City Council Meeting Agenda Packets 12-20-20221
CITY OF HUNTSVILLE, TEXAS
Andy Brauninger, Mayor Bert Lyle, Position 1 At-Large
Karen Denman, Position 2 At-Large
Vicki McKenzie, Position 3 At-Large
Pat Graham, Position 4 At-Large
Daiquiri Beebe, Ward 1
Mayor Pro Tem Russell Humphrey, Ward 2
Deloris Massey, Ward 3
Jon Strong, Ward 4
HUNTSVILLE CITY COUNCIL AGENDA
TUESDAY, DECEMBER 20, 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.)
DISCUSSION
a. Huntsville Public Library management and operations
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
PRESENTATIONS
a. Recognize Walker County Judge Danny Pierce for 20 years of Dedicated Service
Andy Brauninger, Mayor
PUBLIC HEARING
a. Public Hearing to hear testimony concerning the consideration of a Conditional Use Permit Application
for a proposed expansion of a self-storage facility located at 3404 Powell Road on Walker County
Property ID #24094.
Armon Irones, City Planner
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 from the December 6, 2022 Regular City Council meeting.
b. Consider adoption of Ordinance 2022-43 to amend the budget for FY 22-23 and/or CIP Project
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budgets.
Steve Ritter, Finance Director
c. Consider Resolution 2022-32 authorizing the City Manager to apply for and accept, if awarded,
funding under the CDBG-MIT Regional Mitigation Program as administered by the Texas General
Land Office for local mitigation projects.
Ashley Brown, Grants Manager
d. Consider Resolution 2022-33 authorizing the City Manager to apply for and accept, if awarded,
funding under the Arts Engagement in American Communities Grant Program (AEAC) to enhance
Main Street Music Series events.
Ashley Brown, Grants Manager
e. Consider authorizing the City Manager to award the purchase of Vegetative Debris Grinding Services.
Brent Sherrod, Public Works Director
f. Consider authorizing the City Manager to grant an easement to Entergy Texas Inc. to provide
additional electrical service to the Huntsville Municipal Airport located at 1000 Ariport Road.
Kathlie Jeng-Bulloch, City Engineer
g. Consider the Third Amendment to the Option to Purchase and Agreement to Pursue Water Supply
between the City of Huntsville and Montgomery County Municipal Utility Districts Number 8 and 9.
Aron Kulhavy, City Manager
2. STATUTORY AGENDA
a. Consider approving a Conditional Use Permit Application for the proposed expansion of a self-storage
facility located at 3404 Powell Road on Walker County Property ID#24094.
Armon Irones, City Planner
b. Consider the purchase of FY2023 vehicles, from multiple vendors, authoring the City Manager to
execute associated contracts.
Brent Sherrod, Public Works Director
c. Consider approval of a Public Improvement District (PID) policy.
Kevin Byal, Director of Development Services
3. CITY COUNCIL/MAYOR/CITY MANAGER
a. Consider the appointments to the City of Huntsville Boards and Commissions for expired terms or
vacant board positions.
Andy Brauninger, Mayor
b. Consider authorizing the City Manager to enter into an agreement with Library Systems & Services,
LLC, for the management and operations of the Huntsville Public Library.
Aron Kulhavy, City Manager
4. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
5. ITEMS OF COMMUNITY INTEREST
6. 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 Cause No. 2130313 City of Huntsville v Walker County
ESD#3.
Leonard Schneider, City Attorney
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b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
Section 551.071 to receive legal advice on Walker County Special Utility District (SUD)
Leonard Schneider, City Attorney
7. RECONVENE
Take 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 a Closed or Executive session of the Council is required, then such closed meeting will be held
as authorized by Texas Government Code, Chapter 551, Section 551.071 – consultation with counsel on legal
matters; 551.072 – deliberation regarding purchase, exchange, lease or value of real property; 551.073 –
deliberation regarding a prospective gift; 551.074 – personnel matters regarding the appointment, employment,
evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; 551.076 –
implementation of security personnel or devices; 551.087 – deliberation regarding economic development
negotiation; Sec. 551.089 - deliberation regarding security devices or security audits; and/or other matters as
authorized under the Texas Government Code. If a Closed or Executive session is held in accordance with the
Texas Government Code as set out above, the City Council will reconvene in Open Session to take action, if
necessary, on the items addressed during Executive Session.
CERTIFICATE
I, Kristy Doll, City Secretary, do hereby certify that the above notice was posted on the City Hall bulletin board,
a place convenient and readily accessible to the general public at all times, and to the City’s website,
www.HuntsvilleTX.gov, in compliance with Chapter 551, Texas Government Code.
DATE OF POSTING: 12/16/2022 Kristy Doll
TIME OF POSTING: 9:00 a.m. Kristy Doll, City Secretary
TAKEN DOWN:
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CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: a.
Agenda Item: Huntsville Public Library management and operations
Initiating Department/Presenter: City Secretary
Presenter:
Recommended Motion: Not applicable
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Kristy Doll
Aron Kulhavy
Associated Information:
Page 4 of 108
CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: a.
Agenda Item: Recognize Walker County Judge Danny Pierce for 20 years of Dedicated Service
Initiating Department/Presenter: City Council
Presenter:
Andy Brauninger, Mayor
Recommended Motion: Not Applicable
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Kristy Doll
Associated Information:
Page 5 of 108
CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: a.
Agenda Item: Public Hearing to hear testimony concerning the consideration of a Conditional Use
Permit Application for a proposed expansion of a self-storage facility located at 3404 Powell Road on
Walker County Property ID #24094.
Initiating Department/Presenter: Development Services
Presenter:
Armon Irones, City Planner
Recommended Motion: Public Hearing Only-No action required
Strategic Initiative: Strategic Initiative Goal #3, Economic Development-To promote and enhance a
strong and diverse economy.
Discussion: On December 1, 2022, following a public hearing, the Planning Commission voted
unanimously to recommend approval of Conditional Use Permit 03-2022, as detailed in the attached
DRAFT Letter of Conditional Approval. This document places conditions on the proposed expansion of
the development to mitigate possible nuisance effects of the existing surrounding properties. The self-
storage facility is an existing business, and they want to expand by placing two additional buildings on
the site. The applicant has agreed to the conditions recommended by the Planning Commission. The
development will also be subject to all applicable provisions of the Development Code, Engineering
design criteria, and all other building codes.
During the public hearing portion of the Planning Commission meeting, no one spoke in favor or in
opposition of the development other than the applicant.
Planning staff received a phone call from a citizen that wanted more information about the proposed
project.
Previous Council Action: None
Financial Implications: None
Approvals:
Kevin Byal
Kristy Doll
Associated Information:
1. CUP Vicinity map
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Subject Property
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 11/21/2022
Vicinity MapHuntsville GIS Division
1 in = 100 ft
0 0.015 0.030.0075 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
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CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 1.a.
Agenda Item: Consider approving the Minutes from the December 6, 2022 Regular City Council
meeting.
Initiating Department/Presenter: City Secretary
Presenter:
Recommended Motion: NA
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Kristy Doll
Associated Information:
1. Minutes 12-06-2022
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD
ON THE 6th DAY OF DECEMBER 2022, IN THE CITY HALL, LOCATED AT 1212
AVENUE M, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 6:00
P.M.
The Council met in a workshop and regular session with the following:
COUNCILMEMBERS PRESENT: Mayor Brauninger, Mayor Pro Tem Humphrey,
Councilmember Ward 1 Beebe, Councilmember At-Large Position 1 Lyle, Councilmember At-
Large Position 2 Denman, Councilmember Ward 3 Massey, Councilmember At-Large Position 3
McKenzie, Councilmember Ward 4 Strong, Councilmember At-Large Position 4 Graham
COUNCILMEMBERS ABSENT: None
OFFICERS PRESENT: Aron Kulhavy, City Manager; Leonard Schneider, City Attorney;
Sharon Schultz. Deputy City Secretary (for Kristy Doll, City Secretary)
WORKSHOP (4:30 p.m.)
a.Discuss Texas General Land Office (GLO) Regional Mitigation Grant Fund
Application
Kathlie Jeng-Bulloch, City Engineer
b.TxDOT I-45 Section 2B Landscaping Plan
Aron Kulhavy, City Manager
MAIN SESSION (6:00 p.m.)
CALL TO ORDER (6:00 p.m.)
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 Lyle gave the invocation and pledges were led by Mayor Brauninger
PROCLAMATION
a.Proclamation No. 2022-26 - Huntsville Independent School District for achieving the
highest gains in the Nation in reading levels for 3rd-8th graders from 2019-2022.
Andy Brauninger, Mayor
PUBLIC HEARING
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
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member of Council.)
a. Consider approving the Minutes from the November 15, 2022 Regular City
Council meeting.
b. Consider adoption of Ordinance 2022-40 to amend the budget for FY 21-22
and/or CIP Project budgets.
Steve Ritter, Finance Director
c. Consider adoption of Ordinance 2022-41 to amend the budget for FY 22-23
and/or CIP Project budgets.
Steve Ritter, Finance Director
d. Consider authorizing the City Manager to award the purchase of three (3) Penn
Valley Reciprocating Positive Displacement Pumps, and associated accessories,
to be installed at the Robinson Creek Wastewater Treatment Plant.
Brent Sherrod, Public Works Director
e. Second Reading - Consider adoption of Ordinance 2022-37 to change the
Development District Classification for 32.0675 acres, located adjacent to
Sections 1 and 3 on the east side of Elkins Lake Subdivision near the intersection
of Wellington Drive and Green Briar Drive from Neighborhood Conservation to
Management.
Armon Irones, City Planner
Councilmember Daiquiri Beebe made a motion to approve the Consent Agenda, Items a
through e. The motion was seconded by Councilmember Pat Graham. The motion passed
9-0. Yes - Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Karen Denman, Vicki
McKenzie, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle; No - None
2. STATUTORY AGENDA
a. First Reading - Consider Ordinance 2022-42 amending the Code of Ordinances
of the City of Huntsville, Chapter 44 Article VI to modify parking regulations on
University Avenue and 12th Street.
Aron Kulhavy, City Manager
Councilmember Bert Lyle left the council chambers due to conflict of interest.
Public comments were heard from Bill Daugette and Alexis Holbrook.
Councilmember Daiquiri Beebe made a motion to temporarily suspend the two-reading
requirement and move to adopt Ordinance 2022-42 amending the Code of Ordinances of
the City of Huntsville, Chapter 44 Article VI, to modify parking regulations on University
Avenue and 12th Street with the City Attorney to correctly modify the Ordinance. The
motion was seconded by Councilmember Vicki McKenzie. The motion failed 6-2.
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Roll call vote
Yes: Daiquiri Beebe, Vicki McKenzie
No: Andy Brauninger, Russell Humphrey, Karen Denman, Deloris Massey, Jon Strong,
Pat Graham
Abstain: Bert Lyle
Councilmember Bert Lyle returned to the council chambers.
3. CITY COUNCIL/MAYOR/CITY MANAGER
4. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
None
5. ITEMS OF COMMUNITY INTEREST
Mayor and Council announced Items of Community Interest
6. 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 Walker County
Special Utility District.
Leonard Schneider, City Attorney
Council convened into Executive Session at 6:37 p.m.
7. RECONVENE
Council reconvened from Executive Session into Open Session at 7:09 p.m.
Councilmember Daiquiri Beebe made a motion to direct the staff to retain attorney David
Klein for services. The motion was seconded by Councilmember Pat Graham. The motion
passed 9-0. Yes - Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Karen Denman,
Vicki McKenzie, Deloris Massey, Jon Strong, Pat Graham, Bert Lyle; No - None
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 7:10 p.m.
ATTEST: CITY OF HUNTSVILLE
____________________________ ________________________________
Kristy Doll, City Secretary Andy Brauninger, Mayor
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CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 1.b.
Agenda Item: Consider adoption of Ordinance 2022-43 to amend the budget for FY 22-23 and/or CIP
Project budgets.
Initiating Department/Presenter: Finance
Presenter:
Steve Ritter, Finance Director
Recommended Motion: Move to adopt Ordinance 2022-43 to amend the budget for FY 22-23 and/or
CIP Project budgets.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: Detailed explanations for the Budget Amendments are provided in the attachment, Exhibit
A, to the Ordinance. The Budget Amendments were discussed with the Finance Committee at their
December 20, 2022 meeting.
Previous Council Action: No previous Council action for these budget amendments.
Financial Implications: See the attached Ordinance 2022-43 and related Budget Amendment (Exhibit A)
Approvals:
Steve Ritter
Aron Kulhavy
Kristy Doll
Associated Information:
1. ORDINANCE 2022-43 - BAs FY 22-23 - 12.20.22 council meeting
2. BAs - 12.20.22 CC mtg
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ORDINANCE NO. 2022-43
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2022-
2023 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP)
BUDGETS, ORDINANCE NO. 2022-24 TO AMEND ADOPTED EXPENDITURES OF
THE BUDGET; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the 2022-2023 Annual Budget and CIP Budgets were adopted by Ordinance 2022-24 on
September 20, 2022;
WHEREAS, various unforeseen circumstances affecting the City have presented themselves during the
course of the fiscal year;
WHEREAS, the City Council considered the circumstances independently, deliberating appropriately on
the associated revenues and expenditures and the overall impact on the general financial status of the City;
WHEREAS, pursuant to the laws of the State of Texas and the City Charter of the City of Huntsville,
Texas, the City Council has determined that it will be beneficial and advantageous to the citizens of the
City of Huntsville to amend the annual budget for fiscal year 2022 – 2023 and/or the Capital Improvements
Projects (CIP) budget as set forth herein; and
WHEREAS, this ordinance combines the independent Council actions into one budget amendment
document;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, that:
Section 1. The findings set forth above are incorporated into the body of this ordinance.
Section 2. The annual budget for fiscal year 2022 – 2023 is hereby amended to include the expenditures
and revenues in Exhibit “A” and/or the Capital Improvements Projects budget is hereby amended to include
the expenditures described in Exhibit “A” attached hereto and made a part of this ordinance as if set out
verbatim herein.
Section 3. All ordinances of the City in conflict with the provisions of this ordinance are hereby repealed,
and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full
force and effect.
Section 4. Should any section, portion, sentence, clause or phrase of this ordinance be declared
unconstitutional or invalid for any reason, it shall not invalidate or impair the force or effect of any other
section or portion of this ordinance.
Section 5. The necessity for amending the budget for the fiscal year 2022 – 2023 and/or Capital
Improvements Projects, as required by the laws of the State of Texas, requires that this ordinance shall take
effect immediately from and after its passage, as the law in such cases provides.
Section 6. This ordinance shall take effect immediately after its passage.
PASSED AND APPROVED on this the 20th day of December 2022.
THE CITY OF HUNTSVILLE, TEXAS
__________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
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Budget Amendments FY 22-23
Council 12/20/2022
Exhibit A
Increase:Auction Proceeds Revenue - Equipment Replacement Fund $75,374
Increase:Motor Vehicles Purchases - Equipment Replacement Fund $75,374
Explanation:
The costs for replacing the Police patrol vehicles has risen significantly in the last couple of years. The
scheduled replacement of 8 of the vehicles in the 22 - 23 fiscal year is approximately $70,000 more than what
was originally budgeted for their purchase. Additionally, replacement of 3 work trucks for various
Departments are about $7,100 over budget. Lastly, on the positive side, total cost for replacement of 5 other
vehicles being purchased were about $2,200 under budget. Net, overall, the Fund needs $75,374 of
additional budget for these purchases. Auction of vehicles and other equipment in the Equipment
Replacement Fund in fiscal year 22 - 23 has provided about $170,000 of additional monies to the Fund. Of
this $170,000 around $90,000 to $100,00, can be attributed to the auction of police vehicles and other
equipment funded from General Fund operations. These auction funds are available to cover the extra cost
of the police vehicles or other vehicles and equipment if approved by Council.
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CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 1.c.
Agenda Item: Consider Resolution 2022-32 authorizing the City Manager to apply for and accept, if
awarded, funding under the CDBG-MIT Regional Mitigation Program as administered by the Texas
General Land Office for local mitigation projects.
Initiating Department/Presenter: Finance
Presenter:
Ashley Brown, Grants Manager
Recommended Motion: Move to approve Resolution 2022-32 authorizing the City Manager to apply for
and accept, if awarded, funding under the CDBG-MIT Regional Mitigation Program as administered by
the Texas General Land Office in the amount of $2,256,200 ($2,256,200 federal grant share, $0 city
match share) for local mitigation projects.
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;
Goal #5, Resource Development - Enhance the quality of life for citizens, businesses and visitors by
leveraging the human and fiscal resources available to the community
Discussion: On September 6, 2022, the Texas General Land Office (GLO) approved the Houston-
Galveston Area Council's (H-GAC) Method of Distribution (MOD) for the allocation of U.S. Department of
Housing and Urban Development Community Development Block Grant Mitigation (CDBG-MIT) Regional
Mitigation Program funds to counties and local jurisdictions for risk mitigation projects related to
flooding, hurricanes, and other natural disasters. The approved MOD includes the amount of funding
available for eligible jurisdictions (counties and cities) for risk mitigation projects, for which the City of
Huntsville was allocated $2,256,200 ($932,600 HUD MID, $1,323,600 State MID).
On December 6, 2022, City Council held a workshop during which Staff outlined eligible projects and
provided recommendations for the best use of the funds and received feedback from Council on
priorities and preferences. Staff has drafted an application to the General Land Office based on these
discussions and direction provided by Council. This agenda item is a request to apply for the funding
allocation set forth in the Houston-Galveston Area Council's (H-GAC) Method of Distribution (MOD) to
complete local mitigation projects as discussed during the workshop.
Proposed projects in application:
-Generator Replacement Program ($355,000)
(Service Center Fleet Building, MLK Community Center)
-Tanyard Creek Lift Station Force Main ($1.1M);
-Drainage Projects - Autumn Road ($0.75M)
-Dawson Lake Dam - $50,000 for H&H report.
Total of $2.255M
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Previous Council Action: Council held a workshop to discuss priorities for proposed projects on
December 6, 2022. Staff presented a list of recommended projects and modified the generator
replacements to included the MLK Community Center as requested.
Financial Implications: If the grant is awarded, Staff will bring a Budget Amendment to Council for
approval at the appropriate time.
Approvals:
Steve Ritter
Leonard Schneider
Aron Kulhavy
Kristy Doll
Associated Information:
1. FY23 CDBG-MIT Resolution 2022-32
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RESOLUTION NO. 2022-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE CDBG-MIT REGIONAL
MITIGATION PROGRAM AS ADMINISTERED BY THE TEXAS GENERAL LAND OFFICE;
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 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 and enhance the quality of life for citizens, businesses and visitors; and
WHEREAS It is necessary and in the best interest of the City to apply for funding under the CDBG-
MIT Regional Mitigation Program.
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that:
SECTION 1: A application is hereby authorized to be filed on behalf of the City and be placed in
competition for funding under the CDBG-MIT Regional Mitigation Program.
SECTION 2: The application will be for $2,256,200, of which $2,256,200 will be in grant funds, to to
complete local mitigation projects.
SECTION 3: The City acknowledges that there is no match requirement for this program.
SECTION 4: The Mayor and City Council strongly support this application to ensure the quality of the
City utilities, transportation and physical structures and enhance the quality of life for
citizens, businesses and visitors.
SECTION 5: 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 CDBG-MIT Regional Mitigation Program
as administered by the Texas General Land Office.
SECTION 6: 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 20th day of December, 2022.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Page 18 of 108
CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 1.d.
Agenda Item: Consider Resolution 2022-33 authorizing the City Manager to apply for and accept, if
awarded, funding under the Arts Engagement in American Communities Grant Program (AEAC) to
enhance Main Street Music Series events.
Initiating Department/Presenter: Finance
Presenter:
Ashley Brown, Grants Manager
Recommended Motion: Move to approve Resolution 2022-33 authorizing the City Manager to apply for
and accept, if awarded, funding under the Arts Engagement in American Communities Grant Program
(AEAC) in the amount of $20,000 ($10,000 federal grant share, $10,000 city match share) to enhance the
Main Street Music Series events.
Strategic Initiative: Goal #3, Economic Development – Promote and enhance a strong and diverse
economy; Goal #1, City Appearance - Provide policies, amenities, and events that
enhance the City’s already beautiful and historic natural environment
Discussion: The City of Huntsville organizes and implements a plethora of arts and cultural activities
through the Economic Development Department. We collaborate with a variety of organizations in the
community, such as Sam Houston State University, the Old Town Theatre, Ballet Folklorico, and many
others. Some examples of programming include year-round art classes, music and dance performances,
literary readings, cultural events, and rotating arts exhibits at The Wynne Home Arts and Visitor Center.
The City has partnered with the Huntsville-Walker County Chamber of Commerce's Huntsville
Leadership Institute-Class of 2023 to build and install a new stage in our downtown area that will be
better equipped to facilitate larger musical acts for the Main Street Music Series. The Main Street Music
Series, hosted by the City of Huntsville, takes place in the spring and summer and consists of a series of
four concerts in the heart of our community, promoting musical artists and encouraging community
engagement in order to revitalize our downtown. Events for 2023 are currently being planned in
partnership with the Huntsville Downtown Business Alliance.
This agenda item is a request to apply for funding under the Arts Engagement in American Communities
Grant Program (AEAC) administered by the National Endowment for the Arts in the amount of $20,000
($10,000 federal grant share, $10,000 city match share) to enhance the Main Street Music Series events.
If awarded, funding would be utilized to book artists that would attract increased numbers of visitors
and citizens to experience the arts and explore downtown.
The department has identified funding within their current budget to cover the required match amount.
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Previous Council Action: No previous action has been taken.
Financial Implications: If the grant is awarded, Staff will bring a Budget Amendment to Council for
approval at the appropriate time.
Approvals:
Steve Ritter
Leonard Schneider
Aron Kulhavy
Kristy Doll
Associated Information:
1. FY23 AEAC Resolution 2022-33
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RESOLUTION NO. 2022-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR THE FY 2023 ARTS
ENGAGEMENT IN AMERICAN COMMUNITIES GRANT PROGRAM (AEAC) TO ENHANCE
THE MAIN STREET MUSIC SERIES EVENTS; 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 promote and enhance a strong and diverse economy and to provide
policies, amenities, and events that enhance the City’s already beautiful and historic natural
environment; and
WHEREAS It is necessary and in the best interest of the City to apply for funding under the FY 2023
Arts Engagement in American Communities Grant Program (AEAC).
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that:
SECTION 1: A application is hereby authorized to be filed on behalf of the City and be placed in
competition for funding under the Arts Engagement in American Communities Grant
Program (AEAC).
SECTION 2: The application will be for $20,000, of which $10,000 will be in grant funds, to book artists
that would attract increased numbers of visitors and citizens to experience the arts and
explore downtown.
SECTION 3: The City agrees to provide matching funds of $10,000 in the form of in-kind and/or cash
match for a total match of 50%.
SECTION 4: The Mayor and City Council strongly support this application to promote and enhance a
strong and diverse economy.
SECTION 5: 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 FY 2023 Arts Engagement in American
Communities Grant Program (AEAC).
PASSED AND APPROVED this 20th day of December, 2022.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ _______________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
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CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 1.e.
Agenda Item: Consider authorizing the City Manager to award the purchase of Vegetative Debris
Grinding Services.
Initiating Department/Presenter: Public Works
Presenter:
Brent Sherrod, Public Works Director
Recommended Motion: Move to authorize the City Manager to award the purchase of Vegetative
Debris Grinding, Removal and Disposal Services to Troy Atkinson at the unit prices referenced in the Bid
Tabulation.
Strategic Initiative: Goal #1, City Appearance - Provide policies, amenities, and events that enhance the
City’s already beautiful and historic natural environment.
Discussion: It is necessary for the City to contract with a private-sector contractor to perform periodic
grinding, removal and disposal services for vegetative debris collected at the City’s Transfer Station, as
required by the Texas Commission on Environmental Quality Municipal Solid Waste Permit. The services
are generally performed twice per year, with the contracted vendor performing grinding and removal
services of the vegetative debris and transporting the ground materials to final disposal in compliance
with state requirements.
City staff utilized sealed bid proposals for the vegetative debris grinding services to achieve optimal
results at a competitive price. Multiple vendors were invited to bid, to include advertising the invitation
to bid as required. Three (3) bids were received and opened on November 29, 2022. Solid Waste and
Purchasing staff have evaluated the bids received to determine an award recommendation to Troy
Atkinson of Conroe, Texas. Staff have checked references for Troy Atkinson and, based on their
performance in previous grinding services with the City, recommends approving them to provide the
necessary services, as outlined within the bid package and tabulation, for $32.00 per ton.
This contract will provide for periodic, ongoing vegetative debris grinding services at the City Transfer
Station as well as emergency disaster-related debris grinding which may be necessary during the
contract term, which is one (1) year original term and one (1) year renewal term, with an anticipated
expiration of December 2024.
Previous Council Action: The previous Vegetative Debris Grinding Services contract was approved by
City Council on October 5, 2021.
Financial Implications: Item is budgeted: _224-374-55650 In the amount of $71,490.00
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Approvals:
Brent Sherrod
Leonard Schneider
Aron Kulhavy
Kristy Doll
Associated Information:
1. Bid Tab - Bid NO. 23-12
Page 23 of 108
Description Unit Price per Ton Comments Unit Price per Ton Comments Unit Price per Ton Comments Unit Price per Ton Comments Unit Price per Ton Comments
Periodic, ongoing debris
grinding services with removal
& disposal of vegetative debris.
$ 32.00 $ 50.00 500 Ton Minimum or
$25,000.00 $ 109.50
Emergency, disaster-related
debris grinding services at
temporary debris storage and
reduction site (TDSRS) to be
determined; debris quantity less
than 1,000 tons
$ 32.00 $ 40.00 501 Ton Minimum or
$20,000.00 $ 127.50
Emergency, disaster-related
debris grinding services at
temporary debris storage and
reduction site (TDSRS) to be
determined; debris quantity more
than 1,000 tons
$ 32.00 $ 40.00 $ 114.00
Periodic grinding and re-
grinding (mulch quality) with
disposal of mulch to a different
location within the transfer
station grinding site.
$ 32.00 $ 50.00 $ 115.00
Proposed disposal site
Addendum #1
Yes/No
Addendum #1
Yes/No
Landscapers Price
New Waverly, TX
Bid Tabulation
Project Name: Bid NO. 23-12 Vegetative Debris Grinding with Removal and Disposal
Location: 1212 Avenue M Huntsville, TX 77340
Date: Tuesday, November 29, 2023 Time: 2:00 P.M. Central Time
KDF Enterprises, LLCTroy Atkinson Southern Star
Twin Oaks Polk County Landfill
Yes
Yes
Yes Yes
Yes Yes
Page 24 of 108
CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 1.f.
Agenda Item: Consider authorizing the City Manager to grant an easement to Entergy Texas Inc. to
provide additional electrical service to the Huntsville Municipal Airport located at 1000 Ariport Road.
Initiating Department/Presenter: Engineering
Presenter:
Kathlie Jeng-Bulloch, City Engineer
Recommended Motion: Move to authorize the City Manager to grant the easement to Entergy
Texas Inc. for the extension of their existing electric line.
Strategic Initiative: Goal #4, Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient manner.
Discussion:
This agenda item is pertaining to granting the easement (See attached Map) to Entergy Texas Inc.
for relocating and extension of the existing electric line and constructing new weather monitoring
equipment for the Airport Property. This is a part of the overall improvement plan for the airport.
The City does not receive compensation for extensions of distribution lines from Entergy Texas Inc.
Entergy recently granted a 40-foot easement across their sub-station located at FM 2821 and FM
247 for the city's new sewer trunk line. Entergy sought no compensation from the city.
Entergy did compensate the City for their transmission line along Veterans Memorial Parkway.
Previous Council Action: None
Financial Implications: There is no financial impact associated with this item.
Approvals:
Kathlie Jeng-Bulloch
Aron Kulhavy
Kristy Doll
Associated Information:
1. Map Airport Dr - Entergy Easement Area 12 20 22
2. Easement Document
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Page 33 of 108
CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 1.g.
Agenda Item: Consider the Third Amendment to the Option to Purchase and Agreement to Pursue
Water Supply between the City of Huntsville and Montgomery County Municipal Utility Districts Number
8 and 9.
Initiating Department/Presenter: Public Works
Presenter:
Aron Kulhavy, City Manager
Recommended Motion: Move to approve the Third Amendment to the Option to Purchase and
Agreement to Pursue Water Supply between the City of Huntsville and Montgomery County Municipal
Utility Districts Number 8 and 9.
Strategic Initiative: Goal #4, Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient manner.
Discussion: The City has agreements with Montgomery County Municipal Utility Districts (MUD) 8 and 9
in which the City provided the MUDs with an option to purchase up to 2.0 million gallons per day (mgd)
of treated wastewater that the City discharges into the San Jacinto River basin. The first amendment to
the Option Period expired on January 31, 2021 and the second amendment is set to expire on January
31, 2023. The MUDs are requesting an amendment to extend the option period to January 31, 2025.
Previously, the City was issued a Water Use Permit by the Texas Commission on Environmental Quality
(TCEQ), which allows the City to use the bed and banks of the San Jacinto River to transport the water to
the MUDs.
The Third Amendment is intended to extend the MUDs option period an additional two years. The
MUDs will pay the City an additional $5000 for the extended option period.
Previous Council Action: The Council approved the first amendment to the option to purchase
agreement in March of 2018 and the second amendment in October of 2020.
Financial Implications: The item is expected to generate an additional $5,000 in revenue for the Utility
Fund.
Approvals:
Brent Sherrod
Leonard Schneider
Aron Kulhavy
Kristy Doll
Page 34 of 108
Associated Information:
1. THIRD AMENDMENT TO THE OPTION TO PURCHASE AND AGREEMENT TO PURSUE WATER
SUPPLY (00396960-2xAB154)
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{00396960 2}
Third Amendment to the Option to Purchase and Agreement to Pursue Water Supply
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THIRD AMENDMENT TO THE OPTION TO PURCHASE
AND AGREEMENT TO PURSUE WATER SUPPLY
This is the Third Amendment ("Third Amendment") to the September 9, 2010 Option to
Purchase and Agreement to Pursue Water Supply ("2010 Option Agreement") between
Montgomery County Municipal Utility District No. 8 ("MUD 8") and Montgomery County
Municipal Utility District No. 9 ("MUD 9") on one hand, and the City of Huntsville ("City"), on
the other hand. The Effective Date of this Third Amendment is _________________, 20____.
References to the "Districts" are to MUD 8 and MUD 9, collectively. References to the
"Parties" are to the Districts and the City, collectively.
RECITALS
WHEREAS, the 2010 Option Agreement, and a Water Supply Agreement also entered between
the Parties on September 9, 2010, provide subject to stated terms that the City will make available
to the Districts, and the Districts have a right to purchase, the City's wastewater discharges;
WHEREAS, on August 15, 2011, the City filed an application with the Texas Commission on
Environmental Quality (the "TCEQ") to obtain an authorization to convey discharged water using
the bed and banks of the West Fork of the San Jacinto River and in Lake Conroe for the subsequent
diversion by the Districts at a point to be established by the Districts on Lake Conroe;
WHEREAS, the City of Houston ("Houston") and the San Jacinto River Authority ("SJRA"), who
jointly own Certificate of Adjudication No. 10-4963, as amended, for maintaining and operating
Lake Conroe, objected to the City's application;
WHEREAS, effective July 28, 2017, the Districts, the City, Houston, and SJRA entered into the
"Settlement Agreement Including Terms for Water Pass-Through, Water Commitment and
Encroachment" ("Settlement Agreement") to compromise the disputed claims and avoid litigation;
WHEREAS, as part of the Settlement Agreement, the City agreed to commit, to Houston and
SJRA, 21% of the quantity of water the City discharges to supply the Districts pursuant to the
Water Supply Agreement;
WHEREAS, to ensure there was no conflict between the 2010 Option Agreement and the
Settlement Agreement, the Parties agreed to amend the 2010 Option Agreement to reflect the City's
commitment of water to Houston and SJRA;
WHEREAS, recognizing that settling Houston's and SJRA's objections extended the time required
to obtain authorization from the TCEQ what the Parties anticipated when the 2010 Option
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Third Amendment to the Option to Purchase and Agreement to Pursue Water Supply
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Agreement was entered, the Parties entered into the First Amendment to the 2010 Option
Agreement (the "First Amendment") on March 6, 2018 to extend the period of time within which
the Districts may exercise the option to purchase the City's wastewater discharges;
WHEREAS, the Parties entered into the Second Amendment to the 2010 Option Agreement (the
"Second Amendment") on October 23, 2020 to extend the period of time within which the Districts
may exercise the option to purchase the City's wastewater discharges; and
WHEREAS, the Parties now recognize that it is to their mutual benefit to further extend the period
of time within which the Districts may exercise the option to purchase the City's wastewater
discharges and enter into this Third Amendment.
NOW, THEREFORE, pursuant to the general laws applicable to cities and municipal utility
districts, including Chapter 791, Texas Government Code, and Chapter 572, Texas Local
Government Code, and as otherwise authorized and permitted by the laws of the State of Texas;
for and in consideration of the covenants, conditions and undertakings hereinafter described, and
for further good and valuable consideration contained in the 2010 Option Agreement, the First
Amendment, the Water Supply Agreement, the Second Amendment and this Third Amendment,
and subject to each and every term and condition of these agreements, as amended, the Parties
agree to amend, modify and charge certain paragraphs of the 2010 Option Agreement as follows:
I. OPTION PERIOD EXTENDED
A. In consideration of the Districts' payment to the City in the sum of $100.00 ("Fee to Extend
Option") and other good and valuable consideration, paid on or before the Effective Date of this
Third Amendment, the City hereby extends all the rights granted to the Districts in the 2010 Option
Agreement, the First Amendment and the Second Amendment for an additional period of time
through midnight on January 31, 2025, as implemented below in Section II of this Third
Amendment.
B. The Districts also shall pay to the City $4,900.00 as a Subsequent Option Payment pursuant
to the provisions of the 2010 Option Agreement, the First Amendment and Second Amendment,
as hereby amended.
C. The payments provided for in this Section I shall be paid from current funds available to
the Districts in accordance with Chapter 791 of the Texas Government Code.
II. AMENDMENT OF 2010 OPTION AGREEMENT
A. Section 1.04, Independent Consideration for Option, shall be amended to read as follows:
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{00396960 2}
Third Amendment to the Option to Purchase and Agreement to Pursue Water Supply
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1.04 Independent Consideration for Option. This exclusive Option during the
Option Period is granted in consideration of the Districts' payments to the City in the sum of $100
("Option Fee") and $100 ("Fee to Extend Option") paid on the Effective Dates of this Option
Agreement and the Third Amendment to this Option Agreement, respectively. The Option Fee
and the Fee to Extend Option are independent consideration for the grant of the Option;
accordingly, the Option Fee and Fee to Extend Option shall not be applied to the Option Payments.
The Parties stipulate that the Option Fee and the Fee to Extend Option are sufficient consideration
for this Option Agreement, as amended.
B. Section 1.05, Option Period, shall be amended to read as follows:
1.05 Option Period. Unless terminated in accordance with Article 6 (Termination of
Option Agreement) of this Option Agreement or extended by written agreement of the Parties, the
Option shall commence on the Effective Date, and end at midnight on January 31, 2025.
C. Section 1.06, Option Payments, shall be amended by adding a new Subsection (f) to read
as follows:
(f) Notwithstanding Subsections (c) – (e) of this Section, and as provided in the Third
Amendment to this Option Agreement, the Districts also shall pay to the City $4,900.00 as
an additional Subsequent Option Payment. The Districts shall become obligated to pay the
Subsequent Option Payment provided for in this Subsection (f) within ten (10) days
following the Effective Date of the Third Amendment to this Option Agreement.
F. Notice of Change of Address. Notice pursuant to Section 8.01 (Notices) is hereby given
of the following changes for the Districts:
For Montgomery County Municipal Utility District No. 8:
Elliot M. Barner
Radcliffe Bobbitt Adams Polley PLLC
2929 Allen Parkway, Suite 3450
Houston, Texas 77019-7120
For Montgomery County Municipal Utility District No. 9:
Clark Stockton Lord
Bracewell LLP
711 Louisiana Street, Suite 2300
Houston, Texas 77002
G. All Other Terms Remain in Force and Effect. The Parties intend and agree that all other
terms and conditions in the 2010 Option Agreement not expressly amended by the First
Amendment, Second Amendment and this Third Amendment shall remain in full force and
effect. If there is a conflict between the terms and conditions of this Third Amendment,
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{00396960 2}
Third Amendment to the Option to Purchase and Agreement to Pursue Water Supply
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the 2010 Option Agreement, the First Amendment and the Second Amendment, the terms
and conditions of this Third Amendment control.
IN WITNESS WHEREOF, the Parties, who have had the opportunity to consult with their
attorney with respect hereto and who fully and completely understand the terms and provisions
hereof, have executed this Third Amendment on the dates indicated below.
[EXECUTION PAGE FOLLOWS]
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{00396960 2}
Third Amendment to the Option to Purchase and Agreement to Pursue Water Supply
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MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 8
BY: ___________________________________________________
President of the Board of Directors for MUD 8
DATE SIGNED: _______________________________________
ATTEST: _____________________________________________
Secretary of the Board of Directors for MUD 8
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
BY: ___________________________________________________
President of the Board of Directors for MUD 9
DATE SIGNED: _______________________________________
ATTEST: _____________________________________________
Secretary of the Board of Directors for MUD 9
CITY OF HUNTSVILLE, TEXAS
BY: ___________________________________________________
Andy Brauninger, Mayor of the City of Huntsville
DATE SIGNED: _______________________________________
ATTEST: _____________________________________________
City Secretary of the City of Huntsville
APPROVED AS TO FORM:
______________________________________
Leonard Schneider
City Attorney for the City of Huntsville, TX
Page 40 of 108
CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 2.a.
Agenda Item: Consider approving a Conditional Use Permit Application for the proposed expansion of a
self-storage facility located at 3404 Powell Road on Walker County Property ID#24094.
Initiating Department/Presenter: Development Services
Presenter:
Armon Irones, City Planner
Recommended Motion: Move to approve Conditional Use Permit Application 03-2022, allowing for the
expansion of a self-storage facility located at 3404 Powell Road on Walker County Property ID #24094, in
accordance with the conditions of the draft letter of approval as recommended by the Planning
Commission.
Strategic Initiative: Strategic Initiative Goal #3, Economic Development- To promote and enhance a
strong and diverse economy.
Discussion: On December 1, 2022, following a public hearing, the Planning Commission voted
unanimously to recommend approval of Conditional Use Permit 03-2022 as detailed in the attached
DRAFT Letter of Conditional Approval. This document places conditions on the proposed expansion of
the development to mitigate possible nuisance effects of the existing surrounding properties. The self-
storage facility is an existing business, and they want to expand by placing two additional buildings on
the site. The applicant has agreed to the conditions recommended by the Planning Commission. The
development will also be subject to all applicable provisions of the Development Code, Engineering
design criteria, and all other building codes.
During the public hearing portion of the Planning Commission meeting, no one spoke in favor or in
opposition of the development other than the applicant.
Planning staff received a phone call from a citizen that wanted more information about the proposed
project.
Previous Council Action: None
Financial Implications: There is no financial impact associated with this item.
Approvals:
Kevin Byal
Kristy Doll
Aron Kulhavy
Page 41 of 108
Associated Information:
1. CUP 03-2022 Application
2. CUP 03-2022 Discussion Form
3. DRAFT_CUP 03-2022_Approved Conditions Letter
4. CUP Vicinity map
Page 42 of 108
Page 43 of 108
1
PLANNING COMMISSION
AGENDA ITEM DISCUSSION FORM
Prepared by: Armon Irones, City Planner Layne Yeager, Planner
MEETING DATE: December 1, 2022
SUBJECT: Proposed Development of a Self-Storage Facility
TYPE OF REVIEW: Conditional Use Permit
APPLICANT: Adam Westover
LOCATION: 3404 Powell Road, Huntsville, TX 77340
FACTS, CODE REQUIREMENTS AND CONDITIONS
With the adoption of the updated Development Code, effective date of August 31,
2015, additional measures were placed in the code to protect the character and
growth of the City from potential nuisance land uses at the request of the Planning
Commission and City Council. The Development Code states that certain nuisance uses may be made appropriate through the additional scrutiny of a
Conditional Use Permit (CUP).
The applicant, Adam Westover, is proposing to expand an existing Self-Storage
Facility on property located at 3404 Powell Road. The subject property is
approximately 1.23 acres in size and is in the Management (M) District. The
applicant is wanting to build two buildings with a total of 74 climate control units
and it will be approximately 8,200 square feet.
The subject property is currently being used for Self-Storage and this Conditional
Use Permit will be an expansion of the existing business, Ace Self-Storage, on the
property. A Conditional Use Permit is needed because the business was in place
prior to the current Development Code being adopted, therefore the use was
grandfathered. Any expansion of the use requires a Conditional Use Permit.
Commercial properties are located to the North, South, and West of the subject
property and residential is located to the East. Water and sanitary sewer service
are available for the proposed development.
In the Huntsville Comprehensive Plan 2040 that was recently adopted by City
Council there are three (3) goals listed under Land Use and Development Goals.
Goal LUD 1: A land use allocation and pattern that supports Huntsville’s key
focuses of increasing quality housing supply, economic development opportunities, and quality of life, while maintaining its “small town” and semi-rural
feel.
Goal LUD 2: Revitalized high-profile corridors and continued focus on downtown,
providing increased retail and entertainment options within the city.
Goal LUD 3: Focused growth within the city, promoting fiscal sustainability
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2
Powell Road is a local street that has residential and commercial uses. To date, the City has not received any calls or emails from property owners that are within
300’ of the proposed development.
The attached Letter of Conditional Approval provides draft conditions that
would serve to mitigate possible nuisance effects of the development on surrounding properties. These conditions are intended to address noise, intrusive
lighting, maintenance, visual clutter, and parking concerns, etc.
CUP Process
The requirements for the review and approval of a Conditional Use Permit are
defined in Article 10: Development Review and Approval Procedures, Section
12.800 Conditional Uses, Development Code, effective date of August 31, 2015.
Simply stated the procedure for a Conditional Use Permit is as follows:
Planning staff review application and prepare report and staff recommendation for the Planning Commission prior to the public
hearing on the conditional use permit application.
Planning Commission must hold a public hearing on the proposed
conditional use. Commission must then act, by simple majority vote,
to recommend approval, approval with conditions, or denial of the
request and convey its recommendation to City Council. Final action on the conditional use permit is by City Council after receiving the Planning Commission recommendation on the matter.
City Council must hold a public hearing and then act to approve, approve the proposed amendment with conditions, or deny the
proposed conditional use. City Council may also remand the proposed
conditional use application to the Planning Commission for further consideration. The conditional use permit application may be
approved by simple majority.
There are additional provisions for lapses in, transferability of, and amendments to
approved Conditional Use Permits in the code. Please refer to Section 12.800 of
the Development Code for additional details.
In reviewing an application for a CUP, Section 12.808 of the Development Code
states the following:
No conditional use may be recommended for approval or approved unless
the respective review or decision-making body determines that evidence has been submitted to support each of the following conclusions:
•That the proposed use is consistent with the Comprehensive Plan.
•That adequate utilities, roads, drainage and other necessary infrastructure facilities and public services are or will be available to serve proposed use;
and
Page 45 of 108
3
•That the proposed use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or be injurious
to property values or improvements in the vicinity.
STAFF RECOMMENDATION
Powell Road is a local street and is lined with residential, retail, and commercial
uses. The subject site is an existing development with a low traffic volume and is
only adding two new buildings to the site.
Staff finds that the proposed use will not be detrimental to the health, safety, or
general welfare of persons residing or working in the vicinity greater than any other
use allowed by right in the Management Development District. Possible injurious
effects on surrounding property value may be mitigated by the conditions of approval included in the draft Letter of Conditional Approval because the proposed
conditions would provide sufficient improvements and buffering to create a safe
and attractive environment for continued development of Powell Road.
Due to this, staff recommends approval of the Conditional Use Permit, with the conditions outlined in the Letter of Conditional Approval.
ATTACHMENTS
o Application
o Site and floor plan
o Attached Letter of Conditional Approval
o Vicinity map by staff
Page 46 of 108
448 SH 75 N ˑ Huntsville, TX 77320‐1118 ˑ 936‐294‐5700 ˑ 936‐294‐5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
Huntsville
December 1, 2022
Adam Westover
85 Sage Sparrow Circle
Spring, TX 77389
Re: CUP Application for 3404 Powell Road, Huntsville, TX, 77340
Dear Mr. Westover,
In observation of the requirements of the City Development Code, the City of Huntsville City Council
consideration of Conditional Use Permit 03-2022 is subject to the following conditions:
I. General
A. The expansion of a self-service storage facility on the subject property, 3404 Powell
Road, Huntsville, TX, 77340 shall be allowed upon compliance with all applicable
requirements of the City of Huntsville Development Code and the Conditions of
Approval included in this letter.
B. The following plans are required to demonstrate that these conditions of approval have
been addressed. These plans may be submitted as a single application for a Commercial
Building Permit.
a. Landscaping Plan. Must show the location of all plantings and irrigation.
b. Photometric Lighting Plan. Any site lighting used on the property shall be
shielded and/or directed away from adjacent properties. Security lighting shall
not infringe on adjacent properties. Use of lowest wattage and highest energy
efficiency fixture available is required. Photometric light plan shall be
submitted to and approved by the City Building Official.
c. Master Sign Plan. The purpose of the master sign plan is to encourage the
effective use of signs as a means of identification and communication for
businesses in the City, to require proper sign maintenance, and to minimize the
possible adverse effects of signs on nearby public and private property. The
master sign plan shall include all proposed signs or sign locations for the entire
multiple-tenant development, including defined wall sign spaces for tenants
(tenant sign space), a monument sign or multi-tenant sign, directional signs, etc.
Page 1 of 3
C I T Y O F
Incorporated in 1845 under the Republic of Texas
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448 SH 75 N ˑ Huntsville, TX 77320‐1118 ˑ 936‐294‐5700 ˑ 936‐294‐5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
C. Self-Service Storage Use. For the two self-service storage buildings that are proposed
to be located on the front of the property, these buildings must be screened with some
form of landscaping, fencing, or a stone wall.
D. Access to the self-service Storage Facility. Access to the self-service storage facility
will only take place along Powell Road. No secondary access to the property will be
permitted.
II. Screening
A. Any outdoor storage of materials, including vehicles, must be screened from the public
Right-of-Way in a manner approved by the City Building Official.
B. In addition to the screening requirements found in Development Code Section 4.210,
no visible barbed wire, or other comparable material, will be allowed on fencing
in the 25ft front setback or along the property lines adjacent to Powell Road.
C. Existing security feet of 6 feet in height for the current self-storage facility can continue
to be used around the perimeter of the portion of the property where the self-service
storage use is occurring.
D. Any required perimeter screening or buffering shall be properly maintained and remain
in place for the duration of the use of the property as a self-service storage facility.
III. Landscaping
A. Enhanced landscaping is required to be installed around the perimeters of the proposed
new buildings.
B. All landscaping and irrigation shall be located on the subject property. Landscaping
installed for the purpose of screening the facility may not be located in the public Right-
of-Way.
Before implementing the improvements required and/or authorized by this Conditional Use
Permit, submission and approval of all permits, design drawings, proposed materials and
plantings require approval by the Building Official.
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Please make note of the following excerpt from the Development Code, Section 12.809 Lapse of
Approval.
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448 SH 75 N ˑ Huntsville, TX 77320‐1118 ˑ 936‐294‐5700 ˑ 936‐294‐5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
12.809.A An approved conditional use application will lapse and have no further effect
18 months after it is approved by the City Council, unless:
1. A building permit has been issued (if required);
2. A certificate of occupancy has been issued; or
3. The conditional use has been lawfully established.
12.809.B The City Council is authorized to extend the expiration period for good cause
on up to 2 separate occasions, by up to one year each. Requests for extensions
must be submitted to the City Planner and forwarded to the City Council for a
final decision.
12.809.C A conditional use also lapses upon revocation of a building permit or a
certificate of occupancy for violations of conditions of approval or upon
expiration of a building permit to carry out the work authorized by the
conditional use approval.
This letter is your authorization to proceed with the required permitting for the project. If we may be
of further service to you, please do not hesitate to contact us at 936-294-5781.
Respectfully,
Armon Irones
City Planner
Page 3 of 3
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Subject Property
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 11/21/2022
Vicinity MapHuntsville GIS Division
1 in = 100 ft
0 0.015 0.030.0075 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
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CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 2.b.
Agenda Item: Consider the purchase of FY2023 vehicles, from multiple vendors, authoring the City
Manager to execute associated contracts.
Initiating Department/Presenter: Public Works
Presenter:
Brent Sherrod, Public Works Director
Recommended Motion: Move to authorize the City Manager to purchase FY2023 vehicles from
multiple vendors, in the total amount of $660,449.50 to include all fees and authorize the City Manager
to execute associated contracts.
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: Each year, the City’s vehicle fleet is assessed by the Fleet Manager for normal maintenance
and overall condition. Each fleet asset is assigned an expected life condition, with police vehicles rated
on a 6-7-year life expectancy and general City fleet rated on 12-year life expectancy. These assessments
formulate the Fleet Replacement Schedule for each subject budget year and has yielded (15)
replacement vehicles for FY 2023. The vehicle requirements for FY 2023 are denoted on the attached
Vehicle Purchase Summary spreadsheet, and include:
Five (5) Chevrolet 1500 2WD Double Cab pickups for (1) Building Inspections/Decision Pkg, (1)
Engineering/Decision Pkg, (1) Economic Development/Decision Pkg, (1) Building Maintenance
and (1) Solid Waste from Lake Country Chevrolet.
One (1) Chevrolet 3500 2WD Crew Cab DRW, LWB with service bed and ladder rack for Water
from Caldwell Chevrolet.
One (1) Chevrolet 2500 2WD Regular Cab SRW, LWB with service bed and ladder rack for Water
from Caldwell Chevrolet.
One (1) Chevy Traverse for CID from Lake Country Chevrolet.
Seven (7) Ford Explorer Police Package SUVs (5) for HPD Patrol, (1) for HPD Patrol/Decision Pkg,
(1) for School Resource Officer (SRO) from Silsbee Ford.
City staff utilized sealed bid proposals for FY 2023 Vehicle Purchase to achieve optimal results at a
competitive price. Multiple local vendors were invited to bid, along with the invitation to bid being
advertised as required. One (1) bid, Ford of Boerne, was received and opened on November 30, 2022. In
addition to sealed bids, staff obtained vehicle pricing worksheets from (4) regional cooperative contract
award holders to assure competitive and advantageous pricing for the City’s vehicle requirements.
Page 51 of 108
The Buy Board / TIPS cooperative contract programs have historically afforded Texas municipalities a
sound purchasing position given the competitive vehicle pricing available under the program. This
cooperative contract meets all requirements of Texas Local Government Code 252 pursuant to
competitive bidding by Texas municipalities. Fleet and Purchasing staff have evaluated the vehicle
pricing worksheets received to determine (from between Ford and Chevrolet) the best value to the City
when considering price, critical options/equipment availability and cost, and warranty coverage/term
and recommend award base on bid tabulation sheet.
The costs for replacing the Police Patrol Vehicles has risen significantly in the last couple of years. The
scheduled replacement of 8 of the vehicles in the 22-23 fiscal year is approximately $70,000 more than
what was originally budgeted for their purchase. Additionally, replacement of 3 work trucks for various
departments is about $7,100 over budget. With the auction of vehicles and other equipment in FY 22-
23, $170,000 of additional money was added to the Fund. Of this $170,000 around $90,000 to $100,000
can be attributed to the auction of police vehicles and other equipment from the General Fund.
Approval of the budget amendment associated with this item will provide the necessary budget for use
to be able to enter into the contracts for the purchase of FY2023 vehicles.
Previous Council Action: None
Financial Implications: Item is budgeted: 306-379-69040 In the amount of $ $660,449.50
(Includes Buy board Fees)
Approvals:
Brent Sherrod
Leonard Schneider
Aron Kulhavy
Kristy Doll
Associated Information:
1. 2023 Vehicle Purchase Report
Page 52 of 108
2023 Vehicle Purchase Lake Country Silsbee Caldwell Ford of
Budget Chevrolet Fleet Group Ford Chevrolet Boerne Over/Under Total
Cost Cost Cost Cost Budget
DP 101- 717 Double cab 1500 2WD $36,500.00 $35,841.00 $-$38,330.00 $-$659.00 $35,841.00
DP 101-724 Double cab 1500 2WD $36,201.00 $35,841.00 $-$38,330.00 $-$360.00 $35,841.00
DP 663-882 Double cab 1500 2WD $36,201.00 $35,841.00 $-$38,330.00 $-$360.00 $35,841.00
220-362-1353 Crew Cab 3500 2WD DRW, LWB w/service bed $60,000.00 $-$-$61,370.00 $65,500.00 $(1,370.00)$61,370.00
220-362-498 Reg Cab 2500 2WD SRW, LWB w/service Bed $54,000.00 $-$-$53,535.00 $55,500.00 $465.00 $53,535.00
224-373-1143 Double cab 1500 2WD $33,000.00 $35,841.00 $-$37,420.00 $-$(2,841.00)$35,841.00
101-444-1145 Double cab 1500 2WD $33,000.00 $35,841.00 $-$37,420.00 $-$(2,841.00)$35,841.00
101-551-1319 Chevy Traverse CID $33,174.00 $32,790.00 $-$-$-$384.00 $32,790.00
101-551-1350 Ford Explorer PPV $37,500.00 $-$47,478.50 $-$-$(9,978.50)$47,478.50
101-551-1701 Ford Explorer PPV $37,500.00 $-$47,478.50 $-$-$(9,978.50)$47,478.50
101-551-1702 Ford Explorer PPV $37,500.00 $-$47,478.50 $-$-$(9,978.50)$47,478.50
101-551-1703 Ford Explorer PPV $37,500.00 $-$47,478.50 $-$-$(9,978.50)$47,478.50
101-551-1704 Ford Explorer PPV $37,500.00 $-$47,478.50 $-$-$(9,978.50)$47,478.50
101-555-1315 Ford Explorer PPV $37,500.00 $-$47,478.50 $-$-$(9,978.50)$47,478.50
DP 101-551 Ford Explorer PPV $38,000.00 $-$47,478.50 $-$-$(9,478.50)$47,478.50
$585,076.00 $211,995.00 $332,349.50 $114,905.00 $(74,173.50) Vehicle Total
Budget Number Buy Board /TIPS Fee $1,200.00 $659,249.50
Perferred Vender Over Budget $(75,373.50)
Total cost
Vender Vehicle Total $659,249.50
Buy Board/TIPS Fee Buy Board Fee $1,200.00
Vehicle Total Budget Number $585,076.00
Decision Package Total Cost $660,449.50
Under Budget/Over Budget
Page 53 of 108
CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 2.c.
Agenda Item: Consider approval of a Public Improvement District (PID) policy.
Initiating Department/Presenter: Development Services
Presenter:
Kevin Byal, Director of Development Services
Recommended Motion: Move to accept the City of Huntsville Public Improvement District policy.
Strategic Initiative: Goal #3, Economic Development – Promote and enhance a strong and diverse
economy.
Discussion: With infrastructure construction costs increasing and developers looking for alternatives to
reduce their bottom line, Public Improvement Districts (PIDs) are becoming a more common funding
mechanism for underwriting the infrastructure costs in new developments.
As discussed at previous council meetings, Texas law provides a number of ways to finance needed
public improvements, including the use of special assessments. The Public Improvement District
Assessment Act allows cities to levy and collect special assessments on property that is within the
boundaries of the PID. The statute authorizing the creation of PIDs is found in Chapter 372 of the Local
Government Code. In addition to construction of water, wastewater, storm drainage improvements and
roads, a public improvement district may be formed to accomplish many other improvements that
benefit the property owners within the PID boundaries.
Creating a PID has many steps and requirements to complete the process. Moving forward, this policy
establishes clear guidelines for staff as well as developers contemplating requests to the City Council
asking for approval of this type of funding.
Previous Council Action: Council has previously approved one PID in Huntsville. No action has been
taken on this specific policy.
Financial Implications: None associated with the adoption of the policy.
Approvals:
Kevin Byal
Kristy Doll
Aron Kulhavy
Associated Information:
Page 54 of 108
1. Huntsville PID Policy_Draft
Page 55 of 108
Public Improvement District Policy
A Public Improvement District (“PID”) in accordance with Texas Local Government Code Chapter 372 (“Act”), provides the City of Huntsville
(“City”) an economic development and community enhancement tool that finances the costs of qualified public improvements that confer a special
benefit for a definable part of the City and/or its extraterritorial jurisdiction. Proceeds from assessments and/or PID bonds can be used to finance
capital costs of public improvements or enhancements of public improvements which would not otherwise be constructed or provided. PIDs allow
the costs of public improvements to be borne by those who receive special benefits from the improvements or services. Proceeds of PID bonds
may only be used to pay for public improvements that will ultimately be owned and controlled by the City. Proceeds from assessments may also
be used for special supplemental services for improvement and promotion of the PID, including maintenance of PID projects.
A PID is comprised of a defined area of properties whose owners have petitioned the City to form a PID. The City Council creates a PID by
adoption of a resolution after a public hearing. Notice of the public hearing must be published and mailed to all property owners in the proposed
PID, as required by the Act. In the petition, the property owners request the City to levy assessments on property within the PID in order to fund
enhanced services and/or improvements within the PID. The PID must demonstrate that it confers a special benefit to the property within the PID
and promotes the interests of the City.
The purpose of this policy is to outline the policies and procedures the City will use to consider whether creation of a PID, the levy of PID
assessments, issuance of PID bonds, information disclosure to property owners, and determination of annual plans, budgets, and assessments are
in the best interests of the City. This policy outlines the items needed to be addressed by the property owners seeking the creation of a PID
(“Petitioner”) before the City Council can support the authorization of the PID. Any requests for adjustments, exceptions, or waivers to this policy
must be reviewed and approved by the City Council of the City of Huntsville.
General
1. A PID may be created and utilized to construct qualified public improvements and/or reimburse a developer's actual and documented
costs of standard infrastructure with a strong preference for promoting enhanced infrastructure and improvements to serve the
development.
2. Proceeds of PID bonds cannot be used to reimburse costs incurred prior to the twentieth (20th) day after such resolution is adopted.
3. PIDs must be self-sufficient and fund any costs incurred by the City associated with the formation of the PID, bond issuance costs,
PID administration, the construction of PID improvements and other PID related costs.
4. Priority will be given to PID developments which:
a. Generate economic and superior development benefits to the City beyond what normal development would generate.
b. PIDs created with the support of 100% of the landowners within a PID.
c. Provide for improvements in the public right of way (e.g., entryways. landscaping, fountains, specialty lighting, art, decorative
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and landscaped streets and sidewalks, bike lanes, multi-use trails, signage).
d. Meet community needs (e.g., enhanced drainage improvements, parks and off- street public parking facilities, pedestrian
connectivity, wastewater and/or water on or off-site improvements) including without limitation development’s pro-rata share
of the of regional public facilities and services
e. Increase or enhance City's multimodal transportation and roadway plans
f. Exceed development requirements of the City; in particular, enhanced architectural standards, enhanced landscaping,
enhanced amenities, and provide for superior design of lots or buildings
g. Protect and preserve natural amenities and environmental assets such as lakes, trees, creeks, ponds, floodplains, slopes,
hills, and wildlife habitats
h. Protect and preserve existing historical buildings, features or places and preserve the community amenities or features that
would otherwise be a special benefit to the community
i. Does not overlap the boundaries of another PID
j. Aligns with the City’s growth and development goals
5. A PID's budget shall include sufficient funds to pay for all costs including but not limited to all administrative and/or operational
costs associated with the administration, management, audit, disclosure and reporting of the PID.
6. Any requested adjustments and or deviations from the terms and conditions of the City's PID Policy shall be clearly requested and
explained in, or submitted prior to or with, the PID petition for that PID. Any adjustments or deviations to be granted shall be at the
sole discretion of the City Council.
7. The developer shall be responsible to prepay all assessments on property owned by the City of Huntsville, Huntsville ISD, and/or
Walker County that are located in the boundaries of the PID
8. Developers may be required to pay the assessments for land located in a PID owned by a religious institution.
9. The City reserves the right and shall select and retain the services, at it’s sole discretion, of any professionals and/or consultants in
association with the creation and administering of the PID including but not limited to financial advisor, bond counsel, underwriter,
trustee, PID administrator, and appraiser.
10. The City Council will not take any action to commence the creation of a PID or other related development district prior to the approval
of a final development agreement governing the development in question.
Petition Requirements
Petitions requesting creation of a PID must satisfy all statutory requirements under Chapter 372 of the Texas Local Government Code.
The City may require:
1. Evidence that signatures of property owners were gathered not more than six months preceding the submittal of the petition
2. Evidence that the petitioner’s signatures meet the state law requirements, or the petition will be accompanied by a reasonable fee to
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cover the City’s costs of signature verification
In addition, the City may require that the petition set forth the following:
1. The maximum term of a PID assessment
2. Minimum appraised value to lien ratio
3. Maximum maturity of PID bonds
4. Maximum equivalent tax rate
Development Agreement
The City Council will not take any action to commence the creation of a PID or other related development district prior to the approval of a final
development agreement governing the development in question.
The following shall be provided to the City prior to the preparation of a development agreement:
1. The basic terms and conditions for creation of the PID, including the provision of special conferred benefit
2. Indication of the estimated costs of proposed improvements, maximum assessment, maximum bond issuance, and maximum tax
equivalent rate (in dollars, $)
3. A section that clearly identifies the benefit of the PID to the affected property owners and to the City as a whole
4. The petitioner’s qualifications and previous experience with real estate development, financing of the development, prior PIDs, etc.
5. A legal description of the boundaries of the proposed PID, a map of the proposed PID boundaries that is suitable for publication for
the legal notices, and a “commonly known” description of the area to be included in the PID
6. Description of all City-owned land within the PID as well as its proposed share of project costs
7. A current tax roll of owners in the PID
8. Any plan for phasing of both real estate development supported by the PID and construction of public improvements in the PID
including a breakdown between major improvements serving large areas of or the entire PID vs. phase-specific direct improvements
9. A sunset clause, and a pre-executed petition to dissolve the PID by the landowner in case the project has not obtained development
permits within three (3) years
10. Agreement by all property owners that upon approval of a PID located in whole or in part outside the City’s corporate limits, the
boundaries of the PID will be immediately annexed into the City of Huntsville, or under terms of a development agreement.
Fees and Professional Services Reimbursement Agreement
If the City determines it is in its best interest to establish a PID, a Professional Services Agreement will be entered into with the developer. The
Professional Services Agreement will require the developer to initially deposit funds in the amount of $50,000 to pay for city staff time and third-
party consultants including, but not limited to, Legal and Bond Counsel, Financial Advisor, PID Consultant/Administrator, Trustee, Underwriter,
Appraiser, and Market Study Analysts. An additional $25,000 deposit will be required to be deposited by the developer when the deposit balance
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reaches $10,000. Certain unused balances will be returned to the developer. The developer will be eligible to be reimbursed these costs through
bond proceeds or PID Assessments as applicable. The amounts required to be paid in this paragraph are in addition to administrative costs
associated with the PID, cost of bond issuance, and the PID fee referenced below.
In addition to the amounts set forth above, a PID fee may be required to be paid to the City at bond closing, subject to the terms of the Development
Agreement.
Development Standards
The City will consider petitions for PID projects that support real estate developments which confer benefits to the City to a degree that is
superior to benefits typically generated by projects that do not involve PID financing.
1. The project must include improvements that enhance or implement the City’s Comprehensive Plan, including the City’s thoroughfare
plan and water and wastewater plans and advance the City’s trail and park plans.
2. In addition to other public improvements, any improvements that are offsite or are part of the City’s Capital Improvement Plans must
obtain approval from the City Engineer prior to being included in the PID.
3. Preference will be given to high quality projects that exceed the City’s subdivision requirements for overall design, building standards
and amenities with enhanced landscaping and appealing architecture throughout.
4. Preference will be given to mixed use projects that include a mix of residential, retail and commercial uses.
5. Preference will be given to projects that promote affordable housing.
City Consultants
The City will independently select Bond Counsel, Financial Advisor, PID Administrator, Trustee, Market Study Analyst, Underwriter and
Appraiser. The City’s PID Administrator will draft the Service and Assessment Plan (“SAP”) and prepare all annual updates.
Collection of Assessments
Prior to the levy of assessments, the City will enter into an agreement with Walker County Appraisal District to include the annual PID assessment
payments on the Walker County Tax Bill.
Maximum Assessment
The annual PID installment shall not exceed an amount that increases the expected total tax equivalent rate (TRE) upon buildout that will place
the development within a competitive TRE. A true-up calculation is included in the City’s SAP and upon filing of a final plat will ensure that the
maximum assessment per Lot Type, as defined in the SAP, is not exceeded, and which may result in a mandatory prepayment from the developer.
PID Bond Issuance Requirements
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In addition to other conditions set forth in a development agreement, the following performance standards and limitations shall apply to PID debt
issues approved by the City:
1. The maximum term of an assessment for the PID or a discrete component thereof, as defined in the SAP, is not to exceed 30 years and
the assessment term must equal the applicable bond term
2. Minimum appraised value to assessment lien ratio of 3:1 for the PID or a discrete component thereof, as defined in the SAP
3. No annual assessment increases once assessments are levied. Assessments for future phases will require to be competitive as deemed by
the City, to the original Phase and Lot Type(s) as defined in the SAP
4. Maximum of 2 years of capitalized interest for each bond issue
5. Initial series of PID bonds must mature or expire no later than 30 years after being issued by the City, with the subsequent series of PID
Bonds, if any, having the same maturity date of the initial series of PID Bonds
6. All improvements to be funded with PID bonds must be reviewed by the City Engineer or designee, and inspected by the City Inspector,
or third-party qualified designee, and built to the City’s standards for public improvements prior to dedication and reimbursement
7. Developer is required to demonstrate committed capital in the form of cash deposit, proof of bank financing and/or equity capital, or letter
of credit to the City with an amount confirmed by an engineer’s opinion of probable cost, which represents the difference between budgeted
cost to complete the public improvements assumed to be completed, including private costs to reach final lot values as established in the
appraisal and the net proceeds of the PID bonds. The form of committed capital (cash deposit, letter of credit or bank/equity commitment)
will be determined by the City on a case-by-case basis on advice from its Financial Advisor.
8. The aggregate principal amount of bonds required to be issued shall not exceed an amount sufficient to fund:
(i) The actual costs of the qualified public improvements benefitting the PID or a discrete component thereof, as defined in
the SAP,
(ii) required reserves and capitalized interest during the period of construction and not more than 12 months after the
completion of construction and in no event for a period greater than 2 years from the date of the initial delivery of the
bonds, and
(iii) any costs of issuance. Provided, however that to the extent the law(s) which limit the period of capitalized interest to 12
months after completion of construction change, the foregoing limitation may be adjusted to reflect the law(s) in effect at
the time of future bond issuances.
9. No bond issuance may occur after the expiration of five years after a PID is created if during said five-year period no assessments have
been levied for such PID or no development has occurred within the PID; provided, however, this provision shall not apply if the City
Council makes written findings that the passage of time without active development should not result in reevaluation of marketability,
compatibility with surrounding land uses, and/or other relevant factors.
Finance Limitations
1. A developer or landowner may request the issuance of PID bonds in advance of construction of an individual phase of a development
subject to compliance with these standards. All such PID bond issues will be subject to approval of the City Council.
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2. No General Obligation Bonds or Certificates of Obligation bonds will be utilized by the City to directly or indirectly pay, or guarantee
payment of, PID bonds.
3. If in any calendar year the City issues bonds that would constitute a bank qualified debt issuance but for the issuance of the PID bonds,
then the developer shall pay to the City a fee to compensate the City for the interest savings the City would have achieved had the debt
issued by the City been bank qualified provided that all other developers or owners benefitting from the City issuing debt are similarly
burdened with an obligation to compensate the City.
4. All PID bond issues, if any, will be subject to approval by the City Council.
5. If the City Council authorizes the issuance of PID bonds, the City shall issue all such PID bonds in accordance with the protocols and
procedures adhered to by the City's Director of Finance for issuing long-term debt instruments including tax notes and bonds.
6. Special assessments on any given portion of the property may be adjusted in connection with subsequent bond issues as long as an
agreed-upon maximum annual assessment rate is not exceeded, and the special assessments are determined in accordance with the
SAP and the PID Act. Special assessments on any portion of the property will bear a direct proportionate relationship to the special
benefit of the public improvements to that improvement area. In no case will the maximum assessment be increased for any parcel
unless the property owner of the parcel consents to the increased assessment.
7. The City shall not be obligated to provide any funds for any improvement except from the proceeds of the PID bonds and PID
assessments.
8. The City's cost of reviewing a developer payment request from PID bond proceeds, including City staff time and third-party consultant
costs, shall be netted out of the amount paid to the developer.
9. Each PID bond indenture will clearly state that all debt service payments for the PID bonds shall be payable solely from and secured
by the pledged assessments levied against properties within the PID or funds held under a bond indenture for such purposes, and that
the City will have no obligation to make debt service payments for the PID bonds from any other sources.
10. A PID will be responsible for payment of all the City's reasonable and customary costs and expenses including the cost of any
appraisal.
11. Improvements funded with PID proceeds will be exempt from any public bidding or other purchasing and procurement policies per
Texas Local Government Code Section 252.022(a)(9) which states that a project is exempt from such requirements if "paving
drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through
special assessments levied on property that will benefit from the improvements."
12. Any new money PID bonds issued will include a Reserve Fund, funded from bond proceeds at the time bonds are issued, in an amount
equal to the lesser of:
(i) the maximum annual debt service on the bonds,
(ii) 10 percent of the principal amount of the PID bonds, or
(iii) 125 percent of the average annual debt service.
13. Pursuant to the PID Act, the interest rate for assessments may exceed the interest rate of the bonds by no more than one half of one
percent (0.50%). The City may allocate up to 0.50% of the interest rate component to fund a delinquency reserve, prepayment reserve,
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or for any other purpose authorized by the PID Act subject to the terms of the Development Agreement.
14. All developers and significant landowners will provide any required continuing disclosure obligations associated with the issuance of
PID bonds as required under the respective bond indenture or any other regulatory agreement or regulatory agency. Failure to abide by
continuing disclosure requirements may limit access to proceeds and/or future bond issues.
15. Developer is required to demonstrate committed capital (e.g., cash deposit, proof of bank financing, or letter of credit) to the City on
or prior to the sale date of the PID bonds in an amount confirmed by an engineer's estimate of probable cost, which represents the
difference between the budgeted cost to complete the public improvements assumed to be complete in the appraisal and the net
proceeds of the PID bonds.
16. During a material event of default by the developer under the terms of any agreement between the developer and the City relating to
the PID or the property within the PID, the City shall, after providing notice and opportunity to cure, have the right to recapture
reimbursements and/or terminate its obligations to the developer.
17. All construction of improvements is subject to City review and approval and if applicable, provisions shall be made for dedication to
City or to another appropriate entity.
18. Improvements to be funded by the PID are limited to those defined as Authorized Improvements under Texas Local Government Code
Section 372.003(b)
19. Any trails, parks, streets or other public amenities that are located within a gated community or otherwise inaccessible location to the
general public may not be funded or reimbursed by the PID.
20. Parks and trails may be dedicated to the City at the City’s discretion.
21. All roads must be within dedicated rights-of-ways that are conveyed to either the State, City or to the County government, as
appropriate.
22. In any calendar year in which PID bonds are issued, a developer must pay the City its actual additional costs, if any, the City incurs in
the issuance of its own public securities or obligations on its own taxing power of municipal revenues if the City Obligations are
deemed not to qualify for the designation of qualified tax-exempt obligations as defined in section 265(b)(3) of the Internal Revenue
Code as amended, as a result of the issuance of PID bonds by the City in any given year.
Disclosure to Homeowners
To provide disclosure to homeowners, the City will require the petitioner to comply with the following:
1. Execute a Landowner’s Agreement or similar agreement to be recorded in the official public records of Walker County.
2. Signage at major entryways and exits.
3. Signage and information flyers in any sales centers within the PID that include:
a. Frequently Asked Questions
b. Total Assessment
c. Average Annual Installment
d. Equivalent Tax Rate
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4. Homebuyer disclosure documents, as approved by the City, in accordance with Section 5.014 of the Texas Property Code to be signed
both at contract signing and at closing with such agreements maintained on file by each homebuilder and available for inspection by the
City.
5. Developer contracts with homebuilders must require the homebuilder to disclose the PID on any MLS listing.
Project Criteria
In agreeing to create a PID for which debt will be issued to fund the costs of constructing eligible public improvements, the City will
require the following:
1. The property owner must demonstrate to the City that it has the expertise to complete the new development that the PID
will support.
2. The property owner must provide the City with its sources of funding the Public Improvements not being funded by the PID.
3. The proposed development must be consistent with the entitlements on the property. All required zoning, easements for off-site
infrastructure, other required land use approvals or other required permits must be in place for the development prior to the issuance of
any PID bonds.
4. The property owner must provide evidence to the City that the utility service provider has sufficient capacity to provide all
necessary utility services.
5. All reasonable estimated costs must be identified before a decision is reached on a request to issue bonds for a PID. Costs to be
identified include costs related to creating the PID; costs for construction and/or the acquisition of improvements, the maintenance and
operation of improvements (if any) and PID administrative costs. A developer is solely responsible for cost overruns that exceed
available PID bond proceeds.
6. If the City elects to hire a qualified third party PID administrator to administer the PID, the costs for such administration shall be paid
for with PID funds. The PID administrator will be required to prepare the SAP, review and comment on all information provided by
the developer, at the direction of the City attend any public hearing regarding the levy of assessments, as well as provide the Annual
SAP update and present to Council for approval.
7. The PID Financing Agreement (or other applicable PID documentation) shall contain a section which clearly identifies the benefit of
the PID to the affected property owners and to the City as a whole (i.e., public purpose) and evidence of insurance policies with
coverages and amounts acceptable to the City.
8. The SAP shall describe, if applicable, all City-owned land within the PID as well as its proposed share of project costs.
9. Specified assurances that the construction of improvements in the public right-of-way will be dedicated to and maintained by the City
after PID assessments have expired. For the life of the PID, public infrastructure will be maintained by the PID to the extent permitted
under the Act, unless otherwise stated in the PID Financing Agreement (or other applicable PID documentation).
The PID may not finance improvements or services within a gated community or that are not accessible to the general public.
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PID Administration
The City may contract with a qualified third-party company to manage and administer the PID, subject to appropriate oversight by City
staff and in compliance with the Act, as amended.
Developer Reimbursement
The developer will submit expenses for reimbursements, subject to the SAP and the approved Disbursement Certification Form attached
to the Construction Funding Agreement or other Financing or Reimbursement Agreement and submit to the City or PID Administrator as
directed.
Miscellaneous
1. This PID policy does not bind the City Council to approve, authorize or create a PID or take any related action. PID creation, PID
bond issuance and all related matters are legislative acts solely with the discretion of the City Council.
2. Any requests for adjustments, exceptions, or waivers to this policy must be reviewed and approved by the City of Huntsville.
3. No public official or employee shall be personally responsible for any liability arising under or growing out of any approved PID. Any
obligation or liability of the developer whatsoever that may arise at any time under the approved PID or any obligation or liability
which may be incurred by the developer pursuant to any other instrument, transaction or undertaking as a result of the PID shall be
satisfied out of the assets of the developer only and the City shall have no liability. on other developers.
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CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 3.a.
Agenda Item: Consider the appointments to the City of Huntsville Boards and Commissions for expired
terms or vacant board positions.
Initiating Department/Presenter: City Council
Presenter:
Andy Brauninger, Mayor
Recommended Motion: Move to appoint the Board and Commission members as presented.
Strategic Initiative: Goal #5, Resource Development - Enhance the quality of life for citizens, businesses
and visitors by leveraging the human and fiscal resources available to the community.
Discussion: Please see the attached list for appointments or reappointments to the following City of
Huntsville Boards and Commissions: Art Commission, Housing Authority, Main Street Program Advisory
Board, Parks and Recreation Advisory Board, Planning Commission, Tourism Advisory Board, and
Veterans Affairs Advisory Board. The positions on these Boards and Commissions are either expiring on
August 31, 2022, or are vacant and need to be filled.
Previous Council Action:
Financial Implications: None
Approvals:
Aron Kulhavy
Kristy Doll
Associated Information:
1. BOARD VACANCIES TO FILL-12-2022
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BOARD NAME SEAT #APPOINT/
REAPPOINT
BOARD
MEMBER
TERM
EXPIRES
BOARD OF ADJUSTMENTS
1 Reappoint Nate Grigsby 08/31/2024
2 Reappoint Cheryl Reader 08/31/2024
3 Reappoint Michelle Spencer 08/31/2024
5
(from Alternate
to Member seat)
Appoint Elliott Herzlich 08/31/2023
7
(Alternate B)Appoint Tracy Richardson 08/31/2023
CEMETARY ADVISORY BOARD
2 Appoint Steph Morgan 08/31/2024
8 Appoint Ronnie Duck 08/31/2024
PARKS AND RECREATION ADVISORY BOARD
11 Reappoint Derrick Birdsall 08/31/2025
TOURISM ADVISORY BOARD
4 Appoint Jack Turner 08/31/2025
9 Appoint Sally Hosea 08/31/2024
VETERANS AFFAIRS ADVISORY BOARD
11 Appoint Johsua Adcock 08/31/2024
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CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 3.b.
Agenda Item: Consider authorizing the City Manager to enter into an agreement with Library Systems &
Services, LLC, for the management and operations of the Huntsville Public Library.
Initiating Department/Presenter: City Manager
Presenter:
Aron Kulhavy, City Manager
Recommended Motion: Move to authorize the City Manager to enter into an agreement with LS&S for
management and operations of the Huntsville Public Library.
Strategic Initiative: Goal #5 - Resource Development - Enhance the quality of life for citizens, businesses
and visitors by leveraging the human and fiscal resources available to the community.
Discussion: Library Systems & Services (LS&S) is an agency that assists communities with their library
management and operations. They have over 40 years of experience working with libraries across the
United States to efficiently improve day to day operations while also improving customer service and
relations. The company employs nearly 1,000 people and operates facilities throughout the United
States, including Farmers Branch, Red Oak, and Wilmer, Texas. LS&S is the only vendor that provides
the complete management of library operations and analytics, collection management, and back office
management for the library operations. Entering into the agreement with LS&S allows the Huntsville
Public Library access to an already established network of library professionals with years of experience
that can serve to assist the current staff members. They will assist with collection development and
programming that meets the needs of the community.
The unique public-private partnership model with LS&S means community leaders will continue to
control policy, direction, and assets while LS&S employs personnel and manages day to day operations.
The City Council will maintain the authority to appoint the members of the Library Board, and approve
policies in accordance with adopted ordinances. LS&S will evaluate the library’s current operational
procedures and follow up with support and training to the employees to further enhance the library
services once the agreement is executed.
Should the City decide to enter into a contract with the professionals from LS&S services, the
responsibility of management and staffing of the library would transfer from the City to LS&S. At the
time of the effective date of the contract, anticipated to be by the end of January 2023 if approved, the
library staff will no longer be employees of the City of Huntsville. LS&S has expressed interest in
retaining current employees and they will have an opportunity to potentially work for them, at the
discretion of LS&S. The employees will also have an opportunity for employment within the City for
which they are qualified.
Staff reached out to other communities regarding their experience with LS&S and received all positive
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comments. There were consistent remarks on two major components: customer service and collection
development. References stated that partnering with LS&S increased their level of customer service.
References also stated that collection development, once very time consuming, was a more streamlined
process with LS&S and no longer exhausted much of staff members’ time.
In summary, the partnership with LS&S will reduce the cost of library operations, enhance library
services, increase efficiency across library operations, focus on patron and community service, leverage
library experts and dedicated support for back office functions, and implement library industry best
practices while at the same time allowing the City to maintain control of the assets and strategic
direction of the Huntsville Public Library.
Previous Council Action: No previous council action taken
Financial Implications: The current departmental budget for the library is $711,805. The proposed
management fee for the operations of the library is $545,000 plus the addition of $45,050 for collection
acquisition, for a total cost of $590,050 in the first year of operations. Under the agreement, the annual
increase for the duration of the 10-year contract is limited to 3%. After allowances for additional funds
for utilities and building maintenance, it is estimated that the City will reduce the cost of running the
library by about 10%. The estimated savings to the City over the duration of the contract is projected to
be more than $750,000.
Should the contract be approved, a budget amendment will be provided for future Council consideration
to reallocate the funding within the departmental budget chiefly moving monies from salary and
benefits to contractual services.
Approvals:
Leonard Schneider
Aron Kulhavy
Kristy Doll
Associated Information:
1. Proposal for Library Services
2. Library Service Agreement - City of Huntsville DRAFT Final
3. LS&S Sole Source Letter - City of Huntsville
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LIBRARY SERVICE DELIVERY AGREEMENT
This LIBRARY SERVICE DELIVERY AGREEMENT (“Agreement”) is made as of the
day of , 2022 between: LIBRARY SYSTEMS & SERVICES, LLC, a Maryland limited liability
company with a mailing address at 2600 Tower Oaks Drive, Rockville, Maryland 20852 (“LS&S”); and
THE CITY OF HUNTSVILLE, with a mailing address at 1212 Avenue M, Huntsville, TX 77340
(“Customer”). LS&S and Customer are each sometimes referred to herein as a “Party” and collectively,
the “Parties”.
The Parties agree as follows:
1. Services and Goods.
(a) Services. During the term of this Agreement, LS&S will use commercially reasonable
efforts to provide the labor and administrative services described on Schedule A (collectively,
“Services”). The attached exhibits A thru C are part of the Agreement.
(b) Provision of Goods. LS&S may purchase goods (“Goods”) for use in the management and
operation of the Library (as defined below). At LS&S’s sole discretion, LS&S may select the
sources of the Goods. Title to all items purchased by LS&S shall at all times reside in
Customer. If LS&S furnishes any goods to Customer, LS&S will use good faith efforts to
extend the manufacturer’s warranty, if any, to Customer.
2. Term and Termination.
(a) Term. This Agreement shall be in effect for a period of ten (10) years commencing on
, 2022 (“Effective Date”), and continues in force until , 2032
(“Expiration Date”), unless sooner terminated in accordance with this Section 2.
(b) Termination for Default. If either Party breaches any material provision of this Agreement,
including, but not limited to provision of Services and Staffing and fails to correct the breach
within thirty (30) days after receiving written notice specifying the breach (or, if the breach
cannot be corrected within thirty (30) days, fails to progress diligently towards correction), then
the other Party may terminate this Agreement by giving written notice to the breaching Party,
except that LS&S shall have the right to terminate this Agreement if Customer fails to pay any
amount due LS&S and such failure continues for ten (10) days after written notice thereof.
(c) Renewal. Subject to the termination provisions in accordance with this Section 2, this
Agreement shall automatically renew and the Expiration Date extended for successive renewal
periods equal to five years, unless written notice of intent to not renew is given by a Party at
least six (6) calendar months prior to the Expiration Date.
(d) Effect of Termination. Upon any termination of this Agreement, each Party shall (i)
immediately discontinue all use of the other Party’s Confidential Information; (ii) delete the
other Party’s Confidential Information from its computer storage or any other media, including,
but not limited to, online and off-line libraries, subject to the Texas Public Information Act;
(iii) shall return to the other Party or, at the other Party’s option, destroy, all copies of such
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other Party’s Confidential Information then in its possession (including the Documentation);
and (iv) shall promptly pay all amounts due and remaining payable hereunder.
(e) Survival of Obligations. The provisions of Sections 5, 8(b), 9, and 10-12, as well as
Customer’s obligations to pay any amounts due and outstanding hereunder, shall survive
termination or expiration of this Agreement.
(f) Termination for Non-Appropriation. In the event that funds for the following Customer
fiscal year are not appropriated for the Library, then this Agreement shall terminate as of
September 30 of the last fiscal year for which funds were appropriated. The Customer shall
immediately notify LS&S in writing of any such non-allocation of funds.
3. Price and Payment.
(a) Price. LS&S shall perform the Services for the Charges (exclusive of any current or future
taxes) set forth in Section E of Schedule A.
(b) Payments. LS&S shall invoice Customer prior to each month’s service for the monthly
amount set forth in Section E of Schedule A. Customer shall pay all invoices, without offset
or deduction, by bank wire transfer or Automated Clearing House (ACH) direct debit to a bank
account designated by LS&S on or before the tenth (10th) day of such month (the “Due Date”)
and shall bear interest at the rate of one and one quarter percent (1¼%) per month if not paid
in full by the Due Date. If LS&S has not received payment by the Due Date, it may suspend
performance contemplated under this Agreement until full payment has been received.
(c) Taxes. LS&S shall add to its invoices any current or future taxes (other than LS&S’s income
tax) payable by LS&S on account of this Agreement, the Services, or Customer’s payments
hereunder, except to the extent Customer furnishes in advance a valid certificate of exemption
from such taxes. This Agreement does not include charges for any sales or use tax that now, or
in the future, may be deemed by a taxing authority to be applicable to the Services. In the event
a taxing authority determines now or in the future that the Services are subject to such tax,
LS&S shall invoice such taxes to the Customer and the Customer shall pay same
simultaneously with the payment to which such taxes relate. In the event the Customer is not
subject to or liable for such taxes, the Customer shall not be required to pay such taxes, shall
provide LS&S with the legal basis of such exemption and shall agree to indemnify LS&S with
respect to the nonpayment by LS&S of any such taxes to the extent permitted by the laws of
Texas.
4. Insurance.
(a) Insurance. During the term of this Agreement, LS&S shall maintain in force at its own
expense commercial general liability insurance coverage of at least one million dollars
($1,000,000) each occurrence and two million dollars ($2,000,000) annual aggregate. LS&S
also shall maintain workers compensation insurance providing the statutory benefits required
by law.
(b) Property Insurance. Customer will keep its buildings and their contents insured against
loss, cost, damage or expense resulting from fire, explosion or any other casualty in an amount
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equal to the full replacement cost thereof (“Casualty Insurance”). If any loss, cost, damage or
expense resulting from fire, explosion, or any other casualty or occurrence is incurred by
Customer in connection with its buildings or their contents, then Customer hereby releases
LS&S, its owners, officers, employees, agents and volunteers from any liability it may have on
account of such loss, cost, damage or expense to the extent of any amount receivable by reason
of such Casualty Insurance, and waives any right of subrogation which might otherwise have
existed or accrued to any person on account thereof.
5. Confidential Information and Intellectual Property.
(a) Confidential Information. In the performance of this Agreement, LS&S may be exposed to
information regarding the identity of Customer’s patrons, Customer may be exposed to
information regarding LS&S’s proprietary library management techniques, and either Party
may be exposed to other written or oral information, disclosed by either Party to the other,
related to either Party or a third party that has been identified as confidential or that by the
nature of the circumstances surrounding disclosure ought reasonably to be treated as
confidential(collectively, “Confidential Information”). Each Party shall: (1) use the same care
to protect the other Party’s Confidential Information from disclosure that such Party uses to
protect its own information of like importance; (2) limit duplication of Confidential
Information to the extent needed to perform this Agreement; and (3) disclose Confidential
Information only to employees having a need to know in connection with performance of this
Agreement, and who are informed of the contents of this provision prior to disclosure. This
provision shall survive termination or expiration of this Agreement; and, on such termination
or expiration, each Party shall return all Confidential Information, including all copies, to the
owner of such information and, if requested, shall certify in writing that all such information
has been returned. Because the damage resulting from a breach of this provision would be
difficult or impossible to quantify and remedy at law, in case of such breach, or the threat of
such breach, the Party whose Confidential Information is threatened to be disclosed shall be
entitled to injunctive or other equitable relief.
(b) Exceptions. Notwithstanding the foregoing, the provisions of Section 5(a) above, shall not
apply to Confidential Information that (i) is publicly available or in the public domain at the
time disclosed; (ii) is or becomes publicly available or enters the public domain through no
fault of the recipient; (iii) is rightfully communicated to the recipient by persons not bound by
confidentiality obligations with respect thereto; (iv) is already in the recipient’s possession free
of any confidentiality obligations with respect thereto at the time of disclosure; (v) is
independently developed by the recipient; or (vi) is approved for release or disclosure by the
disclosing Party without restriction. Notwithstanding the foregoing, each Party may disclose
Confidential Information to the limited extent required (x) in order to comply with the order of
a court or other governmental body, or as otherwise necessary to comply with applicable law,
provided that the Party making the disclosure pursuant to the order shall first have given written
notice to the other Party and made a reasonable effort to obtain a protective order; or (y) to
establish a Party’s rights under this Agreement, including to make such court filings as it may
be required to do.
(c) Intellectual Property. Subject to the terms and conditions of this Agreement, LS&S hereby
grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable right and
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license to use the Documentation, as provided by LS&S, during the term of this Agreement,
solely for Customer’s internal business purposes. Customer shall not use the Documentation
for any purposes beyond the scope of the license granted in this Agreement. Without limiting
the generality of the foregoing, Customer shall not (i) market or distribute the Documentation;
(ii) make any copies of the Documentation; (iii) assign, sublicense, sell, lease, or otherwise
transfer or convey, or pledge as security or otherwise encumber, Customer’s rights under the
license granted in this Section 5(c); or (iv) modify the Documentation, except with prior written
consent of LS&S. The Parties acknowledge and agree that if Customer modifies or improves
the Documentation, all such modifications or improvements shall be considered part of the
Documentation, and shall be owned by LS&S, and Customer hereby assigns to LS&S all right
and title to such modifications or improvements. Other than as set forth in this paragraph,
nothing in this Agreement confers any license or right to use any trademark, service mark,
copyright or other intellectual property right, whether now owned or hereafter developed, of
either Party. For the purposes of this Agreement, “Documentation” means the standard user
manuals, instructions and related documentation made available by LS&S to Customer.
6. Customer’s Obligations.
(a) Facilities, etc. Customer shall make available to LS&S without charge, solely for
LS&S's use in performing the Services, all properties, facilities, furniture, furnishings,
equipment, collections, supplies, records, files and data used or useful in the operation
of the Library that are in Customer’s possession, custody or control as of the date hereof.
Customer reserves all ownership rights in such properties and LS&S shall return such
properties to Customer, ordinary wear and tear excepted, at the termination or expiration
of this Agreement.
Customer is responsible for the structure, improvements, maintenance, janitorial services
and janitorial supplies, repairs and property insurance at the Library building (except for
damage caused by LS&S). This includes the interior and exterior of the structure, all
restrooms, electrical, building systems, and the heating and air conditioning system.
LS&S shall work with LS&S Staff and Customer to ensure effective building
maintenance by promptly identifying and reporting problems with the facilities.
Customer is responsible for maintaining the entire Library site, including landscaping
and grounds maintenance.
(b) Security. Customer is responsible for providing security services for the Library and
surrounding area. Customer is responsible for the configuration and maintenance of the
security cameras and associated equipment and network at the Library.
(c) Utilities. Customer is responsible for payment of utilities at the library facilities,
including electricity, gas, water, waste disposal and recycling, telecommunications and
Internet access.
(d) Technology & Telecommunications. Customer is responsible for providing, maintaining
and supporting the telecommunications network, servers and computers in the Library,
including periodic replacement of aged or obsolete equipment as outlined in Schedule
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B. Should LS&S provide any technical services to Customer, such services shall be
provided pursuant to a separate agreement.
(e) Policies. Customer shall be responsible for setting all policies that govern the operations
of the Library.
7. Excluded Services.
Notwithstanding any other provision of this Agreement to the contrary, the Services shall
not include, LS&S shall have no responsibility for and Customer shall be fully responsible
for the following:
(a) Any goods or services, including payroll, that were rendered to Customer prior to
the Effective Date.
(b) Unfair labor practices, grievances, or any claims or litigation whatsoever arising
out of the hiring and/or firing, layoff, subcontracting, assignment, reassignment or
discipline of any Library staff not employed by LS&S at the time of the relevant
incident.
(c) Any worker's compensation or other claims arising from injuries sustained prior to
the Effective Date by any Library staff not employed by LS&S at the time of such
injuries.
(d) Any costs of any current or future employee benefits, including payroll taxes,
retirement benefits, voluntary retirement incentives, pension contributions,
employee buyouts or other similar programs adopted by Customer.
(e) Any future increases in wages and salaries mandated by Federal, State or Local
regulations or legislation.
8. Warranties; Disclaimers.
(a) Warranty. LS&S warrants that it will perform the Services with at least the
care, diligence and expertise generally accepted in the library service industry.
(b) Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY WARRANTED IN
THIS AGREEMENT, THE SERVICES AND GOODS PROVIDED BY LS&S
ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND LS&S
EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR
NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF
OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-
INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA,
OR QUALITY, AS WELL AS ANY WARRANTIES OF
MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP,
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SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE
ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR
PATENT. NO WARRANTY IS MADE BY LS&S ON THE BASIS OF
TRADE USAGE, COURSE OF DEALING OR COURSE OF TRADE. LS&S
DOES NOT WARRANT THAT THE SERVICES OR GOODS WILL MEET
CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION THEREOF
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS
WILL BE CORRECTED. CUSTOMER ACKNOWLEDGES THAT LS&S’
OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF
CUSTOMER ONLY.
9. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO
EITHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING,
WITHOUT LIMITATION, LOST PROFITS, COSTS OF DELAY, ANY FAILURE OF
DELIVERY, BUSINESS INTERRUPTION, COSTS OF LOST OR DAMAGED DATA OR
DOCUMENTATION OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE,
EVEN IF LS&S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT
REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN
BREACHED OR HAVE PROVEN INEFFECTIVE. THE CUMULATIVE LIABILITY OF
LS&S TO CUSTOMER FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION
SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, SHALL NOT EXCEED THE
LESSER OF (I) THE ACTUAL DAMAGES SUFFERED BY THE AGGRIEVED PARTY, OR
(II) FIVE HUNDRED THOUSAND DOLLARS ($500,000).
10. Conflict of Interest.
LS&S shall not, directly or indirectly, acquire any interest which will conflict in any
manner or degree with the performance of its services hereunder. In this connection,
LS&S, its employees and consultants shall make no political contributions to any political
campaign or initiative affecting the Customer, nor should the customer make such a request
of LS&S to do so.
11. Notices
Any notice regarding the performance of services under this contract shall be considered
delivered using regular U.S. mail services, email, or fax to the attention of the parties listed
below:
City of Huntsville LS&S
City Manager Todd Frager, CEO
1212 Avenue M 2600 Tower Oaks Blvd. Suite 500,
Huntsville, TX 77340 Rockville, MD 20852
Email: citymanager@huntsvilletx.gov Email: Todd.Frager@LSSLibraries.com
Office: 936-291-5400 Office: 301-540-5100
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12. Miscellaneous.
(a) Independent Contractors. The relationship of the parties is that of independent contractors,
and no partnership, joint venture, agency, employment, or other relationship is intended.
(b) Assignment. Neither Party may assign this Agreement to a third party not affiliated with
such Party without the prior written consent of the other Party, except that LS&S may
subcontract or delegate portions of the Services; provided, however, that in no case shall
Customer be liable to any party other than LS&S, or for any amount in excess of the price
specified on Schedule A, plus any additional charges permitted hereunder.
(c)Nondiscrimination, etc. LS&S shall not discriminate against any employee or applicant for
employment because of race, color, sex, age, ancestry, medical condition (cancer or HIV Positivity
including AIDS or ARC), national origin, sexual orientation, creed, religion, age, physical or mental
disability, political affiliation, citizenship or any other characteristic prohibited by State or federal law.
(d) Nonsolicitation of Employees. Customer acknowledges and agrees that the employees and
consultants of LS&S who perform the Services are a valuable asset to LS&S and are difficult
to replace. Accordingly, Customer agrees that, during the Term of the Agreement it shall not
offer employment or engagement (whether as an employee, independent contractor or
consultant) to any LS&S employee or consultant who performs any of the Services. The
Customer shall not contract with another private or public company to provide library services
for a period of one (1) year after the termination or expiration of this Agreement.
(e) Force Majeure. LS&S shall not be liable for any failure or delay in performance of this
Agreement due to causes beyond its control, including, but not limited to, act of god, strike,
war or civil disturbance, weather emergency, or general failure of any necessary supply,
service, utility or other cause beyond its reasonable control, such failure to perform shall not
be grounds for termination of this Agreement.
(f) Customer’s Representation. Customer represents and warrants that it has all necessary
legal authority to enter into and perform this Agreement and that the person executing this
Agreement on its behalf is legally authorized to do so.
(g) Notices. Notices required or permitted under this Agreement shall be effective upon the
third (3rd) business day after deposit in First Class mail, or the next business day after deposit
with a recognized overnight courier, or upon receipt if e-mailed or faxed to the respective e-
mail addresses or fax numbers, if addressed to the parties’ respective addresses and marked to
the attention shown on the first page of this Agreement.
(h) Law and Enforceability. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas. If any provision of this Agreement is conclusively
determined to be illegal, invalid or unenforceable, then such provision shall be severed, and the
remaining provisions of this Agreement shall be so construed to carry out, as nearly as legally
permitted, the intentions of the parties. Venue for any legal action shall be in the appropriate
state district Court of Walker County, Texas or the appropriate federal district Court in Texas.
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(i) Other Rights. Customer hereby grants to LS&S the limited right to use Customer’s name,
logo and/or other marks for the sole purpose of listing Customer as a user of the applicable
Offering in LS&S’s promotional materials. LS&S agrees to discontinue such use within
fourteen (14) days of Customer’s written request.
(j) Survival. The provisions of Sections 5 and 8 shall survive any termination or expiration of
this Agreement.
(k) Entire Agreement. This Agreement contains the entire understanding of the parties on the
subject matter hereof and supersedes all prior statements and agreements on that subject. No
failure or delay by either Party in enforcing any provision of this Agreement shall operate as a
waiver. This Agreement may be modified or waived only in writing signed by the Party against
whom such modification or waiver is sought to be enforced.
Intending to be legally bound, the parties have caused this Agreement to be executed by their duly
authorized representatives.
CITY OF HUNTSVILLE LIBRARY SYSTEMS & SERVICES,
LLC
By: By:
Name: Todd Frager
Title: CEO
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Schedule A
Library Service Delivery Agreement
A. Statement of Work
LS&S will administer the operations of Customer’s library facilities (collectively, “Library”), including the
accounting for, purchase of and payment for payroll services and goods and services from vendors for
budgeted supplies, other direct operating expenditures, Library Materials (as defined below) and Capital
Items (as defined below) sufficient to operate the Library in accordance with the policies and guidelines
approved by Customer.
LS&S shall provide, by and through its own employees or independent contractors ("LS&S Staff") any
labor LS&S deems necessary for the operation of the Library. The cost of the LS&S Staff shall be paid by
LS&S and is included in the Operating Budget (as defined below). LS&S shall have the sole and absolute
right to hire, manage, evaluate and terminate the employment of the LS&S Staff from time to time to
perform work under this Agreement. LS&S will provide the appropriate staffing levels to keep the Library
open to the public for forty-nine (49) hours per week. The Library will be closed on some Holidays and
other days mutually agreed upon in writing by the Customer and LS&S.
Sample Hours, subject to change and agreement between LS&S and Customer:
Monday: 10 am to 7 pm
Tuesday: 10 am to 7 pm
Wednesday: 10 am to 7 pm
Thursday: 10 am to 7 pm
Friday: 10 am to 7 pm
Saturday: 12 noon to 4 pm
Sunday: Closed
In addition, LS&S will develop a long-range plan for Customer in cooperation with Customer, elected and
appointed local officials, other community stakeholders and the LS&S Staff (“Plan”). Using current
professional standards and practice, the Plan will identify challenges and opportunities for the LS&S Staff
and corresponding strategic responses, including specific goals and measurable objectives.
This Plan, when approved by Customer, will help govern the direction and focus of the LS&S Staff in
fulfillment of their mission of providing effective and efficient Library service to meet the personal,
professional and lifelong learning needs of the patrons served by the Library.
B. Scope of Work
1. Governance – Develop and maintain effective working relationships with local staff, elected officials,
Library Board members, other appointed officials and community groups such as the Friends of the
Library.
2. Fiscal Responsibility:
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a. Develop and maintain effective and efficient financial procedures.
b. Review all aspects of Library operation and service for efficiency and cost-effectiveness,
while making changes as appropriate.
c. Lead preparation of annual operating and capital budget requests.
d. Continue to seek innovative means of adding value for Customer at little or no additional
cost, including completing grant applications.
3. Reporting:
a. Prepare and provide regular reports to Customer, describing Library activities and
recommending changes in policies and operations as necessary and appropriate.
b. Prepare and provide timely statistical reports to the Customer on Library activities.
c. Prepare and provide annual statistical report to the Texas State Library.
4. Staff Development and Coaching:
a. Support the professional development of all LS&S Staff.
b. Provide leadership and guidance to maximize LS&S Staff effectiveness in Library operations.
c.The Library will be closed on a mutually agreed upon day in writing by the Customer and LS&S for an
annual All-Staff training day.
5. Public Services:
a. Provide prompt, friendly and accurate assistance in the use of the Library.
b. Provide prompt and accurate circulation information services.
c. Provide requested materials promptly.
6. Collections – Provide high quality materials on a wide variety of subjects in varied formats for the
community, according to established collection development plans. All collections are subject to Texas
Law including the Texas Penal Code.
7. Programming – Provide high quality, effective programs of interest to all major demographic groups
in the community.
8. Information Technology – In cooperation with the Customer and the Customer’s City Information
Services, develop and implement short- and long-range plans to address the installation and support of
sufficient hardware, software, network, telecommunications and other resources necessary to support
the Library’s mission.
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9. Marketing – Effectively disseminate information and promote use of the Library, resources and
services.
10. Space Planning, Design, Renovation and Outreach – LS&S understands the paradigm shift surrounding
municipal library design. LS&S will work in partnership with the Customer on positioning the Library
for the future, and making it accurately reflect the community it serves. During the course of the
agreement LS&S will assist the Customer in Space and Service Planning for the existing and potential
new facility in order to optimize and expand the library’s capacity. This will include a comprehensive
Needs Assessment process as well as leveraging our expertise in technology and the latest trends and
current and future best uses for libraries. LS&S recognizes the importance of building consensus
amongst the stakeholders involved and will support community outreach and education efforts for
public funding initiatives.
11. Facilities – Work with LS&S Staff and local officials to ensure effective building maintenance by
promptly identifying and reporting problems with the physical plant.
C. Library Materials and Materials Handling Fee
LS&S will provide high quality materials on a wide variety of subjects in varied formats for all
age groups with a focus on demand driven collection, and according to the established Collection
Development Policy. The responsibility for the Library Collection Development Policy will
remain with the City, and all Library Materials selection and management will be the
responsibility of LS&S. LS&S will negotiate favorable discounts and prices for the purchase of
library materials in all formats. LS&S uses a centralized Collection Management Team (CMT)
comprised of experts with decades of collection management experience and specialty knowledge
combined with insights the LS&S proprietary comprehensive collection analytics platform
(LibraryIQ). The CMT ensures significant efficiencies, cost savings, expedited materials and
enhanced performance through strong back-office processes and vendor relationship management.
LS&S Collection Management services (collectively, “Library Materials”) include:
•Acquisition, Cataloging and Processing
•Selection
•Inventory and Weeding
•LibraryIQ Platform
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LS&S will place orders with the suppliers and perform the accounting functions related to those
orders, including prompt payment of the invoices. LS&S’s Collection Management fee is variable
and based on a percentage of the City’s total collection budget. LS&S shall include a fee of ten
percent (10.0%) of the cost of the Library Materials ordered (" Materials Service Fee"). This
service fee is charged on all-Library Materials, regardless of the format of content.
D. Excluded Costs
Customer shall be responsible for the following:
(a) Any costs, expenses, damages or losses occurring prior to the Effective Date.
(b) Any Capital Items, which shall mean any capital acquisitions, improvements or replacements of
any of the properties, facilities, equipment, furniture, furnishings, fixtures or leasehold
improvements of the Library, except that such Capital Items proposed by LS&S for its benefit shall
be approved by Customer and paid for by LS&S.
(c) Printers and Copiers. Customer is responsible for the support of all Customer provided printers
and copiers. The Customer shall be responsible for the paper, toner, maintenance and repair costs
of all printers and copiers.
(d) Any amount of costs for unbudgeted repairs, maintenance and/or upkeep of Capital Items owned
by Customer.
(e) Any increases in the cost of any state or federal tariff items over the rate for such items prevailing
as of the date of execution of this Agreement.
(f) Any increases in the minimum wage mandated by federal, state or local governments following the
Effective Date are not included in the above compensation schedule and Customer will be
responsible for reimbursing LS&S for such increases. The Parties acknowledge and agree that the
minimum wage rates specified in Schedule C shall apply as of the Effective Date.
(g) Any patron accommodations regarding the Library facilities required by the Americans with
Disabilities Act (ADA) or any similar federal, state or local regulations.
(h) LS&S will comply with established Customer processes and protocols for Library volunteers,
including any required background checks. The Customer will determine the annual budget for
background checks. LS&S will bill the costs of background checks for any volunteers to the
Customer.
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E. Operating Budget and Charges
Annual increase limited to 3% - ten-year contract
* Total cost of Library Materials is not included in the Operating Budget and shall include the Materials Handling Fee.
After the first year, funding for Books and Materials shall be determined by the Customer annually. The above amounts
reflect the minimum that LS&S recommends the Customer budget for Books and Materials. Expenditures for Books and
Materials will be invoiced monthly as incurred and will include LS&S’s Material Handling Fee.
**Amount to be prorated based on actual start date
The Operating Budget is contingent on other existing contractual terms, obligations and responsibilities
remaining the same except as expressly noted herein.
Prior to three (3) months before the end of the last Period to which the amount of Charges have been agreed
upon, the Parties shall begin to negotiate in good faith the amount of Charges that will apply to the next
Period. If the Parties have not reached such agreement thirty (30) days before the end of such Period, then
the new charge shall be equal to the Charge for the last month of such Period multiplied by twelve (12) or
the number of Remaining Months, whichever is less, plus the percentage increase in the Employment Cost
Index (ECI) in the immediately preceding twelve (12) month for the census region of the country in which
the Library is located, or 5%, whichever is greater.
Period Monthly Minimum
Materials*Total
January , 2023 - September 30, 2023**545,000$ 45,417$ 45,050$ 590,050$
October 1, 2023 - September 30, 2024 561,350$ 46,779$ 46,402$ 607,752$
October 1, 2024 - September 30, 2025 578,191$ 48,183$ 47,794$ 625,984$
October 1, 2025 - September 30, 2026 595,536$ 49,628$ 49,227$ 644,764$
October 1, 2026 - September 30, 2027 613,402$ 51,117$ 50,704$ 664,106$
October 1, 2027 - September 30, 2028 631,804$ 52,650$ 52,225$ 684,030$
October 1, 2028 - September 30, 2029 650,759$ 54,230$ 53,792$ 704,551$
October 1, 2029 - September 30, 2030 670,281$ 55,857$ 55,406$ 725,687$
October 1, 2030 - September 30, 2031 690,390$ 57,532$ 57,068$ 747,458$
October 1, 2031 - September 30, 2032 711,101$ 59,258$ 58,780$ 769,881$
Period
Proposed Operating Costs
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Schedule B
Technology Support Services
Section 1: Purpose
The purpose of this Schedule B is to set forth additional terms of the Agreement regarding the
responsibilities of the Customer, acting through its Information Services Department and LS&S, acting
through its employees assigned to operate the Library
Section 2: Definitions
The words and phrases used in this Schedule B shall have the same meaning as provided in the
Agreement and/or Schedule A to the Agreement. In addition, the following words, phrases, and
abbreviations shall have the following meanings:
“ILS” means Integrated Library System.
“IS Department” means Customer’s Information Services Department.
“IS Director” means Customer Director of Information Services or designee.
“Library Director” means LS&S’s employee serving in the position of Director of the Library.
“Library Staff” means LS&S’s employees, including the Library Director, assigned by LS&S to
perform the on-site services provided by LS&S to Customer pursuant to this Agreement.
“PC” is the abbreviation used for “personal computer.”
“UPS” is the abbreviation for “uninterruptible power supply”, which is a device that provides
battery backup when the electrical power fails or drops to an unacceptable voltage level.
Section 3: Scope and Responsibilities
A.Administration and Management
(1)Technology Coordination. The IS Director will meet with the Library Director and the
LS&S Technology Representative approximately every six months, at a mutually
agreeable date and time, to discuss technology needs, upcoming initiatives and any service
or support concerns relating to Library operations.
(2)Technology Procurements. Customer shall be responsible for establishing the appropriate
standards and providing update or refreshment schedules for Customer provided hardware
and software. Any non-standard hardware or software request must be justified and
approved by the IS Director. Customer shall be responsible for purchasing and replacing
all Customer-provided computing hardware and associated peripherals, including desktop
PC’s, laptops, monitors, mice, keyboards, printers, copiers, fax machines, scanners, etc.
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(3)Vendor service agreements and contracts. Customer will enter into and maintain
applicable service agreements or support contracts on Customer-provided computer
equipment. The Customer will be responsible for maintain equipment is good working
order at all times. Licensing will be appropriate and valid for the Library systems and
software. Maintenance agreements and software support agreements will be kept current
and accessible for support requirements.
(4)Technology planning and budgeting. Library Staff and LS&S IT shall be responsible for
preparing a written annual Technology Plan that defines the needs and technology solutions
to meet those needs. Library shall solicit and receive comments and suggestions from
Customer staff and other interested parties identified by the Customer in defining existing
problems, necessary changes, and/or desired enhancements to technology services at the
Library. LS&S, through the Library Director and LS&S IT, and Customer, through the IS
Director, shall work together to review and define the Library’s technology needs for
purposes of long-range planning, development of mid-year and fiscal year budgets and
inclusion in the annually updated Technology Plan.
(5)Equipment inventory and lifecycle management. The Customer IS Department shall be
responsible for maintaining and updating inventories of Customer-owned technology
assets, including the software loaded on all Customer-owned computers. The IS
Department shall be responsible for picking up and properly preparing Customer-owned
equipment for disposal, including a process for ensuring that all data is removed from the
equipment. The IS Department will update the inventory and provide inventory revisions
to the Library Director upon request.
(6)Audit and Review of Third-Party Network Connections. Any third-party systems or
connections into the Customer’s computer network must be pre-approved and will be
subject to initial and periodic security review by the Customer. Any required corrective
actions are to be implemented immediately, and closure is to be confirmed by the IS
Director.
(7)Internet content filtering management. Customer shall be responsible for:
(a) Administering and monitoring the Internet Filter that serves the Library patron
computers; and
(b) Providing annual support and maintenance costs associated with the filtering
software for public terminals.
Library computers will be filtered for protection against Web-based threats, such as:
malware, spyware, malicious sites, botnets and key loggers.
(8)Library website and URL namespace. LS&S shall be responsible for the setup and
maintenance of the Library’s content on the Library’s web portal. Customer will maintain
the annual renewal for the Library’s URL namespace. The Customer shall be responsible
for hosting the library website in accordance with service levels outlined below.
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(9)Support requests. Incidents or requests for support should be reported to the Customer IS
Department Help Desk via any of the following means:
(a) User Support Portal - typing in URL in their internet browser
(helpdesk.huntsvilletx.gov)
(b) Calling 936-291-5959
(c) Emailing Helpdesk@huntsvilletx.gov
If the incident is urgent, users should call the Help Desk, rather than using the support
portal or emailing. IS Department support hours being 8:00 A.M. to 5:00 P.M. Monday
through Thursday and 8:00 A.M. to 5:00 P.M. on Friday central time (except on Customer
holidays). For urgent issues and outages, Library Staff may request IS Department
emergency support outside of the standard support hours.
(10)Compliance with IT Department policies and procedures. LS&S employees using
Customer-provided computing technology and equipment will be expected to adhere to all
Customer technology usage policies, requirements and standards.
(11)Customer-provided user and email accounts. The IS Department shall be responsible for
creation and maintenance of all Customer domain user accounts and Customer e-mail
accounts. The Library Director shall inform the IS Director as soon as possible after any
staff terminations so that user access to core information technology resources can be
revoked in a timely manner. To the extent feasible, the Library Director shall inform the
IS Director in advance of any employment termination date of a Library Staff employee if
there is reason to believe the employee whose separation from employment may result in
a risk to the condition or security of the hardware, software, or data to which said employee
has access. The Customer will make appropriate allowances for LS&S employees access
to LS&S business systems such as Email, HQ, Timesheets, etc. for the purposes of
conducting normal LS&S business operations. This may include the requirement to install
non-Customer software or modify software to accommodate the normal operation.
(12)Inventory Lists; Support Matrix. IS Department staff and Library Staff and LS&S IT shall
coordinate and cooperate in the preparation and maintenance of an inventory list of the
hardware, installed software, and other computing technology equipment located in or
assigned for use as part of Library operations. The inventory shall set forth the owner or
provider of the hardware, software or equipment. IS Department staff and Library Staff
shall also coordinate and cooperate with respect to development of a support matrix relating
to the above inventory setting forth the party responsible for obtaining and/or providing
support relative to the hardware, software, and/or equipment shown on the inventory. The
initial inventory of installed software subject to this Paragraph (12) is agreed to be as set
forth in Exhibit 1 to this Schedule B.
B. Customer Facility
(1)Security cameras. Customer is responsible for the configuration and maintenance of the
security cameras and associated equipment and network at the Library.
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(2)Technology equipment rooms. The Customer IS Department is responsible for
coordinating and working with Customer’s Facilities Management Department to maintain
power, UPS, air conditioning, environmental monitoring of the functioning equipment
rooms.
(3)Audio visual equipment. Customer is responsible for providing maintenance and support
for all new and existing audio/video, systems in use at the library. Support includes:
projector lamps, supplies, parts, repairs, preventative maintenance and any necessary
adjustments. LS&S shall be responsible for failures caused by improper operation,
cleaning or maintenance; accidents, damage, misuse or abuse caused by a LS&S employee.
The Customer will be responsible for providing appropriate documentation and training on
the proper usage of the equipment.
C. Library Automation System (Polaris)
LS&S is responsible for providing and supporting the Polaris Integrated Library System (ILS), as
well as other automation systems required for effective operation of the Library. LS&S shall be responsible
for acquisition, licensing and maintenance of any service/hardware required for the automation systems.
D. Desktop Computing
(1)General. All Customer-owned desktops and laptops will have antivirus and desktop
management agents installed, where applicable. Only software provided by or approved
by the Customer shall be loaded on Customer-owned computers. IS Department staff will
not be required to install any additional software provided by LS&S without proof of
purchase or a copy of the license agreement. Any computer, server or network hardware
provided by LS&S or any third-party must be pre-approved by the IS Department and must
adhere to Customer standards before being connected to Customer-owned computer
hardware or the Customer’s data network. Library Staff shall be responsible for ensuring
that all Customer-owned equipment is well maintained, operated in accordance with the
manufacturer’s instructions and the Customer’s direction. LS&S shall be responsible for
failures caused by improper operation, cleaning or maintenance; accidents, damage, misuse
or abuse caused by a LS&S employee
(2)Staff computers. The Customer IS Department is responsible for the support of all
Customer-provided computers which are designated for use by Library staff in performing
their job functions. Support includes: installation of hardware and software, configuration,
installation of operating system patches and updates, and troubleshooting of hardware,
software or network connectivity problems. IS Department staff will provide assistance
with supported applications which shall include: installation and updating of software;
troubleshooting of common problems; and help with basic usage. IS Department staff will
help users perform their job functions using computer technology but will not perform
those functions for them. For example, IS Department will not create documents or design
databases or web pages for users.
(3)Patron computers. Customer Staff is responsible for the support of all Customer provided
computers which are designated for use by library patrons which shall include operating
system patches and updates; the troubleshooting of hardware, software or network
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connectivity problems. IS Department staff will work in conjunction with Library Staff and
LS&S IT to troubleshoot and resolve any connectivity issues that may be associated with
the Customer-provided data network.
(4)Other LS&S owned and provided hardware/software. Library Staff shall be responsible
for the support and maintenance of all LS&S-owned or provided hardware and/or software.
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E. Server Hardware and Operating Systems
(1)Customer provided Servers. The Customer IS Department is responsible for the support
of all Customer-provided servers which are housed at the Library or designated for use by
Library Staff or patrons, which shall include: installation, configuration, installation of
operating system patches and updates and the troubleshooting of hardware, software or
network connectivity problems. Library Staff shall be responsible for the licensing,
administration and maintenance of the business applications running on this hardware.
(2)LS&S provided Servers. LS&S shall be responsible for acquisition; licensing and
maintenance of any LS&S-provided computing system or service. Any computer, servers
or network hardware provided by LS&S or any third-party must be pre-approved by the IS
Director and adhere to Customer standards before being connected to Customer-owned
computer hardware or the Customer’s data network.
F. Telephony, Network, Internet, and Printers
(1)Customer network connectivity (to facility and to staff). The Customer IS Department is
responsible for the maintenance and operation of all Customer-provided network
equipment, including the configuration, support and maintenance of all routers, switches,
firewalls and associated Ethernet and fiber connectivity.
(2)Wireless network connectivity. The Customer IS Department is responsible for the
maintenance and operation of all Customer-provided wireless network equipment,
including the configuration, support and maintenance of wireless access points and
associated routers, firewalls and cabling.
(3)Customer internet connectivity. The Customer IS Department is responsible for the
maintenance and operation of Customer-provided internet connectivity, including:
modems, routers, switches and associated cabling. As of the Effective Date, Customer
provides internet connectivity for the use of library patrons and Library Staff computers.
(4)Telephone system. The Customer IS Department is responsible for the maintenance and
operation of all Customer provided voice communications equipment at the Library,
including: VoIP/PBX equipment, handsets and associated cabling.
(5)Printers and Copiers. Customer Staff is responsible for the support of all Customer
provided printers and copiers which are designated for use by library patrons. The
Customer shall be responsible for the paper, toner, maintenance and repair costs of all
printers and copiers for use by library patrons.
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Exhibit 1 to Schedule B
Software used in Library:
Software Operational
Responsibility
Financial
Responsibility
Polaris LS&S LS&S
Cassie/Cassie Manager*LS&S LS&S
Winselect on Enterprise
Server
LS&S w/Customer IT support Customer
Deep Freeze on
Enterprise Server
LS&S w/Customer IT support Customer
Magic Info LS&S for content creation.
Customer IT support for server
Customer
Websense* LS&S LS&S
SentinelOne Customer Customer
Windows LS&S w/Customer IT support Customer
MS Office LS&S w/Customer IT support Customer
*or equivalent software
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Exhibit 2 to Schedule B
Service Level Agreements
This section is reserved for guidelines on measurable service level objectives. The intent of service
level definition is to understand the expectations for key library and technology services and mechanisms
for measurement.
Technology Metrics
The metrics identified are critical to the reliable service delivery and operations of a library.
Measurement
o Response to Troubles or Trouble Tickets – Response to priority 1 issues will be 4 hours
after notification. Once issues are acknowledged, the responsible party will act
appropriately to resolve the issue. Priority 1 issues will receive the highest response and
activity until resolved or downgraded. Responses to lower priority items will be based on
acknowledge and assignment of action within a time that is appropriate to the condition or
impact.
o Wi-Fi and Circuit Availability – access to communications is critical to normal operations
of a library. Patron access to reliable communications is to be maintained at or above 98%
availability during normal business/library hours.
o Wi-Fi and Circuit Throughput and bandwidth – Libraries provide a necessary public
service to patron and staff via wireless and internet communications. It is expected that
these services be monitored and measured to ensure patrons are not experiencing consistent
delays and packet latency. As a benchmark, latency to the internet should be under 30 ms
Round Trip delay as measured to the nearest server on a public network. Upload and
Download speeds will be appropriate to the size of the library community and will be
monitored and adjusted as needed.
o Patron Computers and Printers – access to patron computers, printers, and copies are to be
maintained to 98 % availability. Patron computers are to be protected by anti-spam and
anti-virus and locked down in such a manner as to allow for normal user interaction without
allowing installation and modification.
o Staff Computers – access to the LS&S library management systems is critical to the
operations of a library. While staff systems have “off line” modes available with limited
function, it is expected that all staff computers be maintained and provided at 99%
availability. This availability is slightly higher than patron systems due to its role in the
library. Updates to operating system are to be reviewed and applied routinely or minimally
quarterly.
o Web Systems Availability – access to the library web site will be maintained to 98%
availability.
o Security – systems integrity will be protected by firewalls, policies, and physical controls
maintained by the Customer. Filters and changes to virus definitions are to be maintained
and updated within 72 hours of release. Critical server updates are to be applied as per
vendors release schedule.
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Definitions
Priority 1 issue is an out of service condition that impacts library operations and patron
activity.
Priority 2 issues are an equipment or process failure that is limited in scope or impact.
Priority 2 issues can be a single system or process being out of service or impaired. Priority
2 impacts are limited as to scope and service delivery.
Priority 3 issues are minor in scope or limited in span and impact. This can also include
items that require order or installation.
Notification – call, email, text, trouble ticket generation, or conversation indicating an
issue.
Response – initial notification and confirmation of an issue.
Resolution – Ticket closure with satisfactory return to normal operations.
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Schedule C
Minimum Wage Rates
Texas adopts the federal minimum wage rate. Effective July 24, 2009, the federal minimum wage is $7.25
per hour.
The Texas Minimum Wage Act does not prohibit employees from bargaining collectively with their
employers for a higher wage.
With specified restrictions, employers may count tips and the value of meals and lodging toward minimum
wage.
An employer does not need to pay an employee who lives on the business premises for on-call time in
addition to assigned working hours.
Under certain conditions, an employer may pay a sub-minimum wage to an employee who is a patient or
client of the Texas Department of Mental Health and Mental Retardation, or to other individuals due to age
(see the law for details), or to productivity impairments.
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lsslibraries.com
2600 Tower Oaks Blvd.
Suite 510
Rockville, MD 20852
800.638.8725
November 2, 2022
Aron Kulhavy, City Manager
City of Huntsville
1212 Avenue M
Huntsville, TX 77340
Re : Sole Source of Library Managed Services
Dear Mr. Kulhavy:
This letter serves as a sole source document for the products developed, licensed
and distributed by Library Systems & Services.
The complete outsourcing of municipal Library services, including a proprietary
library management software tool – Library IQ and collection management, was developed
and is distributed solely by Library Systems & Servcies.
No other vendor licenses or provides the complete outsourcing of municipal Library
services, including but not limited to the complete management of library operations and
analytics, Library Information Systems, library back office management including finance
and human resources management, complete collection management (selection,
acquisition and cataloging) and library marketing and patron engagement/management. If
you require additional information or further details please do not hesitate to contact me..
Best regards,
Library Systems & Services
Todd Frager
Todd Frager
CEO
Page 106 of 108
CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 6.a.
Agenda Item: City Council will convene in closed session as authorized by Texas Government Code,
Chapter 551, Section 551.071 to receive legal advice on Cause No. 2130313 City of Huntsville v Walker
County ESD#3.
Initiating Department/Presenter: City Attorney
Presenter:
Leonard Schneider, City Attorney
Recommended Motion: Not applicable
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Leonard Schneider
Aron Kulhavy
Kristy Doll
Associated Information:
Page 107 of 108
CITY COUNCIL AGENDA
12/20/2022
Agenda Item Number: 6.b.
Agenda Item: City Council will convene in closed session as authorized by Texas Government Code,
Chapter 551, Section 551.071 to receive legal advice on Walker County Special Utility District (SUD)
Initiating Department/Presenter: City Attorney
Presenter:
Leonard Schneider, City Attorney
Recommended Motion: Not applicable
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Leonard Schneider
Aron Kulhavy
Kristy Doll
Associated Information:
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