12 5 3 3 15 6 2 2 12 7 8 9 10 TOTALS- 30 29 1 77 1 (11) TOTAL PERSONS SURVEYD=TOTAL OF (9)*TOTAL OF (10)_ ------------------""'-- 78 (12) LOW/MOO PERCENTAGE= TOTAL OF (9)DIVIDED BY(11) _------= 77 = 98.72 % 78 (13) SURVEY AVERAGE FAMILY SIZE= (11)DIVIDED BY TOTAL OF (b) = 380 = 2.6 (14) NUMBER OF HOUSEHOLDS NOT SURVEYED= (1)MINUS (3)=---- ----"'------- 2 (15) NUMBER OF BENEFICIARIES NOT SURVEYD=(13) x(14) =-------------------"""--- 5 (16) LOW/MOD BENEFICIARIES NOT SURVEYD=(12)X (15)=------------------------------ 5 (17) TOTAL BENEFICIARIES=(11)+ (15) =----------------""'----------------------- 83 TOTAL LOW/MOD BENEFICIARIES=TOTAL OF (9)+ (16) -----------------------""" 82 CERTIFICATION - 1, THE CHIEF ELECTED',OFFICIAL FOR THIS JURISDICTION, CERTIFIES THAT THE INFORMATION IN THIS REPORT AND THE SURVEY LOCATIONS FORM IS CORRECT TO THE BEST OF MY KNOWLEDGE AND WAS REPORTED IN ACCORDANCE WITH \ ACCOMPANYING INSTRUCTIONS. 1 SIGNATURE- gZ I TITLE- MAYOR ADDRESS: 1212 AVENUE MHUNTSVILLE 'TEXAS 773 PHONE NUMBER: 409-291-5410 DATE: 9-13-94 PART 111 INTERESTED PARTIES There Are No Persons With A Reportable Financial Interest To Disclose FLI List All Persons With A Reportable Social Security Number Type Of Participation Financial Interest Financial Interest In The Project Or Activity Or Employee ID Number In Project/Activity In ProjecUActivity (Dollars And%) PART IV REPORT ON EXPECTED SOURCES AND USES OF FUNDS Source Of Funds See the 424 Form, Project Summary, Table 1, the Local Resolution, and Letters of Commitment. Use Of Funds See Page 3 of Project Summary, Table 1, Table 2, and the Project Map. CERTIFICATION: 1 certify that the information given on this form is true and complete. j Signature Date 47 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 94-13 ASSURE FUNDS-TRANSFER STATION OPERS. 10-11-94 RESOLUTION NO.94-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, MAKING FINANCIAL ASSURANCES THAT THE CITY WILL ADEQUATELY FUND ITS TRANSFER STATION OPERATION; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS as part of a registration process,the agency of the State of Texas requests that the City provide financial assurance of its transfer station operation; NOW,THEREFORE, be it',resolved by the City Council of the City of Huntsville,Texas, that: SECTION 1: The City Council of the City of Huntsville, Texas, hereby assures the State of Texas that the City will provide adequate funds to operate and maintain its Transfer Station Operation for municipal solid waste collected by the City. SECTION 2:This resolution,shall take effect immediately upon passage by City Council. Passed and approved this 11th day of October, 1994. THE CITY OF HUNTSVILLE IIT � I � W. H. Hodges,Mayo ATTEST: � u.aaJ-l�V��U Danna Welter, City Secretary) APP OVED AS TO FORM-!, Scott Bo ds,City Attorney I''I RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 94-14 DESIGNATION OF UNMARKED VEHICLES 10-11-94 RESOLUTION NO.94-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES;AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS Tex. Rev. Civ. Stat art. 6701m-2 generally requires all city owned vehicles to be clearly marked;and WHEREAS state law permits the governing body of a city to designate motor vehicles used by the police for purpose of performing official duties to be unmarked;and WHEREAS the State Departmentl,of Highways and Public Transportation requires that the designation of unmarked motor vehicles be made by resolution describing the motor vehicle; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: Section 1: The following vehicles used by the police department of the City of Huntsville,Texas,for the purpose of performing official city police duties are hereby designated as unmarked vehicles: Year Make Serial Number 1985 Ford IFABP3933FA163396 1985 Ford IFABP3933FA117356 1984 Chev 2G1AN69H5E9253225 1984 Chev IG1AN69H9E9253258 1987 Ford 2FABP72GIHX176355 1986 Dodge 1B3BD26D8GC199506 Section 2: Lt.Gary Howze of the Police Department is hereby authorized and directed to execute any and all forms necessary to receive license plates for these vehicles that do not indicate the vehicles are owned by a government agency. Section 3: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this 11th day of October, 1994. THE CITY OF HUNTSVILLE W.H.Hodges,Mayor ATTEST: / Danna Welter,City Secretary APP OVE A=TO RM: Scott B unds,City Attorney I RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 94-15 EXPECT.TO REIMBURSE EXPENDITURES 11-15-94 i RESOLUTION NO. 94-15 A RESOLUTION 11 declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Huntsville, Texas (the "Issuer") intends to issue debt for the construction of improvements and extensions to the Issuers Waterworks and Sewer System and for improving, renovating, repairing and equipping municipal facilities (the "Projects") and further intends to make certain capital expenditures for theiProjects and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under ':Treas. Reg. § 1.150-2 (the "Regulation"), to fund such reimbursement with proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE,'. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Projects with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Projects is $1,420,000. PASSED AND ADOPTED this November 15, 1994. CITY OF HUNTSVILLE, TEXAS Mayor ATTES City Secretary 0210513 �� e' FIRST SODUMT COMPANY i SII MEMORANDUM TO: Gene Pipes Patricia Allen FROM: Boyd London Joe Morrow DATE: November 10 1994 RE: City of Huntsville Budgeted Project Financing I ANTICIPATION NOTES Anticipation Notes are a relatively new financing tool for Cities. They are authorized by an ordinance passed by the City Council. There is no publication of notice or other formality required. The term of the noted,may be no longer than seven years from the approval date of the Attorney General to final maturity. The notes are secured by a single source of revenues pledged to the repayment of the notes. Anticipation notes offer the advantage of being issued within a short time frame. CERTIFICATES OF OBLIGATION Certificates of Obligation have been available as a financing tool for cities since the early 1970's. They are authorized by an ordinance passed by the City Council. There is a publication requirement that must be met prior to issuance. A notice of intent to issue must be published two times with the first publication being at least fifteen days prior to authorization. A petition of at least 5%of the registered voters,if presented prior to authorization,may force an election be held for voted authorization of the certificates. The term of the certificates may be no longer than 40 years. The certificates are secured by a tax and a pledge of revenues from another source(water and sewer in this case). COST OF ISSUANCE Please see the attached schedule for estimated issuance expenses. These expenses will be included in the size of the issue.! 3� INVEtRMEN't BANKERS T70u Luuiaian,r 51nr1,Sui1r.7G0 f Inushnt,'li'xu,77002.5219.71.1-655-2600•FAX 713-(55-269d ZO'd 800'oN 6Z:ST G6.OT 6011 869Z-SS9-£TL:GI N1SH-MSJ T SPECIFIC OPTIONS FOR HUNTSVILLE The City of Huntsville may use either notes or certificates to finance the listed projects. Since the maximum term of the tax(notes is seven years, a longer amortization schedule would necessitate the use of the certificates. Attached are two debt service schedules that illustrate the use of notes for a seven year term and certificates for a ten year term. Interest rates used are based upon market conditions on November 9, 1994. RECOMMENDATION It is our recommendation that the City of Huntsville issue the Anticipation Notes with a tax pledge. This way,the City may obtain the lowest interest cost possible and use the receipts of the water and sewer funds with)taxes for repayment. £0'd 800'ON 6Z:SI b6,01 AON 8692-SS9-£IL:l1I N1SH-MSd i City of Huntsville Budgeted Projects for 1995 Total By %By General Fund Amount Fund Fund Tractor-Parks/Grcenbelt $ 25,000 Swimming Pool Resurfacing 31,000 Roof repair-Service Ccnter 36,000 Carpct-MJC Building20,000 Library Modifications/A.D.A. 210,737 322,737 23% Water And Sewer Fund Recondition Ave.J Watcr Tower 200,000 Aerial Mapping 570,000 Public Works Hardware/Software 300,000 1,070,000 77% $ 1,392,737 100% Issue Sizing Required Project Funds S 1,392,737 Estimated issuance Costs 25,000 Rounding 2,263 Total issue Si-c S 1,420,000 3� b0'd 800'oN 6Z:ST G6,01 I'�1ON 869Z—SS9—£TZ:QI N1SH—MSd City of Huntsville Estimated Issuance Costs Issue Size of 51,420,000 Estimated Item Cost Financial Advisor $ 10,600 Official Statement Printing 3,500 Distribution 750 Bond Counsel 2,500 Bond Counsel Expenses 500 Attorney General fee 750 Ratings' 6,000 Paying Agent Registrar 350 Coni ingency 50 Total $ 25,000 "Interest Rates for a non-rated issue would be approximately 50 basis points higher. Ratings result in a savings of approximately $24,000 of interest cost. 3S SO'd 800'10N 0£:SI b6,0I 110N 8692—SS9—£IZ:OI N1SH—MSA o 0 0 0 City of Huntsville Anticipation Notes,Sereis 1995 z 0 Qualified Tax Exempt Obligation "? Rates as of 11-8 for a ABaal ui Water& o General Sewer Fund Fund 0 Date Principal Coupon interest Debt Service Portion(23%) Portion(77%) Fiscal Total 0 7/15/95 $ 39,006.25 $ 39,006.25 $ 8,971.44 $ 30,034.81 $ 39,006.25 z — 1/15/96 $ 170,000,00 4.65% 39,006.25 209,006.25 48,071,44 160,934.81 7/15/96 35,053.75 35,053.75 8,062.36 26,991.39 244,060.00 1/15/97 180,000.00 5.15% 35,053.75 215,053.75 49,462.36 165,591.39 7/15/97 30,418.75 30,418.75 6,996.31 23,422.44 245,472.50 1/15/98 190,000.00 5.40% 30,418.75 220,418.75 50,696.31 169,722.44 w 7/15/98 25,288.75 25,288.75 5,816.41 19,472.34 245,707.50 0) 1/15/99 200,000.00 5.55% 25,288.75 225,288.75 51,816.41 173,472.34 LO L N 7/15/99 19,738.75 19,738.75 4,539.91 15,198.84 245,027.50 U) 1/15/00 215,000.00 5.65% 19,738.75 234,738,75 53,989.91 180,748.84 0 7/15/00 13,665.00 13,665.00 3,142.95 10,522.05 248,403.75 N 1115/01 225,000.00 5.80% 13,665.00 238,665.00 54,892.95 183,772.05 7/13/01 7,140.00 7,140.00 1,642.20 5,497.80 245,805.00 Hn 1/15102 240,000.00 5.95% 7,140.00 247,140.00 56,842.20 190,297.80 247,140.00 $1,420,000.00 $340,622.50 $1,760,622.50 $404,943.18 $ 1,355,679.33 'z 0 i 3 N o d o City of Huntsville 0 • Combination Tu Br Revenue Certificates of Obligation a Qualified Tax Exempt Obligation o Rates as of 11-8 for a A/Haal M Water$ General Sewer T Fund Fund rn o Date Principal Coupon Interest Debt Service Portion(231/o) Portion(77%) Fiscal Total 7/15/95 $ 47,478.96 $ 47,478.96 $ 10,920.16 S 36,558.80 S 47,478.96 M 1/15/96 $ 110,000.00 465% 40,696:25 _- 150,696.25 34,660x4 - 116,03 z 7/15/96 38,138.75 38,138.75 8,771.91 29,366.84 188,835,00 1/15/97 115,000.00 5.15% 38,138.75 153,138.75 35,221.91 117,916.84 7/15/97 35,177.50 35,177.50 8,090.83 27,086.68 188,316.25 (�) 1/15/98 120,000.00 5.40% 35,177.50 155,177.50 35,690.83 119,486.68 J 7/15/98 31,937.50 31,937.50 7,345.63 24,591,88 167,115.00 00 1/15/99 130,000.00 5.55% 31,937.50 161,937,50 37,245.63 124,691.88 N 7/15/99 28,330.00 281330.00 6,515.90 21,814.10 190 267.50 to 1/15/00 135,000.00 5.65% 28,330.00 163,330.00 37,565.90 125,164.10 7/15100 24,516.25 24,516.25 5,638.74 18,877.51 187,846.25 LO t> 1/15101 145,000.00 5.80% 24,516.25 169,516.25 38,988,74 130,527.51 ti 7/15/01 20,311.25 20,311.25 4,671.59 15,639.66 189,827.50 ra 1/15/02 150,000.00 5.95% 20,311.25 170,311,25 39,171.59 131,139.66 7/15/02 15,848.73 15,848.75 3,645.21 12,203.54 186,160.00 1/15/03 160,000.00 6.05% 15,848.75 175,848.75 40,445.21 135,403.54 7/15/03 11,008.75 11,008.75 2,532.01 8,476.74 186,857.50 1/15/04 170,000,00 6.15% 11,008.75 181,008.75 41,632.01 139,376.74 7/15/04 5,781.25 5,781.25 1,329.69 4,451.56 186,790.00 1/15/05 185,000.00 6.25% 5,781.25 190,781.25 43,879.69 146,901.56 190,781.25 $1,420,000.00 $510,275.21 $1,930,275.21 $443,963.30 S 1,486,311.91 z x U) MEMORANDUM Date: October 25,1994 From: Patricia Allen,Director of Finance To: Gene Pipes,City Manager Subject: Debt Issues FY 94-95 Budget In your presentation to Council last week on the Comprehensive Planning,you mentioned several areas that relate to the issue of debt. • Utilities issues coupled with hydraulic loading thresholds at the two sewer plants. • Service of sewer to Fish Hatchery Road area. • No tax increase or limited tax increase General Obligation Bond Issue to finance street rehabilitation,new streets,parks,a library of any other General Fund capital improvement. • Distribution of the Elkins Lake debt into the City's Water&Sewer and General Fund. Before the City can know what amount General Obligation Bond Issue can be funded with no tax increase, a determination must be made as,to the distribution of the Elkins Lake debt. In addition to these debt issues,the FY 94-95 budget outlined several projects that were to be funded with debt. The[napping project did not include the newly annexed areas and the Public Works computer project was a multi-phase project. The City can issue a certificate of obligation to the vendor if the payment is[Wade in a lump sum amount at acceptance of the purchased item. If the payments need to be made to more than one vendor or more than one payment needs to be made,the City must issue a certificate of obligation for cash,use lease-purchase financing,or some other alternate form of financing. It may be appropriate to consider a lump sum debt issue: Following is a listing of items to be considered for funding with the combined issue. BUDGET DISCUSS FY 94-95 ANNEXATION FUTURE GENERALFUND Tractor-Parks/Greenspace 1$ 25,000 S 0 S 0 Swimming Pool Resurfacing 31,000 0 0 Roof Repair-Service Center 36,000 0 0 Carpet-MJC Building 20,000 0 0 Library Modifications/A.D.A. 210,737 0 0 SUBTOTAL GENERAL FUND WATER AND SEWER FUND Recondition Ave J Water Tower I'$ 200,000 $ 0 $ 0 Aerial Mappiing 400,000 170,000 0 Public Works Hardware/Software '��i 154,000 0 146,000 SUBTOTAL WATER AND SEWERFUND 1$ 754.000 $ 170.000 $ 146,000 TOTAL i,$ 1.076.737 S 170.000 $ 146.000 TOTAL ':$ 1392,737 3� FULBRIGHT & JAWORSKI L.L.P- A REGISTERED LIMITED LIABILITY PARTNERSHIP HOUSTON WASHINGTON.D.C. 2200 RO55 AVENUE AUSTIN SUITE 2800 SAN AANTONIO D LAS TELEPHONE:214/8SS-8000 I', DALLAS, TEXAS 75201 NEW YORK FIC51MILE:214/855-8200 LOS ANGELES LONDON ZURICH WRITER'S DIRECT DIAL NUMBER: HONG HONG zw/sss-aoza November 9, 1994 VIA FEDERAL EXPRESS Ms.Leann Victory City of Huntsville 1212 Avenue M Huntsville,Texas 77340-4608 Dear Ms.Victory: At the request of Joe;Morrow of First Southwest Company,enclosed herewith are two (2)copies of a reimbursement resolution for adoption by the City Council at their November 15, 1994 meeting. When adopted and executed, one copy is for the City's records and one copy'',is to be returned to us. Should you have any;questions concerning the enclosure,please do not hesitate to contact us. Sincerely, Diane Callahan Senior Legal Assistant DC Enclosures cc: Mr.Joe Morrow (with enclosure) RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 94-16 COMMEND HONORABLE ROBERT E.DELONG 11-29-94 RESOLUTION NO.94-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, COMMENDING THE HONORABLE ROBERT E.DELONG ON HIS SERVICE TO THE CITY OF HUNTSVILLE AS CITY JUDGE. WHEREAS The Honorable Robert E. DeLong was appointed Judge of the Municipal Court of the City of Huntsville on the 12th day of January, 1982, and served his community continuously until his death on November 18, 1994;and WHEREAS During his tenure, Judge DeLong worked tirelessly and effectively to maintain and improve the integrity and reputation for fairness that the Municipal Court had held under his predecessor,the Honorable Martin D. Colley;and WHEREAS Judge DeLong plrovided the initiative and perseverance to establish the two peer courts, "Teen Court" and "Young Adult Court" to allow a greater degree of involvement and;participation in the legal system by our younger citizens; and WHEREAS As Judge, Bob (brought to the bench a great intellect, highly competent legal expertise,an ernPatheticand sensitive social perspective and bi-lingual language proficiency that enabled him to guide the Court through an ever changing legal and social climaie for over twelve years. NOW,THEREFORE,be it r'lesolved by the City Council of the City of Huntsville,Texas, that: SECTION 1: The service of JUDGE ROBERT E.DELONG be commemorated for excellence in service to this community provided in an exemplary manner. SECTION 2: Condolences bel extended to his family on behalf of the City Council and the citizens that we(serve on the occasion of his untimely death. Duly passed and signed this the 29th day of November, 1994,by the hand and seal of the Mayor of the City of Huntsville,Texas. THE CITY OF HUNTSVILLE W. H.Hodges,Mayor ATTEST: /A A&a) Danna Welter,City Secretary APPR VED AS TO FORM: j Scott Bounds,City Attorney I II I i RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 II CONTENTS OF FILE: RESOLUTION 94-17 AUTH.GRANT APP.-D UGNIOLENT CRIME 12-13-94 i RESOLUTION NO.9417 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE SUBN ISSION OF A GRANT APPLICATION TO THE CREKINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR PURPOSES OF FUNDING FOR TWO POLICE OFFICERS TO ADMINISTER TO A GROWING PROBLEK CONCERNING STREET DRUG AND VIOLENT CRIME ACTIVITY WITHIN THE CITY. WHEREAS information and reports received by the Huntsville Police Department indicates an increasing street drug and narcotic problem within certain areas of the community;and WHEREAS street drug activity is contributing greatly to increased violent criminal activity including homicides;and WHEREAS a need exists for closer interaction between police officers and residents of these areas of the community in order to eradicate the drug activity and establish a safer neighborhood environment; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: SECTION 1: That a grant application for the funding of two Police Officers is authorized to be filed on behalf,of the City with the Criminal Justice Division of the Governor's Office. SECTION 2: That the application be for$44,303 of grant funds,and$16,122 matching funds, for the funding of two Police Officers for purposes of identification,interdiction, and incarceration of those offenders associated with street drug and violent crime related activity' SECTION 3: That the City 'Council directs and designates the City Manager as the Chief Executive Officer and Authorized Representative to act in all matters in connection with this application. SECTION 4: This resolution,shall take effect immediately upon passage by City Council. PASSED AND APPROVED this the 13th day of December,1994. THE CITY OF HUNTSVILLE AT W.H.Hodges,Mayor Danna Welter,City Secretary APPR ED AS FORM: i Sco t Bounds,,City Attorney i RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 I CONTENTS OF FILE: i RESOLUTION 94-18 AUTH.GRANT APP.-GANG ACTIVITY 12-13-94 I i it RESOLUTION NO.94-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION OF THE GOVERNOR'S OFFICE FOR PURPOSES OF FUNDING A POLICE OFFICER TO ADMINISTER TO A GROWING PROBLEM CONCERNING GANGS AND THEIR ACTIVITY WITHIN THE CITY. WHEREAS intelligence information received by the Huntsville Police Department indicates no fewer five I gangs are currently active within the City; and WHEREAS reports indica�e these gangs are organized and use the sale of illicit drugs as a primary source of income for funding gang related activities; and WHEREAS existing gangs)are in direct competition with each other which has led to violent assaults and ie carrying of weapons by gang members; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS: SECTION 1: That a grant application for the funding of a Police Officer is authorized to be filed on behalf of the City with the Criminal Justice Division of the Governor's Office. SECTION 2: That the application be for$11,167 of grant funds,and$19,045 matching funds, for the funding of a Police Officer for purposes of identification,processing,and incarceration of those offenders associated with gang related activity. SECTION 3: That the City Council directs and designates the City Manager as the Chief Executive Officer and Authorized Representative to act in all matters in connection wiih this application. SECTION 4: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this the 13th day of December, 1994. THE CITY OF HUNTSVILLE i ATT T: W. H. Hodges,Mayor Danna Welter, City Secretary APP OVED S TO FORM: Scott Bounds, City Attorneys! RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 95-01 HGAC REPRESENTATIVE DESIGNATION 1-24-95 i RESOLUTION 95-01 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY AND BOARD OF DIRECTORS BE IT RESOLVED,by the City Council of Huntsville,Texas that the following be,and they are hereby, designated as the representative and alternate of the General Assembly of the Houston-Galveston Area Council for the year 1995: REPRESENTATIVE DAN S. DAVIS ALTERNATE JIM CARTER FURTHER THAT,they are hereby,designated as the representative and alternate to the Board of Directors of the Houston-Galveston Area Council for the year 1995. THAT, the Executive Director of the Houston-Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this tite 24th day of January 1995. APWRO .�J� Mayor William B. Green 0�a) Danna L. Welter, City Secretary HoustowGalveston Area Council Office of the Executive Director Po Boz 22777•3555 Timmons•Houston,T-as 77227-2777•7131627-3200 January 12, 1995 Hon.Bill Hodges Mayor,City of Huntsville 1212 Avenue M Huntsville,TX 77340 Dear Mayor Hodges: I am writing regarding designation of your city's representatives to H-GAC's 1995 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (1990) to select one member of its governing body as its representative and one member of its governing body as an alternate to the Houston-Galveston Area Council General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 1995 designated representatives begin their terms of office at the Annual Meeting, held in early 1995. If more information concerning General Assembly and Board of Directors membership would be useful,please contact.me or Cynthia Marquez of the staff. Thanks for your help in selecting H-GAC's 1995 General Assembly and Board of Directors. Sincerely, Steele JS:jp Enclosure xc: City Secretary r alb i i RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: RESOLUTION 95-02 ENDORSE AND SUPPORT THE CITY'S W.W.PRETREAT.PROG. 3-21-95 \ Ii RESOLUTION NO. 95-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ENDORSING AND SUPPORTING THE CITY'S WASTEWATER PRETREATMENT PROGRAM; AND MAKING OTHER PROVISIONS,AND FINDINGS RELATED THERETO. WHEREAS The City of Huntsville has developed, pursuant to the Federal Water Pollution Control Act, a'Iwastewater pretreatment program including request for program approval to E.P.A., a description of legal authority, an industrial waste ordinance,an outline of the City's organizational structure and funding,industrial user surveys, monitoring program and equipment, and specific limitations on wastewater discharge; and WHEREAS City Council held a public hearing on the wastewater pretreatment program on March 21, 1995, for which notice was published in the newspaper on March 7 and 17, 1995. WHEREAS City Council has implemented or fully supports and endorses all the program elements; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,that: SECTION 1: The City's wastewater pretreatment program is fully supported and endorsed by City Council,and the City has implemented or is in the process of implementing all the program',elements contained therein. SECTION 2: This resolution shall take effect from and after ten (10)days from its passage by City Council. Passed and approved this 21st day of March, 1995. THE CITY OF HUNTSVILLE William B. Green,Mayor AT-PST: DUA,Clt) Y�(J.�P "l�tJ Danna Welter, City Secretary) API#vEt TO FO L Scott B ds, City Attorney i I I RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: I RESOLUTION 95-03 F.M. 1791 EXTENSION-!DES. 'BLUE"ROUTE 3-21-95 1 i RESOLUTION NO.95-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, DESIGNATING A ROUTE PREFERENCE FOR THE EXTENSION OF F.M. 1791 BY SELECTING THE"BLUE"ROUTE;AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS the City Council received public comments regarding the extension of F.M. 1791 at a Council Meeting on March 21, 1995; and WHEREAS after considering such comments and discussion,the City Council of the City of Huntsville favors the "blue" route for extension of F.M. 1791 through the underpass at Exit 118 on IH-45 to connect with Highway 75 North. NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas, that: SECTION 1: The City Council of the City of Huntsville, Texas, prefers the "blue" route for the extension',of F.M. 1791 (see Attachment "A") as most consistent with transportation',needs of this community. SECTION 2: This resolution shall take effect immediately upon passage by City Council. Passed and approved this 21st day of March, 1995. THE CJITY OF HUNTSSVVILLE William B. Green,Mayor ATT ST: f Datma Iter, Ci ecretary APP /O ED TO FO G� Scott Bounds, City Attorney) II L ---- ------ 2821 75 \ McGnry�.. � �; .� \ ..i•tom:-�-- — �� i \ --- – – STATE \ DEPARTMENT – OF CORRECTIONS - -i ---(3------i ------ "WYNNE ROUTES UNDER CONSIDERATION ------- ------------------------ � (� ––' 1 V'♦ i" '� l.. -� I• '•iia -( / /1'• \7 WEST"HILL • MALL . ------------------- 30 HUNTSVILLE 1 ' N RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: I I RESOLUTION 95-04 SBA TREE PLANTING GRANT I 4-11-95 I I RESOLUTION 95-04 A RESOLUTION OF CITY OF HUNTSVILLE, TEXAS, AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S REPRESENTATIVE IN ALL MATTERS RELATED TO A SMALL BUSINESS ADMINISTRATION TREE PLANTING GRANT THROUGH THE TEXAS FOREST SERVICE, AND COMMITTING RESOURCES, AND AUTHORIZING TREE PLANTING ON THE SITE. WHEREAS the City Council desires to participate in a program to plant trees on City property utilizing small businesses as much as possible;and WHEREAS the City Council agrees to comply with all program rules as set out in the grant program guidelines;and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,THAT: SECTION 1. The City Council of the City of Huntsville is committing the resources needed for the local matching requirement, which totals $2,340.00 in cash and in-kind services. SECTION 2. The City Council authorizes tree planting in the City's Kate Barr Ross Park - Soccer Field Area. SECTION 3. The City Manager is authorized to execute all documents with the Texas Forest Service relating to this Small Business Administration Tree Planting Grant,a copy of the approved application being attached hereto as Exhibit"A". PASSED AND APPROVED THIS I ITH DAY OF APRIL. 1995. THE CITY OF H TSVILLE A&1'__1 William B. breen,Mayor AT ST: I jauu Danna Welter,City Secretary AP ROVED AS TO FORM: cott B unds,City Attorney I For Official Use Only li Gant No. C Amount$ TEXASFORESTSERVICE 1994 Small Business Administration National Trl a Planting Program Grant Application General Information I Please refer to the guidelines accompanying this application for instructional information. If you do not have access to the SBA National Tree Planting Challenge Grant guidelines,contact the Texas Forest Service, College Station,Texas 77843-2136 or call 409/845-2641 for a copy. This application must be completed,along with a 2-page project description and a site plan map. The entire application packet must be no:more than four(4)pages and must be delivered to: SBA Program Administrator Texas Forest Service forest Resource Development Department College Station,TX 77843-2136 Part I.—Project Information arid Authorization Project title Landscaping - Soccer Field Ilrea Organization City of Huntsville Mailing address 1212 AvenuI e M City Huntsville (Pop, 27,995 ), TX ZIP 77340 Contact person Ray Black Telephone No. (409) 294-5721 Trees to be planted on land owned or controlled by City of Huntsville SBA funds requested$ 2.860 Percent of total 55 o/u Local match provided$ 2,340, Percent of total 45 % As a duly authorized representative of this organization making this grant application,I hereby certify that all the information provided heren is true and represents the desires of this organization. Gen i pes, anager ame and tit] of authorized representative 7- re Si ure of authorized epresentative Dale S�" USV C .t" e A cooperative program between the Texas Forest Service S.Small Business Administration Nnn Texas Urban Forestry Council,Inc. 1EXASUra N FORESTRY COUNCIL Part If.—Cost Proposal - ------------Dollars($)-------------- Federal Irl Total Personnel 400.00 400.00 Fringe Benefits Travel Equipment Supplies ton nn '300.00 Contractual: 2.860.00 1,640.00 4.500.00 (trees,planting, consultants,etc.) Total 2,S60.0 9�5t4n 0 52nn nn_ Cash contributed by applicant: 1,640.0 Note: If local contributions include in-kind services,please describe extent of service and by whom. City staff to extend sprinkler system to service tree plantings. Anticipated number of small busithesses to be hired for planting , tree purchases if different 1 , other , total 1 (Do not include small businesses used for purchase of incidental supplies.) Number of street/park trees to be iplanted for this project 30 Number of trees that would be pll nted if M SBA funding is received -0- Part III.—Technical Proposal Each grant application must include a technical proposal of no more than two(2)typed pages. This narrative should address all the points listed below: 1) Objectives:clearly stl to the objectives of the project. 2) Site Description:des�ribe the location where the project will take place. 3) Project Execution:d I escribe work to be done;include number of trees,sizes,species,etc. 4) Maintenance Plan:describe care and maintenance of trees to be provided. 5) Cost Effectiveness:state how funds will be spent and in-kind donations. 6) Small Business Partii cipation:state number of small businesses to be contracted. Part IV.—Forester Certification(Optional) I certify that this project as described and shown to me meets all TFS technical guidelines,or that an appropriate variance from the guidelines has been granted. Signature of TFS Forester Date RESOLUTION NO. `�n/54-//, / A RESOLUTION OF THE CITY OF HUNTSVILLE, TEXAS AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S REPRESENTATIVE IN ALL MATTERS RELATED TO A SMALL BUSINESS ADMINISTRATION TREE PLANTING GRANT THROUGH THE TEXAS FOREST SERVICE, AND COMMITTING RESOURCES, AND AUTHORIZING,TREE PLANTING ON THE SITE. Preamble WHEREAS, the City Council desires to participate in a program to plant trees on city property utilizing small businesses as much as possible; and WHEREAS, the City Council agrees to comply with all program rules as set out in the grant program guidelines; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUNTSVILLE, TEXAS THAT: 1. The City Council of the City of Huntsville is committing the resources needed for the local matching requirement, which totals $2,340.00 in cash and in-kind services. 2. The City Council authorizes tree planting in the city's Kate Barr Ross Park - Soccer Field Area. 3. The City Manager is authorized to execute all documents with the Texas Forest Service relating to this Small Business Administration Tree Planting Grant,a copy of the approved application being attached hereto as Exhibit A. PASSED AND APPROVED the day of , 1995 Mayor ATTEST: City Secretary APPROVED AS TO FROM: CITY COUNCIL APPROVED City Attorney i MEMORANDUM April 6, 1995 TO: F. Boyd Wilder) Director of Public Work THRU: Johnny B. Pot Tete, Assistant Director Operational Services FROM: Ray Black, Parks Superintendent SUBJECT: Small Business Administration Grant Number 94-06-04 Texas Forest Service The city of Huntsville was awarded a grant for matching funds for the planting of trees at the Kate Barr Ross Park soccer field area. i The attached resolution is required from the city council that endorses the project, committing the matching requirements,and authorizing the tree planting at Kate Barr Ross Park. The city's portion of $2340 is included in this year's budget. RB:tkt Attachment it I h� Z)o i Federal Program I Grant Number: 94-06-04 CFDA Number: 59.045 Grant Amount: $2,860 Period: 10-01-94 to 8-3 1-98 Local Match: $2,340 SBA National Tree Planting Program A Cooperative Program Between the Texas Forest Service and the U.S. Small Business Administration GRANT AGREEMENT This Grant Agreement is hereby entered into by and between the Texas Forest Service (TFS), a Member of The Texas A&M University System, and the City of Huntsville, located in Huntsville, Texas, hereafter referred to as 'Grantee.' Article 1. The purpose of this grant is to assist the Grantee with the purchase, planting, and care of 30 trees, of the sizes, species, and at the locations listed on',.the approved grant application. All funds must be used for this purpose and any modifications must be requested in writing and approved bythe TFS. Grantee must raise the entire balance of funds necessary tocomplete the budget as proposed, from non-federal sources. Article 2. The $2,860III grant shall be paid on a reimbursement basis upon submission of approved lost records AND upon passing the field inspection by a TFS Forester. The amount paid will equal 55.0°% of the approved project expenditures, not to exceed the full amount of the grant. The Grantee shall be responsible for a local match of at least $2,340, of which $1,640 will be cash and the remainder will be in-kind donations. Article 3. The Grantee shall only let contracts associated with this grant to firms with 10011 r fewer employees. All grant funds must be used for payments to small businesses for trees, planting services, and other materials and services rIIelating to the establishment and maintenance of trees planted through this grant. Article 4. All landscape and shade tree planting included in this grant must be completed between November 30, 1994 and April 30, 1995, and palm tree plantings must be installed between March 1, 1995 and August 31, 1995. These trees must be planted on lands owned or controlled by local or state governments, and according to the specifications of Exhibit A. Article 5. The Grantee is responsible for maintaining all trees planted through this grant for three full years following planting, as detailed in Exhibit A. The Grantee must replace any dead trees within the period of this Agreement if thelnumber of live trees falls below 90% of the original number planted and included in project cost reports. -z- Article 6. The Grantee must provide the TFS with an official resolution passed by its governing body that authorizes its representative to execute any agreements associated with this grant and commits the organization to the matching contribution as proposed in the grant application and listed above. Article 7. The Grantee mulst provide the TFS with a resolution or letter from the governing body of the entity that owns or controls the property where the trees are to be ',planted. This document must grant permission to the Grantee to install ' nd commit to providing this planting a reasonable protection for!the trees. Article 8. The Grantee shall be responsible for providing proof of payment records for all purchases and in-kind contributions. These include source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract documents, and third party donations. Article 9. Applicable federal cost principles (attached OMB A-87 for governments or OMB A-122 for nonprofit groups), federal program regulations (attached Code of Federal Regulations for Business credit and Assistance) and the Grantee's grant application will be followed in determining reasonableness, allowability and allocation of costs. Article 10. The Grantee agrees to comply with all applicable federal laws, as specified in the attached Assurances and Certification. Grantee's procurement procedures must conform to standards defined in attached Code of Federal Regulations for Business and Credit Assistance. Article 11. The Grantee shall submit a project performance and financial report (and a copy of the Federal Single Audit report, if required) within 60 days of project completion or by October 31, 1995, whichever t comes first. Cosrecords must be retained for three years following conclusion of the project and after other pending matters are closed. Article 12. The State Forester and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers, or other records of subgrantee which are pertinent to the grant in order to make audits, examinations, excerpts, and transcripts. Article 13. If a Grantee materially fails to comply with any term of this award, as stated above, the TFS may temporarily withhold cash payments pending correction of the deficiency by Grantee, disallow all or part of the cost of the activity or action not in compliance, wholly or partly suspend or terminate the current award for the Grantee, withhold further awards for the program, demand repayment of the grant, or take other legally available remedies. 3- Article 14. Except as provided in Article 11, awards may be terminated in whole or part only as follows: a) By the TFS with the consent of the Grantee in which case the two parties shall agree upon the termination conditions and, in the case of partial termination, the portion to be terminated. b) By the Grantee upon written notification to the TFS, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated_ Article 15. The Grantee agrees to hold the Texas Forest Service (TFS) harmless from any injury to person or property occurring in connection with project operations by Grantee, its agents, or employees. Acceptance: We accept this grant subject to the terms and provisions stated above_ Grantee: / Si,cjl,,Iature Titl organization Date Grantor: Bruce R. Miles State Forester Texas Forest Service Date i I SBA Tree Planting Program Grant Agreement--Exhibit A Specifications for Tree Planting Projects Logistical Requirements 1. There must be a site plan map that adequately describes the location of the trees in the project,along with existing features such as other trees,buildings,roads,and utility lines. The plan must conform to municipal or state highway safety codes,if applicable,and sites on state highway rig its-of-way must meet TxDOT maintenance requirements. Note:accurate site plans must be submitted to the inspecting TFS forester at the time of planting before any grant payments will be made. 2. If the trees are to be plant�d on city,county,or state property,the applicant must provide a resolution from the landowner's governing body endorsing the project. 3. Design features not eligiIle for cost sharing are listed below. These items may be included in the project design,but their design and installation cost may not count towards the applicant's local match contribution. a) Shrubs,turf,,and Ilomplimentary ground cover. b) Flag poles or pennant poles;statues or other art work;fountains or other water features;lights and benches;jogging,bicycle,or walking paths;and trash receptacles. 4. Only irrigation systems designed to provide water to individual planted trees are eligible for cost sharing. Lawn s rinkler systems do not qualify for this program. 5. Trees must be maintained for three years following planting. Any tree mortality that brings the number of trees below 90%of the number originally planted must be replaced, although this cost may be applied to the applicant's local match contribution. No grant funds may be used to purchase replacement trees. I Tree Planting ting&Maintenance Specifications Plant Material Selection 1. Refer to the approved species list contained in the application guide(Trees Recommended for Texas. Only tree species for your urban forestry region should be included in your grant proposal. Exceptions to this list will be considered on a case-by-case basis by the!,TFS Forester and approved in writing. Page i SBA Tree Planting Program Grant Agreement--Exhibit A Tree Planting Specifications Tree Size Minimum Mrmmum Sotl Overhead , Tree Lawn or j.` Spacing Area.Per Trey Ufihtres� :' <4: dee,z LARGE 35'in rows; >60'tall 160 ft.'- 20'in groups N N ................... ...............:........ MEDIUM 35'in to 1 ft.'- (30'-60'tall140) ` 20'in groups ? N N .........,.._......._..............................:......... i _.........._..........s...................................... PALMS 20'in rows; z 10'in rou s 80 ft. N N .............................................:...................... ......_P..........:............................................_......._. SMALL i 15'in rows; ....... (<30'tall) 10'in groups 60 ft.' y y Planting Season G Shade and ornamental trees may be planted November I,1994,through April 30,1995. Palms may be planted from March 1,1995 through August 31,1995. Method of Plantin 1. All trees should beatove,d balled-and-burlapped or container-grown. Balled-and- burlapped trees and trees moved with tree spades should be planted as soon as possible after digging. If trees must be stored,root balls must be kept moist and protected from the elements. 2. Containerized planting stock should be inspected prior to planting. Any roots that encircle the root ball and might strangle the tree once planted should be removed. 3. Trees should be planted no deeper than previously grown. Planting holes should be twice the diameter of the root ball. 4. Only the soil removed from the planting hole may be used as backfill,unless some other mixture is specifically approved in advance by the TFS Forester. After Planting Care 1. Trees should be watered thoroughly after planting. Earthen tree wells should be constructed to facilitate water collection and retention. Soil other than that dug from the planting hole may be used when constructing these berms. 2. Only a slow-release nitrogen fertilizer treatment is authorized at the time of planting. The TFS Forester may authorize other fertilizer treatments based on a soil analysis,which is the preferred recommendation. Page 3 CORRECTION This Document Has Been Rephotographed To Assure Legibility. i i Microfilming Target RMD 210(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized. i SBA Tree Planting Program G1 ant Agreement--Exhibit A Specifications for Tree Planting Projects Logistical Requirements 1. There must be a site plan map that adequately describes the location of the trees in the project,along with existing features such as other trees,buildings,roads,and utility lines. The plan must conform to municipal or state highway safety codes,if applicable,and sites on state highway ri hts-of-way must meet TxDOT maintenance requirements. Note:accurate site plans must be submitted to the inspecting TITS forester at the time of planting before any grant payments will be made. 2. If the trees are to be planted on city,county,or state property,the applicant must provide a resolution from the landowner's governing body endorsing the project. II' 3. Design features not eligible for cost sharing are listed below. These items may be included in the project design,but their design and installation cost may not count towards the applicant's local match contribution. a) Shrubs,turf,,andbomplimentary ground cover. b) Flag poles or pennant poles;statues or other art work;fountains or other water features;lights and benches;jogging,bicycle,or walking paths;and trash receptacles. 4. Only irrigation systems designed to provide water to individual planted trees are eligible for cost sharing. Lawn sprinkler systems do not qualify for this program. 5. Trees must be maintaine for three years following planting. Any tree mortality that brings the number of trees below 90%of the number originally planted must be replaced, although this cost may be applied to the applicant's local match contribution. No grant funds may be used to purchase replacement trees. Tree PI ting&Maintenance Specifications Plant Material Selection 1. Refer to the approved sp cies list contained in the application guide(Trees Recommended for Texas). Only tree species for your urban forestry region should be included in your grant proposal. Exceptions to this list will be considered on a case-by-case basis by the TFS Forester and approved in writing. Page I SBA Tree Planting Program �I Gran[Agreement--Exhibit A Tree Planting Specifications li i 2. The minimum trunk size is E/V caliper for shade and ornamental trees and 8 feet in trunk height for palms.( 3. Trees from city tree nurseries are allowed under the program,as long as they meet the minimum specifications ioutlined below. 4. Balled-and-burlapped(Bi&B)and container-grown trees will conform to standards set out in Section 16 of the For2stry Handbook 2n°Edition,and stated below: Tree Trunk Minimum Ball Minimum Volume Size Diameter for for Container- or Caliper B&B Trees Grown Trees ' 1%4" 16 inches 15 gallon 1 2 16 inches 15 gallon P/<" 18 inches 30 gallon 2" 20 inches 30 gallon 2%" 22 inches 45 gallon 3" 24 inches 65 gallon 3%' 28 inches 65 gallon 4" 32 inches 90 gallon 4W' 38 inches 90 gallon Planting Site Selection 1. No tree which will attain a mature trunk diameter greater than 12 inches should be planted in a tree lawn less than 4 feet wide. 2. Street trees should not be(planted within 30 feet of an intersection or within 15 feet of driveways,alleys,utility poles,or fire hydrants. In addition,no tree should be planted where it will obscure traffic safety signs or signals. 3. Only trees with a mature height less than 30 feet(small trees)may be planted directly under utility lines. Trees with mature heights greater than 30 feet must be planted a minimum of 15 feet from the outside edge of the last energized line. 4. The following table summarizes the minimum spacing and soil area requirements for trees planted through this program. Tree size refers to mature height as listed in the "Trees Recommended for,Texas"regional species lists contained in the application guide. Group plantings will be limited to five or fewer trees per group. Page 2 SBA Tree Planting Program Grant Agreement--Exhibit A Tree Planting Specifications ereTree Size lvfinirnum Mtmmum Soil O7; ,eajree LawnorT eYP Spacing ¢ode?;LARGE 35'in rows; (>60'tall) 1 20'in groups160 ft.2N......................................................... .........MEDIUM 35'in rows; 14o ft.2(30'-60'tall) 20'in groups 1 N...._......................_. -.........PALMS 20'in rows; 2 1.0'in groupss0 ft. 1...................................................... N:............. .... SMALL 15'in rows; 10'in groups 60 ft.' Y Y Planting Season 0 Shade and ornamental trees may be planted November 1,1994,through April 30,1995. Palms may be planted from March 1,1995 through August 31,1995. Method of Plantin 1. All trees should be moved balled-and-burlapped or container-grown. Balled-and- burlapped trees and trees'moved with tree spades should be planted as soon as possible after digging. If trees must be stored,root balls must be kept moist and protected from the elements. 2. Containerized planting stock should be inspected prior to planting. Any roots that encircle the root ball and might strangle the tree once planted should be removed. 3. Trees should be planted no deeper than previously grown. Planting holes should be twice the diameter of the root ball. 4. Only the soil removed from the planting hole may be used as backfill,unless some other mixture is specifically approved in advance by the TFS Forester. After Planting Care 1. Trees should be watered thoroughly after planting. Earthen tree wells should be constructed to facilitate water collection and retention. Soil other than that dug from the planting hole may be used when constructing these berms. 2. Only a slow-release nitrogen fertilizer treatment is authorized at the time of planting. The TFS Forester may authorize other fertilizer treatments based on a soil analysis,which is the preferred recommendation. Page 3 i SBA Tree Planting Program Grant Agreement--Exhibit A Tree Planting Specifications 3. A layer of mulch 3 to 4 inches deep is required at the time of planting. Mulch may be either bark granules or chunks,wood chips,or composted leaves. Other materials may be approved by the TFS Foreister. 4. The lower trunk of thin-barked trees exposed to the sun should be protected with a waterproof wrapping material to prevent sun scald. This material should be removed after the first growing season, 5. Corrective pruning at trad splanting consists of removal of dead or injured branches and water sprouts. No other piruning is permitted at planting unless approved by the TFS forester. 6. Trees must be staked at the time of planting using a two or three-point support system. Any staking mechanism should be flexible enough to allow the stem and root system to develop strength. If used',metal guy wires must not touch the tree directly! Instead, attach the tree to either wood or metal stakes(2"X 2"X 6)with wide plastic or nylon straps. Duckbill®earth anchors,or similar products with protective tree collars,may also be used. Stakes must not be driven through the root ball and must be removed the second year. eegular Maintenance 1. Ample soil moisture must be maintained throughout the first and second growing season. This can be determined by feeling the upper layer of the soil for moisture. Supplement rainfall as necessary,usually one to two times per week for hand-watering. Imgation systems should provide for individual tree emitters and systems should be checked regularly to make sure they are working properly. Watering can be skipped if natural rainfall totals 1 ini h or more since the last scheduled watering. Do not overwater! I 2. Mulches must be renewed regularly in order to maintain a depth of 34"and a radius of 24-36"from the trunk of each tree for the three year maintenance period. Proper mulching helps retain water,moderates soil temperature,and can reduce the need for weed control. 3. Tree wells must be kept weed free for the three year maintenance period. This can be accomplished by pulling weeds on a monthly basis or by using a contact herbicide like Glyphosate(Roundup®)according to the label instructions at least twice during the growing season. Prior to;spraying herbicides,remove all sprouts on the tree at ground level and be sure that no herbicide comes into contact with the tree's leaf surface. Mechanical weedeaters and soil-active herbicides may not be used! 4. Established plant materials require a balanced fertilizer for foliage growth at the beginning of each growing season. Page 4 SSURANCES AND CERTIFICATIONS The applicant hereby ass les and certifies that he/she will comply with the regulations,policies, guidelines,and requirements including 13 C.F.R.Part 143;OMB Circulars A-73,A-87,A-88, A-110,(or any regulation which are later promulgated to supplement or replace it),and A-130, as appropriate and as they relate to the application,acceptance and use of Federal funds for this federally assisted project. Also the applicant assures and certifies with respect to the grant/cooperative agreement that: 1. It possesses legal authority to apply for the grant;that a resolution,motion or similar action has been duly adopted or passed as an official act of the applicant's governing body,authorizing the filing of the application,including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the application and to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964(P.L.88-352)and in accordance with Title VI of the Act no person in the United States shall,on the grounds of race,color,or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964(42 USC 2000d) prohibiting employment discrimination where(1)the primary purpose of a grant is to provide employment or(2)discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant-aided activity. 4. It will comply with requirements of the provision of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646)which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 5. If it is a State I'of local governmental entity,that those of its employees whose principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the United States or a Federal agency will comply with the relevant provisions of the Hatch Act. See U.S.C. Sections 1501-1503. 6. It will comply(with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 1 7. It will establish'safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for a private gain for themselves,or others,particularly those with whom they have family, business,or other ties. 8. It will give the grantor agency or the Comptroller General through any authorized representative the access to and the right to examine all records,books,papers,or documents related to the grant. 9. It will comply',with all requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with Office of Management and Budget Circular A-110 (and any regulations which are later promulgated to supplement or replace it.) C.F.R.Part 143 as appropriate. 10. This application does not propose any activities that would involve human beings who might be considered subjects,human material,or personal data from primary or secondary sources. 11. This is to hereby certify that this project does not have an effect on the environment such as on the following areas: natural resources,pollution,populations,and any adverse effect through the delivery of services. 12. This is to hereby acknowledge that the U.S.Small Business Administration has a royalty-free, nonexclusive and irrevocable license the reproduce, publish, or otherwise use,and to authorize others to use any copyrighted materials and reports which shall have been developed under this grant. The recipient also,hereby agrees to notify and provide three copies of any copyrighted materials developed under this grant to the Small Business Administration. 13. This hereby certifies that applicant possesses adequate grant management capabilities as required by OMB circulars and SBA Federal Assistance Administration Regulations and Guidelines in all of the following areas: fiscal administration, facilities management,management information,personnel,planning and budget, procurement and property management. 14. This hereby certifies that applicant meets the standards for fund control and accountability as prescribed in 13 C.F.R.Part 143 or OMB Circular A-110(or any regulations which are later promulgated to supplement or replace it)as appropriate in accordance with the legal status of the applicants organizational status and has established or can demonstrate the willingness and ability to establish procedures that will minimize the time elapsing between the transfer of funds from the Treasury and their disbursement by the grantee if advance payment procedures are used. 2 15. It will ensure that the facilities under its ownership,lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA) list of Violating facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 16. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973,Public Law 93-234,87 stat.975,approved December 31, 1976. Section 102(a)requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 17. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 U.S.C.470),Executive Order 11593,and the Archeological and Historic Preservation Act of 1966 (16 U.S.C.469a-I et seq.)by(a)consulting with the State Historic Preservation Officer on the conduct of investigations,as necessary,to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse bffects(see 36 CFR Part 800.8)by the activity,and notifying the Federal grantor agency of the existence of any such properties,and by(b)complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 18. It will comply with the requirements which provide that no person it the United States shall,on the basis of sex,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any activity receiving Federal financial assistance. 19. It will comply with P.L.93-112 and P.L.93-516 which provide that no otherwise qualified handicapped individual in the United States shall,solely by reason of his handicap, be excluded from participation in, bee denied the benefits of, or be subjected to discrimination under any activity receiving Federal financial assistance. 20. It will comply with P.L.94-135 which provides that no person in the United States shall,on the basis of age,be excluded from participation in,be denied the benefits of,or be subjected to discrimination under any activity receiving Federal financial assistance. 3 21. Certification regarding debarment, suspension, and other responsibility matters: primary covered transactions. Appendix A Certification Regarding Debarment. Suspension and Other Responsibility Matters-Primary Covered Transactions Instructions for Certification 1. By signing and submitting this proposal,the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set our below. The certification or explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However,failure of the prospective primary participant to famish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when j submitted or has become erroneous by reason of changed circumstances. 5. The terns"covered transaction,""debarred,""suspended, "ineligible,""lower tier covered transaction," "participant," "person," "primary covered transaction,""principal,""proposal,"and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 4 I 6. The prospPective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospectiIve participant in a lower tier covered transaction that it is not debarred, suspended, ineligible or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decided the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to, check the Nonprocurement List. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for,transactions authorized under paragraph 6 of these instructions,if a participant in a covered transaction with a person that has been suspended, debarred,1 ineligible, or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government, i the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment Suspension and Other Responsibility Matters-Primary Covered Transactions (1)The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: (a) are not presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; 5 (b) have not within a three-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal,State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph(1)(b)of this certification;and (d) have not within a three-year period preceding this application/proposal had one or more public transactions (Federal,State or local)terminated for cause or default. (2)Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Appendix B Certification Regarding Debarment Suspension Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions Instruction for Certification 1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant leamslthat its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 6 I i it 4. The terms"covered transaction,""debarred,""suspended,""ineligible,""lower tier covered transaction," "participant," "person," "primary covered transaction," "principal,""proposal,"and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tiercovered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participation further agrees by submitting this proposal that it will include this clause titled"Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7 A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended, ineligibld,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the Nonprocurement List. 8. Nothing containedin the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by the clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,ineligible,or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may purse available remedies,including suspension and/or debarment. 7 !Certification Reeardine.Debarment Suspension Ineligibility and Voluntm Exclusion-Lower Tier Covered Transactions (1) The prospective lower tier participant certifies,by submission of this proposal, that neither it nor its principals is presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. i Appendix C-Certification Regarding Compliance With Section 5153 of the Drug-Free Workplace Act of 1988 Public Law 100-690,Title V Subtitle D By signing and submittin this proposal the applicant is providing the certification set out below. I. The applicant he certifies that it will provide a drug-free workplace by-- (A) publishing'a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited iin the applicant's workplace and specifying the actions that will be taken against employee for violations of such prohibition; (B) establishing a drug-free awareness program to inform employees about-- (i) the dangers of drug abuse in the workplace; (ii)the gra'ntee's policy of maintaining a drug-free workplace; (iii) any available drug counseling, rehabilitation, and employee assistance programs;and (iv) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (C) making it airequirement that each employee to be engaged in the performance of the grant,be given a copy of the statement required by subparagraph(A); I (D) notifying the employee in the statement required by subparagraph(A),that as a condition!of employment is such grant,the employee will-- (i) abide by the terms of the statement;and (ii)notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction; 8 it (E) notifying the granting agency within 10 days after receiving notice of a conviction under subparagraph (D)(ii) from an employee or otherwise receiving factual notice of such conviction; (F) taking onel,of the following actions,within 30 days of receiving notice under subparagrap h(d)(2),with respect to any employee who is so convicted-- (i) taking appropriate personnel action against such an employee,up to and including termination;or (ii)requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (G) making a good faith effort to continue to maintain a drug-free workplace through implementation of subparagraphs(A),(B),(C),(E),(F),and(G). The grantee shall insert in the space provided below the site(s)for the performance of work done in connection with the specific grant; Place of Performance(Street Address,City,County,State and zip code) 2. The applicant hereby certifies that,as a condition of this grant,he/she will not engage in the unlawful manufacture,distribution,dispensing,possession,or use of controlled substance in conduction any activity with such grant. i Appendix D-Certification Regarding Lobbying Certification for Contracts Grants Loans and Cooperative Agreements The undersigned certifies,to the best of his/her knowledge and belief,that: (1) No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned;to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,and officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of and Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 9 (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing of attempting to influence an officer of employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal I ontract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Farm-111, "Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents of all subawards at all tiers(including subcontracts, subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. I This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S.Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The applicant also certifies that the information in these assurances and certifications in support of this application is cor,iect to the best of his/her knowledge and belief and the filing of this application has beep duly,authorized. City of Huntsville II,' (Legal Name of Applicant) 1212 Avenue M, Huntsville, Texas 77340 (Addres (Signo4e of Authoriz d Officer) (Date of Application) to �I RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILE: I RESOLUTION 95-05 HONOR BETTY TACKETT RETIREMENT 4-25-95 �f I i i i I i I� RESOLUTION NO.95-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,HONORING THE RETIREMENT OF DISTRICT CLERK BETTY TACKETT. WHEREAS The City of Huntsville has been well served by a number of loyal,diligent and hard working ell iployees through out its history;and WHEREAS The City has' "graduated" a number of employees to positions in other governmental agencies where they have distinguished themselves and the City, with their stature and accomplishments;and I WHEREAS The alumni of the City have ranged far and wide, both geographically and professionally,a few have just moved over to the Walker County Courthouse,and continued their'icalling;and WHEREAS The Honorable,Betty Tackett.Clerk of the District Court is a preeminent example of a former City employee,Municipal Court Clerk,who took her experience with our organization to the next level with professionalism,dignity,and aplomb. NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas,that: Betty Tackett be recognized and commended for her many years of distinguished public service to her City and County upon her retirement. Duly passed and signed this the 25th day of April, 1995,by the hand and seal of the Mayor of the City of Huntsville,Texas. THE CITY OF HUNTSVILLE AT T: William B. Green,Mayor Si Danna Welter,City Secretary API �VE S TO FORM: Scott Bounds,City Attorney I', Ordinances,Orders Resolutions RECORDS SEES TITLE: Ord , SCHEDULE NO.: 1000-05 SII CONTENTS OF FILE: RESOLUTION 95-06 HUNTS.MUN.AIRPORT IMPROVEMENTS 7-11-95 i RESOLUTION NO. A RESOLUTION OF THE CITY OF HUNTSVILLE,TEXAS, AUTHORIZING ITS CITY MANAGER OR MAYOR TO EXECUTE CONTRACTS FOR THE IMPROVEMENT OF THE HUNTSViILLE MUNICIPAL AIRPORT WHEREAS the City of Huntsville intends to make certain improvements to the Huntsville Municipal Airport described in Exhibit"A" attached hereto; and WHEREAS the City of Huntsville intends to request financial assistance from the Texas Department of Transportation for these improvements; and WHEREAS the City of Huntsville intends to name the Texas Department of Transportation as its agent for the purposes of applying for, receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements; NOW THEREFORE,BE IT RESOLVED,that SECTION 1: The City of Huntsville hereby directs its City Manager or Mayor to execute on behalf of the City of Huntsville,at the appropriate time,and with the appropriate authorizations of this governing body,all contracts and agreements with the State of Texas,represented by the Texas Department of Transportation,and such other parties as shall be necessary and appropriate for the implementation of the improvements to the Huntsville Municipal Airport. SECTION 2: This resolution shall take effect immediately. APPROVED AND ADOPTED THIS 11TH DAY OF JULY, 1995. THE/CITY OF HUNT�f"MLLE William B. Green,Mayor ATTEST: Danna Welter, City Secretary I'I APP OVED. Scott Bounds, City Attorney SCOPE FIVE YEAR CAPITAL IMPROVEMENT PROGRAM-1996-2000 Texas Department of Transportation-Aviation Division Locations,Based Aircraft,Projects,and Costs June 9, 1995 Project Costs City and Airport Based Aircraft Project Description Total Federal State Local Huntsville 33 Acquire land for RW 18 approach(33 ac.) 83,000 0 74,700 8,300 Rehab RW 18-36(5000x100)Slurry Seal $164,000 $0 $147,600 $16,400 Huntsville Municipal Stripe and mark RW 18-36(37700 sf)FAA Specs 35,000 0 31,500 3,500 Rehab and mark parallel TW to RW 18-36(6000x40) 85,000 0 76,500 8,500 Rehab hangar access TW(1000 sy) 27,000 0 24,300 2,700 Improve drainage along TW and RW 65,000 0 58,500 6,500 Clear and grub trees in safety area(2.2 ac) 15,000 0 13,500 1,500 Install erosion/sedimentation controls 15,000 0 13,500 1,500 Repair and rehab apron(20,000 sy) 76,000 0 68,400 7,600 Site preparation for apron expansion 85,000 0 76,500 8,500 Expand apron(200x300) 220,000 0 198,000 22,000 $870,000 $0 $783,000 $87,000 /\ Y Cit of Huntsville "TO BUILD AND SERVE A BETTER COMMUNITY" HUNTSVILLE,TEXAS 77340 1212 AVE.M (409)295-6471 July 12, 1995 Mr. David S. Fulton, Director Aviation Division Texas Department of Transportation P. O. Box 12607 Austin, TX 78711 Dear Mr. Fulton: The City of Huntsville, Texas, by this letter and accompanying resolution indicates its intent to pursue financial assistance from the Texas Department of Transportation for the improvements to the Huntsville Municipal Airport described in the attachment to this letter. The cost of these improvements is presently estimated to be about$870,000.00. The City of Huntsville understands that financial assistance may be available for 90 percent of the eligible costs. The remaining share of eligible costs and any ineligible costs shall be the responsibility of the City. The City further understands that its full share of the estimated design costs shall be due in cash upon Texas Department of Transportation written request, or within 30 days of complete execution of the Airport Project Participation Agreement. The City of Huntsville further understands that remaining balance of the estimated project costs shall be due in cash upon Texas Department of Transportation written request prior to construction. The City of Huntsville also indicates its intent to enter into an Airport Project Participation Agreement with The Texas Department of Transportation, naming the Texas Department of Transportation as its agent for the purposes of receiving and disbursing all funds for these improvements and for the administration of contracts necessary for the implementation of these improvements. Mr. David S. Fulton, Director July 12, 1995 Page 2 The City of Huntsville has reviewed the text of the Texas Department of Transportation's standard "Airport Project Participation Agreement," and has found the terms and conditions of the Agreement to be acceptable. Sincerely, WiG��2.O William B. Green Mayor WBG/dw Attachment cc: Gene Pipes, City Manager Glenn Isbell, City Engineer RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS Or PILE: f u'&c/. -16 01mb �.Y/121c�2 e e IU-3 -9� RESOLUTION 95-07 A RESOLUTION declaring expectation to reimburse expenditures with proceeds of future debt. WHEREAS, the City of Huntsville, Texas (the "Issuer") intends to issue debt for the purpose of constructing improvements and extensions to the City's combined Waterworks and Sewer System, including sewer collection and treatment facilities (the "Project") and further intends to make certain capital expenditures for the Project and currently desires and expects to reimburse such capital expenditures with proceeds of such debt; WHEREAS, under Treas. Reg. S 1.150-2 (the "Regulation") , to fund such reimbursement with proceeds of tax-exempt obligations the Issuer must declare its expectation to make such reimbursement; and WHEREAS, the Issuer desires to preserve its ability to reimburse the capital expenditures with proceeds of tax-exempt obligations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS THAT the Issuer reasonably expects to reimburse capital expenditures with respect to the Project with proceeds of debt hereafter to be issued by the Issuer, and that this resolution shall constitute a declaration of official intent under the Regulation. The maximum principal amount of obligations expected to be issued for the Project is $16,000,000. PASSED AND ADOPTED this October 3, 1995. CITY/OFHUNTSVILLE TEXAS Mayor, William B. Green ATTEST. L4i City Secretary, Danna Welter ansiz7 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: R E S O L U T I O N 95-08 WHEREAS, theCity Council of the City of Huntsville , Texas, recognizes the need for the various cities that are being served by the same utilities to share information and concepts h concerning the regulation of the rates and rules of such public utilities. The City Council further deems it advisable to join in the formation of a coalition of cities and counties in utility matters and to that end deems it to be in the best interest of the citizens of the City of Huntsville to become a member of a nonprofit organization known as the Coalition of Cities and Counties, Inc. The purpose of which is to organize the units of local government in matters relating to the regulation of rates and services of public utilities serving the constituents of the various members of the coalition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE - , TEXAS: That the City of Huntsville be, and it is hereby authorized to become a member of the Coalition of Cities and Counties, Inc. and to pay the dues necessary to maintain its membership therein and hereby appoints Gene Pines as its representative to represent the City of Huntsville in such organization. IT IS FURTHER RESOLVED that nothing herein shall be construed as limitations upon the City of Huntsville 's regulatory powers or its duties and it is not delegating its power to regulate 1 to any organization and reserves all of its powers and utility matters to the City Council of the City of Huntsville PASSED BY Unanimous vote of the City Council of the City of Huntsville Texas, this 3rd day of October THE CITY OF Huntsville , TE BY: i liam B. Green , MAYOR ATTES : Welter , CITY SECRETARY APPROWD AS TO FORM: Scott Bou ds , CITY ATTORNEY 2 RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF FILL: RESOLUTION NO.95-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,SUBMITTING NOMINEES FOR THE BOARD OF DIRECTORS OF THE WALKER COUNTY APPRAISAL DISTRICT. WHEREAS Section 6.03 of the Texas Tax Code provides for the nomination and election of a Board of Directors for Appraisal District;and NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas,that: SECTION I: The City of Huntsville,Texas,a taxing unit,nominates the following for positions on the Board of Directors of the Walker County Appraisal District. Fred Cherry Jerry Larrison Ralph Lawson Sue Martin J.S.Robinson Joyce Robinson Willie Williams SECTION 2: These nominations are authorized by this resolution of City Council as adopted on this the 24th day of October,1995. THE CITY OF HUNTSVILLE William B.Green,Mayor ATTEST: Danna Welter,City Secretary APP OVED: n , Scott Bounds,City Attorney RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: --�ffx Slqtii;h, 'Ort >Yv-' RESOLUTION NO.945 AUTHORIZING AND DIRECTING THE EXECUTION OF THE TRINITY RIVER AUTHORITY OF TEXAS-CITY OF HUNTSVILLE WATER TREATMENT FACILITIES,WATER TRANSMISSION AND CLEAR WELL STORAGE FACILITIES AMENDATORY CONTRACT,AND PROVIDING FOR THE EFFECT OF SAID RESOLUTION AND CONTRACT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: SECTION I That,for and on behalf of the City of Huntsville,the Mayor of the City of Huntsville is hereby authorized and directed to sign,deliver,and otherwise execute,and the City Secretary of the City of Huntsville is hereby authorized and directed to sign,attest,and seal,the Trinity River Authority of Texas-City of Huntsville Water Treatment Facilities,Water Transmission and Clear Well Storage Facilities Amendatory Contract(the"Amendatory Contract")in substantially the form and substance attached to this Resolution and made a part hereof for all purposes. SECTION 2 That,upon its execution by the parties thereto,the Amendatory Contract shall be binding upon the City of Huntsville in accordance with its terms and provisions. SECTION 3 That this Resolution shall be effective immediately from and after its adoption, and all ordinances and resolutions of the City of Huntsville in conflict herewith are hereby amended to the extent of such conflict,and any contracts or agreements authorized thereby are hereby amended to the extent of such conflict. l AT =A/=PR"��VED: CityAttom RECORDS SERIES TITLE: Ordinances,Orders,Resolutions SCHEDULE NO.: 1000-05 CONTENTS OF PILE: 1/ctt✓�Qi%P r�saa 1�1s+.�3c�.�d RESOLUTION NO.95-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS,DETERMINING THE VOTE OF THE CITY COUNCIL FOR CANDIDATE(S)TO THE BOARD OF DIRECTORS OF THE WALKER COUNTY APPRAISAL DISTRICT; AND MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO. WHEREAS Section 6.03 of the Texas Tax Code provides for the nomination and election of a Board of Directors for Appraisal District:and WHEREAS The governing body of each taxing unit entitled to vote shall determine its vote by resolution and submit it to the Chief Appraiser of the Appraisal District before November 24;and WHEREAS The governing body may cast all its votes for one candidate or distribute them among candidates for any number of directorships:and WHEREAS A copy of the official ballot is attached hereto:and WHEREAS In 1995,the City of Huntsville has 789 votes; NOW,THEREFORE,be it resolved by the City Council of the City of Huntsville,Texas,that: SECTION 1: The City Council of the City of Huntsville,Texas,hereby casts its votes for the Walker County Appraisal District Board of Directors as follows: SueMartin .....................................................789 SECTION 2: The Mayor is hereby authorized and directed to execute the official ballot of the City and to deliver its votes to the Chief Appraiser before November 24,1995. SECTION 3: This resolution shall take effect immediately upon passage by City Council. Passed and approved this 71h day of November,1995. THE CIITTY OF HUNTSVILLE William B.Green,Mayor ATTEST: -tt), e t; Danna Welter,City Secretary APPROVED AS TO FORM: — o� Scott Bounds,City Attorney Walker County Appraisal District JURISDICTIONS: APPRAISAL DISTRICT BOARD City of Huntsville CHAIRMAN Cay of New Waverly Ralph Lawson City of Riverside VICE.CHAIRMAN P.O.BOX 1798(1819 SYCAMORE) Elkins lake M.U.D. Fred Cherry HUNTSVILLE.TEXAS 77342-1798 Huntsville I.S.D. SECRETARY 409295-0402 New Waverly I.S.D. Richards I.S.D. I.S.Robinson Welker County Walker Co.Hospital District Jerry Lamson Walker Co.Fre District MI Sue Wain Walker Co.Fite District M2 Joyce Robinson Willie Williams CHIEF APPRAISER Grover A.Cook DATE: October 26, 1995 TO: Voting Jurisdictions of Walker County FROM: Walker County Appraisal District SUBJECT: Official Ballot to Select CAD Board of Directors for 1996-98 Enclosed is the official ballot listing of the nominees to be voted on for the CAD Board of Directors for 1996-98. Each voting jurisdiction is to vote on the nominees for seven seats in an open meeting and submit a written resolution to our office by November 24, 1995. Please place this item on a meeting agenda prior to that date in order for the resolution to reach our office by the stated deadline (November 24, 1995). If you have any questions please let us know. CITY COUNCIL APPROVED 1r-7-qs Walker County Appraisal District APPRAISAL DISTRICT BOARD — JURISDICTIONS: CHAIRMAN City of Huntsville Ralph L tt— City of New Waverly VICE.CHAIRMAN City of Riverside Fred Chcsry P.O.BOX 1798(1819 SYCAMORE) Elkins lake M.U.D. HUNTSVILLE,TEXAS 77342-1798 Huntsville I.S.D. SECRETARY 409295-0402 New Waverly 1S.D. J.S.Robinson Richuds I.S.D. Walker County J-y Larrfs'n Walter Co.Hospital District Sue Mani' Walker Co.Fite Dislrict MI Joy¢Robirtwn Wa1ke,Co.Fite District p2 Willie Williams CHIEF APPRAISER Grover A.Cook OFFICIAL RALLCTT In compliance with the State Property Tax Code, Section 6.03, candidates to fill the seven seats on the Walker County Appraisal District Board for the 1996-98 term are to be voted on from the following list of nominees: CANDIDATES VOTES CAST *Fred Cherry *Jerry Larrison *Ralph Lawson *Sue Martin Don Moore Frank Robinson *J.S. Robinson *Joyce Robinson *Willie Williams *Denotes Incumbent Jurisdiction Presiding Officer ATTEST: DATE Voting Entitlement Walker County Appraisal District Board Election 1996-98 Election VOTING UNITS LEVY PERCENTAGE X 1000 X 7 = VOTES Huntsville I.S.D. 10,282,754 56.11 X 1000 X 7 = 3,928 City of Huntsville 2,065,731 11.27 X 1000 X 7 = 789 City of Riverside 20,999 .12 X 1000 X 7 = 8 City of New Waverly 48,473 .27 X 1000 X 7 = 19 New Waverly I.S.D. 971,849 5.30 X 1000 X 7 = 371 Richards I.S.D. 125,835 .68 X 1000 X 7 = 48 Walker County 4,810,172 26.25 X 1000 X 7 = 1,837 Total 18,325,813 1008 X 1000 X 7 = 7,000 NOTE: The above number of'',votes for your jurisdiction may be divided among all seven candidates. 7 RECORDS SERIF=S TITLE: Ordinances,Orders,Resoluliohs SCIJEI�Ut,r NO.: 1000-05 CONTENTS OF PILE: _�19. GF unnl�ir ked veh i Cies RESOLUTION NO.95-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS DESIGNATING CERTAIN CITY OWNED VEHICLES AS UNMARKED VEHICLES;AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. WHEREAS Tex.Rev.Civ.Stat.art.6701m-2 generally requires all city owned vehicles to be clearly marked; and WHEREAS state law permits the governing body of a city to designate motor vehicles used by the police for purpose of performing official duties to be unmarked;and WHEREAS the State Department of Highways and Public Transportation requires that the designation of unmarked motor vehicles be made by resolution describing the motor vehicle; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,TEXAS, that: Section 1: The following vehicles used by the police department of the City of Huntsville,Texas,for the purpose of performing official city police duties are hereby designated as unmarked vehicles: Year Make Serial Number 1985 Ford IFABP3933FA117356 1987 Ford 2FABP72GIHX176355 1986 Dodge 1B3BD26D8GC199506 Section 2: Lt.Mark Pemberton ofthe Police Department is hereby authorized and directed to execute any and all forms necessary to receive license plates for these vehicles that do not indicate the vehicles are owned by a government agency. Section 3: This resolution shall take effect immediately upon passage by City Council. PASSED AND APPROVED this 12th day of December,1995. THE CITY OF HUNTSVILLE William B.Green,Mayor A EST: Dannal elter,City Secretary APP VE O FO ScottBou s,City Attorney FOR DEPT.USE ONLY DATE 'COUNTY ISSUED Year Make of Body Present Lic.No. Equip.No. Model Vehicle Style Motor Vehicle Identification No. if any Year Lic.No. 85 Ford 4dr 1FABP3933FA117356 95 580JZY 51-480 86 ode 4dr 1B3BD26D8GC199506 95 LHY41N 51-535 87 Ford 4dr FABP72G1HX176355 95 FVSO4H 51-655 Vehicle(s)shown above will be operated by Huntsville�li1, Dept. Crim n hlny_._Da yj_ Qn Name of Exempt Agency Department /Al�l s liste bove will be used exclusively by this agency to maintain public safety and welfare. /-��F-ava>�J Lieutenant 1220 11th Street Huntsville _,Texas 77340 _ Signet— f Autbori—d Agent Title Mailing Add— City Zip Code Form D12-119(back) 40 CERTIFICATE OF AUTHENTICITY Texas State LibraryQB,� State Record Center REEL#: 1 CAMERA: 71 IMAGES: 2033 APPROVAL#: M97-039-01 Records Filmed For: City Of Huntsville City Secretary Records Series Title: Ordinances,Orders and Resolutions Inclusive Dates of Records: 01/1888 - 12/1995 Starts With: Resolution 1930 Ends With: Resolution 95-11 CERTIFICATION I HEREBY CERTIFY THAT THE MICROPHOTOGRAPHS APPEARING IN THIS REEL OF MICROFILM ARE TRUE COPIES OF THE ORIGINAL DOCUMENTS LISTED ABOVE. 9/19/96 DATE � SIGNATURE OF CAMERA OPERATOR Microfilming Target l/ RMD 201(June 1992) Texas State Library State Records Center ORDINANCES, ORDERS AND RESOLUTIONS CITY SECRETARY � CITY OF HUNTSVILLE ENI:) OF REEL N CIE Microfilming Target RMD 203(August 1987) Texas State Library Reproduction of this form at the agency State Records Center level is authorized CONTROL TEST TARGET Kodak Quality Monitoring Program o lod— 200 mm 11771 VIII1-1 jlu2.1 jijj2.2=Z.=5 1-1 12.11 11�1112.55 VIII I.O 1j" 1111111 111112.5 "12 VIII 2_2 a-0 1-1 j� F36 1-0 VIII— VIII— VIII= IIIA L25 I 1=4 VIII 1.66 IIID 1.25 -6 VIII_�2_5 III I.4 VIII -6 3 O 3 LINE BACKGROUND Ae BI CC Da Ee F1 Gy 1�l�1,KIUnnm N,0.P,no I S�1.1.1.1., 11 Z'0 1]1e 56 7 8 9 1 o 11 12 15 11 17 1 21 21 22 21.-.5 76] .5]93n 31 32 33 34 353637 38 39 11.1 42 43 11 v5:6 11 11111 A,BbCc'DdE.FfGgHhl.jjKkLIM.MnO.PPGqR'SsTUuVv W.X.Y,�D123456789TOlI_3 14T5t6l7l8lQ2O2lll231121212718113131"""""3)3! 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