City Council Meeting Agenda Packet 7-20-2021Page 1 of 3
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 6TH
DAY OF JULY 2021, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF
HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M.
The Council met in a workshop and regular session with the following:
COUNCILMEMBERS PRESENT: Daiquiri Beebe, Russell Humphrey, Dee Howard Mullins, Joe P.
Rodriquez, Andy Brauninger, Pat Graham, Vickie McKenzie, Bert Lyle, Blake Irving
COUNCILMEMBERS ABSENT: Blake Irving
OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City
Attorney
WORKSHOP [5:00 P.M.] The City Council discussed the Comprehensive Plan with the planning commission.
MAIN SESSION [6 P.M.]
CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES
U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God,
one, and indivisible.
Councilmember McKenzie gave the invocation and Mayor Brauninger led the pledges.
1. PUBLIC HEARING
a. Public hearing to hear comments on the City’s intent to submit a grant application to the U.S.
Department of Justice for the FY 2021 Local Edward Byrne Memorial Justice Assistance Grant
(JAG) Program.
The public hearing was opened at 6:03 p.m. Grant Manager Kristie Hadnot gave an overview of the JAG
Program. No one spoke for or against the grant application. The public hearing closed at 6:07 pm
2. CONSENT AGENDA
Public Comments will be called for by the presiding officer before action is taken on these items.
(Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with
staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory
Agenda for full discussion by request of a member of Council.)
a. Approve the minutes of the regular City Council meeting held June 15, 2021. [Kristy Doll, City
Secretary]
b. Approve the minutes of the City Council workshop held June 4, 2021. [Kristy Doll, City Secretary]
c. Consider authorizing the City Manager to apply for the U.S. Department of Justice – FY 2021
Edward Byrne Memorial Justice Assistance Grant (JAG) Program, enter into an Interlocal
Agreement with Walker County, and adopt Resolution 2021-13 in support of the same [Kristie
Hadnot, Grants Manager]
d. Consider authorizing the City Manager to award the purchase of a new centrifuge controller for
the Robinson Creek Wastewater Treatment Plant, to Brandon and Clark, Inc., in the amount of
$109,717.50. [Brent Sherrod, P.E., Public Works Director]
e. Consider authorizing the City Manager to enter into a contract for the purchase and installation
of one (1) 400KW generator; relocation and installation of one (1) 250KW generator; purchase and
installation of one (1) 400 Amp Automatic Transfer Switch for a total of $168,469.00 with
McDonald Municipal & Industrial. [Brent Sherrod, P.E., Public Works Director]
Councilmember Beebe made a motion to approve the consent agenda; the motion was seconded by
Councilmember McKenzie. The motion was adopted, 8-0.
Page 2 of 3
RESOLUTION NO. 2021-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF THE APPLICATION FOR THE FY 2021 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM TO THE U. S.
DEPARTMENT OF JUSTICE FOR EQUIPMENT; 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 FY 2021 JAG
PROGRAM.
ORDINANCE NO. 2021-20
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2020-2021
ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP) BUDGETS,
ORDINANCE NO. 2020-43 TO AMEND ADOPTED EXPENDITURES OF THE BUDGET; AND
DECLARING AN EFFECTIVE DATE.
3. STATUTORY AGENDA
a. First Reading-Consider authorizing the City Manager to award the purchase of Street
Milling/Overlay Services, [Brent Sherrod, P.E., Public Works Director]
Councilmember Humphrey made a motion to temporarily suspend the rules of procedure by waiving the
two-reading requirement and to authorize the City Manager to award the purchase of Street
Milling/Overlay/Rehab Services, to Vulcan Construction in the amount of $1,656,881.29; the motion was
seconded by Councilmember Graham. The motion was adopted, 8-0.
b. Consider adoption of Ordinance 2021-20 to amend the budget for FY 20-21 and/or CIP Project
budgets [Steve Ritter, Director of Finance]
Councilmember Beebe made a motion to adopt Ordinance 2021-20 to amend the budget for FY 20-21
and/or CIP Project budgets; the motion was seconded by Councilmember McKenzie. The motion was
adopted, 8-0.
4. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Consider location for the construction of a new Animal Control Facility. [Aron
Kulhavy, City Manager]
Councilmember Beebe made a motion to construct the new Animal Control Facility at the Transfer
Station; the motion was seconded by Councilmember Graham. The motion was adopted, 8-0.
5. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the
discussion. No action will be taken.
None submitted.
6. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
None
7. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and
Page 3 of 3
City staff, for which no action will be discussed or taken.)
Mayor Brauninger announced that The City of Huntsville will 186 years old on July 12th. The
@VisitHuntsvilleTX Facebook page is hosting a 12-day contest encouraging the community to visit locations
around town and take photos using #VisitHuntsvilleTx. On July 12, we will give away a gift basket to whoever
posts the most photos. Additionally, we will also be handing out birthday goodie bags from 8 AM-5 PM on
July 12 at City Hall.
Councilmember Humphrey mentioned that The City of Huntsville will be reinstating shut offs for water
service effective August 1, 2021, for City utility customers who are past due on their accounts. For
customers, whose accounts are delinquents and need assistance to become current on their account,
the COME Center currently has funds to assist customers who meet the requirements for assistance.
The COME Center can be contacted at 936 295-0671, or their physical address is 342 State Hwy 75
N.
Councilmember McKenzie thanked everyone who participated in our Bearkat Celebration & Parade! The
City of Huntsville was so excited to see all the hard work and creativity everyone put into their floats. Here
are the winners posing with their trophies!
1. Emblem Properties - Best Use of Theme
2. Bearkat Bail Bonds - Most Creative
3. SHSU Alums & Friends - Most Spirited
Mayor Brauninger announced that The City of Huntsville has partnered with Fishing Futures and Texas Parks
and Wildlife Department to bring a fun filled day of fishing at 9 AM on July 31 at the Huntsville State Park.
We ask that parents or guardians accompany children during the instructions and afterwards we will begin
fishing! Each child will go home with awesome prizes and a Junior Angular certification! Both fishing
equipment and bait will be provided. No fishing license is required. For pre-registration call 936-294-5721 or
register online at huntsvilletx.gov.
8. EXECUTIVE SESSION
a. City Council will convene in closed session as authorized by Texas Government Code, Chapter
551, Section 551.072 Deliberations Regarding Real Property – Acquisition of property for City
Hall.
The Council convened into Executive Session at 6:41p.m.
9. RECONVENE
The Council reconvened in open session at 7:07 p.m.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 7:07 p.m.
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________
Kristy Doll, City Secretary Andy Brauninger, Mayor
Agenda Item # 1b Page 1
Item/Subject: Consider authorizing the City Manager to enter into an agreement with Strand
Associates, Inc. for professional engineering services for AJ-11 Basin Gravity Sanitary Sewer
Improvements Project, Project No. 21-04-01.
Initiating Department/Presenter: Engineering
Presenter: Y. S. “Ram” Ramachandra, City Engineer
Recommended Motion: Move to authorize the City Manager to enter into an agreement with Strand
Associates, Inc. for professional engineering services for AJ-11 Basin Gravity Sanitary Sewer
Rehabilitation Project, Project No. 21-04-01.
Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient manner.
Discussion: Based on the findings of condition and capacity study during 2015-2016 of Citywide
Wastewater (sewer) Collection System (2016 Study), AJ-11 Basin Gravity sanitary sewer rehabilitation
project was identified as one of the projects to be considered for implementation during 2016-2021
period.
Overall project segment length is approximately 9,100 linear feet (location map attached). Existing
sanitary sewer line in the project segment lack capacity to convey peak wet weather flows and is
hindering from supporting future development. Proposed upsizing provides needed additional capacity
for peak wet weather flows, will prevent surcharging, and provides capacity for future growth. This
funding is a continuation in the series of funds made available since 2017 to continue to improve and
extend the service life of sanitary sewer system throughout the City with long-range sustenance in mind.
Upon the City’s solicitation, Strand Associates, Inc., Brenham, Texas, has provided a scope and fee
proposal to provide professional engineering services for survey, design, bidding and construction
support services for this project.
Strand Associates is well suited to provide professional engineering services for providing professional
engineering services for AJ-11 Basin Gravity Sanitary Sewer Improvements project. Strand Associates
has satisfactorily provided services on two such similar projects during the last four years. Strand
Associates’ proposal and draft engineering agreement that will be used to execute the engineering
contract are attached to this agenda item.
The total fee proposed by Strand Associates for professional engineering services is $299,800 and being
under the $300k threshold requires only one reading.
Upon fully executing the engineering agreement and issuing a Notice to Proceed, Strand Associates is
expected to complete the design in approximately four (4) months.
7/20/2021
Agenda Item: 1b
CITY COUNCIL AGENDA
Agenda Item # 1b Page 2
The project will be bid for construction soon after the completion of detail design. Construction cost is
anticipated to be in $3 million range.
Previous Council Action: The City Council approved the project funding in the amount of $3,460,000 on
May 4, 2021 City Council meeting.
Financial Implications:
☒Item is budgeted: 712-71203 $3,460,000 is the total budgeted for this project. After allocating
$299,800 to Engineering for the project for this contract there will be $3,160,200 available for
Construction.
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Project Location Map
• Scope & fee proposal from Strand Associates
• Draft Engineering Agreement
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FM 247SH 19FM 2821 E SH 19CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 7/12/2021
LOCATION MAPAJ-11 BASIN GRAVITY SANITARYSEWER IMPROVEMENTS PROJECT
1 in = 1,000 ft
0 990 1,980495 Feet
On 8.5 x 11 inch Print
On Any Print Size
Service Layer Credits: The City of Huntsville, TX GIS Division
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis
LEGEND
Proposed Project Area
!O Sewer Manhole
!OJ Theoretical Sewer Manhole
<= 12" Sewer Gravity Main
> 12" Sewer Gravity Main
Theoretical Sewer Gravity Main
Sewer Force Main
Abandoned Sewer Force Main
City Limits
MANHOLE 3932
MANHOLE2973
PROPOSEDPROJECT AREA
TBPE No. F-8405 TBPLS No. 10030000
WJH:CCC:mds\R:\BRE\Documents\Agreements\H\Huntsville, City of (TX)\AJ-11 Sanitary Sewer Impv.2021\Agr\4516.009.docx
July 2, 2021
Mr. Y. S. Ramachandra, P.E.
City of Huntsville
1212 Avenue M
Huntsville, TX 77340-4608
Re: Engineering Services
AJ-11 Sanitary Sewer Improvements Project - Project Number: 21-04-01
Dear Ram,
This Proposal presents Strand Associates, Inc.®’s (Strand) anticipated Scope of Services and associated
Compensation for providing engineering services to the City of Huntsville, Texas (OWNER) for the
AJ-11 Sanitary Sewer Improvements from manhole 2973 North to 3932.
Scope of Services
The scope of services for this project was identified in the “2016 Water and Wastewater Condition and
Capacity Assessment Studies” performed by Freese and Nichols, Inc. for the OWNER and will generally
consist of performing sanitary sewer improvements for Sanitary Sewer AJ-11 Basin and provide
engineering services for the design and construction phases of the rehabilitation/renewal work required
in Sanitary Sewer AJ-11 Basin. The sanitary sewer improvements to be performed on sanitary sewer
AJ-11 Basin consists of removal and replacement of approximately 9,150 linear feet of collection line
and 33 manholes. The scope and fees are outlined below.
Proposed services can be described as follows.
Design Services
1. Attend the following meetings with OWNER:
a. Kickoff
b. Concept Review
c. 50 percent design review
d. Up to three site visits
2. Assist in the procurement process by communicating with geotechnical engineer and OWNER
to develop an agreement and scope for OWNER to acquire the geotechnical engineer. Review
geotechnical report provided by OWNER and incorporate recommendations into the design
documents.
Mr. Y. S. Ramachandra, P.E.
City of Huntsville
Page 2
July 2, 2021
WJH:CCC:mds\R:\BRE\Documents\Agreements\H\Huntsville, City of (TX)\AJ-11 Sanitary Sewer Impv.2021\Agr\4516.009.docx
3. Communicate with utility facility owners to establish a mutual understanding of the design
features affecting utility facilities throughout the duration of design by providing drawings, and
other documents necessary to convey the improvements. Strand anticipates a total of 12 hours to
communicate with utility facility owners. OWNER shall assist when requested by Strand.
4. Contact 811 to request utility locates. Perform data collection, review available records provided
by OWNER, conduct topographic survey, and prepare base mapping for up to 9,150 linear feet
of sanitary sewer improvements.
5. Prepare 50 percent and 90 percent design drawings for sanitary sewer replacement on 11-inch
by 17-inch sheets.
6. Review preliminary regulatory permit requirements for Texas Department of Transportation
(TxDOT) and the Texas Commission on Environmental Quality (TCEQ).
7. Prepare 50 percent and 90 percent design opinions of probable construction cost (OPCC) for the
proposed improvements.
8. Provide portable document format (PDF) design files of drawings and specifications and two
hard copy sets for 50-, 90-, and 100-percent submittals.
9. Prepare Bidding Documents using OWNER provided contract documents and specifications.
OWNER’s contract documents shall require the contractor to name Strand as additional insured
on its General Liability and Automobile Liability insurance and to indemnify Strand in the same
manner as the OWNER.
Bidding-Related Services
1. Distribute Bidding Documents electronically through CivCast, available at
www.civcastusa.com. Submit Advertisement to Bid to OWNER in the award of the Construction
Contract.
2. Prepare addendums and answer questions during bidding as needed.
3. Prepare five (5) sets of Contract Documents for signature.
Construction-Related Services
1. Provide contract administration services, including attendance at preconstruction conference,
review of contractor’s shop drawing submittals, review of contractor’s periodic payment request,
periodic site visits (anticipated monthly for up to six months), processing change orders, and
participation in project closeout. Services are based on a 180-day schedule. Strand’s review of
Payment Requests from contractor(s) will not impose responsibility to determine that title to any
of the work has passed to OWNER free and clear of any liens, claims, or other encumbrances.
Any such service by Strand will be provided through an amendment to this Agreement. In
furnishing periodic site visits, Strand’s efforts will be directed toward determining for OWNER
that the completed project will, in general, conform to the Contract Documents; but Strand will
not supervise, direct, or have control over the contractor’s work and will not be responsible for
the contractor’s construction means, methods, techniques, sequences, procedures, or health and
Mr. Y. S. Ramachandra, P.E.
City of Huntsville
Page 3
July 2, 2021
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safety precautions or programs, or for the contractor’s failure to perform the construction work
in accordance with the Contract Documents.
2. Provide record drawings in paper format from information compiled from contractor’s records.
Strand is providing drafting services only for record drawings based on the records presented to
Strand by contractor and OWNER. Strand will not be liable for the accuracy of the record
drawing information provided by contractor and OWNER.
Service Elements Not Included
The following services are not included in this Agreement. If such services are required, they will be
provided as noted.
1. A hazardous materials assessment is not anticipated.
2. Permits other than these listed in this Task Order are not anticipated to be acquired by Strand.
3. Easements of right-of-way acquisition will be performed by OWNER when necessary.
Compensation
OWNER shall compensate Strand for Design Services a lump sum of $230,000.
OWNER shall compensate Strand for Bidding-Related Services a lump sum of $9,800.
OWNER shall compensate Strand for Construction-Related Services a lump sum of $60,000.
The design phase and construction phase fees shown above are based on an approximate construction
contract scope and value of $3,009,700 as contained in the Freese and Nichols, Inc. report. It is
anticipated the line replacement scope includes 95 percent of the lines to be replaced in present
alignments with approximately five percent to be replaced in a new alignment. Should the
rehabilitation/renewal scope change significantly or more line replacement be moved to new alignments,
the design and construction phase fees will need to be adjusted accordingly.
All services are proposed to follow the schedule in Appendix A.
Strand is excited about the opportunity with the City of Huntsville. If there are any questions during
review of this proposal, please contact me.
Sincerely,
STRAND ASSOCIATES, INC.®
William J. Huebner, P.E.
Duration Estimated Completion Date
1 Anticipated Execution of Agreement between Strand and OWNER 30 days July 6, 2021
2 Attend Design Kickoff Meeting 15 days July 21, 2021
3 Perform Topographic Survey 30 days August 10, 2021
4 Prepare 50 percent bid documents, OPCC, and attend 50 percent design
progress meeting
30 days September 9, 2021
5 Prepare 90 percent bid documents, OPCC, and attend 90 percent design
progress meeting
30 days October 9, 2021
6 Prepare 100 percent bid dcouments and submit advertisment to the
newspaper
30 days November 8, 2021
7 Recevie bids 30 days December 8, 2021
8 Construction award, contract execution and begin construciton 60 days February 6, 2022
9 Construction complete 180 days August 5, 2022
Work Item/Milestone
APPENDIX A
CITY OF HUNTSVILLE
WASTEWATER REHAB/RENEWAL CIP PROJECT
AJ-11 BASIN
PROPOSED PROJECT SCHEDULE
AGREEMENT BETWEEN CITY AND ENGINEER
FOR PROFESSIONAL SERVICES
THIS AGREEMENT made and entered into by and between CITY OF HUNTSVILLE,
hereinafter called the OWNER, and STRAND ASSOCIATES, INC., BRENHAM, TEXAS,
hereinafter called ENGINEER, WITNESSETH that whereas the OWNER intends to construct AJ-
11 BASIN SANITARY SEWER IMPROVEMENT PROJECT, PROJECT NUMBER 21-04-01
hereinafter called the PROJECT. The effective date of this agreement is
_____________________.
NOW, THEREFORE, the OWNER and ENGINEER for the considerations hereinafter set forth,
agree as follows:
SECTION 1- RESPONSIBILITY OF THE ENGINEER
The ENGINEER shall serve as the OWNER's professional representative in the planning, design,
bidding, and construction phases of the PROJECT as outlined in Proposal dated July 2, 2021 from
STRAND ASSOCIATES, INC. (the proposal is hereinafter referred to as Exhibit 1), and shall give
consultation and advice to the OWNER during the performance of its services. In the event of
conflict between any provisions in this Agreement and any provisions in Exhibit 1, the provisions
in this Agreement will control.
The ENGINEER shall perform services necessary under this AGREEMENT in a competent
and professional manner with the professional skill and care ordinarily provided by competent
engineers practicing in the same or similar locality and under the same or similar circumstances
and professional license, as expeditiously as is prudent considering the ordinary professional
skill and care of a competent engineer.
The OWNER's approval of drawings, design, specifications, reports incidental engineering
services or materials furnished hereunder shall not in any way relieve the ENGINEER of
liability for the technical adequacy of its services nor shall the OWNER's approval or
acceptance of the ENGINEER' s services be construed as a waiver of any rights under this
AGREEMENT.
The ENGINEER shall be and shall remain liable, in accordance with applicable law, for all
damages to the OWNER t o t h e e xt en t caused by the ENGINEER's negligent
performance of any of the services furnished under this AGREEMENT, except for errors,
omissions or other deficiencies to the extent attributable to the OWNER or any third party. The
ENGINEER shall not be responsible for any time delays in the PROJECT caused by
circumstances beyond its control.
SECTION 2- CHARACTER AND EXTENT OF BASIC SERVICES
2.1. General:
The ENGINEER shall serve as the OWNER's professional representative in the planning, design,
bidding and construction phases (including observation of construction) of the PROJECT as
outlined in Exhibit 1, and shall give consultation and advice to the OWNER during the
performance of its services.
Engineering Agreement w/ Strand Associates, Inc.
AJ-11 Basin San Sewer Imp Project - #21-04-01
City of Huntsville, TX
Page 2 of 9
The OWNER and ENGINEER acknowledge and anticipate that the timing and development
of any AUTHORIZED SERVICES may depend on the availability of financing and the needs
of the OWNER; therefore, the ENGINEER shall not proceed with any phase of engineering
services without specific written authorization by the OWNER.
2.1.1 Copyright or Patent Infringement: The ENGINEER shall indemnify and hold harmless
OWNER from actions or claims charging infringement of any copyright or patent by reason of the
use or adoption of any designs, drawings or specifications supplied by it, and he shall hold harmless
the OWNER from loss or damage resulting therefrom, providing however, that the OWNER
within five (5) days after receipt of any notice of infringement or of summons in any action therefor
shall have forwarded the same to the ENGINEER in writing.
2.1.2 Insurance: The ENGINEER shall secure and maintain such insurance as will protect it
from claims under the Workmen's Compensation Acts and from claims for bodily injury, death, or
property damage which may arise from the performance of its services under this Agreement and
shall provide a certificate of said insurance to the OWNER to attach to this Agreement. The
ENGINEER shall furnish proof of Professional Liability Coverage for the ENGINEER for this
PROJECT in the amount of $2 Million Dollars to the OWNER within 15 days after this Agreement
is executed and shall continue to maintain said insurance for this PROJECT. ENGINEER agrees
to maintain both types of insurance during the duration of the PROJECT.
2.2 Planning, Designing, Bidding Support and Construction Support.
Refer to Exhibit 1.
SECTION 3- ADDITIONAL SERVICES OF ENGINEER
If authorized in writing by the OWNER, the ENGINEER shall provide Additional Services that
are not already a part of Exhibit 1 and these will be paid by the OWNER a fee negotiated between
the OWNER and the ENGINEER. It is agreed that if any of the additional services listed in this
Section 3 are a part of Exhibit 1, then Exhibit 1 controls. Any additional services authorized
(including services in addition to the ones listed below) will be in writing and signed by both Parties
and attached to this Agreement:
3.1 Preparation of applications and supporting documents for governmental grants, loans or
advances in connection with the PROJECT; preparation or review of environmental assessments
and impact statements; and assistance in obtaining approvals of authorities having jurisdiction over
the anticipated environmental impact of the PROJECT.
3.2 Services to perform geotechnical investigations, materials testing, engineering surveys or
topographic surveys for design, to make measured drawings of or to investigate existing conditions
or facilities, or to verify the accuracy of drawings or other information furnished by the OWNER.
3.3 Services resulting from significant changes in general scope of the PROJECT or its design
including, but not limited to, changes in size, complexity, OWNER's schedule, or character of
Engineering Agreement w/ Strand Associates, Inc.
AJ-11 Basin San Sewer Imp Project - #21-04-01
City of Huntsville, TX
Page 3 of 9
construction; and revising previously accepted studies, reports, design documents or Contract
Documents when such revisions are due to causes beyond the ENGINEER's control.
3.4 Providing renderings or models for the OWNER's use.
3.5 Preparing documents for alternate bids requested by OWNER for work which is not executed
or documents for out of sequence work.
3.6 Investigations involving detailed consideration of operations, maintenance and overhead
expenses; and the preparation of rate schedules, earnings and expense statements, feasibility
studies, appraisals and valuations; detailed quantity surveys of material, equipment and labor; and
audits or inventories required in connection with construction performed by the OWNER.
3.7 Furnishing the services of special consultants for other than the normal civil, structural,
mechanical and electrical engineering and normal architectural design incidental thereto, such as
consultants for communications, acoustics, and landscaping.
3.8 Services in connection with change orders to reflect changes requested by OWNER if the
resulting change in compensation for Basic Services is not commensurate with the additional
services rendered, and services resulting from significant delays, changes or price increases
occurring as a direct or indirect result of material, equipment or energy shortages.
3.9 Services during out of town travel required of the ENGINEER other than visits to the
PROJECT site or to regulatory agency offices having jurisdiction over the PROJECT.
3.10 Additional or extended services during construction made necessary by (1) work damaged by
fire or other cause during construction, (2) a significant amount of defective or neglected work of
any Contractor, (3) prolongation of the contract time of any prime contract by more than sixty (60)
days, (4) acceleration of the work schedule involving services beyond normal working hours, and
(5) default by any Contractor.
3.11 Construction staking for the PROJECT.
3.12 Land surveys and office computations required to develop plats and metes and bounds
descriptions for easement or property acquisition.
3.13 Preparation of operating and maintenance manuals.
3.14 Services after completion of the Construction Phase, such as inspections during any guarantee
period and reporting observed discrepancies under guarantees called for in any contract for the
PROJECT.
3.15 Preparing to serve or serving as a consultant or witness for OWNER in any litigation, public
hearing or other legal or administrative proceeding involving the PROJECT.
3.16 Additional services in connection with the PROJECT, including services normally furnished
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by the OWNER and services not otherwise provided for in this Agreement.
3.17 If requested by the OWNER or recommended by the ENGINEER and agreed to in writing
by the OWNER, a Resident Project Representative and assistants will be furnished and will act as
directed by the ENGINEER in order to provide more extensive representation at the PROJECT
site during the Construction Phase.
3.18 Through more extensive on site observations of the work in progress and field checks of
materials and equipment by the Resident Project Representative (if furnished) and assistants, the
ENGINEER shall endeavor to provide further protection for OWNER against defects and
deficiencies in the work, but the furnishing of such Resident Project Representation will not make
the ENGINEER responsible for construction means, methods, techniques, sequences or
procedures or for safety precautions or programs, or for Contractor(s)' failure to perform the
construction work in accordance with the Contract Documents.
3.19 Reimbursable Services of the ENGINEER:
Reimbursable services shall include the following items when authorized in writing by the
OWNER: transportation and subsistence of principals and employees on special trips to the
PROJECT or to other locations; long distance telephone and telegraph calls as required to expedite
the work of the Contractor; reproduction of drawings and specifications.
SECTION 4- THE OWNER’S RESPONSIBILITIES
4.1. THE OWNER AGREES to provide the ENGINEER with complete information concerning
the requirements of the PROJECT and to perform the following services:
4.2 Access to the Work: The OWNER shall guarantee access to and make all provisions for the
ENGINEER to enter upon public and private lands as required for the ENGINEER to perform
such work as surveys and inspections in the development of the PROJECT.
4.3 Consideration of the ENGINEER's Services: The OWNER, or an agent appointed by
OWNER, shall give thorough considerations to all reports, sketches, estimates, drawings,
specifications, proposals, and other documents presented by the ENGINEER, and shall inform the
ENGINEER of all decisions within a reasonable time so as not to delay the work of the
ENGINEER.
4.4 Legal Requirements: The OWNER shall serve all required public and private notices, receive
and act upon all protests and fulfill requirements necessary in the development of the PROJECT.
4.5 Proposals: The OWNER shall advertise for Proposals from Bidders, open the Proposals at the
appointed time and place and pay all costs incidental thereto.
4.6 Protection of Markers: The OWNER shall protect to the best of its ability, all stakes and other
markers set by the ENGINEER prior to the assumption of such responsibility by the Contractor.
Replacement of markers or stakes which have been damaged, moved or removed shall be paid for
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by the OWNER as extra services of the ENGINEER.
4.7 Standards: The OWNER shall furnish the ENGINEER with a copy of any design and
construction standards it shall require the ENGINEER to follow in the preparation of Contract
Documents for the PROJECT.
4.8 OWNER's Representative: The OWNER shall designate in writing, by appendix to this
Agreement, a single person to act as the OWNER's Representative with respect to the services
to be performed under this Agreement. The person designated as OWNER's Representative
shall have complete authority to transmit instructions, receive information, interpret and define
OWNER's policy and decisions, with respect to the materials, equipment, elements and
systems pertinent to the services covered by this Agreement. The OWNER may also appoint,
and will notify the ENGINEER of such appointment, a 3rd party to act as the OWNER’s agent
for consideration of the ENGINEER’s services set forth in paragraph 4.3 above.
SECTION 5 - THE OWNER'S PAYMENTS TO THE ENGINEER:
5.1 Definitions of Construction Cost of the PROJECT, as herein referred to, means the total cost
of all work designed or specified by the ENGINEER but does not include any payments to the
ENGINEER or other consultants.
5.2 Abandoned or Suspended Services: If any services performed by the ENGINEER is
abandoned or suspended in whole or in part, the ENGINEER shall be paid for services performed
on account of it prior to receipt of written notice from the OWNER of such abandonment or
suspension.
5.3 The OWNER will make prompt payments in response to the ENGINEER's detailed
statements for all categories of completed services rendered under this AGREEMENT, or
as provided in an agreed upon schedule which shall be attached to this AGREEMENT.
However, the OWNER, in no circumstance, shall be required to make more than one payment
a month. It is understood and agreed that the OWNER is not liable for payment of any fees
for Basic Services described in this AGREEMENT until funds are available from bond sales
or other lawful source of funds. Non-payment within 60 days of receipt of invoice may, at
ENGINEER option, result in the suspension of services upon 5 days notice to OWNER.
ENGINEER will resume services upon payment in full of all outstanding undisputed invoices
with no liability for such a suspension to OWNER.
5.4.Payments for Additional Services of the ENGINEER: The ENGINEER shall be reimbursed
according to Attachment Schedule of Charges for the additional services outlined under Section
3. Payments to the ENGINEER for additional services stipulated in Section 3 will be made
monthly by the OWNER, upon presentation of monthly detailed statements by the
ENGINEER
SECTION 6 - THE OWNER AND ENGINEER FURTHER AGREE to the following conditions:
6.1 Termination: This Agreement may be terminated by either party by fourteen (14) days written
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notice in the event of substantial failure to perform in accordance with the terms hereof by the one
party through no fault of the party. If terminated due to the fault of others than the ENGINEER,
the ENGINEER shall be paid for services performed to the date of termination, including
reimbursements then due. As soon as practicable after receipt of notice of termination, the
ENGINEER shall submit a statement, showing in detail the services performed under this
AGREEMENT, to the date of termination. The OWNER shall then pay the ENGINEER
promptly that proportion of the prescribed charges which the services actually performed
under this AGREEMENT bear to total services called for under this AGREEMENT , less
such payments on account of the charges as have been previously made. Copies of all
completed or partially completed designs, plans and specifications prepared under this
AGREEMENT shall be delivered to the OWNER when and if the AGREEMENT is
terminated, but subject to the restrictions, as to their use, as set forth in Section 6..3. The Parties
agree that neither shall be liable for any consequential damages, including but not limited to
loss profits, lost revenue, loss of use or opportunity, loss of goodwill, special damages, indirect,
punitive or exemplary damages, or future loss profits if this Agreement is terminated for cause
or without cause.
6.2 Disputes: Should a dispute arise during the course of this PROJECT, both parties hereby agree
to attempt in good faith to resolve the dispute through mediation prior to seeking relief from any
court or through any other legal proceeding.
6.3 Ownership of Documents: Upon execution of this Agreement, the ENGINEER grants to the
OWNER a nonexclusive license to reproduce the ENGINEER’s completed tracings and master
specifications sheets solely for purposes of constructing, using, maintaining, renovating and/or
adding onto the PROJECT, provided that the OWNER shall comply with all obligations under this
Agreement. The ENGINEER shall obtain similar nonexclusive licenses from the ENGINEER’s
consultants consistent with this Agreement. Upon termination the foregoing license shall be
deemed terminated and replaced by a second, nonexclusive license permitting the OWNER to
authorize other similarly credentialed design professionals to reproduce and, where permitted by
law, to make changes, corrections or additions to the Instruments of Service solely for purposes of
completing, using and maintaining the PROJECT. Any re-use of the Instruments of service for
purposes other than related to this Agreement, by OWNER or those authorized by OWNER, shall
be at their sole risk and without liability to ENGINEER. Any modification of the Instruments of
Service will be evidenced on the plans and be signed and sealed by a licensed professional prior to
re-use of modified plans.
6.4 Except for the licenses granted in Subparagraph 6.3 above, no other license or right shall be
deemed granted or implied under this Agreement. The OWNER shall not assign, delegate,
sublicense, pledge or otherwise transfer any license granted herein to another party without the
prior written agreement of the ENGINEER.
6.5.Successors and Assigns: This Agreement and all of the covenants hereof shall inure to the
benefit of and be binding upon the OWNER and the ENGINEER respectively and its partners,
successors, assigns and legal representatives. Neither the OWNER nor the ENGINEER shall have
the right to assign, transfer or sublet its interest or obligations hereunder without written consent
of the other party. This Agreement and attachments supersedes any previous contracts or oral
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agreements between the parties and constitutes the entire agreement between the parties.
6.6 Severability. Provisions of this AGREEMENT are severable and if any provision or
part of this AGREEMENT or the application thereof to any person or circumstance should
ever be held in any court of competent jurisdiction to be invalid or unconstitutional for
any reason, the remainder of the AGREEMENT and the application of such provisions or part
of this AGREEMENT to other persons or circumstances shall not be effected thereby.
6.7. Jurisdiction and Venue. The laws of the State of Texas apply to this Agreement. Venue
of any civil action will be in the County where the PROJECT is located.
6.8 Indemnity. The OWNER, to the fullest extent permitted by law, will require any
Contractor or Subcontractor performing work in connection with Drawings and
Specifications produced under this Agreement to hold harmless, indemnify and defend,
the OWNER and the ENGINEER, their consultants and each of their officers, agents
and employees from liability claims, losses or damage arising out of or alleged to arise
from the Contractor' s (or Subcontractor's) negligence in the performance of the work
described in the Construction Contract Documents, but not including liability that may
be due to the sole negligence of the OWNER, the ENGINEER, their consultants or their
officers, agents, and employees.
6.9 Written Notice.
Where written notice is mention in the AGREEMENT, it shall be sent by certified mail return
receipt requested, or by personal delivery, or by facsimile, to the attention of and to the
following addresses:
OWNER
Y. S. Ramachandra, P.E.
City Engineer
City of Huntsville
448 State Highway 75 North
Huntsville, TX 77320
ENGINEER
William J. Huebner, P.E.
Project Manager
Strand Associates, Inc.
1906 Niebuhr St
Brenham, TX 78944
6.10 Staffing. ENGINEER acknowledges that continuity of staffing is important to the OWNER
for the duration of the PROJECT. Accordingly, ENGINEER agrees to assign and the following
key staff to the PROJECT. No substitution will be made to the assigned key staff without the
written consent of the OWNER, provided the identified staff members remain employed by the
ENGINEER:
Project QA/QC Craig Kankel, P.E., Senior Project Manager
Project Manager William Huebner, P.E., Project Manager
Project Engineer Cole Christian, P.E., Project Engineer
6.11 Design Delays. OWNER and ENGINEER agree that time is of the essence in
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ENGINEER’s work related to the PROJECT, it being acknowledged that ENGINEER shall
be provided reasonable time to employ safe and sound engineering practices and the services
shall be performed expeditiously as is prudent considering the ordinary professional skill and
care of a competent engineer. Accordingly, ENGINEER shall have deducted from any
amounts owed a sum of $0 per calendar day beyond completion dates for the respective design
phases of various PROJECT elements established in the agreed upon schedule attached to this
AGREEMENT, as may be amended in writing between both parties.
6.12 Counterparts. This Agreement may be executed in any number of counterparts, each of
which when so executed and delivered shall be deemed an original, with such counterparts
together constituting one and the same instrument. Alternatively, the Parties acknowledge and
agree that this Agreement may be, for convenience, executed in duplicate originals, each of
which is intended to be and is as valid as its counterpart original.
6.13 Statutory Terms Applicable to State Political Subdivisions. As required by Chapter 2270,
Government Code, ENGINEER hereby verifies that it does not boycott Israel and will not
boycott Israel through the term of this Agreement. For purposes of this verification, “boycott
Israel” means refusing to deal with, terminating business activities with, or otherwise taking
any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-
controlled territory, but does not include an action made for ordinary business purposes.
IN WITNESS WHEREOF the parties hereto have made and executed this Agreement on the day
and year first above written:
OWNER: ENGINEER:
CITY OF HUNTSVILLE Strand Associates, Inc.
_____________________________ _________________________________
Aron Kulhavy - City Manager Matthew S. Richards - President
ATTEST: ATTEST:
______________________________ _________________________________
Kristy Doll – City Secretary Joseph M. Bunker – Corporate Secretary
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APPROVED AS TO FORM:
__________________________
Leonard Schneider, City Attorney
Agenda Item # 1c Page 1
Item/Subject: Consider adoption of Ordinance 2021-21 to amend the budget for FY 20-21 and/or CIP
Project budgets.
Initiating Department/Presenter: Finance
Presenter: Steve Ritter
Recommended Motion: Move to adopt Ordinance 2021-21 to amend the budget for FY 20-21 and/or
CIP Project budgets.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: Detailed explanation for the Budget Amendment is provided in the attachment, Exhibit A,
to the Ordinance. The Budget Amendments were presented to the Finance Committee at their July 6,
2021 meeting..
Previous Council Action: None.
Financial Implications:
☒ See the attached Ordinance and related Budget Amendments (Exhibit A)
Approvals: ☐City Attorney ☒Director of Finance ☐City Manager
Associated Information:
• Ordinance 2021-21, page 2
• Exhibit A (list of budget amendments), page 3
7/20/2021
Agenda Item: 1c
CITY COUNCIL AGENDA
Agenda Item # 1c Page 2
ORDINANCE NO. 2021-21
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2020-
2021 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP)
BUDGETS, ORDINANCE NO. 2020-43 TO AMEND ADOPTED EXPENDITURES OF
THE BUDGET; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the 2020-2021 Annual Budget and CIP Budgets were adopted by Ordinance 2020-43 on
September 15, 2020;
WHEREAS, various unforeseen circumstances affecting the City have presented themselves during the
course of the fiscal year;
WHEREAS, the City Council considered the circumstances independently, deliberating appropriately on
the associated revenues and expenditures and the overall impact on the general financial status of the City;
WHEREAS, pursuant to the laws of the State of Texas and the City Charter of the City of Huntsville,
Texas, the City Council has determined that it will be beneficial and advantageous to the citizens of the
City of Huntsville to amend the annual budget for fiscal year 2020 – 2021 and the Capital Improvements
Projects (CIP) budget as set forth herein; and
WHEREAS, this ordinance combines the independent Council actions into one budget amendment
document;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
Section 1. The findings set forth above are incorporated into the body of this ordinance.
Section 2. The annual budget for fiscal year 2020 – 2021 is hereby amended to include the expenditures
and revenues in Exhibit “A” and the Capital Improvements Projects budget is hereby amended to include
the expenditures described in Exhibit “A” attached hereto and made a part of this ordinance as if set out
verbatim herein.
Section 3. All ordinances of the City in conflict with the provisions of this ordinance are hereby repealed,
and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4. Should any section, portion, sentence, clause or phrase of this ordinance be declared
unconstitutional or invalid for any reason, it shall not invalidate or impair the force or effect of any other
section or portion of this ordinance.
Section 5. The necessity for amending the budget for the fiscal year 2020 – 2021 and Capital Improvements
Projects, as required by the laws of the State of Texas, requires that this ordinance shall take effect
immediately from and after its passage, as the law in such cases provides.
Section 6. This ordinance shall take effect immediately after its passage.
PASSED AND APPROVED on this the 20th day of July 2021.
THE CITY OF HUNTSVILLE, TEXAS
__________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Budget Amendments FY 20-21
July 20, 2021
Exhibit A
Increase:Library Special Revenue Fund - Special Purchases: Equipment 8,000$
Explanation:
There is a need for a new projection and sound system for the Community Room at the
Library. The Community Room is utilized for library events, community rentals City Council
presentations and City Department events. The Library Special Revenue Fund has
sufficient Fund Balance available to be able to cover this purchase with a current Fund
Balance of approximately $178,000 and is projected to end the 20 - 21 fiscal year with a
Fund Balance exceeding $170,000. The Fund does not have any required Fund
Balance/Unallocated Reserves amount.
Agenda Item # 1d
Item/Subject: Consider adopting Ordinance 2021-22 Ordering a Municipal Election to be held on the
November 2, 2021, General Election to elect the Mayor at-large and a Councilmember from each of
the four Wards to serve two-year terms.
Initiating Department/Presenter: City Secretary
Presenter: Kristy Doll, City Secretary
Recommended Motion: Move to adopt Ordinance 2021-22 calling the November 2, 2021, General
Election to elect a Mayor at-large and four councilmembers, one from each of the city's four wards
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: Huntsville Municipal Code Section 6.01 states Regular City general elections shall be held
on the uniform election date in November, to be effective and starting January 1, 2010. 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 beginning in November 2011.
Ordinance 2021-22 states the election shall be held in accordance with, and shall be governed by, the
election laws of the State of Texas and authorizes the City to enter into an Election Services Agreement
and a Joint Election Agreement with Walker County.
Only one reading is required for an Ordinance calling an election
Previous Council Action: All City elections, general or special, are called by the City Council.
Financial Implications:
☒Item is budgeted: 101-114-56020 in the amount of $27,000.
Election amount will be determined by number of entities participating and the number of ballot
items.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Ordinance 2021-22 – Ordering a Muncipal Election to be help on the 2nd Day of November
2021
7/20/20
Agenda Item: 1d
CITY COUNCIL AGENDA
ORDINANCE NO. 2021-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A
MUNICIPAL ELECTION TO BE HELD ON THE 2nd DAY OF NOVEMBER 2021, 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; DESIGNATING THE PLACES AND
MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND
PUBLICATION 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 2nd day
of November 2021, in the City, for the purpose of electing a Mayor at-large and four Ward Councilmembers, one
for each of the City’s four wards: (1) one, (2) two, (3) three, and (4) four.
SECTION 2. The registered voters of Walker County can vote at any Election Day poll place. Countywide
Election Day Poll Locations are as follows:
COUNTYWIDE ELECTION DAY POLL LOCATIONS
WALKER COUNTY FAIRGROUNDS
3925 SH 30 W, Huntsville, Texas 77340
WALKER COUNTY STORM SHELTER/ VETERAN'S COMPLEX
455 SH 75 N, Huntsville, Texas 77320
UNIVERSITY HEIGHTS BAPTIST CHURCH FELLOWSHIP HALL
2400 Sycamore Avenue, Huntsville, Texas 77340 - Voter entrance off Palm Street
NEW WAVERLY FIRST BAPTIST CHURCH
460 Fisher Street, New Waverly, Texas 77358
HUNTSVILLE ISD TRANSPORTATION BUILDING
96 Martin Luther King, Huntsville, Texas 77320
COOK SPRINGS BAPTIST CHURCH
1936-A SH 75 N, Huntsville, Texas 77320
NORTHSIDE BAPTIST CHURCH
1207 FM 980, Huntsville, Texas 77320
RIVERSIDE UNITED METHODIST CHURCH
2341 FM 980, Huntsville, Texas 77320
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. The City Council has determined, pursuant to Chapter 31 of the Texas Election Code, that
the City is authorized to enter into an Election Services Agreement with Walker County, Texas, and, pursuant to
Chapter 271 of the Texas Election Code, the City is authorized to enter into a Joint Election Agreement with
Walker County and other participating political subdivisions for this election. The City Secretary and Mayor are
hereby authorized to perform all duties and take all actions as required by any joint election agreement(s) and/or
the contract(s) for election services that may be authorized by City Council.
SECTION 4. Any eligible and qualified person may have his name upon the official ballot as an independent
candidate by submitting an application, which, in accordance with Texas Election Code Section 141.031, must be
in writing and be signed and sworn to by the candidate and indicate the date that the candidate swears to the
application. Such application for the general election may be filed with the City Secretary beginning on July 17,
2021 and must be filed not later than 5:00 p.m. on August 16, 2021.
SECTION 5. A Mayor At-Large and Councilmembers for each of the City’s four wards shall be selected. The
Mayor and Ward Councilmembers to be elected shall hold office for a period of two (2) years.
SECTION 6. Each of the five Councilmembers (the Mayor and the four Ward Councilmembers) shall be citizens
of the United States, qualified and registered voters of the State of Texas; residents within the present corporate
limits of Huntsville for at least twelve months immediately preceding the election; and current in payment of taxes
and assessments due to the City.
SECTION 7. 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 the election shall be as follows:
OFFICIAL BALLOT
General Election
City of Huntsville, Texas
November 2, 2021
INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an "X" in the square
beside the candidate's name.
Mayor (Vote for one)
(candidate’s name)
(candidate’s name)
Councilmember, Ward One (Vote for one)
(candidate’s name)
(candidate’s name)
Councilmember, Ward Two (Vote for one)
(candidate’s name)
(candidate’s name)
Councilmember, Ward Three (Vote for one)
(candidate’s name)
(candidate’s name)
Councilmember, Ward Four (Vote for one)
(candidate’s name)
(candidate’s name)
SECTION 8. Diana L. McRae, the Walker County Election Officer/Tax Assessor-Collector, is the Early
Voting Clerk (EVC), and Julie Cooper, Walker County Elections Manager, is appointed Deputy Early Voting
Clerk (DEVC), for the joint early voting approved by Commissioners’ Court, as with respect to early voting in
person and voting by mail.
Early Voting Site: Walker County Storm Shelter
455 SH 75 North, Huntsville, TX 77320
Dates: October 18th - October 29th, Monday thru Friday
Times: 8:00 am - 5:00 pm
EXCEPTION: There will be two twelve-hour days during early voting:
Tuesday, October 19th and Tuesday, October 26th
Early Voting Hours 7:00am - 7:00pm
Applications for ballot by mail shall be mailed, faxed, or emailed to:
Diana McRae, Early Voting Clerk
1301 Sam Houston Avenue, Suite 114, Huntsville, Texas 77340
Phone: (936) 436-4959 Fax Number: (936) 436-4961 Email: walkervr@co.walker.tx.us
Early Voting in the election by personal appearance shall be conducted at the times, dates and polling places as
provided for in the Walker County Joint Election Agreement and Election Services Contract between the City
of Huntsville, Texas and Walker County, Texas, and further adopts any additions or amendments to such
concerning early voting times, dates, and polling location as approved by the Walker County Deputy Elections
Administrator.
During the lawful early voting period, such clerk shall keep such place for early voting open for early voting
from 8:00 a.m. - 5:00 p.m., Monday through Friday, October 18, 2021, to October 29, 2021; and from 7:00 a.m.
- 7:00 p.m. on Tuesday, October 19, 2021 and Tuesday, October 26, 2021; except on official state holidays.
SECTION 9. The Mayor and City Secretary are hereby directed to give notice of the election by:
a) causing said notice of such election to be published at least forty (40) days prior to the date of such election
in the newspaper;
b) by publishing the notice at least one time, not more than thirty (30) 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-one (21) days before the
election; and
d) by posting on the City Hall bulletin board notice of the election at least twenty-one (21) days before the
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 10. It is further found and determined that, in accordance with the order of this governing body, the
City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in
the City Hall, a place convenient and readily accessible to the general public, and such notice having been so posted
and remaining posted continuously for at least seventy-two (72) hours preceding the scheduled time of such
meeting.
SECTION 11. That the Mayor and/or the City Secretary of the City of Huntsville are hereby authorized to
execute and/or issue, for an on behalf of the City, such orders, documents and forms as may, from time to time,
be promulgated by the Secretary of State of the State of Texas in conjunction with the election herein ordained.
SECTION 12. The Mayor and/or the City Secretary and the attorney for the City are hereby authorized and
directed to make any filings required by the Federal Voting Rights Act. The Mayor and/or the City Secretary
and the attorney for the City are further authorized and directed to take any action necessary to comply with the
provisions of the Texas Elections Code, the Federal Voting Rights Act and the terms and provisions of any
Election Services Contract(s) and the Joint Election Agreement(s) in carrying out the provisions of this
Ordinance, whether or not expressly authorized herein.
SECTION 13. This ordinance shall take effect from and after its passage.
PASSED AND APPROVED this 20th day of JULY 2021.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Agenda Item # 1e
Item/Subject: Consider approving the 2021 Election Services Contract and Joint Election Agreement
with Walker County for November 2, 2021, General Election to elect the Mayor at-large and a
Councilmember from each of the four Wards to serve two-year terms.
Initiating Department/Presenter: City Secretary
Presenter: Kristy Doll, City Secretary
Recommended Motion: Move to approve the 2021 Election Services Contract and Joint Election
Agreement with Walker County for the November 2, 2021, general election.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion:
Huntsville Municipal Code Section 6.01 states Regular City general elections shall be held on the uniform
election date in November, to be effective and starting January 1, 2010. 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 beginning in November 2011.
Pursuant to Chapter 31 of the Texas Election Code, that the City is authorized to enter into an Election
Services Agreement with Walker County, Texas, and, pursuant to Chapter 271 of the Texas Election
Code, the City is authorized to enter into a Joint Election Agreement with Walker County and other
participating political subdivisions for this election.
Since November 2009, the City has contracted with Walker County to provide election services and to
hold joint elections with participating entities under the provisions of the Huntsville Municipal Charter
and the Texas Election Code.
Previous Council Action: All City elections, general or special, since November 2009 have been
contracted with Walker County.
Financial Implications:
☒Item is budgeted: 101-114-56020 In the amount of $ 27,000.
The participating authorities agree to share election expenses and the cost for the 2021 General
Election, which will be determined by the number of entities participating and the number of ballot
items from each entity.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• 2021 Election Services Contract and Joint Election Agreement with Walker County
7/12/21
Agenda Item: 1e
CITY COUNCIL AGENDA
Agenda Item # 2a
Item/Subject: Consider adoption of Ordinance 2021-23, amending the Huntsville Code of Ordinances,
specifically Chapter 42, Division 2 – Hotel Occupancy Tax Advisory Board to restructure the Hotel
Occupancy Tax Advisory Board to function as the Tourism Advisory Board which shall operate under
bylaws approved by the City Council, first reading.
Initiating Department/Presenter: Economic Development & Tourism
Presenter: Tammy Gann, Director of Economic Development & Special Projects
Recommended Motion: First Reading - First reading, no action necessary.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: Since the Hotel Occupancy Tax Advisory Board’s creation in 2008, the board has been
tasked with making recommendations to City Staff and City Council for the allocation of Hotel
Occupancy Tax Funds through a Hotel Occupancy Tax Fund Grant process. The Hotel Occupancy Tax
Advisory Board consist of five (5) members appointed by Council. Staff seeks to broaden the board’s
duties to promote tourism and support the industries within the community that directly affect tourism
by changing the Hotel Occupancy Tax Board to the Tourism Advisory Board and expanding the members
to nine (9).
The purpose of the proposed Tourism Advisory Board shall be to support the City’s tourism staff on
matters of local concern and the promotion of tourism; promote and market tourism-related business
in the Huntsville area; to further the promotion of tourism and publicity for the area; to promote
Huntsville as a tourist destination throughout the state, regionally, nationally, and internationally; and
to make recommendation to City Staff and City Council for Hotel Occupancy Tax grant allocations. The
Board will also consider any other tourism related matters assigned to it by City Council.
Previous Council Action: In September of 2008 City Council adopted ordinance 2008-33, establishing
the Huntsville Hotel Occupancy Advisory Tax Board. There have been no amendments made to
ordinance 2008-33 since it was originally adopted.
Financial Implications:
☒There is no financial impact associated with this item.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Huntsville Code of Ordinances, Chapter 42, Division 2
• Ordinance 2021-23
7/20/21
Agenda Item: 2a
CITY COUNCIL AGENDA
DIVISION 2. - HOTEL OCCUPANCY TAXTOURISM ADVISORY BOARD
Sec. 42-61. - Created; composition; qualifications; compensation; maximum term of members.
(a) There is hereby created and established a hotel occupancy taxtourism board, an advisory board, to
be composed of five nine members.
(b) Members of the hotel occupancy taxtourism advisory board shall serve without compensation. No
member shall serve more than two consecutive terms beyond any unexpired term that they are
appointed to fill. Any person over 18 years of age living in the city or working in the city shall be eligible
to serve on the advisory board, provided at least three five members of the board shall live in the city.
Members of the council may serve on the board, provided, however, no more than four shall serve at
any one time.
(Ord. No. 2008-33, § 1(1), 9-2-2008)
Sec. 42-62. - Appointment; tenure of members.
(a) The original members of such board shall be appointed by the mayor by and with the advice and
consent of the city council.
(b) Each member shall hold office for a term of three years, except that of those first appointed, one shall
hold office for a term of one year, and two other members shall hold office for a term of two years, and
two other members shall hold office for a term of three years, the term of each to be determined by lot,
and thereafter, their successors shall hold office for three years and until their successors are
appointed. This needs work.
(c) The city council will, at its first official meeting in the month of July in each year (or as soon thereafter
as practicable), act upon appointments made to the board by the mayor with the advice and consent
of the city council in filling expired terms of members of the board.
(Ord. No. 2008-33, § 1(2), 9-2-2008)
Sec. 42-63. - Filling of vacancies; removal of members.
(a) Whenever a vacancy shall occur as a result of death, resignation, removal or expiration of the term
of office of any member of the board, the mayor, with the advice and consent of the city council, shall
appoint a person to serve the unexpired term or new term, as applicable.
(b) Any member of the board may be removed from office by the city council for any cause deemed by
the city council sufficient for the board member's removal in the interest of the public service.
(Ord. No. 2008-33, § 1(3), 9-2-2008)
Sec. 42-64. - Officers; meetings.
(a) The board shall select its chair and a vice-chair at its first meeting of the calendar year. Such terms
shall be for one year.
(b) The board shall meet at least quarterly. Additional meetings may be called by the chair or at the
request of city council.
(Ord. No. 2008-33, § 1(4), 9-2-2008)
Sec. 42-65. - Powers and duties.
(a) The board shall review all reports and information submitted by any entity, whether a governmental
entity or private organization, to which the city has delegated the management or supervision of
programs and activities funded with hotel occupancy tax revenue. The information and reports shall
include any matter required by state statute to be reported to the city council or any other city authority,
and shall include, but not be limited to, entities' annual budget, annual audit, monthly activity report,
monthly financial summary of city hotel occupancy tax funds, and revenue and expenditures summary
reports.
(b) The board shall make reports at least two times per year to the council, at least one of which shall
include oral presentation to the city council during a public session. The board may also make such
recommendations to the city council as it deems appropriate regarding the administration of hotel
occupancy tax revenues and regarding entities to which the city council has designated management
and supervision of programs and activities funded by hotel occupancy tax revenue. Recommendations
of the Hotel Occupancy TaxTourism Advisory Board shall not be prerequisite to any action the city
council may undertake regarding any matter concerning the hotel occupancy tax.
(c) The board shall support the City’s tourism staff of matters of local concern and the promotion of tourism
and support the industries within the community that directly affect tourism. The board will also
consider any other tourism related matters assigned to it by City Council.
(Ord. No. 2008-33, § 1(5), 9-2-2008)
Secs. 42-66—42-79. - Reserved.
ORDINANCE NO. 2021-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS
AMENDING ORDINANCE NO. 2008-33, WHICH CREATED THE HOTEL TAX
ADVISORY BOARD, BY REVISIONS AND MAKING OTHER FINDINGS AND
PROVISIONS RELETATED THERETO; AND PROVIDING FOR AN EFFECTIVE DATE
HEREOF.
WHEREAS, the City Council has authorized a hotel occupancy tax and has delegated the
management or supervision of programs and activities funded with hotel occupancy tax revenue to
another entity or entities; and
WHEREAS, the City Council desires to appoint individuals to an advisory board which can
assist City Council in receiving and reviewing certain information which delegate entities are
required to furnish the City;
WHEREAS, the City Council previously adopted Ordinance No. 2008-33 creating a Hotel
Tax Advisory Board (“Board”) to manage and supervise the programs and activities funded with
hotel occupancy tax revenue;
WHEREAS, this ordinance amends Sections 42-61, 42-62, 42-64, and 42-65 to restructure
the Hotel Occupancy Advisory Board to operate as a Tourism Advisory Board to promote tourism
and support the industries within the city that directly affect tourism; and
WHEAREAS, the board will consist of members of various industries related to tourism
within the City and advise the Tourism Staff on such matters as may be referred to it, including the
administration of grant programs, advertising, and other activities for the promotion of tourism;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
SECTION 1: An ordinance to establish a Tourism Advisory Board shall read as follows:
Section 1: Tourism Advisory Board created; composition; qualifications,
compensation, maximum term of members.
A. There is hereby created and established a Tourism Advisory Board, an
advisory board, to be composed of nine (9) members.
B. Members of the Tourism Advisory Board shall serve without
compensation. No member shall serve more than two (2) consecutive
terms beyond any unexpired term that they are appointed to fill. Any
person over 18 years of age, living in the City or working in the City, shall
be eligible to serve on the advisory board, provided at least five (5)
members of the board shall live in the City.
Section 2: Appointment, tenure of members.
A. The original members of such board shall be appointed by the Mayor by
and with the advice and consent of the City Council.
B. Each member shall hold office for a term of three (3) years, except that of
those first appointed, one (1) shall hold office for a term of one (1) year,
and two (2) other members shall hold office for a term of two (2) years,
and two (2) other members shall hold office for a term of three (3) years,
the term of each to be determined by lot, and thereafter their successors
shall hold office for three (3) years and until their successors are
appointed.
C. The City Council will each year act upon appointments made to the board
by the Mayor with the advice and consent of the City Council in filling
expired terms of members of the board.
Section 3: Filling of vacancies; removal of members.
A. Whenever a vacancy shall occur as a result of death, resignation, removal
or expiration of the term of office of any member of the board, the Mayor,
with the advice and consent of the City Council shall appoint the person to
serve the unexpired term or new term as applicable.
B. Any member of the board may be removed from office by the City
Council for any cause deemed by the City Council sufficient for the board
member’s removal in the interest of the public service.
Section 4. Officers; meetings.
A. The board shall select its chair and a vice-chair at its first meeting of the
calendar year. Such terms shall be for one year.
B. The board shall meet at least quarterly. Additional meetings may be called
by the chair or at the request of City Council.
Section 5: Powers and duties of Tourism Advisory Board
A. The board shall review all reports and information submitted by any
entity, whether a governmental entity or private organization, to which the
City has delegated the management or supervision of programs and
activities funded with Hotel Occupancy Tax revenue. The information
and reports shall include any matter required by State statute to be
reported to the City Council or any other City authority and shall include
but not be limited to entities’ annual budget, annual audit, monthly activity
report, monthly financial summary of City Hotel Occupancy Tax funds,
and revenue and expenditures summary reports.
B. The board shall make reports at least two times per year to Council, at
least one of which shall include oral presentation to City Council during a
public session. The board may also make such recommendations to the
City Council as it deems appropriate regarding the administration of Hotel
Occupancy Tax revenues and regarding entities to which the City Council
has designated management and supervision of programs and activities
funded by Hotel Occupancy Tax revenue. Recommendations of the
Tourism Advisory Board shall not be prerequisite to any action City
Council may undertake regarding any matter concerning the Hotel
Occupancy Tax.
C. The board shall support the City’s tourism staff on matters of local
concern and the promotion of tourism and support the industries within the
community that directly affect tourism. The board will also consider any
other tourism related matters assigned to it by City Council.
SECTION 2: If any portion of this Ordinance shall, for any reason, be declared invalid by any court
of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the
City Council determines that it would have adopted this Ordinance without the invalid provision.
SECTION 3: This Ordinance shall take effective immediately from and after the date of its passage.
PASSED AND APPROVED THIS ____ DAY OF __________________ 2021.
CITY OF HUNTSVILLE, TEXAS
__________________________________
Andy Brauninger, Mayor
ATTEST:
___________________________________
Kristy Doll, City Secretary
APPROVED AS TO FORM:
___________________________________
Leonard Schneider, City Attorney
Agenda Item # 3a
Item/Subject: Consider the appointment of Matt Childers to seat 3 of the Hotel Occupancy Tax Board.
Initiating Department/Presenter: City Council
Presenter: Mayor Andy Brauninger
Recommended Motion: Mayor moves to appoint Matt Childers to seat three of the Hotel Occupancy
Tax Board term expires 8/31/2022
Strategic Initiative: Goal #5 - Resource Development - Enhance the quality of life for citizens,
businesses and visitors by leveraging the human and fiscal resources available to the community.
Discussion:
The Hotel Occupancy Tax Board currently has one vacant seat that needs to be filled.
Seat 3 has a term that expires on 8/31/2022.
Hotel Occupancy Tax Board (3 yr terms)
Previous Council Action: None.
Financial Implications:
☒There is no financial impact associated with this item.
Approvals: ☐City Attorney ☐Director of Finance ☐City Manager
7/20/2021
Agenda Item: 3a
CITY COUNCIL AGENDA
Request Type:Volunteer for a Board or
Commission
Request Location:
Request ID Number:6466
Date Submitted:5/27/2021
Date Closed:(open)
Date Printed:7/14/2021 9:45:48 AM
Submitter Information:Matt Childers
3148 Old Houston Rd
Huntsville, TX 77340
Phone: 9725336383
Email:
Mchilders@verabank.com
Priority:Normal
Assigned To:Johnson, Terri
Date/Person Comments
7/14/2021 9:45:23 AM
Ashley Newsome
The request was re-opened.
5/27/2021 11:36:03 AM
Terri Johnson
The request was closed.
5/27/2021 11:35:45 AM
Terri Johnson
Thank you for your interest in serving on the City of Huntsville's Planning
Commission, Your application has been shared with the City Planner's office.
5/27/2021 11:32:11 AM
(anonymous)
Your Request ID Number is 6466.
Select Board(s) and/or Commission(s)
If selected by the Huntsville City Council, on which board/commissions would
you be willing to serve? Planning Commission
Your Information
Name Matt Childers
Street Number and Name 3148
Old Houston Rd
Address Line 2
City Huntsville
State TX
Zip Code 77340
Phone Number 9725336383
Email Address Mchilders@verabank.com
Preferred Contact Method email
Employment and Residency Background Information
Employer Verabank
Occupation Branch Manager
How long have you been a resident of Huntsville? 6 months
Are you a qualified voter of the City of Huntsville? Yes
Additional Background Information
Please upload a brief resume, including education, past employment, and any
special background or qualifications you have for serving on this
board/commission. No file was uploaded
Please state why you wish to serve the City of Huntsville as a member of a
board, commission or committee. I served the City of Lavon for 2 terms as
Mayor Pro Tem and I have been in banking more than 20 years handling consumer
and business needs. I want to give my talent to serve this City, as my family is here
to stay. We have young children and I believe that Huntsville has some great
history and opportunity to grow. I’d like to be a part of this!
Do you currently serve on a City of Huntsville board, commission or
committee? No
If yes, which board(s), commission(s) or committee(s)?
How long? (Include approximate start and end dates)
Do you have any relatives who work for the City of Huntsville? No
If so, who?
Do you receive any direct compensation or gain from the City of Huntsville?
No
If so, what type?
This application will remain active for ninety (90) days, unless you are
appointed to a board or commission. You must reapply if you would like to be
reappointed at the end of a term or to be considered for another board or
commission.