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City Council Meeting Agenda Packet 12-7-2021Agenda Item # 2a Page 1 Item/Subject: Consider adoption of Ordinance 2021-40 to amend the budget for FY 21-22 and/or CIP Project budgets. Initiating Department/Presenter: Finance Presenter: Steve Ritter Recommended Motion: Move to adopt Ordinance 2021-40 to amend the budget for FY 21-22 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 Amendment was presented to the Finance Committee at their November 16, 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 2021-40, page 2 •Exhibit A (list of budget amendments), pages 3 - 4 12/7/2021 Agenda Item: 2a CITY COUNCIL AGENDA Agenda Item # Page 2 ORDINANCE NO. 2021-40 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2021-2022 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP) BUDGETS, ORDINANCE NO. 2021-27 TO AMEND ADOPTED EXPENDITURES OF THE BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 2021-2022 Annual Budget and CIP Budgets were adopted by Ordinance 2021-27 on September 21, 2021; 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 2021 – 2022 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 2021 – 2022 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 2021 – 2022 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 7th day of December 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 21-22 December 7, 2021 Exhibit A Increase:Police Grants SRF - Grant Expenses 6,380$ Increase:Police Grants SRF - Grant Expenses - reimburse Walker County 6,380$ Increase:Police Grants SRF - Grant Revenues 12,760$ Explanation: The City was awarded a U.S. Dept. of Justice "JAG" grant on October 13, 2021 for $12,760 with one half for the City and one half to go to Walker County. The City will be purchasing 8 body cameras to be used by City police officers. The County intends to use their share of the grant funds for purchasing various office and computer supplies. The grant end date is September 30, 2022. Agenda Item # 2b Item/Subject: Consider authorizing the City Manager to enter into a two-year agreement with Skywonder for the 4th of July Fireworks Display. Initiating Department/Presenter: Parks & Leisure Presenter: Penny Joiner, Parks and Leisure Director Recommended Motion: Move to authorize the City Manager to enter into a two-year agreement with Skywonder for the 4th of July Fireworks Display for FY 21-22 and FY 22-23 in the amount of $25,000 with a combined total of $50,000 for both years. Strategic Initiative: Goal #1 - City Appearance - Provide policies, amenities, and events that enhance the City’s already beautiful and historic natural environment. Discussion: The City of Huntsville Parks and Leisure Departments hosts a 4th of July Celebration annually at Kate Barr Ross Park on Independence Day. The celebration ends with a fireworks display. The Parks and Leisure Department went out for bids for a two-year agreement for fireworks display for year 2022 and 2023. The annual cost for the fireworks will be $25,000 with a combined total of $50,000 for both years. Previous Council Action. Council approved the adopted budget which included $25,000 for the fireworks contract on September 21, 2021. Financial Implications: ☒Item is budgeted in the amount of $ 25,000.00 Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: •Bid Tabulation 12/7/21 Agenda Item: 2b CITY COUNCIL AGENDA Sky Wonder Pyotechnics LLC Description Total Bid Amount Total Bid Amount Total Bid Amount Aerial Fireworks Display Per Year $25,000.00 $ $ Bid Tabulation Project Name: Aerial Fireworks Display Invitation for Bid NO. 02-22 Date: Thursday, October 27, 2021 Time: 2:00 PM Central Time Agenda Item # 3a Item/Subject: Receive a presentation by city staff explaining private development infrastructure funding alternatives including but not limited to MUDs and Public Improvement Districts. Initiating Department/Presenter: Development Services Presenter: Kevin Byal, Director of Development Services Recommended Motion: No action necessary - presentation only. 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: The city has been approached by several developers seeking the city’s approval of alternative infrastructure funding mechanisms with interest in developing residential tracts. As part of the discussion between the developers and the city, they have expressed interest in creating Municipal Utility District’s (MUD) or Public Improvement District’s (PID) to assist with the financing the infrastructure of the development. The goal of this presentation is to educate the Council on these districts and to answer any questions that may arise about the creations of said districts. The item is presented to seek direction on the Council’s preference of one type of Special Utility District over another. Previous Council Action: At the February 2, 2021, City Council meeting, Council approved a resolution supporting the request for the creation of in city MUD Number 1. Financial Implications: ☒There is no financial impact associated with this item. There is no financial impact associated with this presentation; the financial impact of any action the Council considers will be included at the time of consideration. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: 12/7/21 Agenda Item: 3a CITY COUNCIL AGENDA Agenda Item # 3a Item/Subject: Receive a presentation by city staff explaining private development infrastructure funding alternatives. Initiating Department/Presenter: Development Services Presenter: Kevin Byal, Director of Development Services Recommended Motion: No action necessary - presentation only. 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: The city has been approached by several developers seeking the city’s approval of alternative infrastructure funding mechanisms with interest in developing residential tracts. As part of the discussion between the developers and the city, they have expressed interest in creating Municipal Utility District’s (MUD) or Public Improvement District’s (PID) to assist with the financing the infrastructure of the development. The goal of this presentation is to educate the Council on these districts and to answer any questions that may arise about the creations of said districts. The item is presented to seek direction on the Council’s preference of one type of Special Utility District over another. Previous Council Action: At the February 2, 2021, City Council meeting, Council approved a resolution supporting the request for the creation of in city MUD Number 1. Financial Implications: ☒There is no financial impact associated with this item. There is no financial impact associated with this presentation; the financial impact of any action the Council considers will be included at the time of consideration. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: 12/7/21 Agenda Item: 3a CITY COUNCIL AGENDA Private Development Infrastructure Funding Alternatives Special Districts Special Districts Municipal Utility District (MUD) Public Improvement District (PID) MUD Establishes a mechanism to finance public infrastructure to servepropertieswithinthedistrictthroughtheissuanceofgeneralobligationorrevenuebonds,or a combination thereof,the payments of which arederivedfromadvaloremtaxesagainstpropertieslocatedwithinthedistrict. PID Establishes a mechanism to finance improvement projects,including butnotlimitedtowater,wastewater and drainage facilities,the initial paymentofwhichmaybethroughtheissuanceofgeneralobligationorrevenuebonds,or a combination thereof,or directly from a special improvementdistrictfundestablishedbythecitywithgeneraltaxrevenues,the paymentsorrepaymentsofwhichmaybederivedfromspecialassessmentsagainstbenefitedproperties. Method of Creation MUD:Through special act of the Legislature,or by order of the TexasCommissiononEnvironmentalQuality(TCEQ)upon petition by theownersofamajorityofthevalueofthelandintheproposeddistrict.AMUDmaynotbecreatedwithinthecorporatelimitsortheextraterritorialjurisdictionofamunicipalitywithoutconsentofthemunicipality. PID:By resolution of the city council,upon petition of the owners oftaxablerealpropertythatwouldbesubjecttoanassessment. Management of Special Districts MUD:Governed by an elected board of directors.Subject to many lawsapplicabletomunicipalities,or similar,such as Open Meetings and OpenRecordsacts,Public Funds Investment Act,annual fiscal auditingrequirements,competitive bidding,etc.Elections held in compliance withTexasElectionCode.Board of directors may sue and be sued,exercise thepowerofeminentdomain,issue permits,and annex or exclude propertyfromitsboundaries. PID:Governed by the city council,but may appoint an “advisory body”todevelopandrecommendtheimprovementplan.However,the finaldeterminationregardingadvisabilityandnatureoftheimprovements,theestimatedcosts,boundaries of the district,and the method of assessmentandapportionmentofcostsaremadebycitycouncil. Basics of the Financing MUD:Developer creates the district,and advances funds to constructwater,wastewater and/or drainage facilities.Once the assessed valuation ofthedistrictreachesafeasiblelevel,the district issues general obligation orcombinationtaxandrevenuebonds,or other authorized evidences ofindebtedness,and purchases the newly constructed facilities from thedeveloper.Some limitations do exist on reimbursement,but for the mostpartifthedistrictiseconomicallyviable,the developer will recover hiscosts.Ad valorem taxes,or revenues from the water/sewer system,are usedtopaydebtserviceonthebondsorotherevidencesofindebtedness. PID:Developer or city fronts the costs for constructing the improvements.City may issue bonds for this purpose.A special assessment is leviedagainstpropertiesthatarebenefitedfromtheimprovements,in proportiontothebenefitreceived,and proceeds from the assessments are used toreimbursethedeveloperorcity,as applicable. Pros MUD:Traditional scheme.Developers are familiar with the procedures,limitations,and practicalities.Places no management responsibilities oncitystaff. PID:Scope of authorized improvements is vast;good procedures in placetomakestudieddecisionregardingfeasibilityofimprovementprojects.Much public participation provided for.Hearings require consideration ofallaspectsofproject,including basis for determining how to value benefits.PID’s have an expiration date. Cons MUD:Creates another layer of government,with taxing authority.MUD’shavenoexpirationdate.Leaves the city without the absolute control overcertaindevelopmentandgovernmentissues.As with the city,the districtmaynotcontractawayitslegislativeauthority,or legislative discretion,inmanyareas.Citizens are never happy with an additional assessment. PID:Very cumbersome procedure to establish a PID,and to establishassessments.City staff are tasked with complying with all legislativerequirements.Citizens are never happy with an assessment.The assessmentcannotexceedthevalueoftheassessment.Also,even though anassessmentisasuperiorlien,a homestead cannot be foreclosed on tosatisfyanassessment. Questions Agenda Item #4a Item/Subject: Consider the appointments to City of Huntsville Boards, Commissions, and Committee for expired terms or vacant board positions. Initiating Department/Presenter: City Council Presenter: Mayor Andy Brauninger Recommended Motion: Move to appoint the Board and Commission members as presented. 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: Please see the attached list for appointments or reappointments to the following City of Huntsville Boards, Commisisions or Committees: Cemetery Advisory Board. The positions on these Boards and Committees are either expired or were vacant and needed to be filled. Previous Council Action: None Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: • 2021 Board Appointments 12/06/2021 Agenda Item: 4a CITY COUNCIL AGENDA BOARDS & COMMISIONS SEATS BOARD MEMBER TERM EXPIRES Cemetary Advisory Board 7 seats 2-year terms #1 Greg Smith 8/31/2023 #5 Vacant #6 Vacant #8 Vacant