City Council Meeting Agenda Packet 3-21-20231
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
Mayor Pro Tem Russell Humphrey, Ward 2
, Ward 1
Deloris Massey, Ward 3
Jon Strong, Ward 4
HUNTSVILLE CITY COUNCIL AGENDA
TUESDAY, MARCH 21, 2023
REGULAR SESSION 6:00 P.M. - Staggs Community Room
Huntsville Public Library, 1219 13th Street, 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.
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.
PUBLIC HEARING
a. Public hearing, Consider amending Article 8, Signs, of the City of Huntsville Development Code, to
revise Prohibited Signs.
Kevin Byal, Director of Development Services
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 March 7, 2023 Regular City Council Meeting.
Kristy Doll, City Secretary
b. Consider approving the Minutes from the March 13, 2023 Special Session City Council Meeting.
Kristy Doll, City Secretary
c. Consider adoption of Ordinance 2023-10 to amend the budget for FY 22-23 and/or CIP Project
budgets.
Steve Ritter, Finance Director
d. Consider authorizing the City Manager to enter into additional opioid settlement agreements,
consistent with the previously adopted Texas Term Sheet.
Sam Masiel, Assistant City Manager
2. STATUTORY AGENDA
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a. Receive presentation from Pattillo, Brown, and Hill, LLP, CPAs and consider acceptance of the audit
for FY 21-22.
Steve Ritter, Finance Director
b. FIRST READING: Consider adoption of Ordinance No. 2023-8 Development Code Amendment -
Prohibited Signs, amending Article 8 of the Huntsville Development Code.
Kevin Byal, Director of Development Services
c. FIRST READING: Consider adoption of Ordinance No. 2023-9 suspending the rates proposed by
Centerpoint Energy Resources Corp., d/b/a Centerpoint Energy Entex Gas Reliability Infrastructure
Program (“GRIP”) filing made with the City on March 2, 2023.
Leonard Schneider, City Attorney
3. CITY COUNCIL/MAYOR/CITY MANAGER
a. Consider action to appoint a member to City Council Ward One Position for the unexpired term.
Andy Brauninger, Mayor
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 Dallas, Fort Worth, Houston, et al v Disney DTC, LLC, Hulu,
LLC and Netflix, Inc, Cause No. DC-22-09128 the 14th District Court of Dallas County.
Leonard Schneider, City Attorney
b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551,
Section 551.071 to receive legal advice for City of Huntsville vs. Walker County 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.
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DATE OF POSTING: March 17, 2023 Kristy Doll
TIME OF POSTING: 9:00 a.m. Kristy Doll, City Secretary
TAKEN DOWN:
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CITY COUNCIL AGENDA
3/21/2023
Agenda Item Number: a.
Agenda Item: Public hearing, Consider amending Article 8, Signs, of the City of Huntsville Development
Code, to revise Prohibited Signs.
Initiating Department/Presenter: Development Services
Presenter:
Kevin Byal, Director of Development Services
Recommended Motion: Public Hearing - No action required.
Strategic Initiative: Goal #7, Public Safety - Provide safety and security for all citizens.
Discussion: Over the past several months, there has been an increase in the presence of trucks
designed solely for the purpose of mobile advertising or mobile billboards, driving about the city and
parking near major intersections. These vehicles are designed only for displaying advertisements and for
no other purpose.
The City of Huntsville sign code is designed to provide for advertising in an orderly and safe manner.
The type of mobile billboards that we are seeing do not adhere to the standards as they can be
distracting and cause visibility obstruction for traffic.
The amendment that is being proposed, if adopted by council, will prohibit mobile advertising that is
designed for no other reason but mobile advertising. Consideration has been taken so this amendment
will not affect advertisements customally found on commercial service or delivery vehicles.
At the March 2, 2023 Planning Commission meeting, staff presented the revisions to the Commission
and they unanimously recommended approval.
Previous Council Action: None
Financial Implications: None
Approvals:
Kevin Byal
Aron Kulhavy
Kristy Doll
Associated Information:
1. Ord. 2023-8 Amending Dev Code Art. 12
2. Exhibit A_Prohibited Mobile Signs
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Page 5 of 36
ORDINANCE NO. 2023-8
AN ORDINANCE OF THE CITY OF HUNTSVILLE AMENDING CHAPTER 24 LAND
DEVELOPMENT OF THE HUNTSVILLE, TEXAS CODE OF ORDINANCES BY
ADOPTING REVISIONS TO THE DEVELOPMENT CODE OF THE CITY OF
HUNTSVILLE, TEXAS; REQUIRING THE PUBLICATION OF THIS ORDINANCE;
PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING FOR A PENALTY; MAKING
OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Development Code of the City of Huntsville, Texas Article 8 “Signs” seeks to
balance the public interest in promoting a safe, well-maintained, and attractive City with the
interests of businesses, organizations, and individuals who rely on signs as a means to identify
and advertise products, services, and ideas:
WHEREAS, the Development Code of the City of Huntsville, Texas Article 8.200 “Prohibited
Signs” identifies signs and sign characteristics that are prohibited so as to protect the safety and
welfare of the public by minimizing sign-related hazards to pedestrian and vehicular traffic; to
promote the reasonable, orderly and effective display of signs by minimizing visual clutter; to
minimize the possible adverse effects of signs on nearby public and private property, in particular
on residential uses and districts: and
WHEREAS, the Planning Commission reviewed and recommended adopting the updates to the
City of Huntsville Development Code; and
WHEREAS, the City Council held a public hearing at their meeting on March 21, 2023, prior to
consideration of amending the Ordinance:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be
true and correct and are hereby adopted, ratified, and confirmed.
SECTION 2: The City of Huntsville Development Code Section 8.200 “Prohibited Signs”, shall
be amended as shown in Exhibit A attached hereto and incorporated herein.
SECTION 3:All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances
of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 4:Should any paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this Ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional.
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SECTION 5:This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Article 4.14 of the Charter of the City of Huntsville, Texas.
SECTION 6: It is hereby officially found and determined that the meeting at which this Ordinance
was passed was open to the public and that public notice of the time, place and purpose of said
meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government
Code. Notice was also provided as required by Chapter 1 of the Development Code of the City of
Huntsville, Texas.
PASSED AND APPROVED on this the _______ day of _____________________, _________
THE CITY OF HUNTSVILLE, TEXAS
_________________________________
Andy Brauninger, Mayor
ATTEST:
_____________________________
Kristy Doll, City Secretary
APPROVED AS TO FORM:
_____________________________
Leonard Schneider, City Attorney
Page 7 of 36
EXHIBIT A
8.211
Signs placed, attached, connected to or painted on a licensed or unlicensed motorized, nonmotorized
or towed vehicle if the sign: (1) directs attention to a business, service, commodity, or activity offered
or sold on or off the premises; and (2) if the vehicle is parked closer to the street than the
nearest building wall (does not apply to vehicles parked for the purpose of immediate loading and
unloading); (3) if the vehicle is used primarily for the display of such sign(s), whether parked or in
motion. This chapter shall not prohibit the identification of a business or its products or services on
a vehicle(s) operated or parked in a manner appropriate to the normal course of business except the
business of advertising.
Page 8 of 36
CITY COUNCIL AGENDA
3/21/2023
Agenda Item Number: 1.a.
Agenda Item: Consider approving the Minutes from the March 7, 2023 Regular City Council Meeting.
Initiating Department/Presenter: City Secretary
Presenter:
Kristy Doll, City Secretary
Recommended Motion: NA
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Kristy Doll
Associated Information:
1. March 7, 2023 City Council Minutes
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD
ON THE 7th DAY OF MARCH 2023, AT THE HUNTSVILLE PUBLIC LIBRARY,
LOCATED AT 1219 13th STREET, 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:
OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary; Leonard
Schneider, City Attorney
WORKSHOP (5:00 p.m.)
a. Utility Rate Study Presentation
Steve Ritter, Finance Director
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.
Mayor Brauninger gave the invocation and led the pledges.
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 February 7, 2023 Regular City
Council Meeting.
Kristy Doll, City Secretary
b. Consider approving the Minutes from the February 21, 2023 Regular City
Council Meeting.
Kristy Doll, City Secretary
c. Consider adoption of Ordinance 2023-7 to amend the budget for FY 22-23 and/or
CIP Project budgets.
Page 10 of 36
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Steve Ritter, Finance Director
Councilmember Russell Humphrey made a motion to approve the Consent Agenda, Items
a through c. The motion was seconded by Councilmember Pat Graham. The motion
passed 9-0. Yes - Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Karen Denman,
Vicki McKenzie, Jon Strong, Pat Graham, Bert Lyle, Deloris Massey; No - None
2. STATUTORY AGENDA
a. Consider authorizing the City Manager to award contract to M.K. Painting, Inc.,
for the Rehab of the #2 One Million Gallon Ground Storage tank.
Brent Sherrod, Public Works Director
Councilmember Russell Humphrey made a motion to consider authorizing the City
Manager to award a contract to M.K. Painting Inc., for the Rehab of the #2 One Million
Gallon Ground Storage tank in the amount of $343,250.00. The motion was seconded
by Councilmember Vicki McKenzie. The motion passed 9-0. Yes - Andy Brauninger,
Russell Humphrey, Daiquiri Beebe, Karen Denman, Vicki McKenzie, Jon Strong, Pat
Graham, Bert Lyle, Deloris Massey; No – None
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 for City of Huntsville
vs. Walker County SUD.
Leonard Schneider, City Attorney
City Council convened into Executive Session at 6:10 p.m.
7. RECONVENE
Council reconvened from Executive Session into Open Session at 7:11 p.m.
Councilmember Russell Humphrey made a motion to authorize the City Attorney and Staff
to commence the process of transferring 24 of 37 Rockbridge Subdivision residences to
Walker County SUD. The motion was seconded by Councilmember Jon Strong. The motion
passed 9-0. Yes - Andy Brauninger, Russell Humphrey, Daiquiri Beebe, Karen Denman,
Vicki McKenzie, Jon Strong, Pat Graham, Bert Lyle, Deloris Massey; No – None
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ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 7:12 p.m.
ATTEST: CITY OF HUNTSVILLE
____________________________ ________________________________
Kristy Doll, City Secretary Andy Brauninger, Mayor
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CITY COUNCIL AGENDA
3/21/2023
Agenda Item Number: 1.b.
Agenda Item: Consider approving the Minutes from the March 13, 2023 Special Session City Council
Meeting.
Initiating Department/Presenter: City Secretary
Presenter:
Kristy Doll, City Secretary
Recommended Motion: NA
Strategic Initiative:
Discussion:
Previous Council Action:
Financial Implications:
Approvals:
Kristy Doll
Associated Information:
1. March 13, 2023 Special Meeting Minutes
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MINUTES FROM THE HUNTSVILLE CITY COUNCIL SPECIAL MEETING HELD ON
THE 13th DAY OF MARCH 2023, AT THE HUNTSVILLE PUBLIC LIBRARY,
LOCATED AT 1219 13th STREET, IN THE CITY OF HUNTSVILLE, COUNTY OF
WALKER, TEXAS, AT 9:00 A.M.
The Council met in a special session with the following:
COUNCILMEMBERS PRESENT: Mayor Brauninger, Mayor Pro Tem Humphrey,
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: Councilmember Ward 1 Beebe,
OFFICERS PRESENT: Aron Kulhavy, City Manager; Kristy Doll, City Secretary
MAIN SESSION (9:00 a.m.)
CALL TO ORDER (9:00 a.m.)
Mayor Brauninger called the meeting to order at 9:00 a.m.
INVOCATION AND PLEDGES - U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge
allegiance to thee, Texas, one state, under God, one, and indivisible.
Mayor Brauninger gave the invocation and led the pledges.
1. CITY COUNCIL/MAYOR/CITY MANAGER
a. Consideration and possible action on Daiquiri Beebe's resignation from City
Council Ward One
Andy Brauninger, Mayor
Councilmember Pat Graham made a motion to accept the resignation submitted by
Daiquiri Beebe from City Council Ward One. The motion was seconded by
Councilmember Vicki McKenzie. The motion passed 8-0. Yes - Andy Brauninger,
Russell Humphrey, Deloris Massey, Karen Denman, Vicki McKenzie, Jon Strong, Pat
Graham, Bert Lyle; No - None
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 9:02 a.m.
ATTEST: CITY OF HUNTSVILLE
____________________________ ________________________________
Kristy Doll, City Secretary Andy Brauninger, Mayor
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CITY COUNCIL AGENDA
3/21/2023
Agenda Item Number: 1.c.
Agenda Item: Consider adoption of Ordinance 2023-10 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 2023-10 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 explanation for the Budget Amendment is provided in the attachment, Exhibit A, to
the Ordinance. The Budget Amendment was discussed with the Finance Committee at their March 7,
2023 meeting.
Previous Council Action: No previous Council action for these budget amendments.
Financial Implications: See the attached Ordinance 2023-10 and related Budget Amendment (Exhibit A)
Approvals:
Steve Ritter
Aron Kulhavy
Kristy Doll
Associated Information:
1. ORDINANCE 2023-10 - Budget Amendments 3.21.23 council meeting
2. BA-ER Purchase for Well No. 17 (updated)
Page 15 of 36
ORDINANCE NO. 2023-10
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 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 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 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 21st day of March 2023.
THE CITY OF HUNTSVILLE, TEXAS
__________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ _____________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Page 16 of 36
Budget Amendment FY 22-23
Finance Committee March 7, 2023
Exhibit A Increase:Water Production ‐ Maint.‐Wells/Tank/Booster 46,000$
Decrease Water Projects, 30" Trans Main Continuous Improv, Construction 46,000$
Explanation:
Emergency purchase to repair damage to Well No. 17. Emergency Repairs to Well No.
17 include new pumping equipment and a new motor. The normal expected life of a
water well before a rehab is around 15 years. It has been 12 years since the last rehab of
Well 17. The decision was made to replace the well components with a vertical line
shaft well due to cost and durability. The City Manager provided a detailed explanation
of what happened with the well and repair options and pricing in his February 24, 2023
weekly update to Council. Total cost to repair the well is approximately $256,000.
Public Works has been able to come up with about $210,000 of budget from various
other operational expenditure accounts.
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CITY COUNCIL AGENDA
3/21/2023
Agenda Item Number: 1.d.
Agenda Item: Consider authorizing the City Manager to enter into additional opioid settlement
agreements, consistent with the previously adopted Texas Term Sheet.
Initiating Department/Presenter: City Manager
Presenter:
Sam Masiel, Assistant City Manager
Recommended Motion: Move to authorize the City Manager to enter into additional opioid settlement
agreements, consistent with the previously adopted Texas Term Sheet.
Strategic Initiative:
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion:
On July 23, 2021, Attorney General Paxton announced global settlements had been reached with
the three major opioid distributors for injunctive relief to the opioid crisis. The City of Huntsville is
entitled to a portion of these funds that Texas received in the amount of $75,738.84. Several
hundred political subdivisions of the state have already signed onto the settlement agreement.
There is a variety of uses to assist in the abatement of the opioid crisis including everything from
prevention/awareness to recovery. The funds are earmarked to remediate the harms caused by the
opioid epidemic and to recover the costs incurred in investigating and pursuing these claims.
On December 21, 2021 the City of Huntsville adopted Resolution No. 2021-22 to accept opioid
settlement funds in the amount of $80,373 from various companies.
This will allow the City Manager to accept the appropriated opioid settlement funds of $75,738.84 to
the City of Huntsville, and any future appointed funds. The settlement funds are from the following
companies: Allergan, CVS, Walgreens, and Walmart.
Previous Council Action: On December 21, 2021 adopted a resolution to participate to approve the
adoption of the Texas Term Sheet and the opioid settlement proceeds for political subdivisions.
Financial Implications: Item not budgeted for the amount of $75,738.84.
A budget amendment will be processed to properly appropriate funds.
Approvals:
Page 18 of 36
Leonard Schneider
Aron Kulhavy
Kristy Doll
Associated Information:
1. Opioid Settlement One Pager
2. Settlement_Participation_Form_Allergan
Page 19 of 36
SUMMARY OF PROPOSED OPIOID SETTLEMENTS
SUMMARY OF PROPOSED OPIOID SETTLEMENTS
BACKGROUND
Texas, along with a broad coalition of states and subdivisions, has
reached fnal agreements with four companies to resolve legal
claims against for their role in the opioid crisis. One agreement is
with opioid manufacturer Johnson & Johnson. The other is three
major pharmaceutical distributors: AmerisourceBergen, Cardinal
Health, and McKesson.
FINANCIAL TERMS
The two agreements provide for $26 billion in payments over
18 years, with $23.9 billion available for opioid abatement and
signifcant amounts front loaded. Funding will be distributed
to states according to the allocation agreement reached among
the Attorneys General. Subdivisions can only participate in the
agreement if their state participates. Texas’ combined share
is almost $1.5 billion: $1.17 billion from the distributors and
$268 million from J&J. Distribution within Texas is handled
through an intrastate agreement between the state and litigating
subdivisions. The funding must be used to support any of a wide
variety of strategies to fght the opioid crisis. Separate provisions
exist to compensate attorneys who have pursued opioid litigation
on behalf of states and local governments.
Once the state agrees to participate, then the more subdivisions
that join, the more money everyone in Texas will receive. Future
opioid litigation may result in suspension and reduction of
payments. Even without full resolution of claims, states and
subdivisions can still receive substantial payments by resolving a
signifcant portion of current and future claims.
INJUNCTIVE TERMS
Both agreements both contain industry-changing injunctive
terms. The distributors will be subject to more oversight and
accountability, including an independent monitor, to prevent
deliveries of opioids to pharmacies where diversion and misuse
occur. They will be required to establish and fund an independent
clearinghouse to track opioid distribution nationwide and
fag suspicious orders. J&J will be prohibited from selling or
promoting opioids.
HOW TO JOIN
To adopt the settlement and allocation schedule, you need to:
1. sign the Subdivision Settlement Participation Form;
2. adopt the Texas Term Sheet and its intrastate allocation
schedule;
3. return both to opioids@oag.texas.gov .
The deadline for states to sign on is August 21, 2021. Subdivisions
in participating states then have through January 2, 2022, to join.
FOR MORE INFORMATION, PLEASE VISIT:
www.texasattorneygeneral.gov/globalopioidsettlement
Page 20 of 36
EXHIBIT K
Subdivision and Special District Settlement Participation Form
Governmental Entity:State:
Authorized Signatory: /officialname_teva_allergan/
Address 1: /address1_teva_allergan/
Address 2: /address2_teva_allergan/
City, State, Zip: /cit_ta/ /state_ta/ /zi_ta/
Phone: /phone_teva_allergan/
Email: /email_teva_allergan/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in
consideration for the benefits provided to the Governmental Entity pursuant to the Agreement dated
November 22, 2022 (“Allergan Settlement”), and acting through the undersigned authorized official,
hereby elects to participate in the Allergan Settlement, release all Released Claims against all Released
Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Allergan Settlement, understands
that all terms in this Election and Release have the meanings defined therein, and agrees that
by this Election, the Governmental Entity elects to participate in the Allergan Settlement as
provided therein.
2.Following the execution of this Settlement Participation Form, the Governmental Entity shall
comply with Section III.B of the Allergan Settlement regarding Cessation of Litigation
Activities.
3.The Governmental Entity shall, within fourteen (14) days of the Reference Date and prior to
the filing of the Consent Judgment, file a request to dismiss with prejudice any Released
Claims that it has filed. With respect to any Released Claims pending in In re National
Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the MDL
Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a
Stipulation of Dismissal With Prejudice substantially in the form found at
https://nationalopioidsettlement.com.
4.The Governmental Entity agrees to the terms of the Allergan Settlement pertaining to
Subdivisions and Special Districts as defined therein.
5.By agreeing to the terms of the Allergan Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
6.The Governmental Entity agrees to use any monies it receives through the Allergan Settlement
solely for the purposes provided therein.
1
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7.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s
state where the Consent Judgment is filed for purposes limited to that court’s role as provided
in, and for resolving disputes to the extent provided in, the Allergan Settlement.
8.The Governmental Entity has the right to enforce the Allergan Settlement as provided therein.
9.The Governmental Entity, as a Participating Subdivision or Participating Special District,
hereby becomes a Releasor for all purposes in the Allergan Settlement, including, but not
limited to, all provisions of Section V (Release), and along with all departments, agencies,
divisions, boards, commissions, Subdivisions, districts, instrumentalities of any kind and
attorneys, and any person in their official capacity whether elected or appointed to serve any of
the foregoing and any agency, person, or other entity claiming by or through any of the
foregoing, and any other entity identified in the definition of Releasor, provides for a release to
the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely,
unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist in
bringing, or permit to be brought, filed, or claimed, or to otherwise seek to establish liability
for any Released Claims against any Released Entity in any forum whatsoever. The releases
provided for in the Allergan Settlement are intended to be broad and shall be interpreted so as
to give the Released Entities the broadest possible bar against any liability relating in any way
to Released Claims and extend to the full extent of the power of the Governmental Entity to
release claims. The Allergan Settlement shall be a complete bar to any Released Claim.
10.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision or Participating Special District as set forth in the Allergan Settlement.
11.In connection with the releases provided for in the Allergan Settlement, each Governmental
Entity expressly waives, releases, and forever discharges any and all provisions, rights, and
benefits conferred by any law of any state or territory of the United States or other jurisdiction,
or principle of common law, which is similar, comparable, or equivalent to § 1542 of the
California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that the
creditor or releasing party does not know or suspect to exist in his or her favor
at the time of executing the release that, if known by him or her, would have
materially affected his or her settlement with the debtor or released party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes, or assumes to be true with respect to the Released Claims, but each Governmental
Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges,
upon the Effective Date, any and all Released Claims that may exist as of such date but which
Releasors do not know or suspect to exist, whether through ignorance, oversight, error,
negligence or through no fault whatsoever, and which, if known, would materially affect the
Governmental Entities’ decision to participate in the Allergan Settlement.
12.Nothing herein is intended to modify in any way the terms of the Allergan Settlement, to
which the Governmental Entity hereby agrees. To the extent this Settlement Participation
Form is interpreted differently from the Allergan Settlement in any respect, the Allergan
Settlement controls.
2
Page 22 of 36
I have all necessary power and authorization to execute this Settlement Participation Form on behalf
of the Governmental Entity.
Signature:/signer_1_teva_allergan/
Name:/name_1_teva_allergan/
Title:/title_1_teva_allergan/
Date:/date_1_teva_allergan/
3
Page 23 of 36
CITY COUNCIL AGENDA
3/21/2023
Agenda Item Number: 2.a.
Agenda Item: Receive presentation from Pattillo, Brown, and Hill, LLP, CPAs and consider acceptance of
the audit for FY 21-22.
Initiating Department/Presenter: Finance
Presenter:
Steve Ritter, Finance Director
Recommended Motion: Move to accept the FY 21-22 audit from Pattillo, Brown and Hill, LLP, CPAs.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: By Charter and State Statutes the City is required to have a financial audit annually by a
Certified Public Accountant. The Finance Committee received a presentation at its March 7, 2023
meeting.
The CPA firm of Pattillo, Brown and Hill has performed the audits for the 10 previous fiscal years and the
City Council approved engaging/renewing Pattillo, Brown & Hill as the City’s auditors for the 21-22 and
the following four fiscal years at a meeting on June 21, 2022. This was the eleventh year for the firm as
the City’s auditors.
Previous Council Action: None
Financial Implications: None
Approvals:
Steve Ritter
Leonard Schneider
Aron Kulhavy
Kristy Doll
Associated Information:
Page 24 of 36
CITY COUNCIL AGENDA
3/21/2023
Agenda Item Number: 2.b.
Agenda Item: FIRST READING: Consider adoption of Ordinance No. 2023-8 Development Code
Amendment - Prohibited Signs, amending Article 8 of the Huntsville Development Code.
Initiating Department/Presenter: Development Services
Presenter:
Kevin Byal, Director of Development Services
Recommended Motion: First Reading - No action necessary.
Strategic Initiative: Goal #7, Public Safety - Provide safety and security for all citizens.
Discussion: This item was discussed in the public hearing.
Over the past several months, there has been an increase in the presence of trucks designed solely for
the purpose of mobile advertising or mobile billboards, driving about the city and parking near major
intersections. These vehicles are designed only for displaying advertisements and for no other purpose.
The City of Huntsville sign code is designed to provide for advertising in an orderly and safe manner.
The type of mobile billboards that we are seeing do not adhere to the standards as they can be
distracting and cause visibility obstruction for traffic.
The amendment that is being proposed, if adopted by Council, will prohibit mobile advertising that is
designed for no other reason but mobile advertising. Consideration has been taken so this amendment
will not affect advertisements customally found on commercial service or delivery vehicles.
At the March 2, 2023, Planning Commission meeting, staff presented the revisions to the Commission
and they unanimously recommended approval.
Previous Council Action: None.
Financial Implications: None
Approvals:
Aron Kulhavy
Kristy Doll
Associated Information:
1. Ord. 2023-8 Amending Dev Code Art. 12
2. Exhibit A_Prohibited Mobile Signs
Page 25 of 36
ORDINANCE NO. 2023-8
AN ORDINANCE OF THE CITY OF HUNTSVILLE AMENDING CHAPTER 24 LAND
DEVELOPMENT OF THE HUNTSVILLE, TEXAS CODE OF ORDINANCES BY
ADOPTING REVISIONS TO THE DEVELOPMENT CODE OF THE CITY OF
HUNTSVILLE, TEXAS; REQUIRING THE PUBLICATION OF THIS ORDINANCE;
PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ORDINANCES IN
CONFLICT WITH THIS ORDINANCE; PROVIDING FOR A PENALTY; MAKING
OTHER PROVISIONS AND FINDINGS THERETO; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the Development Code of the City of Huntsville, Texas Article 8 “Signs” seeks to
balance the public interest in promoting a safe, well-maintained, and attractive City with the
interests of businesses, organizations, and individuals who rely on signs as a means to identify
and advertise products, services, and ideas:
WHEREAS, the Development Code of the City of Huntsville, Texas Article 8.200 “Prohibited
Signs” identifies signs and sign characteristics that are prohibited so as to protect the safety and
welfare of the public by minimizing sign-related hazards to pedestrian and vehicular traffic; to
promote the reasonable, orderly and effective display of signs by minimizing visual clutter; to
minimize the possible adverse effects of signs on nearby public and private property, in particular
on residential uses and districts: and
WHEREAS, the Planning Commission reviewed and recommended adopting the updates to the
City of Huntsville Development Code; and
WHEREAS, the City Council held a public hearing at their meeting on March 21, 2023, prior to
consideration of amending the Ordinance:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, COUNTY OF WALKER, STATE OF TEXAS:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be
true and correct and are hereby adopted, ratified, and confirmed.
SECTION 2: The City of Huntsville Development Code Section 8.200 “Prohibited Signs”, shall
be amended as shown in Exhibit A attached hereto and incorporated herein.
SECTION 3:All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same are hereby, repealed and all other ordinances
of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect.
SECTION 4:Should any paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this Ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional.
Page 26 of 36
SECTION 5:This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Article 4.14 of the Charter of the City of Huntsville, Texas.
SECTION 6: It is hereby officially found and determined that the meeting at which this Ordinance
was passed was open to the public and that public notice of the time, place and purpose of said
meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government
Code. Notice was also provided as required by Chapter 1 of the Development Code of the City of
Huntsville, Texas.
PASSED AND APPROVED on this the _______ day of _____________________, _________
THE CITY OF HUNTSVILLE, TEXAS
_________________________________
Andy Brauninger, Mayor
ATTEST:
_____________________________
Kristy Doll, City Secretary
APPROVED AS TO FORM:
_____________________________
Leonard Schneider, City Attorney
Page 27 of 36
EXHIBIT A
8.211
Signs placed, attached, connected to or painted on a licensed or unlicensed motorized, nonmotorized
or towed vehicle if the sign: (1) directs attention to a business, service, commodity, or activity offered
or sold on or off the premises; and (2) if the vehicle is parked closer to the street than the
nearest building wall (does not apply to vehicles parked for the purpose of immediate loading and
unloading); (3) if the vehicle is used primarily for the display of such sign(s), whether parked or in
motion. This chapter shall not prohibit the identification of a business or its products or services on
a vehicle(s) operated or parked in a manner appropriate to the normal course of business except the
business of advertising.
Page 28 of 36
CITY COUNCIL AGENDA
3/21/2023
Agenda Item Number: 2.c.
Agenda Item: FIRST READING: Consider adoption of Ordinance No. 2023-9 suspending the rates
proposed by Centerpoint Energy Resources Corp., d/b/a Centerpoint Energy Entex Gas Reliability
Infrastructure Program (“GRIP”) filing made with the City on March 2, 2023.
Initiating Department/Presenter: City Attorney
Presenter:
Leonard Schneider, City Attorney
Recommended Motion: The Council has until after April 18, 2023, to pass this Ordinance. However,
if the Council wishes to waive the two-reading requirement: Move to temporarily suspend the rules
of procedure by waiving the two-reading requirement and to adopt Ordinance 2023-9 suspending
the rates proposed by Centerpoint Entergy Resources Corp. d/b/a Centerpoint Energy Entex Gas
Reliability Infrastructure Program (GRIP) filing made with the City on March 2, 2023.
Strategic Initiative: Goal #6, Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: On March 2, 2023, CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Entex
and CenterPoint Energy Texas Gas (“CenterPoint” or “Company”) filed a Gas Reliability Infrastructure
Program (“GRIP”) adjustment factor with each of the communities in the Beaumont/East Texas Division
of the Company. The Company is authorized to make annual GRIP rate change requests pursuant to the
Gas Utility Regulatory Act, TEX. UTIL. CODE § 104.301 (“GRIP Statute”) also see Section 7.7101 of the
Railroad Commission of Texas (“Commission”) Gas Services Division Rules. The GRIP Statute authorizes
gas utility companies to request annual rate increases associated with year-to-year changes in
incremental investment. The changes in investment are not subject to reasonableness review in the
GRIP filing. Instead, all amounts collected under a GRIP filing are considered interim rates subject to
review and refund in the Company’s next base rate proceeding.
The GRIP Statute provides that the proposed GRIP rate surcharge will become effective 60 days from the
date of the Company's filing or May 1, 2023, unless suspended by the Cities. Cities may suspend the
GRIP rate increase for an additional 45 days beyond the Company's proposed effective date of May 1,
2023, while reviewing the GRIP application. The review process of a GRJP filing is generally a ministerial
review limited to ensuring that the GRIP filing complies with the GRIP Statute.
Previous Council Action: The City for the past several years has participated to suspended the proposed
GRIP rate surcharge to allow review by the Lawton Law Firm to make sure that the Company’s filing for
the annual rate increase complies and follows the GRIP statute. This action is taken yearly.
Financial Implications: Not applicable
Page 29 of 36
Approvals:
Aron Kulhavy
Kristy Doll
Associated Information:
1. CP 2023 GRIP Susp ORD 2023-9
Page 30 of 36
ORDINANCE NO. 2023-9
ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS SUSPENDING
THE RATES PROPOSED BY CENTERPOINT ENERGY RESOURCES
CORP., d/b/a CENTERPOINT ENERGY ENTEX AND CENTERPOINT
ENERGY TEXAS GAS (“CENTERPOINT” OR “COMPANY”)
COMPANY’S GAS RELIABILITY INFRASTRUCTURE PROGRAM
(“GRIP”) FILING MADE WITH THE CITY ON MARCH 2, 2023;
FINDING THAT THE MEETING COMPLIES WITH THE OPEN
MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE
DATE
WHEREAS, on or about March 2, 2023, CenterPoint Energy Resources Corp.,
d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas (“CenterPoint” or
“Company”) filed an Annual GRIP adjustment for the Beaumont/East Texas Division with
the City of Huntsville (“City”) to increase gas rates in the Beaumont/East Texas Division
Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL. CODE (“Gas Utility
Regulatory Act”) § 104.301; and
WHEREAS, the Company proposed an effective date for the proposed increase of
May 1, 2023, unless the City suspends the date for a period no longer than forty-five (45)
days; and
WHEREAS, City has exclusive original jurisdiction over the rates, operations and
services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act
§ 103.001; and
WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process
for the recovery of the costs of incremental investment by a gas utility; and
WHEREAS, the City’s review of CenterPoint’s GRIP filing is limited to a
ministerial review of the filing for compliance with the statute; and
WHEREAS, the City finds the need to suspend the effective date of CenterPoint’s
proposed rate increase for 45 days beyond the Company’s proposed effective date until
June 15, 2023 in order to review the Company’s filing for compliance with Gas Utility
Regulatory Act § 104.301; and
WHEREAS, the reasonableness of the Company’s investment will be reviewed in
CenterPoint’s future base rate case where all costs included in CenterPoint’s GRIP filing
will be subject to refund.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, THAT:
Page 31 of 36
Section 1. That the statement and findings set out in the preamble to this
ordinance are hereby in all things approved and adopted.
Section 2. The effective date of the Company’s proposed GRIP rate increase,
and the proposed tariffs related thereto, is hereby suspended until June 15, 2023.
Section 3. To the extent the City finds that the rates proposed by CenterPoint’s
filing comply with Gas Utility Regulatory Act § 104.301, then the rates will become
effective by operation of law on June 15, 2023.
Section 4. The meeting at which the ordinance was approved was in all things
conducted in strict compliance with the Texas Open Meetings Act, Texas Government
Code, Chapter 551.
Section 5. This Ordinance shall become effective from and after its passage.
First Reading: March 21, 2023
PASSED AND APPROVED on this _____ day of March 2023.
CITY OF HUNTSVILLE, TEXAS
By: ______________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Kristy Doll, City Secretary Leonard Schneider, City Attorney
Page 32 of 36
CITY COUNCIL AGENDA
3/21/2023
Agenda Item Number: 3.a.
Agenda Item: Consider action to appoint a member to City Council Ward One Position for the
unexpired term.
Initiating Department/Presenter: City Council
Presenter:
Andy Brauninger, Mayor
Recommended Motion: Recommended Motion: Should the Council choose to,
1. Move to nominate ___________ to the Ward One Position; or
2. Take no action on this item.
Strategic Initiative:
Discussion: The Huntsville City Charter states that if less than 12 months, Council may appoint a person
to fill the vacancy or call a special election. Council can also choose to take no action and leave the
position vacant until the November election is held.
Sec. 4.17. - Vacancies in the office of councilmember.
For vacancies in the office of Councilmember arising from any cause, for an expired term of twelve
months or less, the remaining members of the City Council may appoint a person to serve as a
Councilmember or call a special election to be held on the first uniform election date not earlier than 30
days after the vacancy occurs. The City Council shall not appoint more than one Councilmember in any
twelve-month period.
Previous Council Action:
Financial Implications:
Approvals:
Aron Kulhavy
Kristy Doll
Associated Information:
1. Councilmember Daiquiri Beebe Resignation 3-7-2023
Page 33 of 36
Page 34 of 36
CITY COUNCIL AGENDA
3/21/2023
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 Dallas, Fort Worth, Houston, et al v Disney DTC,
LLC, Hulu, LLC and Netflix, Inc, Cause No. DC-22-09128 the 14th District Court of Dallas County.
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 35 of 36
CITY COUNCIL AGENDA
3/21/2023
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 for City of Huntsville vs. Walker County 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:
Page 36 of 36