City Council Meeting Agenda Packet 2-1-20221
Russell Humphrey, Mayor Pro Tem, Ward 2 Daiquiri Beebe, Ward 1 Deloris Massey, Ward 3 Jon Strong, Ward 4
CITY OF HUNTSVILLE, TEXAS Andy Brauninger, Mayor Bert Lyle, Position 1 At-Large Dee Howard Mullins, Position 2 At-Large Vicki McKenzie, Position 3 At-Large Pat Graham, Position 4 At-Large HUNTSVILLE CITY COUNCIL AGENDA TUESDAY, February 1, 2022 REGULAR SESSION 6:00 P.M. - City Council Chambers Huntsville City Hall, 1212 Avenue M, Huntsville, Texas, 77340 Persons with disabilities who plan to attend this meeting and may need auxiliary aids or services are requested to contact the City Secretary’s office (936.291.5413) two working days prior to the meeting for appropriate arrangements. MAIN SESSION [6:00 p.m.] CALL TO ORDER
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.
1. CONSENT AGENDA The presiding officer will call for public comments 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. Consider approving the minutes of the regular City Council meeting held on December 21, 2021. [Kristy Doll, City Secretary]
b. Consider approving the minutes of the regular City Council meeting held on January 4, 2022. [Kristy Doll, City Secretary] c. Consider adoption of Ordinance 2022-4 to amend the budget for FY 21-22 and/or CIP Project budgets. [Steve Ritter, Finance Director] d. Consider authorizing the City Manager to award a contract to Neil Technical Services for
removal and replacement of the Robinson Creek Wastewater Treatment Plant Influent/Return Weir Gates and Aeration Basin Weir Gates in the amount of $186,370.00. [Brent S. Sherrod, P.E., Public Works Director] e. Consider the approval of supply contracts for chemicals used in water and wastewater treatment throughout the City with a term of one (1) year plus one (1) year renewal. [Brent S. Sherrod,
P.E., Public Works Director] f. Consider authorizing the City Manager to apply for the FY 2023 Criminal Justice Grant Program for $25,200.00 and adopting Resolution 2022-6. [Kristie R. Hadnot, Grants Manager]
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g. Consider authorizing the City Manager to apply for the 2022 State Homeland Security – Regular
Project Program Grant for $160,000.00 and adopting Resolution 2022-07. [Kristie R. Hadnot, Grants Manager] h. Consider authorizing the City Manager to apply and accept the FY 2022-2023 Victim’s Service Coordinator Grant for $83,784.22, plus $20,946.06 City match, and adopting Resolution 2022-
8. [Kristie R. Hadnot, Grants Manager]
2. STATUTORY AGENDA a. Consider adopting Ordinance 2022-5 - the “Second Supplemental Ordinance to the Master
Ordinance Establishing the City of Huntsville, Texas Utility System Revenue Financing
Program” to issue the Series 2022 Water and Wastewater System Revenue Bonds. [Steve Ritter, Finance Director] b. Consider approving Resolution No. 2022-5 setting the date for a public hearing to initiate the creation of a Public Improvement District to be known as the “Reserves of Huntsville Public
Improvement District” inside the corporate limits of the City of Huntsville, Texas on property
located in the 3400 block of State Highway 30 west. [Kevin Byal, Director of Development Services] c. Consider support of an application for housing tax credits and/or HOME/TCAP funding, to the Texas Department of Housing and Community Affairs for FishPond Living at Walker, LP, a
senior rental housing development proposed to be located at approximately 935 SH 190 E. [Kevin
Byal, Director of Development Services] d. FIRST READING – Consider adopting Ordinance No. 2022-6 Amending Article I of Chapter 8 “Animals and Fowl” of the City Code of Ordinances by adding Section 8-12 prohibiting certain exchanges of animals in various outdoor places. [Kevin Lunsford, Chief of Police]
3. 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.)
Joey Branham – Elkins Lake drainage and flooding prevention
Mitch Reed - Drainage issue in Elkins Lake neighborhood 4. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
5. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff for which no action will be discussed or taken.)
ADJOURNMENT
*If during the course of the meeting and discussion of any items covered by this notice, City Council determines that a Closed or Executive session of the Council is required, then such closed meeting will be held as authorized by Texas
Government Code, Chapter 551, Section 551.071 – consultation with counsel on legal matters; 551.072 – deliberation regarding purchase, exchange, lease or value of real property; 551.073 – deliberation regarding a prospective gift; 551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; 551.076 – implementation of security personnel or devices; 551.087 – deliberation regarding economic development negotiation; Sec. 551.089 - deliberation regarding security devices or security audits; and/or other
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 21st DAY OF DECEMBER 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 regular session with the following: COUNCILMEMBERS PRESENT: Daiquiri Beebe, Russell Humphrey, Jon Strong, Pat Graham, Vickie McKenzie, Deloris Massey COUNCILMEMBERS ABSENT: Mayor Andy Brauninger, Bert Lyle, Dee Howard Mullins OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City Attorney MAIN SESSION [6:00 p.m.] CALL TO ORDER 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. Mayor Pro Tem Humphrey gave the invocation and led the pledges. 1. CONSENT AGENDA
The presiding officer will call for public comments 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. Consider adoption of Ordinance No. 2021-41 to amend the budget for FY 21-22 and/or CIP Project budgets. [Steve Ritter, Finance Director] b. Consider authorizing the City Manager to award a contract to Maximum Construction and Fabrication for enclosing the Robinson Creek WWTP UV Disinfection Area. [Brent S. Sherrod, P.E., Public Works Director]
c. Consider authorizing the City Manager to award a contract to DXP Enterprises for replacing the Robinson Creek WWTP Light Return Sludge Pumps. [Brent S. Sherrod, P.E., Public Works Director] d. Consider authorizing the City Manager to continue a contract with Routeware, Inc. to supply the Solid Waste and Recycling Department routing hardware and software
products to optimize pick up routes and customer service. [Brent S. Sherrod, P.E., Public Works Director] e. Consider adopting Resolution No. 2021-22 and authorize the City Manager to execute the settlement agreement adopting the allocation method for opioid settlement proceeds as set forth in the settlement allocation term sheet. [Rick Rudometkin, Deputy City Manager]
Councilmember McKenzie made a motion to approve the consent agenda; the motion was seconded by Councilmember Beebe. The motion was adopted, 6-0. 2. STATUTORY AGENDA a. Receive a developer’s presentation and consider approval of their request for the creation of a Public Improvement District (PID) inside the city on property located in the 3400 block of State Highway 30 west. [Kevin Byal, Director of Development Services]
Representatives from Paul Hayden Developments and BTR Advisors, the developers, were
present to make a presentation on their proposed project and their request for a Public Improvement District.
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Councilmember Beebe made a motion to authorize the City Manager to prepare the necessary agreements for the creation of a Public Improvement District (PID) for the subject property located on State Highway 30 West.; the motion was seconded by Councilmember Graham. The motion was adopted, 6-0.
b. FIRST READING - Consider authorizing the City Manager to award contract to Dedicated Controls, LLC for the Rehab of the #1 One Million Gallon Ground Storage tank. [Brent S. Sherrod, P.E., Public Works Director]
Councilmember Beebe made a motion to waive the two reading requirements of the rules of procedure and authorize the City Manager to award contract to Dedicated Controls, LLC, in the amount of $317,240.00, which will complete the rehab of the #1 One Million Gallon Ground Storage Tank at Palm Street; the motion was seconded by Councilmember Graham. The motion was approved, 6-0
c. Consider Martin Luther King, Jr. Community Center construction project options. [Aron Kulhavy, City Manager] City Manager Kulhavy reminded the Council that this project was updated at a previous Council
workshop and the estimated cost is higher than what was budgeted for the project. Four options were presented to the Council: Option 1: Proceed with construction by advertising for bids in January and find additional
funding where needed if costs are above the current budgeted amount. The recommended funding source would be General Fund Unallocated Reserves. There is about $4 million in this fund above the policy minimum. A budget amendment for the difference would be done after bids were received on the project.
Option 2: Proceed with renovating the existing MLK, Jr. Community Center only and postpone the construction of the additional structure until such time as funds are allocated in future budgets. Option 3A: Postpone construction of the entire project and apply for grant funding of the for the
totality of the project through the Texas Department of Housing and Community Affairs with the Texas Community Resiliency Program. This grant opportunity centers around the new construction or modification of a public facility which could be used to address a need for social services, and/or non-congregate housing in the community to possibly assist the vulnerable population from contracting or spreading COVID-19 or other communicable diseases. The
proposed project is eligible for up to $5million in funding under this program and staff would submit application to cover the costs of the entire project. Should the City receive the grant funds, the monies that the City has received in the debt issuance for this project could be used for other improvements to the facility or additional improvements located within Emancipation Park.
Option 3B: Proceed with the renovation and expansion of the existing MLK, Jr. Community Center and apply for grant funding for just the additional building. This option would move forward with a portion of the overall project but postpone the construction of the addition until
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the grant as outlined in option 3A is awarded. If the City were not successful in the grant
application, staff would then proceed with option 1 or 2 as outlined above. Councilmember Beebe made a motion to direct the City Manager to proceed with “Option #3A” as presented and in the case the grants aren’t awarded then proceed with “Option 1” as presented. The motion was seconded by Councilmember Graham and approved, 6-0 3. CITY COUNCIL/MAYOR/CITY MANAGER a. Consider an additional funding request from the HEARTS museum for participation in the replica Vietnam Veterans War Memorial project. [Andy Brauninger, Mayor]
Citizen comments were heard from Gretchen Browning. Mr. Ken Lee, President of the Board for the H.E.A.R.T.S. Museum and Tara Burnett, Museum’s Executive Director, gave a brief background on the permanent Vietnam Veterans War Memorial project. They requested additional funding of $65,000 from the City’s HOT
Funds to complete the project. Councilmember McKenzie moved to authorize the City Manager to enter into an agreement with the HEARTS museum for additional participation in the replica Vietnam Veterans War Memorial project in the amount of $65,000 from HOT Funds; the motion was seconded by
Councilmember Graham. The motion was approved, 6-0 4. 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 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
None 6. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff for which no action will be discussed or taken.)
Councilmember Graham announced that the Wynne Home is looking for volunteers to make ceramic bowls starting November 30-December 30 for the annual Empty Bowl Fundraiser to be held on March 1, 2022.
Councilmember Strong reported that the Wynne Home is looking for volunteers to glaze ceramic bowls for the annual Empty Bowls Fundraiser to be held on March 1st. Deputy City Manager Rick Rudometkin introduced the new City Engineer, Kathlie Jeng-Bulloch.
7. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 to receive legal advice concerning litigation; City of
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Huntsville v Walker County ESD No. 3, et al, cause# 2130313; 278th District Court, Walker County, Texas. b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 – consultation with legal counsel on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with chapter 551 relating to and for the purpose of attorney-client communications concerning City of Huntsville New Police Headquarters and Fire Station #2/Fire Administration Building Project. The Council convened into Executive Session at 6:54 p.m.
8. RECONVENE The Council reconvened in open session at 7:08 p.m. with the announcement by Mayor Pro Tem Humphrey that no action was taken. ADJOURNMENT Mayor Pro Tem Humphrey adjourned the meeting without objection at 7:08 p.m.
ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Kristy Doll, City Secretary ```````````Russell Humphrey, Mayor Pro Tem
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 4th DAY OF JANUARY 2022, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 5:30 P.M. The Council met in a workshop and regular session with the following: COUNCILMEMBERS PRESENT: Daiquiri Beebe, Russell Humphrey, Dee Howard Mullins, Jon Strong, Andy Brauninger, Pat Graham, Bert Lyle, Deloris Massey COUNCILMEMBERS ABSENT: Vicki McKenzie OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City Attorney WORKSHOP [5:30 P.M.] A workshop was held to discuss Service Center funding. MAIN SESSION [6:00 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 Jon Strong gave the invocation and Mayor Brauninger led the pledges. PUBLIC HEARING a. Public Hearing to hear comments on the City’s intent to submit a grant application to the Texas Department of Housing and Community Affairs (TDHCA) for the Community Resiliency Program (CRP). (Kristie Hadnot, Grants Manager) Mayor Brauninger opened the public hearing at 6:02 p.m.
Grants Manager Kristie Hadnot gave a report about the grant submittal application to the Texas Department of Housing and Community Affairs (TDHCA) for the Community Resiliency Program (CRP). Mayor Brauninger asked for any comments regarding of the grant application. There were no citizen comments in support of or in opposition of the grant application. Mayor Brauninger closed the public hearing at 6:10 p.m. 1. 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. Consider approving the minutes of the regular City Council meeting held on November 16,
2021. [Kristy Doll, City Secretary] b. Consider adoption of Ordinance 2022-1 to amend the budget for FY 21-22 and/or CIP Project budgets. [Steve Ritter, Finance Director] c. Consider by adopting Resolution 2202-02 - Updating and reaffirming the Citizen Participation
Plan, Section 3 Policy, and the Section 504 Policy Against Discrimination Based on Handicap and Grievance Procedures required for program compliance to administer the Texas Community Resiliency Program (CRP), from the Texas Department of Housing and
Community Affairs. [Kristie Hadnot, Grants Manager] d. Consider authorizing the City Manager to submit an application for the Community Development Block Grant CARES Act (CDBG-CV) funds for the Community Resiliency
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Program (CRP) and adopt Resolution 2022-01. [Kristie Hadnot, Grants Manager] Councilmember Beebe made a motion to approve the consent agenda; the motion was seconded by Councilmember Graham. The motion was adopted, 8-0. 2. STATUTORY AGENDA a. Receive a developer’s presentation and consider approval of their request for the creation of a Public Improvement District (PID) for a residential development to be located at approximately 350 FM 1791 North. [Kevin Byal, Director of Development Services] The developer, Charles Von Schmidt from Waterstone Development Group, LLC, gave the developer’s presentation for a Public Improvement District (PID) located at 350 FM 1791 North.
Councilmember Beebe made a motion to authorize city staff to create the necessary agreements for the creation of a public improvement district for the subject property located on FM 1791 North. The motion
was seconded by Councilmember Lyle. The motion was adopted, 8-0. b. First Reading – Consider Ordinance 2022-2 adopting the City of Huntsville’s 2020 redistricting plan. [Aron Kulhavy, City Manager] No action was taken. 3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. Consider directing the City Manager to prepare an ordinance regulating the outdoor sale of animals. [Russell Humphrey, Mayor Pro Tem]
Citizen comments were heard from Gretchen Browning and Lori Toliver of the Rita B. Huff Humane Society. Councilmember Humphrey made a motion to direct the City Manager to prepare an ordinance and do the necessary research in regulating the outdoor sale of animals in the City of Huntsville; the motion was seconded by Councilmember Graham. The motion was adopted, 5-3. Councilmembers Mullins, Massey, and Beebe voted against the motion.
b. Consider the appointments to City of Huntsville Airport Advisory Board. [Andy Brauninger,
Mayor]
Mayor Brauninger made a motion to nominate individuals to the City of Huntsville Airport Advisory
Board. There were no objections. The motion was adopted, 8-0.
BOARDS & COMMISIONS SEATS BOARD MEMBER TERM EXPIRES
Airport Advisory Board
The term of each member is to be
determined by lot as outlined in
Ordinance No. 2021-32
Scott Brega
Phillip Bruns
Russell Cooper
Wade Gillasppie
Greg Smith
Russell Humphrey
Bert Lyle
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4. 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 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA None 6. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff, for which no action will be discussed or taken.) Mayor Brauninger - Come to Story Time, a fun early literacy program for kids six and under. Join us for
interactive stories, songs, rhymes, and crafts. Tuesday, Wednesday, and Friday sessions all share a theme with something new and exciting each week.
Councilmember Beebe - Mother Goose Lapsit at the Huntsville Public Library. This program is a story time designed for children two years or under. Enjoy this early literacy initiative at 10:45 a.m. Mondays in the Rex Children’s Room. Councilmember Humphrey - The Walker County Genealogical Society (WCGS) and the Huntsville Public Library are beginning a joint, community-wide project to preserve the local history of the Covid-19 Pandemic. Councilmember Massey - KidsScape is perfect for kids ages 7-10. KidsScape offers the opportunity to broaden interests, develop skill sets, and build new friendships.
Councilmember Lyle - Did you know that the Huntsville Public Library offers free e-books? The library does so through the Libby app! Councilmember Mullins - Huntsville Public Library will host an informational session Medicare at 11:00 a.m. on Tuesday, January 11 in the Nash Board Room Mayor Brauninger spoke about COVID testing and the challenges to the community with long lines for
testing. He is urging the community to be patient. 7. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 to receive legal advice concerning litigation; City of Huntsville v Walker County ESD No. 3, et al, cause# 2130313; 278th District Court, Walker County, Texas. The Council convened into Executive Session at 7:04 p.m. 8. RECONVENE The Council reconvened in Open Session at 7:31 p.m. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 7:31 p.m.
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ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________ Kristy Doll, City Secretary Andy Brauninger, Mayor
Page 1
Item/Subject: Consider adoption of Ordinance 2022-4 to amend the budget for FY 21-22 and/or CIP
Project budgets.
Initiating Department/Presenter: Finance
Presenter: Steve Ritter – Finance Director
Recommended Motion: Move to adopt Ordinance 2022-4 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 is in follow up to the Budget Amendment for the Service
Center construction costs which Council approved at their January 18, 2022 meeting. This Budget
Amendment reduces the budget for construction costs for the new Service Center by the $375,000
amount for “add Alternate #4” (demolition of the existing Service Center building and construction of
a parking lot in its place) which Council did not approve in the construction contract.
Previous Council Action: Council approved a Budget Amendment for providing sufficient budget for
the new Service Center building; including “add Alternate #4” at their meeting on January 18, 2022.
Financial Implications:
☒See the attached Ordinance and related Budget Amendments (Exhibit A)
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
•Ordinance 2022-4, page 2
•Exhibit A (list of budget amendments), pages 3 - 4
2/1/2022
Agenda Item: 1c
CITY COUNCIL AGENDA
Page 2
ORDINANCE NO. 2022-4 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 1st day of February 2022.
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
February 1, 2022
Exhibit A Decrease:Proposition 2 - Service Center CIP - Construction 375,000$
Decrease:Gen Fund - Transfer to CIP - Service Center CIP 375,000$
Increase:Gen Fund - Unallocated Reserves 375,000$
Explanation:
At Council's January 18, 2022 meeting Council approved a budget amendment for
additional funds needed to cover the cost of the construction contract for the new Service
Center building that included "add Alternate #4 (the cost for demolishing the existing
Service Center building and constructing of a parking lot) in an amount of $375,000. In the
agenda item to approve the construction contract for the new Service Center building the
"add Alternate #4" was removed from the contract. This budget amendment reduces the
budget for the construction of the new Service Center building by the $375,000 amount of
the "add Alternate #4 and reduces the amount of funding coming from General Fund
Unallocated Reserves.
Item/Subject: Consider authorizing the City Manager to approve and award a contract to Neil Technical
Services for removal and replacement of the Robinson Creek Wastewater Treatment Plant
Influent/Return Weir Gates and Aeration Basin Weir Gates in the amount of $186,370.00.
Initiating Department/Presenter: Public Works
Presenter: Brent S. Sherrod, P.E. – Public Works Director
Recommended Motion: Move to authorize the City Manager to approve and award a contract to Neil
Technical Services for removal and replacement of the Robinson Creek Wastewater Treatment Plant
Influent/Return Weir Gates and Aeration Basin Weir Gates in the amount of $186,370.00.
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 Robinson Creek Wastewater Treatment Plant (WWTP) influent/return weir gates and
aeration basin weir gates function to keep flows at the proper proportional levels within the treatment
process to ensure proper treatment. The current weir gates are original equipment from 2002 and were
made of aluminum. They have become extremely oxidized and can no longer function as designed,
which means that flows cannot be adjusted or diverted as needed.
City staff proposed a scope of work to include removal and replacement of the existing aluminum weir
gates, along with all associated brackets and bypass pumping, and replacing the existing weir gates and
accessories with new stainless steel weir gates. These weir gates should last for decades in comparison
to the more fragile aluminum weir gates. This will be a turnkey project that will require the vendor to
perform all necessary work to ensure proper operation of the new weir gates.
City staff utilized sealed bid proposals for replacing the Weir Gates to achieve optimal results at a
competitive price. Multiple vendors were invited to bid, along with the invitation to bid being advertised
as required. Two mandatory site visits were conducted, and one bid was received and opened on
January 20, 2022. Staff have checked references for Neil Technical Services and based on their
performance in previous weir gate replacements at Robinson Creek WWTP, recommends approving
them to provide the necessary services, as outlined within the quote, for $186,370.00.
Previous Council Action: The funds for this project were approved by council on 11/16/2021 with other
ARP expenses.
Financial Implications: ☒Item is budgeted: 713-71309-62300 In the amount of: $266,000.00
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
•Bid Tabulation
2/1/2022
Agenda Item: 1d
CITY COUNCIL AGENDA
Description NST
Pumps, Motors and Controls
Lump sum for the Purchase, Removal and
Installation of Influent/Return and Aeration
Basin Weir Gates Bid NO. 22-05
$186,370.00 Dollars Dollars Dollars Dollars Dollars
Number of days for competition from date of
Purchase Order. 220 Days Days Days Days Days
Circle if Included Circle if Included Circle if Included Circle if Included Circle if Included
No Yes / No Yes / No Yes / No Yes / No
Circle if Included Circle if Included Circle if Included Circle if Included Circle if Included
Yes Yes / No Yes / No Yes / No Yes / No
Circle if Included Circle if Included Circle if Included Circle if Included Circle if Included
No Yes / No Yes / No Yes / No Yes / No
Itemized Bid Sheet must be included with bid
packet
Bid Bond must be included with bid packet
Addendum Form must be included with bid
packet (if applicable – available on or before
December 22, 2021, at 5:00 P.M.)
Bid Tabulation
Project Name: Bid NO. 22-05 Purchase, Removal and Installation of Influent/Return and Aeration Basin Weir Gates
Date: Tuesday, January 18, 2022 Time: 2:00 P.M. Central Time
Location: 1212 Avenue M Huntsville, TX 77340
Item/Subject: Consider authorizing the approval and award of a contract for supply contracts for
chemicals used in water and wastewater treatment throughout the City with a term of one (1) year plus
one (1) year renewal.
Initiating Department/Presenter: Public Works
Presenter: Brent Sherrod, P.E. – Director of Public Works
Recommended Motion: Move to authorize the City Manager to approve and award a contract in the
amount of, not to exceed, $262,783.50 for supply contracts to DXI Industries, Inc., for chlorine and
sulfur dioxide in gas form, Polydyne, Inc. for polymer, NAPCO Chemical for Liquid Ammonium Sulfate
and Polyphosphate, Univar Solutions for Hydrofluorisilicic Acid, Rommelmann Enterprises, LLC for
Sodium Hypochlorite, and Chemrite, Inc. for Calcium Hypochlorite to be used in water and wastewater
treatment throughout the City with a term of one (1) year plus one (1) year renewal.
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 of Huntsville uses water and wastewater treatment chemicals to keep the water
wells, ground water systems, and public waters safe in accordance with the Texas Commission on
Environmental Quality (TCEQ) guidelines. The chemicals included in this bid award recommendation
are chlorine, sulfur dioxide, polymer, liquid ammonium sulfate, hydrofluorisilicic acid, polyphosphate,
sodium hypochlorite, and calcium hypochlorite. A bid tabulation has been provided for City Council
review for these chemicals, with highlighted cells denoting vendor and unit prices proposed for award.
City staff utilized sealed bid proposals for water and wastewater chemicals to achieve optimal results
at a competitive price. Multiple vendors were invited to bid, along with the invitation to bid being
advertised as required. City staff recommends approving supply contracts to DXI Industries Inc. for
chlorine and sulfur dioxide in gas form, Polydyne, Inc. for polymer, NAPCO Chemical for Liquid
Ammonium Sulfate and Polyphosphate, Univar Solutions for Hydrofluorisilicic Acid, Rommelmann
Enterprises, LLC for Sodium Hypochlorite, and Chemrite, Inc. for Calcium Hypochlorite to be used in
water and wastewater treatment throughout the City with a term of one (1) year plus one (1) year
renewal.
Previous Council Action: Previous chemical supply contract was awarded by Council on 1/7/2020.
Financial Implications: ☒Item is budgeted: Various PW division budgets In the amount of: $262,783.50
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
•Bid Tabulation
2/1/22
Agenda Item: 1eE
CITY COUNCIL AGENDA
Line Item Description Locations Unit
Approximate Quantity (1 year)
Unit Price Total (1 year) Unit Price Total (1 year) Unit Price Total (1 year) Unit Price Total (1 year) Unit Price Total (1 year) Unit Price Total (1 year) Unit Price Total (1 year) Unit Price Total (1 year) Unit Price Total (1 year)
1
Chlorine in gas formOne (1) ton cylinder
*Lower Pressure Pump Station:805 Hwy 30, East Huntsville, TX*A.J. Brown Waste Water TreatmentPlant: 4 Parker Creek Road Huntsville, TX*N.B. Davidson Waste Water TreatmentPlant: 1860 Camellia Huntsville, TX*Spring Lake Water Plant: 3391 Autumn Drive, Huntsville, TX*Palm Street Water Plant: 596 Palm Street Huntsville, TX
Per 1 Ton Cylinder 60 1,772.00$ 106,320.00$
Per 1 lbs.7,500 1.226$ $ 9,195.00
Per 150 lbs. Cylinder 50 184.00$ 9,200.00$
3
Sulfur Dioxide in gas form One (1) ton cylinder
*A.J. Brown Waste Water TreatmentPlant: 4 Parker Creek Road Huntsville, TX*N.B. Davidson Waste Water TreatmentPlant: 1860 Camellia Huntsville, TX
Per 1 Ton Cylinder 18 1,772.00$ 31,896.00$
4
Liquid Ammonium SulfatePrice per one (1) gallon
*Lower Pressure Pump Station:805 Hwy 30, East Huntsville, TX*Spring Lake Water Plant:3391 Autumn Drive, Huntsville, TX*Palm Street Water Plant: 596 Palm Street Huntsville, TX
Per 1 Gallon 3,750 2.90$ 10,875.00$
Per 1 Gallon 3,025 12.47$ 37,721.75$
Per 55 Gallon Drum 55 652.50$ 35,887.50$
6
Hydrofluorisilicic AcidPrice per one (1) gallon
*Lower Pressure Pump Station:805 Hwy 30, East Huntsville, TX*Spring Lake Water Plant:3391 Autumn Drive, Huntsville, TX*Palm Street Water Plant: 596 Palm Street Huntsville, TX
Per 1 Gallon 2,700 7.50$ 20,250.00$ 6.45$ 17,415.00$ 8.17$ 22,059.00$
Per 1 Gallon 150 13.00$ 1,950.00$ 19.975$ 2,996.25$ 16.1240$ 2,418.60$ 19.47$ 2,920.50$ 15.3345$ 2,300.18$
Per 30 Gallon Drum 5 390.00$ 1,950.00$ 599.250$ 2,996.25$ 483.72$ 2,418.60$ 584.10$ 2,920.50$ 456.5429$ 2,282.71$
Per 1 Gallon 11,000 4.15$ 45,650.00$ 3.89$ 42,790.00$ Per 55 Gallon Drum 200 228.25$ 45,650.00$ 219.07$ -$ 213.95$ 42,790.00$
Per 1 Pound 200
Per 40 lbs. Bucket 5
Per 1 Pound 960Per 60 lbs. Bucket 16Per 1 Pound 160Per 10 Pound Pack 16
Per 1 Pound 3,000 2.50$ 7,500.00$ 2.15$ 6,450.00$
Per 100 lbs. Bucket 30 250.00$ 7,500.00$ 220.00$ 6,600.00$ 215.00$ 6,450.00$
Total $262,783.50
*Lower Pressure Pump Station:805 Hwy 30, East Huntsville, TX*Spring Lake Water Plant:3391 Autumn Drive, Huntsville, TX*Palm Street Water Plant: 596 Palm Street Huntsville, TX
Chlorine in gas formOne (1) 150lb cylinder
Polyacrylamide based FlocculantPrice per 55 gallon drum
11 *Service Center Front448 SH 75 N Huntsville, TX
7
5
*A.J. Brown Waste Water TreatmentPlant: 4 Parker Creek Road Huntsville, TX*N.B. Davidson Waste Water TreatmentPlant: 1860 Camellia Huntsville, TX
*Lower Pressure Pump Station:805 Hwy 30, East Huntsville, TX*Spring Lake Water Plant: 3391 Autumn Drive, Huntsville, TX*Palm Street Water Plant:596 Palm Street Huntsville, TX
PolyphosphatePrice per 30 gallon drum
2
*A.J. Brown Waste Water TreatmentPlant: 94 Parker Creek Road Huntsville, TX*Robinson Creek Waste WaterTreatment Plant: 4420 FM 1374 Huntsville, TX *N.B. Davidson Waste Water Treatment
8 *Robinson Creek Waste WaterTreatment Plant: 4420 FM 1374 Huntsville, TX
9 *Robinson Creek Waste WaterTreatment Plant: 4420 FM 1374 Huntsville, TX
10 *Service Center Front448 SH 75 N Huntsville, TX
Sodium HypochloritePrice per 55 gallon drumMalodor SuppressantPrice per 40 Grease EmulsifierPrice per 60 Pound Bucket
Bid TabulationProject Name: Bid NO. 22-06 Water and Wastewater ChemicalsLocation: 1212 Avenue M Huntsville, TX 77340Date: Thursday, January 20, 2022 Time: 2:00 P.M. Central Time
Vendor Notes:Bidding on CP-33. Minimum 10 drums per delivery
Lucy's Notes:$1.226 x 7,500 lbs = $9,195.00
Vendor Quoted: $1.226 x 7,500 lbs = $9,200.00
Lucy's Notes: $19.975 per gallon x 30 gallons = $599.25$599.25 x 5 30 gallon drums = S2,996.25
Vendor Quoted: 19.975 per gallon x 30 gallons = $599.25$19.975 x 5 30 gallon drums = S99 88
Vendor Notes: CE-1473 - 8.6 Lbs./Gal x
$1.45Lb. = $12.47/Gal
C-6246 - $1.45Lb. x 450lbs.Drum = $652.50/Drum
Lucy's Notes: $6.45 x 2,700 = S17,415.00
$219.07 x 200 = $43,814.00
Vendor Quoted: $6.45 x 2,700 = S22,575.00
$219.07 x 200 = $43 813 00
DXI Industries, Inc.Carus LLCNAPCO Chemical Chemrite, Inc
12
Root Control ChemicalPrice per 10 Pound Pack
Calcium Hypochlorite GranularPrice per 100 Pound Bucket
Sterling Water Technolgies LLCShannon Chemical CorporationPolydyne Inc.Univar Solutions Rommelmann Enterprises, LLC
Item/Subject: Consider authorizing the City Manager to apply for the FY 2023 Criminal Justice Grant
Program for $25,200.00 and consider adopting Resolution 2022-6.
Initiating Department/Presenter: Finance
Presenter: Kristie R. Hadnot, Grants Manager
Recommended Motion: Move to authorize the City Manager to apply for the FY 2023 Criminal Justice
Grant Program for $25,200.00 and adopt Resolution 2022-6.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: The City population is growing and the need for Huntsville Police Department to patrol
and maintain a higher level of safety within the community is greater. To meet the increased
community need, the Huntsville Police Department must be able to engage the public in a safe and
responsible manner. In exchange for performing their duty of service, the officers need to be provided
with effective tools in the field which can aid them in maintaining a personal position of safety at a
potential crime scene or location site during public interactions.
To aid the Huntsville Police Department in achieving this objective, the Department would like to submit
a grant application to the Office of the Governor requesting twenty (20) mobile fingerprint devices for
the patrol officers. The fingerprint devices are handheld modules which can be used by patrol officers
to collect the fingerprints of potential individuals at a crime scene to ascertain positive identification
and potential warrant status. The information collected can be transmitted via Bluetooth or USB
connection to the Huntsville Police Department workstation to generate a Harris County AFIS system
compliant file request which is sent to the Harris County Sheriff’s Office AFIS system for identification.
The results are immediately sent back to the Huntsville Police Department workstation and transmitted
back to the fingerprinting device providing notification and positive identification of an individual.
The devices will come with the necessary battery chargers, Bluetooth USB Micro Adapters, and a 1-year
product maintenance warranty. Purchase of the devices will be completed during the applicable 12
months of funding. All funds are anticipated to be spent and the grant will be closed by September 30,
2023.
The project performance period for an equipment only purchase is to be awarded for a 12-month grant
period. There are no matching funds required of this grant.
Previous Council Action: No previous action has been taken.
Financial Implications: ☒Item is not budgeted: If the grant is awarded, Staff will bring a Budget Amendment to Council for
approval at the appropriate time.
Approvals: ☒City Attorney ☒Director of Finance ☒City Manager
2/1/2022
Agenda Item: 1f
CITY COUNCIL AGENDA
Associated Information:
•Resolution – 2022-6
RESOLUTION NO. 2022-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF THE APPLICATION FOR THE FY 2023 CRIMINAL
JUSTICE GRANT PROGRAM FOR MOBILE FINGERPRINT EQUIPMENT; AND
AUTHORIZING THE CITY MANAGER, AND/OR ALTERNATIVELY, THE DEPUTY CITY
MANAGER, TO ACT AS THE CITY’S EXECUTIVE OFFICER AND AUTHORIZED
REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN
THE GRANT PROGRAM.
WHEREAS The City desires to ensure the safety of all it citizens and; the City of Huntsville requires
the Huntsville Police Department be charged with this task; and
WHEREAS It is necessary and in the best interest of the City to apply for funding under the FY 2023
Criminal Justice Grant Program.
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that:
SECTION 1: A Criminal Justice Grant Program application is hereby authorized to be filed on behalf of
the City and be placed in competition for funding to the Texas Office of the Governor,
Public Safety Office, Criminal Justice Division.
SECTION 2: The application will be for $25,200.00 to furnish the Huntsville Police Department with
twenty (20) MorphoIDent mobile fingerprint modules.
SECTION 3: The Mayor and City Council strongly support this application to address the safety needs
of the Community.
SECTION 4: The City Council directs and designates the City Manager, and/or alternatively, the Deputy
City Manager, as the City’s Chief Executive Officer and Authorized Representative to act
in all matters in connection with this application and the City’s participation in the FY 2023
Criminal Justice Grant Program.
PASSED AND APPROVED this 1st day of February, 2022.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Item/Subject: Consider authorizing the City Manager to apply for the 2022 State Homeland Security
–Regular Project Program Grant for $160,000.00 and consider adopting Resolution 2022-07.
Initiating Department/Presenter: Finance
Presenter: Kristie R. Hadnot, Grants Manager
Recommended Motion: Move to authorize the City Manager to apply for the 2022 State Homeland
Security – Regular Project Program Grant for $160,000.00 and adopt Resolution 2022-07.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: To aid in meeting the technological goals to secure investigative evidence data and
information, the Huntsville Police Department would like to submit a grant application to the
Governor’s Office under the State Homeland Security Grant Program in the amount of $160,000 to fund
the purchase of attaining a secure cloud based digital evidence management system for a 5-year term.
The Huntsville Police Department currently archives digital evidence to standard network folders and
DVDs. Over the past 5 years the amount of network storage used for active case files has gone from
80GB in 2017 to 550GB as of January 2022. DVDs archived per year has gone up from 1000 discs in 2016
to 2500 discs in 2021. This amounts to around 23.5 Terabytes (or 23,500 Gigabytes) if each disc is full.
In car and body cam footage that expires after 120 days, storage amounts go up to 4 Terabytes. The
software we are looking to purchase will include approximately 30 Terabytes of cloud storage to cover
where most case files become eligible for destruction after 2 years.
There is currently no formal system in place for the destruction of digital evidence and Huntsville PD
currently has discs dating back to the 2000's. This software will have retention policies setup to alert
records when case files are eligible for destruction and once destroyed maintain chain of custody, and
reason for destruction.
Sharing evidence is currently a lengthy, time inefficient process. If the evidence is already on DVD, the
officer must go and check out the DVD, put it into a replicator to create a copy, test it to confirm content,
then physically deliver to the District Attorney's office. The software we are looking to purchase would
allow officers to share the case with the District Attorney’s Office and other agencies all from within
the platform.
Procurement of this system would increase and enhance the time management processes of officers
archiving and retrieving evidence, while also expanding the technological capabilities of the
Department to share information and data with other participating law enforcement agencies which
only can be accessed externally through a secure link.
The project performance period for an equipment only purchase is to be awarded for 12-month grant
performance period beginning on October 1, 2022. There are no matching funds required of this grant.
2/1/2022
Agenda Item: 1g
CITY COUNCIL AGENDA
Previous Council Action: No previous action has been taken.
Financial Implications: ☒Item is not budgeted: If the grant is awarded, Staff will bring a Budget Amendment to Council for
approval at the appropriate time.
Approvals: ☒City Attorney ☒Director of Finance ☒City Manager
Associated Information:
•Resolution – 2022-7
RESOLUTION NO. 2022-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF THE APPLICATION FOR THE 2022 STATE
HOMELAND SECURITY – REGULAR PROJECTS PROGRAM FOR A CLOUD-BASED
DIGITAL EVIDENCE MANAGEMENT SYSTEM; AND AUTHORIZING THE CITY
MANAGER, AND/OR ALTERNATIVELY, THE DEPUTY CITY MANAGER, TO ACT AS THE
CITY’S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS
PERTAINING TO THE CITY’S PARTICIPATION IN THE GRANT PROGRAM.
WHEREAS The City desires to ensure the safety of all it citizens and; the City of Huntsville requires
the Huntsville Police Department be charged with this task; and
WHEREAS It is necessary and in the best interest of the City to apply for funding under the 2022 State
Homeland Security – Regular Projects Program.
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that:
SECTION 1: A State Homeland Security Program application is hereby authorized to be filed on behalf
of the City and be placed in competition for funding to the Texas Office of the Governor,
Public Safety Office.
SECTION 2: The application will be for $160,000.00 to furnish the Huntsville Police Department with
a cloud-based digital evident management system.
SECTION 3: The Mayor and City Council strongly support this application to address the information
security needs of the Department and the safety needs of the Community.
SECTION 4: The City Council directs and designates the City Manager, and/or alternatively, the Deputy
City Manager, as the City’s Chief Executive Officer and Authorized Representative to act
in all matters in connection with this application and the City’s participation in the 2022
State Homeland Security – Regular Projects Program.
PASSED AND APPROVED this 1st day of February, 2022.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Page 1
Item/Subject: Consider authorizing the City Manager to apply and accept the FY 2022-2023 Victim’s
Service Coordinator Grant for $83,784.22, plus $20,946.06 City match, and consider adopting
Resolution 2022-08.
Initiating Department/Presenter: Finance; Public Safety
Presenter: Kristie Hadnot – Grants Manager
Recommended Motion: Move to authorize the City Manager to apply and accept the FY 2022-2023
Victims’ Service Coordinator Grant for $83,784.22, plus $20,946.06 City match, and adopt Resolution
2022-08.
Strategic Initiative: Goal #6 - Public Safety - Provide safety and security for all citizens.
Discussion: The City has had a Victim’s Service Coordinator since November 2011 through grant
funding from the Criminal Justice Department (CJD) of the Governor’s Office and Houston-Galveston
Area Council (H-GAC). We are now in our 11th year of funding. The grant funding with this award has
been decreased from a 2-year performance cycle to an annual (1 year) performance cycle.
On March 2, 2021, Council approved the continuation of the grant through Resolution 2021-07 applying
for $79,394.50 in grant funds with $20,348.62 in cash match. The FY 2022 grant was awarded under
Contract Number 2463208. The performance cycle of that grant will end on September 30, 2022.
Continuation of the same grant program will require a new application to the Governor’s Office with a
new budget to be applied for the FY 2023 performance period, with an effective start date of October
1, 2022. The continuation contract number to be assigned from the Governor’s Office under this
program is 2463209.
For the FY 2023 performance period, the Victim’s Services Coordinator program is in need of
$104,730.28 [$83,784.22 for grant funding and $20,946.06 for match fund allocation] in order to
operate for the FY 2022-2023 performance term.
The City’s Victim’s Service Coordinator work with many victims of crime each year since. The Victim’s
Services Coordinator offers crisis intervention, referrals to community agencies for counseling for
sexual assault and domestic violence, assistance in completing safety plans for domestic violence
situations, assistance in filing for restitution and relocations for victims, provides support and advocacy
for hospital visits, and assists victims in registering for notifications.
The funding provided in this award will pay for 80% of the salary and benefits for the Victim’s Service
Coordinator along with office supplies, travel and training, equipment, program and victim service
goods, and the monthly fees associated with telecommunication and internet service equipment.
All expenditures budgeted for this position is budgeted in General Fund, and unreimbursed expenditures
(cash match) are paid from other General Fund Revenues.
2/1/2022
Agenda Item: 1h
CITY COUNCIL AGENDA
Page 2
Previous Council Action: Council originally approved applying for this grant under Contract #2463208,
referencing Resolution 2021-07 on March 2, 2021. Continuation of this grant with a new performance
budget under Contract #2463209 is a new action.
Financial Implications: ☒Item is not budgeted: If the grant is awarded for continuation, staff will bring a Budget
Amendment to Council for approval at the appropriate time.
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
•Resolution – 2022-8
•Resolution – 2021-7
RESOLUTION NO. 2022-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF THE APPLICATION FOR THE FY 2023 GENERAL
VICTIM ASSISTANCE GRANT PROGRAM TO THE TEXAS CRIMINAL JUSTICE DIVISION
OF THE GOVERNOR’S OFFICE FOR A VICTIM’S SERVICE COORDINATOR AND DIRECT
SERVICES; AND AUTHORIZING THE CITY MANAGER, AND/OR ALTERNATIVELY, THE
DEPUTY CITY MANAGER, TO ACT AS THE CITY’S EXECUTIVE OFFICER AND
AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY’S
PARTICIPATION IN THE GRANT PROGRAM.
WHEREAS The City desires to ensure the safety of all it citizens and; the City of Huntsville requires
the Huntsville Police Department be charged with this task; and
WHEREAS It is necessary and in the best interest of the City to apply for funding under the FY 2023
General Victim Assistance Grant Program.
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that:
SECTION 1: A General Victim Assistance Grant Program application is hereby authorized to be filed
on behalf of the City and be placed in competition for funding to the Texas Office of the
Governor, Public Safety Office, Criminal Justice Division.
SECTION 2: The application will be for $104,730.28 of which $83,784.22 will be in grant funds, to
provide salary, benefits, supplies and training for a Victim’s Service Coordinator and the
City agrees to provide matching funds of $20,946.06.
SECTION 3: The Mayor and City Council strongly support this application to address the safety and
well-being needs of the Community.
SECTION 4: The City agrees that in the event of loss or misuse of the Criminal Justice Division funds,
the City assures that the funds will be returned to the Criminal Justice Division in full.
SECTION 5: The City Council directs and designates the City Manager, and/or alternatively, the Deputy
City Manager, as the City’s Chief Executive Officer and Authorized Representative to act
in all matters in connection with this application and the City’s participation in the FY 2023
General Victim Assistance Program.
PASSED AND APPROVED this 1st day of February, 2022.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Item/Subject: Consider adopting Ordinance 2022-5 the “Second Supplemental Ordinance to the
Master Ordinance Establishing the City of Huntsville, Texas Utility System Revenue Financing Program”
to issue the Series 2022 Water and Wastewater System Revenue Bonds.
Initiating Department/Presenter: Finance
Presenter: Steve Ritter – Finance Director
Recommended Motion: Move to adopt Ordinance 2022-5 the “Second Supplemental Ordinance to the
Master Ordinance Establishing the City of Huntsville, Texas Utility System Revenue Financing Program”
to issue the Series 2022 Water and Wastewater System Revenue Bonds.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: Ordinance 2022-5 authorizes the issuance of the Series 2022 Water and Wastewater
Revenue Bonds issued pursuant to the Master Ordinance. This Ordinance contains specific terms
and/or provisions of these Series 2022 Water and Wastewater Revenue Bonds including the principal
amortization, interest rates, any reserve fund requirements, designation of paying agent, federal tax
covenants pursuant to Internal Revenue Service requirements for tax-exempt obligations and
continuing disclosure covenants pursuant to Securities and Exchange Commission requirements.
Various amounts (including blanks) in this Ordinance as provided to Council on January 28, 2022 will be
revised based on the actual sale of the bonds the morning of February 1, 2022. Council will receive an
updated version of the Ordinance the evening of February 1, 2022 for approval with amounts and terms
of the actual sale of the Bonds.
Previous Council Action: None.
Financial Implications: Issuing these Series 2022 Water and Wastewater System Revenue Bonds will
provide funds for water and wastewater projects totaling approximately $20,400,000 and cover
issuance costs and provide for any Reserve Fund requirements (if needed).
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
Ordinance 2022-5 (pages 2 – 47)
2/1/2022
Agenda Item: 2a
CITY COUNCIL AGENDA
HUNTSVILLE\W&WWSysRev\2018: SecondSupplementalResolution
ORDINANCE NO. 2022-5
SECOND SUPPLEMENTAL ORDINANCE TO THE MASTER ORDINANCE ESTABLISHING THE CITY OF HUNTSVILLE, TEXAS UTILITY SYSTEM REVENUE FINANCING PROGRAM
Adopted February 1, 2022
HUNTSVILLE\WWSRB 2nd Supp Res i
ORDINANCE NO. 2022-5
SECOND SUPPLEMENTAL ORDINANCE TO THE MASTER ORDINANCE ESTABLISHING THE CITY OF HUNTSVILLE, TEXAS UTILITY SYSTEM REVENUE FINANCING PROGRAM
TABLE OF CONTENTS
SECTION PAGE ARTICLE I
BONDS ISSUED UNDER UTILITY SYSTEM REVENUE FINANCING PROGRAM
Section 1.01. DEFINITIONS .........................................................................................................1 Section 1.02. ESTABLISHMENT OF FINANCING PROGRAM AND ISSUANCE OF PARITY DEBT ...................................................................2
Section 1.03. SECOND SUPPLEMENT TO CONSTITUTE A CONTRACT;
EQUAL SECURITY ...............................................................................................2 Section 1.04. LIMITATION OF BENEFITS WITH RESPECT TO THIS SECOND SUPPLEMENT .......................................................................................2
ARTICLE II BOND AUTHORIZATION AND SPECIFICATIONS Section 2.01. AMOUNT, PURPOSE AND DESIGNATION OF THE BONDS .........................3 Section 2.02. DATE, DENOMINATIONS, NUMBERS, MATURITIES
AND TERMS OF BONDS ......................................................................................3
Section 2.03. PAYMENT OF BONDS; PAYING AGENT/REGISTRAR ..................................5 Section 2.04. REDEMPTION ........................................................................................................6 Section 2.05. REGISTRATION; TRANSFER; EXCHANGE OF BONDS; PREDECESSOR BONDS; BOOK-ENTRY-ONLY SYSTEM;
SUCCESSOR SECURITIES DEPOSITORY; PAYMENTS TO
CEDE & CO. ...........................................................................................................7 Section 2.06. INITIAL BOND.....................................................................................................10 Section 2.07. FORM OF BONDS................................................................................................10
ARTICLE III EXECUTION; REPLACEMENT OF BONDS; AND BOND INSURANCE Section 3.01. EXECUTION AND REGISTRATION .................................................................10 Section 3.02. CONTROL AND CUSTODY OF BONDS ..........................................................11
Section 3.03. PRINTED OPINION .............................................................................................11
Section 3.04. CUSIP NUMBERS ................................................................................................11 Section 3.05. MUTILATED, DESTROYED, LOST, AND STOLEN BONDS .........................11 Section 3.06. BOND INSURANCE ............................................................................................12
HUNTSVILLE\WWSRB 2nd Supp Res ii
ARTICLE IV
PAYMENTS, REBATE ACCOUNT AND RESERVE ACCOUNT
Section 4.01. PAYMENTS ..........................................................................................................12 Section 4.02. REBATE ACCOUNT ...........................................................................................13 Section 4.03 RESERVE ACCOUNT .........................................................................................13 ARTICLE V COVENANTS REGARDING TAX EXEMPTION Section 5.01. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BONDS ..................................................................................................19
Section 5.02 ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR
PROJECT. ..............................................................................................................21 Section 5.03 DISPOSITION OF PROJECT. ..............................................................................22
ARTICLE VI AMENDMENTS AND MODIFICATIONS Section 6.01. AMENDMENTS OR MODIFICATIONS WITHOUT CONSENT OF OWNERS OF BONDS ............................................................................................................22
Section 6.02. AMENDMENTS OR MODIFICATIONS WITH CONSENT OF OWNERS OF BONDS ..................................................................................................................23 Section 6.03. EFFECT OF AMENDMENTS ..............................................................................24 ARTICLE VII MISCELLANEOUS Section 7.01. DISPOSITION OF BOND PROCEEDS AND OTHER FUNDS .........................24 Section 7.02. MAILED NOTICES ..............................................................................................25
Section 7.03. DEFEASANCE OF BONDS .................................................................................25 Section 7.04. PAYING AGENT/REGISTRAR AGREEMENT, SALE OF BONDS, OFFICIAL STATEMENT AND VOTED AUTHORIZATION ...........................27 Section 7.05. FURTHER PROCEDURES ..................................................................................27 Section 7.06. NONPRESENTMENT OF BONDS......................................................................28
Section 7.07. EFFECT OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS ...............28 Section 7.08. PARTIAL INVALIDITY ......................................................................................28 Section 7.09. CONTINUING DISCLOSURE UNDERTAKING ...............................................28 Section 7.10. CREDIT AGREEMENT .......................................................................................32 Section 7.11. DEFAULT AND REMEDIES ...............................................................................32
Section 7.12. RULES OF INTERPRETATION ..........................................................................33 Section 7.13. INDIVIDUALS NOT LIABLE .............................................................................34 Section 7.14. PAYMENT OF ATTORNEY GENERAL FEE ....................................................34 EXHIBIT A - Definitions EXHIBIT B - Form of Bonds
EXHIBIT C - Description of Annual Financial Information
ORDINANCE NO. 2022-5
SECOND SUPPLEMENTAL ORDINANCE TO THE MASTER ORDINANCE ESTABLISHING THE CITY OF HUNTSVILLE, TEXAS UTILITY SYSTEM REVENUE FINANCING PROGRAM
THE STATE OF TEXAS § CITY OF HUNTSVILLE § WHEREAS, on May 1, 2018, the City Council of the City of Huntsville, Texas (the
"City"), adopted a "Master Ordinance Establishing the City of Huntsville, Texas Utility System
Revenue Financing Program" (referred to herein as the "Master Ordinance"); and WHEREAS, in order to enable the City to provide for the financing of the utility system projects authorized by Chapter 1502, Texas Government Code, as amended, and any other
applicable provisions of State law, the Master Ordinance establishes a revenue financing program
pursuant to which the City can issue and enter into obligations, including bonds and other types of obligations, secured by and payable from a pledge of and lien on all or part of the Security, as hereinafter defined; and
WHEREAS, for such purposes, the City deems it necessary to issue Parity Debt, as
hereinafter defined, pursuant to this "Second Supplemental Ordinance to the Master Ordinance establishing the City of Huntsville, Texas Utility System Revenue Financing Program" (the "Second Supplement"); and
WHEREAS, the City further finds and determines that all terms and conditions for the
issuance of the bonds herein authorized as Parity Debt have been or can be met and satisfied; and WHEREAS, the bonds authorized to be issued by this Second Supplement are to be issued and delivered pursuant to the Enabling Act, as hereinafter defined, and other applicable State laws.
NOW THEREFORE, BE IT ORDAINED BY THE CITY OF HUNTSVILLE, TEXAS THAT: ARTICLE I
BONDS ISSUED UNDER UTILITY SYSTEM REVENUE FINANCING PROGRAM Section 1.01. DEFINITIONS. (a) Definitions. The capitalized terms used herein (except in the FORM OF BONDS set forth in Exhibit B hereto) and not otherwise defined shall have the
meanings given in the Master Ordinance or in Exhibit A to this Second Supplement. The recitals
to this Second Supplement and the exhibits hereto are incorporated herein and made a part hereof for all purposes.
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(b) Construction of Terms. If appropriate in the context of this Second Supplement, words of the singular number shall be considered to include the plural, words of the plural number
shall be considered to include the singular, words of the masculine, feminine, or neuter gender
shall be considered to include the other genders, and words importing persons shall include firms, associations, and corporations. Section 1.02. ESTABLISHMENT OF FINANCING PROGRAM AND ISSUANCE
OF PARITY DEBT. (a) Second Supplement. By adoption of the Master Ordinance, the City has
established the City of Huntsville, Texas Utility System Revenue Financing Program for the purpose of enabling the City to provide for the financing of utility system projects authorized by the Enabling Act and any other applicable provisions of State law pursuant to which the City may issue and enter into obligations, including bonds and other types of obligations, secured by and
payable from a pledge of and lien on all or part of the Security. This Second Supplement provides
for the authorization, form, characteristics, provisions of payment and redemption, and security of the Bonds. This Second Supplement is subject to the terms of the Master Ordinance and the terms of the Master Ordinance are incorporated herein by reference and as such are made a part hereof for all purposes.
(b) Bonds Are Parity Debt. As required by Section 7 of the Master Ordinance governing the issuance of Parity Debt such as the Bonds, the City hereby finds that, upon the issuance of the Bonds, the Security will be sufficient to meet the financial obligations relating to the Financing Program, including Security in amounts sufficient to satisfy the Annual Debt Service
Requirements of the Financing Program. The Bonds are hereby declared to be Parity Debt under
the Master Ordinance. Section 1.03. SECOND SUPPLEMENT TO CONSTITUTE A CONTRACT; EQUAL SECURITY. In consideration of the acceptance of the Bonds by those who shall hold
the same from time to time, this Second Supplement shall be deemed to be and shall constitute a
contract between the City and the Owners from time to time of the Bonds, and the pledge made in this Second Supplement by the City and the covenants and agreements set forth in this Second Supplement to be performed by the City shall be for the equal and proportionate benefit, security, and protection of all Owners from time to time of the Bonds, without preference, priority, or
distinction as to security or otherwise of any of the Bonds authorized hereunder over any of the
other Bonds by reason of time of issuance, sale, or maturity thereof or otherwise for any cause whatsoever, except as expressly provided in or permitted by this Second Supplement and the Master Ordinance.
Section 1.04. LIMITATION OF BENEFITS WITH RESPECT TO THIS SECOND SUPPLEMENT. With the exception of the rights or benefits herein expressly conferred, nothing expressed or contained herein or implied from the provisions of this Second Supplement or the Bonds is intended or should be construed to confer upon or give to any person other than the City, the Owners, and the Paying Agent/Registrar, any legal or equitable right, remedy, or claim under
or by reason of or in respect to this Second Supplement or any covenant, condition, stipulation,
promise, agreement, or provision herein contained. This Second Supplement and all of the covenants, conditions, stipulations, promises, agreements, and provisions hereof are intended to
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be and shall be for and inure to the sole and exclusive benefit of the City, the Owners, and the Paying Agent/Registrar as herein and therein provided.
ARTICLE II BOND AUTHORIZATION AND SPECIFICATIONS Section 2.01. AMOUNT, PURPOSE AND DESIGNATION OF THE BONDS. The
Bonds designated "CITY OF HUNTSVILLE, TEXAS WATER AND WASTEWATER SYSTEM REVENUE BONDS, SERIES 2022" (the "Bonds") are hereby authorized to be issued pursuant to this Second Supplement in the aggregate principal amount of $_____ for the purpose of (i) replacing and upsizing various trunk sewer lines and replacing various sewer line segments together with engineering, legal and other related costs and (ii) paying the costs associated with
the issuance of the Bonds. The Bonds are authorized pursuant to authority conferred by and in
conformity with State law, particularly the provisions of the Enabling Act. The Bonds will be in the form of Current Interest Bonds as provided in Section 2.02 and the FORM OF BONDS in Exhibit B to this Second Supplement.
Section 2.02. DATE, DENOMINATIONS, NUMBERS, MATURITIES AND TERMS OF BONDS. (a) Terms of Bonds. The Bonds, there shall initially be issued, sold, and delivered hereunder fully registered bonds, without interest coupons, in the form of Current Interest Bonds, numbered consecutively from R-1 upward, payable to the respective initial
registered owners thereof, or to the registered assignee or assignees of said bonds or any portion
or portions thereof (in each case, the "Registered Owner"), in Authorized Denominations, maturing and payable serially on August 15 in each of the years and in the principal amounts respectively as forth in the following schedule:
YEAR AMOUNT YEAR AMOUNT
2022 $ 2037 $
2023 2038 2024 2039 2025 2040 2026 2041
2027 2042
2028 2043
2029 2044
2030 2045 2031 2046 2032 2047
2033 2048
2034 2049
2035 2050
2036 2051
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(b) In General. The Bonds (i) may and shall be redeemed prior to the respective scheduled maturity dates, (ii) may be assigned and transferred, (iii) may be exchanged for other
Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of
and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF BONDS set forth in Exhibit B to this Second Supplement. (c) Interest. The Bonds shall bear interest calculated on the basis of a 360-day year
composed of twelve 30-day months from the dates specified in the FORM OF BONDS set forth
in Exhibit B to this Second Supplement to their respective dates of maturity or redemption at the rates per annum set forth in the following schedule: YEAR INTEREST RATE YEAR INTEREST RATE
2022 % 2037 % 2023 2038 2024 2039
2025 2040
2026 2041
2027 2042
2028 2043
2029 2044 2030 2045 2031 2046
2032 2047
2033 2048
2034 2049
2035 2050 2036 2051 (d) Payments on Holidays. In the event that any date for payment of the principal of or interest on the Bonds is a Saturday, Sunday, legal holiday, or day on which banking institutions
in the city where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment will be the next succeeding day that is not a Saturday, Sunday, legal holiday, or day on which such banking institutions are authorized to close. Payment on such later date will not increase the amount of interest due and will have the same force and effect as if made on the original date payment was due.
Section 2.03. PAYMENT OF BONDS; PAYING AGENT/REGISTRAR. The principal of, premium, if any, and the interest on the Bonds shall be payable, without exchange or collection charges to the Owner thereof, in any coin or currency of the United States of America that at the time of payment is legal tender for the payment of public and private debts.
ZB, National Association, dba Amegy Bank is hereby appointed as Paying Agent/Registrar for the Bonds. By accepting the appointment as Paying Agent/Registrar, the Paying
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Agent/Registrar acknowledges receipt of copies of the Master Ordinance and this Second Supplement and is deemed to have agreed to the provisions thereof and hereof.
The City agrees and covenants to cause to be kept and maintained at the designated office
of the Paying Agent/Registrar a Security Register, all as provided herein, in accordance with the terms and provisions of the Paying Agent/Registrar Agreement and such reasonable rules and regulations as the Paying Agent/Registrar and the City may prescribe. In addition, to the extent required by law, the City covenants to cause to be kept and maintained the Security Register or a
copy thereof in the State.
The City expressly reserves the right to appoint one or more successor Paying Agent/Registrars, by filing with the Paying Agent/Registrar a certified copy of a resolution or minute order of the City making such appointment. The City further expressly reserves the right
to terminate the appointment of the Paying Agent/Registrar by filing a certified copy of a resolution
of the City giving notice of the City's termination of the City's agreement with such Paying Agent/Registrar and appointing a successor. The City covenants to maintain and provide a Paying Agent/Registrar at all times until the Bonds are paid and discharged, and any successor Paying Agent/Registrar shall be a bank, trust company, financial institution, or other entity duly qualified
and legally authorized to serve as and perform the duties and services of Paying Agent/Registrar
for the Bonds. If a Paying Agent/Registrar is replaced, such Paying Agent/Registrar, promptly upon the appointment of the successor, will deliver the Security Register (or a copy thereof) and all other pertinent books and records relating to the Bonds to the successor Paying Agent/Registrar. Upon any change in the Paying Agent/Registrar, the City agrees promptly to cause a written notice
thereof to be sent to each Owner by United States mail, first-class postage prepaid, which notice
shall also give the address of the new Paying Agent/Registrar. The principal of, premium, if any, and interest on the Bonds due and payable by reason of maturity, redemption, or otherwise, shall be payable only to the Owner thereof appearing on the
Security Register, and, to the extent permitted by law, neither the City nor the Paying
Agent/Registrar, nor any agent of either, shall be affected by notice to the contrary. Principal of, and premium, if any, on the Bonds shall be payable only upon the presentation and surrender of said Bonds to the Paying Agent/Registrar at its designated office. Interest on the
Bonds shall be paid to the Owner whose name appears in the Security Register at the close of
business on the Record Date and shall be paid (i) by check sent on or prior to the appropriate date of payment by United States mail, first-class postage prepaid, by the Paying Agent/Registrar to the address of the Owner appearing in the Security Register on the Record Date or (ii) by such other method, acceptable to the Paying Agent/Registrar, requested in writing by, and at the risk and
expense of, the Owner.
In the event of a nonpayment of interest on a scheduled payment date on a Bond, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such
interest have been received from the City. Notice of the Special Record Date and of the scheduled
payment date of the past due interest (which shall be fifteen (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States
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mail, first-class postage prepaid, to the address of each Owner of a Bond appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such
notice.
Section 2.04. REDEMPTION. (a) Generally. The Bonds shall be subject to redemption prior to scheduled maturity at such times and with such provisions as provided in the FORM OF BONDS.
(b) Notices of Redemption and Defeasance. (i) Unless waived by any Owner of the
Bonds to be redeemed, the Chief Financial Officer shall give notice of redemption or defeasance to the Paying Agent/Registrar at least thirty-five (35) days prior to a redemption date in the case of a redemption (unless a lesser period is acceptable to the Paying Agent/Registrar) and on the defeasance date in the case of a defeasance and the Paying Agent/Registrar shall give notice of
redemption or of defeasance of Bonds by mail, first-class postage prepaid at least thirty (30) days
prior to a redemption date and within thirty (30) days after a defeasance date to each Owner and to the central post office or each registered securities depository and to any national information service that disseminates such notices. The Paying Agent/Registrar shall also send a notice of prepayment or redemption to the Owner of any Bond who has not sent the Bonds in for redemption
sixty (60) days after the redemption date.
(ii) Each notice of redemption or defeasance shall contain a description of the Bonds to be redeemed or defeased including the complete name of the Bonds, the date of issue, the interest rate, the maturity date, the CUSIP number, the certificate numbers, the amounts called of each
certificate, the publication or mailing date for the notice, the date of redemption or defeasance, the
redemption price, if any, the name of the Paying Agent/Registrar, and the address at which the Bonds may be redeemed or paid, including a contact person telephone number. (iii) All redemption payments made by the Paying Agent/Registrar to the Owners of the
Bonds shall include a CUSIP number relating to each amount paid to such Owner.
The failure of any Owner of the Bonds to receive notice given as provided in this Section 2.04, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Bonds. Any notice mailed as provided in this Section 2.04 shall be conclusively presumed to
have been duly given and shall become effective upon mailing, whether or not any Owner receives
such notice. So long as DTC is effecting book-entry transfers of the Bonds, the Paying Agent/Registrar shall provide the notices specified in this Section 2.04 only to DTC. It is expected that DTC shall,
in turn, notify its participants and that the participants, in turn, will notify or cause to be notified
the beneficial owners. Any failure on the part of DTC or a participant, or failure on the part of a nominee of a beneficial owner of a Bond to notify the beneficial owner of the Bond so affected, shall not affect the validity of the redemption of such Bonds.
(c) Conditional Notice of Redemption. With respect to any optional redemption of the
Bonds, unless certain prerequisites to such redemption required by the Master Ordinance or this Second Supplement have been met and moneys sufficient to pay the principal of and premium, if
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any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent prior to the giving of such notice of redemption, such notice shall state that said redemption may, at the
option of the City, be conditional upon the satisfaction of such prerequisites and receipt of such
moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon any prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption and sufficient moneys are not received, such notice shall be of no force and effect, the City shall not redeem such Bonds and the Paying
Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to
the effect that the Bonds have not been redeemed. Section 2.05. REGISTRATION; TRANSFER; EXCHANGE OF BONDS; PREDECESSOR BONDS; BOOK-ENTRY-ONLY SYSTEM; SUCCESSOR SECURITIES
DEPOSITORY; PAYMENTS TO CEDE & CO. (a) Registration, Transfer, Exchange, and
Predecessor Bonds. The Registrar shall obtain, record, and maintain in the Security Register the name and address of each Owner issued under and pursuant to the provisions of this Second Supplement. Any Bond may, in accordance with its terms and the terms hereof, be transferred or exchanged for Bonds in Authorized Denominations upon the Security Register by the Owner, in
person or by his duly authorized agent, upon surrender of such Bond to the Registrar for
cancellation, accompanied by a written instrument of transfer or request for exchange duly executed by the Owner or by his duly authorized agent, in form satisfactory to the Registrar. Upon surrender for transfer of any Bond at the designated office of the Registrar, there
shall be registered and delivered in the name of the designated transferee or transferees, one or
more new Bonds, executed on behalf of, and furnished by, the City, of Authorized Denominations and having the same Maturity and of a like aggregate principal amount as the Bond or Bonds surrendered for transfer.
At the option of the Owner, Bonds may be exchanged for other Bonds of Authorized
Denominations and having the same Maturity, bearing the same rate of interest, and of like aggregate principal amount or Maturity Amount and the Bonds surrendered for exchange, upon surrender of the Bonds to be exchanged at the principal office of the Registrar. Whenever any Bonds are so surrendered for exchange, there shall be registered and delivered new Bonds executed
on behalf of, and furnished by, the City to the Owner requesting the exchange.
All Bonds issued upon any transfer or exchange of Bonds shall be delivered at the principal office of the Registrar or sent by United States mail, first-class, postage prepaid to the Owners or the designee thereof, and, upon the registration and delivery thereof, the same shall be the valid
obligations of the City, evidencing the same debt, and entitled to the same benefits under the
Master Ordinance and this Second Supplement, as the Bonds surrendered in such transfer or exchange. All transfers or exchanges of Bonds pursuant to this Section shall be made without expense
or service charge to the Owner, except as otherwise herein provided, and except that the Registrar
shall require payment by the Owner requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange.
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Bonds canceled by reason of an exchange or transfer pursuant to the provisions hereof are
hereby defined to be "Predecessor Bonds," evidencing all or a portion, as the case may be, of the
same debt evidenced by the new Bond or Bonds registered and delivered in the exchange or transfer therefor. Additionally, the term "Predecessor Bonds" shall include any mutilated Bond that is surrendered to the Paying Agent/Registrar or any Bond for which satisfactory evidence of the loss of which has been received by the City and the Paying Agent/Registrar and, in either case,
in lieu of which a Bond or Bonds have been registered and delivered pursuant to Section 3.05
hereof. Neither the City nor the Registrar shall be required to issue or transfer to an assignee of a Owner any Bond called for redemption, in whole or in part, within forty-five (45) days of the date
fixed for the redemption of such Bond; provided, however, such limitation of transfer shall not be
applicable to an exchange by the Owner of the unredeemed balance of a Bond called for redemption in part. (b) Ownership of Bonds. The entity in whose name any Bond shall be registered in the
Security Register at any time shall be deemed and treated as the absolute Owner thereof for all
purposes of this Second Supplement, whether or not such Bond shall be overdue, and, to the extent permitted by law, the City and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such Owner. All such payments shall be valid and effectual
to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid.
(c) Book-Entry-Only System. The Bonds issued in exchange for the Initial Bond for issued as provided in Section 2.06 shall be issued in the form of a separate single fully-registered Bond for each of the maturities thereof registered in the name of Cede & Co., as nominee of DTC,
and except as provided in this subsection (c) all of the Outstanding Bonds shall be registered in
the name of Cede & Co., as nominee of DTC. With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the City and the Paying Agent/Registrar shall have no responsibility or obligation to any DTC Participant
or to any person on behalf of whom such a DTC Participant holds an interest in the Bonds. Without
limiting the immediately preceding sentence, the City and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any DTC Participant or any other person, other than a Owner as shown on the Security Register, of
any notice with respect to the Bonds, including any notice of redemption, or (iii) the payment to
any DTC Participant or any other person, other than a Owner as shown on the Security Register, of any amount with respect to principal of, premium, if any, or interest on the Bonds. Notwithstanding any other provision of this Second Supplement to the contrary but to the extent permitted by law, the City and the Paying Agent/Registrar shall be entitled to treat and consider
the person in whose name each Bond is registered in the Security Register as the absolute owner
of such Bond for the purpose of payment of principal, premium, if any, and interest, with respect to such Bond, for the purpose of registering transfers with respect to such Bond, and for all other
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purposes whatsoever. The Paying Agent/Registrar shall pay all principal of, premium, if any, and interest on the Bonds only to or upon the order of the Owners, as shown in the Security Register
as provided in this Second Supplement, or their respective attorneys duly authorized in writing,
and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to payment of principal of, premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. No person other than a Owner, as shown in the Security Register, shall receive a Bond certificate evidencing the obligation of the City to make payments
of principal, premium, if any, and interest pursuant to this Second Supplement. Upon delivery by
DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Second Supplement with respect to interest checks being mailed to the Owner at the close of business on the Record Date the words "Cede & Co." in this Second Supplement shall refer to such new
nominee of DTC.
(d) Successor Securities Depository; Transfers Outside Book-Entry-Only System. In the event that the City determines to discontinue the book-entry-only system through DTC or a successor or DTC determines to discontinue providing its services with respect to the Bonds, the
City shall either (i) appoint a successor securities depository, qualified to act as such under Section
17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository, and transfer one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to DTC Participants
having Bonds credited to their DTC accounts. In such event, the Bonds shall no longer be
restricted to being registered in the Security Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Owners transferring or exchanging Bonds shall designate, in accordance with the provisions of this Second Supplement.
(e) Payments to Cede & Co. Notwithstanding any other provision of this Second Supplement to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of, premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, in the
manner provided in the representation letter of the City to DTC.
(f) Blanket Issuer Letter of Representations. The City heretofore has executed and delivered to DTC a "Blanket Issuer Letter of Representations" with respect to the utilization by the City of DTC's book-entry-only system and the City intends to utilize such book-entry-only system
in connection with the Bonds.
Section 2.06. INITIAL BOND. The Bonds shall initially be issued as a fully registered bond, being one bond (the "Initial Bond"). The Initial Bond shall be registered in the name of the initial purchaser(s) of the Bonds. The Initial Bond shall be submitted to the Office of the Attorney
General of the State for approval and registration by the Office of the Comptroller of Public
Accounts of the State and delivered to the initial purchaser(s) thereof. Immediately after the delivery of the Initial Bond on the Issuance Date, the Registrar shall cancel the Initial Bond and
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exchange therefor Bonds in the form of a separate single fully registered Bond for each of the maturities thereof registered in the name of Cede & Co., as nominee of DTC and, except as
provided in Section 2.05(d), all of the Outstanding Bonds shall be registered in the name of Cede
& Co., as nominee of DTC. Section 2.07. FORM OF BONDS. The Bonds (including Initial Bond), the Registration Certificate of the Comptroller of Public Accounts of the State or the Authentication Certificate,
and the form of Assignment to be printed on each of the Bonds shall be substantially in the forms
set forth in Exhibit B to this Second Supplement with such appropriate insertions, omissions, substitutions, and other variations as are permitted or required by this Second Supplement, may have such letters, numbers, or other marks of identification and such legends and endorsements (including any reproduction of an opinion of counsel and information regarding the issuance of
any bond insurance policy) thereon as may, consistently herewith, be established by the City or
determined by the officers executing such Bonds as evidenced by their execution thereof. Any portion of the text of any Bonds may be set forth on the reverse thereof, with an appropriate reference thereto on the face of the Bond.
The Bonds shall be typewritten, photocopied, printed, lithographed, engraved, or produced
in any other similar manner, all as determined by the officers executing such Bonds as evidenced by their execution thereof. ARTICLE III
EXECUTION; REPLACEMENT OF BONDS; AND BOND INSURANCE
Section 3.01. EXECUTION AND REGISTRATION. The Bonds shall be executed on behalf of the City by the Mayor under its seal reproduced or impressed thereon and attested by the City Secretary. The signature of said officers on the Bonds may be manual or facsimile. Bonds
bearing the manual or facsimile signatures of individuals who are or were the proper officers of
the City as of their authorization shall be deemed to be duly executed on behalf of the City, notwithstanding that such individuals or either of them shall cease to hold such offices at the time of delivery of the Bonds to the initial purchaser(s) and with respect to Bonds delivered in subsequent exchanges and transfers, all as authorized and provided in Chapter 1201, Texas
Government Code, as amended.
No Bond shall be entitled to any right or benefit under this Second Supplement, or be valid or obligatory for any purpose, unless there appears on such Bond either a certificate of registration substantially in the form provided in Exhibit B to this Second Supplement, executed by the
Comptroller of Public Accounts of the State or its duly authorized agent by manual signature, or
the Paying Agent/Registrar's Authentication Certificate substantially in the form provided in Exhibit B to this Second Supplement executed by the manual signature of an authorized officer or employee of the Registrar, and either such certificate duly signed upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly certified, registered, and
delivered.
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Section 3.02. CONTROL AND CUSTODY OF BONDS. The Chief Financial Officer shall be and is hereby authorized to take and have charge of all necessary orders and records
pending investigation and examination by the Attorney General of the State, including the printing
and supply of printed Bonds, and shall take and have charge and control of the Initial Bond pending the approval thereof by the Attorney General, the registration thereof by the Comptroller of Public Accounts, and the delivery thereof to the initial purchaser(s).
Furthermore, each Authorized Representative is hereby authorized and directed to furnish
and execute such documents relating to the Utility System, the City and its financial affairs as may be necessary for the issuance of the Bonds, the approval of the Attorney General, and the registration by the Comptroller of Public Accounts and, together with the City's Bond Counsel and the Paying Agent/Registrar, make the necessary arrangements for the delivery of the Initial Bond
to the initial purchaser(s) and the initial exchange thereof for Bonds other than the Initial Bond.
Section 3.03. PRINTED OPINION. The initial purchaser(s)' obligation to accept delivery of the Bonds is subject to the initial purchaser(s) being furnished the final opinion of McCall, Parkhurst & Horton L.L.P. approving the Bonds as to their validity, said opinion to be
dated and delivered as of the date of delivery and payment for the Bonds. If bond insurance is
obtained for the Bonds, the Bonds may bear an appropriate insurance legend. Section 3.04. CUSIP NUMBERS. CUSIP numbers may be printed or typed on the Bonds. It is expressly provided, however, that the presence or absence of CUSIP numbers on the
Bonds shall be of no significance or effect as regards the legality thereof and neither the City nor
attorneys approving the Bonds as to legality are to be held responsible for CUSIP numbers incorrectly printed or typed on the Bonds. Section 3.05. MUTILATED, DESTROYED, LOST, AND STOLEN BONDS. If (1)
any mutilated Bond is surrendered to the Paying Agent/Registrar, or the City and the Paying
Agent/Registrar receive evidence to their satisfaction of the destruction, loss, or theft of any Bond, and (2) there is delivered to the City and the Paying Agent/Registrar such security or indemnity as may be required to save each of them harmless, then, in the absence of notice to the City or the Paying Agent/Registrar that such Bond has been acquired by a bona fide purchaser, the City shall
execute and, upon its request, the Paying Agent/Registrar shall register and deliver, in exchange
for or in lieu of any such mutilated, destroyed, lost, or stolen Bond, a new Bond of the same Maturity and of like tenor and principal amount, bearing a number not contemporaneously outstanding.
In case any such mutilated, destroyed, lost, or stolen Bond has become or is about to
become due and payable, the City in its discretion may, instead of issuing a new Bond, pay such Bond and the interest due thereon to the date of payment. Upon the issuance of any new Bond under this Section, the City may require payment by
the Owner of a sum sufficient to cover any tax or other governmental charge imposed in relation
thereto and any other expenses (including the fees and expenses of the Paying Agent/Registrar) connected therewith.
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Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost,
or stolen Bond shall constitute a replacement of the prior obligation of the City, whether or not the
mutilated, destroyed, lost, or stolen Bond shall be at any time enforceable by anyone, and shall be entitled to all the benefits of this Second Supplement equally and ratably with all other Outstanding Bonds.
Section 3.06. BOND INSURANCE. (a) Purchase of Insurance. In connection with the
sale of the Bonds, the City may obtain municipal bond insurance policies from one or more Bond Insurers to guarantee the full and complete payment required to be made by or on behalf of the City on some or all of the Bonds as determined by the Chief Financial Officer. The Chief Financial Officer is hereby authorized to sign a commitment letter with a Bond Insurer and to pay the
premium for the bond insurance policies at the time of the delivery of the Bonds out of the proceeds
of sale of the Bonds or from other available funds and to execute such other documents and certificates as necessary in connection with the bond insurance policies as he or she may deem appropriate. Printing on Bonds covered by the bond insurance policies a statement describing such insurance, in form and substance satisfactory to a Bond Insurer and the Chief Financial Officer, is
hereby approved and authorized. This Ordinance may contain provisions related to the bond
insurance policies, including payment provisions thereunder, and the rights of a Bond Insurer. (b) Rights of Bond Insurer(s). As long as a Bond Insurer is not in default on the related bond insurance policy for the Bonds, the Bond Insurer shall be deemed to be the sole Owner of
such Bonds insured by it for all purposes of this Second Supplement or the Master Ordinance. ARTICLE IV PAYMENTS, REBATE FUND AND RESERVE ACCOUNT
Section 4.01. PAYMENTS. (a) Accrued and Capitalized Interest. Immediately after the
delivery of the Bonds the City shall deposit any accrued interest and any sale proceeds to be used to pay capitalized interest received from the sale and delivery of such Bonds to the credit of the Interest and Sinking Account to be held to pay interest on such Bonds.
(b) Debt Service Payments. Semiannually on or before each principal or interest
payment date while any of the Bonds are outstanding and unpaid, commencing on the first interest payment date for the Bonds, the City shall make available from the Interest and Sinking Account to the Paying Agent/Registrar, money sufficient to pay such interest on and such principal of the Bonds as will accrue or mature, or be subject to mandatory redemption prior to maturity, on such
principal, redemption, or interest payment date. The Paying Agent/Registrar shall cancel all paid
Bonds and shall furnish the City with an appropriate certificate of cancellation. Section 4.02. REBATE ACCOUNT. A separate and special account to be known as the Rebate Account is hereby established by the City pursuant to the requirements of Section 148(f)
of the Code and the tax covenants of the City contained in Section 5.01 of this Second Supplement
for the benefit of the United States of America and the City, as their interests may appear pursuant to this Second Supplement. Such amounts shall be deposited therein and withdrawn therefrom as
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is necessary to comply with the provisions of Section 5.01. Any moneys held within the Rebate Account shall not constitute Security under the Master Ordinance.
Section 4.03. RESERVE ACCOUNT. (a) To accumulate and maintain a reserve for the payment of the Bonds equal to the average Annual Debt Service Requirements of the Bonds (calculated by the City at the beginning of each Fiscal Year) (the "Required Reserve Amount"), the Reserve Account has been established and shall be maintained by the City. Earnings and
income derived from the investment of amounts held for the credit of the Reserve Account shall
be retained in the Reserve Account until the Reserve Account contains the Required Reserve Amount; thereafter, such earnings and income shall be deposited to the credit of the System Account. The City shall deposit and credit to the Reserve Account amounts required to maintain the balance in the Reserve Account in an amount equal to the Required Reserve Amount by making
monthly deposits and credits in amounts equal to not less than 1/60th of the Required Reserve
Amount or by the deposit of a Reserve Account Obligation. There shall be deposited into the Reserve Account any Reserve Account Obligations so designated by the City. All funds, investments and Reserve Account Obligations on deposit and credited to the Reserve Account shall be used solely for (i) the payment of the principal of and interest on the Bonds, when and to
the extent other funds available for such purposes are insufficient, (ii) to make Reserve Account
Obligation Payments and (iii) to retire the last Stated Maturity or Stated Maturities of or interest on the Bonds. The Reserve Account is solely for the benefit of this series of Bonds and is not available to pay Annual Debt Service Requirements on any other Parity Debt.
(b) When and for so long as the cash, investments and Reserve Account Obligations in the
Reserve Account equal the Required Reserve Amount, no deposits need be made to the credit of the Reserve Account; but, if and when the Reserve Account at any time contains less than the Required Reserve Amount, the City covenants and agrees that the City shall cure the deficiency in the Reserve Account by resuming the deposits to such Account from the Pledged Revenues by
monthly deposits and credits in amounts equal to not less than 1/60th of the Required Reserve
Amount with any such deficiency payments being made on or before each interest payment date until the Required Reserve Amount has been fully restored; provided, however, that no such deposits shall be made into the Reserve Account during any six (6) month period beginning on an interest payment date until there has been deposited into the Interest and Sinking Account the full
amount required to be deposited therein by the next following semi-annual payment date, as the
case may be. In addition, in the event that a portion of the Required Reserve Amount is represented by a Reserve Account Obligation, the Required Reserve Amount shall be restored as soon as possible from monthly deposits of Pledged Revenues on deposit in the System Account, but subject to making the full deposits and credits to the Interest and Sinking Account required to be made by
the next following interest payment date, as the case may be. The City further covenants and
agrees that subject only to the prior deposits and credits to be made to the Interest and Sinking Account, the Pledged Revenues shall be applied and appropriated and used to establish and maintain the Required Reserve Amount, including by paying Reserve Account Obligation Payments when due, and to cure any deficiency in such amounts as required by the terms of this
Second Supplement.
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During such time as the Reserve Account contains the Required Reserve Amount, or any cash is replaced with a Reserve Account Obligation pursuant to subsection (c) below, the City
may, at its option, withdraw all surplus funds in the Reserve Account and deposit such surplus in
the Interest and Sinking Account or otherwise use such amount in any manner permitted by law unless such surplus is required to be rebated in which case such event shall be deposited into the Rebate Account.
(c) A Reserve Account Obligation issued in an amount equal to all or part of the Required
Reserve Amount for the Bonds may be used in lieu of depositing cash into the Reserve Account. In addition, a Reserve Account Obligation may be substituted for monies and investments in the Reserve Account if the substitution of the Reserve Account Obligation will not, in and of itself, cause any ratings then assigned to the Bonds by any rating agency to be lowered and the ordinance
authorizing the substitution of the Reserve Account Obligation for all or part of the Required
Reserve Amount contains a finding that such substitution is cost effective. (d) A Reserve Account Obligation permitted under (a) above, must be in the form of a surety bond or insurance policy meeting the requirements described below.
(1) (i) A surety bond or insurance policy issued to the Paying Agent/Registrar, as agent of the Holders, by a company licensed to issue an insurance policy guaranteeing the timely payment of debt service on the Bonds (a "municipal bond insurer") if the claims paying ability of the issuer thereof shall be rated "A" by S&P or Moody's, or (ii) a surety bond or
insurance policy issued to the Paying Agent/Registrar, as agent of the Holders, by an entity
other than a municipal bond insurer, if the form and substance of such instrument and the issuer thereof shall be approved in writing by each Bond Insurer of record. (2) The obligation to reimburse the issuer of a Reserve Account Obligation for any claims
or draws upon such Reserve Account Obligation in accordance with its terms, including
expenses incurred in connection with such claims or draws, to the extent permitted by law, (a Reserve Account Obligation Payment) shall be made from the deposits made to the Reserve Account as provided in this Section. The Reserve Account Obligation shall provide for a revolving feature under which the amount available thereunder will be
reinstated to the extent of any reimbursement of draws or claims paid. If the revolving
feature is suspended or terminated for any reason, the right of the issuer of the Reserve Account Obligation to reimbursement will be subordinated to the cash replenishment of the Reserve Account to an amount equal to the difference between the full original amount available under the Reserve Account Obligation and the amount then available for further
draws or claims. In the event (a) the issuer of a Reserve Account Obligation becomes
insolvent, or (b) the issuer of a Reserve Account Obligation defaults in its payment obligations thereunder, or (c) the claims paying ability of the issuer of the insurance policy or surety bond falls below "A" by S&P or Moody's, respectively, the obligation to reimburse the issuer of the Reserve Account Obligation shall be subordinated to the cash
replenishment of the Reserve Account.
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(3) In the event (a) the revolving reinstatement feature described in the preceding paragraph is suspended or terminated, or (b) the rating of the claims paying ability of the
issuer of the surety bond or insurance policy falls below "A" by S&P or Moody's,
respectively, or (c) the issuer of the Reserve Account Obligation defaults in its payment obligations hereunder or (d) the issuer of the Reserve Account Obligation becomes insolvent, the City shall either (i) deposit into the Reserve Account, in accordance with this Section, an amount sufficient to cause the cash or investments credited to the Reserve
Account to accumulate to the Required Reserve Amount, or (ii) replace such instrument
with a surety bond or insurance policy meeting the requirements of 1 and 2 above, within six months of such occurrence. (4) The Paying Agent/Registrar shall ascertain the necessity for a claim or draw upon any
Reserve Account Obligation and provide notice to the issuer of the Reserve Account
Obligation in accordance with its terms not later than three days (or such appropriate time period as will, when combined with the timing of required payment under the Reserve Account Obligation, ensure payment under the Reserve Account Obligation on or before the interest payment date) prior to each date upon which the principal of or interest on the
Parity Obligations will be due.
It is recognized that a Reserve Account Obligation may be issued which is payable only with respect to a part of the Bonds with the remainder of the Required Reserve Amount being satisfied by monies and investments and in that case any draws upon the Reserve Account will
have to be made on a pro-rata basis. Therefore, (i) draws upon one or more such Reserve Account
Obligations shall be made on a pro-rata basis with cash and investments available in the Reserve Account and (ii) deposits and credits to the Reserve Account to restore it to the Required Reserve Amount shall be utilized on a pro-rata basis to pay Reserve Account Obligation Payments to reimburse the issuers of the Reserve Account Obligations, thus restoring that part of the Required
Reserve Amount, and to restore with cash and investments the balance of the Required Reserve
Amount. (e) [Reserved].
ARTICLE V COVENANTS REGARDING TAX EXEMPTION Section 5.01. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE BONDS. (a) Covenants. The City covenants to take any action necessary to assure, or
refrain from any action which would adversely affect, the treatment of the Bonds as obligations
described in section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the City covenants as follows:
(1) to take any action to assure that no more than ten (10) percent of the proceeds
of the Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code
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or, if more than ten (10) percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the City, with respect to such private
business use, do not, under the terms of this Second Supplement or any underlying
arrangement, directly or indirectly, secure or provide for the payment of more than ten (10) percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; (2) to take any action to assure that in the event that the "private business use"
described in subsection (1) hereof exceeds five (5) percent of the proceeds of the Bonds or
the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of five (5) percent is used for a "private business use" which is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use;
(3) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or five (5) percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code;
(4) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (5) to refrain from taking any action that would result in the Bonds being "federally
guaranteed" within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) which produces a
materially higher yield over the term of the Bonds, other than investment property acquired
with -- (A) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a period of 90 days or less until such proceeds are needed for the purpose for which the bonds are issued,
(B) amounts invested in a bona fide debt service fund, within the meaning of section l.148-1(b) of the Treasury Regulations, and (C) amounts deposited in any reasonably required reserve or replacement
fund to the extent such amounts do not exceed 10 percent of the proceeds of the
Bonds; (7) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene
the requirements of section 148 of the Code (relating to arbitrage);
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(8) to refrain from using the proceeds of the Bonds or proceeds of any prior bonds to pay debt service on another issue more than ninety (90) days after the date of issue of
the Bonds in contravention of the requirements of section 149(d) of the Code (relating to
advance refundings); and (9) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to ninety
(90) percent of the "Excess Earnings," within the meaning of section 148(f) of the Code
and to pay to the United States of America, not later than sixty (60) days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (8), a
"Rebate Fund" is hereby established by the City for the sole benefit of the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation the bondholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code.
(c) Proceeds. The City understands that the term "proceeds" includes "disposition
proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any). It is the understanding of the City that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are
hereafter promulgated which modify or expand provisions of the Code, as applicable to the Bonds,
the City will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional
requirements which are applicable to the Bonds, the City agrees to comply with the additional
requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of such intention, the City hereby authorizes and directs the Chief Financial Officer to execute any documents, certificates or reports required by the Code and to
make such elections, on behalf of the City, which may be permitted by the Code as are consistent
with the purpose for the issuance of the Bonds. This Second Supplement is intended to satisfy the official intent requirements set forth in Section 1.150-2 of the Treasury Regulations. (d) Reimbursement. This Second Supplement is intended to satisfy the official intent
requirements set forth in section 1.150-2 of the Treasury Regulations.
Section 5.02. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR PROJECT. The City covenants to account for the expenditure of sale proceeds and investment earnings to be used for the purposes described in Section 1 of this Second Supplement (the
"Project") on its books and records in accordance with the requirements of the Internal Revenue
Code. The City recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the proceeds must be allocated to expenditures within eighteen (18)
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months of the later of the date that (1) the expenditure is made, or (2) the Project is completed; but in no event later than three years after the date on which the original expenditure is paid. The
foregoing notwithstanding, the City recognizes that in order for proceeds to be expended under the
Internal Revenue Code, the sale proceeds or investment earnings must be expended no more than sixty (60) days after the earlier of (1) the fifth anniversary of the delivery of the Bonds, or (2) the date the Bonds are retired. The City agrees to obtain the advice of nationally recognized bond counsel if such expenditure fails to comply with the foregoing to assure that such expenditure will
not adversely affect the tax-exempt status of the Bonds. For purposes hereof, the issuer shall not
be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest.
Section 5.03. DISPOSITION OF PROJECT. The City covenants that the property
constituting the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the City of cash or other compensation, unless any action taken in connection with such disposition will not adversely affect the tax-exempt status of the Bonds. For purpose of the foregoing, the City may rely on an opinion of nationally recognized bond counsel that the action
taken in connection with such sale or other disposition will not adversely affect the tax-exempt
status of the Bonds. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the City shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely
affect the excludability for federal income tax purposes from gross income of the interest.
ARTICLE VI AMENDMENTS AND MODIFICATIONS
Section 6.01. AMENDMENTS OR MODIFICATIONS WITHOUT CONSENT OF OWNERS OF BONDS. Subject to the provisions of the Master Ordinance, this Second Supplement and the rights and obligations of the City and of the Owners of the Outstanding Bonds may be modified or amended at any time without notice to or the consent of any Owner of the Bonds or any other Parity Debt, solely for any one or more of the following purposes:
(i) To add to the covenants and agreements of the City contained in this Second Supplement, other covenants and agreements thereafter to be observed, or to surrender any right or power reserved to or conferred upon the City in this Second Supplement;
(ii) To cure any ambiguity or inconsistency, or to cure or correct any defective provisions contained in this Second Supplement, upon receipt by the City of an Opinion of Counsel, that the same is needed for such purpose, and will more clearly express the intent of this Second Supplement;
(iii) To supplement the Security for the Bonds;
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(iv) To make such other changes in the provisions hereof, as the City may deem necessary or desirable and which shall not, in the judgment of the City, materially
adversely affect the interests of the Owners of the Outstanding Bonds;
(v) To make any changes or amendments requested by the State Attorney General's Office as a condition to the approval of the Bonds, which changes or amendments do not, in the judgment of the City, materially adversely affect the
interests of the Owners of the Outstanding Bonds; or
(vi) To make any changes or amendments requested by any bond rating agency then rating or requested to rate the Bonds, as a condition to the issuance or maintenance of a rating, which changes or amendments do not, in the judgment of
the City, materially adversely affect the interests of the Owners of the Outstanding
Bonds. Section 6.02. AMENDMENTS OR MODIFICATIONS WITH CONSENT OF OWNERS OF BONDS. (a) Amendments. Subject to the other provisions of this Second
Supplement, the Master Ordinance and the consent of the Bond Insurer, the Owners of Outstanding
Bonds aggregating a majority in Outstanding Principal Amount shall have the right from time to time to approve any amendment, other than amendments described in Section 6.01 hereof, to this Second Supplement that may be deemed necessary or desirable by the City, provided, however, that nothing herein contained shall permit or be construed to permit, without the approval of the
Owners of all of the Outstanding Bonds, the amendment of the terms and conditions in this Second
Supplement or in the Bonds so as to: (i) Make any change in the maturity of the Outstanding Bonds;
(ii) Reduce the rate of interest borne by Outstanding Bonds;
(iii) Reduce the amount of the principal payable on Outstanding Bonds; (iv) Modify the terms of payment of principal of or interest on the Outstanding
Bonds, or impose any conditions with respect to such payment;
(v) Affect the rights of the Owners of less than all Bonds then Outstanding; or (vi) Change the minimum percentage of the Outstanding Principal Amount of
Bonds necessary for consent to such amendment.
(b) Notice. If at any time the City shall desire to amend this Second Supplement pursuant to Subsection (a), the City shall cause notice of the proposed amendment to be published in a financial newspaper or journal of general circulation in the City of New York, New York
(including, but not limited to, The Bond Buyer or The Wall Street Journal) or in the State
(including, but not limited to, The Texas Bond Reporter), once during each calendar week for at least two successive calendar weeks or disseminated by electronic means customarily used to
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convey notices of redemption. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying
Agent/Registrar for inspection by all Owners of Bonds. Such publication is not required, however,
if the City gives or causes to be given such notice in writing to each Owner of Bonds. A copy of such notice shall be provided in writing to each rating agency maintaining a rating on the Bonds and to the Bond Insurer.
(c) Receipt of Consents. Whenever at any time the City shall receive an instrument or
instruments executed by all of the Owners or the Owners of Outstanding Bonds aggregating a majority in Outstanding Principal Amount, as appropriate, which instrument or instruments shall refer to the proposed amendment described in said notice and which consent to and approve such amendment in substantially the form of the copy thereof on file as aforesaid, the City may adopt
the amendatory resolution in substantially the same form.
(d) Consent Irrevocable. Any consent given by any Owner pursuant to the provisions of this Section shall be irrevocable for a period of six (6) months from the date of the first publication or other service of the notice provided for in this Section, and shall be conclusive and
binding upon all future Owners of the same Bond during such period. Such consent may be
revoked at any time after six (6) months from the date of the first publication of such notice by the Owner who gave such consent, or by a successor in title, by filing notice thereof with the Paying Agent/Registrar and the City, but such revocation shall not be effective if the Owners of Outstanding Bonds aggregating a majority in Outstanding Principal Amount prior to the attempted
revocation consented to and approved the amendment. Notwithstanding the foregoing, any
consent given at the time of and in connection with the initial purchase of Bonds shall be irrevocable. (e) Ownership. For the purpose of this Section, the ownership and other matters
relating to all Bonds registered as to ownership shall be determined from the Security Register
kept by the Paying Agent/Registrar therefor. The Paying Agent/Registrar may conclusively assume that such ownership continues until written notice to the contrary is served upon the Paying Agent/Registrar.
Section 6.03. EFFECT OF AMENDMENTS. Upon the adoption by the City of any
resolution to amend this Second Supplement pursuant to the provisions of this Article, this Second Supplement shall be deemed to be amended in accordance with the amendatory resolution, and the respective rights, duties, and obligations of the City and all the Owners of Outstanding Bonds shall thereafter be determined, exercised, and enforced under the Master Ordinance and this Second
Supplement, as amended.
ARTICLE VII MISCELLANEOUS
Section 7.01. DISPOSITION OF BOND PROCEEDS AND OTHER FUNDS.
Proceeds from the sale of the Bonds shall, promptly upon receipt thereof, be applied by the Chief Financial Officer as follows:
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(i) any underwriting discount or fees and any Credit Agreement fees for the
Bonds may be retained by and/or wired directly to such parties;
(ii) any accrued interest and sale proceeds to be used to pay capitalized interest for the Bonds, if any, shall be deposited as provided in Section 4.01;
(iii) an amount sufficient to pay the remaining costs of issuance of the Bonds
and the cost of acquiring, purchasing, constructing, improving, enlarging, and equipping the improvements being financed with the proceeds of the Bonds shall be deposited in the Bond Proceeds Account to be used for such purposes.
Any sale proceeds of the Bonds remaining after making all deposits and payments provided for
above shall be deposited into the Interest and Sinking Account and applied to the payment of principal of and interest on the Bonds. Section 7.02. MAILED NOTICES. Except as otherwise required herein, all notices
required or authorized to be given to the City, any Bond Insurer (as defined in, and pursuant to,
Section 3.06 hereof) or the Paying Agent/Registrar pursuant to this Second Supplement shall be in writing and shall be sent by registered or certified mail, postage prepaid, to the following addresses or otherwise given in a manner deemed, in writing, acceptable to the party to receive the notice: 1. to the City:
City of Huntsville, Texas
1212 Avenue M Huntsville, Texas 77340 Attn: Finance Director Telephone: (936) 291-5486
Facsimile: (936) 291-5489
2. to the Paying Agent/Registrar: ZB, National Association, dba Amegy Bank 1801 Main Street, Suite 850
Houston, Texas 77002
Attn: Arla K. Scott, Vice President or Telephone: (713) 232-1919 Attn: Mary Jane Henson, Senior Vice President Telephone: (713) 232-6036
3. to any Bond Insurer: The address, phone number and fax number specified by the Bond Insurer or to such other addresses as may from time to time be furnished to the parties, effective upon the receipt of notice
thereof given as set forth above.
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Section 7.03. DEFEASANCE OF BONDS. (a) Deemed Paid. The principal of and/or the interest and redemption premium, if any, on any Bonds shall be deemed to be Defeased Debt
within the meaning of the Master Ordinance, except to the extent provided in subsections (c) and
(e) of this Section, when payment of the principal of such Bonds, plus interest thereon to the due date or dates (whether such due date or dates be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption or the establishment of
irrevocable provisions for the giving of such notice) or (ii) shall have been provided for on or
before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such Bonds or an eligible trust company or commercial bank for such payment (1) lawful money of the United States of America sufficient to make such payment, (2) Defeasance Securities, certified by an independent public accounting firm of national reputation to mature as
to principal and interest in such amounts and at such times as will ensure the availability, without
reinvestment, of sufficient money to provide for such payment and when proper arrangements have been made by the City with the Paying Agent/Registrar for such Bonds or an eligible trust company or commercial bank for the payment of its services until all Defeased Debt shall have become due and payable or (3) any combination of (1) and (2). At such time as Bonds shall be
deemed to be a Defeased Debt hereunder, as aforesaid, such Bonds and the interest thereon shall
no longer be secured by, payable from, or entitled to the benefits of the Security as provided in the Master Ordinance and this Second Supplement, and such principal and interest shall be payable solely from such money or Defeasance Securities.
(b) Investments. The deposit under clause (ii) of subsection (a) of this Section shall be
deemed a payment of Bonds as aforesaid when proper notice of redemption of such Bonds shall have been given or upon the establishment of irrevocable provisions for the giving of such notice, in accordance with the Master Ordinance and this Second Supplement. Any money so deposited with the Paying Agent/Registrar for such Bonds or an eligible trust company or commercial bank
as provided in this Section may at the discretion of the City also be invested in Defeasance
Securities, maturing in the amounts and at the times as hereinbefore set forth, and all income from all Defeasance Securities in possession of the Paying Agent/Registrar for such Bonds or an eligible trust company or commercial bank pursuant to this Section which is not required for the payment of such Bonds and premium, if any, and interest thereon with respect to which such money has
been so deposited, shall be remitted to the City for deposit to the General Account of the System
Account. (c) Continuing Duty of Paying Agent and Registrar. Notwithstanding any provision of any other Section of this Second Supplement which may be contrary to the provisions of this Section,
all money or Defeasance Securities set aside and held in trust pursuant to the provisions of this
Section for the payment of principal of Bonds and premium, if any, and interest thereon, shall be applied to and used solely for the payment of the particular Bonds and premium, if any, and interest thereon, with respect to which such money or Defeasance Securities have been so set aside in trust. Until all Defeased Debt shall have become due and payable, the Paying Agent/Registrar for such
Defeased Debt shall perform the services of Paying Agent/Registrar for such Defeased Debt the
same as if they had not been defeased, and the City shall make proper arrangements to provide and pay for such services as required by this Second Supplement.
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(d) Amendment of this Section. Notwithstanding anything elsewhere in this Second
Supplement, if money or Defeasance Securities have been deposited or set aside with the Paying
Agent/Registrar for such Bonds or an eligible trust company or commercial bank pursuant to this Section for the payment of Bonds and such Bonds shall not have in fact been actually paid in full, no amendment of the provisions of this Section shall be made without the consent of the registered owner of each Bonds affected thereby.
(e) Retention of Rights. Notwithstanding the provisions of subsection (a) of this Section, to the extent that, upon the defeasance of any Defeased Debt to be paid at its maturity, the City retains the right under State law to later call that Defeased Debt for redemption in accordance with the provisions of this Second Supplemental Ordinance relating to the Defeased Debt, the City may
call such Defeased Debt for redemption upon complying with the provisions of State law and upon
the satisfaction of the provisions of subsection (a) of this Section with respect to such Defeased Debt as though it was being defeased at the time of the exercise of the option to redeem the Defeased Debt and the effect of the redemption is taken into account in determining the sufficiency of the provisions made for the payment of the Defeased Debt.
Section 7.04. PAYING AGENT/REGISTRAR AGREEMENT, SALE OF BONDS, OFFICIAL STATEMENT AND VOTED AUTHORIZATION. (a) The Paying Agent/Registrar Agreement by and between the City and the Paying Agent/Registrar is hereby approved and the Mayor is hereby authorized to execute and deliver such Paying Agent/Registrar
Agreement.
(b) The Bonds are hereby initially sold and shall be delivered to __________, (the "Purchaser") at the price and in accordance with the terms and provisions of the winning bid form, which the Mayor of the City is hereby authorized and directed to execute and deliver and the City Secretary or Deputy City Secretary is further authorized and directed to attest. It is hereby
officially found, determined, and declared that the bid received by the Purchaser is the best bid in
accordance with the Notice of Sale and Preliminary Official Statement dated _______. The Initial Bond shall be registered in the name of __________. The true interest cost of the Bonds is _____%.
(c) The City hereby approves the form and content of the Official Statement relating to the
Bonds and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Bonds by the Underwriters in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The distribution and use of
the Notice of Sale and Preliminary Official Statement dated January 22, 2022, prior to the date
hereof is ratified and confirmed. The City Council of the City hereby finds and determines that the Preliminary Official Statement and the Official Statement were and are "deemed final" (as that term is defined in 17 C.F.R. Section 240.15c-12) as of their respective dates.
Section 7.05. FURTHER PROCEDURES. Each Authorized Representative is hereby
expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver in the name and under the
HUNTSVILLE\WWSRB 2nd Supp Res 26
corporate seal and on behalf of the City all such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Second
Supplement, the Bonds, the sale and delivery of the Bonds, and fixing all details in connection
therewith, and the Paying Agent/Registrar Agreement. In connection with the issuance and delivery of each the Bonds, the above-stated officers, with the advice of the City Attorney and Bond Counsel to the City, are hereby authorized to approve, subsequent to the date of the adoption of this Second Supplement, any amendments to the above named documents, and any technical
amendments to this Second Supplement as permitted by Section 6.01 (v) or (vi) and a Authorized
Representative is hereby authorized to execute this Second Supplement to evidence approval of such changes. Section 7.06. NONPRESENTMENT OF BONDS. If any Bond shall not be presented
for payment when the principal thereof becomes due, either at maturity or otherwise if moneys
sufficient to pay such Bond shall have been deposited with the Paying Agent/Registrar, it shall be the duty of the Paying Agent/Registrar to hold such moneys, without liability to the City, any Owner, or any other person for interest thereon, for the benefit of the Owner of such Bond.
Any moneys so deposited with and held by the Paying Agent/Registrar due to nonpresentment of
Bonds must be retained by the Paying Agent/Registrar for a period of at least two years after the final maturity date of the Bonds or advance refunding date, if applicable. Thereafter, to the extent permitted by the unclaimed property laws of the State, such amounts shall be paid by the Paying Agent/Registrar to the City, free from the trusts created by this Second Supplement and Owners
shall be entitled to look only to the City for payment, and then only to the extent of the amount so
repaid by the Paying Agent/Registrar. Section 7.07. EFFECT OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS. Whenever this Second Supplement requires any action to be taken on a Saturday, Sunday, or legal holiday, such action shall be taken on the first business day occurring thereafter. Whenever in this
Second Supplement the time within which any action is required to be taken or within which any
right will lapse or expire shall terminate on a Saturday, Sunday, or legal holiday, such time shall continue to run until midnight on the next succeeding business day. Section 7.08. PARTIAL INVALIDITY. If any one or more of the covenants or
agreements or portions thereof provided in this Second Supplement on the part of the City should
be determined by a court of competent jurisdiction to be contrary to law, then such covenant or covenants, or such agreement or agreements, or such portions thereof, shall be deemed severable from the remaining covenants and agreements or portions thereof provided in this Second Supplement and the invalidity thereof shall in no way affect the validity of the other provisions of
this Second Supplement or of the Bonds, but the Owners of the Bonds shall retain all the rights
and benefits accorded to them hereunder and under any applicable provisions of law. Section 7.09. CONTINUING DISCLOSURE UNDERTAKING. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below:
“Financial Obligation” means a (a) debt obligation; (b) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an
HUNTSVILLE\WWSRB 2nd Supp Res 27
existing or planned debt obligation; or (c) guarantee of a debt obligation or any such derivative instrument; provided that “financial obligation” shall not include municipal securities (as defined in the Securities Exchange Act of 1934, as amended) as to which a final official statement (as defined in the Rule) has been provided to the MSRB consistent with the Rule. "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. (b) Annual Reports. The City shall provide annually to the MSRB, (1) within six months after the end of each fiscal year of the City ending in or after 2022, financial information and operating data with respect to the City of the general type included in the final Official Statement authorized by Section 7.04 of this Second Supplement, being information of the type described in
Exhibit C hereto, including financial statements of the City if audited financial statements of the
City are then available, and (2) if not provided as part of such financial information and operating data, audited financial statements of the City, when and if available. Any financial statements to be provided shall be (i) prepared in accordance with the accounting principles described in Exhibit C hereto, or such other accounting principles as the City may be required to employ from time to
time pursuant to state law or regulation, and in substantially the form included in the Official
Statement, and (ii) audited, if the City commissions an audit of such financial statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within twelve (12) months after any such fiscal year end, then the City shall file unaudited financial statements within such twelve (12) month period and audited
financial statements for the applicable fiscal year, when and if the audit report on such statements
becomes available.
If the City changes its fiscal year, it will file notice of the change (and of the date of the new fiscal year end) with the MSRB prior to the next date by which the City otherwise would be required to provide financial information and operating data pursuant to this Section.
(c) Event Notices. The City shall file notice of any of the following events with respect to the Bonds with the MSRB in a timely manner and not more than ten (10) business days after the occurrence of the event:
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults, if material;
(3) Unscheduled draws on debt service reserves reflecting financial difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial difficulties;
(5) Substitution of credit or liquidity providers, or their failure to perform;
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(6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB), or other
material notices or determinations with respect to the tax status of the Bonds, or other material
events affecting the tax status of the Bonds;
(7) Modifications to rights of holders of the Bonds, if material;
(8) Bond calls, if material, and tender offers;
(9) Defeasances;
(10) Release, substitution, or sale of property securing repayment of the Bonds, if
material;
(11) Rating changes;
(12) Bankruptcy, insolvency, receivership, or similar event of the City;
(13) The consummation of a merger, consolidation, or acquisition involving the City or
the sale of all or substantially all of the assets of the City, other than in the ordinary
course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and
(14) Appointment of a successor or additional trustee or the change of name of a trustee,
if material. (15) Incurrence of a Financial Obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a
Financial Obligation of the City, any of which affect security holders, if material;
and (16) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a Financial Obligation of the City, any of which reflect financial difficulties.
For these purposes, any event described in the immediately preceding paragraph (12) is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed
jurisdiction over substantially all of the assets or business of the City, or if such jurisdiction has
been assumed by leaving the existing governing body and officials or officers of the City in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or
business of the City.
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The City shall file notice with the MSRB, in a timely manner, of any failure by the City to provide financial information or operating data in accordance with subsection (b) of this Section
by the time required by such subsection.
(d) Limitations, Disclaimers, and Amendments. The City shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the City remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the City in any event will give notice of any deposit that causes the Bonds to be no longer
Outstanding.
The provisions of this Section are for the sole benefit of the holders and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide only the financial information, operating data, financial statements, and notices which it has
expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any
other information that may be relevant or material to a complete presentation of the City’s financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The City makes no representation or warranty concerning such information or its usefulness to a decision to invest
in or sell Bonds at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITH OR WITHOUT FAULT ON ITS PART, OF
ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF
ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the City in observing or performing its obligations under this Section shall
constitute a breach of or default under this Second Supplement for purposes of any other provision
of this Second Supplement.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the City under federal and state securities laws.
The provisions of this Section may be amended by the City from time to time to adapt to
changed circumstances that arise from a change in legal requirements, a change in law, or a change
in the identity, nature, status, or type of operations of the City, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule to the date of such amendment as well as such changed
circumstances, and (2) either (a) the holders of a majority in aggregate principal amount of the
Outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such amendment will not materially
HUNTSVILLE\WWSRB 2nd Supp Res 30
impair the interests of the holders and beneficial owners of the Bonds. The City may also repeal or amend the provisions of this Section if the SEC amends or repeals the applicable provisions of
the Rule or any court of final jurisdiction enters judgment that such provisions of the Rule are
invalid, and the City also may amend the provisions of this Section in its discretion in any other manner or circumstance, but in either case only if and to the extent that the provisions of this sentence would not have prevented an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, giving effect to (i) such provisions as so amended and (ii) any
amendments or interpretations of the Rule. If the City so amends the provisions of this Section,
the City shall include with any amended financial information or operating data next provided in accordance with this subsection (b) of this Section an explanation, in narrative form, of the reasons for the amendment and of the impact of any change in the type of financial information or operating data so provided.
(d) Format, Identifying Information, and Incorporation by Reference. All financial
information, operating data, financial statements, and notices required by this Section to be provided to the MSRB shall be provided in an electronic format and be accompanied by identifying information prescribed by the MSRB.
Financial information and operating data to be provided pursuant to subsection (b) of this
Section may be set forth in full in one or more documents or may be included by specific reference
to any document (including an official statement or other offering document) available to the public on the MSRB’s Internet Web site or filed with the SEC.
Section 7.10. CREDIT AGREEMENT. To the extent permitted by law, the City reserves the right to enter into Credit Agreements in connection with the Bonds, upon the written
opinion of the Chief Financial Officer that such Credit Agreements are in the best interest of the
City given the market conditions at the time. The Credit Agreements will constitute a Credit Agreement as defined in the Master Ordinance. Credit Agreements and the obligations thereunder may, pursuant to their terms, constitute (i) Parity Debt secured by a pledge of the Security on parity with the Bonds and other Parity Debt, (ii) Subordinated Debt secured by a pledge of the Security
subordinate to the Bonds and other Parity Debt or (iii) partially Parity Debt and partially
Subordinated Debt. Section 7.11. DEFAULT AND REMEDIES. (a) Events of Default. Each of the following occurrences or events for the purpose of this Second Supplement is hereby declared to
be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the Bonds when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or
obligation of the City, the failure to perform which materially, adversely affects the rights of the Registered Owners of the Bonds, including, but not limited to, their prospect or ability to be repaid in accordance with this Second Supplement, and the
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continuation thereof for a period of 60 days after notice of such default is given by any Registered Owner to the City.
(b) Remedies for Default. (i) Upon the happening of any Event of Default, then and in every case, any Registered Owner or an authorized representative thereof, including, but not limited
to, a trustee or trustees therefor, may proceed against the City, or any official,
officer or employee of the City in their official capacity, for the purpose of protecting and enforcing the rights of the Registered Owners under this Second Supplement, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law,
including the specific performance of any covenant or agreement contained herein,
or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners hereunder or any combination of such remedies. (ii) It is provided that all such proceedings shall be instituted and maintained for
the equal benefit of all Registered Owners of Bonds then outstanding.
(c) Remedies Not Exclusive. (i) No remedy herein conferred or reserved is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given hereunder or under the Bonds or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Second Supplement, the right to accelerate the debt evidenced by the Bonds shall not be available as a remedy under
this Second Supplement.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy.
(iii) By accepting the delivery of a Bond authorized under this Second Supplement,
such Registered Owner agrees that the certifications required to effectuate any covenants or representations contained in this Second Supplement do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or trustees of the City or the City Council.
(iv) None of the members of the City Council, nor any other official or officer, agent, or employee of the City, shall be charged personally by the Registered Owners with any liability, or be held personally liable to the Registered Owners under any term or provision of this Second Supplement, or because of any Event of
Default or alleged Event of Default under this Second Supplement.
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Section 7.12. RULES OF INTERPRETATION. For purposes of this Second Supplement, except as otherwise expressly provided or the context otherwise requires:
(a) The words "herein," "hereof" and "hereunder" and other similar words refer to this Second Supplement as a whole and not to any particular Article, Section, or other subdivision. (b) The definitions in an Article are applicable whether the terms defined are used in the
singular or the plural.
(c) All accounting terms that are not defined in this Second Supplement have the meanings assigned to them in accordance with then applicable accounting principles.
(d) Any pronouns used in this Second Supplement include both the singular and the plural
and cover both genders. (e) Any terms defined elsewhere in this Second Supplement have the meanings attributed to them where defined.
(f) The captions or headings are for convenience only and in no way define, limit or describe the scope or intent, or control or affect the meaning or construction, of any provisions or sections hereof.
(g) Any references to Section numbers are to Sections of this Second Supplement unless
stated otherwise. Section 7.13. INDIVIDUALS NOT LIABLE. All covenants, stipulations, obligations, and agreements of the City contained in this Second Supplement shall be deemed to be covenants,
stipulations, obligations, and agreements of the Financing Program, the Utility System and the
City to the full extent authorized or permitted by State law. No covenant, stipulation, obligation, or agreement herein contained shall be deemed to be a covenant, stipulation, obligation, or agreement of any member of the City Council or agent or employee of the City in his or her individual capacity and neither the members of the City Council, nor any officer, employee, or
agent of the City shall be liable personally on the Bonds when issued, or be subject to any personal
liability or accountability by reason of the issuance thereof. Section 7.14. PAYMENT OF ATTORNEY GENERAL FEE. The City hereby authorizes the disbursement of a fee equal to the lesser of (i) one-tenth of one percent of the
principal amount of the Bonds or (ii) $9,500, provided that such fee shall not be less than $750, to
the Attorney General of Texas Public Finance Division for payment of the examination fee charged by the State of Texas for the Attorney General's review and approval of public securities and credit agreements, as required by Section 1202.004 of the Texas Government Code. The Authorized Representative is hereby instructed to take the necessary measures to make this payment. The City
is also authorized to reimburse the appropriate City funds for such payment from proceeds of the
Bonds of each Series.
HUNTSVILLE\WWSRB 2nd Supp Res Sig Pg
IN ACCORDANCE WITH SECTION 1201.028, Texas Government Code, finally passed, approved and effective this 1st day of February, 2022.
________________________________________ Andy Brauninger, Mayor City of Huntsville, Texas ATTEST: _________________________________
Kristy Doll, City Secretary City of Huntsville, Texas [CITY SEAL] APPROVED AS TO FORM: ______________________________ Leonard Schneider, City Attorney City of Huntsville, Texas
HUNTSVILLE\WWSRB 2nd Supp Res SigPg
The City has caused this Second Supplement to be executed by an Authorized Representative. CITY OF HUNTSVILLE, TEXAS
By: ________________________________ Authorized Representative
HUNTSVILLE\WWSRB 2nd Supp Res A-1
EXHIBIT A DEFINITIONS As used in this Second Supplement, the following terms shall have the meanings set forth
below, unless the text hereof specifically indicates otherwise:
"Authorized Denominations" - Means $5,000 or any integral multiple thereof. "Authorized Representative" - Means the City Manager, Assistant City Manager, Director
of Finance or such other individuals so designated by the City to perform the duties of an
Authorized Representative under this Second Supplement. "Bonds" - The Bonds issued pursuant to and governed by this Second Supplement, as described in Article II hereof.
"Bond Insurer" - One or more companies, if any, insuring all or any portion of the Bonds (or any portion thereof) or any successor thereof or assignee thereof. "Chief Financial Officer" - Means the Finance Director or such other officer or employee
of the City or such other individual so designated by the City to perform the duties of Chief
Financial Officer under this Second Supplement. "Current Interest Bonds" - The Bonds paying current interest and maturing in each of the years and in the aggregate principal amounts set forth in this Ordinance.
"Defeasance Securities" - Means (i) Federal Securities and (ii) noncallable obligations of an agency or instrumentality of the United States of America, including obligations that are unconditionally guaranteed or insured by the agency or instrumentality and that, on the date the City adopts or approves proceedings authorizing the issuance of refunding bonds or otherwise
provide for the funding of an escrow to effect the defeasance of Bonds are rated as to investment
quality by a nationally recognized investment rating firm not less than "AAA" or its equivalent. "DTC" - The Depository Trust Company, New York, New York, or any successor securities depository.
"DTC Participant" - Securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations on whose behalf DTC was created to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants.
"Federal Securities" - Direct, noncallable obligations of the United States of America, including obligations that are unconditionally guaranteed by the United States of America.
HUNTSVILLE\WWSRB 2nd Supp Res A-2
"Issuance Date" - The date of delivery of the Bonds to the initial purchaser(s) thereof against payment therefor. "Master Ordinance" - The "Master Ordinance Establishing the Utility System Revenue Financing Program," adopted by the City on May 1, 2018, as may be amended or supplemented
from time to time.
"Maturity" - When used with respect to the Bonds, the scheduled maturity of the Bonds. "Maximum Rate" - A net effective interest rate (as defined in and calculated in accordance
with the provisions of the Chapter 1204, Texas Government Code, as amended not to exceed
fifteen percent (15%)). "MSRB" - The Municipal Securities Rulemaking Board.
"Owner" - The registered owners of the Bonds as shown on the Security Register and to
the extent set forth in a Credit Agreement relating to the Bonds, the party contracting with the City under a Credit Agreement. "Paying Agent" - The agent selected and appointed by the City for purposes of paying the
principal of, premium, if any, and interest on the Bonds to the Owners thereof, as identified in
Section 2.03 hereof and any successor to such agent. "Paying Agent/Registrar" - Collectively, the Paying Agent and the Registrar designated in Section 2.03 of this Second Supplement or any successor to such agent.
"Paying Agent/Registrar Agreement" - The agreement having such name executed by and between the City and the Paying Agent/Registrar. "Predecessor Bonds" - Predecessor Bonds as defined in Section 2.05(a) hereof.
"Rebate Account" - The account by that name described in Section 4.02 hereof. "Record Date" - With respect to each interest payment date of a Bond, the last business day of the next preceding month.
"Registrar" - The agent selected and appointed by the City for purposes of keeping and maintaining books and records relating to the registration, transfer, exchange, and payment of the Bonds and interest thereon, as identified in Section 2.03 hereof and any successor to such agent.
"Reserve Account" - The account that was described in Section 4.03 hereof. "Reserve Account Obligation" - Means a surety bond or insurance policy deposited in the Reserve Account to satisfy the Required Reserve Amount whereby the issuer is obligated to
HUNTSVILLE\WWSRB 2nd Supp Res A-3
provide funds up to and including the maximum amount and under the conditions specified in such agreement or instrument. "Rule" - SEC Rule 15c2-12, as amended from time to time.
"SEC" - The United States Securities and Exchange City. "Second Supplement" - This Second Supplemental Ordinance, which was adopted pursuant to authority reserved by the City under the Master Ordinance.
"Section" - Unless the context clearly requires otherwise, refers to a Section of this Second Supplement. "Security Register" - The books and records kept and maintained by the Registrar relating
to the registration, transfer, exchange, and payment of the Bonds and the interest thereon.
HUNTSVILLE\WWSRB 2nd Supp Res B-1
EXHIBIT B FORM OF BONDS UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF WALKER CITY OF HUNTSVILLE, TEXAS WATER AND WASTEWATER SYSTEM REVENUE BONDS, SERIES 2022 No. R-_____ $_________
BOND DATE INTEREST RATE MATURITY DATE CUSIP NO.
March 1, 2022
REGISTERED OWNER:
PRINCIPAL AMOUNT: DOLLARS The City of Huntsville, Texas (the "City") hereby promises to pay, solely from the sources hereinafter identified and as hereinafter stated, to the Registered Owner named above, or the
registered assigns thereof, the Principal Amount specified above on the Maturity Date specified above and to pay interest on the unpaid principal amount hereof from the Bond Date specified above at the per annum rate of interest specified above computed on the basis of a 360-day year of twelve 30-day months; such interest being payable on August 15 and February 15 of each year, commencing August 15, 2022. Principal of this Bond shall be payable to the Registered Owner
hereof, upon presentation and surrender, at the designated office of the Paying Agent/Registrar named in the registration certificate appearing hereon, or its successor. Interest shall be payable to the Registered Owner of this Bond whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date," which is the last business day of the next preceding month. All payments of principal of, premium, if any, and
interest on this Bond shall be payable in lawful money of the United States of America, without exchange or collection charges, and interest payments shall be made by the Paying Agent/Registrar by check sent on or before the appropriate date of payment, by United States mail, first-class postage prepaid, to the Registered Owner hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk
and expense of, the Registered Owner hereof.
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This Bond is one of a duly authorized issue of bonds designated as "City of Huntsville, Texas Water and Wastewater System Revenue Bonds, Series 2022" (the "Bonds"), in the aggregate principal amount of $_____ issued pursuant to the laws of the State of Texas, including specifically the Enabling Act (the "Act"), and initially under and pursuant to an ordinance of the City adopted
on February 1, 2022, and entitled Second Supplemental Ordinance to the Master Ordinance establishing the City of Huntsville, Texas Utility System Revenue Financing Program (the "Second Supplement") for the purpose of (i) replacing and upsizing various trunk sewer lines and replacing various sewer line segments together with engineering, legal and other related costs and (ii) paying the costs of issuing such Bonds. The Bonds are secured by a first lien on and pledge of
the Security as defined in the Master Ordinance adopted on May 1, 2018 (the "Master Ordinance"), on a parity with all other Parity Debt (as defined in the Master Ordinance and the Second Supplement). The Master Ordinance, as supplemented by the Second Supplement, is referred to in this
Bond as the "Ordinance." Terms used herein and not otherwise defined shall have the meanings given in the Ordinance. The Bonds are issued as "Current Interest Bonds," which total in principal amount $_____, and which pay accrued interest at stated intervals to the Registered Owners.
Redemption Provisions The City reserves the right, at its option, to redeem Bonds having stated maturities on and after August 15, 20__, in whole or from time to time in part in principal amounts of $5,000 or any
integral multiple thereof, on August 15, 20__, or any date thereafter, at the par value thereof plus accrued interest to the date of redemption. If the Bonds are redeemed, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the City, and if less than all of a maturity is to be redeemed the Paying Agent/Registrar shall determine by lot the Bonds, or portions thereof within such maturity to be redeemed (provided that a portion of a Bond may be
redeemed only in integral multiples of $5,000 of principal amount). THE BONDS maturing on August 15, 20__ and August 15, 20__ (the "Term Bonds") are subject to mandatory sinking fund redemption by lot prior to maturity in the following amounts, on the following dates and at a price of par plus accrued interest to the redemption date.
Bonds Maturing August 15, 20__*
Redemption Date Principal Amount
August 15, 20 $
August 15, 20
*Final Maturity
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Bonds Maturing August 15, 20__*
Redemption Date Principal Amount
August 15, 20 $
August 15, 20 *Final Maturity THE PRINCIPAL AMOUNT of the Term Bonds required to be redeemed pursuant to the operation of the mandatory sinking fund redemption provisions shall be reduced, at the option of the District by the principal amount of any Term Bonds of the stated maturity which, at least 50
days prior to a mandatory redemption date, (1) shall have been acquired by the District, at a price not exceeding the principal amount of such Term Bonds plus accrued interest to the date of purchase thereof, and delivered to the Paying Agent/Registrar for cancellation, (2) shall have been purchased and canceled by the Paying Agent/Registrar at the request of the District with monies in the Interest and Sinking Fund at a price not exceeding the principal amount of the Term Bonds
plus accrued interest to the date of purchase thereof, or (3) shall have been redeemed pursuant to the optional redemption provisions and not theretofore credited against a mandatory sinking fund redemption requirement. At least 30 days prior to the date fixed for any redemption of Bonds or portions thereof
prior to maturity, a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption to the Registered Owner of each Bond to be redeemed at its address as it appeared on the Registration Books maintained by the Paying Agent/Registrar on the day such notice of redemption is mailed. By the date fixed for any such redemption, due provision shall be made
with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed. If such written notice of redemption is mailed and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they
shall not be regarded as being outstanding except for the right of the Registered Owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the Registered Owner, and in an aggregate principal
amount equal to the unredeemed portion thereof, will be issued to the Registered Owner upon the surrender thereof for cancellation, at the expense of the City, all as provided in the Bond Ordinance.
HUNTSVILLE\WWSRB 2nd Supp Res B-4
With respect to any optional redemption of the Bonds, unless certain prerequisites to such redemption required by the Bond Ordinance have been met and moneys sufficient to pay the principal of and premium, if any, and interest on the Bonds to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such
notice shall state that said redemption may, at the option of the City, be conditional upon the satisfaction of such prerequisites and receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon any prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption and sufficient moneys are not received, such notice shall be of no force and effect, the City shall
not redeem such Bonds and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Bonds have not been redeemed. Notice of redemption shall be given at the times and in the manner provided in the Second Supplement.
If this Bond is in a denomination in excess of $5,000, portions of the principal sum hereof in principal amount of $5,000 or any integral multiple thereof may be redeemed, and, if less than all of the principal sum hereof is to be redeemed, there shall be issued, without charge therefor, to the Registered Owner hereof, upon the surrender of this Bond at the principal office of the Paying
Agent/Registrar, a new Bond or Bonds of like maturity, series and interest rate in any authorized denominations provided by the Resolution for the then unredeemed balance of the principal amount hereof. If this Bond is selected for redemption, in whole or in part, neither the City nor the Paying Agent/Registrar shall be required to transfer this Bond to an assignee of the Registered Owner within forty-five (45) days of the redemption date therefor; provided, however, such
limitation on transferability shall not be applicable to any exchange by the Registered Owner of the unredeemed balance hereof in the event of its redemption in part. The Bonds are special obligations of the City payable solely from and equally secured by a lien on and pledge of the Security. The Bonds do not constitute a legal or equitable pledge,
charge, lien, or encumbrance upon any property of the City, except with respect to the Security. The pledge of the Security and the other obligations of the City under the Ordinance may be discharged at or prior to the maturity of the Bonds upon the making of provision for their payment on the terms and conditions set forth in the Ordinance.
Subject to satisfying the terms and conditions stated in the Ordinance, the City has reserved the right to issue additional Parity Debt payable solely from and equally and ratably secured by a parity lien on and pledge of the Security and other moneys and securities pledged under the Ordinance to the payment of the Bonds.
Reference is hereby made to the Ordinance, a copy of which is on file in the designated office of the Paying Agent/Registrar, and to all of the provisions of which any Registered Owner of this Bond by his acceptance hereof hereby assents, for definitions of terms; the description of
HUNTSVILLE\WWSRB 2nd Supp Res B-5
and the nature and extent of the security for the Bonds; the Security; the nature and extent and manner of enforcement of the pledge; the terms and conditions for the issuance of additional Parity Debt; the conditions upon which the Ordinance may be amended or supplemented with or without the consent of the Registered Owners of the Bonds; the rights and remedies of the Registered
Owner hereof with respect hereto and thereto; the rights, duties and obligations of the City; the terms and provisions upon which the liens, pledges, charges, and covenants made therein may be discharged at or prior to the maturity or redemption of this Bond and this Bond thereafter no longer to be secured by the Ordinance or be deemed to be outstanding thereunder; and for the other terms and provisions thereof.
This Bond, subject to certain limitations contained in the Ordinance, may be transferred only upon its presentation and surrender at the designated office of the Paying Agent/Registrar named below, or its successor with the Assignment hereon duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to the Paying Agent/Registrar duly executed
by, the Registered Owner hereof, or his duly authorized agent, and such transfer is noted on the Security Register by the Paying Agent/Registrar. When a transfer occurs, one or more new fully registered Bonds of the same Maturity of authorized denominations, bearing the same rate of interest, and of the same aggregate principal amount will be issued to the designated transferee or transferees.
The City and the Paying Agent/Registrar, and any agent of either, shall treat the Registered Owner whose name appears on the Security Register (i) on the Record Date as the owner entitled to payment of interest hereon, (ii) on the date of surrender of this Bond as the owner entitled to payment of principal hereof at its Maturity or its redemption, in whole or in part, and (iii) on any
other date as the owner for all other purposes, and neither the City nor the Paying Agent/Registrar, nor any agent of either, shall be affected by notice to the contrary. In the event of nonpayment of interest on a scheduled payment date and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the City. Notice of the
Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each Registered Owner appearing on the Security Register at the close of business on the last business day next preceding the date of mailing of such notice.
It is hereby certified, recited, represented, and declared that the City is a duly organized and legally existing home-rule city, organized under and by virtue of the Constitution and laws of the State of Texas; that the issuance of this Bond and the series of which it is a part are duly authorized by law; that all acts, conditions, and things required to exist and be done precedent to
and in the issuance of this Bond to render the same lawful and valid have been properly done, have happened, and have been performed in regular and due time, form, and manner as required by the Constitution and laws of the State of Texas and the Ordinance; that this series of bonds does not exceed any Constitutional or statutory limitation; and that due provision has been made for the
HUNTSVILLE\WWSRB 2nd Supp Res B-6
payment of this Bond and the Series of which it is a part as aforestated. In case any provision in this Bond shall be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The terms and provisions of this Bond and the Ordinance shall be construed in accordance with and shall be
governed by the laws of the State of Texas. The holder of this Bond is not entitled to demand payment of this Bond out of any money raised by taxation. IN TESTIMONY WHEREOF, the City has caused its seal to be impressed or a facsimile thereof to be printed hereon and this Bond to be executed in the name of and on behalf of the City
with the manual or facsimile signatures of its Mayor, and attested by the City Secretary. CITY OF HUNTSVILLE, TEXAS
By: _______________________________ By: _______________________________ City Secretary Mayor (SEAL)
[INSERTIONS FOR THE INITIAL BOND] The Initial Bond shall be in the form set forth in this exhibit, except that:
A. Immediately under the name of the Bond, the headings "INTEREST RATE" and "MATURITY DATE" shall both be completed with the words "As shown below", and the heading "CUSIP NO." shall be deleted. B. The first paragraph of the Bond shall be deleted and the following will be inserted
(with all blanks and bracketed items to be completed with information contained in this Ordinance): "The City of Huntsville, Texas (the "City") hereby promises to pay, solely from the sources hereinafter identified and as hereinafter stated, to the Registered Owner named above, or the
registered assigns thereof, on August 15 in each of the years, in the principal installments and bearing interest at the per annum rates set forth in the following schedule: Year Amount Rate
(Information from Sections 2.02 and 2.03 to be inserted) The City promises to pay interest on the unpaid principal amount hereof from the Bond Date specified above at the respective per annum rate of interest specified above computed on the basis
HUNTSVILLE\WWSRB 2nd Supp Res B-7
of a 360-day year of twelve 30-day months; such interest being payable on August 15 and February 15 of each year, commencing August 15, 2022. Principal of this Bond shall be payable to the Registered Owner hereof, upon presentation and surrender, at the principal office of the Paying Agent/Registrar named in the registration certificate appearing hereon, or its successor. Interest
shall be payable to the Registered Owner of this Bond whose name appears on the "Security Register" maintained by the Paying Agent/Registrar at the close of business on the "Record Date," which is the last business day of the next preceding month. All payments of principal of, premium, if any, and interest on this Bond shall be payable in lawful money of the United States of America, without exchange or collection charges, and interest payments shall be made by the Paying
Agent/Registrar by check sent on or before the appropriate date of payment, by United States mail, first-class postage prepaid, to the Registered Owner hereof at the address appearing in the Security Register or by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the Registered Owner hereof."
C. The Initial Bond shall be numbered "T-1." Form of Registration Certificate of Comptroller of Public Accounts to Appear on Initial Bond only.
REGISTRATION CERTIFICATE OF COMPTROLLER OF PUBLIC ACCOUNTS OFFICE OF THE COMPTROLLER §
OF PUBLIC ACCOUNTS § THE STATE OF TEXAS § REGISTER NO. _______ I HEREBY CERTIFY that this Bond has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and duly registered by the Comptroller of
Public Accounts of the State of Texas.
WITNESS my signature and seal of office this ________________.
_________________________ Comptroller of Public Accounts of the State of Texas
(SEAL)
HUNTSVILLE\WWSRB 2nd Supp Res B-8
AUTHENTICATION CERTIFICATE OF PAYING AGENT/REGISTRAR
This Bond has been duly issued and registered under the provisions of the within-
mentioned Resolution; the bond or bonds of the above titled and designated series originally delivered having been approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts, as shown by the records of the Paying Agent/Registrar.
ZB, NATIONAL ASSOCIATION,
dba AMEGY BANK as Paying Agent/Registrar Registered this date:
______________________________ By: __________________________ Authorized Signature
Form of Assignment.
ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto
______________________________________________________________________________
(Please insert Social Security or Taxpayer Identification Number of Transferee)
(Please print or typewrite name and address, including zip code, of Transferee)
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
_________________ attorney, to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: _____________________ __________________________________
HUNTSVILLE\WWSRB 2nd Supp Res B-9
Signature guaranteed by: NOTICE: The signature on this assignment must correspond with the name of the Registered Owner as it appears on the face of the within Bond in every
particular.
Agenda Item # Page 10
EXHIBIT "C" DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 7.09 of this Ordinance. Annual Financial Statements and Operating Data The financial information and operating data with respect to the City to be provided
annually in accordance with such Section are as specified (and included in the Appendix or under the headings of the Official Statement referred to) below: (1) Table 1 - Historical Water Consumption; (2) Table 2 - Largest Water Customers;
(3) Table 3 - Monthly Water Rates; (4) Table 4 - Wastewater Usage; (5) Table 5 - Ten Largest Sewer Customers; (6) Table 6 - Monthly Sewer Rates; (7) Table 7 - Pro Forma Revenue Debt Service Requirements
(8) Table 8 - Authorized Revenue Bonds; (9) Table 9 - Condensed Statement of Operations; (10) Table 10 - Coverage and Fund Balances; (11) Table 11 - Value of the System; (12) Table 12 - City's Equity in the System; and
(13) Appendix B. Accounting Principles The accounting principles referred to in such Section are the accounting principles
described in the notes to the financial statements referred to in paragraph 1 above.
Agenda Item # Page 11
Item/Subject: Consider approving Resolution 2022-5 setting the date for a public hearing to initiate
the creation of a Public Improvement District to be known as the “Reserves of Huntsville Public
Improvement District” inside the corporate limits of the City of Huntsville, Texas on property located in
the 3400 block of State Highway 30 west.
Initiating Department/Presenter: Development Services
Presenter: Kevin Byal – Director of Development Services
Recommended Motion: Move to approve Resolution 2022-5, setting a public hearing date under sec.
372.009 of the Texas Local Government Code for the creation of the Reserves of Huntsville Public
Improvement District within the corporate limits of the City of Huntsville, Texas.
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: Section 372.009 of the Texas Local Government Code prescribes specific requirements that
must be implemented for the purpose of creating Public Improvement Districts (PID’s). This resolution
is the first step in the creation of the Reserves of Huntsville Public Improvement District, in that, it will
establish March 1, 2022 as the date of the required public hearing to give the public the opportunity to
comment on the creation of the proposed PID.
Previous Council Action: At the December 21, 2021, council meeting, Council vote to approve the
concept of creating a Public Improvement District for this specific project.
Financial Implications: ☒There is no financial impact associated with this item. The financial impact of any action the
Council considers will be included in the PID assessment.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
•Resolution – 2022-5
•Exhibit A
•Exhibit B
2/1/22 Agenda
Item: 2b
CITY COUNCIL AGENDA
RESOLUTION NO. 2022-5
A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS
LOCAL GOVERNMENT CODE FOR THE CREATION OF THE RESERVES OF HUNTSVILLE PUBLIC IMPROVEMENT DISTRICT WITHIN THE CORPORATE LIMITS OF THE CITY OF HUNTSVILLE, TEXAS; AUTHORIZING THE ISSUANCE OF NOTICE BY THE CITY SECRETARY REGARDING THE PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the City of Huntsville, Texas (the "City"), is authorized under Chapter 372 of the Texas
Local Government Code (the "Act"), to create a public improvement district within its
corporate limits; and
WHEREAS on January 17, 2022, the owner of (1) taxable real property representing more than 50
percent of the appraised value of taxable real property liable for assessment under the
proposal, as determined by the current roll of the appraisal district in which the property is
located and (2) record owner of real property liable for assessment under the proposal who:
(A) constitutes more than 50 percent of all record owners of property that is liable for
assessment under the proposal; or (B) own taxable real property that constitutes more than
50 percent of the area of all taxable real property that is liable for assessment under the
proposal (the "Petitioner"), filed with the City Secretary of Huntsville (the "City
Secretary") a petition ("Petition"), attached as Exhibit A, requesting the establishment of a
public improvement district for property wholly within the corporate limits of the City; and
WHEREAS the City Council of Huntsville, Texas (the "City Council") will hold a public hearing in
accordance with Section 372.009 of the Act regarding the advisability of establishing the
District (as hereinafter defined) the nature of the improvements contemplated, the
estimated costs of the improvements, the boundaries of the District, the method of
assessment, and the apportionment, if any, of the costs; and
WHEREAS in order to hold a public hearing for the creation of a public improvement district, notice
must be given in a newspaper of general circulation in the municipality and in a newspaper
of general circulation in the corporate limits of the City before the 15th day before the date
of the hearing, and written notice must be mailed to the current address of each owner, as
reflected on the tax rolls, of property that would be subject to assessment under the
proposed public improvement district; and
WHEREAS both newspaper notice and mailed notice must contain the information required for notice
as provided for in Section 372.009 of the Act; and
WHEREAS the City Council has determined to hold a public hearing on March 1, 2022 on the creation
of a public improvement district; and
WHEREAS the City Council finds that the passage of this Resolution is in the best interest of the
citizens of the City; and
WHEREAS it is hereby officially found and determined that the meeting at which this resolution was
considered was open to the public, and public notice of the time, place and purpose of said
meeting was given, all as required by Chapter 551, Texas Government Code.
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas that:
Section 1 All of the above recitals are hereby found to be true and correct factual determinations of
the City Council and are hereby approved and incorporated by reference as though fully
set forth herein.
Section 2 City Staff reviewed the Petition and determined that the same complied with the
requirements of the Act and the City Council accepts the Petition.
Section 3 That a public hearing is hereby called for March 1, 2022 at 6:00 p.m. in the City of
Huntsville City Hall, 1212 Avenue M, Huntsville, Texas 77340 (unless alternative meeting
arrangements are required to address public health concerns, which meeting arrangements
will be specified in the Notice, as hereinafter defined, of such meeting posted in accordance
with applicable law), for the purpose of hearing public testimony with respect to the
creation of a public improvement district.
Section 4 At such time and place the City Council will hear testimony regarding the creation of the
proposed public improvement district and consider the adoption of a resolution authorizing
the creation of the public improvement district.
Section 5 Attached hereto as Exhibit A is the Petition for the Creation of a Public Improvement
District within the corporate limits of the City for the "Reserves of Huntsville Public
Improvement District" (the "District"), which includes a metes-and-bounds description of
the approximately 33.22 acres of property to be included in the proposed District.
Section 6 Attached here to as Exhibit B is a form of the Notice of Public Hearing (the "Notice") the
form and substance of which is hereby adopted and approved and subject to alternative
meeting arrangements to address public health concerns, which meeting arrangements will
be specified in the Notice.
Section 7 The City Secretary is hereby authorized and directed to cause said Notice to be published
in substantially the form attached hereto, in a newspaper of general circulation in the
corporate limits of the City, and to notify any affected landowners within the boundaries
of the proposed public improvement district as required by law. The City Secretary shall
provide notice on or before the 15th day before the hearing.
Section 8 If any portion of this Resolution 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 hereby determines that it would have adopted this Resolution without the
invalid provision.
Section 9 This Resolution shall be in full force and effect from and after its passage, and it is
accordingly so resolved.
PASSED AND APPROVED this 1st day of February 2022.
THE CITY OF HUNTSVILLE
_____________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
EXHIBIT A
PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT WITHIN THE CITY OF HUNTSVILLE, TEXAS (Reserves of Huntsville Public Improvement District)
This petition ("Petition") is submitted and filed with the City Secretary of the City of Huntsville,
Texas ("City"), by James L. Hall, as Trustee of the James L. Hall, Trust; Janice C. McCaffety, as
Trustee of the Janice C. McCaffety Trust; and Grace E. Scelsi, as Trustee of the Grace E. Scelsi Trust,
the owners of the approximately 33.22 acres (collectively, the "Petitioner") located within the proposed
boundaries of the hereinafter defined District. Acting pursuant to the provisions of Chapter 372, Texas
Local Government Code, as amended (the "Act"), the Petitioner requests that the City create a public
improvement district (the "District"), to include property located wholly within the corporate limits of
the City, more particularly described by a metes and bounds description in Exhibit A (the "Property").
In support of this Petition, the Petitioner would present the following:
Section 1. General Nature of the Authorized Improvements. The general nature of the
proposed public improvements (collectively, the "Authorized Improvements") may include: (i) design,
construction and other allowed costs related to street and roadway improvements, including related
sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking
and right-of-way; (ii) design, construction and other allowed costs related to improvement of parks and
open space, together with any ancillary structures, features or amenities such as trails, playgrounds,
walkways, lighting and any similar items located therein; (iii) design, construction and other allowed
costs related to sidewalks and landscaping and hardscaping, fountains, lighting and signage; (iv) design,
construction and other allowed costs related to gas, water, wastewater and drainage (including
detention) improvements and facilities; (v) design, construction and other allowed costs related to
projects similar to those listed in subsections (i) -(iv) above authorized by the Act, including similar
off-site projects that provide a benefit to the property within the District; (vi) special supplemental
services for improvement and promotion of the district; (vii) payment of costs associated with operating
and maintaining the public improvements listed in subparagraphs (i) -(v) above; and (viii) payment of
costs associated with developing and financing the public improvements listed in subparagraphs (i)
(v)above, and costs of establishing, administering and operating the District. These Authorized
Improvements shall promote the interests of the City and confer a special benefit upon the Property.
Section 2. Estimated Cost of the Authorized Improvements. The estimated cost to design,
acquire, and construct the Authorized Improvements, together with bond issuance costs, eligible legal
and financial fees, eligible credit enhancement costs and eligible costs incurred in the establishment
administration and operation of the District, is $6,500,000. The City will pay none of the costs of the
proposed Authorized Improvements from funds other than such assessments. The remaining costs of
the Authorized Improvements will be paid from sources other than the City or assessments of property
owners.
4 17867.1/4888-1186-5866.vl
RESPECTFULLY SUBMITTED, on this the / 7 fL. day of Je,,,/l(A 0, ( \j , 2022. - I
17867. l/4888-1186-5866.v I
PETITIONER:
THE JANICE C. MCCAFFETY TRUST /9� C. J11 c0'(4 / � By: Jame� C. ¼Caffe¾ Tl)lst� . . . . /:J ;//01¥-v z_. fe-t'f; ;1HT/Jt7)1 /;?--Ccf 17-(rM r-
THE JA S L. HAL1;-JR�J
�7�/�
THE GRACE SCELSI TRUST
� a?�& :k�
By: Grace Scelsi, Trustee 1 � Y� -£/M
/rl4 Ill P/11 kl-;lt'°t?4v·Y---· 6
EXHIBIT A
LEGAL DESCRIPTION~ 33.22 ACRE TRACT
Being 33.22 acres of land, situated io the City of Huntsville, LEWlS COX LEAGUE, Abstract No. 13, Walker County, Texas, and being part of a called 33.49 acre tract described as 28.31 acre and 10.05 acre tracts save and except 3. 74 acre and 1.13 acre tracts in a Deed from James B.Hall Trust to James L. Hall Trust, et al dated October 25, 2016 and recorded in Volume 1259,page 633, Official Public Records of Walker County, Texas, said 33.22 acres being more de.finitelydescribed as follows:
BEGTh,.NING at the northwest comer of said Hall Trust 33.49 acres and the northeast corner of a called 251.78 acre lrnct (51 % interest) described as Tract II in a Deed from Thomas Carroll Cole, Jr., et al to Thomas Carroll Cole, Jr. and Jan Carroll Cole dated April 16, 1987 and recorded in Volume 42, page 5, Official Public Records, same 251.78 acre tract being described as 49% interest in a Deed from Margaret Thomason Cole to Thomas Carroll Cole, Jr. and Jan Carroll Cole dated April 23, 1987 and recorded in Volume 42, page 9, Official Public Records in a south line of a called 515 acre tract described in a Deed from Ed. I-1. Cunningham, et al to John Ireland, Governor of the State of Texas and his successors (now being T.D.C.J. Institutional Division "Wynne Farm") dated June 23, 1883 and recorded in Volume Y, page 181, Deed Records of Walker County, set a 5/8" iron rod with yellow plastic cap stamped "H.E. McAdams RPLS 2005" having coordinates ofN==
I 0,257,920.90 feet and E== 3,787,525.41 feet for comer from which a 3" diameter concrete
monument found bears N 01 °24'48"W-1.44 feet and a 4"x4" concrete monument stamped "TPL" found for a southwest comer of said State of Texas 515 acres bears S 87°26'52"W-1215.30 feet;
THENCE N 87°26'52"E, with the common boundary of said Hall Trust 33.49 acre and State of Texas 515 acre tracts, at 782.26 feet pass the common comer of said 28.31 and I 0.05 acre tracts, from said point found a 3" diameter concrete monument S O l °39'E-1.20 feet, continuing a total distance of 1107.25 feet to the northeast comer of said Hall Trust 33.49 acres and the northwest corner of a called 34.499 acre tract described in a Deed from Thomason Family Trust to Arnstad Development, LLC dated June I 4, 2018 and recorded in Volume 1331, page 683, Official Public Records, a point for comer from which found a 5/8" iron rod v,ith plastic cap stamped "Johnson Incorporate" S O 1 °54 '40"E-0. 79 feet and a concrete monument with broken top bears N 87°26'52"E-I 761.56 feet;
THENCE S 01°54'40"£, with the common boundary of said Hall Trust 33.49 acre and Amstad Development 34.499 acre tracts, a distance of 1163 .. 19 feet to their common comer and the northeast comer of a called 3.74 acre tract (out said 33.49 acres) awarded to the State of Texas described in an Agreed Judgment styled The State of Texas v James L. Hall Trustee, et al dated April 28, 2008 and recorded in Volume 873, page 74, Official Public Records in a northwest rightof-way line of State Highway No. 30, found a 3.5" diameter Tex.as Department of Transportation (hereinafter referred to as TXDOT) concrete monument with brass disc stamped "850+02.40" for corner;
THENCE S 76°19'15"W, with the southeast line of said Hall Trust and the northwest rightof-way line of State Highway 30, a distance of 326.22 feet to an angle point in said line, found a 3.5" diameter TXDOT concrete monument with brass disc stamped "846+86.00";
7 17867.1/4888-1186-5866.v I
THENCE S 71 ° I 5'0TW. continuing with the southeast line of said Hall Trust and the northwest right-of-way line of State Highway 30. at 512.12 feet pass a 3.5'. diameter TX DOT concrete monument with brass disc stamped "841 +90.93'" found for reference. continuing a totaldistance of 836.35 feet to the southwest corner of said Hall Trust 33.49 acres and the southeast corner of said Cole 251.78 acre tract found a 3_s-· diameter TXDOT concrete monument with brass disc stamped "838+68.58'. for corner:
THENCE N O I 024'48'.W, with the common boundary of said Hall Trust and Cole tracts. a distance of 1459.64 feet to the POINT OF BEGINNING.
Surveyed: October I 3. 2021
P:Vobsl 1\11091\111191 :fns.dvc 8 17867. l/4888-1186-5866.vl
EXHIBIT B
CITY OF HUNTSVILLE, TEXAS
NOTICE OF PUBLIC HEARING REGARDING THE CREATION OF A PUBLIC IMPROVEMENT DISTRICT
Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended (the "Act"), notice is hereby given that the City Council of the City of Huntsville, Texas ("City"), will hold a public
hearing to accept public comments and discuss the petition (the "Petition"), filed by James L. Hall, as Trustee of the James L. Hall, Trust; Janice C. McCaffety, as Trustee of the Janice C. McCaffety Trust; and Grace E. Scelsi, as Trustee of the Grace E. Scelsi Trust, (collectively, the "Petitioner"), requesting that the City create the "Reserves of Huntsville Public Improvement District" (the "District") to include
property owned by the Petitioner.
Time and Place of the Hearing. The public hearing will start at 6:00 p.m. on March 1, 2022, in the City of Huntsville City Council Chambers, 1212 Avenue M, Huntsville, Texas 77340. In the event that the City Council will be unable to meet at the City of Huntsville Council Chambers on the date set
forth above, the City will post on its website, www.huntsvilletx.gov, information for persons to attend
the meeting by telephone, teleconference or other electronic means.
General Nature of the Proposed Authorized Improvements. The general nature of the proposed public improvements (collectively, the "Authorized Improvements") may include: (i) design,
construction and other allowed costs related to street and roadway improvements, including related sidewalks, drainage, utility relocation, signalization, landscaping, lighting, signage, off-street parking and right-of-way; (ii) design, construction and other allowed costs related to improvement of parks and open space, together with any ancillary structures, features or amenities such as trails, playgrounds,
walkways, lighting and any similar items located therein; (iii) design, construction and other allowed costs related to sidewalks and landscaping and hardscaping, fountains, lighting and signage; (iv) design, construction and other allowed costs related to gas, water, wastewater and drainage (including detention) improvements and facilities; (v) design, construction and other allowed costs related to
projects similar to those listed in subsections (i) - (iv) above authorized by the Act, including similar off-site projects that provide a benefit to the property within the District; (vi) special supplemental services for improvement and promotion of the district; (vii) payment of costs associated with operating and maintaining the public improvements listed in subparagraphs (i) - (v) above; and (viii) payment of
costs associated with developing and financing the public improvements listed in subparagraphs (i) -(v) above, and costs of establishing, administering and operating the District. These Authorized Improvements shall promote the interests of the City and confer a special benefit upon the Property.
Estimated Cost of the Authorized Improvements. The estimated cost to design, acquire, and
construct the Authorized Improvements, together with bond issuance costs, eligible legal and financial fees, eligible credit enhancement costs and eligible costs incurred in the establishment administration and operation of the District, is not to exceed Six Million Five Hundred Thousand Dollars ($6,500,000.00).
Proposed District Boundaries. The District is proposed to include approximately 33.22 acres ofland
generally located adjacent to the south right-of-way of Texas State Highway 30, approximately two (2) miles west of the intersection oflnterstate 45 and Texas State Highway 30, wholly within the corporate 9 17867.1/4888-1 I 86-5866.vl
Item/Subject: Consider approval of Resolution 2022-3 in support of an application for housing tax
credits and/or HOME/TCAP funding, to the Texas Department of Housing and Community Affairs for
FishPond Living at Walker, LP, a senior rental housing development proposed to be located at
approximately 935 SH 190 E.
Initiating Department/Presenter: Development Services
Presenter: Kevin Byal – Director of Development Services
Recommended Motion: Move to approve Resolution 2022-3 in support of an application, for housing
tax credits and/or HOME/TCAP funding, to the Texas Department of Housing and Community Affairs
for FishPond Living at Walker, LP, a senior rental housing development proposed to be located at
approximately 935 SH 190 E.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: FishPond Living at Walker, LP is proposing to construct a second senior living, age 55+,
rental facility called FishPond Living at Walker that will be located at approximately 935 State Highway
190 E., just east of State Highway 19. The project is not tax-exempt and will be subject to the same
property assessment as all other multi-family projects.
The facility will be 1 story cottage style apartments with a mix of one- and two-bedroom units. The
project will contain approximately 48 apartment units. The finished site will provide amenities to the
residence such as a club house and support services tailored to the resident’s needs.
FishPond Living at Walker, LP intends to make application to the Texas Department of Housing and
Community Affairs (TDHCA) Housing Tax Credit (HTC) Program. The program is one of the primary
means of directing private capital toward the development and preservation of affordable rental
housing for low-income households. Tax credits are awarded to eligible participants to offset a portion
of their federal tax liability in exchange for the production or preservation of affordable rental housing.
More specifically, the application to TDHCA will be for the 9% Housing Tax Credit round, which is highly
competitive and awarded based on a Regional Allocation Formula (RAF) with additional set asides for
developments at risk of losing affordability and subsidy, developments financed through USDA, and
those with nonprofit owners.
TDHCA awards points to applications that meet a myriad of criteria. Two criteria that are relative to this
resolution are the Governing Body of the municipality supporting the development and the second
being the Governing Body’s commitment to reduce development fees by no less than $250.
Previous Council Action: None
2/1/2022
Agenda Item: 2c
CITY COUNCIL AGENDA
Agenda Item # 2a
Financial Implications: ☒ Item is not budgeted: Waiver of $250 in permit fees ☒ Item is estimated to generate additional revenue: The City will receive permit fees, property taxes
and utility revenue from the finished project.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Resolution No. 2022-3
• Developers PowerPoint presentation of proposed development.
RESOLUTION NO. 2022-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TX, IN
SUPPORT OF AN AFFORDABLE SENIOR RENTAL HOUSING DEVELOPMENT TO BE KNOWN AS FISH POND AT WALKER, AND IN SUPPORT OF AN APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE 2022 COMPETITIVE 9% HOUSING TAX CREDITS FOR FISH POND AT WALKER, A DEVELOPMENT TO BE LOCATED AT APPROXIMATELY 935 STATE HIGHWAY 190,
HUNTSVILLE, TX , BETTER DESCRIBED AS PROPERTY I.D. 16961 ON THE WALKER COUNTY APPRAISAL DISTRICT, BEING A TRACT OR PARCEL OF LAND CONTAINING APPROXIMATELY 7.83 ACRES OF LAND, THE APPLICANT BEING FISH POND AT WALKER, LP; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO
THE CITY’S SUPPORT OF THIS DEVELOPMENT
WHEREAS Fish Pond at Walker, LP (the “Applicant”) has proposed a development for affordable
senior rental housing named Fish Pond at Walker in the City of Huntsville, Texas, located
at approximately 935 State Highway 190 E., just east of State Highway 19, Huntsville,
Texas, better described as property ID 16961 on the Walker County Appraisal District,
being a tract or parcel of land containing approximately 7.83 acers of land;
WHEREAS there is a need for affordable senior housing in the City of Huntsville Texas;
WHEREAS the applicant has advised that it intends to submit an application to the Texas Department
of Housing and Community Affairs for 2022 Competitive 9% Housing Tax Credits for Fish
Pond at Walker;
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas that:
Section 1 The City of Huntsville, acting through its governing body, hereby confirms that it supports
the proposed Fish Pond at Walker, located at approximately 935 State Highway 190 E.,
Huntsville, Texas, 77320 and that this formal action has been taken to put on record the
opinion expressed by the City of Huntsville on February 1, 2022.
Section 2 The City of Huntsville, acting through its governing body, hereby approves and authorizes
a commitment of development funding to Fish Pond at Huntsville in the amount of $250
in the form of reduced fees.
Section 3 The City Manager is designated as the City’s Chief Executive Officer and Authorized
Representative to act in all matters in connection with this Resolution.
PASSED AND APPROVED this 1st day of February 2022.
THE CITY OF HUNTSVILLE
_____________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
FISHPOND DEVELOPMENT
1
DEVELOPMENT TEAM & EXPERIENCE
Our team has the cross industry experience of…
▪30+ years in Real Estate Development
▪15+ years in Tax Credit Compliance
▪20+ years in Tax Credit Property Management
▪15+ years in Real Estate Underwriting
2
DEVELOPMENT TEAM & EXPERIENCE
FISHPOND DEVELOPMENT’s mission is to invest in and develop quality affordable
and workforce housing which provides a safe and comfortable living environment
allowing residents to spend their resources on progressing, not on housing. Their
new construction projects focus on efficient architectural design balancing high
quality, durable finishes, energy efficiency, and relevant amenities while keeping
operational and development costs in check.
3
fishpondliving.com
DEVELOPMENT TEAM & EXPERIENCE
HOUSING LAB by BETCO is a full service housing development consulting firm,
established in 2011. The firm specializes in securing funding for the development of
affordable housing via programs including:Housing Tax Credits (9% and 4%),
HOME and other public funds. We also provide financial analysis and compliance
services.
4
www.betcohousinglab.com
DEVELOPMENT TEAM & EXPERIENCE
GVA PROPERTY MANAGEMENT is based in Austin, Texas. GVA is a full -service
multi -family property management company with over 10,000 units under
management in Texas. They will provide an on -site manager and maintenance
supervisor along with regional staff for oversite. Residents will be screened
thoroughly via various checks that include credit, criminal, rental history and
income.
5
https://www.gvamgt.com/
DEVELOPMENT TEAM & EXPERIENCE
FISHPOND DEVELOPMENT and its affiliates own and operate multiple properties
across several markets. Below is a sample of a few recent acquisitions and
developments:
-Eagle Villas –Eagle, CO (120 units LIHTC)
-17th Street Apartments –Springfield, TN (96 units LIHTC)
-Meadowbrook Apartments –Madison, TN (88 units LIHTC)
-Northgate Hills Apartments –Austin, TX (416 units market)
-Apple Creek Apartments –Georgetown, TX (176 units market)
-Dryfield Apartments –Austin, TX (20 units market)
-Delwood Station –Austin, TX (76 units market)
-FishPond at Cuero –Cuero, TX (48 units –44 LIHTC, 4 market)
-FishPond at Portland –Portland, TX (60 units –54 LIHTC, 6 market)
-FishPond at Huntsville –Huntsville, TX (48 units –48 LIHTC)
-FishPond at Corpus Christi –Corpus Christi, TX (112 units –111 LIHTC)
-FishPond at Alice –Alice, TX (69 units –67 LIHTC, 2 market)
6
FISHPOND AT CUERO
7
1219 TX-72 West, Cuero, TX 77954
FISHPOND AT PORTLAND
8
1800 Akins Dr, Portland, TX 78374
FISHPOND AT HUNTSVILLE
(Under Construction)
9
176 FM 247, Huntsville, TX 77320
FISHPOND AT CORPUS CHRISTI
(Under Construction)
10
1005 6th St, Corpus Christi, TX 78404
FISHPOND AT ALICE
(Pre -Development)
11
300 E 3rd St, Alice, TX 78332
Provide affordable, high -quality apartment community
Supportive services tailored to residents needs
BENEFITS TO RESIDENTS
Example Clubhouse
Eagle Villas Apartments -Community Center & Clubhouse
12
Created through Tax Act of 1986 to incentivize the private
market to invest in and develop affordable housing
Tax Credit is realized by the Investor and Equity
contribution is used to reduce debt
Reduction in debt requires lower operating income thus
allowing for lower rents
Regulated by the Internal Revenue Service
Administered by the Texas Department of Housing and
Community Affairs (TDHCA) through a Qualified
Allocation Plan (QAP)
Competitive application process includes scoring items
such as support from local government
AFFORDABLE HOUSING TAX CREDIT PROGRAM
13
REQUIRED SUPPORT
City Resolution of Support
City Resolution of Funding Commitment
If located in ETJ, County Resolution of Support
Letter of support from State Representative
We will also speak with local community
organizations to request letters of support
14
15
January 7, 2022 –Deadline to submit pre -applications to TDHCA
March 1, 2022 –Deadline to submit application to TDHCA including:
-Resolution of Support from City
-Community Participation documentation
-Third Party Reports
-Support Letter from State Representative
July 31, 2022 –Final awards approved by TDHCA
Oct to Dec 2022 –Closing
GENERAL TIMELINE
CONTACT US
Lora Myrick
Lora@betcohousinglab.com
512.785.3710
Juli Gonzalez
Juli@betcohousinglab.com
830.734.8330
16
David Fournier
dfournier@fishpondliving.com
512.970.3889
Lisa Vecchietti
lvecchietti@fishpondliving.com
512.627.8062
17
Jason Alaniz
Economic Development Manager
Corpus Christi, TX
jason@cctexasdmd.com
615.828.4092
Brian Delatte
Assistant City Manager
Portland, TX
brian.delatte@portlandtx.com
361.777.4516
Michael Esparza
City Manager
Alice, TX
michael.esparza@cityofalice.com
361.668.7210
REFERENCES
Item/Subject: FIRST READING - Consider adopting Ordinance No. 2022-6 amending Article I of
Chapter 8 “Animals and Fowl” of the City Code of Ordinances by adding Section 8-12 prohibiting certain
exchanges of animals in various outdoor places.
Initiating Department/Presenter: Public Safety
Presenter: Kevin Lunsford, Chief of Police
Recommended Motion: Move to adopt Ordinance No. 2022-6 amending Article I of Chapter 8 “Animals
and Fowl” of the City Code of Ordinances by adding Section 8-12 prohibiting certain exchanges of
animals in various outdoor places. First Reading.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: Frequently, people set up in the right-of way or in the parking lots of local businesses to
sell, trade, or give away animals. The City, as part of its police powers authorized as a home-rule
community, may adopt an ordinance prohibiting this practice. Many cities in Texas have adopted
ordinances prohibiting this practice. Staff has prepared an amendment to our current ordinance that
makes it unlawful to sell, trade, barter, lease, rent, or give away, any animal on any roadside, public
right of way, commercial parking lot, garage sale, flee market festival, park, community center or
outdoor public place. Additionally, it prohibits any manager, operator, or property owner from allowing
this conduct. Exemptions are in place for pet stores and animal shelters.
Previous Council Action: During the January 4, 2022 Council meeting, Council voted to authorize staff
to prepare an ordinance regulating the outdoor sale of animals.
Financial Implications: ☒There is no financial impact associated with this item.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
•Ordinance – 2022-6, pages 2-3
•Exhibit A – Proposed amendment to ordinance, page 4
2/1/19 Agenda
Item: 2d
CITY COUNCIL AGENDA
ORDINANCE NO. 2022-6
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF ORDINANCES, SPECIFICALLY CHAPTER 8 “ANIMALS AND FOWL”; PROVIDING FOR A PENALTY; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Huntsville Code of Ordinances, Chapter 8 “ANIMALS AND FOWL” provides for the regulation of animals and fowl for the health, safety and public welfare of the City’s residents:
WHEREAS, the City of Huntsville, as a home rule city may regulate this activity pursuant to its
broad powers of self-government; and
WHEREAS, City Council finds it necessary to amend its existing regulations of these activities to protect the health and public safety; now therefore
WHEREAS, the City Council of the City of Huntsville, Texas now wishes to amend Chapter 8 to help promote the health, safety and welfare of its residents;
WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting the same at the place reserved and designated for notices of public meetings and public activities
and prior to the adoption of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 8 “ANIMALS AND FOWL”, Article I “In General”, is hereby amended by adding Section 8-12, all of which shall read as shown on the
attached Exhibit “A”.
SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same 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 paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional.
SECTION 5: This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Article 4.14 of the Charter of the City of Huntsville, Texas.
First Reading Date: __________________
PASSED AND APPROVED on the Second Reading on this the ____th day of ____________ 2022.
THE CITY OF HUNTSVILLE
___________________________________ Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________ Kristy Doll, City Secretary Leonard Schneider, City Attorney
EXHIBIT A
CHAPTER 8 – ANIMALS AND FOWL
Article I. – In general
Sec. 8-12. - Prohibiting certain exchanges of animals in various outdoor public places.
(a)It shall be unlawful for any person to sell, trade, barter, lease, rent, or give away, any animal on
any roadside, public right-of-way, commercial parking lot, garage sale, flea market, festival, park,
community center or outdoor public place.
(b)It shall be unlawful for any manager, operator, or property owner to allow the conduct
described in subsection (a).
(c)This section shall not apply to City owned animal facilities, properly licensed pet stores, or to tax
exempt non-profit organizations founded for the purpose of providing humane sanctuary or
shelter for abandoned or unwanted animals.
(d)This section does not apply to an event primarily for the sale of agricultural livestock
such as hoofed animals or animals or fowl commonly raised for food, dairy, or fiber
products
(e)Any violations of this Section is subject to the Penalty in section 8.11.
Secs. 8-13—8-34. - Reserved.