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City Council Meeting Agenda Packet 3-15-20221 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 15, 2022 WORKSHOP 5:00 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 [5:00 p.m.] Presentation on Economic Development MAIN SESSION [6:00 p.m.] CALL TO ORDER INVOCATION AND PLEDGES - U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. 1.CONSENT AGENDA The presiding officer will call for public comments before action is taken on these items. (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staffrecommendations. An item may be removed from the Consent Agenda and added to the StatutoryAgenda for full discussion by request of a member of Council.) a.Consider approving the minutes of the regular City Council meeting held on February 15, 2022. [Kristy Doll, City Secretary] b.Consider adoption of Ordinance 2022-10 to amend the budget for FY 21-22 and/or CIP Projectbudgets. [Steve Ritter, Finance Director] c.Consider authorizing the City Manager to grant an easement to Entergy Texas Inc., of 18 LF by240.4 LF for a total of 4,328 Sq. ft., on Palm Street across from the Palm Street Water Plant onthe south side, for the relocation of Entergy power lines which provides service to the Palm StreetWater Plant. [Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM, City Engineer] 2 d. Consider authorizing the City Manager to award and enter into a contract with K. Tillman Construction, LLC, for the Fleet Building Roof Rehabilitation. [Brent S. Sherrod, P.E., Public Works Director] e. Consider authorizing the City Manager to approve the annual purchase order of various road and drainage materials from Vulcan Materials for a one (1) year term with an option to renew for another one (1) year term. [Brent S. Sherrod, P.E., - Public Works Director] f. Consider Authorizing the City Manager to enter into an agreement with AG|CM, Inc., for Professional Project Management Services for the Service Center, MLK Jr. Community Center and City Hall projects. [Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM, City Engineer] 2. STATUTORY AGENDA a. Receive a presentation and consider acceptance of the audit for FY 20-21 from Pattillo, Brown, and Hill, LLP, CPAs. [Steve Ritter, Finance Director] b. FIRST READING: Consider accepting the petition for consent to the creation of Huntsville Municipal Utility District No. 1 by adopting Ordinance No. 2022-11: An Ordinance Consenting to the Creation of a Municipal Utility District. [Kevin Byal, Director of Development Services] 3. CITY COUNCIL/MAYOR/CITY MANAGER a. Consider the appointments to City of Huntsville Boards and Commissions [Andy Brauninger, Mayor]. 4. REQUESTS FOR CITIZEN PARTICIPATION (An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken.) William Green – Storm water issues 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.) 7. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071 to receive legal advice on the Rules of Procedures and the Open Meetings Act. (City Attorney / Dee Howard Mullins) 8. RECONVENE Take action on item discussed in executive session, if needed ADJOURNMENT 3 *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: March 11, 2022 TIME OF POSTING: 10:00 a.m. TAKEN DOWN: Page 1 of 3 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 15th 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 regular session with the following: COUNCILMEMBERS PRESENT: Daiquiri Beebe, Russell Humphrey, Vicki McKenzie, Dee Howard Mullins, Jon Strong, Andy Brauninger, Pat Graham, Deloris Massey, Bert Lyle COUNCILMEMBERS ABSENT: OFFICERS PRESENT: Aron Kulhavy, City Manager; Sharon Schultz, (Staff) Deputy City Secretary; Leonard Schneider, City Attorney MAIN SESSION [6:00 P.M.] CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:03 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 Boy Scout Troup 114 led the pledges. 1.CONSENT AGENDAPublic Comments will be called for by the presiding officer before action is taken on these items.(Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staffrecommendations. An item may be removed from the Consent Agenda and added to the Statutory Agendafor full discussion by request of a member of Council.)a.Consider approving the minutes of the regular City Council meeting held on January 18, 2022.[Andy Brauninger, Mayor]b.Consider approving the minutes of the Special Workshop Session held on January 25, 2022.[Andy Brauninger, Mayor]c.Consider approving the minutes of the Special Workshop Session held on January 26, 2022.[Andy Brauninger, Mayor]d.Consider authorizing the City Manager to execute Professional Services Agreement Amendment#2 with Pierce Goodwin Alexander & Linville, Inc. (PGAL) for the Animal Control Facility.[Andy Brauninger, Mayor]e.Consider adopting Resolution No. 2022-4 canceling and abandoning the remaining $27,160,000authorized but unissued Waterworks and Sewer System Revenue Bond authorization from BondProposition 3 of the City’s November 8, 2016, Bond Election. [Andy Brauninger, Mayor] Councilmember Mullins requested to move Item 1e from the Consent Agenda to the Statutory Agendafor discussion. Councilmember Beebe made a motion to approve the consent agenda items a, b, c, and d; the motion was seconded by Councilmember Graham. The motion was adopted, 9-0. 2.STATUTORY AGENDAItem 1e was moved from the Consent Agenda to the Statutory Agenda for discussion by request ofCouncilmember Mullins. 1e. Consider adopting Resolution No. 2022-4 canceling and abandoning the remaining $27,160,000authorized but unissued Waterworks and Sewer System Revenue Bond authorization from Bond Proposition 3 of the City’s November 8, 2016, Bond Election. [Andy Brauninger] Page 2 of 3 Councilmember Beebe made a motion to Consider adopting Resolution No. 2022-4 canceling and abandoning the remaining $27,160,000 authorized but unissued Waterworks and Sewer System Revenue Bond authorization from Bond Proposition 3 of the City’s November 8, 2016, Bond Election; the motion was seconded by Councilmember McKenzie. The motion was adopted, 9-0. a.FIRST READING: Consider adopting Ordinance No. 2022-07 declining to approve the change inrate request in Entergy Texas, Inc. State of Intent and Application for Approval of TwoVoluntary Renewable Option Tariffs filed with the City on January 31, 2022. [Andy Brauninger,Mayor] First Reading - No action was taken. b.SECOND READING - Consider adopting Ordinance No. 2022-6 - Amending Article I of Chapter8 “Animals and Fowl” of the City Code of Ordinances by adding Section 8-12 prohibiting certainexchanges of animals in various outdoor places. [Andy Brauninger, Mayor] Councilmember Beebe made a motion to adopt Ordinance No. 2022-6 - Amending Article I of Chapter8 “Animals and Fowl” of the City Code of Ordinances by adding Section 8-12 prohibiting certainexchanges of animals in various outdoor places; to be effective on the same date that the Huntsville Animal Shelter is open for public business; the motion was seconded by Councilmember Graham. Councilmember Humphrey made a motion to amend the motion by striking the effective date from theOrdinance; the motion was seconded by Councilmember Lyle. The motion passed with a 5-4 vote.Councilmembers Mullins, Beebe, Massey, McKenzie voted against the motion. The main motion as amended. Councilmember Beebe made a motion to adopt Ordinance No. 2022-6 -Amending Article I of Chapter 8 “Animals and Fowl” of the City Code of Ordinances by addingSection 8-12 prohibiting certain exchanges of animals in various outdoor places; the motion wasseconded by Councilmember Graham. The motion was adopted as amended, 6-3. CouncilmembersMassey, Beebe, and Mullins voted against the motion. 3.CITY COUNCIL/MAYOR/CITY MANAGERa. Consider adopting the City Council’s 2022 Strategic Plan. [Andy Brauninger, Mayor] Councilmember Beebe made a motion to adopt the City Council’s 2022 Strategic Plan; the motion was seconded by Councilmember McKenzie. The motion was adopted 9-0. 4.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. None 5.MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA None 6.ITEMS OF COMMUNITY INTEREST(Hear announcements concerning items of community interest from the Mayor, Councilmembers,and City staff, for which no action will be discussed or taken.) Page 3 of 3 Mayor Brauninger provided information about KidScape. Councilmember Beebe provided information about Computer classes at the Huntsville Public Library Councilmember Massey provided information about the Women’s Self Defense Class Councilmember Lyle provided information about the Wynne Home Empty Bowls Councilmember Humphrey provided information about the Winter Lock-In Genealogy Councilmember Strong provided information about the Silent Auction and the SHSU basketball team Councilmember Mullins provided information about the Kiwanis Pancake Supper Fundraiser. Councilmember McKenzie provided information about the Backyard Bugs & Gardeners. Councilmember Graham provided information about Baptized a Texan. Mayor Brauninger provided information about the recent Chili Cook Off. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 6:37 p.m. ATTEST: CITY OF HUNTSVILLE ______________________________ ________________________________ Kristy Doll, City Secretary Andy Brauninger, Mayor Page 1 Item/Subject: Consider adoption of Ordinance 2022-10 to amend the budget for FY 21-22 and/or CIP Project budgets. Initiating Department/Presenter: Finance Presenter: Steve Ritter Recommended Motion: Move to adopt Ordinance 2022-10 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 was discussed with the Finance Committee at their March 1, 2022, meeting. Previous Council Action: None. Financial Implications: ☒See the attached Ordinance and related Budget Amendments (Exhibit A) Approvals: ☐City Attorney ☒Director of Finance ☒City Manager Associated Information: •Ordinance 2022-10, page 2 •Exhibit A (list of budget amendments), pages 3 - 4 3/15/2022 Agenda Item: 1b CITY COUNCIL AGENDA ORDINANCE NO. 2022-10 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 15th 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 15, 2022 Exhibit A Increase:Police Overtime 50,000$ Increase:Fire Department - Non Capital Equipment 6,000$ Increase:Engineering-temp employees (assist w/ ARP funded Wtr & WW CIP projs.) 250,000$ Increase:Grants - part-time temp. employee (assist w ARP funding and grants adm.) 50,000$ Decrease:Administration & Contingency - ARP Funds 306,000$ Explanation: The Police Department has incurred significant amounts of overtime due to officers having to cover shifts for other officers out with COVID. The Fire Department request is for additional equipment iPads or laptops to aid in their response in the field. Engineering is needing assistance to handle the additional $7,500,000 of CIP projects funded from ARP monies. Grants, Kristie Hadnot, needs some temporary part-time help to deal with the administration and tracking of ARP funds and other grants. The remaining balance for the "Administration & Contingency - ARP Funds" after these budget amendments, if approved, will be $134,000. If any of the requested amounts above remain unused at the end of FY 21 - 22 (9/30/2022) staff will come to the Finance Committee in FY 22 - 23 with budget amendments requesting the unused balances be rolled forward for use in FY 22 - 23. Item/Subject: Consider authorizing the City Manager to grant an easement to Entergy Texas Inc., of 18 LF by 240.4 LF for a total of 4,328 Sq. ft., on Palm Street across from the Palm Street Water Plant on the south side, for the relocation of Entergy power lines which provides service to the Palm Street Water Plant. 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 grant an easement to Entergy Texas Inc., of 18 LF by 240.4 LF for a total of 4,328 Sq. FT., on Palm Street across from the Palm Street Water Plant on the south side, for the relocation of Entergy power lines which provides service to the Palm Street Water Plant. 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 granting an easement to Entergy Texas Inc., for relocation of Entergy Power lines which provides service to the Palm Street Water Plant. Palm Street Water Plant is located East of Murray Ln and on both Northside and Southside of Palm Street (See attached Location Map). The existing Power lines are approximately 6 ft from the existing Palm Street Water Plant Ground Storage tank and 16 ft from the existing Palm Street Water Plant Elevated Storage Tank. According to the Occupational Safety and Health Administration (OSHA), Power Line Safety (1926.1408), the minimum clearance and distance from an overhead power line should be 10’. Entergy recommends the overhead power lines and associated poles be relocated to the southside of Palm Street, and requests the city to grant an easement of 18 LF by 240.4 LF for a total of 4,328 Sq. FT. This easement will be able to allow Entergy to construct, repair, operate, inspect, patrol, replace and maintain electrical power and communication facilities. Previous Council Action: None. Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: •Area Maps •Existing facilities picture 3/15/22 Agenda Item: 1c CITY COUNCIL AGENDA •Proposed Easement Re-location •Easement document, Fieldnote Description, Surveyors Certification ETI Distribution Easement – West – Legal Entity Rev. 2/2021 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORDING IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. STATE OF TEXAS § § COUNTY OF WALKER § RIGHT-OF-WAY INSTRUMENT-ENTERGY TEXAS, INC. KNOW ALL MEN BY THESE PRESENTS THAT: City of Huntsville, Texas , by and through its authorized representative, acting for and on behalf of its successors, assigns and any other person claiming the ownership to the property hereinafter described, collectively “Grantor”, for and in consideration of One Dollar, in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, assign, convey unto and warrant and defend Entergy Texas, Inc., whose address is 9425 Pinecroft Dr., The Woodlands, Texas, 77380, and its successors and assigns, collectively “Grantee”, a right-of-way, servitude and easement 18 feet in width (“Right-of-Way”) for the location, construction, reconstruction, improvements, repairs, operation, inspection, patrol, replacement and maintenance of electric power and communication facilities (“Grantee Facilities”), or the removal thereof, now or in the future, including, but not necessarily limited to poles, cross arms, insulators, wires, cables, conduits, hardware, transformers, switches, guy wires, anchors and other equipment, structures, material and appurtenances, now or hereafter used, useful or desired in connection therewith by Grantee over, across, under, along or on that land of Grantor in the County of Walker, State of Texas described as follows, to-wit: Being a 1.8365-acre tract of land situated in the Malcolm Johnson Survey, A-299 and being recorded under Clerks File Vol 401 Page 401 of the Deed Records of Walker County, Texas. (“Property”) The Right-of-Way granted is in the area as shown by the attached Exhibit A hereto attached and made a part hereof. Unless otherwise herein specifically provided, the center line of the Grantee Facilities initially constructed on this Right-of-Way shall be the center line of the Right-of-Way, together with the right of ingress and egress to and from the Right-of-Way across the adjoining land of the Grantor. Grantee shall have the right to install and maintain gates in all existing and future fences crossing the Property where same intersects the Right-of-Way to provide access to and from the Grantee Facilities, provided such gates will be installed in a manner that will not unreasonably weaken such fences. Grantee shall have the full and continuing right, but not the obligation, to clear and keep clear vegetation within or growing into the Right-of-Way and the further right to remove or modify from time-to-time trees, limbs, and/or vegetation outside the Right-of-Way, which is dead, decaying or in danger of falling or leaning on Grantee Facilities, by use of a variety of methods used in the vegetation management industry. Grantor shall not construct or permit the construction of any structure, obstruction or other hazard within the Right- of-Way, including but not limited to, house, barn, garage, shed, pond, pool or well, excepting only Grantor’s fence(s) and the Grantee Facilities. Grantor shall not construct or permit the construction of any buildings or other structures on land adjoining the Right-of-Way or change the grade or elevation of the Right-of-Way in violation of the minimum clearances from Grantee Facilities as provided in the National Electrical Safety Code or other applicable state and local laws, regulations and ordinances. [SIGNATURE ON NEXT PAGE] ETI Distribution Easement – West – Legal Entity Rev. 2/2021 -2- IN WITNESS WHEREOF, Grantor, by and through its authorized representative, has executed this Right-of-Way Instrument on this ___ day of ________________________, 20__ GRANTOR: _____________________________ _____________________________ Signature _____________________________ Printed Name _____________________________ Title ACKNOWLEDGMENT STATE OF TEXAS § § COUNTY OF (COUNTY NAME)§ This instrument was acknowledged before me on this ______ day of _______________________, 20__ by ______________________________________, as the ____________________ and authorized representative of ___________________ [Grantor]. Notary Public, State of Texas Stamp Or Commission expires: ______________________ Seal Space Below Reserved For County Clerk’s Recording Information WR#__________________ DD __________________ AFTER RECORDING, RETURN TO: Entergy Texas, Inc., Right-of-Way Department, 9425 Pinecroft Drive, The Woodlands, TX 77380 0.099 ACRE TRACT FN NO. 5020ENTSS.001 PHX 5021ENTSS.001 PHX.DWG MARCH 02, 2022 FIELDNOTE DESCRIPTION 18’ WIDE EASEMENT OF A 0.099 ACRE TRACT LOCATED IN THE MALCOM JOHNSON SURVEY, A-299, AND THE ELIHU DAVIDS SURVEY, A-157, WALKER COUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN CALLED 1.8365 AC TRACT CONVEYED TO CITY OF HUNTSVILLE BY A DEED RECORDED IN VOLUME 401, PG. 401 WALKER COUNTY DEED RECORDS WALKER COUNTY, TEXAS, SAID 0.099 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING, AT A FOUND 2 INCH BRASS CAP IN CONCRETE AT THE SOUTHERLY ANGLE POINT OF WALNUT STREET (RIGHT OF WIDTH VARIES), SAID POINT ALSO BEING A NORTHERLY ANGLE POINT OF SAID 1.8365 ACRE TRACT; THENCE, S 65° 27’ 25” W, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID WALNUT STREET COMMON WITH THE NORTHWESTERLY BOUNDARY LINE OF SAID 1.8365 ACRE TRACT, A DISTANCE OF 21.76 FEET TO A POINT (GRID COORDINATES N: 10,253,113.00 E: 3,802,204.97) LOCATED ON SAID COMMON LINE, SAID POINT BEING THE NORTHEAST CORNER OF SAID 0.099 ACRE TRACT AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE, DEPARTING SAID COMMON LINE IN A SOUTHEASTERLY DIRECTION, INTO AND ACROSS SAID 1.8365 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: S 24° 32’ 35” E, A DISTANCE OF 18.00 FEET TO THE SOUTHEASTERLY CORNER HEREOF; S 65° 27’ 25” W, A DISTANCE OF 240.45 FEET TO THE SOUTHWESTERLY CORNER HEREOF; N 24° 32’ 35” W, A DISTANCE OF 18.00 FEET TO A POINT LOCATED ON SAID COMMON LINE, SAID POINT BEING THE NORTHWESTERLY CORNER HEREOF, FROM WHICH A 5/8 INCH IRON ROD BEARS S 65° 27’ 25” W, A DISTANCE OF 242.49 FEET; THENCE, N 65° 27” 25” E, ALONG SAID COMMON LINE, A DISTANCE OF 240.45 FEET TO THE POINT OF BEGINNING CONTAINING AN AREA OF 0.099 ACRES OF LAND, MORE OR LESS; Page 2 of 2 I, MELISSA T. HINTON, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PROPERTY DESCRIBED HEREIN WAS DETERMINED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION. A SURVEY EXHIBIT WAS PREPARED ON THIS SAME DATE. BASIS OF BEARING IS NAD 83 TEXAS STATE PLANE COORDINATES, CENTRAL ZONE. SHERWOOD SURVEYING & SUE, LLC P.O. BOX 992 MELISSA T. HINTON DATE SPRING BRANCH, TEXAS 78070 R.P.L.S. #6521 STATE OF TEXAS TBPELS FIRM #10044200 03/02/2022 THIS BOUNDARY SURVEY WAS COMPLETED WITHOUTADDITIONAL RESEARCH TO DETERMINE IF OTHERMATTERS OF RECORD, IF ANY, MIGHT AFFECT THISPROPERTY, SUCH AS EASEMENTS, SETBACKS, OROTHER ENCUMBRANCES.BASIS OF BEARING IS NAD83 TEXAS STATE PLANECOORDINATES, CENTRAL ZONEDATE OF FIELDWORK: 03/01/2022SURVEYOR NOTES:PROJECT No.DRAWN BY: DATE:03/01/2022MAA5021ENTSS.001SURVEYORS CERTIFICATELEGAL DESCRIPTIONOF A 0.099 ACRE TRACT LOCATED IN THE MALCOM JOHNSONSURVEY, A-299, AND THE ELIHU DAVIDS SURVEY, A-157, WALKERCOUNTY, TEXAS, BEING A PORTION OF THAT CERTAIN CALLED 1.8365AC TRACT CONVEYED TO CITY OF HUNTSVILLE BY A DEED RECORDEDIN VOLUME 401, PG. 401 WALKER COUNTY DEED RECORDS WALKERCOUNTY, TEXAS6521MELISSA T. HINTONTEXASTFOETAS DERETSIGE R ROYEVRUSDNAL L ANOISSEFORP REGISTERED PROFESSIONALLAND SURVEYOR NO. 6521I, MELISSA T. HINTON, A REGISTERED PROFESSIONALLAND SURVEYOR IN THE STATE OF TEXAS, REGISTRATIONNUMBER 6521, HEREBY STATE THAT DURING THE MONTHOF MARCH, 2022, A SURVEY OF THE REAL PROPERTYSHOWN HEREON WAS MADE UPON THE GROUNDUNDER MY DIRECTION AND SUPERVISION.MELISSA T. HINTONWALNUT STREET (R IGHT OF WAY VAR IES )1.8365 AC.CITY OF HUNTSVILLEVOL. 401, PG. 401 W.C.D.R.EXECUTED: AUGUST 20, 1982LEGENDCONC MONUMENT (UNLESS NOTED)CONTROLLING MONUMENTC.M.POINT OF BEGINNINGP.O.B.0.099 ACRES2 INCH BRASS CAP INCONCRETE MONUMENTL2LINEBEARINGDISTANCEL1S 24°32'35" E18.00'N 65°27 '25 " E 240 .45 'L2N 24°32'35" W18.00'N:10253113.00E:3802204.97(GRID)P.O.B.LINE TABLES 65°27 '25 " W 240 .45 'L1EXIST ING R IGHT OF WAYEXISTING RIGHT OF WAYL3L3S 65°27'25" W21.76'⅊03/03/20225/8 INCH IRON RODS 65°27 '25 " W 242 .49 'P.O.C.POINT OF COMMENCINGP.O.C. P A LM S T CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION 8 CREATED DATE: 3/9/2022 City of HuntsvillePalm StreetWater Plant Proposed Entergy 240.45' x 18' EasementPalm Street Water Plant 1 in = 100 ft 0 100 20050 Feet On 8.5 x 11 inch Print On Any Print Size 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 Proposed 18' Entergy Easement240.45' x 18' City of HuntsvillePalm StreetWater StorageTank Item/Subject: Consider authorizing the City Manager to award and enter into a contract with K. Tillman Construction, LLC, for the Fleet Building Roof Rehabilitation. Initiating Department/Presenter: Public Works/Brent S. Sherrod, P.E. Presenter: Brent S. Sherrod, P.E., Public Works Director Recommended Motion: Move to authorize the City Manager to award and enter into a contract with K. Tillman Construction, LLC, for the Fleet Building Roof Rehabilitation in the amount of $115,184.00. Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and physical structures so that the City’s core services can be provided in an effective and efficient manner. Discussion: The FY 21-22 Budget included decision packages for the replacement of the metal roof and insulation to the Fleet Building located at the City Service Center. The current original metal roof leaks in multiple locations throughout the garage area and subsequently has insulation that has fallen from the rafters. Both items have reached the end of their useful life and their replacement will limit potential risks to the facilities, decrease maintenance costs, and improve overall efficiency of the facilities. City staff proposed a scope of work to include complete removal and replacement of metal trim, insulation, and roof sheets to the Fleet Building located at the City Service Center. Approximately 12,500 sq. ft of metal roof sheets, 6,250 sq. ft of Vinyl Reinforced faced insulation with a R-10 value, ridge vents, trim, gutters, and downspouts will be installed. This will be a turnkey project that will require the vendor to perform all necessary work while still ensuring fleet services can be provided throughout construction. City staff utilized sealed bid proposals for the Fleet Building roof rehabilitation to achieve optimal results at a competitive price. Multiple vendors were invited to bid, to include advertising the invitation to bid as required. One mandatory site visit was conducted resulting in five (5) proposals being received and opened on February 22, 2022. Based on Best Value, staff have checked references and determined that K. Tillman, LLC, be the recommended vendor to satisfy the best interest of the city. Previous Council Action: The replacement of the metal roof and insulation were last approved as Budget Decision Packages in the FY 21-22 budget. Financial Implications: ☒Item is budgeted: 101-389-53010 In the amount of: $115,184.00 Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: •Bid Tabulation 03/15/2022 Agenda Item: 1d CITY COUNCIL AGENDA Description Option 1: Lump sum for the Fleet Building Rehabilitation Bid NO. 22-10 Roof sheets, Trim Package, Spray Foam Installation and Thermal Barrier Coating N/A Total Bid Amount $137,000.00 Total Bid Amount $145,000.00 Total Bid Amount $162,192.00 Total Bid Amount $183,282.37 Total Bid Amount Option 1: Number of days for completion from date of Purchase Order (March 23, 2022)N/A Days 45 Days 60 Days 60 Days 90 Days Option 1: Itemized quote must be included Itemized quote included? N/A Itemized quote included? Yes Itemized quote included? Yes Itemized quote included? Yes Itemized quote included? Yes Option 2: Lump sum for the Fleet Building Rehabilitation Bid NO. 22-10 Roof sheets, Trim Package, VRR Insulation and deduct cost of Spray Foam and Thermal Barrier $157,854.75 Total Bid Amount $128,000.00 Total Bid Amount $181,800.00 Total Bid Amount $115,184.00 Total Bid Amount $154,966.39 Total Bid Amount Option 2: Number of days for completion from date of Purchase Order (March 23, 2022)30 Days 45 Days 90 Days 60 Days 90 Days Option 2: Itemized quote must be included Itemized quote included? Yes Itemized quote included? Yes Itemized quote included? Yes Itemized quote included? Yes Itemized quote included? Yes Alternative Option 3: $153,498.80 Total Bid Amount Alternative Option 4: $125,358.81 Total Bid Amount Alternative Option 5: $77,320.06 Total Bid Amount Bid Tabulation Project Name: Bid NO. 22-10 Fleet Building Roof Rehabilitation Date: Tuesday, February 22, 2022 Time: 2:00 P.M. Central Time Location: 1212 Avenue M Huntsville, TX 77340 Excel Construction Group Frost Construction Company, Inc. Vincent's Roofing, Inc. K. Tillman Construction LLC River's General Construction Jr, LLC DBA, PermaLast Coating systems Page 1 Item/Subject: Consider authorizing the City Manager to approve the annual purchase order of various road and drainage materials from Vulcan Materials for a one (1) year term with an option to renew for another one (1) year term. Initiating Department/Presenter: Public Works/ Brent S. Sherrod, P.E. Presenter: Brent S. Sherrod, P.E., - Public Works Director Recommended Motion: Move to authorize the City Manager to approve the annual purchase order of various road and drainage materials from Vulcan Materials for a one (1) year term with an option to renew for another one (1) year term. 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 road and drainage materials annual purchase order is important because it contains items used daily for the repair, maintenance, and improvement of street infrastructure. Including work such as sidewalk repairs, storm sewer maintenance, utility damage repairs, and street failure repairs. The City of Huntsville keeps items on hand to respond quickly and provide the citizens with quality infrastructure. By establishing annual purchase orders, the staff is allowed to purchase items as needed knowing that City Council has previously approved the purchase. The City placed a formal sealed bid for the items. The terms allow for a one (1) year term with an option to renew for another one (1) year term in December 2022, with an expiration date of December 2023. There is a “no-fault” written cancellation clause should either party not be satisfied. The invitation to bid was advertised on the City’s web site, in the Huntsville Item and Electronic State Business Daily and sent to several potential bidders. The bid allows for the city to select the lowest most responsible bidder per item. Vulcan Materials was the only local vendor to respond to the bid. Previous Council Action: Previous Road Materials contract was approved by City Council on March 17, 2020. Financial Implications: ☒Item is budgeted: Various Departmental Budgets In the amount of: $200,000 Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: •Bid Tabulation 3/15/2022 Agenda Item: 1e CITY COUNCIL AGENDA Vulcan Constructing Materials LLC Green Dream International LLC Unique Paving Materials, Corp. Line Description Estimated Annual Usage Unit Of Measure Price Per Unit FOB/Delivered Price Per Unit FOB/Delivered Price Per Unit FOB/Delivered 1 Type B,C,D,F HMAC 10,000 Tons $ 72.28 No Bid No Bid 2 Cold Mix(UPM) 50 Tons $ 125.28 No Bid 146.00$ 3 Flexible Base 500 Tons $ 37.20 45.93$ No Bid 4 Stabilized Flexible Base (2 sack per cyd)500 Tons $ 49.20 No Bid No Bid 5 Stabilized Sand (2 sack per cyd)500 Tons $ 37.20 No Bid No Bid 6 Ice Rock (Type F Limestone)300 Tons $ 45.70 No Bid No Bid 7 5/8” Limestone Chip Rock As Needed Tons No Bid No Bid No Bid 8 Top Soil As Needed Tons/Cubic Yards No Bid No Bid No Bid 9 Field Sand As Needed Tons No Bid No Bid No Bid 10 Concrete Washed Sand 500 Tons $ 37.70 54.18$ No Bid 11 Ready – Mix Concrete – Less five (5) delivered As Needed Cubic Yards No Bid No Bid No Bid 12 Ready – Mix Concrete – More five (5) delivered As Needed Cubic Yards No Bid No Bid No Bid 13 Flowable Fill 100 Cubic Yards No Bid No Bid No Bid 14 3x5 Rip Rap As Needed Tons $ 44.70 59.40$ No Bid 15 5x8 Rip Rap As Needed Tons $ 44.70 No Bid No Bid 16 12” Rip Rap As Needed Tons $ 72.20 91.85$ No Bid 17 18” Rip Rap As Needed Tons $ 73.20 88.00$ No Bid 18 24” Rip Rap As Needed Tons $ 75.20 93.50$ No Bid Bid Tabulation Project Name: Bid NO. 22-12 Road Materials Location: 1212 Avenue M Huntsville, TX 77340 Date: Wednesday, February 23, 2022 Time: 2:00 P.M. Central Time Item/Subject: Consider Authorizing the City Manager to enter into an agreement with AG|CM, Inc., for Professional Project Management Services for the Service Center, MLK Jr. Community Center and City Hall projects. Initiating Department/Presenter: Engineering Presenter: Dr. Kathlie S. Jeng-Bulloch, P.E., D.WRE, CFM – Director of Engineering/City Engineer Recommended Motion: Move to authorize the City Manager to enter into an agreement with AG|CM, Inc., for Professional Project Management Services for the Service Center, MLK Jr. Community Center and City Hall projects. (This will be paid through the budgeted/approved project accounts). Strategic Initiative: Goal #1 - City Appearance - Provide policies, amenities, and events that enhance the City’s already beautiful and historic natural environment. Discussion: This agenda item is pertaining to three vertical projects known as the Service Center, MLK Jr. Community Center and City Hall. Project Management Services listed below will include but are not limited to the Programming Phase, Pre-Construction Phase, Construction Phase and Closeout Phase for the three vertical projects: Programming Phase Provide assistance with scoping and contracting of feasibility studies, Geotech, environmental report. Assist in Evaluating Master Budget/Master Schedule. Pre-Construction Phase Establish and maintain communication protocol between City, Architect and General Contractor Monitor and maintain all party’s efforts for conformance to schedule and budget. Develop and verify detailed cost estimates at various phases of design. Assist in development of contract negotiation process and aid in review/recommendation of General Contractor numbers, or CM At Risk’s guaranteed maximum price. Conduct the pre-construction conference. Construction Phase Monitor overall budget and schedule and advise the city of any trends that affect the completion of the Projects and or Project budget. Provide periodic observation of the work for general compliance to the contract documents. Review and analyze proposed change orders and make recommendations to the city. Change orders will be reviewed for cost and schedule impacts prior to recommendation. 3/15/22 Agenda Item: 1f CITY COUNCIL AGENDA Review and track requests for information (RFI), Work with Contractor to forecast potential cost and schedule impacts. Provide Quality Assurance. Coordinate preparation of the punch-list and implement corrective work. Closeout Phase Verify all Project Record Documents, O&M Manuals, Warranties are transmitted to the city. Ensure staff has received all necessary training for operation of new building and systems Work with Operations and Maintenance staff to develop a warranty phase protocol with the Contractor prior to project completion. AG|CM, Inc., has previously contracted with the City to provide design review services for the Service Center and City Hall. This new agreement will allow them to continue to assist the city with professional project management services for the design and construction of the Service Center, MLK Jr. Community Center and City Hall. Previous Council Action: None Financial Implications: ☒Item is budgeted: Project Management Services will be charged to the budgeted/approved Service Center, MLK Jr. Community Center and City Hall project accounts. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: •Project Management Agreement pg. 1 City Facilities - Project Management Services Huntsville, Texas PROJECT MANAGEMENT CONSULTING SERVICES AGREEMENT BETWEEN CITY OF HUNTSVILE AND AG|CM, INC. This Agreement is made by and between City of Huntsville, hereinafter referred to by name, or as the “Owner”, and AG|CM, Inc., a Texas corporation, hereinafter referred to by name, or as the “Project Manager”, collectively referred to as the “Parties.” The Projects are defined as follows: Service Center, MLK Jr. Community Center and City Hall In consideration of the mutual promises set forth below, the Parties agree as follows: 1.RECITALS The Project Manager shall be the Owner’s representative in providing the services described in this Agreement. The Project Manager and the Owner shall perform all duties as stated in this Agreement. In respect to such work or services, the Parties agree as follows: 2.TERM OF AGREEMENT This Agreement shall be effective upon execution of this document by the Parties and ends upon final payment to the Project Manager. This Agreement may be extended for additional time periods subject to mutual approval by both Parties. This Agreement shall remain in full force and effect during the below referenced time period unless properly terminated by either party, as provided by this Agreement. It is anticipated that the term of this Agreement will end twelve (12) months after substantial completion or the proposed warranty period on August 31, 2024, whichever comes first. 3.MAJOR RESPONSIBILITIES AND DUTIES 3.1. Work Schedule: The Project Manager shall provide personnel, to be identified to Owner in writing by Project Manager, to assist in the oversight of the design and construction process. The Owner reserves the right to reject the proposed personnel. The Project Manager will act as an extension of the Owner’s staff to facilitate and assist in the management of various aspects of the Project. pg. 2 The Project Manager will report directly to and work under the direction of the Owner’s Designated Representative (ODR), to be identified to Project Manager in writing by Owner. 3.2. Scope of Work: The Project Manager shall assist the Owner in the project management for Projects as identified in individual task orders. Each task order issued under this Agreement will be executed by both parties. The Project Manager’s primary responsibilities will be to assist the Owner in managing the design and construction phases of Projects, as set forth in the Services Required, attached hereto, and made a part hereof for all purposes as (Attachment A). The Project Manager will not be responsible for, nor does the Project Manager control, the means, methods, techniques, sequences, and procedures of construction for the Project. It is understood that the Project Manager’s action in providing quality review under this Agreement is a service of the Project Manager for the sole benefit of the Owner and, by performing as provided herein, the Project Manager is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the construction for this Project or its compliance with the Contract Documents. No action taken by the Project Manager shall relieve the Architect or General Contractor for the Project from its obligation to perform the work in strict conformity with the requirements of the Contract Documents, and in strict conformity with all other applicable laws, codes, rules, and regulations. The Project Manager shall endeavor to ensure substantial conformity of the construction with plans and specifications. The Project Manager shall utilize this information to create reports generated from each on-site visit. Project Manager will endeavor to assure that all Operation and Maintenance (“O&M”) manuals, as-built drawings, warranties, and appropriate certifications have been received, assembled by Project, and delivered to the Owner, while remaining under contract with the City of Huntsville. Prior to delivering documents to the Owner, the Project Manager will make sure that as-built drawings are signed by the EOR and accepted by the Owner. Project Manager will review all Construction related Invoices and provide comments to the Owner. The Project Manager shall report to the Owner in writing any decisions it is aware of concerning disputes between any interested party and the Owner relating to the acceptability of the work, or the interpretation of the requirements of the Contract Documents pertaining to the furnishing and performing of the work. The Owner will provide the Project Manager access to city facilities where construction activities are planned or being constructed. pg. 3 3.3. Facilities: City of Huntsville will endeavor to provide Project Manager with full access to existing construction related contracts and documents. The Owner will also designate a workstation (if possible) for the Project Manager in the existing Service Center. The Project Manager is responsible for the following: •Personal computer(s). •Software to perform services being requested. •Transportation. •Any necessary office supplies. •Any other materials or equipment required to fulfill the terms of this Agreement. •Valid Insurance. 4.EMPLOYER IDENTIFICATION NUMBER •Social Security Number or (EIN) Employer Identification Number 74-2775067. 5.PAYMENT FOR SERVICES The Owner will compensate the Project Manager on the basis of fixed billable rates set out in each task order proposal. These billable hourly rates are inclusive of all profit (fee), general administrative overhead costs, and personnel expense for each employee. Personnel expense shall include and be limited to, base hourly wage, payroll taxes, employee benefits and Workers' Compensation insurance. A schedule of hours shall also be attached with each task order proposal. This schedule will be the basis for the Project Managers total compensation for each task order. The Project Manager will exercise due care and diligence in monitoring the Maximum Project Fee. Further, the Project Manager shall notify Owner within three (3) business days of determining additional hours in excess of the Maximum Project Fee will be needed. The Project Manager will bill the Owner monthly for the actual number of hours of services provided by the Project Manager, times the hourly rates set out in each task order. The Owner shall pay Project Manager no later than thirty (30) days after the date of receipt of the invoice from Project Manager. Delinquent payments are subject to the Texas Prompt Pay Act, Texas Government Code Chapter 2251. 6.INDEPENDENT CONTRACTOR RELATIONSHIP In the performance of the services hereby contemplated, the Project Manager is an independent contractor, and neither the Project Manager nor the principals, partners, employees, or subcontractors of the Project Manager shall be deemed employees of the Owner. Nothing herein shall be construed to create a partnership, joint venture or employment arrangement between the Owner and Project Manager. pg. 4 7.TERMINATION Either Party may terminate this Agreement for convenience with thirty (30) days written notice of termination. In the event of termination by either Party, Project Manager shall only be paid for work performed up to the date of termination. 8.DISPUTE RESOLUTION If the Owner or the Project Manager shall contend that the other has committed a material breach of this Agreement, the party alleging such breach shall, as a condition precedent to filing any lawsuit, notify the breaching party describing the breach and demanding corrective action. The breaching party has five business days from its receipt of the notice to correct the breach, or to begin and continue with reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, either party may invoke the dispute resolution process. Request for mediation shall be in writing and shall request that the mediation commence not less than thirty (30) or more than ninety (90) days following the date of the request, except upon agreement of both parties. In the event the Owner and the Project Manager are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) days following the date of the request for mediation, all conditions precedent in this article shall be deemed to have occurred. 9.PROPRIETARY INFORMATION It is understood between the Parties hereto that during the term of this Agreement, Project Manager may be dealing with confidential information and processes which are the property of Owner used in the course of its business. Project Manager agrees that Project Manager will not disclose, directly or indirectly, any such matters, or use them other than in the course of work under this Agreement unless withholding such information would violate the law or create the risk of significant harm to the public. Project Manager will relate any Open Record Requests to the Owner, City Secretary’s office, for determination of whether it should be honored. 10.ASSIGNMENT Neither this Agreement nor any duties or obligations hereunder shall be assignable by the Project Manager or Owner without prior written consent of the other. In the event of an assignment by the Project Manager to which the Owner has consented, the assignee or its legal representative shall agree in writing with the Owner to personally assume, perform and be bound by the covenants, obligations, and agreements contained herein. pg. 5 11.SUCCESSORS AND ASSIGNS Subject to the provisions regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, legal representatives, successors, and assigns of the respective Parties. 12.GOVERNING LAW AND VENUE The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the Parties hereunder, shall be governed by the laws of the State of Texas. Any legal action brought in state court shall have venue in Walker County, Texas. 13.ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the Parties and supersedes any and all other agreements, either oral or written, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter that is not contained herein shall be valid or binding. 14.AMENDMENT This Agreement may be amended only by the mutual agreement of the Parties hereto in writing and incorporated into this Agreement. The duly appointed representative of each party must sign any such amendment. 15.INDEMNIFICATION To the fullest extent permitted by law, the Project Manager shall indemnify and hold harmless the Owner, its employees, officers, directors, and partners from and against damages arising from third party claims for bodily injury or property damage and reasonable attorneys’ fees incurred by the Owner but only to the extent solely caused by the negligent act, error or omission of the Project Manager, or the Project Manager’s consultants, in performance of services under this Agreement. 16.NOTICES All written notices provided to the Parties pursuant to this Agreement shall be forwarded to each party at the address indicated below. Such notices shall be considered duly and properly given when delivered in person or actually deposited by either party via U.S. mail or any other delivery service Project Manager. 17.APPROPRIATIONS Notwithstanding any provision contained herein, the financial obligations of the Owner contained herein are subject to and contingent upon appropriations by the Owner’s Executive Committee of such funds or other revenues being available, received and appropriated by the Owner in amounts sufficient to satisfy said obligations. In no event shall this instrument be construed to be a debt of the Owner. pg. 6 18.GOVERNMENTAL IMMUNITY Nothing in this Agreement shall be deemed to waive, modify, or amend any legal defense available at law or in equity to either the Owner or its officers and employees. Neither the Owner, nor its officers and employees waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas. 19.SEVERABILITY If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 20.NO WAIVER OF ANY CONTRACTUAL RIGHT The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. 21.COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. A signature transmitted by facsimile or similar equipment shall be deemed an original signature. 22.NO THIRD-PARTY BENEFICIARY This Agreement inures to the benefit of and obligates only the Parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a party to it. The Parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit, protection, release, or other consideration under this Agreement. 23.HEADINGS The description headings used in this Agreement are inserted for reference only and do not and shall not be deemed to modify the construction of any of the provisions of this Agreement. pg. 7 WHEREAS the Parties hereto agree to the terms of this Agreement as set forth above, the duly designated representatives of the City of Huntsville “Owner” and AG|CM, Inc., “Project Manager” hereby execute this Agreement. The Parties hereto acknowledge that they have read this Agreement, understand its contents, and agree to be legally bound by the terms and conditions of this Agreement. Executed and dated as of the ___________ day of ______________, 2022. PROJECT MANAGER: AG|CM PO Box 2682 Corpus Christi, TX 78403 (361) 882-0469 By: ______________________________ Date: __________ __________________, CCM OWNER:City of Huntsville 1212 Ave M Huntsville, Texas 77340 Phone: (936) 291-5401 Fax: (936) 291-5409 By: ______________________________ Date: __________ Aron Kulhavy, City Manager Item/Subject: To hear a presentation and to consider acceptance of the audit for FY 20-21 from Pattillo, Brown, and Hill, LLP, CPAs. Initiating Department/Presenter: Finance Presenter: Steve Ritter – Finance Director Recommended Motion: Move to accept the FY 20-21 audit from Pattillo, Brown and Hill, LLP, CPAs. Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: By Charter and State Statutes the City is required to have a financial audit annually by a Certified Public Accountant. The Finance Committee received a presentation at its March 1, 2022, meeting. The CPA firm of Pattillo, Brown and Hill has performed the audits for the 9 previous fiscal years and the City Council approved engaging/renewing Pattillo, Brown & Hill as the City’s auditors for the 16-17, 17- 18, 18-19, 19-20, and 20-21 fiscal years at a meeting June 20, 2017. This was the tenth year for the firm as the City’s auditors. Previous Council Action: None Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☒Director of Finance ☒City Manager Associated Information: •A copy of the audit is provided separately with packets 3/15/22 Agenda Item: 2a CITY COUNCIL AGENDA Item/Subject: FIRST READING: Consider accepting the petition for consent to the creation of Huntsville Municipal Utility District No. 1 by adopting Ordinance No. 2022-11: An ordinance consenting to the creation of a Municipal Utility District. Initiating Department/Presenter: Development Services Presenter: Kevin Byal - Director of Development Services Recommended Motion: Move to accept the petition for consent to the creation of Huntsville Municipal Utility District No. 1 by adopting Ordinance No. 2022-11: An ordinance consenting to the creation of a Municipal Utility District. First reading. 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: At the March 1, 2022 Council meeting, the city council authorized the City Manager to enter into a developers agreement with East Loop Investments, LLC., associtated with the proposed In-city MUD No. 1 on an approximately 350-acre development for a single-family master planned community. This ordinance is the next step in the creation of the In-city MUD No. 1 and gives consent to the developer to move forward with the creation of this MUD. 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. •March 1, 2022, the Council authorized 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. Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: •Ordinance 2022-11 •Exhibit A – Petition for consent to the creation of Huntsville Municipal Utility District No. 1 •Exhibit B – Development Plan 3/15/22 Agenda Item: 2b CITY COUNCIL AGENDA ORDINANCE NO. 2022-11 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS CONSENTING TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT TO BE KNOWN AS HUNTSVILE MUNICIPAL UTILITY DISTRICT NO. 1 WHEREAS, East Loop Investments, LLC. (“Owner”) is the owner of approximately 350 acres of land (the “Tract”), approximately 87 acres of which is located within the City’s corporate boundaries, and approximately 263 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 the development or use of Tract. Section 6: Should any paragraph, sentence, clause, phrase, or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. PASSED AND APPROVED THIS ____ DAY OF __________________ 2022. CITY OF HUNTSVILLE, TEXAS __________________________________ Andy Brauninger, Mayor ATTEST: ___________________________________ Kristy Doll, City Secretary APPROVED AS TO FORM: ___________________________________ Leonard Schneider, City Attorney PETITION FOR CONSENT TO CREATION OF HUNTSVILLE MUNICIPAL UTILITY DISTRICT NO. 1 THE ST ATE OF TEXAS COUNTY OF WALKER § § § TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: The undersigned (the "Petitioner"), acting pursuant to the provisions of Chapters 49 and 54, Texas Water Code, as amended, respectfully petitions this Honorable City Council and Mayor for its consent to the creation of a municipal utility district, and would show the following: I. The name of the proposed district shall be "Huntsville Municipal Utility District No. 1" (the "District"). II. The District shall be created and organized under the terms and provisions of Article XVI,Section 59 and Article III, Section 52 of the Texas Constitution and Chapters 49 and 54, Texas Water Code, together with all amendments and additions thereto. III. The District shall contain an area of approximately ___ acres of land (the "Land"), situated in Walker County, Texas, as more particularly described in Exhibit "A" attached hereto and incorporated herein. All of the land proposed to be included is within the corporate limits of the City of Huntsville, Texas (the "City"). All of the land proposed to be included may properly be included in the District. IV. The Petitioner hereby represents that it owns a majority in number of the holders and in the value of the Land which is proposed to be included in the District, as shown by the county tax rolls and conveyances of title recorded in the real property records of Walker County. V. The Petitioner represents that no person or entity holds a lien on the Land and there are no residents on the Land. EXHIBIT A IX. A preliminary investigation has been made to determine the cost of the proposed projects of the District, and it is now estimated by the Petitioner, utilizing its best actual knowledge based upon such information as it has at this time, that the ultimate cost of the project contemplated will be approximately$ _______ _X. WHEREFORE, the Petitioner prays this petition be heard and the Mayor and City Council duly pass and approve an ordinance or resolution granting the consent to the creation of the District and authorizing the inclusion of the Land described herein within the District. [REMAINDER OF TIDS PAGE INTENTIONALLY BLANK] RESPECTFULLY SUBMITTED this JJ<. tl.-day of� °'-V\.v�\ "PETITIONER", 2021.EAST LOOP INVESTMENTS, L.L.C.,a Texas limited liability companyTHE STATE OF TEXASCOUNTY OF \.\,b,;v .. 12,,J.-�§ § § This instrument was acknowledged before me on the 14 Ti day of JWJ"'-!:'( 2021,by.J� /t\ • V'�L-E:�\M(O, as �f'b�'f of East Loop Investments, L.L.C., aTexas limited liability company, on behalf of said limited liability company.(SEAL)OMAR MAltTIMEZ Mot1ry ID #128769563 My Commission Expires October 22, 2023 Notary Public, State of Texas DETENTION±12.0 Ac.DETENTION±12.4 Ac.DETENTION±12.5 Ac.DETENTION±13.5 Ac.LS±0.5 Ac.PARK±1.5 Ac.PARK±0.5 Ac.PARK±0.5 Ac.REC CENTER±3.4 Ac.SF-163 LOTS(TYP.60'x120')±15.4 Ac.SWINGTRACT99 LOTS(TYP.60'x120')±20.6 Ac.SF-258 LOTS(TYP.60'x120')±14.2 Ac.SF-480 LOTS(TYP.50'x120')±17.0 Ac.SF-3100 LOTS(TYP.60'x120')±26.3 Ac.SF-6109 LOTS(TYP.50'x120')±23.0 Ac.SF-7108 LOTS(TYP.50'x120')±23.3 Ac.SF-10185 LOTS(TYP.50'x120')±40.7 Ac.SF-1194 LOTS(TYP.50'x120')±20.2 Ac.SF-886 LOTS(TYP.50'x120')±18.4 Ac.SF-9117 LOTS(TYP.50'x120')±24.8 Ac.SF-587 LOTS(TYP.50'x120')±17.9 Ac.Huntsville City LimitsHuntsville ETJSam Houston National ForestFloodwayFloodplainVETERANSMEMORIAL PKWY.PROPOSED COLLECTORPer Huntsville MTPAUTUMN RD.SUMMER LN.ClubLakeSpringLakeSam HoustonNational ForestPHASE IPHASE IIDETENTION±12.0 Ac.DETENTION±12.4 Ac.DETENTION±12.5 Ac.DETENTION±13.5 Ac.LS±0.5 Ac.PARK±1.5 Ac.PARK±0.5 Ac.PARK±0.5 Ac.REC CENTER±3.4 Ac.SF-163 LOTS(TYP.60'x120')±15.4 Ac.SWINGTRACT99 LOTS(TYP.60'x120')±20.6 Ac.SF-258 LOTS(TYP.60'x120')±14.2 Ac.SF-480 LOTS(TYP.50'x120')±17.0 Ac.SF-3100 LOTS(TYP.60'x120')±26.3 Ac.SF-6109 LOTS(TYP.50'x120')±23.0 Ac.SF-7108 LOTS(TYP.50'x120')±23.3 Ac.SF-10185 LOTS(TYP.50'x120')±40.7 Ac.SF-1194 LOTS(TYP.50'x120')±20.2 Ac.SF-886 LOTS(TYP.50'x120')±18.4 Ac.SF-9117 LOTS(TYP.50'x120')±24.8 Ac.SF-587 LOTS(TYP.50'x120')±17.9 Ac.Huntsville City LimitsHuntsville ETJSam Houston National ForestFloodwayFloodplainVETERANSMEMORIAL PKWY.PROPOSED COLLECTORPer Huntsville MTPAUTUMN RD.SUMMER LN.ClubLakeSpringLakeSignal &TurnLanesSam HoustonNational ForestPHASE IPHASE IIMETA P LAN N IN G + D E S IG N ©2022, ALL RIGHTS RESERVED META P L A N N IN G + DESIGNTHIS DRAWING IS A GRAPHIC REPRESENTATION FOR PRESENTATION PURPOSES ONLY AND IS NOT FOR COMPUTATION OR CONSTRUCTION PURPOSES. SAID DRAWING IS A SCANNED IMAGE ONLY AND IS SUBJECT TO CHANGE WITHOUT NOTICE. META PLANNING + DESIGN MAY OR MAY NOT INTEGRATE ADDITIONAL INFORMATION PROVIDED BY OTHER CONSULTANTS, INCLUDING BUT NOT LIMITED TO THE TOPICS OF ENGINEERING AND DRAINAGE, FLOODPLAINS, AND/OR ENVIRONMENTAL ISSUES AS THEY RELATE TO THIS DRAWING. NO WARRANTIES, EXPRESSED OR IMPLIED, CONCERNING THE PHYSICAL DESIGN, LOCATION, AND CHARACTER OF THE FACILITIES SHOWN ON THIS MAP ARE INTENDED. ADDITIONALLY, NO WARRANTY IS MADE TO THE ACCURACY OF THE INFORMATION CONTAINED HEREIN.© 2022 META PLANNING + DESIGN, ALL RIGHTS RESERVEDMTA-I-557FEBRUARY 24, 2022SCALE0600300150a conceptual development plan forprepared for7+(5,'*(±350.0 ACRES OF LANDTREATY OAK DEVELOPERSNN24275 Katy Freeway, Ste. 200Katy, Texas 77494Tel: 281-810-1422TOTAL LOTS: 1,186LOT SUMMARY50’x120’60’x120’866 LOTS320 LOTS73%27%LEGENDCOLLECTOR ROADSANITARY SEWER LINE/FORCE MAINLIFT STATIONMAJOR LIFT STATIONWATERLINEPROPOSED SEWER CONNECTION.EXHIBIT “A” Item/Subject: Consider the appointments to City of Huntsville Boards, Commissions, and Committee for expired terms or vacant board positions. Initiating Department/Presenter: City Council Presenter: Mayor Andy Brauninger Recommended Motion: Move to appoint the Board and Committee members as presented. Strategic Initiative: Goal #5 - Resource Development - Enhance the quality of life for citizens, businesses and visitors by leveraging the human and fiscal resources available to the community. Discussion: Please see the attached list for appointments or reappointments to the following City of Huntsville Boards, Commisisions or Committees: Ad Hock Committee to Review Rules of Procedure and Cemetery Advisory Board. Previous Council Action: None Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: •2022 Board and Committte Appointments 03/15/2022 Agenda Item: 3a CITY COUNCIL AGENDA BOARDS/COMMISIONS/COMMITTEES SEATS BOARD MEMBER Cemetary Advisory Board 7 seats 2-year terms #5 Billly Cauther #6 Colt Christian Ad Hoc Committee to review Rules of Procedure Daiquiri Beebe Pat Graham Deloris Massey