City Council Meeting Agenda Packet 3-1-20221
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, MARCH 1, 2022
WORKSHOP 5:30 P.M. – Large Conference Room
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.
WORKSHOP [5:30 p.m.]
Presentation on City Hall Conceptual Design
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.
PROCLAMATION
a.Proclamation - Mance Park Middle School 8th Grade Girls Basketball Team for their
outstanding performanceb.Proclamation - Huntsville High School Girls Basketball Team for their outstandingperformance
PUBLIC HEARING Public hearing to hear testimony in regard to the creation of a Public Improvement District (PID) 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]
1.CONSENT AGENDAThe 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.)
2
a.Consider approving the minutes of the regular City Council meeting held on February 1, 2022.
[Kristy Doll, City Secretary]
b.Consider adoption of Ordinance 2022-9 to amend the budget for FY 21-22 and/or CIP Projectbudgets. [Steve Ritter, Finance Director]
c.Consider authorizing the City Manager to abandon certain easements by participation in theacknowledgement/approval of a Plat of Wischnewsky Chrysler Dodge Jeep and Ram. [Dr.Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM, City Engineer]
d.Consider authorizing the City Manager to execute an Interlocal Agreement for the Improvement
and Lease of a Parking Area. [Tammy Gann, Director of Economic Development/SpecialProjects]
e.SECOND READING: Consider Adoption of Ordinance No. 2022-07 declining to approve the
change in rate request in Entergy Texas, Inc. State of Intent and Application for Approval of Two
Voluntary Renewable Option Tariffs filed with the City on January 31, 2022. [LeonardSchneider, City Attorney]
2.STATUTORY AGENDA
a.Consider authorizing the City Manager to enter into a Development Agreement with East LoopInvestments, LLC., for the development of an approximately 350-acre development for a single-family master planned community. [Kevin Byal, Director of Development Services]
b.Consider Resolution 2022-13, setting the date for a public hearing to initiate the creation of a
Public Improvement District (PID) to be known as the “Villages of Magnolia Farms and WestinMeadows Public Improvement District” within the City of Huntsville, Texas Extra-TerritorialJurisdiction (ETJ) on property located in the 350 FM 1791 North. [Kevin Byal, Director ofDevelopment Services]
c.FIRST READING: Consider authorizing the City Manager to execute Change Order Number 2for IH-45 Segment 2A Widening and Utility Relocation with Betterment Project (Water Fund701, Wastewater Fund 702) – Project 18-03-01. [Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE,CFM, City Engineer]
d.FIRST READING: Consider authorizing the City Manager to award the construction contractfor Water’s Edge Lift Station Force Main Replacement and Sanitary Sewer Replacement Project.Project No. 20-10-04 and 21-10-04. [Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM, CityEngineer]
e.Consider the use of eminent domain to condemn property and discussion, and possible action toapprove Resolution 2022-09 to initiate condemnation under Chapter 21 of the Texas PropertyCode for an easement to lay a sanitary sewer line generally located approximately 1.5 miles northof City Hall along the west side of Town Branch, across a property more particularly described
as: 1) an easement property being a strip of land, forty (40) feet in width, containing 0.365 acre
of land, more or less, situated in the WILEY PARKER LEAGUE, Abstract No. 37, WalkerCounty, Texas, and being out of and upon a called 22.70 acre tract described in a Deed from Peak
3
Interests Management, Corp. to Peak Interest, Inc., recorded as Instrument Number 53538,
Official Public Records of Walker County, Texas. [Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM, City Engineer] [Requires a record vote].
f.Consider the use of eminent domain to condemn property and discussion, and possible action to
approve Resolution 2022-10 to initiate condemnation under Chapter 21 of the Texas Property
Code for an easement to lay a sanitary sewer line generally located approximately 3.5 miles northnortheast of City Hall along the east side of Parker Creek, across a property more particularlydescribed as: 1) an easement property being a strip of land, forty (40) feet in width, containing3.523 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36
and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of
and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason FamilyPartnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006,recorded in Volume 753, page 201, Official Public Records of Walker County, Texas. 2) aneasement property being a strip of land, twenty (20) feet in width, containing 0.778 acre of land,
more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY
PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. toEdwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753,page 201, Official Public Records of Walker County, Texas. [Dr. Kathlie S. Jeng-Bulloch, P.E.,
D.WRE, CFM, City Engineer] [Requires a record vote]
g.Consider the use of eminent domain to condemn property and discussion, and possible action toapprove Resolution 2022-11 to initiate condemnation under Chapter 21 of the Texas PropertyCode for an easement to lay a sanitary sewer line generally located approximately 3.9 miles north
northeast of City Hall along the southeast side of Parker Creek, across a property more
particularly described as: 1) an easement property being a strip of land, forty (40) feet in width,containing 2.222 acres of land, more or less, situated in the JESSE PARKER LEAGUE, AbstractNo. 36, Walker County, Texas, and being out of and upon a called 204.00 acre tract described ina Deed from Raymond Blalock, II to John Joseph Peet and Kimberly Layne Peet, dated March
8, 2019, recorded as Instrument Number 45569, Official Public Records of Walker County,
Texas. [Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM, City Engineer] [Requires a recordvote]
h.Consider the use of eminent domain to condemn property and discussion, and possible action to
approve Resolution 2022-12 to initiate condemnation under Chapter 21 of the Texas Property
Code for an easement to lay a sanitary sewer line generally located approximately 4 milesnortheast of City Hall along the south side of Parker Creek, across a property more particularlydescribed as: 1) an easement property being a strip of land, forty (40) feet in width, containing1.881 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36,
Walker County, Texas, and being out of and upon TR.-1 92.96 AC. according to a Plat of Calvin
M. Ellisor Property Tracts 1 & 2 recorded in Volume 4, page 4, Plat Records of Walker County,Texas, said Tract 1 (92.96 acres) conveyed in a Deed from Calvin M. Ellisor and wife, IreneEllisor to Jerry Ellisor and Byron Ellisor, dated February 15, 2007, recorded in Volume 794, page462, Official Public Records of Walker County, Texas. [Dr. Kathlie S. Jeng-Bulloch, P.E.,
D.WRE, CFM, City Engineer] [Requires a record vote]
3.CITY COUNCIL/MAYOR/CITY MANAGER
4
4.REQUESTS FOR CITIZEN PARTICIPATION(An opportunity for citizens to be heard on any topic and for the City Council to participate in thediscussion. No action will be taken.)
None
5.MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
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.)
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 TexasGovernment 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 regardingeconomic development negotiation; Sec. 551.089 - deliberation regarding security devices or security audits; and/or other
matters as authorized under the Texas Government Code. If a Closed or Executive session is held in accordance with theTexas Government Code as set out above, the City Council will reconvene in Open Session to take action, if necessary, on
the items addressed during Executive Session.
CERTIFICATE I, Kristy Doll, City Secretary, do hereby certify that the above notice was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to
the City’s website, www.HuntsvilleTX.gov, in compliance with Chapter 551, Texas Government Code.
Kristy Doll
Kristy Doll, City Secretary
DATE OF POSTING: February 25, 2022
TIME OF POSTING: 10:00 a.m.
TAKEN DOWN:
Item/Subject: Public hearing to hear testimony in regard to the creation of a Public Improvement
District (PID) 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: None. This item is to hear testimony for the public hearing for the creation of
the Reserves of Huntsville Public Improvement District (PID) 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). At the February
1, 2022, Council meeting, City Council passed Resolution 2022-05, setting the date of the required
public hearing for the proposed Reserves of Huntsville Public Improvement District.
Following the public hearing, at a future date, Council will consider the approval of separate resolutions
that will authorize the City Manager to enter into a development agreement and create the Public
Improvement District.
Previous Council Action: At the February 1, 2022, Council meeting, Council voted 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 with the corporate limits of the City
of Huntsville, Texas.
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:
•Legal Ad – Published on Saturday/Sunday, February 12-13, 2022 Huntsville Item
3/1/22 Agenda Item:
CITY COUNCIL AGENDA
Page 1 of 4
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 1st DAY OF FEBRUARY 2022, IN THE CITY HALL, LOCATED AT 1212 AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00 P.M.
The Council met in a workshop and regular session with the following: COUNCILMEMBERS PRESENT: Daiquiri Beebe, Russell Humphrey, Vicki McKenzie, Dee Howard Mullins, Jon Strong, Andy Brauninger, Pat Graham, Deloris Massey COUNCILMEMBERS ABSENT: Bert Lyle, OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City Attorney
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 Massey gave the invocation and Mayor Brauninger led the pledges.
1.CONSENT AGENDAPublic Comments will be called for by the presiding officer before action is taken on these items. (Approvalof Consent Agenda authorizes the City Manager to implement each item in accordance with staffrecommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda forfull 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 Projectbudgets. [Steve Ritter, Finance Director]d.Consider authorizing the City Manager to award a contract to Neil Technical Services forremoval and replacement of the Robinson Creek Wastewater Treatment Plant Influent/ReturnWeir 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 treatmentthroughout 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 Programfor $25,200.00 and adopting Resolution 2022-6. [Kristie R. Hadnot, Grants Manager]g.Consider authorizing the City Manager to apply for the 2022 State Homeland Security – RegularProject 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 ServiceCoordinator Grant for $83,784.22, plus $20,946.06 City match, and adopting Resolution 2022-8.[Kristie R. Hadnot, Grants Manager]
Council requested items c, f, and g, moved from the Consent Agenda to the Statutory Agenda
Councilmember Beebe made a motion to approve the consent agenda; items a,b,d,e, and h the motion was
seconded by Councilmember Graham. The motion was adopted, 8-0.
Page 2 of 4
2.STATUTORY AGENDAItems 1c, 1f and 1g were moved from Consent agenda to the statutory agenda for discussion by requestof City Council.
1c. Consider adoption of Ordinance 2022-4 to amend the budget for FY 21-22 and/or CIPProject budgets. [Steve Ritter, Finance Director]
Councilmember Humphrey made motion to adopt Ordinance 2022-4 to amend the budget for FY 21-22 and/or CIP Project budgets. The motion was seconded by Councilmember McKenzie. Councilmember Beebe voted against the motion. The motion was adopted, 7-1. .
1f. 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]
Councilmember Humphrey made motion to amend Resolution 2022-6 and replace the wording in Section 2 with the application will be for $160,000 to furnish the Huntsville Police Department with a cloud base
digital evidence management system. The motion was seconded by Councilmember Graham. The motion was adopted, 8-0.
1g. 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]
Councilmember Humphrey made a motion to amend the Resolution 2022-07 and replace the wording in Section 2 with the application will be $25,200.00 to furnish the Huntsville Police Department with 20 Mobile Fingerprint Modules. The motion was seconded by Councilmember Graham. The motion was adopted, 8-0.
Councilmember McKenzie made a motion to authorize the City Manager to apply for the 2022 State Homeland Security – Regular Project Program Grant for $25,200.00 and adopt Resolution 2022-07. The motion was seconded by Councilmember Howard Mullins. The motion was adopted, 8-0.
a.Consider adopting Ordinance 2022-5 - the “Second Supplemental Ordinance to the MasterOrdinance Establishing the City of Huntsville, Texas Utility System Revenue Financing Program”to issue the Series 2022 Water and Wastewater System Revenue Bonds. [Steve Ritter, FinanceDirector]
Representatives from Hilltop Securities Lloyd London and Joe Morrow gave a presentation. ClaytonChandler from McCall, Parkhurst and Horton, the bond attorney, also attended for questions.
Councilmember Beebe made motion to adopt Ordinance 2022-5 the “Second Supplemental Ordinance tothe Master Ordinance Establishing the City of Huntsville, Texas Utility System Revenue FinancingProgram” to issue the Series 2022 Water and Wastewater System Revenue Bonds. The motion wasseconded by Councilmember Massey. The motion was adopted, 8-0.
b.Consider approving Resolution No. 2022-5 setting the date for a public hearing to initiate thecreation of a Public Improvement District to be known as the “Reserves of Huntsville PublicImprovement District” inside the corporate limits of the City of Huntsville, Texas on propertylocated in the 3400 block of State Highway 30 west. [Kevin Byal, Director of Development Services]
Councilmember Beebe moved 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
Page 3 of 4
Improvement District within the corporate limits of the City of Huntsville, Texas.. The motion was seconded by Councilmember McKenzie. The motion was adopted, 8-0
c.Consider support of an application for housing tax credits and/or HOME/TCAP funding, to theTexas Department of Housing and Community Affairs for FishPond Living at Walker, LP, a seniorrental housing development proposed to be located at approximately 935 SH 190 E. [Kevin Byal,Director of Development Services]
Councilmember Beebe made a motion to approve Resolution 2022-3 in support of an application, forhousing tax credits and/or HOME/TCAP funding, to the Texas Department of Housing and CommunityAffairs for FishPond Living at Walker, LP, a senior rental housing development proposed to be locatedat approximately 935 SH 190 E. The motion was seconded by Councilmember Howard Mullins. Themotion was adopted, 8-0
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 certainexchanges of animals in various outdoor places. [Kevin Lunsford, Chief of Police]
First Reading - No action taken.
3.REQUESTS FOR CITIZEN PARTICIPATIONAn opportunity for citizens to be heard on any topic and for the City Council to participate in thediscussion. No action will be taken.
Joey Branham – Elkins Lake drainage and flooding preventionMitch Reed - Drainage issue in Elkins Lake neighborhoodNida Pickens - Drainage issue in Elkins Lake
4.MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
None
5.ITEMS OF COMMUNITY INTEREST(Hear announcements concerning items of community interest from the Mayor, Councilmembers, andCity staff, for which no action will be discussed or taken.)
Mayor Brauninger - The Huntsville Public Library & Walker County Genealogical Society will host itsannual Genealogy Winter Lock-In from 12:30 p.m. – 6:00 p.m. on Sunday, February 20 at Huntsville PublicLibrary.
Mayor Brauninger - KidsScape offers the opportunity to broaden interests, develop skill sets, and build newfriendships. KidScape will meet every Thursday at 12:00 p.m. in the Staggs Community Room.
Councilmember Humphrey - Want to get more comfortable with computers or update your skills? If so,then register for our Free Basic Computer Classes held at the Huntsville Public Library.
Councilmember Mullins – Piney Woods Page Turners Book Club meets at the Huntsville Public Library.
Thursday February 10, 2022.
Councilmember Massey – Come to Story Time, a fun early literacy program for kids six and under.
Tuesday, Wednesday, and Friday sessions all share a theme with something new and exciting each week.Story Time is held Tuesdays at 5:30 p.m., and Wednesdays and Fridays at 10:45 a.m. in the Staggs
Page 4 of 4
Community Room.
Councilmember Strong - The annual Kiwanis Pancake Supper Fundraiser is returning to the Huntsville Public Library! Join us from 5 to 7 p.m. on Friday, February 18 in the Staggs Community Room for the timeless favorite of all-you-can-eat Pancakes. -
Councilmember Graham - Spring is around the corner and that means it’s time to think about what to plant in this year’s garden. Join the Walker County Master Gardeners from 10:30 a.m. to 12:00 p.m. on Monday, February 21 in Huntsville Public Library’s Staggs Community Room.
Councilmember Beebe - Information regarding available insurance plans for those eligible for Medicare can quickly become overwhelming. Huntsville Public Library will host an informational session at 11:00 a.m. on Tuesday, February 11th in the Nash Board Room.
Councilmember McKenzie - Baptized a Texan is happening on March 2nd! This is an annual event where people who were not born in Texas can register to be “Baptized a Texan” and will be officially recognized
as one. “Texas Independence Day and General Sam Houston’s Birthday” celebration that the Historical Commission puts together.
Councilmember McKenzie – Josey Lodge Chili cookoff Saturday.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 7:09 p.m.
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________ Kristy Doll, City Secretary Andy Brauninger, Mayor
Page 1
Item/Subject: Consider adoption of Ordinance 2022-9 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 2022-9 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 explanations for the Budget Amendments are provided in the attachment, Exhibit
A, to the Ordinance. The Budget Amendment for the Victims Services (Police Department) forensic
camera was discussed with the Finance Committee at their February 15th meeting. The budget
amendment for the CIP projects relates to an agenda item for this evening’s March 1, 2022, Council
meeting for Council to consider approving entering into a contract for construction services for the
“Waters Edge lift station and force main” and the “Evergreen Dr. 6” line replacement; 2 wastewater
construction projects.
Previous Council Action: None.
Financial Implications:
☒See the attached Ordinance and related Budget Amendments (Exhibit A)
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
•Ordinance 2022-9, page 2
•Exhibit A (list of budget amendments), pages 3 - 4
3/1/2022 Agenda Item: 01b
CITY COUNCIL AGENDA
Page 2
ORDINANCE NO. 2022-9 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 March 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
March 1, 2022
Exhibit A Increase:General Fund -Grant Revenues 4,498$
Increase:General Fund -Victim Services -Non Capital Equipment 4,498$
Explanation:
The Police Department's Victim Services area has been awarded a grant for the purchase of
a forensic camera in the amount of $4,498. Approval of this budget amendment puts the
money into the departments account to make the desired purchase. The cost of this
equipment is reimbursable by a grant under Contract # 2463208 thru the Governor's Office
-Department of Criminal Justice.
Increase:Waters Edge Lift Station Force Main replace CIP 82,737$
Increase:Evergreen Dr. WW 6" line replace CIP 93,300$
Decrease Unallocated - Wastewater CIP 176,037$
Explanation:
The Waters Edge Lift Station Force Main replacement CIP project and the Evergreen Dr.
WW 6" line replacement CIP project were bid together to obtain better pricing. The lowest
responsible bid came in at $474,715. Staff is recommending a contingency amount for
possible Change Orders of $55,285. Total calculated needed for construction is $530,000
($474,715 + $55,285). The current budget for construction for the Waters Edge project is
$163,890 and the current budget for construction for the Evergreen project is $190,073 for
a total of $353,963. Additional budget of $176,037 total is needed to cover the project bid
amount plus contingency. Staff is requesting the use of "Unallocated" from the
Wastewater CIP Fund. The current balance of Wastewater CIP "Unallocated" is $197,515.
After this use, if approved, the balance of Wastewater CIP "Unallocated" will be $21,478.
Item/Subject: Consider authorizing the City Manager to abandon certain easements by participation in
the acknowledgement/approval of a Plat of: Wischnewsky Chrysler Dodge Jeep and Ram.
Initiating Department/Presenter: Engineering
Presenter: Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM – City Engineer
Recommended Motion: Move to authorize the City Manager to abandon certain easements by
participation in the acknowledgement of a Plat of Wischnewsky Chrysler Dodge Jeep and Ram.
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: This agenda item is pertaining to the abandonment of certain easements by participation
in the acknowledgement of a Plat of Wischnewsky Chrysler Dodge Jeep and Ram car dealership.
The subject site is located on the west side of IH-45 and south of Parkwood Drive. This site is
approximately 15 acres and consists of nine previously platted parcels of land. These nine parcels will
be consolidated into one lot known as Wischnewsky Chrysler Dodge Jeep and Ram car dealership.
The existing City utilities within the utility easements in question serve the nine parcels mentioned
above and are no longer needed at their current location. Relocation of the existing utilities is necessary
to serve the newly designed car dealership. Engineering plans for the relocation of existing water and
sewer lines have been approved to better serve the new car dealership, and there will be no impact to
serve the properties adjacent to this site.
Once the existing City utilities are relocated, the existing utility easements will no longer be needed.
The city utilities relocated for this development will be covered by the new public utility easement
which will be dedicated by the platting process. The consolidation of parcels, dedication of new
easements and abandonment of old easements will be through the platting process, which will allow
for simultaneous dedication of new easements and abandonment of old easements. This approach
protects both the city and the developer and ensures a smooth transition in the relocation of city
utilities and dedication of necessary easements.
An Agreement to Construct Public Improvements, PD#2021-06-05, between the City and Developer,
JJW Automotive, Inc. DBA Wischnewsky Chrysler Dodge Jeep and Ram, to construct new Sanitary Sewer
and Water Systems was executed on September 30, 2021.
Previous Council Action: None.
Financial Implications: ☒There is no financial impact associated with this item.
3/1/22 Agenda Item: 01c
CITY COUNCIL AGENDA
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
•Area Map
PRIVATE 20' UE 39/468PRIVATE 15' AT&T 3/146PRIVATE 16.5' AT&T 131
/278
10
'
U
E
3
/
8
5 25' DE 3/77
10' UE 368/654
50'
U
E
&
D
E
2
/
1
8
9
10' PRIVATE SSE 24
3/
7
6
2 40' UE & AE
2/18
9
30'
U
E
&
D
E
2
/
1
8
9
10
'
U
E
2
/
1
8
9
1 0'UE2/189
0.
00
7
A
C
RO
W
7
2
6
/
391
10'
U
E
1
/
1
5
7
0.055AC RO
W
726/388
0.
0
0
7
A
C
R
O
W
7
2
6
/
3
8
8
20' UE 489/246
18' UE 3/14610' UE 5/79
40'
U
E
4
4
4
/
1
9
6
10' W
L
E
3
7
6
/
7
8
50'
S
S
E
185
/
8
5
1
10'UE2/18
9
0.
1
9
6
A
C
U
E
&
D
E
2
/
1
8
9
&
3
/
7
7
20' UE 3/77 20' DE 3/7710
'
U
E
3
/7
7
10
'
U
E
3
/7
7
20
'
D
E
3
/7
7
20
'
U
E
3
/
7
7 20' DE 3/7710' UE20' UE
115
/617
10
'
U
E
2
/
1
8
9
16' Private UE24' AE 304/ 611PRIVATE 36' EUEPRIVATE 10' EUE 3/62PRIVATE 10'
DE 3/62PVT 10' DE 3/62PVT 16' UE 3/6220' UE 3/6245' UE & DE 3/62 45' UE & DE 3/6210' WLE 423/62110' UE - 1/76 PR
10' UE 1/7610' UE 5/79
1.713AC RO
W
5
/
7
9
1.713AC RO
W
5/
7
91.907AC RO
W 462/2321.990AC RO W 3/146
10'
W
L
E
3
7
6
/
8
2
PRI
V
A
T
E
1
2
.
5
'
G
S
U
2
3
8
/
5
9
18' UE
3
/14618' UE 3/14618' UE 3/146PRIVATE 15' AT&T 3/146
10' PRIVATE SSE 243/
7
6
2 10' PRIVATE SS
E 24
3/7
62 10' PRIVATE S
S
E 243/7
62
10
'
U
E
1
2
2
7
/
7
7
4
0.4
2
8
2
A
C
T
X
D
O
T
R
OW
#
5
3
9
6
2
0.4
2
8
2
A
C
T
X
D
O
T
R
O
W
#
5
3
9
6
2
0.2
0
5
1
A
C
T
X
D
O
T
R
O
W
#
5
2
5
8
9
10' UE 1227/774PVT 16' UE 3/
6
210'UE2/189
20' UE 3/77 20' DE 3/77PRIVATE 0.018AC AE 186/242
PRIVATE 0.015AC AE 184/501
0.59AC DE 2/18930' UE & DE
2/
1
89
14002
0
0
10
090010
0
1000§¨¦45
§¨¦45
BRAZOSDRIH
4
5
N
F
E
E
D
E
R
R
D
W H
I
L
L
PAR
K
C
IRVETERANSMEMORIAL PKWYIH
4
5
N
F
E
E
D
E
R
R
D
PARKWOO
D
D
R
VETERANS MEMORIAL PKWYIH
4
5
N
F
E
E
D
E
R
R
D
CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION8010020050FEET
CREATED DATE: 2/21/2022
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 200 ft
On 8.5 x 11 inch Print
Service Layer Credits:
Wischnewsky Chrysler Dodge Jeep and RamProposed and Abandoned Easements
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See the full G IS Data Disclaimer at: www.huntsvilletx.gov/438/City-Maps
Sanitary Sewer EasementTo Be Abandoned
Utility EasementTo Be Abandoned
Utility & Access EasementTo Be Abandoned
Drainage & Utility EasementTo Be Abandoned
Drainage & Utility EasementTo Be Abandoned
Drainage EasementTo Be Abandoned
Drainage Easement(Detention)To Be Abandoned
Proposed Utiliitiy EasementSanitary Sewer Line
Proposed Utiliitiy EasementWater Line
Legend
Current Easements
Easements to be Abandoned
Proposed Easements
Item/Subject: Consider authorizing the City Manager to execute an Interlocal Agreement for the
Improvement and Lease of a Parking Area.
Initiating Department/Presenter: Economic Development & Tourism
Presenter: Tammy Gann – Director of Economic Development/Special Projects
Recommended Motion: Move to authorize the City Manager to execute an Interlocal Agreement for
the Improvement and Lease of a Parking Area in the amount of $6,000.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: Attached is a revised parking lease for the Ernst owned parking lot located on the northeast
corner of Avenue M and 12th Street. The lease is for a period of five years, with the City and County
each making a payment of $500/month. The County has already agreed to the terms of the interlocal
agreement. This interlocal agreement dates back to 2002 and has been renewed on various terms since
that time.
This parking area is currently used for customers and visitors of downtown and jurors that attend court
at the Walker County Courthouse. There is no time limit in place for this parking area and it has capacity
for 34 vehicles.
Previous Council Action. City Council previously moved to authorize the City Manager to sign the
Interlocal Agreement for the Improvement and Lease of a Parking Area on September 17, 2017.
Financial Implications: ☒Item is budgeted: 101-113-55070 In the amount of: $6,000
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
•Interlocal Agreement
•Property Owners Letter
3/1/22 Agenda Item: 01d
CITY COUNCIL AGENDA
Item/Subject: SECOND READING: Consider Adoption of Ordinance No. 2022-07 declining to approve
the change in rate request in Entergy Texas, Inc. State of Intent and Application for Approval of Two
Voluntary Renewable Option Tariffs filed with the City on January 31, 2022.
Initiating Department/Presenter: City Attorney
Presenter: Leonard Schneider – City Attorney
Recommended Motion: Move to adopt Ordinance No. 2022-07 declining to approve the change in rate
request in Entergy Texas, Inc. State of Intent and Application for Approval of Two Voluntary Renewable
Option Tariffs filed with the City on January 31, 2022. Second Reading.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: On or about January 31, 2022, Entergy Texas Inc. (“Entergy” or “Company”) filed an
application for approval of two voluntary renewable option tariffs, Riders SVRO and LVRO, with each of
the Cities in its service area and concurrently with the Public Utility Commission of Texas (“Commission”).
The Company has requested an effective date of March 28, 2022, for Riders SVRO and LVRO
Accordingly, Cities’ deadline to pass a Rate Ordinance is March 28, 2022.
Entergy is requesting approval to approval to implement two voluntary green pricing options, Riders
SVRO and LVRO. Rider SV O stands for Small Volume Renewable Option and is for customers using
up to 499,999 kilowatt-hours per month. Rider LVRO stands for Large Volume Renewable Option and
is for customers that use more than 500,000 kilowatt-hours per month. Both Riders are voluntary
offerings that give customers the ability to match some or all of their monthly electricity usage with
renewable energy credits that are purchased by ETI and retired on the customer’s behalf. The monthly
Rider SVRO charge for a residential customer using approximately 1,000 kWh per month would
range from approximately $3.83 to $10.10, depending on the level of participation they choose.
Again, the program is completely voluntary, so no customer will be charged under Riders SVRO and
LVRO unless they opt in.
In that way, up to 100% of a customer’s annual energy usage could be associated with the
production of energy from renewable resources, which, in turn, would allow a customer to state
that they are supporting the use and deployment of renewable resources and reducing Scope 2
emissions accordingly.
The Lawton Law Firm is currently reviewing the Company’s application to determine whether the
Company’s request is consistent with PURA and Commission rules.
Previous Council Action: At the February 15th Council meeting, this ordinance had a first reading. The
City for the past several years has participated in declining the change in rate request proposed by
Entergy to allow review by the Lawton Law Firm to make sure that the Company’s request is consistent
with Public Utility Regulatory Act (PURA) and Public Utility Commission rules.
3/1/22 Agenda Item: 01e
CITY COUNCIL AGENDA
Financial Implications: ☒There is no financial impact associated with this item.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
ORDINANCE NO. 2022 - 7
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, (or “City”) DECLINING TO APPROVE THE CHANGE IN RATES REQUESTED IN ENTERGY TEXAS, INC.’S (“ETI” OR “COMPANY”) STATEMENT OF INTENT FILED WITH THE CITY ON JANUARY 31, 2022 AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO
THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW.
WHEREAS, ETI filed with the City its Statement of Intent and Application for Approval of Two Voluntary Renewable Option Tariffs, Rider SVRO and Rider LVRO (“Statement of
Intent”);
WHEREAS, the City has duly noticed its consideration of the Company’s Statement of Intent and is acting within its authority under applicable law;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS
Section 1. THAT the City DECLINES to approve any and all changes in rates requested
by ETI and included in ETI’s Statement of Intent and that ETI’s proposed new rates should not
be made effective.
Section 2. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code
Chapter 551.
Section 3. This ordinance shall become effective from and after its passage.
PASSED AND APPROVED ON THE SECONG READING THIS 1ST day of March , 2022.
____________________________________ Andy Brauninger, Mayor City of Huntsville, Texas
ATTEST:
____________________________________
Kristy Doll, City Secretary
City of Huntsville, Texas
APPROVED AS TO FORM:
____________________________________ Leonard Schneider, City Attorney City of Huntsville, Texas
Item/Subject: Consider authorizing the City Manager to enter into a Development Agreement with East
Loop Investments, LLC., for the development of an approximately 350-acre development for a single-
family master planned community.
Initiating Department/Presenter: Development Services
Presenter: Kevin Byal - Director of Development Services
Recommended Motion: Move to authorize the City Manager to enter into a Development Agreement
with East Loop Investments, LLC., for the development of an approximately 350-acre development for
a single-family master planned community.
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: In September 2020, the City was approached by the owner of an approximately 731-acre
tract about the possibility of the creation of a Municipal Utility District (MUD) for approximately 360
acres of the property. They are proposing to develop the 360 acres as part of a master planned
community. The discussion with the developer included their intent to request annexation of apportion
that is located in the city’s ETJ and to seek the City’s support to create an in-city MUD through the State
legislature in the form of a bill to be filed in the 87th Legislature.
The developer subsequently gave a presentation to City Council at the January 19, 2021, council
meeting to introduce them self and their project and followed up with their request for a letter of
support for the creation of the MUD which City Council approved at the February 2, 2021, council
meeting. The MUD was introduced, moved through, and was approved during the 87th Legislative
session.
For the past several months, staff has been negotiating a development agreement with the developer
and have reached a mutual agreement concerning the content of the agreement. The purpose of this
agenda item is to authorize the City Manager to enter into a Development Agreement with East Loop
Investments, LLC., for the development of the 350 +/- acre development for a single-family master
planned community.
Previous Council Action:
•January 19, 2021, the Council received a presentation concerning the creation of a special
district for the subject property but took no action.
•February 2, 2021, the Council approved a letter of support for legislation to create Huntsville
Municipal Utility District No. 1.
Financial Implications: ☒There is no financial impact associated with this item.
3/1/22 Agenda Item: 02a
CITY COUNCIL AGENDA
Agenda Item #
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
•Vicinity Map of the Proposed 731.7-tract
•Developers Agreement
vJ MONTGOMERY RDSH 19
SH 19
FM 1374FM 1374FM 1374UV1374
UV1374
UV1374
Æÿ19 Æÿ19
§¨¦45
§¨¦45AUTUMN RD
CHERRY HILLS DRGREEN
WAYDR EASTLAKED
RBROADMOOR DRGREENTREE DRW OODLANDVALLEYDRGREENBRIARDROVERBROOKDR
E V E R G R E E N DR
RIVEROAKSDRBROOKHOLLOWDR
ROLLINGWOODDR
FAIRWAYD R
FOXBRIARDR CHE
R
RYHILLSDRRAVEN HILL DRWATERSE DG EH IL L C R E S T DR
SAGE LN
SOUTHWOODDR
WIMBLEDON DRGOLFVIEWMANORW O O D M O N T
D R
B
R
O
A
D
M
O
O
R
D
R
D U R H A M
FOXBRIAR
D
R
ELKINS DR
G R EEN TR EE
D RSTANDREWSLNCAMELLIA DRWESTGATE
WICKERSHAMDR
PEBBLEBEACHLN
G R A N IT E R O A D
I
H
4
5
S
FEEDERRD
OAK HILLS DRAZ
U
R
IT
EROAD I
NV
E
R
NESSDRHIDDENVALLEYCIRJESTER DRCHERRYHILLSDRQUAIL
HOLLOW DR
AZALEA CIR
LAURELSPRINGSDR
MEDFORD DRIRIS CIR
CHATHAM DR
DIRT RD GOLDENRODLNPINEY BOUGH DRHEAT
HL
N
HOGANLNGREEN
BRIARDR
PINE GROVE DR
EASTLAKEDR
ELLA LEEDR
GROVESHIRE DRMARIGOLDLNMAJESTIC DR
SANDYOAKSDRIH45SFEEDERR D
B U R N IN G
TR EE D R
AME
S
BURY
CT
WEST L NPOPPY LNYOUPON LNSAGE LNJANUARY LNVIOLET LNCHEVY C H A S EREDBUD LNTHORNWOODWAY
ROLLINGHILLSDRBAKERS RD
LONGBRANCH
D
R
WINTERWAY
P
Y
R
I
T
E
C
OURT GREENHILLSDRB R E N T W O O D
AUGUSTADRLAKESIDEDRPIPINGROCKDR
WHEATSTONEDRGIBBS HIGHTOWERRDBERSHIRE DR WIMBLEDONDRINWOODDR
CLUBLAKERDPINE GROVE DR
KNOB OAKS DR
THORNWOOD WAY
BENT BOUGH PK DAISY LNDARRELLWHITERD
KINGSTON DR
S
KY
OA
K
L
A
N
E
MAJESTIC DR
SERENITYLNSPRING DRATTHE18THSU M M ER LNPINE HILL RD
WILSON RD
ROBINSON CREEK RD
SUNSET LAKE RDWGREENBRIARDRAZ
A
LE
A
CIRW L A K E SHORECIRWICKERSHAMDRTIELWAY
TIELWAYA
T T
H
E18THVETERANSMEMORIALPKW Y
RobinsonCreek WWTP
N.B.DavidsonWWTP
McDonaldCreek LiftStation
LEGEND
PROPERTY OF INTERESTWATER MAIN
vJ LIFT STATIONSEWER GRAVITY MAINSEWER FORCE MAINSEWER PLANTPROPERTY LINESCITY LIMITS
EAST LOOP INVESTMENTS APPROX: 731.7 ACRES
US FORESTRY
SPRING LAKESUBDIVISION
ELKINS LAKESUBDIVISION
TEXAS GRAND RANCHSUBDIVISION
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTSVILLE, TEXAS, AND EAST LOOP INVESTMENTS, L.L.C.
This Development Agreement (the “Agreement”) is made and entered into on ___________________, 2022 (the “Effective Date”), by and among THE CITY OF HUNTSVILLE, TEXAS, a home rule municipality located in Walker County, Texas (the “City”) and EAST LOOP INVESTMENTS, L.L.C., a Texas limited liability company (the “Developer”)
The City and the Developer shall be individually referred to herein as a “Party” and collectively
as the “Parties.”
RECITALS
The City is a home rule city and municipal corporation that provides a full-range of
governmental services to its citizens.
The Developer is the owner of approximately 350.0 acres of land (the “Tract”), more
particularly described in Exhibit A, a portion of which is located within the City’s corporate boundaries, and a portion of which (the “Annexation Tract”) is located in the City’s extraterritorial jurisdiction (“ETJ”) in Walker County, Texas (the “County”).
The Developer desires to develop a single-family master planned community on the Tract; however, the Developer represents that the feasibility of the development of the Tract requires that the City consent to the annexation into the City’s corporate limits of the Annexation Tract and the
creation of certain entities that will enable the financing of the various water, sewer, drainage and
road infrastructure that will serve the Tract. The City desires to annex the Annexation Tract into the City’s corporate boundaries and work with the Developer and the District (as defined in Section 1.01).
The City and the Developer agree that the development of the Tract and the design, construction, and installation of the public infrastructure necessary to provide water and
wastewater services can best proceed pursuant to a development agreement.
It is the intent of this Agreement to establish certain restrictions and commitments imposed
and made in connection with the development of the Tract. The City and the Developer are proceeding in reliance on the enforceability of this Agreement. AGREEMENT
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and conditions contained herein, and other good and valuable consideration, the City and the Developer agree as follows:
2
ARTICLE I DEFINITIONS
Section 1.01 Terms. Unless the context requires otherwise, and in addition to the terms defined above, the following terms and phrases used in this Agreement shall have the meanings set out below:
Annexation Petition means the Petition for Consent to Annex Land into Corporate Limits of City of Huntsville, Texas requesting the City’s consent to the annexation of the Annexation Tract into the corporate limits of the City.
City means the City of Huntsville, Texas.
City Council means the City Council of the City or any successor governing body.
Commission means the Texas Commission on Environmental Quality and its successors.
Developer means East Loop Investments, L.L.C., a Texas limited liability company, or its
successors or assigns.
Development Plan means the plan for the proposed development of the Tract, a copy of
which is attached to this Agreement as Exhibit B, as it may be revised from time to time in
accordance with the terms of this Agreement and with City approval of any material change.
Development Code means the City’s ordinances regulating the development of subdivisions, including any design criteria. District means the proposed Huntsville Municipal Utility District No. 1, created by Chapter 7935A of the Texas Special District Local Laws Code , enrolled as House Bill 4658, 87th Session,
Texas Legislature, over the boundaries of the Tract.
District Petition means the Petition for Consent to Creation of Huntsville Municipal Utility
District No. 1, signed by the owner and any applicable contract purchasers of the property comprising the Tract, requesting the City’s consent to the creation of a municipal utility district over the boundaries of the Tract.
HOA means the homeowners association(s) for the homes within the Tract.
Person means any individual, partnership, association, firm, trust, estate, public or private corporation, or any other legal entity whatsoever.
Tract means all of the land described in the attached Exhibit A, as well as property that may hereafter be annexed by the District with the City’s consent.
Ultimate Consumer means the purchaser of a lot within the Tract who does not intend to resell, subdivide, or develop the lot in the ordinary course of business.
3
Section 1.02 Exhibits. The following exhibits are attached to this Agreement as though fully incorporated herein:
Exhibit A The Tract Exhibit B Development Plan Exhibit C Annexation Petition Exhibit D City Consent
Exhibit E City’s Consent Conditions
Exhibit F City Development Code ARTICLE II ANNEXATION AND MUNICIPAL UTILITY DISTRICT
Section 2.01 Introduction. The feasibility of the development of the Tract by Developer is dependent on certain actions being taken by Developer and the City. For the purposes hereafter set forth, the Annexation Tract must be annexed into the City’s corporate boundaries and a municipal utility district must be created over the Tract.
Section 2.02 Annexation.
(a) Concurrent with the approval of this Agreement, Developer submits the Annexation Petition to the City, attached hereto as Exhibit C. Consistent with the requirements of Texas Local Government Code Chapter 43, Subchapter C-3, the City agrees to take all requisite steps to take action on such petition and annex the Annexation Tract into the City’s corporate boundaries. Developer acknowledges that annexation is a legislative act by the City Council and is therefore
not guaranteed.
(b) If annexation of the Tract does not occur for any reason within ninety (90) days of the
Effective Date, either Party may elect to terminate this Agreement, upon which action it shall be of no further force and effect.
Section 2.03 Consent to District Creation. Developer has previously submitted the District Petition to the City. Concurrently with the City’s approval of this Agreement, the City shall take all requisite action to provide its consent to the creation of the District (the “City Consent”), in the form attached hereto as Exhibit D. Section 2.04 Consent Conditions. The Annexation Petition and District Petition shall include agreement by the petitioners therein to comply with the City’s Consent Conditions, attached hereto as Exhibit E. Section 2.05 Deposit. The Developer shall deposit with the City $10,000 to cover the
City’s reasonably necessary expenses incurred by legal counsel, engineers, accountants, financial advisors, or other consultants and advisors for the preparation and review of the documents related to the development, the creation of the PDD (hereinafter defined), and for the preparation and the review of any other documents contemplated by this Agreement related to the development of the Tract (the “City Expenses”).
4
ARTICLE III DESIGN AND CONSTRUCTION STANDARDS AND FACILITIES
Section 3.01 Regulatory Standards and Development Quality. The land uses within the Tract shall be typical of a master planned community with residential and recreational facilities, as well as compatible mixed and commercial use, and will require approximately 1,200 connections for water and wastewater service. The City and the Developer agree that one of the
primary purposes of this Agreement is to provide for the quality of, and certainty as to the
applicable regulatory requirements for, development of the Tract throughout the development process. Feasibility of the development of the Tract is dependent upon a predictable regulatory environment and stability in the projected land uses. In exchange for Developer’s performance of the obligations under this Agreement, the City agrees that Developer will develop the Tract in
accordance with the Development Code in the form attached hereto as Exhibit F and will not be
required to comply with any amendments or changes to such Development Code subsequently adopted by the City; provided, however, any development of the Tract not completed twenty (20) years from and after the date of this Agreement shall adhere to the then current Development Code, including any future amendments and changes thereto. The City and the Developer agree that,
except for the Development Code, any City ordinance, whether heretofore or hereafter adopted,
that addresses matters which are covered by this Agreement shall not be enforced by the City within the Tract, to the extent expressed in this Agreement, and that the provisions of this Agreement shall govern development of the Tract.
Section 3.02 Planned Development District.
(a) The Developer shall submit appropriate documents for City consideration, and not later than 180 days after the Effective Date, the City agrees to take all requisite steps to establish by ordinance site development regulations for a planned development district (“PDD”) for the Tract, pursuant to Section 12.400 of the Development Code. Developer acknowledges that the
PDD is established by legislative act of the City Council and is therefore not guaranteed.
(b) Criteria for the development of the Tract shall be in compliance with the
Development Code and other applicable City regulations, except for minor amendments as mutually agreed upon by the City and Developer and the following specific conditions:
(i) Residential Lot Width and Depth: The average width of all single family lots (controlled by the lot count per plat/section) within the development shall be a minimum of fifty (50) feet.
(ii) Minimum Building Setbacks: Single family residential lots shall have a minimum of twenty five (25) feet from the front property line to the structure, a minimum of five (5) feet between principal buildings on abutting lots, and a
minimum of ten (10) feet of rear setback. For side setbacks less than ten (10) feet
between buildings, fire resistant construction and/or limitation on window openings in accordance with the City’s building code shall apply.
(iii) Collector Street Width: Minimum right of way width for collector streets shall not be less than sixty (60) feet of width and pavement width for collector streets shall have not less than thirty-six (36) feet of width.
5
(iv) Local Low-Volume, L3 Width: Minimum right of way width for local low volume width streets shall not be less than fifty (50) feed of width. Pavement
width for local low volume width streets shall have not less than twenty eight (28)
feet of width.
(c) Deed Restrictions. The City shall be provided a copy of the draft HOA declarations
and by-laws as to the ownership and operation of the dedicated amenities. Owner shall cause deed restrictions to be recorded and enforced against the Tract, including any property owned or maintained by the HOA or the District, that require all construction and/or development on the Tract shall comply with the PDD or applicable Development Code.
Section 3.03 Design Standards for Public Improvements.
(a) The Developer shall provide streets, drainage, utilities, roads, and parks and recreational facilities according to the Development Plan at Developer’s sole cost; provided, however, the Developer may receive reimbursement of certain eligible costs from the District, as
referenced in Section 4.01, or from other applicable political subdivisions.
(b) All streets, drainage, water and wastewater facilities, and parks and recreational
facilities and all offsite utility extensions and internal utilities to serve the Tract shall be designed and constructed by or on behalf of the District in accordance with all rules and regulations of the City applicable to the construction of such facilities, including the Development Code, and in accordance with this Agreement. The City may inspect all facilities at its sole cost and expense,
including those facilities under construction, at all reasonable times. The District will enforce the
City’s rules and regulations regarding the construction of the drainage and road facilities.
(c) The Developer shall provide written certification to the City from a professional
engineer licensed in the state of Texas that the City’s criteria set forth in the Development Code or the PDD for such streets, drainage, water, wastewater, and park and recreational improvements have been met. Subject to such certification from a licensed professional engineer and approval of the plans by the City as provided for in the Development Code, no approval by City Council shall
be required.
(d) In the event the City requires additional access to the Tract in accordance with the
City’s transportation plan and comprehensive plan, the City will be responsible for acquisition of any necessary right of ways between the Tract and roads owned or maintained by the City. In the event that the development of the Tract necessitates additional access, the Developer shall be responsible for acquiring any other right of way which is not required by the City and necessary for any facilities that will be constructed on lands not owned by the City or Developer. The City
agrees to use its best efforts to assist Developer in its acquisition of any such right of way, including eminent domain, provided that Developer shall be responsible for the cost to acquiring such right-of-way for such additional access, including costs of the eminent domain proceedings.
(e) Developer shall be responsible for complying with any bidding or bonding requirements that may apply to projects intended to be reimbursed by public funds from the City and shall provide copies of construction plans and bid documents to the City.
Section 3.04 Capacity in and Conveyance and Maintenance of Facilities.
6
(a) The City recognizes that Developer is constructing certain facilities so that treated water service and wastewater treatment service are available to serve Developer’s development in
the District. The parties acknowledge and agree the construction of such facilities and the provision
of such services, among other things, will be governed the Development Code and this Agreement. (b) The City agrees to provide up to 1,200 Equivalent Single-Family Connections (“ESFCs”) for water and wastewater services to serve the Tract. The water and wastewater services
provided by the City under this Agreement shall be equivalent in quality to the water and
wastewater services and provided at the same rates and charges for services as the City provides to other City customers. The City shall, upon reasonable request, issue a letter of assurance that the Developer or District, as appropriate, is entitled to the use and benefit of such water and wastewater capacity. The letter of assurance shall provide for the use and benefit of quantities of
services of the capacities as provided for herein. All capacity may be allocated or reallocated by
the Developer or District, as appropriate, through the issuance of commitment letters for water and wastewater capacities, at its discretion and without prior approval by the City, to serve various land uses within the Tract. The Developer or District, as appropriate, shall have the right to assign all or part of its reserved capacity to landowner(s) and developer(s) within the Tract.
(c) The streets within the Tract shall be built to City specifications except as herein provided. the City’s acceptance of such streets may be withheld for failure to comply to any applicable regulations and requirements associated with its acceptance of public streets.
(d) The City agrees that the Developer may make provisions for public park and
recreational facilities to serve the Tract to be financed, developed, and maintained by the District, to the extent authorized by state law. The Developer agrees that any such amenities may be dedicated to the District or the HOA for ownership and operation and shall not be the responsibility of the City.
(e) Storm water detention systems shall be owned, operated, and maintained by the District; provided, however, if the City annexes the District for full purposes and dissolves the
District, the HOA will accept conveyance of the sites for and assume operation and maintenance of such storm water detention systems. Developer shall cause the District to enter into an agreement with the HOA upon creation of the HOA obligating the HOA to accept conveyance of storm water detention ponds upon dissolution of the District.
Section 3.05 Termination. The City shall have the right to terminate this Agreement, upon which action it shall be of no further force and effect, if the Developer has not initiated construction of any infrastructure within the Tract seven (7) years from the date of this Agreement.
Either Party shall have the right to terminate this Agreement, upon which action it shall be of no further force and effect, if either of the following fail to occur (i) annexation of the Annexation Tract within 180 days of the Effective Date of this Agreement or (ii) establishment a PDD for the Tract within 180 days of the Effective Date of this Agreement. Notwithstanding the foregoing, a Party cannot elect to terminate this Agreement if the act(s) or omission(s) of such Party resulted
in any such failure.
Section 3.06 Qualified Voter Housing. Notwithstanding any other provision of this Agreement to the contrary, one (1) HUD-certified manufactured home may be temporarily located
7
within the Tract for the creation or administration of the District and for providing qualified voters within the District or qualifying persons to serve on the board of directors of the District
(“Qualified Voter Housing”). A private well and septic system may be installed, operated, and
maintained for the use of such Qualified Voter Housing. Qualified Voter Housing may be located on the Tract for one (1) year after the first purchase of a lot by an Ultimate Consumer. Developer will notify the City of the location of, make and model of, HUD number for, and 911 address of the Qualified Voter Housing within thirty (30) days after such home is occupied. Qualified Voter
Housing permitted by this Agreement: (i) is not required to be located on a platted lot; (ii) does
not require a building permit; (iii) does not require a certificate of substantial completion; (iv) does not otherwise have to comply with the Development Code; (v) except for utility connections, if any, does not require any permit or other approval by the City except for a placement permit; and (vi) will be promptly removed when no longer needed for the creation, administration, or
development of the District.
Section 3.07 Director Qualifying Lots. Notwithstanding any other provision of this
Agreement to the contrary, the conveyance, from time to time, of any portion of the Tract, whether described by metes and bounds or otherwise, to any person for the purpose of qualifying such person to be a member of the board of directors of the District shall not be considered a subdivision of land requiring a plat or otherwise requiring the approval of the City; provided, however, no structure, other than Qualified Voter Housing authorized by Section 3.06, shall be constructed on
any property conveyed for such purpose unless and until a plat of such portion of the Tract has been approved by the City in accordance with this Agreement and the City’s subdivision regulations, as currently adopted or amended prior to submittal of a preliminary plat to the City.
ARTICLE IV REIMBURSEMENT AND FINANCING Section 4.01 Reimbursement.
(a) The Developer shall enter into a reimbursement agreement with the District to seek
reimbursement through the issuance of bonds or other funds of the District for the costs of water,
wastewater, drainage, and roads constructed to serve the tract, to the extent allowed by law. The bonds issued by the District will be an obligation solely of the District and will not be obligations of the City or any other entity. The City will not issue bonds to reimburse Developer for its costs incurred to construct such facilities. The City will not pay for any of the eligible reimbursable
costs to the Developer, unless the City annexes the District for full purposes, resulting in
dissolution of the District.
(b) Upon receipt of Developer of at least ninety-five (95%) percent of reimbursement
of its eligible, reimbursable development costs, the City may elect to dissolve the District and take over all of the District’s assets and liabilities. (c) The Parties agree any property annexed into the District subsequent to the Effective
Date will be considered part of the District for purposes of this Agreement.
ARTICLE V
PROVISIONS FOR DESIGNATED MORTGAGEE
8
Section 5.01 Notice to Designated Mortgagee. Pursuant to Section 5.03, any Designated Mortgagee shall be entitled to simultaneous notice any time that a provision of this
Agreement requires notice to Developer.
Section 5.02 Right of Designated Mortgagee to Cure Default. Any Designated
Mortgagee shall have the right, but not the obligation, to cure any default in accordance with the
provisions of Section 5.03 and Article VII.
Section 5.03 Designated Mortgagee. At any time after execution and recordation in the Real Property Records of the County of any mortgage, deed of trust, or security agreement encumbering the Tract or any portion thereof, the Developer (i) shall notify the City in writing that the mortgage, deed of trust, or security agreement has been given and executed by the Developer, and (ii) may change the Developer’s address for notice pursuant to Section 9.01 to include the
address of the Designated Mortgagee to which it desires copies of notice to be provided.
At such time as a full and final release of any such lien is filed in the County’s Real Property
Records, and the Developer gives notice of such release to the City as provided herein, all rights and obligations of the City with respect to the Designated Mortgagee under this Agreement shall terminate.
The City agrees that it may not exercise any remedies of default hereunder unless and until the Designated Mortgagee has been given thirty (30) days written notice and opportunity to cure (or commences to cure and thereafter continues in good faith and with due diligence to complete
the cure) the default complained of. Whenever consent is required to amend a particular provision
of this Agreement or to terminate this Agreement, the City and the Developer agree that this Agreement may not be so amended or terminated without the consent of such Designated Mortgagee; provided, however, consent of a Designated Mortgagee shall only be required to the extent the lands mortgaged to such Designated Mortgagee would be affected by such amendment
or termination.
Upon foreclosure (or deed in lieu of foreclosure) by a Designated Mortgagee of its security
instrument executed by the Developer encumbering the Tract, such Designated Mortgagee (and its
affiliates) and their successors and assigns shall not be liable under this Agreement for any defaults that are in existence at the time of such foreclosure (or deed in lieu of foreclosure). Furthermore, so long as such Designated Mortgagee (or its affiliates) is only maintaining the Tract and marketing it for sale and is not actively involved in the development of the Tract, such Designated Mortgagee
(and its affiliates) shall not be liable under this Agreement. Upon foreclosure (or deed in lieu of
foreclosure) by a Designated Mortgagee, any development of the property shall be in accordance with this Agreement.
If the Designated Mortgagee, and/or any of its affiliates or their respective successors and assigns, undertakes development activity, they shall be bound by the terms of this Agreement. However, under no circumstances shall such Designated Mortgagee ever have liability for matters arising either prior to, or subsequent to, its actual period of ownership of the Tract, or a portion
thereof, acquired through foreclosure (or deed in lieu of foreclosure).
9
ARTICLE VI PROVISIONS FOR DEVELOPER
Section 6.01 Waiver of Actions Under Private Real Property Rights Preservation Act. The Developer hereby waives its right, if any, to assert any causes of action against the City accruing under the Private Real Property Rights Preservation Act, Chapter 2007, Texas Government Code (the “Act”), that the City’s execution or performance of this Agreement or any
authorized amendment or supplements thereto may constitute, either now or in the future, a
“Taking” of Developer’s, Developer’s grantee’s, or a grantee’s successor’s “Private Real Property,” as such terms are defined in the Act, provided, however, that this waiver does not apply to, and the Developer and Developer’s grantees and successors do not waive their rights under the Act to assert a claim under the Act for any action taken by the City beyond the scope of this
Agreement which otherwise may give rise to a cause of action under the Act.
Section 6.02 Developer’s Right to Continue Development. The City and the Developer
hereby agree that, subject to Section 8.05 of this Agreement, the Developer may sell all or a portion of the Tract to one or more Persons who shall be bound by this Agreement and perform the obligations of Developer hereunder relative to the portion of the Tract acquired by such Persons, provided that the Developer shall retain ultimate responsibility for complying with the terms of this Agreement unless the City agrees in writing that the purchaser shall be responsible for and
perform the Developer’s obligations, which such consent shall not be unreasonably delayed, conditioned, or withheld. The City shall be provided with a written copy of any assignment made under this section.
Section 6.03 Assignment of Obligations. Developer agrees that regarding any of Developer’s obligations in this Agreement that are contemplated to ultimately become obligations of the District, Developer shall assign to the District such obligations upon creation and confirmation of the District.
ARTICLE VII MATERIAL BREACH, NOTICE, AND REMEDIES Section 7.01 Material Breach of Agreement. It is the intention of the parties to this
Agreement that the Tract be developed in accordance with the terms of this Agreement, the PDD, and applicable Development Code, and that Developer follow the development plans substantially as set out in the Development Plan.
(a) The parties acknowledge and agree that any material deviation from the Development Plan and the concepts of development contained therein and any material deviation by Developer from the material terms of this Agreement would frustrate the intent of this
Agreement, and therefore, would be a material breach of this Agreement. A material breach of this
Agreement by Developer shall be deemed to have occurred in any of the following instances:
1. Developer’s failure to develop the Tract in compliance with the approved
Development Plan, as from time to time amended; or Developer’s failure to secure the City’s approval of any material modification or amendment to the Development Plan;
10
2. Failure of the Developer to substantially comply with a provision of this Agreement or the City Code applicable to the land in the District; or
3. The parties agree that nothing in this Agreement can compel the Developer to
proceed or continue to develop the Tract within any time period.
(b) The parties acknowledge and agree that any substantial deviation by the City from the material terms of this Agreement would frustrate the intent of this Agreement and, therefore, would be a material breach of this Agreement. A material breach of this Agreement by the City shall be deemed to have occurred in any of the following instances:
1. The imposition or attempted imposition of any moratorium on building or growth
on the Tract prohibited by State law or this Agreement unless necessitated by public emergency;
2. The imposition of a requirement to provide regionalization or oversizing of public
utilities through some method substantially or materially different than the plan set forth in this
Agreement, unless agreed to in writing by the Parties;
3. An attempt by the City to require modification or amendment of the Development Plan where it complies with the requirements of this Agreement; or
4. An attempt by the City to unreasonably withhold approval of a plat of land within the Tract that complies with the requirements of this Agreement and any applicable Development Code.
If a Party to this Agreement believes that another Party has, by act or omission, committed a material breach of this Agreement, the provisions of this Article VII shall provide the remedies for such default.
Section 7.02 Notice of Developer’s Default.
(a) The City shall notify the Developer and each Designated Mortgagee, if any, in writing of an alleged failure by the Developer to comply with a provision of this Agreement, which
notice shall specify the alleged failure with reasonable particularity. The alleged defaulting
Developer shall, within thirty (30) days after receipt of such notice or such longer period of time as the City may specify in such notice, either cure such alleged failure or, in a written response to the City, either (i) present facts and arguments in refutation or excuse of such alleged failure or (ii) state that such alleged failure will be cured and set forth the method and time schedule for
accomplishing such cure.
(b) The City shall determine (i) whether a failure to comply with a provision has occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or
will be cured by the alleged defaulting Developer or a Designated Mortgagee. The alleged
defaulting Developer shall make available to the City, if requested, any records, documents, or other information necessary to make such determination.
(c) In the event that the City determines that such failure has not occurred, or that such
failure either has been or will be cured in a manner and in accordance with a schedule reasonably
11
satisfactory to the City, or that such failure is excusable, such determination shall conclude the investigation.
(d) If the City determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the alleged defaulting Developer or a Designated Mortgagee in a manner and in accordance with a schedule reasonably
satisfactory to the City, then the City Council may proceed to mediation under Section 7.04 and
subsequently may exercise the applicable remedy under Section 7.05.
Section 7.03 Notice of City’s Default.
(a) The Developer shall notify the City in writing of an alleged failure by the City to
comply with a provision of this Agreement, which notice shall specify the alleged failure with reasonable particularity. The City shall, within thirty (30) days after receipt of such notice or such longer period of time as the Developer may specify in such notice, either cure such alleged failure or, in a written response to the Developer, either (i) present facts and arguments in refutation or excuse of such alleged failure or (ii) state that such alleged failure will be cured and set forth the
method and time schedule for accomplishing such cure.
(b) The Developer shall determine (i) whether a failure to comply with a provision has
occurred; (ii) whether such failure is excusable; and (iii) whether such failure has been cured or will be cured by the City. The City shall make available to the Developer, if requested, any records, documents or other information necessary to make the determination.
(c) In the event that the Developer determines that such failure has not occurred or that such failure either has been or will be cured in a manner and in accordance with a schedule reasonably satisfactory to the Developer, or that such failure is excusable, such determination shall
conclude the investigation.
(d) If the Developer determines that a failure to comply with a provision has occurred
and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the Developer, then the Developer may proceed to mediation under Section 7.04 and subsequently exercise the applicable remedy under Section 7.05.
Section 7.04 Mediation. In the event the parties to this Agreement cannot, within a reasonable time, resolve their dispute pursuant to the procedures described in Sections 7.02 or
7.03, the parties agree to submit the disputed issue to non-binding mediation. The parties shall participate in good faith, but in no event shall they be obligated to pursue mediation that does not resolve the issue within fourteen (14) days after the mediation is initiated or thirty (30) days after mediation is requested. The parties participating in the mediation shall share the costs of the mediation equally.
Section 7.05 Remedies.
(a) In the event of a determination by the City that the Developer has committed a material breach of this Agreement that is not resolved in mediation pursuant to Section 7.04, the
City may file suit in a court of competent jurisdiction and seek any relief available at law or in
equity.
12
(b) In the event of a determination by a Developer that the City has committed a material breach of this Agreement that is not resolved in mediation pursuant to Section 7.04, the
Developer may file suit in a court of competent jurisdiction and seek any relief available at law or
in equity, including, but not limited to, specific enforcement of this Agreement.
ARTICLE VIII BINDING AGREEMENT, TERM, AMENDMENT, AND ASSIGNMENT
Section 8.01 Beneficiaries. This Agreement shall bind and inure to the benefit of the City and the Developer and their respective successors and assigns. In addition to the City and the Developer, Designated Mortgagees and their successors or assigns shall also be deemed beneficiaries to this Agreement. The terms of this Agreement shall constitute covenants running
with the land comprising the Tract and shall be binding on all future developers and owners of any
portion of the Tract, other than Ultimate Consumers. Notwithstanding the foregoing statement, an Ultimate Consumer shall be bound by the Developer’s submittal of the Annexation Petition and District Petition, to the extent allowed by law, and shall be bound by the Developer’s waiver of rights described in Section 6.01.
Section 8.02 Liability of Ultimate Consumer. Ultimate Consumers shall have no liability for the failure of the Developer to comply with the terms of this Agreement and shall only
be liable for their own failure to comply with the recorded declaration of restrictive covenants and
land use restrictions applicable to the use of their tract or lot.
Section 8.03 Term. This Agreement shall bind the parties and continue for thirty (30) years from the Effective Date of this Agreement, unless terminated on an earlier date pursuant to other provisions of this Agreement or by express written agreement executed by the City and Developer.
Section 8.04 Termination Filing. In the event this Agreement is terminated as provided in this Agreement or is terminated by mutual agreement of the parties, upon request by
a party, the parties shall promptly execute and file of record, in the County Clerk’s Official
Records, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred.
Section 8.05 Assignment or Sale. All covenants and agreements contained by or on behalf of a party in this Agreement shall bind its successors and assigns and shall inure to the benefit of the other parties and their successors and assigns. The parties may assign their rights and obligations under this Agreement or any interest herein. If the Developer proposes to sell all
or substantially all of the Tract owned at such time by the Developer, the Developer shall provide prior written notice of such sale to the City. Any person who acquires the Tract or any portion of the Tract, except for an Ultimate Consumer whose liability is defined in Section 8.01 and 8.02 above, shall take the Tract subject to the terms of this Agreement and shall provide written acknowledgment to an assignment of said terms, receipt of which by the City shall constitute its
consent for purposes of Section 6.02 of this Agreement.
13
ARTICLE IX MISCELLANEOUS PROVISIONS
Section 9.01 Notice. The parties contemplate that they will engage in informal communications with respect to the subject matter of this Agreement. However, any formal notices or other communications (“Notice”) required to be given by one party to another by this Agreement shall be given in writing addressed to the party to be notified at the address set forth below for
such party (a) by delivering the same in person; (b) by depositing the same in the United States
Mail, certified or registered, return receipt requested, postage prepaid, addressed to the Party to be notified; or (c) by depositing the same with Federal Express or another nationally recognized courier service guaranteeing “next day delivery,” addressed to the party to be notified. Any notice required to be given by a party to a Designated Mortgagee shall be given as provided above at the
address designated upon the identification of the Designated Mortgagee. Notice deposited in the
United States mail in the manner herein above described shall be deemed effective from and after three (3) days after the date of such deposit. Notice given in any other manner shall be effective only if and when received by the party to be notified. For the purposes of notice, the addresses of the parties, until changed as provided below, shall be as follows:
City: City of Huntsville
Attn: City Manager
1212 Avenue M Huntsville, TX 77340 With copy to: City Attorney – Leonard Schneider
1212 Avenue M
Huntsville, TX 77340 Developer: East Loop Investments, L.L.C. Attn: Jesse Valeriano P.O. Box 24511 Houston, Texas 77229
With copy to: SK Law 1980 Post Oak Blvd., Suite 1380 Houston, Texas 77056 Attn: Julianne Kugle
The parties shall have the right from time to time to change their respective addresses, and each shall have the right to specify as its address any other address within the United States of America by giving at least five (5) days written notice to the other parties. A Designated Mortgagee may change its address in the same manner by written notice to all of the parties. If any date or any
period provided in this Agreement ends on a Saturday, Sunday, or legal holiday, the applicable period for calculating the notice shall be extended to the first business day following such Saturday, Sunday or legal holiday.
14
Section 9.02 Time. Time is of the essence in all things pertaining to the performance of this Agreement.
Section 9.03 Severability. If any provision of this Agreement is illegal, invalid, or unenforceable under present or future laws, then it is the intention of the parties hereto that the
remainder of this Agreement shall not be affected.
Section 9.04 Waiver. Any failure by a party hereto to insist upon strict performance by
the other party of any material provision of this Agreement shall not be deemed a waiver thereof or of any other provision hereof, and such party shall have the right at any time thereafter to insist upon strict performance of any and all of the provisions of this Agreement.
Section 9.05 Applicable Law and Venue. The construction and validity of this Agreement shall be governed by the laws of the State of Texas without regard to conflicts of law principles. Venue shall be in Walker County, Texas.
Section 9.06 Reservation of Rights. To the extent not inconsistent with this Agreement, each party reserves all rights, privileges, and immunities under applicable laws.
Section 9.07 Further Documents. The parties agree that at any time after execution of this Agreement, they will, upon request of another party, execute and deliver such further
documents and do such further acts and things as the other party may reasonably request in order
to effectuate the terms of this Agreement.
Section 9.08 Incorporation of Exhibits and Other Documents by Reference. All Exhibits and other documents attached to or referred to in this Agreement are incorporated herein by reference for the purposes set forth in this Agreement.
Section 9.09 Conflicts. In the event of any conflict between this Agreement and any other ordinance, rule, regulation, standard, policy, order, guideline, or other City-adopted or City- enforced requirement, whether existing on the Effective Date or hereinafter adopted, this Agreement shall control, except as otherwise expressly provided in this Agreement. In the event
of any conflict between any provision of the Agreement and the Development Code, the provisions of the Agreement shall control.
Section 9.10 Effect of State and Federal Laws. Notwithstanding any other provision of this Agreement, Developer and its successors or assigns, shall comply with all applicable statutes or regulations of the United States and the State of Texas, as well as any City ordinances not in conflict with this Agreement, and any rules implementing such statutes or regulations.
Section 9.11 Authority for Execution. The City hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the City
Charter, City ordinances, and the laws of the State of Texas. The Developer hereby certifies,
represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the certificate of formation and company agreements of such entity.
15
Section 9.12 Multiple Counterparts. This Agreement may be executed in multiple original counterparts, and such counterparts, when taken together, shall have the full force and
effect of an original, fully executed instrument.
Section 9.13 Texas Government Code Chapter 2271. The City is prohibited from contracting with any “company” for goods and services unless the following verification is included in this contract. If Developer qualifies as a “company”, then Developer verifies that it:
(a) does not “boycott Israel”; and (b) will not “boycott Israel” during the term of this Agreement.
For the purposes of this section only, the terms “company” and “boycott Israel” have the meaning assigned by Section 2271.001, Texas Government Code. Developer’s obligations under this section, if any exist, will automatically cease or be reduced to the extent that the requirements of Chapter 2271, Texas Government Code are subsequently repealed, reduced, or declared
unenforceable or invalid, in whole or in part, by any court or tribunal of competent jurisdiction or
by the Texas Attorney General, without any further impact on the validity or continuity of this Agreement. Section 9.14 Foreign Terrorist Organizations. Pursuant to Chapter 2252, Texas
Government Code, at the time of execution of this Agreement, if Developer qualifies as a
“company” as defined by Section 2270.0001 of the Texas Government Code, then Developer verifies it is not a company listed by the Texas Comptroller of Public Accounts under Sections 2270.0201 or 2252.153 of the Texas Government Code. Section 9.15. Companies that Boycott Certain Energy Companies or Discriminate Against the Firearms or Ammunitions Industries. The Developer agrees and represents that the total value of this Agreement shall not exceed the dollar limitation set forth in Section 2274.002(a)(2) of the Texas Government Code (as added by Senate Bill 13, 87th Texas Legislature, Regular Session)
and Section 2274.002(a)(2) of the Texas Government Code (as added by Senate Bill 19, 87th Texas Legislature, Regular Session).
IN WITNESS WHEREOF, the undersigned parties have executed this Development Agreement to be effective as of the Effective Date first written above.
CITY OF HUNTSVILLE, TEXAS
MAYOR ATTEST: APPROVED AS TO FORM:
CITY SECRETARY CITY ATTORNEY
THE STATE OF TEXAS §
§
COUNTY OF WALKER § This instrument was acknowledged before me on __________________________, 2022, by Andy Brauninger, Mayor of the City of Huntsville, Texas, in the capacity therein stated.
(SEAL) _______________________________________ Notary Public in and for
the State of Texas
IN WITNESS WHEREOF, the undersigned parties have executed this Development
Agreement to be effective as of the Effective Date first written above.
East Loop Investments, L.L.C., a Texas limited liability company
By: ________________________ Name: ______________________ Title: _______________________
THE STATE OF TEXAS § §
COUNTY OF _____________ §
This instrument was acknowledged before me on ________________________, 2022, by ________________, _________________ of East Loop Investments, L.L.C., a Texas limited liability company, on behalf of said limited liability company.
___________________________ Notary Public in and for the State of Texas
(SEAL)
3
EXHIBIT A
THE TRACT
[attached]
4
EXHIBIT B
DEVELOPMENT PLAN
[attached]
5
EXHIBIT C
ANNEXATION PETITION
PETITION FOR CONSENT TO
ANNEX LAND INTO CORPORATE LIMITS OF CITY OF
HUNTSVILLE, TEXAS
THE STATE OF TEXAS §
§
COUNTY OF WALKER §
TO THE HONORABLE MAYOR AND
CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS:
The undersigned ("Petitioner"), respectfully petitions the City of Huntsville, Texas
(the "City"), for its consent to the addition of land to the City's corporate limits. In support
of this Petition, the Petitioner would show the following: I.
The land sought to be added to the City is described by metes and bounds in Exhibit
"A", attached hereto and made a part hereof for all purposes (the "Tract").
II. The Tract lies wholly within Walker County, Texas, and within the extraterritorial
jurisdiction of the City. The Tract is contiguous to the corporate boundaries of the City.
III.
Petitioner holds fee simple title to the Tract, as shown by the Walker County Tax Rolls.
There are no liens on the Tract except the lien to _________________. No one resides on the
Tract. Petitioners acknowledge the City has offered a development agreement and Petitioners have declined to make the agreement. OR
6
Petitioner also certifies the land is not appraised for ad valorem tax purposes as land for agricultural or wildlife management use, or as timer land, and is not subject to Tex. Local Gov. Code §43.016.
IV. The undersigned agrees and hereby covenants that if the requested consent to the annexation of the Tract into the corporate limits of the City is granted, the Petitioners will
adopt and abide by the rules and regulations adopted by the City.
WHEREFORE, the undersigned respectfully prays that this Petition be granted in all respects and that the City Council of the City of Walker, Texas, adopt an ordinance giving its written consent to the annexation of all of the Tract into the corporate limits of the City.
RESPECTFULLY SUBMITTED this ______ day of February, 2022.
“PETITIONER”
East Loop Investments, L.L.C., a Texas limited liability company
By: ________________________ Name: ______________________ Title: _______________________
THE STATE OF TEXAS § § COUNTY OF _____________ §
This instrument was acknowledged before me on ________________________, 2022, by ________________, _________________ of East Loop Investments, L.L.C., a Texas limited liability company, on behalf of said limited liability company.
___________________________
7
Notary Public in and for the State of Texas
(SEAL)
8
CONSENTED TO BY LIENHOLDER:
,
a _________________________________
By: ___________________________________
Name: ___________________________________
Title: ___________________________________
THE STATE OF TEXAS §
§
COUNTY OF _________ §
This instrument was acknowledged before me on January _______, 2022, by
____________________________, ________________ of ____________, a _________________________, on behalf of said _____________.
__________________________________________
Notary Public in and for the State of Texas
EXHIBIT "A"
The Tract
EXHIBIT D
CONSENT ORDINANCE
AN ORDINANCE CONSENTING TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT
WHEREAS, ____________________________ (“Owner”) is the owner of approximately
__________ acres of land (the “Tract”), approximately ____ acres of which is located within the City’s corporate boundaries, and approximately ______ acres of which is located in the City’s extraterritorial jurisdiction; and
WHEREAS, Owner has submitted to the City a Petition for Consent to the Creation of a Municipal Utility District, requesting the City’s consent to the creation of a municipal utility district over the boundaries of the Tract, as described therein.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE:
Section 1. The facts and recitations set forth in the preamble of this Ordinance are hereby found to be true and correct. Section 2. The Petition for Consent to the Creation of a Municipal Utility District is attached hereto as Exhibit “A” and made a part hereof for all purposes.
Section 3. The City Council of the City hereby specifically gives its written consent to the creation of a municipal utility district over the Tract subject to the condition that Petitioner fully comply with the conditions set forth in Exhibit “B” attached hereto and incorporated herein, as well as subject to such other provisions of the Code of Ordinances of the City as may be
applicable. Section 4. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by
law preceding this meeting, as required by Chapter 551, Texas Government Code; and that this meeting had been open to the public as required by law at all times during which this Ordinance and the subject matter hereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof.
Section 5. In addition to the conditions and requirements otherwise set out herein, the Consent as herein provided shall be conditioned on the owners of the real property within the Tract fully complying with all rules, regulations, and requirements that may be in existence or later provided as the same relates to any construction, configuration, or use of the Tract, whether directly expressed or provided by the City in such other agreements and documents that may be executed
relating to the development or use of Tract.
Section 6. This Ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained.
PASSED, APPROVED, AND ADOPTED this ____ day of ________________, 20____. ATTEST: ____________________________________
Mayor
____________________ City Secretary
EXHIBIT E
CITY CONSENT CONDITIONS
EXHIBIT F
CITY DEVELOPMENT CODE
Item/Subject: Consider Resolution 2022-13, setting the date for a public hearing to initiate the creation
of a Public Improvement District (PID) to be known as the “Villages of Magnolia Farms and Westin
Meadows Public Improvement District” within the City of Huntsville, Texas Extra-Territorial Jurisdiction
(ETJ) on property located in the 350 FM 1791 North.
Initiating Department/Presenter: Development Services
Presenter: Kevin Byal – Director of Development Services
Recommended Motion: Move to approve Resolution 2022-13, 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 (PID) 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 April 5, 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 January 4, 2022, council meeting, Council vote to approve the concept
of creating a Public Improvement District (PID) 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 – 2022-13
•Exhibit A
•Exhibit B
3/1/22 Agenda Item: 02b
CITY COUNCIL AGENDA
RESOLUTION NO. 2022-13
A RESOLUTION SETTING A PUBLIC HEARING UNDER SEC. 372.009 OF THE TEXAS
LOCAL GOVERNMENT CODE FOR THE CREATION OF THE VILLAGES OF MAGNOLIA FARMS AND WESTIN MEADOWS 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 24, 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 April 5, 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 April 5, 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 may 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 “Villages of Magnolia Farms and
Westin Meadows Public Improvement District” (the "District"), which includes a metes-
and-bounds description of the approximately 116.828 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 March 2022.
THE CITY OF HUNTSVILLE
_____________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
1
000001.000033\4863-1463-6034.v1
PETITION FOR THE CREATION OF A PUBLIC IMPROVEMENT
DISTRICT WITHIN THE CITY OF HUNTSVILLE, TEXAS
(Public Improvement District)
This petition ("Petition") is submitted and filed with the City Secretary of the City of
Huntsville, Texas ("City"), by the undersigned (the "Petitioner"), the owner of the 116.828 acres
of land located in the City's extra-territorial jurisdiction (“ETJ”) and described in the attached
Exhibit A (the "Property"). Acting pursuant to the provisions of Chapter 372, Texas. Local
Government Code, as amended (the "Act"), Petitioner requests that the City create a public
improvement district (the "District"), to include the Property. In support of this Petition,
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") are those
permitted by the Act including, without limitation, any or all of the following to the extent
permitted by the Act: (i) design, construction and other allowed costs related to street and
roadway improvements, including related sidewalks, drainage, utility construction and
relocation, signalization, landscaping, lighting, signage, entry monumentation, 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, artwork, 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 water, wastewater and drainage (including detention); (v) acquisition, by
purchase or otherwise, of real property in connection with any Authorized Improvement; (vi)
design, construction and other allowed costs related to projects similar to those listed in
subsections (i) - (v) above authorized by the Act, including off-site projects that provide a
benefit to the Property; (vii) special supplemental services for improvement and promotion of
the District that are allowed or permitted under the Act, including services relating to
advertising, promotion, health and sanitation, water and wastewater, public safety, security,
business recruitment, development, recreation, and cultural enhancement; (viii) payment of
costs associated with establishment, administration, and operation of the District and those
related to operating and maintaining the Authorized Improvements; and (x) payment of costs
associated with developing and financing the Authorized Improvements, 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 $33,000,000.
Section 3. Boundaries of the Proposed District. The District is proposed to include the
Property as stated in Exhibit A attached and made a part hereof.
2
000001.000033\4863-1463-6034.v1
Section 4. Proposed. Method of Assessment. The City shall levy assessments on each
parcel within the District in a manner that results in imposing equal shares of the costs on
property similarly benefited. All assessments may be paid in full at any time (including interest
and principal), and certain assessments may be paid in annual installments (including interest
and principal).
Section 5. Proposed Apportionment of Costs of Between the District and the City. The
City will not be obligated to provide any funds to finance the Authorized Improvements, other
than from assessments levied against the Property within the District.
Section 6. Management of the District. The Petitioner proposes that the District be
managed by the City, with the assistance of a consultant, who shall, from time to time, advise
the City regarding certain operations of the District.
Section 7. The Petitioner Requests Establishment of the District. The person(s) signing
this Petition request(s) the establishment of the District, is duly authorized, and has the
corporate authority to execute and deliver the Petition.
Section 8. Advisory Board. The Petitioner proposes that the District be established and
managed without the creation of an advisory board.
Section 9. Landowner(s). This Petition has been signed by (1) the owners of 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 owners of real property liable for assessment under
the proposal who: (A) constitute 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.
This Petition is hereby filed with the City Secretary of the City. The undersigned request
that the City Council of the City call a public hearing on the advisability of the Authorized
Improvements, give notice thereof as provided by law and grant all matters requested in this
Petition and grant such other relief, in law or in equity, to which Petitioner may show itself to
be entitled.
3
000001.000033\4863-1463-6034.v1
RESPECTFULLY SUBMITTED, on this the ___ day of _____________, 2022
"PETITIONER"
________________________________
________________________________
________________________________
By Waterstone Development Group, LLC, a
Texas limited liability company, It’s
Authorized Agent
By: _________________________
Name: _________________________
Title: _________________________
THE STATE OF TEXAS §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on this ______ day of _________________, 2022by
______________________, ________________ of Waterstone Development Group, LLC, a Texas
limited liability company, authorized agent of ________________, ________________, and
_________________.
[Seal]
________________________________
Notary Public—State of Texas
4
000001.000033\4863-1463-6034.v1
EXHIBIT A
5
000001.000033\4863-1463-6034.v1
6
000001.000033\4863-1463-6034.v1
Item/Subject: FIRST READING: Consider authorizing the City Manager to execute Change Order
Number 2 for IH-45 Segment 2A Widening and Utility Relocation with Betterment Project (Water Fund
701, Wastewater Fund 702) – Project 18-03-01
Initiating Department/Presenter: Engineering
Presenter: Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM – City Engineer
Recommended Motion: No Action required, first reading. Should the Council wish to waive the
second reading, the appropriate motion would be: Move to waive the requirement for readings on
two separate meetings and authorize the City Manager to execute Change Order Number 2 in the
amount of $451,579.43 for IH-45 Segment 2A Widening with Betterment Project 18-03-01.
Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient
manner.
Discussion: The City has several waterline and sanitary sewer line segments within the TxDOT right-
of-way in the IH-45 Segment 2A widening project limit that needed to be relocated to remove potential
conflicts with highway construction and to provide necessary clearances to the new roadway surface.
The City’s utility relocation design consists of up-sizing waterlines and sanitary sewer lines in several
locations. The upsizing is necessary to accommodate anticipated future growth.
The cost of utility relocation design and construction for all relocations with similar sizes and types as
the existing ones is 100% reimbursable from TxDOT to the City. Upsizing water and sewer lines of the
City’s choice to accommodate future growth will be considered as “Elective Betterment” by TxDOT, and
the increased cost for such upsizing shall be met by the City.
The original construction cost is $5,615,884.06. TxDOT will reimburse approximately $4,942,000 and
the City’s remining portion of the construction cost would be $674,000. Change Order No 1 was
received and approved on May 27, 2021, in the total amount of $25,155.26; the total construction cost
became $5,641,039.32.
The original budget for construction of this project was $6,132,429, and the remaining budget balance
before this proposed Change Order No 2 is $491,389.68.
The subject change order, Change Order No. 2 being recommended for approval, is related to
construction of water lines, sewer lines, steel casing, service leads and dewatering. The proposed
Change Order No 2 amount is $451,579.43. TxDOT will reimburse the city $302,601.21 and the City’s
share is $148,978.22.
With both Change Orders, the total proposed contract price will be $6,092,618.75 which is less than
the budged amount of $6,132,429. The total Elective Betterment cost to the city will be $832,838.55,
3/1/2022 Agenda Item: 02c
CITY COUNCIL AGENDA
and the reimbursement from TxDOT will be $5,259,780.20. After approval of Change Order #2, the
remaining balance in the project will be $39,810.26.
Previous Council Action.
a)The City Council approved the Engineering agreement with RPS Infrastructure, Inc. at the
August 7, 2018, meeting.
b)Amendment A to the original RPS agreement was approved at the February 19, 2019, meeting.
c)Amendment B to the original RPS agreement was approved at the September 1, 2020, Meeting.
d)The City Council authorized the City Manager to enter into a Utility Agreement with TxDOT for
cost reimbursement at the October 6, 2020, meeting.
e)The City Council authorized the City Manager to award the construction for IH-45 Segment 2A
Utility Relocation Project – Project No. 18-03-01 at the December 1, 2020, meeting.
Financial Implications: ☒Item is budgeted: 701-7255 and 702-7185 In the amount of: $6,132,429.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
•Project Location Map
•Presentation
!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.!.Existing 12'' Water MainExisting 12''Water MainExisting 6'' Water Main
Existing 6''Water Main
Existing 6'' Sewer
Existing 8''Water Main
Existing
6''
W
at
er
M
ai
n
17401745175017551760Existing 12''Water Main Existing 6''Water MainVETE
R
A
N
S
M
E
M
O
R
I
A
L
P
K
W
Y PARKWOOD STEASTHAM DR
ELMWOOD ST
CROSSTIMBERS DRSTATE HIGHWAY 30VET
E
R
A
N
S
M
E
M
O
R
I
A
L
P
K
W
Y
FINA
N
C
I
A
L
P
L
A
Z
A
COLETHEREDGE BLVDNOR
M
A
L
P
A
R
K
D
R
CEDAR DR11TH STWALM
A
R
T
KROGER
HOME
D
E
P
O
T
CRIMI
N
A
L
J
U
S
T
I
C
E
DEPT
TARGET19TH STNORMAL PARK DR
SMITHER DRHOBB
YLOBB
Y STATE HIGHWAY 301,160 0 1,160580
Feet ³Legend
!.Sewer Manhole
Utility Conflict
Proposed Culverts
Existing Sewer
Existing Water Main
Document Path: J:\007706\07.00 CADD\GIS\Overall 1 No Algnmnt.mxdSTA 1880+21Lateral 8'' WaterlineOffset
STA 1881+21Lateral 8'' WaterlineOffset
STA 1821+376'' Sanitary SewerCrossing
STA 1857+54Lateral 12'' WaterlineOffset
STA 1857+54Lateral 6'' WaterlineOffset STA 1835+51Lateral 6'' WaterlineOffset
STA 1821+37Lateral 12'' WaterlineCrossing
STA 1837+216'' Water Crossing
STA 1794+73Lateral 6'' WaterlineOffset
STA 1800+75Lateral 2'' WaterlineOffset
STA 1800+76Lateral 12'' WaterlineOffset
STA 1792+498'' Sanitary SewerCrossing
STA 1793+45Lateral 12'' WaterlineOffset
STA 1776+76Lateral12'' WaterlineOffset
STA 1780+14Lateral12'' WaterlineOffset
§¨¦45§¨¦45
RPS PROJ. NO.: 007706
DATE: August 2020
EXHIBIT1SCALE:
Overall Utility Relocation Layout
IH-45 Segment 2AUtility Relocations
1 " = 1,160 '
IH-45 Segment 2A Utility Relocations
Change Order No. 2
Vicinity Map Segment 2A
City’s utilities relocation
Project Summary
•Approximately 11,000 LF of Sanitary Sewer and WaterLines (6”-24”) for the reconstruction of IH-45 betweenSH 19 to SH 30
•Installation/Replacement Sanitary MHs (17), and ServiceLeads (7)
•Installation/Replacement Valves (62), FHs(3), WaterService Leads (8)
•Traffic Control, Stormwater Pollution Prevention, Hydro-mulch Seeding..
•Site Restoration
Contract Cost Breakdown
•Original Contract Amount $5,615,884.06
•Approved Change Order No 1 $ 25,155.26
•Net Increase in Contract Price
w/ Change Order No 2 $ 451,579.43
•Proposed Contract Price $6,092,618.75
Contract Cost Breakdown
•Total Original Construction Budget$6,132,429.00
•Total Construction Cost with Approved Change
Order No 1 $5,641,039.32
($5,615,884.06+$25,155.26)
•Remaining Budget Balance before Change Order
No 2 $ 491,389.68
•Change Order No 2 $ 451,579.43
Betterment Cost BreakdownChange Order No 2
•Change Order No 2 $451,579.43
•City of Huntsville $148,978.22
•TxDOT $302,601.21
Total Betterment Cost to the City
•Proposed Contract Price $6,092,618.75
•Betterment Cost $ 832,838.55
•Reimbursement from TxDOT $5,259,780.20
•Original Construction Budget $6,132,429.00
Item/Subject: FIRST READING: Consider authorizing the City Manager to award the construction
contract for Water’s Edge Lift Station Force Main Replacement and Sanitary Sewer Replacement Project.
Project No. 20-10-04 and 21-10-04.
Initiating Department/Presenter: Engineering
Presenter: Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM – City Engineer
Recommended Motion: No Action required, first reading. Should the Council wish to waive the second
reading, the appropriate motion would be: Move to waive the requirements for reading on two
separate meetings and authorize the City Manager to enter into a construction contract with 5-T Utilities,
Inc. in the amount of $474,714.64 for the construction of the Water’s Edge Lift Station Force Main
Replacement (20-10-04) and Sanitary Sewer Replacement Project (Evergreen Drive, 21-10-04).
Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient manner.
Discussion: The City has been replacing existing deteriorated Sanitary Sewer lines and Force Mains in
the City each year to the extent the funding is made available for this purpose.
Deteriorated sanitary sewer line, force main segments and manholes have potential to cause leaks and
infrastructure collapses requiring costly maintenance on a recurring basis. Several such aged and
deteriorated segments have been replaced in the last several years.
Water’s Edge Lift Station Force Main (FM) Replacement project (20-10-04) is to replace the 8” FM that
is discharging from the Water’s Edge Lift Station. The existing line is a deteriorated cast iron force main
that has had too many repairs over the years. This project is to replace the deteriorated 8” sanitary
sewer force main which is approximately 900 LF and within existing City Utility Easements.
Evergreen Drive 6” Sanitary Sewer Main Replacement project (21-10-04) is to replace the deteriorated
6” sanitary sewer main which is approximately 1,550 LF also within existing City Utility Easements.
These two CIP projects were bid together to obtain better pricing. Notice to Bidders was posted on the
City of Huntsville website, Electronic State Business Daily and Public Purchase websites. A non-
mandatory pre-bid meeting was held on January 19, 2022, to allow all responders access to the city staff
for questions, comments, and clarifications on the scope of work. The bids were opened on January 25,
2022. Three bidders submitted bids for this project. Bidders and their total bids were:
•5-T Utilities $474,714.64
•Aranda Industries $858,435.00
•TLC Construction Contract Services $1,881,108.00
5-T Utilities has successfully completed several City of Huntsville water and sewer infrastructure projects
over the last 20 years.
3/2/2022 Agenda Item: 02d
CITY COUNCIL AGENDA
The available balance is $163,890 for Water’s Edge Lift Station 8” Force Main Replacement. The
available balance is $190,073 Evergreen Drive 6” Sanitary Sewer Line Replacement. Council was
provided a budget amendment for consideration for approval in an agenda item earlier in this meeting.
The budget amendment, if approved, provides an additional $82,737 of budget for the "Water’s Edge"
project and provides an additional $93,300 for the Evergreen Drive project. The total budget for the
projects after the budget amendment approval are: "Water’s Edge" - $246,627, and "Evergreen Drive"
-$283,373. This includes a contingency amount of $55,285.
Previous Council Actions:
a)The City Council approved the Engineering agreement with Gunda Corporation at the March 16,
2021, meeting – Project ID 21-10-04, Evergreen Drive 6” Sanitary Sewer Line Replacement.
Financial Implications:
☒Item is budgeted: In the amount of: $530,000
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
•Project Location Maps (Evergreen and Water’s Edge)
•Design Engineer Letter of recommendation for award
CITY SERVICE CENTER
448 STATE HIGHWAY 75
HUNTSVILLE, TX, 77320www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT/
GIS DIVISION
CREATED DATE: 5/12/20208
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
0 220 440110 ft
On Any Print Size
1 in = 200 ft
Layout: Tabloid (11 x 17) - Portrait
On 11 x 17 inch Print
Service Layer Credits: City of Huntsville GIS Division
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis
Water's Edge LS 8" FM Replacement
Project No. 20-10-04
RIVER OAKS DROAK HILLS DRBROADMOOR DR
SA
NDY OAKS DRB U R N IN G TR E E D REVERGREEN DRW O O D M O N T D R
BROADMOOR DR
EVERGREEN DRB
R
O
A
D
M
O
O
R D
RBROADMOOR DRR IV E R O A K S D R
EVERGR EEN DR
500200
4003006009
0
0
2200
200
500400
400400500500
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 2/21/2022
FY 20-21 Capital Improvement ProjectReplace 6in Sewer Line - Evergreen Dr
1 in = 200 ft
0 200 400100 Feet
On 8.5 x 11 inch Print
On Any Print Size
Service Layer Credits: The City of Huntsville, TX GIS Division
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis
Legend
FY20-21 Replace 6in Sewer Line - Evergreen Dr.
32731 Egypt Lane, Suite 501 Magnolia, Texas 77354
(P) 713.541.3530 www.gundacorp.com
GUNDA CORPORATION
Engineers, Planners & Managers
January 28, 2022
City of Huntsville
448 SH 75 North
Huntsville, Texas 77320
Attn: Kathlie Jeng Bulloch, P.E., D.WRE, CFM, City Engineer
Re: City of Huntsville
Water’s Edge Lift Station Force Main Replacement and
FY 2020/2021 Sanitary Sewer Replacement Project (Evergreen Drive)
City of Huntsville Project ID: 20-10-04 and 21-10-04
GUNDA Project No. 21007-00 and 21009-00
Tabulation of Bids Received and Engineer’s Recommendation
Dear Ms. Bulloch,
On January 25, 2022, a total of three (3) bids were received and opened for the Water’s Edge Lift Station
Force Main Replacement and FY 2020-2021 Sanitary Sewer Replacement Project (Evergreen Drive) in
accordance with the Notice to Bidders. The bids have been reviewed and tabulated, see enclosure.
5-T Utilities is the responsive low bidder in the amount $474,714.64. The bid included the five percent
(5%) bid bond.
We pose no objection to the recommendation of awarding the construction contract for City of Huntsville
Water’s Edge Lift Station Force Main Replacement and FY 2020/2021 Sanitary Sewer Replacement
Project (Evergreen Drive) to 5-T Utilities.
Below is a summary of our full review of the bids received for the project.
The Total Bid Price was utilized to establish the order of the bids and identification of apparent low bidder.
Bidders and their Total Bids were:
Contractor Total Bid Price Submitted
1) 5-T Utilities $474,714.64
2) Aranda Industries $858,435.00
3) TLC Construction Contract Services $1,881,108.00*
* Math error on bid form. The total on the bid form was higher than the calculated value.
If you have any questions, please do not hesitate to call.
Sincerely,
Patrick Rummel, P.E.
Project Manager
Enclosure: Project Bid Tabulation
Item/Subject: Consider the use of eminent domain to condemn property and discussion and possible
action to approve Resolution 2022-09 to initiate condemnation under Chapter 21 of the Texas Property
Code for an easement to lay a sanitary sewer line generally located approximately 1.5 miles north of
City Hall along the west side of Town Branch, across a property more particularly described as: 1) an
easement property being a strip of land, forty (40) feet in width, containing 0.365 acre of land, more or
less, situated in the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of
and upon a called 22.70 acre tract described in a Deed from Peak Interests Management, Corp. to Peak
Interest, Inc., recorded as Instrument Number 53538, Official Public Records of Walker County, Texas
Initiating Department/Presenter: Engineering
Presenter: Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM – City Engineer
Recommended Motion: "I move that the City of Huntsville, Texas authorize the use of the power of
eminent domain to acquire a strip of land, forty (40) feet in width, containing 0.365 acre of land, more
or less, situated in the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of
and upon a called 22.70 acre tract described in a Deed from Peak Interests Management, Corp. to Peak
Interest, Inc., recorded as Instrument Number 53538, Official Public Records of Walker County, Texas
for the replacement of an old sanitary sewer line in poor condition with a new sanitary sewer to provide
service to current customers and to provide for future development.”
NOTE: A record vote is required on any action on this agenda item by Government Code 2206.053(a)(1)
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: This agenda item is pertaining to propose improvements to upsizing A. J. Brown Basin
Trunk Sewer Main along Parker Creek, between A.J. Brown Wastewater Treatment Plant (WWTP) and
TDCJ Byrd Unit at the southwest corner of FM 2821 and FM 247 (Map attached).
The improvements primarily involve replacing existing trunk sanitary sewer mains which were installed
approximately 40 years ago, with upsized mains from 24” and 30” to 42” and 48”; and better material
types as identified in the 2016 Water and Wastewater Condition and Capacity Assessment Studies.
City currently has a 20-foot-wide easement for the existing line. The City contracted with the
engineering firm, Enprotec / Hibbs & Todd, Inc. to design the new line and develop construction plans.
The Design Plan indicated that a 40-foot-wide permanent easement is needed for construction and
future maintenance of the new line. The Engineer also recommended that a 20-foot-wide temporary
construction Easement (TCE) on both sides of the 40-foot-wide permanent easement. The TCE would
expire 12 months after new construction is accepted by the city.
There are seven (7) easements required for the new line. Three (3) of the property owners, Mr.
Larrison, Entergy Texas, Inc., and Gibbs Brothers & Company accepted the offer by the City of Huntsville.
3/1/22 Agenda Item: 02e
CITY COUNCIL AGENDA
A resolution is required by Chapter 21 of the Texas Property Code to initiate the condemnation
process. Attached Resolution 2022-09 is to initiate the condemnation for an easement to lay a sanitary
sewer line on the property previously described above in this coversheet and the recommended
motion.
Previous Council Action: On November 16, 2021, the City Council authorized the staff to start the
process to acquire easements.
Financial Implications: ☒There is no financial impact associated with this item.
Approvals: ☒City Attorney ☒Director of Finance ☒City Manager
Associated Information:
•Area Map
•Location Map
•Resolution NO. 2022 - 09
FM 2821 W FM 247FM 2821 EUV2821
UV247QUALITY BLVDM
A
R
TIN L
UTH
E
R KIN
G JR D
RAMERICAN LEGION DRGRIVICH DR
CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION80260520130FEET
CREATED DATE: 2/17/2022
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 500 ft
On 8.5 x 11 inch Print
Service Layer Credits: City of Huntsville, TX, GIS Division
Peak Interest Resolution
Resolution No. 2022-09
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See the full GIS Data Disclaimer at: www.huntsvilletx.gov/438/City-Maps
PROPOSED 40 FOOT EASEMENTREPLACING EXISTING 20 FOOT EASEMENTPEAK INTEREST, INC TRACT
Legend
<= 12" Surveyed Sewer Gravity Main
> 12" Surveyed Sewer Gravity Main
Sewer Plant
UV2821 UV2821
UV247
UV980
Æÿ19
Æÿ19
Æÿ19 Æÿ30
Æÿ19
ANDERSLN
ELLISOR RD
HORNETWAYJENKINS RD
MIM
O
S
A L
NEMERY OAK WAYMOTT LNPRICE LNHILLCATESLANERED DEERWAY
QUALI
TYBLVDSHOTWELLCI
RBERING DRIVELEIGH ANNE ST
NEWDAWNTRL
TRACYST
PARRDR
SIMMONSSTREEVES
RD
MCLEODDR
DUKE LN
SHADYLN DOERUN DRALLEN RD
AMERICANLEGION DRMA
RT
I
N
L
U
T
HE
R
K
I
N
G
J
R
DR
R
E
D BIR
D L
N
BL
U
E
BIR
D LN
RYANSFERRY RDGRIVICH DR
OVERHILL DR
TO W N A ND
COUNTRY LN
MCADAMS LN
M
O
C
KIN
G
BIR
D
LNPARKER CREEK RDC O W B OY C O UNT RY RO AD
R
OSEN
W
ALL RD
A.J.BrownWWTP
CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION801,000 2,000500FEET
CREATED DATE: 2/17/2022
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 2,000 ft
On 8.5 x 11 inch Print
Service Layer Credits: City of Huntsville, TX, GIS Division
Location Map for A J Brown Eminent Domain/Condemnation EasementsResolutions No. 2020-09, 2020-10, 2020-11, 2022-12
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See the full GIS Data Disclaimer at: www.huntsvilletx.gov/438/City-Maps
PEET TRACTRESOLUTION 2022-11
Legend
<= 12" Surveyed Sewer Gravity Main
> 12" Surveyed Sewer Gravity Main
Theoretical Sewer Gravity Main
Sewer Plant
ELLISOR TRACTRESOLUTION NO 2022-12
THOMASON TRACTRESOLUTION 2022-10
PEAK INTERESTS TRACTRESOLUTION NO 2022-09
RESOLUTION NO. 2022-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AUTHORIZING
INITIATION OF CONDEMNATION PROCEEDING TO ACQUIRE A PERMANENT UTILITY
EASEMENT FOR THE REPLACEMENT OF A SANITARY SEWER TRUNK LINE UPON CERTAIN
PROPERTY SITUATED IN WALKER COUNTY, TEXAS.
THE STATE OF TEXAS §
COUNTY OF WALKER §
WHEREAS The Huntsville City Council desires to promote the health, safety and welfare of its citizens and
provide utility service; and
WHEREAS The City of Huntsville maintains a sanitary sewer main across the easement property. The line
was installed approximately 40 years ago and is in poor condition.
WHEREAS Due to increased residential and commercial development the line is reaching its load capacity.
The line must be replaced with a larger one to provide for future development. This will require a
wider easement for installation and maintenance of the replacement line.
WHEREAS Council has determined need to provide adequate wastewater services to promote growth and
maintain sanitary conditions is in the public’s best interest.
WHEREAS A certified Appraisal of the easement property has been made and an initial offer has been made
to the Owner.
WHEREAS The Texas Government Code requires that before a governmental entity such as the City can
initiate a condemnation proceeding by filing a petition the City must authorize the proceeding at a
public meeting by a record vote.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS that:
SECTION 1: The City Council has authorized, by public vote, at its regular public council meeting on
_______________, 2022, the use of the power of eminent domain to acquire: (1) an easement property being a strip
of land, forty (40) feet in width, containing 0.365 acre of land, more or less, situated in the WILEY PARKER
LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 22.70 acre tract described
in a Deed from Peak Interests Management, Corp. to Peak Interest, Inc., recorded as Instrument Number 53538,
Official Public Records of Walker County, Texas, more particularly described by metes and bounds in Exhibit “A”
and shown on a Plat in Exhibit “B”, attached hereto and incorporated herein for all purposes.
The current need and purpose of the easement is for the replacement of an old sanitary sewer line in poor condition
with a new sanitary sewer line to provide service to current customers and to provide for future development.
SECTION 2: The City Manager and/or his designee and the City Attorney are given authority to take all steps
necessary to initiate the condemnation proceeding pursuant to Chapter 21 of the Texas Property Code, including,
but not limited to, the filing of a petition under Section 21.012 of the Texas Property Code.
SECTION 3: This Resolution shall take effect immediately from and after its passage and it is so duly resolved.
DULY PASSED AND ADOPTED by the City Council of the City of Huntsville, Texas, 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”
Page 1 of 2
CITY OF HUNTSVILLE, TEXAS Surveying – Division 719 448 State Hwy. 75 North Huntsville, Texas 77320 THE STATE OF TEXAS §
COUNTY OF WALKER §
I, Leonard E. Woods, Registered Professional Land Surveyor No. 2524, do hereby certify that the following field notes represent a survey made on the ground of the following described tract or parcel of land located in Walker County, Texas. Coordinates and bearings herein are
referred to the Texas Coordinate System of 1983, Central Zone and are based on the position of
National Geodetic Survey (formerly known as the U. S. Coast & Geodetic Survey) Primary Airport Control Station (PACS) monument designated “T39 A” having published NAD 83 (1993) coordinates of N= 3,128,437.762 meters and E= 1,154,289.433 meters. Distances herein are U. S. Survey Feet in “Grid” units and may be converted to “Geodetic Horizontal” by dividing
by a combined scale factor of 0.99988.
PROPOSED 40 FOOT WIDE UTILITY EASEMENT UPON PEAK INTEREST, INC. PROPERTY
WILEY PARKER LEAGUE, A-37
WALKER COUNTY, TEXAS Being a strip of land, forty (40) feet in width, containing 0.365 acre of land, more or less, situated in the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being
out of and upon a called 22.70 acre tract described in a Deed from Peak Interests Management,
Corp. to Peak Interest, Inc., recorded as Instrument Number 53538, Official Public Records of Walker County, Texas, said 0.365 acre being described by metes and bounds as follows: BEGINNING on the south line of said Peak Interest 22.70 acre tract, at the northeast
corner of a called 4.76 acre tract described in a Deed from W.R. Coffey, Trustee to Jerry
Larrison and Barbara Larrison, husband and wife, recorded in Volume 187, page 612, Official Public Records and the northwest corner of a called 4 acre tract described in a Deed from John H. Rizzo, et ux to Gulf States Utilities Company, recorded in Volume 214, page 29, Deed Records of Walker County, Texas, found a 5/8” iron rod for corner, having coordinates of N=
10,266,332.26 feet and E= 3,798,237.21 feet;
THENCE S 86°51’13” W, with the common line of said Peak Interest 22.70 acre and Larrison 4.76 acre tracts, a distance of 47.25 feet to a point for corner, from which a 5/8” iron rod found in the west right-of-way line Quality Boulevard (a City-maintained street) for the
southwest corner of said Peak Interest 22.70 acre tract and the northwest corner of said Larrison
4.76 acre tract bears S 86°51’13” W 446.05 feet; THENCE N 29°01’58” E a distance of 352.31 feet to a point within said Peak Interest 22.70 acre tract;
THENCE N 46°05’22” E a distance of 56.76 feet to a point for corner in the centerline of a watercourse know locally as Town Branch, said Town Branch being the southeast boundary line of said Peak Interest 22.70 acre tract and the west boundary line of a called 8.03 acre tract, described in a Deed from First National Bank of Huntsville to Gulf States Utilities Company,
recorded in Volume 107, page 153, Official Public Records; THENCE S 62°17’45” E, upstream with the meanders of said Town Branch, a distance of 42.15 feet to a point for corner;
THENCE S 46°05’22” W a distance of 64.06 feet to a point within said Peak Interest 22.70 acre tract; THENCE S 29°01’58” W, across said Peak Interest 22.70 acre tract, a distance of 321.15 feet to the POINT OF BEGINNING.
Peak Interest, Inc. 0.365 Ac. U.E. Page W. PARKER LGE., A-37
Walker County, Texas
EXHIBIT “A”
Page 2 of 2
2
Surveyed: June 2021.
Signed_________________________________ Leonard E. Woods Reg. Prof. Land Surveyor No. 2524
Y:\SURVEYORS\PROJECTS\COH21\UE\21-03-01 Trunk line Byrd Unit to A. J. Brown Treatment Plant\Peak Interest.fns.doc
Item/Subject: Consider the use of eminent domain to condemn property and discussion, and
possible action to approve Resolution 2022-10 to initiate condemnation under Chapter 21 of the
Texas Property Code for an easement to lay a sanitary sewer line generally located approximately 3.5
miles north northeast of City Hall along the east side of Parker Creek, across a property more
particularly described as: 1) an easement property being a strip of land, forty (40) feet in width,
containing 3.523 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36
and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a
called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to
Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page
201, Official Public Records of Walker County, Texas. 2) an easement property being a strip of land,
twenty (20) feet in width, containing 0.778 acre of land, more or less, situated in the JESSE PARKER
LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and
being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family
Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded
in Volume 753, page 201, Official Public Records of Walker County, Texas.
Initiating Department/Presenter: Engineering
Presenter: Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM – City Engineer
Recommended Motion: "I move that the City of Huntsville, Texas authorize the use of the power of
eminent domain to acquire a strip of land, forty (40) feet in width, containing 3.523 acres of land, more
or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract
No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed
from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason,
dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas.
2) being a strip of land, twenty (20) feet in width, containing 0.778 acre of land, more or less, situated
in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker
County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy
Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2,
2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas for the
replacement of an old sanitary sewer line in poor condition with a new sanitary sewer to provide service
to current customers and to provide for future development.”
NOTE: A record vote is required on any action on this agenda item by Government Code 2206.053(a)(1)
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.
This agenda item is pertaining to propose improvements to upsizing A. J. Brown Basin Trunk Sewer Main
along Parker Creek, between A.J. Brown Wastewater Treatment Plant (WWTP) and TDCJ Byrd Unit at
the southwest corner of FM 2821 and FM 247 (Map attached).
3/1/22 Agenda Item 02f:
CITY COUNCIL AGENDA
The improvements primarily involve replacing existing trunk sanitary sewer mains which were installed
approximately 40 years ago, with upsized mains from 24” and 30” to 42” and 48”; and better material
types as identified in the 2016 Water and Wastewater Condition and Capacity Assessment Studies.
City currently has a 20-foot-wide easement for the existing line. The City contracted with the
engineering firm, Enprotec / Hibbs & Todd, Inc. to design the new line and develop construction plans.
The Design Plan indicated that a 40-foot-wide permanent easement is needed for construction and
future maintenance of the new line. The Engineer also recommended that a 20-foot-wide temporary
construction Easement (TCE) on both sides of the 40-foot-wide permanent easement. The TCE would
expire 12 months after new construction is accepted by the city.
There are seven (7) easements required for the new line. Three (3) of the property owners, Mr.
Larrison, Entergy Texas, Inc., and Gibbs Brothers & Company accepted the offer by the City of Huntsville.
A resolution is required by Chapter 21 of the Texas Property Code to initiate the condemnation
process. Attached Resolution 2022-010 is to initiate the condemnation for an easement to lay a
sanitary sewer line on the property previously described above in this coversheet and the
recommended motion.
Previous Council Action: On November 16, 2021, the City Council authorized the staff to start the
process to acquire easements.
Financial Implications: ☒There is no financial impact associated with this item.
Approvals: ☒City Attorney ☒Director of Finance ☒City Manager
Associated Information:
•Area Map
•Location Map
•Resolution NO. 2022 - 10
SH19F
M2
4
7 SH19FM 980UV247
UV980
Æÿ19
Æÿ19 Æÿ19
STAG DR
EMERYOAKWAY
BATESCOURTGREENHAVEN DR
LEIGHANNE STTRACY ST
DUKE LN
ELLISOR RD
DOERUN DRPARKER CREEK RDA.J. BrownWWTP
CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION806501,300325FEET
CREATED DATE: 2/17/2022
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 1,250 ft
On 8.5 x 11 inch Print
Service Layer Credits: City of Huntsville, TX, GIS Division
Thomason Resolution
Resolution No. 2022-10
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See the full GIS Data Disclaimer at: www.huntsvilletx.gov/438/City-Maps
PROPOSED 40 FOOT EASEMENTREPLACING EXISTING 20 FOOT EASEMENT
THOMASON TRACT
Legend
<= 12" Surveyed Sewer Gravity Main
> 12" Surveyed Sewer Gravity Main
Sewer Plant
UV2821 UV2821
UV247
UV980
Æÿ19
Æÿ19
Æÿ19 Æÿ30
Æÿ19
ANDERSLN
ELLISOR RD
HORNETWAYJENKINS RD
MIM
O
S
A L
NEMERY OAK WAYMOTT LNPRICE LNHILLCATESLANERED DEERWAY
QUALI
TYBLVDSHOTWELLCI
RBERING DRIVELEIGH ANNE ST
NEWDAWNTRL
TRACYST
PARRDR
SIMMONSSTREEVES
RD
MCLEODDR
DUKE LN
SHADYLN DOERUN DRALLEN RD
AMERICANLEGION DRMA
RT
I
N
L
U
T
HE
R
K
I
N
G
J
R
DR
R
E
D BIR
D L
N
BL
U
E
BIR
D LN
RYANSFERRY RDGRIVICH DR
OVERHILL DR
TO W N A ND
COUNTRY LN
MCADAMS LN
M
O
C
KIN
G
BIR
D
LNPARKER CREEK RDC O W B OY C O UNT RY RO AD
R
OSEN
W
ALL RD
A.J.BrownWWTP
CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION801,000 2,000500FEET
CREATED DATE: 2/17/2022
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 2,000 ft
On 8.5 x 11 inch Print
Service Layer Credits: City of Huntsville, TX, GIS Division
Location Map for A J Brown Eminent Domain/Condemnation EasementsResolutions No. 2020-09, 2020-10, 2020-11, 2022-12
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See the full GIS Data Disclaimer at: www.huntsvilletx.gov/438/City-Maps
PEET TRACTRESOLUTION 2022-11
Legend
<= 12" Surveyed Sewer Gravity Main
> 12" Surveyed Sewer Gravity Main
Theoretical Sewer Gravity Main
Sewer Plant
ELLISOR TRACTRESOLUTION NO 2022-12
THOMASON TRACTRESOLUTION 2022-10
PEAK INTERESTS TRACTRESOLUTION NO 2022-09
RESOLUTION NO. 2022-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AUTHORIZING
INITIATION OF CONDEMNATION PROCEEDING TO ACQUIRE A PERMANENT UTILITY
EASEMENT FOR THE REPLACEMENT OF A SANITARY SEWER TRUNK LINE UPON CERTAIN
PROPERTY SITUATED IN WALKER COUNTY, TEXAS.
THE STATE OF TEXAS §
COUNTY OF WALKER §
WHEREAS The Huntsville City Council desires to promote the health, safety and welfare of its citizens and
provide utility service; and
WHEREAS The City of Huntsville maintains a sanitary sewer main across the easement property. The line
was installed approximately 40 years ago and is in poor condition.
WHEREAS Due to increased residential and commercial development the line is reaching its load capacity.
The line must be replaced with a larger one to provide for future development. This will require a
wider easement for installation and maintenance of the replacement line.
WHEREAS Council has determined need to provide adequate wastewater services to promote growth and
maintain sanitary conditions is in the public’s best interest.
WHEREAS A certified Appraisal of the easement property has been made and an initial offer has been made
to the Owner.
WHEREAS The Texas Government Code requires that before a governmental entity such as the City can
initiate a condemnation proceeding by filing a petition the City must authorize the proceeding at a
public meeting by a record vote.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS that:
SECTION 1: The City Council has authorized, by public vote, at its regular public council meeting on
_______________, 2022, the use of the power of eminent domain to acquire: 1) a strip of land, forty (40) feet in
width, containing 3.523 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and
the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63
acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife,
Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker
County, Texas. 2) being a strip of land, twenty (20) feet in width, containing 0.778 acre of land, more or less,
situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37,
Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy
Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006,
recorded in Volume 753, page 201, Official Public Records of Walker County, Texas, more particularly described
by metes and bounds in Exhibit “A” and shown on a Plat in Exhibit “B”, attached hereto and incorporated herein
for all purposes.
The current need and purpose of the easement is for the replacement of an old sanitary sewer line in poor condition
with a new sanitary sewer line to provide service to current customers and to provide for future development.
SECTION 2: The City Manager and/or his designee and the City Attorney are given authority to take all steps
necessary to initiate the condemnation proceeding pursuant to Chapter 21 of the Texas Property Code, including,
but not limited to, the filing of a petition under Section 21.012 of the Texas Property Code.
SECTION 3: This Resolution shall take effect immediately from and after its passage and it is so duly resolved.
DULY PASSED AND ADOPTED by the City Council of the City of Huntsville, Texas, 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”
Page 1 of 3
CITY OF HUNTSVILLE, TEXAS Surveying – Division 719 448 State Hwy. 75 North Huntsville, Texas 77320
THE STATE OF TEXAS § COUNTY OF WALKER §
I, Leonard E. Woods, Registered Professional Land Surveyor No. 2524, do hereby certify that the following field notes represent a survey made on the ground of the following described tract or parcel of land located in Walker County, Texas. Coordinates and bearings herein are referred to the Texas Coordinate System of 1983, Central Zone and are based on the position of National Geodetic Survey (formerly known as
the U. S. Coast & Geodetic Survey) Primary Airport Control Station (PACS) monument designated “T39 A”
having published NAD 83 (1993) coordinates of N= 3,128,437.762 meters and E= 1,154,289.433 meters. Distances herein are U. S. Survey Feet in “Grid” units and may be converted to “Geodetic Horizontal” by dividing by a combined scale factor of 0.99988.
PROPOSED UTILITY EASEMENTS
UPON EDWIN E. THOMASON and wife, SANDY S. THOMASON PROPERTY JESSE PARKER LEAGUE, A-36 WILEY PARKER LEAGUE, A-37
WALKER COUNTY, TEXAS
SEGMENT ONE – 40 FOOT WIDE EASEMENT
Being a strip of land, forty (40) feet in width, containing 3.523 acres of land, more or less, situated in
the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas, said 40
foot wide strip lying ten (10) feet on the right side (northwesterly) and thirty (30) feet on the left side
(southeasterly), as measured at right angles, from the following described baseline, shortening or lengthening the side lines of said strip to terminate on property or existing easement lines so as not to create overlaps or gaps:
COMMENCING, for reference only, in the north line of a said Thomason 488.63 acre tract and the
southeast corner of a called 204.00 acre tract described in a Deed from Raymond Blalock, II to John Joseph Peet and Kimberly Layne Peet, dated March 8, 2019, recorded as Instrument Number 45569, Official Public Records, a point in an old fence line for corner, in the west line of TR.-1 92.96 AC. according to a Plat of Calvin M. Ellisor Property Tracts 1 & 2 recorded in Volume 4, page 4, Plat Records of Walker County,
Texas, said Tract 1 (92.96 acres) conveyed in a Deed from Calvin M. Ellisor and wife, Irene Ellisor to Jerry
Ellisor and Byron Ellisor, dated February 15, 2007, recorded in Volume 794, page 462, Official Public Records, from which a 18” Post Oak used as a fence corner (fallen), being the recognized northeast corner of said Thomason 488.63 acre tract, bears S 66°19’30” E 27.34 feet, and a 1/2" iron rod found with a plastic cap stamped “McAdams 2005” for an angle corner in the west line of said Ellisor 92.96 acre tract, bears S
16°50’04” E 25.73 feet;
Thomason 3.523 Ac. and 0.778 Ac. U.E. Page J. PARKER LGE., A-36
W. PARKER LGE., A-37 Walker County, Texas
EXHIBIT “A”
Page 2 of 3
2
THENCE N 66°19’30” W, with the north line of said Thomason 488.63 acre tract and the south line of said Peet 204.00 acre tract, a distance of 1,596.61 feet to the POINT OF BEGINNING, a point for corner, having coordinates of N= 10,277,047.83 feet and E= 3,806,103.66 feet, and from which a fence corner post found on the east side of F. M. 980 in the common line of said Peet 204.00 acre and Thomason
488.63 acre tracts bears N 66°19’30” W 5,419.78 feet. THENCE across said Thomason 488.63 acre tract along an existing sanitary sewer line as follows: 1. S 30°05’29” W a distance of 1,061.59 feet to a sanitary sewer manhole at the intersection of two
existing sewer lines; 2. S 40°16’15” W a distance of 768.26 feet to a sanitary sewer manhole; 3. S 40°14’28” W a distance of 1,095.58 feet to a sanitary sewer manhole; 4. S 56°00’26” W a distance of 617.57 feet to a sanitary sewer manhole; 5. N 36°34’42” W a distance of 81.81 feet to a sanitary sewer manhole;
and 6. S 66°27’50” W a distance of 200.02 feet to the POINT OF TERMINATION, a point for corner in the centerline of an unnamed branch, having coordinates of N= 10,274,347.39 feet and E= 3,803,622.88 feet, being in a west line of said Thomason 488.63 acre tract and an east line of a called 1180.56 acre tract, in said WILEY PARKER LEAGUE, described in a Deed from W. S. Gibbs, et al to Gibbs Brothers & Company,
recorded in Volume 40, page 39, Deed Records of Walker County, Texas, and specifically an east line of a called 343 acre tract, (being a portion of said 1180.56 acre tract), described as Second Tract of Fifty Seventh Tract, in a Deed to Mrs. Sallie E. Gibbs, recorded in Volume 16, page 235, Deed Records.
SEGMENT TWO – 20 FOOT WIDE EASEMENT Being a strip of land, twenty (20) feet in width, containing 0.778 acre of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36 and the WILEY PARKER LEAGUE, Abstract No. 37, Walker County, Texas, and being out of and upon a called 488.63 acre tract described in a Deed from
Dorothy Thomason Family Partnership, LTD. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records of Walker County, Texas, said 20 foot wide strip lying five (5) feet on the right side (easterly) and fifteen (15) feet on the left side (westerly), as measured at right angles, from the following described baseline, shortening or lengthening the side lines of said strip to terminate on property or existing easement lines so as not to create overlaps or gaps:
COMMENCING, for reference only, in the most easterly south line of a said Thomason 488.63 acre tract and a northeast corner of a called 1351.7 acre tract, in said JESSE PARKER LEAGUE, described in a Deed from W. S. Gibbs, et al to Gibbs Brothers & Company, recorded in Volume 40, page 39, Deed Records of Walker County, Texas, and specifically the most northerly northeast corner of a called 199.75 acre tract,
(being a portion of said 1351.7 acre tract), described in a Deed to Mrs. Sallie E. Gibbs, recorded in Volume 9, page 235, Deed Records, found a 3” diameter concrete monument for corner, having coordinates of N= 10,274,851.08 Feet and E= 3,806.993.51 Feet;
Thomason 3.523 Ac. and 0.778 Ac. U.E. Page J. PARKER LGE., A-36
W. PARKER LGE., A-37 Walker County, Texas
EXHIBIT “A”
Page 3 of 3
3
THENCE S 67°17’30” W with the common line of said Thomason 488.63 acre and Gibbs Brothers & Company 1351.7 acre tracts, a distance of 944.63 feet to the POINT OF BEGINNING, from which a 12d nail found on the north side of a 13” Sweet Gum used as a fence corner and was replaced with a 1/2" iron rod with a 2” diameter aluminum cap stamped “L. E. Woods RPLS 2425” for an angle corner in the common line of said Thomason 488.63 acre and Gibbs Brothers & Company 1351.7 acre tracts, bears S 67°17’30” W
1,136.04 feet, said corner being witnessed by a 13” Sweet Gum, found marked “X”, bearing S 14° E 0.6 foot, a 12” Elm, found marked “X”, bearing N 10° W 10.7 feet and a 22” Water Oak, found marked “X”, bearing S 39° W 47.3 feet; THENCE within said Thomason 488.63 acre tract as follows:
1. N 29°09’10” W a distance of 34.07 feet to a sanitary sewer manhole; 2. N 18°19’04” W a distance of 400.59 feet to a sanitary sewer manhole; 3. N 18°24’41” W a distance of 449.42 feet to a sanitary sewer manhole; 4. N 18°14’45” W a distance of 401.39 feet to a sanitary sewer manhole;
and 5. N 18°17’42” W a distance of 447.86 feet to a sanitary sewer manhole at the intersection of two existing sewer lines for the POINT OF TERMINATION, having coordinates of N= 10,276,129.31 feet and E= 3,805,571.40 feet.
Surveyed: June 2021.
Signed_________________________________
Leonard E. Woods Reg. Prof. Land Surveyor No. 2524
Y:\SURVEYORS\PROJECTS\COH21\UE\21-03-01 Trunk line Byrd Unit to A. J. Brown Treatment Plant\THOMASON.fns.doc
Item/Subject: Consider the use of eminent domain to condemn property and discussion, and possible
action to approve Resolution 2022-11 to initiate condemnation under Chapter 21 of the Texas Property
Code for an easement to lay a sanitary sewer line generally located approximately 3.9 miles north
northeast of City Hall along the southeast side of Parker Creek, across a property more particularly
described as: 1) an easement property being a strip of land, forty (40) feet in width, containing 2.222
acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County,
Texas, and being out of and upon a called 204.00 acre tract described in a Deed from Raymond Blalock,
II to John Joseph Peet and Kimberly Layne Peet, dated March 8, 2019, recorded as Instrument Number
45569, Official Public Records of Walker County, Texas.
Initiating Department/Presenter: Engineering
Presenter: Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM – City Engineer
Recommended Motion: "I move that the City of Huntsville, Texas authorize the use of the power of
eminent domain to acquire a strip of land, forty (40) feet in width, containing 2.222 acres of land, more
or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County, Texas, and being out of
and upon a called 204.00 acre tract described in a Deed from Raymond Blalock, II to John Joseph Peet
and Kimberly Layne Peet, dated March 8, 2019, recorded as Instrument Number 45569, Official Public
Records of Walker County, Texas for the replacement of an old sanitary sewer line in poor condition
with a new sanitary sewer to provide service to current customers and to provide for future
development.”
NOTE: A record vote is required on any action on this agenda item by Government Code 2206.053(a)(1)
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: This agenda item is pertaining to propose improvements to upsizing A. J. Brown Basin Trunk
Sewer Main along Parker Creek, between A.J. Brown Wastewater Treatment Plant (WWTP) and TDCJ
Byrd Unit at the southwest corner of FM 2821 and FM 247 (Map attached).
The improvements primarily involve replacing existing trunk sanitary sewer mains which were installed
approximately 40 years ago, with upsized mains from 24” and 30” to 42” and 48”; and better material
types as identified in the 2016 Water and Wastewater Condition and Capacity Assessment Studies.
City currently has a 20-foot-wide easement for the existing line. The City contracted with the
engineering firm, Enprotec / Hibbs & Todd, Inc. to design the new line and develop construction plans.
The Design Plan indicated that a 40-foot-wide permanent easement is needed for construction and
future maintenance of the new line. The Engineer also recommended that a 20-foot-wide temporary
construction Easement (TCE) on both sides of the 40-foot-wide permanent easement. The TCE would
expire 12 months after new construction is accepted by the city.
3/1/22 Agenda Item: 02g
CITY COUNCIL AGENDA
There are seven (7) easements required for the new line. Three (3) of the property owners, Mr.
Larrison, Entergy Texas, Inc., and Gibbs Brothers & Company accepted the offer by the City of Huntsville.
A resolution is required by Chapter 21 of the Texas Property Code to initiate the condemnation
process. Attached Resolution 2022-11 is to initiate the condemnation for an easement to lay a sanitary
sewer line on the property previously described above in this coversheet and the recommended
motion.
Previous Council Action: On November 16, 2021, the City Council authorized the staff to start the
process to acquire easements.
Financial Implications: ☒There is no financial impact associated with this item.
Approvals: ☒City Attorney ☒Director of Finance ☒City Manager
Associated Information:
•Area Map
•Location Map
•Resolution NO. 2022 – 11
FM
9
80UV980
STAGDR STA GDRBATESCOURT
EMERY OAK WAYGREENHAVEN DR
TRACY ST
LEIGHANNE ST ALLBRITTONRDP IN E C R E S T D R
DOERUN DRELLISOR RDPARKER CREEK RDA.J. BrownWWTP
CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION805251,050262.5 FEET
CREATED DATE: 2/17/2022
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 1,000 ft
On 8.5 x 11 inch Print
Service Layer Credits: City of Huntsville, TX, GIS Division
Peet Resolution
Resolution No. 2022-11
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See the full GIS Data Disclaimer at: www.huntsvilletx.gov/438/City-Maps
PROPOSED 40 FOOT EASEMENTREPLACING EXISTING 20 FOOT EASEMENTPEET TRACT
Legend
<= 12" Surveyed Sewer Gravity Main
> 12" Surveyed Sewer Gravity Main
Sewer Plant
UV2821 UV2821
UV247
UV980
Æÿ19
Æÿ19
Æÿ19 Æÿ30
Æÿ19
ANDERSLN
ELLISOR RD
HORNETWAYJENKINS RD
MIM
O
S
A L
NEMERY OAK WAYMOTT LNPRICE LNHILLCATESLANERED DEERWAY
QUALI
TYBLVDSHOTWELLCI
RBERING DRIVELEIGH ANNE ST
NEWDAWNTRL
TRACYST
PARRDR
SIMMONSSTREEVES
RD
MCLEODDR
DUKE LN
SHADYLN DOERUN DRALLEN RD
AMERICANLEGION DRMA
RT
I
N
L
U
T
HE
R
K
I
N
G
J
R
DR
R
E
D BIR
D L
N
BL
U
E
BIR
D LN
RYANSFERRY RDGRIVICH DR
OVERHILL DR
TO W N A ND
COUNTRY LN
MCADAMS LN
M
O
C
KIN
G
BIR
D
LNPARKER CREEK RDC O W B OY C O UNT RY RO AD
R
OSEN
W
ALL RD
A.J.BrownWWTP
CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION801,000 2,000500FEET
CREATED DATE: 2/17/2022
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 2,000 ft
On 8.5 x 11 inch Print
Service Layer Credits: City of Huntsville, TX, GIS Division
Location Map for A J Brown Eminent Domain/Condemnation EasementsResolutions No. 2020-09, 2020-10, 2020-11, 2022-12
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See the full GIS Data Disclaimer at: www.huntsvilletx.gov/438/City-Maps
PEET TRACTRESOLUTION 2022-11
Legend
<= 12" Surveyed Sewer Gravity Main
> 12" Surveyed Sewer Gravity Main
Theoretical Sewer Gravity Main
Sewer Plant
ELLISOR TRACTRESOLUTION NO 2022-12
THOMASON TRACTRESOLUTION 2022-10
PEAK INTERESTS TRACTRESOLUTION NO 2022-09
RESOLUTION NO. 2022-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AUTHORIZING
INITIATION OF CONDEMNATION PROCEEDING TO ACQUIRE A PERMANENT UTILITY
EASEMENT FOR THE REPLACEMENT OF A SANITARY SEWER TRUNK LINE UPON CERTAIN
PROPERTY SITUATED IN WALKER COUNTY, TEXAS.
THE STATE OF TEXAS §
COUNTY OF WALKER §
WHEREAS The Huntsville City Council desires to promote the health, safety and welfare of its citizens and
provide utility service; and
WHEREAS The City of Huntsville maintains a sanitary sewer main across the easement property. The line
was installed approximately 40 years ago and is in poor condition.
WHEREAS Due to increased residential and commercial development the line is reaching its load capacity.
The line must be replaced with a larger one to provide for future development. This will require a
wider easement for installation and maintenance of the replacement line.
WHEREAS Council has determined need to provide adequate wastewater services to promote growth and
maintain sanitary conditions is in the public’s best interest.
WHEREAS A certified Appraisal of the easement property has been made and an initial offer has been made
to the Owner.
WHEREAS The Texas Government Code requires that before a governmental entity such as the City can
initiate a condemnation proceeding by filing a petition the City must authorize the proceeding at a
public meeting by a record vote.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS that:
SECTION 1: The City Council has authorized, by public vote, at its regular public council meeting on
_______________, 2022, the use of the power of eminent domain to acquire: (1) an easement property being a strip
of land, forty (40) feet in width, containing 2.222 acres of land, more or less, situated in the JESSE PARKER
LEAGUE, Abstract No. 36, Walker County, Texas, and being out of and upon a called 204.00 acre tract described
in a Deed from Raymond Blalock, II to John Joseph Peet and Kimberly Layne Peet, dated March 8, 2019, recorded
as Instrument Number 45569, Official Public Records of Walker County, Texas, more particularly described by
metes and bounds in Exhibit “A” and shown on a Plat in Exhibit “B”, attached hereto and incorporated herein for
all purposes.
The current need and purpose of the easement is for the replacement of an old sanitary sewer line in poor condition
with a new sanitary sewer line to provide service to current customers and to provide for future development.
SECTION 2: The City Manager and/or his designee and the City Attorney are given authority to take all steps
necessary to initiate the condemnation proceeding pursuant to Chapter 21 of the Texas Property Code, including,
but not limited to, the filing of a petition under Section 21.012 of the Texas Property Code.
SECTION 3: This Resolution shall take effect immediately from and after its passage and it is so duly resolved.
DULY PASSED AND ADOPTED by the City Council of the City of Huntsville, Texas, 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”
Page 1 of 2
CITY OF HUNTSVILLE, TEXAS Surveying – Division 719 448 State Hwy. 75 North Huntsville, Texas 77320
THE STATE OF TEXAS § COUNTY OF WALKER §
I, Leonard E. Woods, Registered Professional Land Surveyor No. 2524, do hereby certify that the following field notes represent a survey made on the ground of the following described tract or parcel of land located in Walker County, Texas. Coordinates and bearings herein are referred to the Texas Coordinate System of 1983, Central Zone and are based on the position of National Geodetic Survey (formerly known as
the U. S. Coast & Geodetic Survey) Primary Airport Control Station (PACS) monument designated “T39 A”
having published NAD 83 (1993) coordinates of N= 3,128,437.762 meters and E= 1,154,289.433 meters. Distances herein are U. S. Survey Feet in “Grid” units and may be converted to “Geodetic Horizontal” by dividing by a combined scale factor of 0.99988.
PROPOSED 40 FOOT WIDE UTILITY EASEMENT
UPON JOHN JOSEPH PEET AND KIMBERLY LAYNE PEET PROPERTY JESSE PARKER LEAGUE, A-36 WALKER COUNTY, TEXAS
Being a strip of land, forty (40) feet in width, containing 2.222 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County, Texas, and being out of and upon a called 204.00 acre tract described in a Deed from Raymond Blalock, II to John Joseph Peet and Kimberly Layne Peet, dated March 8, 2019, recorded as Instrument Number 45569, Official Public Records of Walker
County, Texas, said 40 foot wide strip lying ten (10) feet on the right side (northerly) and (westerly) and
thirty (30) feet on the left side (southerly) and (easterly), as measured at right angles, from the following described baseline, shortening or lengthening the side lines of said strip to terminate on property or existing easement lines so as not to create overlaps or gaps:
COMMENCING, for reference only, at the most southerly southeast corner of said Peet 204.00 acre
tract in the north line of a called 488.63 acre tract described in a Deed from Dorothy Thomason Family Partnership, Ltd. to Edwin E. Thomason and wife, Sandy S. Thomason, dated June 2, 2006, recorded in Volume 753, page 201, Official Public Records, a point in an old fence line for corner, in the west line of TR.-1 92.96 AC. according to a Plat of Calvin M. Ellisor Property Tracts 1 & 2 recorded in Volume 4, page
4, Plat Records of Walker County, Texas, said Tract 1 (92.96 acres) conveyed in a Deed from Calvin M.
Ellisor and wife, Irene Ellisor to Jerry Ellisor and Byron Ellisor, dated February 15, 2007, recorded in Volume 794, page 462, Official Public Records, from which a 18” Post Oak used as a fence corner (fallen), being the recognized northeast corner of said Thomason 488.63 acre tract, bears S 66°19’30” E 27.34 feet, and a 1/2" iron rod found with a plastic cap stamped “McAdams 2005” for an angle corner in the west line of
said Ellisor 92.96 acre tract, bears S 16°19’30” E 25.73 feet;
THENCE N 16°50’04” E, with the most southerly east line of said Peet 204.00 acre tract and the west line of said Ellisor 92.96 acre tract, a distance of 1368.81 feet to the POINT OF BEGINNING, a point for corner, having coordinates of N= 10,277,716.87 feet and E= 3,807,962.31 feet, from which a 1/2" iron rod
found for reference, on the south high bank of Parker Creek, bears N 16°50’04” E a distance of 63.88 feet,
Peet 2.222 Ac. U.E. Page J. PARKER LGE., A-36
Walker County, Texas
EXHIBIT “A”
Page 2 of 2
2
and also from which a point in the center of a water course, known locally as Parker Creek, for an ell corner of said Peet 204.00 acre tract and the northwest corner of said Ellisor 92.96 acre tract, bears N 16°50’04” E a
distance of 109.70 feet;
THENCE across said Peet 204.00 acre tract along an existing sanitary sewer line as follows: 1. N 67°58’39” W a distance of 8.24 feet to a sanitary sewer manhole;
2. N 74°04’00” W a distance of 404.17 feet to a sanitary sewer manhole;
3. S 44°50’17” W a distance of 365.86 feet to a sanitary sewer manhole; 4. N 66°31’33” W a distance of 381.16 feet to a sanitary sewer manhole; 5. N 74°30’15” W a distance of 134.68 feet to a sanitary sewer manhole; 6. N 74°26’34” W a distance of 177.24 feet to a sanitary sewer manhole;
7. S 44°14’08” W a distance of 667.77 feet to a sanitary sewer manhole;
8. S 13°18’38” W a distance of 222.24 feet to a sanitary sewer manhole; and 9. S 30°05’29” W a distance of 74.29 feet to the POINT OF TERMINATION, a point for corner, having coordinates of N= 10,277,047.83 feet and E= 3,806,103.66 feet, in the south line of said Peet 204.00
acre tract and the north line of said Thomason 488.63 acre tract, from which the Point of Commencing bears
S 66°19’30” E 1,596.61 feet and a fence corner post found on the east side of F. M. 980 in the common line of said Peet 204.00 acre and Thomason 488.63 acre tracts bears N 66°19’30” W 5,419.78 feet. Surveyed: June 2021.
Signed_________________________________ Leonard E. Woods
Reg. Prof. Land Surveyor No. 2524
Y:\SURVEYORS\PROJECTS\COH21\UE\21-03-01 Trunk line Byrd Unit to A. J. Brown Treatment Plant\PEET.fns.doc
Parker
Cr
e
e
k
Item/Subject: Consider the use of eminent domain to condemn property and discussion, and possible
action to approve Resolution 2022-12 to initiate condemnation under Chapter 21 of the Texas Property
Code for an easement to lay a sanitary sewer line generally located approximately 4 miles northeast of
City Hall along the south side of Parker Creek, across a property more particularly described as: 1) an
easement property being a strip of land, forty (40) feet in width, containing 1.881 acres of land, more
or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County, Texas, and being out of
and upon TR.-1 92.96 AC. according to a Plat of Calvin M. Ellisor Property Tracts 1 & 2 recorded in
Volume 4, page 4, Plat Records of Walker County, Texas, said Tract 1 (92.96 acres) conveyed in a Deed
from Calvin M. Ellisor and wife, Irene Ellisor to Jerry Ellisor and Byron Ellisor, dated February 15, 2007,
recorded in Volume 794, page 462, Official Public Records of Walker County, Texas.
Initiating Department/Presenter: Engineering
Presenter: Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM – City Engineer
Recommended Motion: "I move that the City of Huntsville, Texas authorize the use of the power of
eminent domain to acquire a strip of land, forty (40) feet in width, containing 1.881 acres of land, more
or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County, Texas, and being out of
and upon TR.-1 92.96 AC. according to a Plat of Calvin M. Ellisor Property Tracts 1 & 2 recorded in
Volume 4, page 4, Plat Records of Walker County, Texas, said Tract 1 (92.96 acres) conveyed in a Deed
from Calvin M. Ellisor and wife, Irene Ellisor to Jerry Ellisor and Byron Ellisor, dated February 15, 2007,
recorded in Volume 794, page 462, Official Public Records of Walker County, Texas for the replacement
of an old sanitary sewer line in poor condition with a new sanitary sewer to provide service to current
customers and to provide for future development.”
NOTE: A record vote is required on any action on this agenda item by Government Code 2206.053(a)(1)
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: This agenda item is pertaining to propose improvements to upsizing A. J. Brown Basin Trunk
Sewer Main along Parker Creek, between A.J. Brown Wastewater Treatment Plant (WWTP) and TDCJ
Byrd Unit at the southwest corner of FM 2821 and FM 247 (Map attached).
The improvements primarily involve replacing existing trunk sanitary sewer mains which were installed
approximately 40 years ago, with upsized mains from 24” and 30” to 42” and 48”; and better material
types as identified in the 2016 Water and Wastewater Condition and Capacity Assessment Studies.
City currently has a 20-foot-wide easement for the existing line. The City contracted with the
engineering firm, Enprotec / Hibbs & Todd, Inc. to design the new line and develop construction plans.
The Design Plan indicated that a 40-foot-wide permanent easement is needed for construction and
future maintenance of the new line. The Engineer also recommended that a 20-foot-wide temporary
3/1/22 Agenda Item: 02h
CITY COUNCIL AGENDA
construction Easement (TCE) on both sides of the 40-foot-wide permanent easement. The TCE would
expire 12 months after new construction is accepted by the city.
There are seven (7) easements required for the new line. Three (3) of the property owners, Mr.
Larrison, Entergy Texas, Inc., and Gibbs Brothers & Company accepted the offer by the City of Huntsville.
A resolution is required by Chapter 21 of the Texas Property Code to initiate the condemnation
process. Attached Resolution 2022-12 is to initiate the condemnation for an easement to lay a sanitary
sewer line on the property previously described above in this coversheet and the recommended
motion.
Previous Council Action: On November 16, 2021, the City Council authorized the staff to start the
process to acquire easements.
Financial Implications: ☒There is no financial impact associated with this item.
Approvals: ☒City Attorney ☒Director of Finance ☒City Manager
Associated Information:
•Area Map
•Location Map
•Resolution NO. 2022 – 12
SH 19SH 19SH 19Æÿ19
Æÿ19
Æÿ19
ELLISOR RD
STAGDR
LAURELOAK DREMERYOAKWAYSTAGDRBATESCOURTGREENHAVEN DR WORLEY WAYROBINSONRD
NEW DAWNTRL
WUNDERLICHRDDOERUN DROVERHILL DRPARKER CREEK RDA.J. BrownWWTP
CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION805251,050262.5 FEET
CREATED DATE: 2/17/2022
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 1,000 ft
On 8.5 x 11 inch Print
Service Layer Credits: City of Huntsville, TX, GIS Division
Ellisor Resolution
Resolution No. 2022-12
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See the full GIS Data Disclaimer at: www.huntsvilletx.gov/438/City-Maps
PROPOSED 40 FOOT EASEMENTREPLACING EXISTING 20 FOOT EASEMENT
ELLISOR TRACT
Legend
<= 12" Surveyed Sewer Gravity Main
> 12" Surveyed Sewer Gravity Main
Sewer Plant
UV2821 UV2821
UV247
UV980
Æÿ19
Æÿ19
Æÿ19 Æÿ30
Æÿ19
ANDERSLN
ELLISOR RD
HORNETWAYJENKINS RD
MIM
O
S
A L
NEMERY OAK WAYMOTT LNPRICE LNHILLCATESLANERED DEERWAY
QUALI
TYBLVDSHOTWELLCI
RBERING DRIVELEIGH ANNE ST
NEWDAWNTRL
TRACYST
PARRDR
SIMMONSSTREEVES
RD
MCLEODDR
DUKE LN
SHADYLN DOERUN DRALLEN RD
AMERICANLEGION DRMA
RT
I
N
L
U
T
HE
R
K
I
N
G
J
R
DR
R
E
D BIR
D L
N
BL
U
E
BIR
D LN
RYANSFERRY RDGRIVICH DR
OVERHILL DR
TO W N A ND
COUNTRY LN
MCADAMS LN
M
O
C
KIN
G
BIR
D
LNPARKER CREEK RDC O W B OY C O UNT RY RO AD
R
OSEN
W
ALL RD
A.J.BrownWWTP
CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION801,000 2,000500FEET
CREATED DATE: 2/17/2022
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 2,000 ft
On 8.5 x 11 inch Print
Service Layer Credits: City of Huntsville, TX, GIS Division
Location Map for A J Brown Eminent Domain/Condemnation EasementsResolutions No. 2020-09, 2020-10, 2020-11, 2022-12
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See the full GIS Data Disclaimer at: www.huntsvilletx.gov/438/City-Maps
PEET TRACTRESOLUTION 2022-11
Legend
<= 12" Surveyed Sewer Gravity Main
> 12" Surveyed Sewer Gravity Main
Theoretical Sewer Gravity Main
Sewer Plant
ELLISOR TRACTRESOLUTION NO 2022-12
THOMASON TRACTRESOLUTION 2022-10
PEAK INTERESTS TRACTRESOLUTION NO 2022-09
RESOLUTION NO. 2022-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS AUTHORIZING
INITIATION OF CONDEMNATION PROCEEDING TO ACQUIRE A PERMANENT UTILITY
EASEMENT FOR THE REPLACEMENT OF A SANITARY SEWER TRUNK LINE UPON CERTAIN
PROPERTY SITUATED IN WALKER COUNTY, TEXAS.
THE STATE OF TEXAS §
COUNTY OF WALKER §
WHEREAS The Huntsville City Council desires to promote the health, safety and welfare of its citizens and
provide utility service; and
WHEREAS The City of Huntsville maintains a sanitary sewer main across the easement property. The line
was installed approximately 40 years ago and is in poor condition.
WHEREAS Due to increased residential and commercial development the line is reaching its load capacity.
The line must be replaced with a larger one to provide for future development. This will require a
wider easement for installation and maintenance of the replacement line.
WHEREAS Council has determined need to provide adequate wastewater services to promote growth and
maintain sanitary conditions is in the public’s best interest.
WHEREAS A certified Appraisal of the easement property has been made and an initial offer has been made
to the Owner.
WHEREAS The Texas Government Code requires that before a governmental entity such as the City can
initiate a condemnation proceeding by filing a petition the City must authorize the proceeding at a
public meeting by a record vote.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS that:
SECTION 1: The City Council has authorized, by public vote, at its regular public council meeting on
_______________, 2022, the use of the power of eminent domain to acquire: (1) an easement property being a strip
of land, forty (40) feet in width, containing 1.881 acres of land, more or less, situated in the JESSE PARKER
LEAGUE, Abstract No. 36, Walker County, Texas, and being out of and upon TR.-1 92.96 AC. according to a Plat
of Calvin M. Ellisor Property Tracts 1 & 2 recorded in Volume 4, page 4, Plat Records of Walker County, Texas,
said Tract 1 (92.96 acres) conveyed in a Deed from Calvin M. Ellisor and wife, Irene Ellisor to Jerry Ellisor and
Byron Ellisor, dated February 15, 2007, recorded in Volume 794, page 462, Official Public Records of Walker
County, Texas, more particularly described by metes and bounds in Exhibit “A” and shown on a Plat in Exhibit
“B”, attached hereto and incorporated herein for all purposes.
The current need and purpose of the easement is for the replacement of an old sanitary sewer line in poor condition
with a new sanitary sewer line to provide service to current customers and to provide for future development.
SECTION 2: The City Manager and/or his designee and the City Attorney are given authority to take all steps
necessary to initiate the condemnation proceeding pursuant to Chapter 21 of the Texas Property Code, including,
but not limited to, the filing of a petition under Section 21.012 of the Texas Property Code.
SECTION 3: This Resolution shall take effect immediately from and after its passage and it is so duly resolved.
DULY PASSED AND ADOPTED by the City Council of the City of Huntsville, Texas, 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”
Page 1 of 2
CITY OF HUNTSVILLE, TEXAS Surveying – Division 719 448 State Hwy. 75 North Huntsville, Texas 77320
THE STATE OF TEXAS §
COUNTY OF WALKER §
I, Leonard E. Woods, Registered Professional Land Surveyor No. 2524, do hereby certify that the following field notes represent a survey made on the ground of the following described tract or parcel of land located in Walker County, Texas. Coordinates and bearings herein are referred to the
Texas Coordinate System of 1983, Central Zone and are based on the position of National Geodetic
Survey (formerly known as the U. S. Coast & Geodetic Survey) Primary Airport Control Station (PACS) monument designated “T39 A” having published NAD 83 (1993) coordinates of N= 3,128,437.762 meters and E= 1,154,289.433 meters. Distances herein are U. S. Survey Feet in “Grid” units and may be converted to “Geodetic Horizontal” by dividing by a combined scale factor of 0.99988.
PROPOSED 40 FOOT WIDE UTILITY EASEMENT UPON JERRY ELLISOR AND BYRON ELLISOR PROPERTY JESSE PARKER LEAGUE, A-36
WALKER COUNTY, TEXAS
Being a strip of land, forty (40) feet in width, containing 1.881 acres of land, more or less, situated in the JESSE PARKER LEAGUE, Abstract No. 36, Walker County, Texas, and being out of and upon TR.-1 92.96 AC. according to a Plat of Calvin M. Ellisor Property Tracts 1 & 2 recorded in
Volume 4, page 4, Plat Records of Walker County, Texas, said Tract 1 (92.96 acres) conveyed in a Deed
from Calvin M. Ellisor and wife, Irene Ellisor to Jerry Ellisor and Byron Ellisor, dated February 15, 2007, recorded in Volume 794, page 462, Official Public Records of Walker County, Texas, said 40 foot wide strip lying ten (10) feet on the right side (northerly) and thirty (30) feet on the left side (southerly), as measured at right angles, from the following described baseline, shortening or lengthening the side
lines of said strip to terminate on property or existing easement lines so as not to create overlaps or gaps:
COMMENCING, for reference only, at the northeast corner of said Ellisor 92.96 acre tract and the northwest corner of a called 44.28 acre tract described in a Deed from Gibbs Brothers & Company to the City of Huntsville, Texas, dated January 29, 1979, recorded in Volume 332, page 379, Deed Records
of Walker County, Texas, found a 3-1/2” diameter concrete monument (its top broken) for corner,
having coordinates of N= 10,277,761.27 feet and E= 3,809,771.16 feet, said concrete monument being witnessed by a 30” diameter Post Oak (found) which bears S 81° E 44.8 feet;
THENCE S 02°56’57” E, with the east line of said Ellisor 92.96 acre tract and the west line of
said City of Huntsville 44.28 acre tract, a distance of 108.17 feet to the POINT OF BEGINNING, a
point for corner, from which a 3” diameter concrete monument found for the southeast corner of a called 133 acre tract described in a Deed to C. M. Ellisor, recorded in Volume 184, page 679, Deed Records of
Ellisor 1.881 Ac. U.E. Page J.PARKER LGE., A-36
Walker County, Texas
EXHIBIT “A”
Page 2 of 2
2
Walker County, Texas, being a parent tract of said Ellisor 92.96 acre tract, bears S 02°56’57” E a distance of 3,134.70 feet;
THENCE across said Ellisor 92.96 acre tract along an existing sanitary sewer line as follows:
1. S 59°12’24” W a distance of 241.59 feet to a sanitary sewer manhole;2. S 33°08’17” W a distance of 214.86 feet to a sanitary sewer manhole;
3. S 74°41’30” W a distance of 343.47 feet to a sanitary sewer manhole;
4. N 69°09’58” W a distance of 471.80 feet to a sanitary sewer manhole;
and 5. N 67°58’39” W a distance of 773.65 feet to the POINT OF TERMINATION, a point for corner, having coordinates of N= 10,277,716.87 feet and E= 3,807,962.31 feet, in the most northerly
west line of said Ellisor 92.96 acre tract and the most southerly east line of a called 204.00 acre tract
described in a Deed from Raymond Blalock, II to John Joseph Peet and Kimberly Layne Peet, dated March 8, 2019, recorded as Instrument Number 45569, Official Public Records, from which a point in the center of a water course, known locally as Parker Creek, for the northwest corner of said Ellisor 92.96 acre tract and an ell corner of said Peet 204.00 acre tract bears N 16°50’04” E a distance of 109.70
feet, and a 1/2" iron rod found with a plastic cap stamped “McAdams 2005” for an angle corner in the
west line of said Ellisor 92.96 acre tract bears S 16°50’04” W a distance of 1,394.54 feet, and also from which a 1/2" iron rod found for reference, on the south high bank of Parker Creek, bears N 16°50’04” E a distance of 63.88 feet.
Surveyed: June 2021.
Signed_________________________________
Leonard E. Woods
Reg. Prof. Land Surveyor No. 2524
Y:\SURVEYORS\PROJECTS\COH21\UE\21-03-01 Trunk line Byrd Unit to A. J. Brown Treatment Plant\ELLISOR.fns.doc
Parker
Cr
e
e
k
A. J. Brown
Waste Water
Treatment Plant