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1-21-2020 amended packet_202001171442102618 CITY OF HUNTSVILLE, TEXAS Andy Brauninger, Mayor HUNTSVILLE CITY COUNCIL AGENDA AMENDED TUESDAY, JANUARY 21, 2020 REGULAR SESSION 6:00 P.M. CITY COUNCIL CHAMBERS & LARGE CONFERENCE ROOM HUNTSVILLE CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS 77340 Persons with disabilities who plan to attend this meeting and who 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. PROCLAMATIONS - Crime Stoppers Month - Boys II Men recognition 1. CONSENT AGENDA Public comments will be called for by the presiding officer before action is taken on these items. (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.) a. Approve the minutes of the City Council meeting held on January 7, 2020, and Strategic Planning held on January 14, 2020 and January 16, 2020. [Brenda Poe, City Secretary] b. Consider adoption of Ordinance 2020-13 to amend the budget for FY 19-20 and/or CIP Project budgets. [Steve Ritter, Finance Director] c. Consider the approval of a City uniform rental and cleaning services for a term of two (2) years plus one (1) two-year renewal. [Brent Sherrod, P.E., Director of Public Works] d. Consider authorizing the award of a bid for the purchase and installation of a flexible liner for the Spring Lake Water Plant backwash tank. [Brent Sherrod, P.E., Director of Public Works] 2. STATUTORY AGENDA a. Consider adoption of Ordinance No. 2020-14 amending Speed Zones on State Highway 75 in the City of Huntsville City limit to establish a School Zone adjacent to Classical Academy of Huntsville. [Y. S. “Ram” Ramachandra, City Engineer] 3. CITY COUNICL/CITY MANAGER/CITY ATTORNEY a. FIRST READING - Consider adoption of Ordinance 2020-15 authorizing annual participation with other Entergy service area cities in matters concerning Entergy Texas, Inc, at the Public Utility Commission and the Federal Energy Regulatory Commission in 2020, first reading. [Leonard Schneider, City Attorney] b. Consider authorizing the City Manager to amend a lease agreement with Sealark Investments, LLC for an oil, gas, and mineral lease covering lands situated in Walker County, Texas. [Aron Kulhavy, City Manager] Paul Davidhizar, Position 1 At-Large Dee Howard Mullins, Position 2 At-Large Clyde D. Loll, Position 3 At-Large Mari Montgomery, Position 4 At-Large Daiquiri Beebe, Ward 1 Russell Humphrey, Ward 2 Blake Irving, Ward 3 Mayor Pro Tem Joe P. Rodriquez, Ward 4 4. REQUESTS FOR CITIZEN PARTICIPATION An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken. a. Ethel Hawkins would like to discuss Strong Women Stand Together – “Taking a Stance Against Homelessness in Huntsville, Texas”. 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA 6. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff, for which no action will be discussed or taken.) 7. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, 551.071 to receive legal advice on the annexation of Area E and the annexation of areas “A” thru “G” and lawsuits filed in Cause No. 1929442, Billingsley, et al v City of Huntsville, regarding said annexation. [Leonard Schneider, City Attorney] b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, 551.071 to receive legal advice on an agreement to construct public improvements between the City and Amstad Huntsville 1791, LP. [Leonard Schneider, City Attorney] 8. RECONVENE Take action on items 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, Brenda Poe, City Secretary, do hereby certify that a copy of the January 21, 2020 City Council agenda 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: 1/16/2020 1/17/2020 TIME OF POSTING: 4:00 pm 2:08 pm ____________________________ TAKEN DOWN: Brenda Poe, City Secretary Brenda Poe MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 7th DAY OF JANUARY 2020, 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 regular session with the following: COUNCILMEMBERS PRESENT: Andy Brauninger, Daiquiri Beebe, Blake Irving, Russell Humphrey, Clyde D. Loll, Dee Howard Mullins, Paul Davidhizar, Joe P. Rodriquez, COUNCILMEMBERS ABSENT: Mari Montgomery OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, City Secretary; Leonard Schneider, City Attorney WORKSHOP [5:00 P.M.] City Council heard a presentation on landscaping from the Texas Department of Transportation on I-45 segment 2A by Neal Riddle, Bryan District Transportation Engineer, and Stephen Copley, Bryan District Landscape Architect. MAIN SESSION [6:00 P.M.] CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES U.S. Flag Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Councilmember Humphrey gave the invocation and Mayor Brauninger led the pledges. PUBLIC HEARING - Public hearing to hear comments on the Conditional Use Permit Application for a “Purpose-Built Shared Housing, Detached” project to be developed on property located in the 1300 Block of Windsor Street. The hearing was opened at 6:01 p.m. Planner Leigha Larkins described the CUP and agreements made with the requestor and the City. The hearing closed at 6:07 p.m. - Public hearing to hear comments on the Conditional Use Permit Application for a “Purpose-Built Shared Housing, Attached” project to be developed on property located in the 3600 Block of Boettcher Drive. The hearing was opened at 6:08 p.m. Planner Leigha Larkins described the CUP and agreements made with the requestor and the City. The applicant, Charles Vincent, explained his request and reason for his designs. The hearing closed at 6:20 p.m. 1. CONSENT AGENDA Public Comments will be called for by the presiding officer before action is taken on these items. (Approval of Consent Agenda authorizes the City Manager to implement each item in accordance with staff recommendations. An item may be removed from the Consent Agenda and added to the Statutory Agenda for full discussion by request of a member of Council.) a. Approve the minutes of the City Council meeting held on December 17, 2019. [Brenda Poe, City Secretary] b. Consider authorizing the City Manager to enter into an agreement with Strand Associates, Inc. for professional engineering services for NB-06 Sanitary Sewer Basin Rehabilitation Project, Project No. 20-10-06. [Y. S. “Ram” Ramachandra, City Engineer] c. Consider the approval of supply contracts for chemicals used in water and wastewater treatment throughout the City with a term of one (1) year plus one (1) year renewal. [Brent Sherrod, P.E., Director of Public Works] d. Consider authorizing the City Manager to execute Change Order No. 4 for Sanitary Sewer Line Replacement (IH-45 to Water’s Edge Lift Station) Project - Project #16-10-05 and adopt Ordinance 2020-12 for the associated budget amendment. [Y. S. “Ram” Ramachandra, City Engineer] Councilmember Beebe made a motion to approve the consent agenda; the motion was seconded by Councilmember Howard Mullins. City Secretary Poe noted the date of the minutes submitted should read December 17th, 2019. Councilmember Beebe amended her motion to include a correction to Exhibit A explanation to read the balance will be $252,968. The motion with the correction was adopted, 8-0. 2. STATUTORY AGENDA a. Consider the Conditional Use Permit Application for a “Purpose-Built Shared Housing, Detached” project to be developed on property located in the 1300 Block of Windsor Street. [Planning] Councilmember Davidhizar made a motion to approve Conditional Use Permit Application #02-2019, allowing a “Purpose-Built Shared Housing, Detached” project to be developed on property located in the 1300 Block of Windsor Street as recommended by the Planning Commission; the motion was seconded by Councilmember Howard Mullins. The motion was adopted 7-1, with Councilmember Irving voting against. b. Consider the Conditional Use Permit Application for a “Purpose-Built Shared Housing, Attached” project to be developed on property located in the 3600 Block of Boettcher Drive. [Planning] Councilmember Loll made a motion to approve Conditional Use Permit Application #03-2019, allowing a “Purpose-Built Shared Housing, Attached” project to be developed on property located in the 3600 Block of Boettcher Drive as recommended by the Planning Commission; the motion was seconded by Councilmember Rodriquez. The motion was adopted, 7-1, with Councilmember Irving voting against. 3. REQUESTS FOR CITIZEN PARTICIPATION An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken. a. Ethel Hawkins would like to discuss the Honorable Mayor Andy Brauninger Mayor’s Roundtable Taking a Stance Against Homelessness – “Dribble Against Homelessness!!!” Ethel Hawkins was not in attendance. 4. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA None. 5. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff, for which no action will be discussed or taken.) Mayor Brauninger said he was supporting HEB will be holding their annual Souper Bowl of Caring and I will be kicking it off tomorrow to Tackle Hunger. The campaign runs through the Super Bowl Sunday and all $5 pre-made bags of food go to local food banks. On another note, the Council will be hold two Strategic Planning sessions next week. We look forward to planning for another successful year in Home Sweet Huntsville. Councilmember Irving spoke about his 2020 Meet & Greet hosted by me from 5 to 7:30 p.m. Monday, January 13th at the MLK Center. This is an opportunity for citizens to get a chance to meet your councilmember. I have it on good authority that Councilmember Beebe and Howard Mullins and City Manager Kulhavy will be in attendance. Please come out and help me build a strong relationship with you. Councilmember Beebe invited the public to the annual MLK Day Parade, themed "I have a dream", will be held on Monday, January 20. The parade starts at 10 a.m. at Sam Houston Cultural Center, at Ave P & 10th St. and will travel down 10th Street to Emancipation Park and the MLK Center. The annual Celebration, themed “Leading for Change”, will begin at noon at the MLK Recreation Center. The public is invited to attend and enjoy the day. Councilmember Howard Mullins encouraged small businesses to look into the Texas Back in Business, a program for small businesses damaged by Hurricane Harvey by the Texas General Land Office. The Texas Back in Business program launched on Monday, December 2, 2019, and qualified Texas small business owners have until March 2, 2020, to apply at no cost online at TexasBackInBusiness.com. 6. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, 551.071 to receive legal advice on the annexation of Area E and the annexation of areas “A” thru “G” and lawsuits filed in Cause No. 1929442, Billingsley, et al v City of Huntsville, regarding said annexation. [Leonard Schneider, City Attorney] The Council adjourned to Executive Session at 6:33 p.m. 7. RECONVENE The Council reconvened at 6:41 p.m. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 6:41 p.m. Brenda Poe, City Secretary ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Brenda Poe, City Secretary Andy Brauninger, Mayor MINUTES FROM THE HUNTSVILLE CITY COUNCIL SPECIAL MEETING HELD ON THE 14TH DAY OF JANUARY 2020, IN THE CITY LIBRARY, LOCATED AT 1219 13TH STREET, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 5:00 P.M. The Council met in a special session with the following: COUNCILMEMBERS PRESENT: Andy Brauninger, Russell Humphrey, Paul Davidhizar, Clyde D. Loll, Dee Howard Mullins, Daiquiri Beebe COUNCILMEMBERS ABSENT: Mari Montgomery, Joe P. Rodriquez OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, City Secretary MAIN SESSION [5:00 p.m.] The Mayor called the session to order at 5:00 p.m. The City Council, City Manager, and staff discussed possible strategic goals for 2020. The session was adjourned at 7:43 p.m. Brenda Poe, City Secretary MINUTES FROM THE HUNTSVILLE CITY COUNCIL SPECIAL MEETING HELD ON THE 16TH DAY OF JANUARY 2020, IN THE CITY LIBRARY, LOCATED AT 1219 13TH STREET, IN THE CITY OF HUNTSVILLE, COUNTY OF WALKER, TEXAS, AT 5:00 P.M. The Council met in a special session with the following: COUNCILMEMBERS PRESENT: Andy Brauninger, Russell Humphrey, Paul Davidhizar, Dee Howard Mullins (left at 7:20 p.m.), Daiquiri Beebe, Mari Montgomery (left at 6:10 p.m.), Joe P. Rodriquez COUNCILMEMBERS ABSENT: Clyde D. Loll OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, City Secretary MAIN SESSION [5:00 p.m.] The Mayor called the session to order at 5:00 p.m. The City Council, City Manager, and staff discussed possible strategic goals for 2020. The session was adjourned at 7:33 p.m. Brenda Poe, City Secretary Agenda Item # 1b Item/Subject: Consider adoption of Ordinance 2020-13 to amend the budget for FY 19-20 and/or CIP Project budgets. Initiating Department/Presenter: Finance Presenter: Steve Ritter – Finance Director Recommended Motion: Move to adopt Ordinance 2020-13 to amend the budget for FY 19-20 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 is provided in the attachment, Exhibit A, to the Ordinance. These Budget Amendments were presented to the Finance Committee at their January 7, 2020 meeting. Previous Council Action: None. Financial Implications: ☒ See the attached Ordinance and related Budget Amendments (Exhibit A) Approvals: ☐City Attorney ☒Director of Finance ☒City Manager Associated Information: • Ordinance 2020-13, page 2 • Exhibit A (list of budget amendments), page 3 1/21/2020 Agenda Item: 1b CITY COUNCIL AGENDA Agenda Item # 1b ORDINANCE NO. 2020-13 AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE 2019- 2020 ANNUAL BUDGET AND CAPITAL IMPROVEMENTS PROJECTS (CIP) BUDGETS, ORDINANCE NO. 2019-52 TO AMEND ADOPTED EXPENDITURES OF THE BUDGET; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the 2019-2020 Annual Budget and CIP Budgets were adopted by Ordinance 2019-52 on September 17, 2019; 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 2019 – 2020 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 2019 – 2020 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 2019 – 2020 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 January 2020. THE CITY OF HUNTSVILLE, TEXAS __________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ _____________________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney Agenda Item # 1b Exhibit A Budget Amendments FY 19-20 January 21, 2020 Increase: Public Safety Grants Fund - Revenue $ 46,820 Increase: Public Safety Grants Fund - Grant Expenses $ 46,820 Explanation: The City Council approved application for this federal Homeland Security Grant on February 5, 2019. The grant application was for the purchase of SWAT night vision equipment. The grant application was made through HGAC through the Office of the Governor's Criminal Justice Division. The City was awarded the grant on October 10, 2019. The grant award was for a maximum of $46,968. However, actual costs will be $46,820 which is the amount the City will receive reimbursement for. This Budget Amendment will provide budget for the purchase of the equipment and grant reimbursement revenue. Increase: Public Safety Grants Fund - Revenue $ 10,565 Increase: Public Safety Grants Fund - Grant Expenses $ 10,565 Explanation: The City Council approved application for this federal Justice Assistance Grant on February 5, 2019. The grant application was for the purchase of redaction software (for PD to redact various aspects of In Car Video Systems (ICVS) and Body Worn Camera (BWC) video as required by law). The grant application was made through HGAC through the Office of the Governor's Criminal Justice Division. The City was awarded the grant on October 3, 2019. The grant award is for $10,565. This Budget Amendment will provide budget for the purchase of the equipment and grant reimbursement revenue. Increase: Public Safety Grants Fund - Revenue $ 12,451 Increase: Public Safety Grants Fund - Grant Expenses $ 12,451 Explanation: The City Council approved application for this federal Justice Assistance Grant on August 20, 2019. The grant application was for the purchase of 2 handheld radios for City of Huntsville Police Department (in the amount of $6,225.50) and a Finger Print testing Kit for Walker County Sheriff's Dept. (in the amount of $6,225.50). The grant application was made through the U.S. Department of Justice, Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The City was awarded the grant on September 18, 2019. The grant award is for $12,451. This Budget Amendment will provide budget for the purchase of the equipment and grant reimbursement revenue. Increase: General Fund - Grants Revenue $ 22,742 Increase: General Fund - Fire - Training $ 22,742 Explanation: The City Council approved application for this federal Homeland Security Grant on February 5, 2019. The grant application was for Hazardous Materials (HazMat) training for the Fire Department. The grant application was made through HGAC. The City was awarded the grant on October 10, 2019. The grant award is for $22,742. This Budget Amendment will provide budget for the cost of the HazMat training and grant reimbursement revenue. Agenda Item #1c Item/Subject: Consider the approval of a City uniform rental and cleaning services for a term of two (2) years plus one (1) two-year renewal. Initiating Department/Presenter: Public Works Presenter: Brent S. Sherrod, P.E., Director of Public Works Recommended Motion: Move to approve the award of City uniform rental and cleaning services to Cintas at the unit prices as highlighted in the attached tabulation for a term of two (2) years plus one (1) two-year renewal. Strategic Initiative: 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 typically provides City crews with work uniforms, primarily for safety and identification purposes. The uniforms are sturdy and intended to provide safety for employees working in or around potentially harmful environments (i.e., City Water & Wastewater (WW) plants), and to provide a means for citizen recognition of these employees as City personnel while performing services in the community (i.e., water meter reads/replacements, Water/WW repairs). Currently, the City provides uniform rental/cleaning services for approximately 90 City employees, with current annual uniform expenditure of approximately $50,000 within Public Works and Parks Departments. The City issued Bid No. 20-02 for a term agreement to provide for the uniform rentals and associated cleaning services. Bid specifications provide for 12 pairs of jean/denim pants and 12 button-down or polo style shirts, with weekly cleaning/garment delivery. The 12 garment sets per employee provides for a weekly supply of clean uniforms plus two spares, in the event an employee is required for weekend duty. The bid notice was published in the City’s newspaper of record and posted on the City website in accordance with Purchasing policy, in addition to direct email notices provided to interested parties. Only one (1) bid response was received as reflected in the attached bid tabulation, that being from Cintas, the City’s current uniform provider. A second bidder, a participant in the City’s previous uniform bid, intended to bid but delivered its response late and to an incorrect location, rendering the bid non- responsive and thus was unopened. While only one bid response was received, staff believes the Cintas bid to be highly competitive, as all unit costs bid are identical to, or in the case of polo shirts, lower than, that awarded by City Council to Cintas in May 2015 as the lowest-bidder in the previous uniform solicitation. The jackets referenced in bid tabulation are not included in standard uniform but may be purchased by employees at their own expense if they wish; however, the City provides a more reflective and weatherproof jacket for field personnel which are purchased from another vendor. The bid specifications also included rental and cleaning services for building entry mats (currently used at Library, City Hall and Solid Waste) – the unit prices bid by Cintas for mat rentals are also identical to that awarded by City Council in May 2015. 1/21/20 Agenda Item: 1c CITY COUNCIL AGENDA Agenda Item #1c Previous Council Action: Previous uniform/mat rental and cleaning services contract was awarded in May 2015, at the pricing reflected in the pertinent column of the attached bid tabulation. Financial Implications: ☒Item is budgeted: Various divisional budgets In the amount of $ _70,065 (amount in the associated PW and Parks operating budgets). Approvals: ☐City Attorney ☒Director of Finance ☒City Manager Associated Information: • Bid Tabulation for City Bid No. 20-02, Uniform Rental & Cleaning Services, opened 12/4/19. Bid No. 20-02 Uniform Rental and Cleaning Services Line Item Description Brand name, model number and page # listed in catalogue Expiring Contract Unit Price per Week 1 Work pants for men and/or women as described in specifications Dickie 894 Pg 13 0.33 2 Work shirts for men and/or women as described in specifications. Long and short sleeves Comfort Shirt 935 Pg 5 0.25 3 Carpenter pants for men and/or women as described in specifications (no loop). Carhart 382 Pg 19 0.60 4 Cargo pants for men and/or women as described in specifications Cargo Pant 270 Pg 19 0.35 5 100% cotton work shirt for men and/or women Cotton 330 Pg 31 0.29 6 Polo shirts for men and/or women as described in specifications Performance 275 Pg 11 0.32 Line Item Description Weekly Unit Price Bi-Weekly Unit Price Expiring Contract Weekly Unit Price Expiring Contract Bi- Weekly Unit Price 1 Entry-door mats as requested for specified City buildings. Mats are to be cleaned and replaced bi-weekly. 3x5 = 3.05 4X6 = 3.75 3X10 = 5.00 3x5 = 4.58 4X6 = 5.63 3X10 = 7.50 3x5 = 3.05 4X6 = 3.75 3X10 = 5.00 3x5 = 4.58 4X6 = 5.63 3X10 = 7.50 2 Add on price for colored mats No Charge No Charge No Charge No Charge Line Item Description Brand name and model number Expiring Contract Unit Price 1. Uniform Jackets (Option #1) as described in specifications Cintas 970 42.99 2. Uniform Jackets (Option #2) As described in specifications Cintas 399 67.99 Current Bid Award Unit Price 42.99 67.99 JACKETS AND CATALOG ITEM PRICING 0.29 0.28 MATS UNIFORM SHIRTS/PANTS Cintas Current Bid Award Unit Price per Week 0.33 0.25 0.60 0.35 3. Catalog discount percentage for all items not listed Catalog 10%5% Agenda Item #1d Item/Subject: Consider authorizing the award of a bid for the purchase and installation of a flexible liner for the Spring Lake Water Plant backwash tank. Initiating Department/Presenter: Public Works Presenter: Brent S. Sherrod, P.E., Public Works Director Recommended Motion: Move to authorize the award of a bid to AmTech Coatings LLC in the amount of $60,000 for the purchase and installation of a flexible liner for the Spring Lake WP backwash tank. 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: City Purchasing staff opened a bid on December 23, 2019 for the purchase and installation of a flexible liner for the Spring Lake WP 35,000-gallon concrete backwash tank. One bid was received from AmTech Coatings LLC in the above-referenced amount of $60,000. The bid notice was published in the City’s newspaper of record in accordance with Purchasing policy and Texas statute, and posted on the City website and external bidding platforms. The backwash tank was constructed in 2008 and the exterior walls have developed cracks which allow seepage of water from the tank, cracks which are increasing in severity over time. It is believed that the cracks are primarily attributable to the original construction quality and to the shifting nature of the fine sand soil upon which the tank sits. While the tank leaks do not pose any danger to the surrounding environment, the resultant erosion is detrimental to the integrity of the concrete and continued leakage could result in the tank not passing the required annual inspection by the Texas Commission on Environmental Quality (TCEQ). For this reason, Public Works and Purchasing staff developed a bid for a liner which will seal the tank, and which is flexible to allow the liner to “move” with the tank as the supporting soil shifts over time. The product bid by AmTech appears to be particularly well-suited to this application, and Public Works management personnel have verified references for the company with the consensus opinion being that AmTech offers a high-quality product and very reliable installation. The liner is warranted against defective materials or workmanship for seven (7) years. AmTech Coatings LLC is recommended by Public Works management staff for this award as Public Works management believes that installation of this liner will improve the tank to its best condition since construction and will substantially enhance the tank’s useful life. Previous Council Action: None Financial Implications: ☒Item is budgeted: 220-361-69020 In the amount of $ 145,000 Approvals: ☒City Attorney ☒Director of Finance ☒City Manager Associated Information: Bid Tabulation 1/21/2020 Agenda Item: 1d CITY COUNCIL AGENDA Agenda Item #2a Item/Subject: Consider adopting Ordinance No. 2020-14 amending Speed Zones on State Highway 75 in the City of Huntsville City limit to establish a School Zone adjacent to Classical Academy of Huntsville. First Reading Initiating Department/Presenter: Engineering Presenter: Y. S. “Ram” Ramachandra, City Engineer Recommended Motion: First reading-no action required Should the Council take action to waive the two reading requirement: Move to adopt Ordinance No. 2020-14 amending Speed Zones on State Highway 75 in the City of Huntsville City limits to establish a School Zone adjacent to Classical Academy of Huntsville. 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: Texas Department of Transportation (TxDOT) has approached the City with a proposal to amend the existing Speed Zone Ordinance for State Highway 75 within the City limit. Existing Speed Zone Ordinance, Ordinance No. 2011-15, was adopted in January 2011. Only amendment that is being proposed to the existing Speed Zone Ordinance is to establish a School Zone adjacent to the newly commissioned Classical Academy of Huntsville on State Highway 75 South (7174 State Hwy 75 South). Length of the school zone segment will be approximately 2,200 linear feet, as shown in the attached Location Map. Existing posted limit is fifty (50) miles per hour. The School Zone speed limit will be thirty-five (35) for the hours assigned through sign and/or flashing beacons. Other than establishing a new School Zone as stated above, there will be no other changes to the existing posted speed limits along State Hwy 75 in the City Limits. TxDOT will install and maintain the Speed Zone signs and flashing beacons at this location upon City Council’s adoption of the proposed Ordinance No. 2020-14, which officially recognizes the proposed school Zone for enforcement purposes. Previous Council Action: The City Council adopted Ordinance No. 2011-15 establishing speed zones along State Hwy 75 within the City Limits. Financial Implications: ☐Item is budgeted: No financial implications to the City Approvals: ☐City Attorney ☐Director of Finance ☒City Manager 1/21/2020 Agenda Item: 2a CITY COUNCIL AGENDA Agenda Item #2a Associated Information: • Location Map of the Proposed School Zone on State Hwy 75 South • Proposed Ordinance No. 2020-14 • Exhibit “A” to the Proposed Ordinance No. 2020-14 • TxDOT Email Correspondence – Jan 10, 2020. 7 0 0 0 1900390018007 3 0 0 1100 900 900 1000 1 0 0 1000 1 00 100 7 1 0 0 S H 1 9 S H 7 5 S S H 1 9 S H 19 O F F R A M P Æÿ19 Æÿ75 Æÿ19 Æÿ19 §¨¦45§¨¦45 IH 45 S FEEDER RD IH 45 S FEEDER RD OLD HOUSTON RD MOSLEY DRK R Y S T A L L N IH 45 S FEEDER RD EM ILY LNMOSLEY DRSOUTHWOOD DR IH 45 S FEEDER RD EAST MO SLEY LN CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION 8 CREATED DATE: 1/15/2020 PROPOSED SCHOOL ZONE ADJACENTTO CLASSICAL ACADEMY OF HUNTSVILLE 1 in = 400 ft 0 400 800200 Feet On 8.5 x 11 inch Print On Any Print Size Service Layer Credits: The City of Huntsville, Tx 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/438/City-Maps 7174 SH 75S Approximately 270 FeetNorth of East Mosley Lane Approximately 1880 FeetSouth of East Mosley Lane Proposed 35 MPH Speed LimitSchool Zone LEGEND Proposed School Zone (35 MPH) Huntsville Classical Academy Property Line ORDINANCE 2020-14 AN ORDINANCE AMENDING CHAPTER 44 OF THE CITY OF HUNTSVILLE CODE OF ORDINANCES RELATING TO SPEED ZONES WHICH SPECIFICALLY DESIGNATES ADDITIONAL AREAS IN THE CITY OF HUNTSVILLE IN WHICH RATES OF SPEED OF THIRTY (30) MILES PER HOUR OR MORE ARE AUTHORIZED, SPECIFICALLY STATE HIGHWAY 75 WITHIN THE CITY LIMITS, RESCINDING ALL PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING THAT ATTENDANT FACTS NECESSITATE IMMEDIATE ACTION. WHEREAS, the Huntsville Code of Ordinances (“Code”), Chapter 44 governs Traffic and Motor Vehicles; and WHEREAS, the City of Huntsville, a home rule municipality, is authorized by Charter to adopt and implement necessary and reasonable ordinances in the best interests of its citizenry; and WHEREAS, it is the desire of the City Council of the City of Huntsville, Texas that the City provide necessary facilities to insure the health and safety of its citizens and to adopt rules and regulations setting forth requirements for the movement and parking of vehicles on city streets; and WHEREAS, the City council of the City of Huntsville finds the provisions of this ordinance set forth below are necessary to protect the health, safety, and welfare of its citizens and the public, and said rules and regulations are reasonable; WHEREAS, the preservation of the general welfare of the public necessitates immediate action, this Ordinance shall be effective from and after the date of its passage as provided by the Charter of the City of Huntsville. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Huntsville, Texas that from and after the Effective Date of this Ordinance: SECTION 1. The facts and matters set forth in the preamble of this Ordinance are found to be true and correct and are hereby adopted, ratified, and confirmed. SECTION 2. Huntsville Code of Ordinances Chapter 44 “Traffic and Motor Vehicles”, is hereby amended by amending Appendix A- Traffic Schedules, schedules V & V-A as shown on the attached Exhibit “A and incorporated herein for all purposes. SECTION 3: If any portion of this Ordinance shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof. SECTION 4: All ordinances, parts of ordinances, rules and regulations in conflict with the provisions of this Ordinance are hereby repealed. SECTION 5: As the preservation of the general welfare of the public necessitates immediate action, this Ordinance shall be effective from and after the date of its passage as provided by the Charter of the City of Huntsville, Article IV, Section 4.13. The City Secretary is to publish the Caption of this Ordinance twice within 10 days of final passage of this Ordinance. PASSED by the City Council of the City of Huntsville, Texas, this 21st day of January 2020. THE CITY OF HUNTSVILLE, TEXAS __________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ _____________________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney EXHIBIT “A” CHAPTER 44- TRAFFIC AND MOTOR VEHICLES APPENDIX A- TRAFFIC SCHEDULES “V Speed Limits Zones” and “V-A School Speed Limit Zones” Southbound traffic on SH 75 within the City Limits- -for traffic moving in a southerly direction for the first 2.103 miles, from the Huntsville north city limit, the speed limit shall be sixty (60) miles per hour. For the next 0.596 miles, the speed limit shall be fifty-five (55) miles per hour. For the next 2.457 miles, the speed limit shall be forty-five (45) miles per hour. For the next 0.268 miles, to the US 190/SH 30/ 11th street intersection, the speed limit shall be forty (40) miles per hour. From the US 190/SH30/11th street intersection, for the next 0.869 miles, the speed limit shall be thirty (30) miles per hour. For the next 0.989 miles, the speed limit shall be thirty-five (35) miles per hour. For the next 0.803 miles, the speed limit shall be forty-five (45) miles per hour. For the next 2.271 miles, the speed limit shall be fifty (50) miles per hour. Within the limits of said fifty (50) miles per hour speed zone, from approximately 270 feet north of East Mosley Lane to approximately 1,880 feet south of East Mosley Lane, the speed limit shall be thirty-five (35) miles per hour when so signed for school zone. Within the limits of said fifty (50) miles per hour speed zone, from approximately 400 feet north of Rush Rd to approximately 440 feet south of Rush Rd, the speed limit shall be thirty-five (35) miles per hour when so signed for school zone. For the next 1.265 miles, to Huntsville south city limit, the speed limit shall be sixty (60) miles per hour. Northbound traffic on SH 75 within the City Limits- -for traffic moving in a northerly direction for the first 1.265 miles, from the Huntsville south city limit, the speed limit shall be sixty (60) miles per hour. For the next 2.271 miles, the speed limit shall be fifty (50) miles per hour. Within the limits of said fifty (50) miles per hour speed zone, from approximately 440 feet south of Rush Rd to approximately 400 feet north of Rush Rd, the speed limit shall be thirty-five (35) miles per hour when so signed for school zone. Within the limits of said fifty (50) miles per hour speed zone, from approximately 1,880 feet south of East Mosley Lane to approximately 270 feet north of East Mosley Lane, the speed limit shall be thirty-five (35) miles per hour when so signed for school zone. For the next 0.803 miles, the speed limit shall be forty-five (45) miles per hour. For the next 0.989 miles, the speed limit shall be thirty-five (35) miles per hour. For the next 0.869 miles, to the US 190/SH30/11th street intersection, the speed limit shall be thirty (30) miles per hour. From the US 190/SH 30/11th street intersection, for the next 0.268 miles, the speed limit shall be forty (40) miles per hour. For the next 2.457 miles, the speed limit shall be forty-five (45) miles per hour. For the next 0.596 miles, the speed limit shall be fifty-five (55) miles per hour. For the next 2.103 miles, to the Huntsville north city limit, the speed limit shall be sixty (60) miles per hour. APPENDIX A - TRAFFIC SCHEDULES SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION Schedule Designation I One-way streets II Through streets III No parking zones IV Parking limit zones V Speed limit zones V-A School speed limit zones VI Load limit areas VII Truck routes VIII Stop intersections IX Yield intersections X Signalized intersections XI Restrictive turn movements XII No trucks allowed XIII No passing zones XIV Bike routes XV Bike lanes XVI Paid parking spaces and zones — Abandoned streets and rights-of-way — Street name changes THE STATE OF TEXAS X COUNTY OF WALKER X I, City Secretary of the City of Huntsville, County of Walker, State of Texas, do hereby certify that the above and foregoing is a true and correct copy of an Ordinance passed and approved by the of said City on the day of ,20 , and is now in file in my office and notice is hereby given of the passage of the same in the manner and for the length of time as required by the Charter of the City of Huntsville. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of , 20 . ____________________________ City Secretary, City of Huntsville Y.S. Ram Ramachandra <yramachandra@huntsvilletx.gov> FW: School Zone on SH 75 between SH 19 and Southwood Dr. request Andrew Holick <Andrew.Holick@txdot.gov>Fri, Jan 10, 2020 at 4:11 PM To: "Y.S. \"Ram\" Ramachandra" <yramachandra@huntsvilletx.gov> Ram, Attached is a speed zone strip map showing a proposed school zone for SH 75 and a copy of the existing speed zone ordinance approved for SH 75 in Huntsville. I can have my crews assemble and install school zone flashers. I can’t activate them until the City approves the speed zoning. I’ve also attached a KMZ file showing where we propose to place the signs. If you agree with the proposed school zone, what do you need to go to Council to get it approved? Thank you, Andrew Andrew J. Holick, P.E. Director of Transportation Operations Bryan District Texas Department of Transportation O: 979-778-9759 M: 936-661-9971 F: 979-778-9703 From: James Robertson Sent: Wednesday, November 13, 2019 4:56 PM To: Andrew Holick <Andrew.Holick@txdot.gov> Cc: Jeff Miles <Jeff.Miles@txdot.gov> Subject: School Zone on SH 75 between SH 19 and Southwood Dr. request Andrew, Attached is the City of Huntsville Ordinance 2011-15 for SH 75 that we have on file for your/their reference and the proposed amended speed zone strip map for the above mentioned section of SH 75. The map shows the proposed limits of the school zone and speed checks conducted on November 12, 2019. Let me know if you have any questions. Thank you jmr 3 attachments sh75_Nov 2019_w SZ_2019.pdf 43K SH 75_Huntville_Ordinance_2011-15 .pdf 90K GoogleEarth_Placemark.kmz 1K 1 ORDINANCE 2020-15 AN ORDINANCE OF THE CITY COUNCIL OF HUNTSVILLE, TEXAS, AUTHORIZING PARTICIPATION WITH OTHER ENTERGY SERVICE AREA CITIES IN MATTERS CONCERNING ENTERGY TEXAS, INC. AT THE PUBLIC UTILITY COMMISSION OF TEXAS IN 2020; AUTHORIZING THE HIRING OF LAWYERS AND RATE EXPERTS; AUTHORIZING THE CITY’S PARTICIPATION TO THE FULL EXTENT PERMITTED BY LAW AT THE PUBLIC UTILITY COMMISSION OF TEXAS; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE WHEREAS, Cities have exclusive original jurisdiction over rates, operations, and services of an electric utility in areas in the municipality pursuant to Tex. Util. Code § 33.001; WHEREAS, Cities have standing in each case before the Public Utility Commission of Texas that relates to an electric utility providing service in the municipality pursuant to Tex. Util. Code § 33.025; WHEREAS, Entergy Texas, Inc. (“ETI” or “Company”) is expected to litigate rate change requests in various proceedings before the Public Utility Commission of Texas or before municipalities in 2020, which may include (1) rate proceedings or cost adjustments such as a transmission cost recovery rider, a distribution cost recovery rider, energy efficiency cost recovery factor, or hurricane restoration cost or offset true-ups, and (2) various fuel cost refunds or surcharges and reconciliations; WHEREAS, ETI is scheduled to file fuel factor proceedings at the Public Utility Commission in February and August 2020, and may file other fuel proceedings to refund or surcharge fuel charges; WHEREAS, ETI is scheduled to file a proceeding to recover costs incurred in association with its Energy Efficiency Plan as well as reconcile past costs; WHEREAS, Cities have the statutory right to set fair and reasonable rates for both the Company and customers within Cities; and WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable rate case expenses to participate in cases that are deemed rate proceedings pursuant to Tex. Util. Code § 33.023. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1. The City of Huntsville shall participate with other Cities to intervene in ETI’s various rate filings related to the various fuel cost surcharges and reconciliations, any interim or incremental surcharge proceedings or surcharge adjustments, and for any base rate adjustment proceedings or cost of service adjustments on file with the Public Utility Commission of Texas or with municipalities in 2020. 2 SECTION 2. The City of Huntsville employs the Lawton Law Firm P.C. to represent the City with regard to the ETI rate matters before local and Public Utility Commission of Texas and any court of law and authorizes counsel to employ rate experts as are recommended by the Cities’ Steering Committee to intervene in fuel or rate related proceedings at the Public Utility Commission concerning ETI’s rates charged to Texas customers. SECTION 3. All such actions shall be taken pursuant to the direction of the Cities’ Steering Committee. Cities’ Steering Committee shall have authority to retain rate consultants and lawyers. Cities’ Steering Committee shall direct the actions of Cities’ representatives in the above proceedings. The Steering Committee is directed to obtain reimbursement from ETI of all reasonable expenses associated with participation in said proceedings. SECTION 4. The meeting at which this 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 be effective from and after the date of its passage. PASSED by __________________ vote of the City Council of the City of Huntsville, Texas, this 21st day of January 2020. THE CITY OF HUNTSVILLE, TEXAS __________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ _____________________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney Agenda Item #3b Item/Subject: Consider authorizing the City Manager to amend a lease agreement with Sealark Investments, LLC for an oil, gas, and mineral lease covering lands situated in Walker County, Texas. Initiating Department/Presenter: Community & Economic Development Presenter: Aron Kulhavy, City Manager Recommended Motion: Move to authorize the City Manager to amend a lease agreement with Sealark Investments, LLC for an oil, gas, and mineral lease covering lands situated in Walker County, Texas to extend the primary term for two years. Strategic Initiative: Goal #5 - Finance - Provide a sustainable, efficient and fiscally sound government through conservative fiscal practices and resource management. Discussion: The City of Huntsville entered into an oil, gas, and mineral lease for property located at the northeast corner of the City of Huntsville transfer station property in November of 2017. The company who leased the property, Sealark Investments, has not begun drilling operations at the site and has requested an additional two-year extension on the lease. For consideration of the extension, Sealark is proposing a payment of $50/acre for a 2-year period, or about $1,600 for the entire lease area. This negotiated payment is comparable with the bonus payment the City received at the beginning of the lease which was $50/acre per year. This extension was reviewed by the legal counsel who assisted with the original lease and they are comfortable with the language in the extension and the financial consideration. Below is language from the original lease that provides additional information on the overall estimated compensation for the City and additional information on the overall drilling operation. The City has been approached by Searlark Investments, a company interested in pursuing an oil and gas lease covering the City’s mineral interest in 32 acres located at the northwest corner of the transfer station. Sealark intends to drill a gas well on the property immediately north of the City’s transfer station to tap into a projected pocket of natural gas under several properties in the area. The gas well will not be located on City property and the City’s property will not be disturbed during the erection of the well. In exchange for the oil and gas lease, Sealark will provide a $150/acre bonus and a 3/16th royalty. In addition to the mineral lease, Sealark wishes to acquire an easement for a pipeline parallel to Moffett Springs Road, provided the gas well is successful. This pipeline easement will be located in an existing easement for a gas line located along the western edge of the transfer station property. In exchange for the pipeline easement, Sealark will pay the City $50 per linear rod (about $12,000). Sealark will also need a 50’ by 50’ meter site located on the transfer station property and will compensate the City $2,500 for this site. Staff met with Sealark to discuss the lease and potential concerns with the transfer station being the site of the closed City landfill. Staff let Sealark know of the potential hazards in locating on the property and both sides agreed to let Sealark assume all responsibilities for permitting and approval from the 1/21/2020 Agenda Item: 3b CITY COUNCIL AGENDA Agenda Item #3b Texas Commission on Environmental Quality (TCEQ) for any work to be completed on the transfer station site. Previous Council Action: The City of Huntsville approved an oil and gas lease for the property in October 2017. The City of Huntsville previously leased 50 acres that included the subject property in 2005 for oil and gas. The previous lease expired due to lack of use. Financial Implications: ☒Item is estimated to generate additional revenue: Oil and gas bonus: $1,600 @ $50/acre If an economic well is drilled, COH would receive the following Pipeline ROW: $12,000 at $50/rod Meter Site: $2500.00 Based on proposed unit size, COH would have about a 6.05% Unit Royalty Interest. If well produces .50MMCF/day 0.5MMCF/day x$ 2.75 gas price = $41,250 x 0.0605 = $2,495/month for COH If the well's reserves are 1.0BCF (1 billion cubic feet), thru the life of the well, COH's total production revenue could approach $175,000. Approvals: ☒City Attorney ☐Director of Finance ☒City Manager Associated Information: • Proposed lease • Map of location Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security Number or Driver’s License Number. AMENDMENT AND EXTENSION OF OIL AND GAS LEASE STATE OF TEXAS COUNTY OF WALKER WHEREAS, that certain Oil and Gas Lease dated November 1, 2017 (hereafter “the Lease”) was made and entered into by and between The City of Huntsville, as Lessor, to Sealark Investments, LLC, a Texas limited liability company, as Lessee, covering 32.0822 acres of land, as fully described in the Lease, for a primary term of three (3) years, a Memorandum of same recorded in Volume 1302, Page 682 of the Official Records of Walker County, Texas; and WHEREAS, Sealark Investments, LLC (hereinafter referred to as “Lessee”), is the current owner of said Lease; and WHEREAS, it is the desire of the parties hereto and it is the purpose of this Amendment to extend the primary term of the Lease for an additional two (2) years from and after the end of the three (3) year primary term. NOW, THEREFORE, for and in consideration of the premises, and of Ten Dollars ($10.00) cash in hand paid to the undersigned, receipt and sufficiency of which is hereby acknowledged, we, the undersigned, do hereby agree that the primary term of said Lease is hereby extended for a period of two (2) years from and after said three (3) year primary term; the primary term of said Lease shall run through November 1, 2021, rather than, and instead of November 1, 2019. The above described Lease is hereby amended and hereby ratified and declared to be in full force and effect, and the undersigned hereby grant, lease, let and demise the lands described in said Lease unto the record owner and holder of said Lease, their heirs, successors and assigns, upon the terms and conditions set out in said Lease as herein amended. EXECUTED on this _____ day of October, 2019, but made effective as of the 1st day of November, 2017. LESSOR: LESSEE: The City of Huntsville Sealark Investments, LLC ______________________________________ By:_______________________________________ By: Aron Kulhavy John F. Schwarz, Jr. Its: City Manager Its:_____President______________________ Attest: ______________________________________ 2 ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WALKER This instrument was acknowledged before me this _______ day of October, 2019, by Aron Kulhavy, in his capacity as City Manager for The City of Huntsville. My Commission Expires: ___________________________________________ Notary Public, State of Texas STATE OF TEXAS COUNTY OF HARRIS This instrument was acknowledged before me this _______ day of October, 2019, by John F. Schwarz, Jr., President for Sealark Investments, LCC, a Texas limited liability corporation, on behalf of said company. My Commission Expires: ___________________________________________ Notary Public, State of Texas