Loading...
City Council Meeting Agenda Packet 4-5-2022Item/Subject: Public hearing to hear testimony in regard to 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 at 350 FM 1791 North. 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 Villages of Magnolia Farms and Westin Meadows Public Improvement District (PID) within the City of Huntsville, Texas Extra-Territorial Jurisdiction (ETJ). 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 March 1, 2022, Council meeting, City Council passed Resolution 2022-13, setting the date of the required public hearing for the proposed Villages of Magnolia Farms and Westin Meadows 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 March 1, 2022, Council meeting, Council voted 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 Villages of Magnolia Farms and Westin Meadows Public Improvement District within the City of Huntsville, Texas Extra-Territorial Jurisdiction (ETJ). 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, March 19-20, 2022 Huntsville Item 4/5/22 Agenda Item: 00 CITY COUNCIL AGENDA To be published in the weekend edition of the Item for Saturday/Sunday, March 19/20, 2022 PUBLIC HEARING NOTICE Pursuant to Section 372.009(c) and (d) of the Texas Local Government Code, as amended, notice is hereby given that the City Council of the City of Huntsville, Texas, will hold a public hearing to accept public comments and discuss the petition, filed by Waterstone Development Group, LLC, requesting that the City create the "Villages of Magnolia Farms and Westin Meadows Public Improvement District" (to include the Petitioner and the property owner). Time and Place of the Hearing. The public hearing will start at 6:00 p.m. on April 5, 2022, in the City of Huntsville City Council Chambers, 1212 Avenue M, Huntsville, Texas 77340. General Nature of Proposed Improvements: The general nature of the proposed public improvements (the “Improvements”) may include: (i) landscaping; (ii) erection of fountains, distinctive lighting, and signs; (iii) acquiring, constructing, improving, widening, narrowing, closing, or rerouting of sidewalks or of streets, any other roadways, or their rights-of-way; (iv) construction of improvement of pedestrian malls; (v) acquisition and installation of pieces of art; (vi) acquisition, construction, or improvement of libraries; (vii) acquisition, construction, or improvement of off-street parking facilities; (viii) acquisition, construction, improvement, or rerouting of mass transportation facilities; (ix) acquisition, construction, or improvement of water, wastewater, or drainage facilities or improvements; (x) the establishment or improvement of parks; (xi) projects similar to those listed in (i)-(x); (xii) acquisition, by purchase or otherwise, of real property in connection with an authorized improvement; (xiii) special supplemental services for improvement and promotion of the district, including services relating to advertising, promotion, health and sanitation, water and wastewater, public safety, security, business recruitment, development, recreation, and cultural enhancement; (xiv) payment of expenses incurred in establishment, administration, and operation of the District, including the costs of financing the public improvements listed above; (xv) the development, rehabilitation, or expansion of affordable housing; and (xvi) payment of expenses associated with operating and maintaining the improvements listed above. Total Estimated Cost of Improvements: $33,000,000 Public Improvement District Boundaries: The PID will consist of a 116.828-acre tract of land (the “Property”) located within the extra-territorial jurisdiction of the City. A map and metes and bounds description of the proposed PID can be found at the office of the City Planner, at 448 SH 75 North, Huntsville, TX 77320. 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. Each assessment may be paid in part or in full at any time (including interest), and certain assessments may be paid in annual installments (including interest). If the City allows an assessment to be paid in installments, then the installments must be paid in amounts necessary to meet annual costs for those Improvements financed To be published in the weekend edition of the Item for Saturday/Sunday, March 19/20, 2022 by the assessment and must continue for a period necessary to retire the indebtedness on those Improvements (including interest). The assessment of the methodology will result in each parcel paying its fair share of the costs of the public improvements provided with the assessments based on the special benefits received by the property from the public improvements and property equally situated paying equal shares of the costs of the public improvements. Proposed Apportionment of Cost Between the Public Improvement District and the City: Approval and creation of the PID will not obligate the City to provide any funds to finance the proposed public improvements. No City property in the District shall be assessed. The Petitioner may fund certain improvements from other funds available to the Petitioner. Page 1 of 6 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 1st DAY OF MARCH 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, Bert Lyle COUNCILMEMBERS ABSENT: OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City Attorney WORKSHOP [5:30 P.M.] Presentation on City Hall Conceptual Design 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. Mayor Brauninger gave the invocation and led the pledges. PROCLAMATIONS a. Proclamation – Mance Park Middle School 8th Grade Girls Basketball Team for their outstanding performance b. Proclamation – Huntsville High School Girls Basketball Team for their outstanding performance 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] Mayor opened the Public Hearing at 6:18 p.m. A presentation was received by the applicant Paul Garza Testimony was heard in support of the application from: Chris Cherry Testimony was heard in opposition of the application: None Mayor closed the Public Hearing at 6:21 p.m. 1. CONSENT AGENDA Public Comments will be called for by the presiding officer before action is taken on these items. (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.) a. Consider approving the minutes of the regular City Council meeting held on 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 Project budgets. [Kristy Doll, City Secretary] Page 2 of 6 c. 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. [Kristy Doll, City Secretary] d. Consider authorizing the City Manager to execute an Interlocal Agreement for the Improvement and Lease of a Parking Area. [Kristy Doll, City Secretary] 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. [Kristy Doll, City Secretary] Councilmember Beebe made a motion to approve the consent agenda; the motion was seconded by Councilmember Mullins. The motion was adopted, 9-0 2. STATUTORY AGENDA a. 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. [Kevin Byal, Director of Development Services] Councilmember Beebe made motion 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; the motion was seconded by Councilmember McKenzie. The motion was adopted, 9-0. 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 Westin Meadows Public Improvement District” within the City of Huntsville, Texas Extra-Territorial Jurisdiction (ETJ) on property located in the 350 FM 1791 North. [Kevin Byal, Director of Development Services] Councilmember Beebe made motion to approve 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; the motion was seconded by Councilmember McKenzie. The motion was adopted, 9-0. c. FIRST READNG: 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 und 702) – Project 18-03-01. [Dr. Kathlie S. Jeng-Bulloch, City Engineer] Councilmember Humphrey moved 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; the motion was seconded by Councilmember McKenzie. The motion was adopted, 9-0. d. 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. [Dr. Kathlie S. Jeng-Bulloch, City Engineer] Councilmember Humphrey moved 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); the motion was seconded by Page 3 of 6 Councilmember Strong. The motion was adopted, 9-0. e. 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. [Dr. Kathlie S. Jeng-Bulloch, City Engineer] [Requires a record vote Councilmember Beebe moved 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; the motion was seconded by Councilmember Lyle. The motion was adopted, 9-0. Roll call yes: Councilmembers; Beebe, Humphrey, McKenzie, Mullins, Strong, Graham, Massey, Lyle, and Mayor Andy Brauninger No: None The motion passed 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 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. [Dr. Kathlie S. Jeng-Bulloch, City Engineer] [Requires a record vote] Councilmember Beebe moved 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, Page 4 of 6 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; the motion was seconded by Councilmember McKenzie. [Requires a record vote]. The motion was adopted, 9-0. Roll call yes: Councilmembers; Beebe, Humphrey, McKenzie, Mullins, Strong, Graham, Massey, Lyle, and Mayor Andy Brauninger No: None The motion passed g. 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. [Dr. Kathlie S. Jeng-Bulloch City Engineer] [Requires a record vote] Councilmember Beebe moved 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; the motion was seconded by Councilmember McKenzie. [Requires a record vote]. The motion was adopted, 9-0. Roll call yes: Councilmembers; Beebe, Humphrey, McKenzie, Mullins, Strong, Graham, Massey, Lyle, and Mayor Andy Brauninger No: None The motion passed 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 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. Councilmember Beebe moved 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, Page 5 of 6 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; the motion was seconded by Councilmember McKenzie. [Requires a record vote]. The motion was adopted, 9-0. Roll call yes: Councilmembers; Beebe, Humphrey, McKenzie, Mullins, Strong, Graham, Massey, Lyle, and Mayor Andy Brauninger No: None The motion passed 3. CITY COUNCIL/MAYOR/CITY MANAGER None 4. REQUESTS FOR CITIZEN PARTICIPATION (An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken.) None 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff, for which no action will be discussed or taken.) None 6. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff for which no action will be discussed or taken.) Mayor Brauninger provided information on the Wynne Home Arts and Visitors Center Annual Empty Bowls Fundraiser. Councilmember Beebe provided information on Baptized a Texan. Councilmember Lyle provided information on the Texas A&M Forest Service hosting Trees and Seeds. Councilmember Humphrey provided information on the Main Street Adopt a Block event. Councilmember Massey provided information on the Gracie Humaita Huntsville Gym hosting a free women’s self-defense class. Councilmember McKenzie provided information on the Citizenship Preparation Course. Councilmember Strong provided information on the Mad Science presentation at the Huntsville Public Library, “Fire and Ice”. Councilmember Mullins provided information on “Pottery for Kids!”. Page 6 of 6 Councilmember Graham provided information on “Yarn Art”. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 7::16 p.m. ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Kristy Doll, City Secretary Andy Brauninger, Mayor Page 1 of 3 MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 15th DAY OF MARCH 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, Dee Howard Mullins, Jon Strong, Andy Brauninger, Pat Graham, Deloris Massey, Bert Lyle COUNCILMEMBERS ABSENT: Vicki McKenzie OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City Attorney WORKSHOP [5:00 P.M.] Presentation on Economic Development 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 Humphrey gave the invocation and pledges were led by the Boy Scout Troup #98. 1. CONSENT AGENDA Public Comments will be called for by the presiding officer before action is taken on these items. (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.) a. Consider approving the minutes of the regular City Council meeting held on 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 Project budgets. [Kristy Doll, City Secretary] c. 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. [Kristy Doll, City Secretary] d. Consider authorizing the City Manager to award and enter into a contract with K. Tillman Construction, LLC, for the Fleet Building Roof Rehabilitation. [Kristy Doll, City Secretary] 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. [Kristy Doll, City Secretary] 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. [Kristy Doll, City Secretary] Councilmember Beebe made a motion to approve the consent agenda; the motion was seconded by Councilmember Graham. The motion was adopted, 9-0 Page 2 of 3 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] Chris Pruitt with Pattillo, Brown, and Hill, LLP, CPA gave a presentation on the FY20-21 audit. Councilmember Beebe made a motion to accept the FY 20-21 audit from Pattillo, Brown and Hill, LLP, CPAs; the motion was seconded by Councilmember Mullins. The motion was adopted, 9-0. b. FIRST READING: Consider consenting 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] First Reading – No action taken 3. CITY COUNCIL/MAYOR/CITY MANAGER a. Consider the appointments to City of Huntsville Boards, Commissions, and Committees. [Andy Brauninger, Mayor]. BOARDS/COMMISIONS/COMMITTEES SEATS BOARD MEMBER Cemetery 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 Mayor Brauninger made a motion to approve appointments to the City of Huntsville Boards and Commissions. There were no objections. The motion was adopted, 9-0. 4. REQUESTS FOR CITIZEN PARTICIPATION (An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken.) William Green – Storm water issues 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff, for which no action will be discussed or taken.) 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 Adopt-a-block March 12th Councilmember Beebe provided information about the Huntsville Public Library Talent Show Councilmember Lyle provided information about the Gracie Humaita Huntsville Gym hosting a free women’s self-defense class. Councilmember Humphrey provided information about a free five-week Citizenship Preparation Course. Councilmember Massey provided information about the Mad Science presentation “Fire and Ice”. Councilmember Lyle provided information about the Huntsville Public Library offering free beginner guitar lessons. Councilmember Mullins provided information about the library hosting “Pottery for Kids!” Councilmember Graham provided information about a “Yarn Art” class for teens. Councilmember Strong provided information about the Easter Bunny coming to the Old Police Department on April 9th to pose for photos! Mayor Brauninger provided information about the upcoming dedication of the Vietnam Wall Memorial. 7. EXECUTIVE SESSION a. City Council convened 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. (Leonard Schneider, City Attorney / Councilmember Dee Howard Mullins) Council convened in executive session at 6:41 p.m. 8. RECONVENE Council reconvened in executive session at 7:31 p.m. No further business was discussed. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 7:31 p.m. ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Kristy Doll, City Secretary Andy Brauninger, Mayor Item/Subject: Consider adoption of Ordinance 2022-13 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 2022-13 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 15, 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 2022-13, page 2 •Exhibit A (list of budget amendments), pages 3 - 4 4/5/2022 Agenda Item: 01c CITY COUNCIL AGENDA ORDINANCE NO. 2022-13 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 5th day of April 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 April 5, 2022 Exhibit A Increase:Library Special Revenue Fund - Purchases - Special Monies 3,139$ Increase:Library Special Revenue Fund - Friends of the Library Contributions 3,139$ Explanation: The "Friends of the Library" wanted to pay for some new technology for the "Nash Board Room" and they have provided $3,139 to cover the cost of the purchases. Equipment being purchased includes a new computer for the room, a new larger screen television for the room, an omnidirectional conference telephone and cabling, etc.. Approval of this budget amendment allows for the use of the contribution to make the desired purchases. Item/Subject: SECOND 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. Second 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: East Loop Investments, LLC., is pursuing the creation of the proposed In-city Huntsville Municipal Utility District No. 1 (MUD No. 1) on an approximately 350-acre development for a single- family master planned community. At the March 15, 2022 Council meeting, the city council considered the first reading of this ordinace to accept the petition for the creation of MUD No. 1. This ordinance is the next step in the creation of the MUD and gives the developer consent to move forward with the creation. 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. •March 15, 2022 Council considered the first reading of 2022-11 to accept the petition for the creation of MUD No. 1. 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 4/5/22 Agenda Item: 01d CITY COUNCIL AGENDA 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 350 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 THE STATE OF TEXAS COUNTY OF WALKER § § § I, the Secretary of the City of Huntsville, Texas, do hereby certify that a signed copy of the Petition for Consent to Creation of Huntsville Municipal Utility District No. 1 has been filed in my office. WITNESS MY HAND AND THE SEAL OF THE CITY, this __ day of 2022. ---------City Secretary City of Huntsville, Texas (SEAL) 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” 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 Exhibit "B" to Ordinance No. __________Page 1 of 3 EXHIBIT "B" CONSENT CONDITIONS The city council hereby finds, determines, and declares that it is to the best interests of the City of Huntsville and of the territory within its City Limits and Extraterritorial Jurisdiction (ETJ), that the proponents of any municipal utility district or any other political subdivision having as one of its purposes the supplying of fresh water for domestic or commercial uses, the furnishing of sanitary sewer service, or the furnishing of drainage and/or flood control services when such district is sought to be created within the area of the City of the City of Huntsville, shall as a prerequisite to the written consent of the City of Huntsville, agree and covenant in writing, to adhere to the following rules. regulations and standards: (1)Bonds may be issued by the district only for the purpose of purchasing and constructing, or purchasing or constructing, or under contract with the city, or otherwise acquiring waterworks systems, sanitary sewer systems, sewage treatment facilities, storm sewer systems and drainage facilities, levee facilities, recreational facilities, roads, fire protection facilities or parts of such systems or facilities, and to make any and all necessary purchases, construction, improvements, extensions. additions and repairs thereto, and to purchase or acquire all necessary lands, rights-of-way. easements, sites, equipment, buildings, plants, structures, and facilities therefore, and maintain same and to sell water, sanitary sewer, and other services within or without the boundaries of the district. Such bonds of the district shall only be sold after taking public bids therefore. All district bonds shall provide that the district shall reserve the right to redeem said bonds on any interest payment date subsequent to the fifteenth anniversary of the date of issuance without premium. No bonds, other than refunding bonds, shall be sold at less than ninety-five (95) percent of par, provided that the net effective interest rate on bonds so sold, taking into account any discount or premium as well as the interest rate borne by such bond, will not exceed two (2) percent above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period next preceding the date notice of the sale of such bonds is given, and that bids for the bonds will be received not more than forty- five (45) days after the notice of sale of the bonds is given. The maximum term of any debt issuance shall be no greater than thirty (30) years from the date of issuance of the District's first series of bonds. The minimum par amount of any bonds issued, except a final issue, shall be one million dollars ($1,000,000.00). Each issue of bonds shall be structured to achieve either level principal payments or level debt service payments, excluding the first two (2) years of debt service. The district shall submit to the city pro forma cash flows evidencing a district tax rate (both maintenance and operations rate and interest and sinking rate combined) not to exceed one dollar and fifty cents ($1.50) per one hundred dollars ($100.00) assessed valuation. Each bond issue shall not Exhibit "B" to Ordinance No. __________Page 2 of 3 include more than two (2) years of capitalized interest. The resolution authorizing the issuance of the district's bonds will contain a provision that any pledge of the revenues from the operation of the district's water and sewer and/or drainage system to the payment of the district's bonds will terminate when and if the City of Huntsville annexes the district, takes over the assets of the district and assumes all of the obligations of the district. No land will be added or annexed to the district until the City of Huntsville has given its written consent by resolution or ordinance of the city council to such addition or annexation. Refunding bonds shall comply with the City's ordinance on refunding bonds as it may be amended from time to time. (2)Before the commencement of any construction within the district, the district, its directors, officers, or developers and landowners will submit to the cityor its designated representative all plans and specifications for theconstruction of water, sanitary sewer, and drainage facilities to serve suchdistrict and obtain the approval of such plans and specifications from the city. Allwater wells, water meters, flush valves, valves, pipes, drainage pipes, drainageditches, drainage basins, all water service lines and sewer service lines, lift stations, sewage treatment facilities and appurtenances thereto, installed or used within the district shall comply with the city's standard plans and specifications. Prior to the construction of such facilities within the district, the district, or its engineer shall give written notice to the city stating the date that such construction will be commenced. The construction of the district's water, sanitary sewer and drainage facilities shall be in accordance with the approved plans andspecifications of the city, and during the progress of the construction andinstallation of such facilities, the city or a designated representative of the citymay make periodic on-the-ground inspections to determine that the constructionand installation complies with the approved plans and specifications. (3)No such construction of water. sanitary sewer, and drainage facilitiesshall be started or undertaken by the district unless it has in its possession a certificate of the district's engineer, who shall be a registered professional engineer under the laws of the State of Texas, that in his opinion, such construction conforms to the city's established standards and specifications: and a letter or certificate from the engineer of the City of Huntsville that, in his opinion, such construction conforms to the city's established standards and specifications. (4)The owner and developer of the land within the district shall covenant and agree that he or they will, prior to the sale of any lot or parcel of land, obtain the approval of the planning commission and all other applicable authorities of the City of Huntsville of a plat thereof and properly record it in the deed records. (5)The district will not provide water or sewer service to a residential lotunless the plat covering such a lot has been approved by the planning commission and all other applicable authorities of the City of Huntsville. Exhibit "B" to Ordinance No. __________Page 3 of 3 (6)Full-time resident inspection shall be provided during the construction period by the district inspectors approved by the engineer of the city, which inspectors shall be removed upon the request of said city engineer if the inspectors are found not to be competent. In addition, an additional inspector or inspectors shall be furnished, if deemed necessary by the city engineer. Daily inspection reports shall be furnished, with a copy to the City of Huntsville. Construction contracts shall be bid and awarded in compliance with all laws. rules and regulations applicable to the district. Bid bonds, payment bonds, performance bonds and affidavits of payment shall be in all cases required in compliance with all applicable laws, rules, and regulations. Upon completion of construction, submission of a complete set of "as built" plans to the city by the district engineer shall be required. (7)Any district providing sewage treatment services agrees to employ asewage treatment plant operator holding a valid certificate of competency issued by the Texas Commission on Environmental Quality ("TCEQ"). The district agrees to send copies to the city of all reports, data and filings required to be made to TCEQ or any other regulatory authority having jurisdiction over the district's facilities or operations. (8)The district, its board of directors, officers, developers, and/orlandowners will not permit the construction, or commit to any development, within the district that will result in wastewater flow to the serving treatment facility which exceeds that facility's legally permitted average daily flow limitations or the district's allocated capacity therein. (9)The district shall levy a tax simultaneously with the first installment ofbonds and continue a tax levy until such bonds are paid in full unless revenues of the system are adequate to discharge such bonds. (10)No bonds or notes of the district shall be issued or sold unless thedistrict is in compliance with paragraph (1) above and not less than twenty (20) days following the filing of an application with the TCEQ for the approval of projects and bonds, the district provides the city with a copy of such application and not less than twenty (20) days prior to the publication of notice of sales, the district provides the city with a copy of the staff memorandum of the TCEQ approving the projects and bonds and a copy of its proposed bond order, preliminary official statement, bid form and notice of sale and the criteria set forth in subsection (1) above are met. The city shall review the documents submitted and the evidence of compliance with the criteria within fifteen (15) days following receipt of same. (11)Prior to the sale of any series of district bonds, the district shallsecure a letter to the Attorney General of Texas from the City of Huntsville to the effect that the district is in compliance with the terms and conditions of this division. Exhibit "B" to Ordinance No. __________Page 4 of 3 (12)The district will use its best efforts to structure its rates for water and sewer service in the same manner as the City of Huntsville even though levels of rates may vary. (13)The petitioner shall pay all costs as provided for in the City ofHuntsville’s adopted fee schedule. (14)In addition to any other notice requirements applicable to the district,the district must post notice of the meetings of its board of directors at all primary entrances into the district. and at the location designated for notices at city hall, not less than seventy-two (72) hours prior to any meeting. Notices shall also be provided to the city manager of the city prior to any meetings of the board of directors. The board of directors shall hold its meetings at a location accessible to its residents. At all times after the district has one hundred (100) residential connections, it shall hold the meetings of its board of directors at a location within the corporate limits of the city or within the boundaries of the district. (15)The official office for recordkeeping of the district must be accessibleto the district residents and shall not require a long-distance phone call for a district resident to contact the official office for recordkeeping. (16)The district shall comply with all applicable requirements of the TCEQregarding the display of signage at entrances into the district. Item/Subject: Consider the appointments to City of Huntsville Airport Advisory Board Initiating Department/Presenter: City Council Presenter: Mayor Andy Brauninger Recommended Motion: Move to appoint the Board members as presented to the Airport Advisory Board. 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: Appoint Wade Gillaspie as ex officio member of the Airport Advisory Board Appoint Alisa White to the Airport Advisory Board Previous Council Action: Council adopted Ordinance 2021-32 on October 19, 2021, amending the Huntsville Municipal Code, specifically Chapter 10, Aviation to add Article III, Airport Advisory Board to create an Airport Advisory Board. Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☐City Manager Associated Information: 4/5/2022 Agenda Item: 03a CITY COUNCIL AGENDA