City Council Meeting Agenda Packet 4-19-20221
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, APRIL 19, 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.] Transit and Mobility Study Presentation Briefing MAIN SESSION [6:00 p.m.]
CALL TO ORDER INVOCATION AND PLEDGES - U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge
allegiance to thee, Texas, one state, under God, one, and indivisible. PROCLAMATION
• Proclamation No. 2022-12 for Fair Housing Month 1. CONSENT AGENDA The presiding officer will call for public comments before action is taken on these items. (Approval of
Consent Agenda authorizes the City Manager to implement each item in accordance with staff
recommendations. An item may be removed from the Consent Agenda and added to the Statutory
Agenda for full discussion by request of a member of Council.) a. Consider approving the minutes of the regular City Council meeting held on April 5, 2022. [Kristy Doll, City Secretary]
b. Consider authorizing the City Manager to approve the purchase and installation of four (4) bleacher covers for Kate Barr Ross Park. [Penny Joiner – Director of Parks and Leisure] c. Consider acceptance of a petition for annexation and Resolution 2022-14, setting the date, time,
and place for a public hearing on the proposed annexation of approximately 263 acres of certain
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property by the city of Huntsville, Texas, and authorizing and directing the City Secretary to
publish notice of such hearing. [Kevin Byal – Director of Development Services] d. Consider updating and reaffirming the City’s Fair Housing Policy as required for continued program eligibility and compliance to administer various state and federal grants, and to adopt
Resolution 2022-16. [Kristie Hadnot, Grants Manager]
2. STATUTORY AGENDA a. Consider authorizing the City Manager to enter into a contract with Kendig Keast Collaborative (KKC) for the update of the City of Huntsville Development Districts. [Armon Irones – City
Planner]
b. Consider authorizing the City Manager to apply for the FEMA Hazard Mitigation Grant Program (HMGP) in the amount of $292,500 in grant funding, with a commitment of $97,500 being provided as the required City match and adopting Resolution 2022-15 in support of same for a
comprehensive drainage study for the Elkins Lake Subdivision. [Kristie R. Hadnot, Grants
Manager] 3. CITY COUNCIL/MAYOR/CITY MANAGER a. First Reading Consider adoption of Ordinance 2022-14, amending the Huntsville Municipal
Code, specifically Chapter 10, Aviation, Article III, Airport Advisory Board, Section 10-40 (a),
increasing the number of board members from seven (7) to nine (9). [Councilmember Howard-Mullins]
b. Consider commissioning a comprehensive drainage study to look at, itemize, and diagnose the flooding issues at Elkin’s Lake. [Councilmembers Strong, Lyle and Howard-Mullins]
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 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 Easement Acquisition for Utilities.
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, Section 551.071(1) & (2) – consultation with legal counsel for the purpose of attorney-client communications concerning the City of Huntsville New Police Headquarters and Fire Station #2/Fire Administration Building Project.
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8.RECONVENETake action on item discussed in executive session, if needed.
ADJOURNMENT
*If during the course of the meeting and discussion of any items covered by this notice, City Council determines that aClosed 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 – deliberationregarding 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 apublic 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 othermatters 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, onthe 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: April 14, 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 5th DAY OF APRIL 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, Dee Howard Mullins, Jon Strong, Andy Brauninger, Pat Graham, Deloris Massey, Bert Lyle, Vicki McKenzie COUNCILMEMBERS ABSENT: OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard Schneider, City Attorney MAIN SESSION [6:00 p.m.] CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible.
Councilmember McKenzie gave the invocation, and Mayor Brauninger led pledges. PROCLAMATIONS
• Proclamation No. 2022-6 for National Library Week
• Proclamation No. 2022-7 for Huntsville Hornets UIL Unified Basketball Team Day
• Proclamation No. 2022-8 for Sexual Assault Awareness and Prevention Month
• Proclamation No. 2022-9 for National Public Safety Telecommunications Week
• Proclamation No. 2022-10 for John Douch PRCA Tie-down Roping winner at Rodeo Houston PRESENTATION The City of Huntsville is the ENR Regional 2021 Best Projects recipient for the AJ Brown Wastewater Treatment Plant Improvements PUBLIC HEARING Public hearing to hear testimony regarding 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.
Mayor Brauninger opened the public hearing at 6:29 p.m. Director of Development Services Kevin Byal explained the Public Hearing requirements for the creation of a Public Improvement District. The applicant Charles Van Schmidt of Waterstone Development Group, gave a brief overview regarding 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. Citizen comments heard in support of the application: None Citizen comments heard in opposition of the application: None Mayor Brauninger closed the public hearing at 6:34 p.m.
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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
StatutoryAgenda for full discussion by request of a member of Council.) a. Consider approving the minutes of the regular City Council meeting held on March 1. 2022. [Kristy Doll, City Secretary] b. Consider approving the minutes of the regular City Council meeting held on March 15, 2022. [Kristy Doll, City Secretary] c. Consider adoption of Ordinance 2022-13 to amend the budget for FY 21-22 and/or CIP Project budgets. [Steve Ritter, Finance Director] d. 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. [Kevin Byal, Director of Development Services]
Mayor Brauninger requested Consent Agenda Item 1d be moved from Consent Agenda to the Statutory Agenda.
Councilmember Beebe made a motion to approve the consent agenda items a, b, and c; the motion was seconded by Councilmember Graham. The motion was adopted, 9-0 2. STATUTORY AGENDA Item 1d was moved from the Consent Agenda to the Statutory Agenda for discussion at the request of Mayor Brauninger. 1d 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. [Kevin Byal, Director of Development Services]
Councilmember Beebe made a motion 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; the motion was seconded by Councilmember McKenzie. The motion was adopted (9-0) 3. CITY COUNCIL/MAYOR/CITY MANAGER a. Consider the appointments to City of Huntsville Airport Advisory Board. [Andy Brauninger,
Mayor]. Mayor Brauninger made a motion to appoint the Board members as presented to the Airport Advisory Board. There were no objections. The motion was adopted, 9-0.
The Board members were appointed as follows: Wade Gillaspie as ex officio member of the Airport Advisory Board and Alisa White to the Airport
Advisory Board. 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.) Helen Schneider – Overpopulation of stray animals in the city and Walker County 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
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(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 about the annual Wynne home Easter Egg Hunt is this Saturday, April 9th, from 11:00-1:00. Councilmember Strong provided information about the Library, in partnership with SHSU LEAP Center,
presenting a free five-week Citizenship Preparation Course Councilmember Lyle provided information about National Library Week taking place this week, April 2-9.
Councilmember McKenzie provided information about the Easter Bunny coming to town at the Old Police Department on April 9th, from 10 a.m. to 2 p.m., to pose for pictures. Pictures are $5.00 per group.
Councilmember Mullins provided information about David Farris, a biology graduate student from SHSU, as he discusses the wonders and challenges of "Bird Migration" on April 26th. Councilmember Graham provided information about the Barbara Wiggs Fun Day in the Park on April 9, from 10:00 a.m. to 2:00 p.m. Councilmember Beebe provided information about the Rosenwald Acres for an Earth Day Festival. There is an afternoon of free musical entertainment, a bonfire, and a movie on April 22nd from 3:00-8:00 p.m. Councilmember Humphrey provided information about the Piney Woods Page Turners Book Club at the Huntsville Public Library. All interested persons are welcome to join in person or virtually. Councilmember Massey provided information about the Huntsville Public Library's "Understanding the
1950 Census'' from 3 to 5 p.m. on April 6th. ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 6:56 p.m.
ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Kristy Doll, City Secretary Andy Brauninger, Mayor
Item/Subject: Consider authorizing the City Manager to approve the purchase and installation of four
(4)bleacher covers for Kate Barr Ross Park.
Initiating Department/Presenter: Parks & Leisure
Presenter: Penny Joiner – Director of Parks and Leisure
Recommended Motion: Move to authorize the City Manager to approve the purchase and installation
of four (4) bleacher covers for Kate Barr Ross Park in the amount of $58,766.65.
Strategic Initiative: Goal #1 - City Appearance - Provide policies, amenities, and events that enhance
the City’s already beautiful and historic natural environment.
Discussion: The approved FY 21-22 Capital Improvement Project list included $60,000 for bleacher
covers at Kate Barr Ross Park on Fields 10 and 11.
The bleacher covers for Field 11 (Baseball Field) will provide shading from the sun as well as protection
from foul balls for citizens sitting in the stands. Staff have been informed that bleacher covers are
necessary for certain sanctioned baseball tournaments.
The bleacher covers for Field 10a (Football Field) will provide shading for visitors in those stands. The
youth football league begins in early August when the temperatures are quite high. There is no tree
coverage near this field to allow for shade. The only shaded area is near the concession stand window.
Previous Council Action: City Council attended a workshop on August 3, 2021, which discussed the
Capital Improvement Projects for FY 21-22. Council approved the CIP budget for FY 21-22 on September
21, 2021, which included $60,000 for the bleacher covers for Kate Barr Ross Park.
Financial Implications: ☒Item is budgeted: 815-81579-62300 In the amount of $ 60,000
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
•Quote from Kraftsman
•Bleacher Cover Design
4/19/22 Agenda
Item: 1b
CITY COUNCIL AGENDA
1Proposed 15'x10'x10'Cantilever ShadeTotal post height:10.5'4LEGEND2232DESCRIPTIONQTYNew location forexisting bleacherExistingbleacher locationPRELIMINARY DESIGN - NOT FOR CONSTRUCTIONIF THIS FILE HAS BEEN TRANSMITTED ELECTRONICALLY, THE ORIGINAL IS IN THE OFFICE OF KRAFTSMAN PLAYGROUND & WATER PARK EQUIPMENT.
THE ELECTRONIC DOCUMENT
WAS RELEASED BY KRAFTSMAN FOR
A SPECIF
IC USE
. NO OTHER USE OR MODIF
ICATION MAY BE MADE W
ITHOUT THE WRITTEN CONSENT OF KRAFTSMAN
PLAYGROUND
& WATER PARK EQU
IPMENT. ALL INSTRUMENTS OF SERV
ICE, INCLUDING ORIGINAL DRAWINGS, AND SPEC
IFICATIONS PREPARED
BY KRAFTSMAN PLAYGROUND & WATER PARK EQU
IPMENT SHALL REMAIN THE PROPERTY OF KRAFTSMAN AND MAY NOT BE USEDFOR ANY PURPOSES NOT SPECIFICALLY AGREED TO IN WRITING BY KRAFTSMAN. ALL REPRODUCTIONS OF THE
INSTRUMENTS OF SERVICE SUPPLIED TO THE OWNER MAY BE USED BY THE
OWNER FOR ANY PURPOSES RELATED TO THE SUBJECT PROPERTY.
IN THE EVENT THAT ANY CHANGES ARE MADE
IN THE PLANS AND/OR SPECIF
ICAT
IONS BY THE OWNER
OR PERSONS OTHER
THAN KRAFTSMAN, ANY AND ALL L
IABILITY ARISING OUT OF
SUCH CHANGES SHALL BE FULL RESPONSIBILITY OF THE OWNER UNLESS OWNER HAS RECEIVED KRAFTSMAN'S WRITTEN CONSENT FOR SUCH CHANGES
.08'16'24'Scale: 3/32" = 1'-0"NORTHProjectOptionDrawing NameDesignerDateSales Rep.SheetViewCity of Huntsville ShadeHuntsville, TX273001KPS-27300K.5Shade LayoutMZB03.28.2022Ryan SlottPictures may not depict actual proposed equipment2'
-
0
"2'-0"2'
-
0
"2'-0"321
PRELIMINARY DESIGN –NOT FOR CONSTRUCTION
IF THIS FILE HAS BEEN TRANSMITTED ELECTRONICALLY, THE ORIGINAL IS IN THE OFFICE OF KRAFTSMANPLAYGROUND & WATER PARK EQUIPMENT. THE ELECTRONIC DOCUMENT WAS RELEASED BY KRAFTSMANFOR A SPECIFIC USE. NO OTHER USE OR MODIFICATION MAY BE MADE WITHOUT THE WRITTEN CONSENT OF KRAFTSMANPLAYGROUND & WATER PARK EQUIPMENT. ALL INSTRUMENTS OF SERVICE, INCLUDING ORIGINAL DRAWINGS, AND SPECIFICATIONS PREPARED BY KRAFTSMANPLAYGROUND & WATER PARK EQUIPMENT SHALL REMAIN THE PROPERTY OF KRAFTSMANAND MAY NOT BE USEDFOR ANY PURPOSES NOT SPECIFICALLY AGREED TO IN WRITING BY KRAFTSMAN. ALL REPRODUCTIONS OF THE INSTRUMENTS OF SERVICE SUPPLIED TO THE OWNER MAY BE USED BY THE OWNER FOR ANY PURPOSES RELATED TOTHE SUBJECT PROPERTY. IN THE EVENT THAT ANY CHANGES ARE MADE IN THE PLANS AND/OR SPECIFICATIONS BY THE OWNER OR PERSONS OTHER THAN KRAFTSMAN, ANY AND ALL LIABILITY ARISING OUT OF SUCH CHANGES SHALL BE FULL RESPONSIBILITY OF THE OWNER UNLESS OWNER HAS RECEIVED KRAFTSMAN'SWRITTEN CONSENT FOR SUCH CHANGES.
City of Huntsville ShadeHuntsville, TX
Project 27300
Drawing Name
Sheet
View
Date
Sales Rep.
Designer
Option 1
KPS-27300
K.6.1
Site Amenities Details
03.28.2022
Ryan Slott
MZB
Item/Subject: Consider acceptance of a petition for annexation and Resolution 2022-14, setting the date, time, and place for a public hearing on the proposed annexation of approximately 263 acres of certain property by the city of Huntsville, Texas, and authorizing and directing the City Secretary to publish notice of such hearing.
Initiating Department/Presenter: Development Services
Presenter: Kevin Byal – Director of Development Services
Recommended Motion: Move to accept a petition for annexation and approve Resolution 2022-14,
setting the date, time, and place for a public hearing on the proposed annexation of approximately 263 acres of certain property by the city of Huntsville, Texas, and authorizing and directing the City Secretary to publish notice of such hearing.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse economy.
Discussion: East Loop Investments, LLC. is the owner of approximately 350 acres of land, 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 Extra-Territorial Jurisdiction (ETJ). This acceptance of the annexation petition and approval of the resolution is the first step in the annexation process related to MUD #1, the Ridge, in that, it will establish May 17, 2022, as the date of the required public hearing to
give the public the opportunity to comment on the annexation of the proposed development.
Previous Council Action:
•January 19, 2021, the Council received a presentation concerning the creation of a special districtfor the subject property but took no action.
•February 2, 2021, the Council approved a letter of support for legislation to create HuntsvilleMunicipal Utility District No. 1.
•March 1, 2022, the Council authorized the City Manager to enter into a Development Agreementwith East Loop Investments, LLC., for the development of an approximately 350-acredevelopment for a single-family master planned community.
•March 15, 2022 Council considered the first reading of 2022-11 to accept the petition for thecreation 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:
•Resolution – 2022-14
•Exhibit 1 – Annexation Petition
•Exhibit B – Metes & Bounds Description
•Annexation Map
4/19/22
Agenda Item: 1c
CITY COUNCIL AGENDA
RESOLUTION NO. 2022-14
A RESOLUTION SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF APPROXIMATELY 263 ACRES WITHIN THE CORPORATE LIMITS OF THE CITY OF HUNTSVILLE, TEXAS BY THE CITY OF
HUNTSVILLE, TEXAS AND AUTHORIZING AND DIRECTING THE CITY SECRETARY TO PUBLISH NOTICE OF SUCH PUBLIC HEARING.
WHEREAS the City of Huntsville, Texas (the "City"), is authorized under Chapter 43 of the Texas Local Government Code (the "Act"), to annex areas within its Extra
Territorial Jurisdiction (ETJ) on request of owner; and
WHEREAS the owner of the property filed with the City Secretary of Huntsville (the "City Secretary") a petition ("Petition"), attached as Exhibit 1, requesting that the property be annexed into limits of the City; and
WHEREAS the City Council of Huntsville, Texas (the "City Council") will hold a public hearing in accordance with Chapter 43 of the Act; and WHEREAS the City Council has determined to hold a public hearing on May 17, 2022,
regarding the petition of annexation; and
WHEREAS the City Council finds that the passage of this Resolution is in the best interest of the citizens of the City; and
WHEREAS it is hereby officially found and determined that the meeting at which this resolution
was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code.
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas that: Section 1 All of the above recitals are hereby found to be true and correct factual determinations of the City Council and are hereby approved and incorporated by reference as though fully set forth herein.
Section 2 That a public hearing is hereby called for May 17, 2022, at 6:00 p.m. in the City Council Chambers of the City of Huntsville City Hall, 1212 Avenue M, Huntsville, Texas 77340 and at this public hearing all interested persons have the right to appear and be heard on the proposed annexation by the City of Huntsville, Texas
of the following described property, to-wit:
a certain 262.3-acre (11,424,369 square feet) tract of land situated in the W.N. Mock Survey, Abstract No. 401, in Walker County, Texas, being out of a called 710.308-acre tract conveyed to East Loop Investments, L.L.C. by deed recorded in Clerk’s File No. 201700028487, Walker County Official Records; said 262.3 acre (11,424,369 square feet) tract of land. And more particularly described by metes and bounds on Exhibit A attached to
Exhibit 1 herein.
Section 3 The City Secretary is hereby authorized and directed to cause notice of such public
hearing to be posted on the City’s internet website on or after the 20th day but
before the 10th day before the date of the hearing and must remain posted until the date of the hearing and published in a newspaper of general circulation in the municipality and in the above described territory not more than twenty days nor less than 10 days prior to the date of such public hearing, in accordance with the
Municipal Annexation Act.
Section 4 If any portion of this Resolution shall, for any reason, be declared invalid by any
court of competent jurisdiction, such invalidity shall not affect the remaining
provisions hereof and the City Council hereby determines that it would have
adopted this Resolution without the invalid provision.
Section 5 This Resolution shall be in full force and effect from and after its passage, and it is
accordingly so resolved.
PASSED AND APPROVED this 19th day of April 2022.
THE CITY OF HUNTSVILLE
_____________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _______________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
1 to Resolution
262.3 Acres W.N. Mock Survey
Abstract No. 401
Page 1 of 2
P:\610.095 The Ridge\00-Surveying Services\Legal Descriptions\262.3 Acres - TAC 22.doc
STATE OF TEXAS §
COUNTY OF WALKER §
A METES & BOUNDS description of a certain 262.3 acre (11,424,369 square feet) tract of land situated in the
W.N. Mock Survey, Abstract No. 401, in Walker County, Texas, being out of a called 710.308 acre tract conveyed
to East Loop Investments, L.L.C. by deed recorded in Clerk’s File No. 201700028487, Walker County Official
Records; said 262.3 acre (11,424,369 square feet) tract of land being more particularly described as follows with
all bearings referenced to the Texas Coordinate System, Central Zone, NAD 83:
COMMENCING at a point for the northeast corner of a called 710.338 acres as conveyed to Alexander 263,
Ltd-Baker, LP, a Texas Limited Partnership and recorded under Volume 956, Page 33 Walker County Deed
Records and being the southeast corner of Lot 3B of Amending Replat of Lot 3 Stephen H. Dawson Subdivision
as recorded under Volume 6, Page 35 of the Walker County Plat Records, Texas, and being in the west line of a
called 254.36 acre tract of land conveyed to Samuella W. Palmer, Trustee of the Samuella W. Palmer Trust as
recorded under Document No. 200700007382 of the Walker County Deed Records;
THENCE, South 02°44’23” East, 4171.62 feet along the east line of the called 710.338 acre tract and the west line
of the called 254.36 acre tract to the POINT OF BEGINNING, being in the north line of the W.N. Mock Survey,
Abstract No. 401;
THENCE, South 04°00’26" East, 193.30 feet to a point for corner;
THENCE, North 87°01’45" East, 410.40 feet to a point for corner in the east line of the called 710.338 acre tract;
THENCE, South 67°56’27" East, 153.25 feet continuing along the east line of the called 710.338 acre tract to a
point for corner in the west line of a called 557 acre tract described as Tract No. J12q conveyed to United States
of America and recorded under Volume 82, Page 131 of the Walker County Deed Records;
THENCE, South 22°25’58” West, 3625.79 feet continuing along the east line of the called 710.338 acre tract and
the west line of the called 557 acres tract to a point for corner;
THENCE, North 67°41’58” West, 3767.59 feet to a point for corner in the west line of the called 710.338 acre
tract and the east line of a remainder called 200 acre tract as conveyed to Heath Branch Fishing Club
Incorporated as recorded under Volume 59, Page 348 of the Walker County Deed Records;
THENCE, North 21°40’17” East, 493.49 feet along the west line of the called 710.338 acre tract and the east line
of the called remainder 200 acre tract to a point for the southwest corner of a called 50 acre tract of land
conveyed to Heath Branch Fishing Club Incorporated as recorded under Volume 59, Page 348 of the Walker
County Deed Records and corner of the called 710.338 acre tract and hereof;
THENCE, South 66°36’33” East, 682.37 feet along the west line of the called 710.338 acre tract and the south line
of the called 50 acre tract to a point for the southeast corner of the called 50 acre tract and corner of the called
710.338 acre tract and hereof;
Ex A to Annexation Petition East Loop Investments, LLC
262.3 Acres W.N. Mock Survey
Abstract No. 401
Page 2 of 2
P:\610.095 The Ridge\00-Surveying Services\Legal Descriptions\262.3 Acres - TAC 22.doc
THENCE, North 23°07’10" East, 3136.07 feet along the west line of the called 710.338 acre tract and the east line
of the called 50 acre tract to a point in the south line of a called 28.161 acre tract conveyed to MBV Ventured,
Ltd., a Texas limited partnership as recorded under Document No. 201300005357 of the Walker County Deed
Records, the northeast corner of said called 50 acre tract and a corner of the called 710.338 acre tract and
hereof;
THENCE, South 67°41’58” East, 624.76 feet along the south line of the called 28.161 acre tract and the west line
of the called 710.338 acre tract to a point for the southeast corner of the called 28.161 acre tract and a corner
for the 710.338 acre tract and hereof;
THENCE, South 67°55’10" East, 1819.53 feet to the POINT OF BEGINNING, CONTAINING 262.3 acres
(11,424,369 square feet) of land in Walker County, Texas, filed in the office of Elevation Land Solutions in The
Woodlands, Texas.
THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE CODE §138.95, DOES NOT REFLECT THE
RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN
REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR
RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.
Elevation Land Solutions
2445 Technology Forest Blvd, Suite #200 Acting By/Through Joel K. Nalley
The Woodlands, Texas 77381 Registered Professional Land Surveyor
(832) 823-2200 No. 6525
Texas Board of Professional Engineers & jnalley@elevationlandsolutions.com
Land Surveyors Firm Reg. No. 10194692
06 April 2022
262.3 Acres W.N. Mock Survey
Abstract No. 401
Page 1 of 2
P:\610.095 The Ridge\00-Surveying Services\Legal Descriptions\262.3 Acres - TAC 22.doc
STATE OF TEXAS §
COUNTY OF WALKER §
A METES & BOUNDS description of a certain 262.3 acre (11,424,369 square feet) tract of land situated in the
W.N. Mock Survey, Abstract No. 401, in Walker County, Texas, being out of a called 710.308 acre tract conveyed
to East Loop Investments, L.L.C. by deed recorded in Clerk’s File No. 201700028487, Walker County Official
Records; said 262.3 acre (11,424,369 square feet) tract of land being more particularly described as follows with
all bearings referenced to the Texas Coordinate System, Central Zone, NAD 83:
COMMENCING at a point for the northeast corner of a called 710.338 acres as conveyed to Alexander 263,
Ltd-Baker, LP, a Texas Limited Partnership and recorded under Volume 956, Page 33 Walker County Deed
Records and being the southeast corner of Lot 3B of Amending Replat of Lot 3 Stephen H. Dawson Subdivision
as recorded under Volume 6, Page 35 of the Walker County Plat Records, Texas, and being in the west line of a
called 254.36 acre tract of land conveyed to Samuella W. Palmer, Trustee of the Samuella W. Palmer Trust as
recorded under Document No. 200700007382 of the Walker County Deed Records;
THENCE, South 02°44’23” East, 4171.62 feet along the east line of the called 710.338 acre tract and the west line
of the called 254.36 acre tract to the POINT OF BEGINNING, being in the north line of the W.N. Mock Survey,
Abstract No. 401;
THENCE, South 04°00’26" East, 193.30 feet to a point for corner;
THENCE, North 87°01’45" East, 410.40 feet to a point for corner in the east line of the called 710.338 acre tract;
THENCE, South 67°56’27" East, 153.25 feet continuing along the east line of the called 710.338 acre tract to a
point for corner in the west line of a called 557 acre tract described as Tract No. J12q conveyed to United States
of America and recorded under Volume 82, Page 131 of the Walker County Deed Records;
THENCE, South 22°25’58” West, 3625.79 feet continuing along the east line of the called 710.338 acre tract and
the west line of the called 557 acres tract to a point for corner;
THENCE, North 67°41’58” West, 3767.59 feet to a point for corner in the west line of the called 710.338 acre
tract and the east line of a remainder called 200 acre tract as conveyed to Heath Branch Fishing Club
Incorporated as recorded under Volume 59, Page 348 of the Walker County Deed Records;
THENCE, North 21°40’17” East, 493.49 feet along the west line of the called 710.338 acre tract and the east line
of the called remainder 200 acre tract to a point for the southwest corner of a called 50 acre tract of land
conveyed to Heath Branch Fishing Club Incorporated as recorded under Volume 59, Page 348 of the Walker
County Deed Records and corner of the called 710.338 acre tract and hereof;
THENCE, South 66°36’33” East, 682.37 feet along the west line of the called 710.338 acre tract and the south line
of the called 50 acre tract to a point for the southeast corner of the called 50 acre tract and corner of the called
710.338 acre tract and hereof;
262.3 Acres W.N. Mock Survey
Abstract No. 401
Page 2 of 2
P:\610.095 The Ridge\00-Surveying Services\Legal Descriptions\262.3 Acres - TAC 22.doc
THENCE, North 23°07’10" East, 3136.07 feet along the west line of the called 710.338 acre tract and the east line
of the called 50 acre tract to a point in the south line of a called 28.161 acre tract conveyed to MBV Ventured,
Ltd., a Texas limited partnership as recorded under Document No. 201300005357 of the Walker County Deed
Records, the northeast corner of said called 50 acre tract and a corner of the called 710.338 acre tract and
hereof;
THENCE, South 67°41’58” East, 624.76 feet along the south line of the called 28.161 acre tract and the west line
of the called 710.338 acre tract to a point for the southeast corner of the called 28.161 acre tract and a corner
for the 710.338 acre tract and hereof;
THENCE, South 67°55’10" East, 1819.53 feet to the POINT OF BEGINNING, CONTAINING 262.3 acres
(11,424,369 square feet) of land in Walker County, Texas, filed in the office of Elevation Land Solutions in The
Woodlands, Texas.
THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE CODE §138.95, DOES NOT REFLECT THE
RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN
REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR
RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.
Elevation Land Solutions
2445 Technology Forest Blvd, Suite #200 Acting By/Through Joel K. Nalley
The Woodlands, Texas 77381 Registered Professional Land Surveyor
(832) 823-2200 No. 6525
Texas Board of Professional Engineers & jnalley@elevationlandsolutions.com
Land Surveyors Firm Reg. No. 10194692
06 April 2022
CITY OF HUNTSVILLE, TX
ENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 3/25/2022
MUD #1 Annexation Area
Huntsville GIS Division
1 in = 5,000 ft
0 1 20.5 mi
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
Page 1
Item/Subject: Consider updating and reaffirming the City’s Fair Housing Policy as required for continued
program eligibility and compliance to administer various state and federal grants, and to adopt Resolution
2022-16.
Initiating Department/Presenter: Finance
Presenter: Kristie Hadnot – Grants Manager
Recommended Motion: Move to update and affirm the City’s Fair Housing Policy as required for
continued program eligibility and compliance to administer various state and federal grants, and to adopt
Resolution 2022-16.
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 month of April has been designated as National Fair Housing Month to celebrate the
passage of the Fair Housing Act on April 11, 1968, that made discrimination in housing transactions
unlawful. The Fair Housing Act prohibits discrimination in housing based on race, color, national origin,
religion, sex, disability, and familial status. The Act is intended to provide for fair housing throughout
the country.
As a condition of the City to apply and receive various state and federal grants, the City must engage in
at least one (1) Fair Housing activity per year. Council’s acknowledgment to update and reaffirm the
City’s Fair Housing Policy will satisfy this specific requirement needed for continued grant eligibility and
compliance to apply and administer various ongoing and future grant programs in the coming year.
Previous Council Action: Previous Resolution 2020-27 was updated and reaffirmed on August 18, 2020,
to update and reaffirm the City’s Fair Housing Policy.
Financial Implications: ☒There is no financial impact associated with this item.
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
•Fair Housing Policy (English & Spanish version)
•Resolution 2022-16
4/19/2022
Agenda Item: 1d
CITY COUNCIL AGENDA
RESOLUTION NO. 2022-16 A RESOLUTION FOR THE CITY COUNCIL FOR THE CITY OF HUNTSVILLE, TEXAS, UPDATING AND REAFFIRMING THE CITY’S FAIR HOUSING POLICIES AS
REQUIRED FOR THE CITY TO MAINTAIN VARIOUS CONTINUED GRANT PROGRAM ELIGIBILITY AND COMPLIANCE MEASURES TO APPLY AND ADMINISTER VARIOUS STATE AND FEDERAL GRANTS WHEREAS, the City of Huntsville, in accordance with Section 109 of the Title I of the Housing
and Community Development Act. (24 CFR 6); the Age Discrimination Act of 1975 (42 U.S.C.
6101-6107); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and for construction contracts greater than $10,000, must take actions to ensure that no person or group is denied benefits such as employment, training, housing, and contracts generated by state and federal grant activity, on the basis of race, color, religion, sex, national origin, age, or disability;
WHEREAS, the City of Huntsville, in consideration for the receipt and acceptance of federal and state funding, agrees to comply with all federal rules and regulations, including those rules and regulations governing civil rights protections;
WHEREAS, the City of Huntsville, in accordance with Section 808(e)(5) of the Fair Housing
Action (42 U.S.C. 3608(e)(5)) that requires HUD-based programs and activities be administered in a manner affirmatively to further the policies of the Fair Housing Act, agrees to conduct at least one activity during an applicable contract period of all of all grant-funded projects;
LET IT BE RESOLVED, that the City Council for the City of Huntsville, Texas, has APPROVED, PASSED, AND ADOPTED the City’s fair housing policies to be updated and reaffirmed as required for the City to maintain continued grant program eligibility and compliance to apply for and administer various state and federal grants.
PASSED AND APPROVED this 19th 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
Fair Housing Policy In accordance with Fair Housing Act, the City of Huntsville, Texas hereby adopts the following policy with respect to Affirmatively Furthering Fair Housing:
1. The City of Huntsville, Texas agrees to affirmatively further fair housing choice for all seven protected classes (race, color, religion, sex, disability, familial status, and national origin).
2. The City of Huntsville, Texas agrees to plan at least two (2) activities during the contract term to affirmatively further fair housing. 3. The City of Huntsville, Texas will introduce and/or comply in the passage of a resolution adopting this policy.
LET IT BE RESOLVED, that the City Council for the City of Huntsville, Texas has read and fully agreed to this plan, and have become a party to the full implementation of this program.
PASSED AND APPROVED this 19TH 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
Política de Vivienda Justa De acuerdo con la Ley de Vivienda Justa, la Ciudad de Huntsville, Texas reafirma y adopta la
siguiente política con respecto a la Vivienda Justa de Promoción Afirmativa: 1. La ciudad de Huntsville, Texas, acepta ser afirmativamente más justa opción de
alojamiento para las siete clases protegidas (raza, color, religión, sexo, discapacidad, estatus familiar y origen nacional). 2. La ciudad de Huntsville, Texas, acepta planificar al menos dos (2) actividades durante el plazo del contrato para promover una vivienda justa. 3. La ciudad de Huntsville, Texas, introducirá y/o cumplirá en la aprobación de una resolución que adopte esta política. DEJE QUE SE RESUELVE, que el Concejo Municipal de la Ciudad de Huntsville, Texas ha
leído y está totalmente de acuerdo con este plan, y se han convertido en parte de la plena implementación de este programa.
APROBADO Y APROBADO este día 19 de April 2022. LA CIUDAD DE HUNTSVILLE, TEXAS
___________________________________ Andy Brauninger, Alcalde ATESTIGUAR: APROBADO EN CUANTO A LA FORMA:
_____________________________ ___________________________________ Kristy Doll, Secretaria de la Ciudad Leonard Schneider, Abogado de la Ciudad
Item/Subject: Consider authorizing the City Manager to enter into a contract with Kendig Keast
Collaborative (KKC) for the update of the City of Huntsville Development Districts.
Initiating Department/Presenter: Development Services
Presenter: Armon Irones – City Planner
Recommended Motion: Move to authorize the City Manager to enter into a contract with Kendig Keast
Collaborative (KKC) for the update of the City of Huntsville Development Districts.
Strategic Initiative: Goal #1 - City Appearance - Provide policies, amenities, and events that enhance
the City’s already beautiful and historic natural environment.
Discussion: With increasing development within the City Limits over the past several years, the Planning
Division has seen a variety of development that have been proposed. These forms of development may
have worked in the past with a one size fits most approach but in regard to the present development
districts it is not practical for current or future planning. City Council, the Planning Commission, City
leadership, and citizens have expressed the need for updating the development districts.
Huntsville’s Comprehensive Plan was updated and adopted in the Fall of 2021. To help the
Comprehensive Plan Update be a more effective planning tool, the City needs to look at updating its
current development districts. Currently there are four development districts: Neighborhood
Conservation, Downtown District, Planned Development District, and Management. Neighborhood
Conservation is intended to help protect property values by conserving the overall character and
function of single-family homes. The Downtown District is applicable for the downtown area which
allows a wide variety of uses and development intensities and it capitalizes on existing infrastructure
and services. Management District is the most widely applied district in the city and all uses are allowed
with the exception of a few that require a Conditional Use Permit. The Planned Development District is
intended to accommodate single or mixed-use developments, in accordance with an approved
development plan (PD). A PD is a unique district and the requirements are greater than the other
districts. Developers should provide superior design of buildings, increased open space/recreation,
amenities to property owners, sustainability of natural resources, and preservation of historical
structures where applicable. The current development districts need an upgrade to help preserve
existing and new residential housing and also to help sustain the undeveloped areas that may be
targeted in the future.
Since Management District is so massive, a consultant needs to be brought in to help with creating
new development districts, identify where the placement of the districts should be, and what uses
should be allowed for each one. There are also encode upgrades that will need to be maintained by
the consultant in regard to the revamped development districts. The consultant will also be utilized to
host town hall meetings, conduct presentations at meetings with Council and Planning Commission,
and listening sessions with the public to get feedback. This will be a major undertaking that is too
large for staff alone.
4/19/22
Agenda Item: 2a
CITY COUNCIL AGENDA
Agenda Item #
As part of the FY21-22 budget that the City Council adopted, $125,000 was included for the purpose of
retaining professional services to Reclassify/Update Development Districts within the City limits of
Huntsville. In February of this year, the city advertised the solicitation of a Request for Qualifications
(RFQ) to update the development districts.
Staff received responses to the RFQ from ZoneCo, LLC, Gunda Corporation, LLC, and Kendig Keast
Collaborative. Although all three respondents were very qualified, Kendig Keast Collaborative scored
the highest in the assessment of metrics used to evaluate each firm by our staff review committee.
Kendig Keast Collaborative has provided consulting services for the City’s Development Code updates
over the past few years as well as the Comprehensive Plan Update in 2021. Under the contract, Kendig
Keast will provide professional urban planning services to reclassify and update the development
districts within the City limits. The specifics of their scope of services can be found in Exhibit A of the
contract.
Previous Council Action: None
Financial Implications: ☒ Item is budgeted: In the amount of: $125,000
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Exhibit A - Scope
• Exhibit B – Professional Services Agreement
EXHIBIT “A”
DEVELOPMENT / ZONING DISTRICTS HUNTSVILLE, TEXAS
SCOPE OF SERVICES
I. INTRODUCTION
Overview
Under contract to the City of Huntsville, Texas, Kendig Keast Collaborative (KKC) will provide professional ordinance writing services to assist the City in updating its development and/or zoning districts. The project will focus on the development of development / zoning districts which will include additional permitted land uses, and secondary and less significant changes to standards for development and nonconformities. It will ensure that
the districts implement the City’s Comprehensive Plan.
Project Schedule
KKC will coordinate with City staff to develop a workable and detailed project schedule for this project. The project schedule will include all of the major functions and activities which might reasonably be involved during any part of the ordinance development process. We propose the project to be substantially complete with delivery of a public hearing draft within 10 months followed by a two-month period for final review and adoption. This schedule will ensure that project momentum is maintained after receipt of the City’s Official Notice to Proceed. The schedule would be coordinated so that the City’s Project Director can provide status reports to the City Council or Planning Commission at regular milestones in the project.
Project Administration
KKC will complete project management activities in coordination with the City’s Project Director to ensure
schedule adherence, cost control, and quality assurance. These activities will include:
Monthly submittal of written progress reports in conjunction with each monthly invoice. These reports will describe the project status and document significant work accomplished and activities scheduled for the next progress report period, as well as noting any difficulties encountered and steps taken to address the noted difficulties.
Preparation and maintenance throughout the project of a project schedule, including due dates for all
deliverables, anticipated meeting dates, plus specified review/comment timeframes ensuring adequate
time for City review/approval of deliverables. The schedule will be set during the Getting Started Phase
below.
Communication and coordination with the City’s Project Director by email, phone, and written
correspondence.
II.
CORE PROJECT SERVICES
Phase One: Kick-Off
1.1 Kick-Off Video Conference
KKC and the City’s Project Director, along with invited staff, will meet via video conference for a
project kickoff meeting to:
♦ Establish communications, scheduling, file format, and administrative protocols;
♦ Lay out a detailed schedule for the project;
♦ Outline the respective roles of KKC and Staff; and
♦ Discuss the Steering Committee.
The Steering Committee will consist of City staff members who administer, interpret, and enforce
the current development regulations on a day-to-day basis and community members at large who
share a greater personal or professional interest in the City’s vitality.
Timeline: Month 1
Meeting(s):
♦ An approximately one-hour project orientation video conference with the City Project Director
and staff.
Deliverable(s):
♦ Project schedule of deliverables, in-person meetings, and video conferences and supporting
documentation.
1.2. Review of Current UDO
KKC will:
♦ Comprehensively review all existing planning documents including the City’s Comprehensive
Plan and Transportation Master Plan; and
♦ Comprehensively review the City’s current UDO in terms of development district, land uses,
and development standards.
Timeline: Month 1 to Month 2
Meeting(s):
♦ None for this task.
Deliverable(s):
♦ None for this task.
1.3. Project Introduction
KKC will present a project introduction at a City Council and / or Planning Commission (with the
Steering Committee invited) to overview the project approach and schedule, summarize the key
findings of the stakeholder interviews (Task 1.5) and open-door meeting, and to initiate dialog as
to the key regulatory issues to be addressed in the project.
Timeline: Month 2
Meeting(s):
♦ In-Person Trip #1 (1 KKC Staff member / 2 days / 1 night)
♦ A two-hour Introductory meeting with City Council and / or Planning Commission
Deliverable(s):
♦ Introductory PowerPoint presentation to be given at the above meeting
1.4. Field Reconnaissance
KKC staff will go on an in-person self-guided or staff-guided tour of Huntsville in order to observe
development patterns and take a photographic inventory of the City.
Timeline: Month 2
Meeting(s):
♦ In-Person Trip #1 (1 KKC Staff member / 2 days / 1 night)
Deliverable(s):
♦ None for this task
1.5. Stakeholder Interviews
The KKC Project Manager will interview key stakeholders in a series of three, one-hour
stakeholder interviews, to invite face-to-face responses as to what they see as the key
development and regulatory issues and solutions for addressing them, as well as areas of town
with unique issues.
Additionally, a one-hour open-door meeting will be held in the evening to solicit general comments
from interested citizens and to introduce the project.
Timeline: Month 2
Meeting(s):
♦ Trip #1 (1 KKC Staff member / 2 days / 1 night)
» Three, one-hour stakeholder listening sessions.
» A one-hour open-door meeting for the general public to familiarize them with the
project.
» KKC self-guided field study.
Deliverable(s):
♦ Summary of stakeholder input.
1.6. Development Districts Critique
KKC will provide a Development Districts Critique in the form of a virtual PowerPoint presentation.
This critique reports will be based on best practices, the input received in previous Tasks, and the
recommendations of the Comprehensive Plan. The Development Districts Critique will describe,
at a high level, the “big ideas” that KKC proposes to integrate into the development districts update.
Timeline: Month 3
Meeting(s):
♦ A two-hour virtual joint meeting with the Steering Committee, Planning Commission, and City Council to present the Critique.
Deliverable(s):
♦ Development District Critique in PowerPoint format;
Phase Two: Development District Drafting
2.1 enCodePlus Setup
KKC and enCodePlus will:
♦ Create a mirrored site for use during the update to collaborate with Staff in drafting the new
regulations in a cloud-based format;
♦ Train staff on the use of the password-protected maintenance module to provide comments
and track-change edits;
♦ Build the interactive functionality concurrent with each deliverable, (e.g., popup definitions,
hyperlinked cross-references, etc.); and
♦ Optionally, build the following features (prices available upon request):
‒ AppTrak+ application tracking and digital plan review
‒ Home page refresh to make it responsive and accessible
‒ On-site training
‒ Bufferyard, Landscaping, Parking and other Calculators
‒ GIS integration
‒ Land use lookup
‒ Cloud and definition libraries
‒ Ordinance assistant (access to 3,700 municipal ordinances)
Timeline: Months 1 and 2
Meeting(s):
♦ Staff training on the use of enCodePlus.
Deliverable(s):
♦ Mirrored drafting site.
2.2 Development District Drafting
The development / zoning districts will be initially drafted, presented, and discussed in two drafts:
a preliminary and a final. The districts will have user-friendly features such as: illustrations,
clickable cross references, and tables.
Drafts will be provided to the City’s Project Director with the enCodePlus Track Changes feature
turned on, underscoring proposed new text and striking through any existing text proposed for
deletion. This City’s Project Director may distribute this version or a “clean” version to the Steering
Committee.
KKC will refine the preliminary draft into the final draft based on one round of feedback received
from the reviewers.
The City’s Project Director is responsible for coordinating and compiling in a consolidated manner
all comments on and requested revisions to the draft, beyond the comments provided directly to
KKC personnel during project meetings / hearings.
Timeline: Months 3 - 8
Meeting(s):
♦ Two one-hour video conferences with the City’s Project Director will be held during the
drafting process of each module to discuss regulatory strategies, the relationships to existing
standards, and other administrative matters, as necessary.
♦ Trips #2 and #3 (1 KKC Staff member / 1 day / 1 night) - For each module, the following meetings will be held:
• A two-hour meeting with the Steering Committee to discuss the subject draft.
• A one-hour open-door meeting with the general public to update them on the status of the
project.
• Additional meetings with Staff or stakeholders as needed. - A one-hour mid-point briefing to the City Council (Trip #2).
Deliverable(s):
♦ A preliminary and final draft of the development / zoning districts delivered in MS Word to the City
Project Director for review and comment of the Steering Committee and Planning Commission
and/or City Council.
2.3 Illustrations
KKC will:
♦ Generate needed customized graphics to illustrate the district standards, for use in public meetings
and for publishing in the UDO.
♦ Modify “stock” graphics for common provisions, e.g., measurements, lot and building
dimensioning, definitions, etc.
♦ Number and name each graphic for accessibility purposes.
Timeline: Months 3 - 8
Meetings:
♦ None for this Task
Deliverables:
♦ Illustrations integrated into the drafts Phase Three: Adoption
3.1 Public Hearing Draft
KKC will:
♦ Upon one round of final revisions, based on review of the final draft by the Steering Committee,
provide to the City’s Project Director a Public Hearing Draft. At this point, KKC is substantially
complete with this project.
♦ Provide revisions to the Public Hearing Draft based on the recommendations of the Planning
Commission.
♦ Provide final revisions to the Public Hearing Draft based on the final action of the City Council.
Timeline: Months 9 - 12
Meetings:
♦ None for this task.
Deliverable(s):
♦ Staff Deliverable: Vetted comments on the final draft so that KKC may produce a Public Hearing
Draft.
♦ A Public Hearing Draft of the districts based on comments from the two drafts.
♦ Revisions to the districts based on the Planning Commission recommendations and the City Council
final decision.
♦ Public Hearing Draft in MS Word and Adobe PDF.
3.2 Public Hearings
KKC will:
♦ Present the Public Hearing Draft to the Planning Commission at a public hearing for their final review
and recommendation.
♦ Present the Public Hearing Draft at the first or second reading to the City Council for their final action.
Timeline: Months 11 – 12
Meeting(s):
♦ Trips #4 and #5 (1 KKC Staff member / 1 day / 1 night) - Planning Commission hearing. - A reading of the City Council.
Deliverable(s):
♦ Public Hearing Draft presentation in PowerPoint format.
By mutual agreement between KKC and the City, additional trips may be added with a fee
adjustment to include direct costs for travel, sustenance, lodging, other direct expenses, and a full
days’ work from KKC staff.
SUPPORT SERVICES
1) The City will provide administrative and technical support services to assist the Consultant Team in performing the Scope of Services described above for updates to the development districts. The
support services to be provided by City will include the following types of general services and specific tasks for the planning program:
a. Identify a single individual as the City’s Project Director, who will serve as a primary point of contact and source of day-to-day work program direction for this collaborative regulatory drafting effort involving both City and Consultant personnel, resources, and capabilities.
b. Provide all available data, maps, air photos, spatial data, previous reports/plans/studies/ ordinances, data sets and GIS coverages and layers already developed/maintained by the City
for its entire planning area, and other information that is available to the City in digital or printed format, which is pertinent and necessary for updates to the development districts. Prompt
compilation and delivery of such resource materials to the Consultant Team is an essential prerequisite for initiation of the regulatory drafting process and timely progress on various initial
public participation and strategic assessment tasks. City materials will not be required to be returned upon project completion.
c. Make affected or related entities or organizations aware of the project and the process for updating the districts.
d. Ensure that key City personnel and appointed and elected officials will participate as needed
in the process and be available upon request, through arrangements made by the City’s Project Director, to provide information and referrals and offer opinions, insights, and suggestions that are necessary for updating the districts. This will include potential formal or informal meetings and a briefing with the City Council as specified in scope of services, above.
e. Review in a timely manner the draft regulatory provisions submitted by the Consultant Team.
f. Reproduce and forward each draft project submittal provided via e-mail by the Consultant Team
to appointed and elected officials, City staff, and other project participants as appropriate. The Project Director of the City may provide briefings to the City Council or other bodies at regular
intervals throughout the process.
g. Conduct public information activities in conjunction with public meetings and other fitting project milestones. As necessary, the City will be responsible for news media contacts, preparation and distribution of news releases and any other public information materials, and posting of meeting notices and project information and updates on the City’s web site. The Consultant Team will contribute materials for posting by the City on the City’s web site as provided in the scope of services, above.
h. Organize, notice, provide space for, and provide administrative support for meetings of appointed and elected officials, open door meetings, staff meetings, and any other events and workshops. This support includes:
(1) Adequate setup for presentations (PowerPoint projector, sound system, screen or white wall, reduced lighting, extension cords, easels, flip pads and markers, etc.).
(2) Arranging meeting locations and reproducing agendas and other handouts.
(3) Noticing the meetings according to City requirements for public notice.
(4) Reproduce paper copies of project materials as the City deems necessary for execution of the project.
i. Consider and act on all deliverables and other interim work items submitted by the Consultant Team that require City review, comments or approval within a reasonable period of time so as to enable the Consultant Team to complete the work on schedule. Specific timeframes for such City response will be incorporated into a detailed project schedule.
j. Provide the Consultant Team written summaries and copies of any handouts/materials from all project-related meetings not attended by the Consultant Team.
2) In support of the Software as a Service, the City will provide the following to the Consultant Team:
a. The City's logo as an original file (.eps or .ai preferred; high resolution .jpg, .tif, or .png also accepted).
b. The City's Digital Style Guide, if available, including:
(1) RBG or hex color mixes for any official colors;
(2) Fonts used, including web font preferences; and
(3) Additional relevant iconography or branding images.
c. Up to a 100-word welcome message for the home page (via email or MS Word).
d. Up to six high-resolution images that portray the City for use on the home page.
(1) Images must be 1280x1024 pixels or greater
(2) In .jpg format
(3) The City must own or have permissions to use such photographs
(4) For ADA accessibility, alternate or “Alt” image tags can be provided for each image
e. URLs or PDFs and titles of all the files and materials you would like to include in the Document Library, including reports and studies, static maps, applications, and forms, etc.
Page 1 of 18
PROFESSIONAL SERVICES AGREEMENT
DEVELOPMENT DISTRICTS
for HUNSTVILLE, TEXAS
STATE OF TEXAS §
§ KNOW BY THESE PRESENTS:
COUNTY OF WALKER § This Agreement made this day of , 2022, by and between the City of Hunstville, TX, acting by and through Aron Kulhavy, City Manager, hereinafter referred to as the "CLIENT," and Kendig Keast Collaborative, an Illinois Corporation, acting by and through its Chief Executive Officer, Mr. Bret C. Keast, with an office located at 1415 Highway 6 South, Suite A-300, Sugar Land, Texas, 77478, hereinafter referred to as the "CONSULTANT," do hereby make and enter into the following Agreement.
ARTICLE I CONSULTANT
1.1 The CONSULTANT, as an independent contractor, covenants and agrees to perform the professional planning services related to updating the City’s development districts as described in Article II, Scope of Services. Such services shall be performed by the CONSULTANT in strict
accordance with the terms of this Agreement and for the consideration stated. Subject to the provisions of Article VI below, CONSULTANT covenants and agrees to perform the specific services identified in Exhibit “A” – Scope of Services. The CONSULTANT shall complete the Scope of Services and shall submit deliverables to the CLIENT as identified in Exhibit “A” – Scope of Services.
1.2 The CONSULTANT shall provide its services under this Agreement with the same degree of care, skill, and diligence as is ordinarily provided by a professional planner under similar circumstances for the preparation of revised development and/or zoning districts and to which the Agreement applies. ARTICLE II SCOPE OFSERVICES
2.1 The CONSULTANT will perform the professional planning services related to the development of revised development and/or zoning districts as set forth in Exhibit "A" – Scope of Services, which is attached and made a part of this Agreement.
2.2 Pursuant to this Agreement, the CLIENT shall have the option to obtain the services of the CONSULTANT to perform Additional Services. All such Additional Services shall be described in a written Amendment to this Agreement, as provided by Article X, Changes or Termination, including description of the additional work, associated compensation, and time schedule as applicable. By way of illustration, matters which may constitute Additional Services shall include, but are not limited to, the following:
(a) Requested additional workshops or meetings other than the number identified in the Scope of Services and project schedule that require added preparation or follow-up or displace other planned trip activities;
Exhibit B
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(b) Requested additional trips other than the number identified in the Scope of Services and Project schedule;
(c) Requested additional days or nights added to a scheduled trip that require additional time and direct expenses (e.g., meals, hotel nights, extended car rental and gasoline use, airline
change fees, extended airport parking, etc.);
(d) Requested additional deliverables or additional physical copies of deliverables, including the submission at key milestones of draft and final written reports or maps other than those specified, or in a quantity greater than the number identified, in the Scope of Services;
(e) Requested additional revisions (individual or cumulative) to draft and final deliverables that are beyond the single comprehensive round of revisions that are to be collected, consolidated, and annotated by the CLIENT as specified in the Scope of Services;
(f) Requested review and provision of recommendations relating to other planning or development related issues and matters other than those for which such findings and recommendations are specified in the Scope of Services;
(g) Further requested changes to a deliverable which the CONSULTANT has already revised
based on review comments and which the CLIENT has already accepted as revised, and which the CONSULTANT determines to be significant and substantive changes to a
deliverable already at a point of substantial completion in accordance with the Scope of Services and available budget; and
(h) Other related or unrelated professional planning services that may be requested by the CLIENT which are not specified in the Scope of Services. 2.3 However, if Consultant fails to meet applicable professional standards, Consultant shall without additional compensation correct or revise any errors or deficiencies, with or without request to do so by the City. ARTICLE III CONSULTANT PERSONNEL
3.1 The CONSULTANT represents that it has or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or
have any contractual relationship with the CLIENT.
3.2 The CONSULTANT may contract with subconsultants at its own expense for portions of the work or services under this Agreement with the prior written approval of the CLIENT. Any work or services subcontracted hereunder shall be specified by a written agreement and shall be subject to the provisions of this Agreement. ARTICLE IV SUPPORT SERVICES
4.1 The CLIENT agrees reasonably to provide the CONSULTANT with support services during conduct of the services listed in Article II, Scope of Services. Support services will include the services described in Exhibit “B” – Support Services, which is attached and made a part of this Agreement.
4.2 To the extent authorized by law, the readily available existing data and documentation obtained
by the CLIENT that are relevant to the accomplishment of the Scope of Services specified in Article II shall be made available by the CLIENT for use by the CONSULTANT.
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4.3 The CLIENT shall consider and act on all documents and project work items submitted by the CONSULTANT that require review, comments or approval by the CLIENT within a timeframe
specified in Exhibit “A” Scope of Services and/or in the project schedule so as to enable the CONSULTANT to complete the work on schedule as provided in Article V of this Agreement.
4.4 The CLIENT agrees reasonably to provide the CONSULTANT with support services needed to
organize, schedule, notify, provide meeting locations, conduct meetings, and prepare minutes of meetings including committees, workshops, public meetings, and public hearings as described in Exhibit “B” – Support Services. The CONSULTANT will advise and coordinate with the CLIENT to accomplish these support services.
ARTICLE V
TIME OF PERFORMANCE
5.1 The CONSULTANT shall commence services upon execution of this Agreement and receipt of written Notice-to-Proceed from the CLIENT.
5.2 The CONSULTANT shall make a good faith effort to complete the services described in Article II,
Scope of Services within 12 months from receipt of written Authorization to Proceed by the CLIENT, unless one or more of the following occur:
(a) This Agreement is terminated in accordance with Article X, Changes or Termination;
(b) The Scope of Services and/or Time of Performance are changed in accordance with Article II,
Scope of Services or Article X, Changes or Termination; or
(c) Matters documented by CONSULTANT in progress reports render such completion schedule impossible or impractical.
5.3 The completion schedule set forth in Section 5.2 may be subject to causes that result in delay
over which neither the CONSULTANT nor the CLIENT has any control. Notification and justification for any such delays identified by the CONSULTANT must be included in progress
reports. Upon agreement between the parties, the schedule of work will be extended to include any such delays pursuant to Article X, Changes or Termination.
5.4 This Agreement shall terminate upon the CLIENT’s final acceptance of work completed by the
CONSULTANT, unless otherwise terminated or modified as hereinafter provided.
ARTICLE VI COMPENSATION TO CONSULTANT
6.1 The CLIENT shall compensate the CONSULTANT for the professional services performed under
this Agreement. For the Basic Services described in Exhibit “A” Scope of Services under Article II, Scope of Services, the CLIENT shall pay to the CONSULTANT on a basis of reimbursement of
Actual Costs Incurred (“ACI”) an amount of $69,124. ACI includes salary costs, overhead, direct
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expenses, and profit. The above ACI amount may be modified pursuant to the terms of this Agreement. In addition to ACI, CLIENT agrees to compensate CONSULTANT on a basis of reimbursement of Actual Costs Incurred (“ACI”) for any Additional Services as provided by Article II, Scope of Services, provided that such Additional Services are agreed upon in writing prior to their being undertaken. The cost of such Additional Services shall be invoiced separately by CONSULTANT and paid by CLIENT upon receipt of billing for such services. Such payments shall be in addition to and have no bearing on the above ACI amount. Payments by CLIENT under this Agreement, including the timeliness of payment and the payment of interest on overdue amounts, are subject to Chapter 2251, Texas Government Code.
6.2 Each invoice from the CONSULTANT shall be due and payable by the CLIENT upon receipt by the CLIENT, subject to the terms of Section 6.1. The billing statement, certified true and correct by CONSULTANT, shall show the total amount paid and the amount due and payable as of the date of the current statement. Amounts paid and due for Additional Services shall be identified on a separate invoice.
6.3 The terms of this Agreement are contingent upon sufficient appropriations and authorization being
made by the CLIENT for the performance of this Agreement. If at any time during the period of performance under this Agreement, sufficient appropriations and authorization are not made by the CLIENT, this Agreement shall terminate upon written notice being given by the CLIENT to the CONSULTANT. In such event, CLIENT shall comply with the provisions of Section 10.4 below. The CLIENT's decision as to whether sufficient appropriations are available shall be accepted by the CONSULTANT and shall be final.
ARTICLE VII
PRODUCT OF SERVICES, COPYRIGHT
7.1 The CONSULTANT and the CLIENT mutually agree that reports, maps and materials prepared or
developed under the terms of this Agreement shall be delivered to and become the property of the CLIENT. The CONSULTANT shall have the right to retain copies and to utilize the product of
services for marketing purposes, except for any confidential information, as defined in Article XI, hereof.
7.2 The CONSULTANT shall furnish the CLIENT with the number of copies of reports as shown in Exhibit “A” – Scope of Services.
7.3 Nothing produced in whole or in part by the CONSULTANT under this Agreement shall be the subject of an application for copyright by or for the CONSULTANT. The CONSULTANT will use existing proprietary software as required. ARTICLE VIII PRIVATE INTERESTS OF PUBLIC OFFICIALS AND CONSULTANT
8.1 No official, employee, agent, or member of the local public body of the CLIENT shall have any financial interest, direct or indirect in this Agreement or the proceeds thereof.
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ARTICLE IX CERTIFICATIONS OF CONSULTANT
9.1 The CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, any commission, percentage, brokerage fee, or any other consideration, contingent upon or resulting from the award or making of this Agreement.
9.2 The CONSULTANT presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services under this Agreement. ARTICLE X CHANGES OR TERMINATION
10.1 This Agreement may not be altered, changed or amended except by instrument in writing executed by the parties hereto.
10.2 The CLIENT may, from time to time, request changes in the Scope of Services and/or time of
performance for the services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutually agreed upon by and between the CLIENT and the CONSULTANT, shall be incorporated in written amendments to this Agreement.
10.3 This Agreement may be terminated before the termination date stated in Article V, Time of
Performance, by any of the following conditions:
(a) Right of Either Party to Terminate for Cause - This Agreement may be terminated by either of the parties hereto for failure by the other party to perform in a timely and proper manner its obligations under this Agreement. A signed, written notice of such termination shall be delivered to the other party and such termination shall take effect twenty (20) days after the notice is received, provided that the failure to perform has not been remedied by that time. By such termination, neither party may nullify obligations already incurred for performance or failure to perform before the date of termination.
(b) Right of the CLIENT to Terminate for Convenience - This Agreement may also be terminated by the CLIENT for reasons other than failure by the CONSULTANT to perform in a timely manner and proper manner its obligations under this Agreement. A signed, written notice of such termination shall be delivered to CONSULTANT and such termination shall take effect not less than seven (7) days following the date the notice is received by the CONSULTANT.
10.4 Upon receipt of a notice of termination under any of the conditions under Sections 6.3 or 10.3
above, the CONSULTANT shall, unless the notice otherwise directs, immediately discontinue all services in connection with the performance of this Agreement. Within thirty (30) days after receipt
of the notice of termination, the CONSULTANT shall submit a Final Statement, showing the services
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performed under this Agreement prior to the effective date of termination. Such Final Statement shall also include any unpaid amounts or unreimbursed expenses, as well as any financial obligations incurred by CONSULTANT on behalf of CLIENT, and for which CLIENT previously agreed that CONSULTANT may incur, and which cannot reasonably be refunded to CONSULTANT, all of which CLIENT agrees to pay upon receipt of said Final Statement. Data and study products prepared by the CONSULTANT and paid for by CLIENT under this Agreement shall be delivered to the CLIENT if requested.
10.5 Notwithstanding the provisions of this Article X, the CONSULTANT shall not be relieved of liability
to the CLIENT for damages sustained by the CLIENT by virtue of any negligent act or omission or any breach of this Agreement by the CONSULTANT.
ARTICLE XI CONFIDENTIALITY
11.1 Any information determined to be confidential that is provided to the CONSULTANT by the CLIENT
or obtained or developed by the CONSULTANT for the benefit of the CLIENT in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the CONSULTANT without prior written approval of the CLIENT. ARTICLE XII INSPECTION OF RECORDS
12.1 The CONSULTANT shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CLIENT to assure proper accounting for all project funds. These records will be retained for three years after the expiration of this Agreement.
12.2 Any time during normal business hours and as requested by the CLIENT, the CONSULTANT shall make available to the CLIENT for examination all of its project records with respect to all matters covered by this Agreement and will allow the CLIENT to review, examine, and make excerpts from such records, and to make copies of all contracts, invoices, materials, payrolls, records of personnel conditions of employment, and other data relating to all matters covered by this Agreement. The financial records of the CONSULTANT are maintained in its corporate office located in Sugar Land, Texas, and copies will be available upon request in a timely manner in this office for audit purposes to the CLIENT or its authorized representative. ARTICLE XIII INSURANCE
13.1 Insurance
A. The CONSULTANT agrees to maintain Worker’s Compensation Insurance to cover all of its own personnel engaged in performing services for the CLIENT under this contract in the following amounts: Worker’s Compensation: Statutory
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B. The CONSULTANT also agrees to maintain Commercial General Liability, Business Automobile Liability, Umbrella Liability, and Errors and Omissions Insurance, covering claims
against the CONSULTANT for any incidents arising in the course of work performed under this Agreement, in the following amounts:
Commercial General Liability Insurance: Personal injury and property damage --
$1,000,000.00 combined single each occurrence and $2,000,000.00 general aggregate
Business Automobile Liability for all vehicles: Bodily injury and property damage -- $1,000,000.00 combined single limit each occurrence Umbrella
Liability: $2,000,000.00
Errors and Omissions: $1,000,000.00
ARTICLE XIV MISCELLANEOUS PROVISIONS
14.1 Force Majeure. Neither the CLIENT nor the CONSULTANT shall be required to perform any term, condition, or covenant of this Agreement while such performance is delayed or prevented by acts of God, material or labor restriction by any governmental authority, terrorism, civil riot, floods, hurricanes, or other natural disasters, any other cause not within the control of the CLIENT or the CONSULTANT that by the exercise of due diligence the CLIENT or the CONSULTANT is unable, wholly or in part, to prevent or overcome and supersedes all prior agreements and understanding between CLIENT and CONSULTANT concerning the subject matter of this Agreement.
14.2 Entire Agreement. This Agreement constitutes the entire agreement between the CLIENT and the CONSULTANT. No other agreements, amendments, modifications, implied or otherwise, shall be binding on any of the parties unless set forth in writing and signed by both parties.
14.3 Choice of Law. The CLIENT and the CONSULTANT agree that this Agreement shall be construed
in accordance with the laws of the State of Texas.
14.4 Dispute Resolution. Any dispute, controversy or claim between the parties shall be resolved in the following manner: The parties will attempt in good faith to resolve any dispute, controversy or claim arising out of or relating to this Agreement promptly by negotiation between designated executives or other representatives of the parties who have the authority to settle the controversy. No terms of resolving the dispute, controversy or
claim discussed or offered shall be binding on either party or otherwise detrimental to the interest of either party in the event it is not resolved by negotiation. The disputing party shall give the other party written notice of the dispute by registered or certified mail. Within ten (10) days after receipt of said notice, the receiving party shall submit to the disputing party a written response. Unless shown otherwise, receipt will be presumed to have occurred three (3) days following the mailing. The notice and response shall include: (a) a statement of each party’s position and a summary of the evidence and arguments supporting its position; and (b) the name and title of the designated executive or other representative who will
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represent the party in negotiations. The negotiators so designated shall meet at a mutually acceptable time and place within twenty (20) days of the date of receipt by the receiving party of the disputing party’s notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute.
If the controversy or claim has not been resolved within thirty (30) days of the meeting of the designated executives or representatives, the parties shall endeavor to settle the dispute by non- binding mediation. Unless the parties expressly agree otherwise, each party shall bear its own costs and legal and expert fees incurred in the mediation, and evenly share the costs of the mediator.
If the matter has not been resolved pursuant to the aforesaid non-binding mediation procedures within ninety (90) days of the commencement of such procedure, parties are free to bring their claim in a court of law.
Venue for all actions brought pursuant to this Agreement is in Walker County, Texas; and all parties consentto Walker County, Texas, being the exclusive jurisdiction to resolve said claims or controversies arisingpursuant to this Agreement. In the event of any litigation between the parties, the parties shall bear their owncosts, including attorneys’ fees and expenses.
14.5 Severability. If one or more of the provisions of this Agreement, or the application of any provision
to any party or circumstance, is held invalid, unenforceable, or illegal in any respect, the remainder of this Agreement and the application of the provision to other parties or circumstances shall
remain valid and in full force and effect.
14.6 Notice. Any notice required to be given pursuant to the terms and provisions of this Agreement shall be in writing and shall be mailed by certified or registered mail addressed as set forth below or at such other address as may be specified by written notice:
CLIENT: Aron Kulhavy, AICP, City Manager City of Huntsville, TX 1212 Avenue M Huntsville, TX 77340
CONSULTANT: Bret C. Keast, Chief Executive Officer
Kendig Keast Collaborative 1415 Highway 6 South, Suite A300 Sugar Land, Texas 77478
14.7 Assignment. The CONSULTANT shall not assign any interest on this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written
consent of the CLIENT thereto. Provided however, that claims for money by the CONSULTANT from the CLIENT under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CLIENT.
14.8 Successors and Assigns. The CLIENT and the CONSULTANT each binds itself and its successors, executors, administrators and assigns to the other parties of the Contract and to the successors, executors, administrators and assigns of such other parties, in respect to all covenants of this Agreement. Nothing herein shall be construed as creating any personal liability on the part of any officer, board member, commissioner, employee or agent of any public body, which is a party hereto.
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14.9 Reports and Information. The CONSULTANT, at such times and in such forms as the CLIENT may require, shall furnish the CLIENT such periodic reports as it may request pertaining to the
work or services undertaken pursuant to this Agreement, the cost and obligations incurred or to be in connection therewith, and any other matter covered by this Agreement.
14.10 Incorporation of Provisions Required by Law. Each provision and clause required by law to be
inserted into the Agreement shall be deemed to be enacted herein and this Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party.
14.11 Waiver. The failure on the part of any party herein at any time to require the performance by any other party of any portion of this Agreement shall not be deemed a waiver of, or in any way affect that party’s rights to enforce such provision or any other provision. Any waiver by any party herein of any provision hereof shall not be taken or held to be a waiver of any other provision hereof or any other breach hereof.
14.12 Survival. Any and all representations and conditions made by the CONSULTANT under this Agreement are of the essence of this Agreement and shall survive the execution, delivery and termination of it, and all statements contained in any documents required by the CLIENT, whether delivered at the time of the execution or at a later date, shall constitute representations
hereunder.
14.13 Cumulative Remedies. In the event of default by any party herein, all other parties shall have all rights and remedies afforded to it at law or in equity to recover damages and to interpret or
enforce the terms of this Agreement. The exercise of any one right or remedy shall be without prejudice to the enforcement of any other right or remedy allowed at law or in equity.
14.14 State or Federal Laws. This Agreement is performed in Hunstville, Texas, and is subject to all applicable federal and state laws, statutes, codes, any and applicable permits, ordinances, rules, orders, and regulations of any local, state, or federal government authority having or asserting jurisdiction.
14.15 Equal Employment Opportunity. In the performance of this Agreement, the CONSULTANT will
not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, or national origin. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of it, state that it is an Equal Opportunity Employer.
14.16 Multiple Originals. Two (2) copies of this Agreement are executed; each shall be deemed an
original.
* * * * * * * * * * * * * *
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The parties have executed this Agreement in duplicate originals.
This day of , 2022.
FOR HUNTSVILLE: FOR KENDIG KEAST COLLABORATIVE:
By: By:
Aron Kulhavy, AICP Bret C. Keast, AICP
City Manager Chief Executive Officer
ATTEST:
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Item/Subject: Consider authorizing the City Manager to apply for the FEMA Hazard Mitigation Grant
Program (HMGP) in the amount of $292,500 in grant funding, with a commitment of $97,500 being
provided as the required City match and adopting Resolution 2022-15 in support of same for a
comprehensive drainage study for the Elkins Lake Subdivision.
Initiating Department/Presenter: Finance
Presenter: Kristie R. Hadnot – Grants Manager
Recommended Motion: Move to authorize the City Manager to apply for the FEMA Hazard Mitigation
Grant Program (HMGP) in the amount of $292,500 in grant funding, with a commitment of $97,500
being provided as the required City match and adopting Resolution 2022-15 in support of same for a
comprehensive drainage study for the Elkins Lake Subdivision.
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: On December 10, 2021, Governor Abbott and the Texas Department of Emergency
Management (TDEM) announced the opening of an application period for the FEMA Hazard Mitigation
Grant Program (HMGP) related to FEMA’s Disaster Recovery Number 4485 (FEMA-DR-4485) associated
with the COVID-19 Pandemic.
FEMA’s Hazard Mitigation Grant Program (HMGP) seeks to provide financial assistance to communities
in need of sustainable mitigation measures to plan and implement long-term solutions reducing future
disaster impacts. The primary outcomes anticipated from HMGP participation and funding includes
reducing the vulnerability of communities to disaster impacts and effects, promoting long-term
resiliency, ensuring expedited community vitality post-disaster, lessening the response and recovery
resource requirements, and increasing community means of financial self-sufficiency after a disaster.
Various areas within the City of Huntsville near lakes, creeks, and watersheds have historically been
impacted by the intense flooding and roadway submersions derived from storm water runoffs after
major storms and weather events. In some areas of the city, the flood waters will flow downstream
and/or recede back to normal waterway levels. However, within the Elkins Lake subdivision, it has been
observed and recorded that the water flowing from and into Elkins Lake and Azalea Lake has been
continuously stifled and/or redirected in other directions, particularly over ingress/egress roadways,
green space and into the homes of some residents. These direct flood inundations pose an increased
and immediate threat to the direct individual health and welfare of existing and new residents.
This has been an escalating problem year-after-year. Identified causes for the floodwater stagnation
and redirection can be attributed to storm events, properties being sold, new construction and
development, failing infrastructure components, and excessive build-up of silt and debris deposits
through waterway crossings. These impacts have created an urgent need situation for the residents of
the subdivision to have advanced flood mitigation measures evaluated and implemented in place.
4/19/2022
Agenda Item: 02b
CITY COUNCIL AGENDA
Agenda Item #
According to the City’s 2022 Strategic Plan adopted by Council on February 15, 2022, Goal #4 regarding
“Infrastructure” provided for a review of the city’s drainage infrastructure system with prioritization
and recommendations to be made for future projects, with an evaluation of potential funding sources.
Staff has been monitoring and attempting to minimize residential flood severity levels within the
subdivision for years. The increased weather events which have occurred in the last two years have
exacerbated the need for the creation of a comprehensive drainage plan for the Elkins Lake Subdivision.
Staff found that the estimated cost to complete a comprehensive drainage plan for the Elkins Lake
subdivision to be approximately $390,000.
Due to the existing urgent need conditions ripe for advanced flood mitigation measures, Staff is
proposing that the City submit a FEMA HMGP application requesting grant funds in the amount of
$292,500, with a commitment of $97,500 in City match funds, to finance the City’s effort to complete
a comprehensive drainage plan for the Elkins Lake Subdivision. Completion of the drainage plan should
provide the city with information on where flooding potential is most prevalent and to identify
structures most susceptible to hazardous flood impacts.
Previous Council Action: No previous action has been taken.
Financial Implications: ☒Item is not budgeted: If the grant is awarded, Staff will bring a Budget Amendment to Council for
approval at the appropriate time.
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
•Resolution 2022-15
RESOLUTION NO. 2022-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF THE APPLICATION FOR THE FEMA HAZARD
MITIGATION GRANT PROGRAM (HMGP) FOR THE COMPREHENSIVE DRAINAGE
STUDY FOR THE ELKINS LAKE SUBDIVISION; AND AUTHORIZING THE CITY MANAGER
TO ACT AS THE CITY’S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN
ALL MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN THE GRANT
PROGRAM.
WHEREAS The City desires to develop a viable urban community, including decent housing and a
suitable living environment; and
WHEREAS Certain conditions exist which represent a threat to public health and safety; and
WHEREAS It is necessary and in the best interest of the City to apply for funding under the FEMA
Hazard Mitigation Grant Program (HMGP) to complete a comprehensive drainage study
for the Elkins Lake Subdivision.
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that:
SECTION 1: A FEMA Hazard Mitigation Grant Program (HMGP) application is hereby authorized to
be filed on behalf of the City and be placed in competition for funding to FEMA, through
the Texas Department of Emergency Management (TDEM).
SECTION 2: The application request will be for $292,500.00 in grant funds and $97,500.00 will be the
required allocation amount for the City’s contribution towards the grant.
SECTION 3: The City Council directs and designates the City Manager as the City’s Chief Executive
Officer and Authorized Representative to act in all matters in connection with this
application and the City’s participation in the FEMA Hazard Mitigation Grant Program
(HMGP).
SECTION 4: All funds will be used in accordance with all applicable federal, state, local, and
programmatic requirements including but not limited to procurement, environmental
review, labor standards, real property acquisition, and civil rights requirements.
PASSED AND APPROVED this 19th day of April, 2022.
THE CITY OF HUNTSVILLE
____
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Item/Subject: Consider adoption of Ordinance 2022-14, amending the Huntsville Municipal Code,
specifically Chapter 10, Aviation, Article III, Airport Advisory Board, Section 10-40 (a), increasing the
number of board members from seven (7) to nine (9).
Initiating Department/Presenter: City Council
Presenter: Dee Howard-Mullins – Councilmember
Recommended Motion: 1st Reading: no action required.
Should the Council wish to adopt the ordinance without a second reading, an appropriate motion is
Move to waive the Charter requirement of readings on two separate days and approve the adoption of
Ordinance 2022-14, amending the Huntsville Municipal Code, specifically Chapter 10, Aviation, Article
III, Airport Advisory Board, Section 10-40 (a), increasing the number of board members from seven (7)
to nine (9).
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: The Airport Advisory Board was created with the adoption of Ordinance No. 2021-32. The
Huntsville Code of Ordinances states that the Airport Advisory Board will consist of seven (7) members.
Councilmember Howard-Mullins has requested to place an item on the agenda to consider increasing
the number of members to nine (9). The additional positions are recommended to be filled by a
representative form the County and the business community (Chamber of Commerce).
Should the Council adopt the ordinance to increase the number of members on the committee,
nominations and consideration of applicants will be placed on a future agenda consistent with other
board appointments.
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:
•Ordinance 2022-14
•Exhibit A
•Council Member Howard-Mullins request
4/19/22
Agenda Item: 03a
CITY COUNCIL AGENDA
4/1/2022 City of Huntsville, Texas Mail - Re: Airport Board
https://mail.google.com/mail/u/0/?ik=1aca9afddd&view=pt&search=all&permthid=thread-f%3A1728927663057071543%7Cmsg-a%3Ar108389555073…1/1
Aron Kulhavy <akulhavy@huntsvilletx.gov>
Re: Airport Board
1 message
Aron Kulhavy <akulhavy@huntsvilletx.gov>Fri, Apr 1, 2022 at 2:37 PM
To: Dee Howard <dhoward@huntsvilletx.gov>
Cc: Andy Brauninger <abrauninger@huntsvilletx.gov>
An amending ordinance to increase the membership will be on the second meeting in April for a first
reading.
AK
Aron Kulhavy, AICP
City Manager
1212 Avenue M
936-291-5401
On Fri, Apr 1, 2022 at 2:12 PM Dee Howard <dhoward@huntsvilletx.gov> wrote:
Write it up and I will sponsor.
Sent from my iPhone
Dee Howard Mullins
> On Apr 1, 2022, at 1:39 PM, Aron Kulhavy <akulhavy@huntsvilletx.gov> wrote:
>
ORDINANCE NO. 2022-14
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS AMENDING
THE CODE OF ORDINANCES; CHAPTER 10, “AVIATION”, ARTICLE
III, AIRPORT ADVISORY BOARD, SEC. 10-40 (a), INCREASING THE BOARD TO NINE (9) MEMBERS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PROPER NOTICE AND OPEN MEETINGS WHEREAS, the City of Huntsville (“City”) is a Texas home-rule municipality; and WHEREAS, pursuant to Texas Local Government Code, Section 51.001, the City has
the authority to adopt ordinances and regulations that are for good government, peace and order
of the City; and WHEREAS, the City of Huntsville, Texas owns the Bruce Brother’s Huntsville Regional Airport; and
WHEREAS, the City Council supports the growth and development of the aviation industry in Huntsville; and WHEREAS, this ordinance amends Chapter 10, “Aviation” of the Code of Ordinance,
Article III, Airport Advisory Board, Section 10-40 (a), increasing the number of board members
from seven (7) to nine (9); and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed. SECTION 2: Huntsville Code of Ordinances Chapter 10 “Aviation”, Article III, Section
10-40 (a) is hereby amended, increasing the number of board members from seven (7) to
nine (9) as shown in the attached Exhibit “A” which is incorporated herein for all purposes. SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the provisions of this Ordinance shall be, and the same are hereby, repealed and all other
ordinances of the City not in conflict with the provisions of this Ordinance shall remain in
full force and effect. SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this Ordinance as a whole or any part or provision thereof, other than the part
so declared to be invalid, illegal or unconstitutional.
SECTION 5: This Ordinance shall take effective immediately from and after the date of its
passage.
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 A
CHAPTER 10-AVIATION
ARTICLE III. AIRPORT ADVISORY BOARD
Sec. 10-40. - Created; composition; qualifications; compensation; maximum term of members.
(a) There is hereby created and established an Airport Advisory Board, an advisory board, to be
composed of seven nine (9) members.
Item/Subject: Consider commissioning a comprehensive drainage study to look at, itemize, and
diagnose the flooding issues at Elkin’s Lake.
Initiating Department/Presenter: City Council
Presenter: Councilmembers Strong, Lyle and Howard-Mullins
Recommended Motion: Move to direct the City Manager to prepare for consideration a proposal to
complete a Comprehensive Master Drainage Study for the Elkins Lake Subdivision.
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 Elkins Lake subdivision was annexed in the mid - 90s. At that time, the majority of the
utilities (water, wastewater, and storm) and pavement were in place. The city’s current design standard
that was published in 2016, stipulates the design of storm sewer systems in residential areas to
accommodate a 5-year rainfall event, or a storm with the “intensity of probability of occurrence” every
5 years. However, the existing infrastructure in the Elkin’s Lake Subdivision is not sized for the new 5-
year, 10-year, 100-year, nor 500-year storms published in 2018.
In order for us to properly address the storm sewer system and areas in Elkins Lake, it is recommended
that a comprehensive master drainage study for the Elkins Lake Subdivision be completed. This study
will evaluate the existing drainage system and propose improvements to potentially reduce the risk of
flooding of residential structures and inundation of roadways.
This Master Drainage Study should include:
1)Data Collection – historical flooding data, flooding reports, LiDAR DEM data, watershed
maps, hydrologic and hydraulic models
2)Field Reconnaissance – document existing drainage systems, outfalls and drainage patterns.
3)Topographic Survey – three (3) Dams, to provide sufficient detail to hydraulically model the
dam spillway and appurtenances.
4)Topographic Survey – Storm Sewer infrastructure which are not in the Storm Sewer GIS
Data.
5)Terrain – based on LiDAR information to prepare a Terrain file for use in hydrologic and
hydraulic modeling.
6)Hydrologic Modeling – determine Atlas 14 precipitation for area, delineate drainage areas,
create HEC-HMS model to develop runoff hydrographs to the lakes.
7)Hydraulic Modeling – create HEC-RAS, and 2D HEC-RAS models to determine lake stage
hydrographs and assist in determining problem areas and cause.
8)Problem Identification and Alternative Analysis, and Cost Estimation for the proposed
projects.
9)Public Meetings
4/19/22
Agenda Item: 3b
CITY COUNCIL AGENDA
The estimated cost of this Master Drainage Study for the Elkins Lake is approximately $390,000. At the
same meeting this item is discussed, staff is seeking a resolution and Council approval to apply for a
Hazard Mitigation Grant for this project to cover 75% of the cost. Should the grant application not be
successful, the City will be responsible for the full expense of the study.
Previous Council Action: None
Financial Implications: ☒Item is not budgeted: There are no funds budgeted for this request. Funding for this project
would require a budget amendment and be funded out of Utility Fund unallocated reserves. There
is approximately $2.5 million available in the Utility Fund above the 25% policy minimum.
Approvals: ☐City Attorney ☐Director of Finance ☐City Manager
4/11/2022 City of Huntsville, Texas Mail - Drainage Study for Elkins Lake
https://mail.google.com/mail/u/0/?ik=1aca9afddd&view=pt&search=all&permthid=thread-f%3A1728747500347076530%7Cmsg-f%3A1728747500347…1/1
Aron Kulhavy <akulhavy@huntsvilletx.gov>
Drainage Study for Elkins Lake
1 message
Jon Strong <jstrong@huntsvilletx.gov>Wed, Mar 30, 2022 at 12:41 PM
To: Aron Kulhavy <akulhavy@huntsvilletx.gov>, Kristy Doll <kdoll@huntsvilletx.gov>, Rick Rudometkin
<rrudometkin@huntsvilletx.gov>
Cc: Bert Lyle <blyle@huntsvilletx.gov>, Dee Howard <dhoward@huntsvilletx.gov>
Good afternoon Aron and Kristy and Rick,
Councilmembers Lyle and Howard Mullins and I wanted to reach out to you. We would like to put an item on the agenda
concerning the drainage situation at Elkins Lake.
We have visited with the powers that be at Elkins Lake, and with several city officials and it seems like since the problems
are myriad there is really only one clear starting point. We would like to commission a comprehensive drainage study to
look at, itemize, and diagnose the flooding issues that are going on at Elkins Lake. We would like to get this study done
in the next six months. I know that you guys are having some preliminary discussions about this, but we do not want this
to languish, so we got together and wanted to put this item on the agenda so that we can get the ball rolling, as I know
that if it passes, the study itself will take some time. The three of us are excited to work together and co-sponsor this bill!
Let me know what you need from us to get this going. I know that it will not be on the agenda this coming Tuesday, but
maybe we can get it on the agenda for the meeting on the 19th of April.
I appreciate your help and your hard work as always
Jon Strong