3-17-2020 amended packet_202003161249042512
CITY OF HUNTSVILLE, TEXAS
Andy Brauninger, Mayor
HUNTSVILLE CITY COUNCIL AGENDA AMENDED
TUESDAY, MARCH 17, 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.
PRESENTATIONS & PROCLAMATIONS
− Life Saving award
− Presentation on 2020 Census
− Proclamation for 2020 Census
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 March 3, 2020. [Brenda Poe, City Secretary]
b. Consider authorizing the City Manager to approve an annual purchase order of various road and drainage
materials from Vulcan Materials for a one-year term with option to renew for one year. [Brent Sherrod,
P.E., Director of Public Works]
c. SECOND READING - Consider approval of Ordinance 2020-17 denying CenterPoint Energy rate
increase application, second reading. [Leonard Schneider, City Attorney]
2. STATUTORY AGENDA
a. Consider authorizing the City Manager to apply for the Houston-Galveston Area Local Development
Corporation (H-GALDC) Community Enhancement Grant, designating the City Manager as the City’s
Authorized Representative, and adopting Resolution 2020-19 in support of same. [Tammy Gann, Director
of Economic Development/Special Projects; Tracy Chappell, Main Street Manager; Kristie Hadnot, Grants
Manager]
b. FIRST READING - Consider adoption of Ordinance 2020-18 to approve regulating the operation of
Personal Mobility Devices, first reading. [Darryle Slaven, Asst. Chief of Police]
3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Consider proposal by Entergy Texas Inc. to adopt a mark-to-market tax position on existing purchase
power agreements and receive an accounting order from the Public Utility Commission. [Leonard
Schneider, City Attorney]
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
b. Discussion, consideration and possible action on Coronavirus (COVID-19) and to authorize the Mayor to
extend any Declaration of Disaster past the original 7 days for a period to be determined by City Council
by adoption of Ordinance 2020-19. [Andy Brauninger, Mayor]
4. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion.
No action will be taken.
None were submitted.
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]
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 March 17, 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: 3/10/2020 3/13/2020
TIME OF POSTING: 4:20 pm 9:35 a.m. ____________________________
TAKEN DOWN: Brenda Poe, City Secretary
Brenda Poe
CITY OF HUNTSVILLE, TEXAS
Andy Brauninger, Mayor
HUNTSVILLE CITY COUNCIL AGENDA
TUESDAY, MARCH 17, 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.
PRESENTATIONS & PROCLAMATIONS
− Life Saving award
− Presentation on 2020 Census
− Proclamation for 2020 Census
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 March 3, 2020. [Brenda Poe, City Secretary]
b. Consider authorizing the City Manager to approve an annual purchase order of various road and drainage
materials from Vulcan Materials for a one-year term with option to renew for one year. [Brent Sherrod,
P.E., Director of Public Works]
c. SECOND READING - Consider approval of Ordinance 2020-17 denying CenterPoint Energy rate
increase application, second reading. [Leonard Schneider, City Attorney]
2. STATUTORY AGENDA
a. Consider authorizing the City Manager to apply for the Houston-Galveston Area Local Development
Corporation (H-GALDC) Community Enhancement Grant, designating the City Manager as the City’s
Authorized Representative, and adopting Resolution 2020-19 in support of same. [Tammy Gann, Director
of Economic Development/Special Projects; Tracy Chappell, Main Street Manager; Kristie Hadnot, Grants
Manager]
b. FIRST READING - Consider adoption of Ordinance 2020-18 to approve regulating the operation of
Personal Mobility Devices, first reading. [Darryle Slaven, Asst. Chief of Police]
3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Consider proposal by Entergy Texas Inc. to adopt a mark-to-market tax position on existing purchase
power agreements and receive an accounting order from the Public Utility Commission. [Leonard
Schneider, City Attorney]
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.
None were submitted.
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]
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 March 17, 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: 3/10/2020
TIME OF POSTING: 4:20 pm ____________________________
TAKEN DOWN: Brenda Poe, City Secretary
Brenda Poe
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 3rd
DAY OF MARCH 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: Daiquiri Beebe, Blake Irving (arrived at 6:05 p.m.), Russell Humphrey,
Dee Howard Mullins, Paul Davidhizar, Andy Brauninger, Joe P. Rodriquez, Mari Montgomery
COUNCILMEMBERS ABSENT: Clyde D. Loll
OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, City Secretary; Leonard Schneider, City
Attorney
WORKSHOP [5:00 P.M.] The City Council heard a presentation on the Airport Master Plan with City Manager
Aron Kulhavy and representatives from Lochner.
MAIN SESSION [6:00 P.M.]
CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m.
INVOCATION AND PLEDGES - U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance
to thee, Texas, one state, under God, one, and indivisible.
Mayor Brauninger gave the invocation and led the pledges.
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 February 18, 2020. [Brenda Poe, City
Secretary]
Councilmember Rodriquez made a motion to approve the consent agenda with approval to correction of
the date on the minutes presented; the motion was seconded by Councilmember Davidhizar. The motion
was adopted, 7-0.
2. STATUTORY AGENDA
a. Consider authorizing the City Manager to enter into an Interlocal Cooperation Agreement with
Walker County to jointly fund additional engineering design for expansion of scope of work for
improvements to FM 2821 and Rosenwall Road Intersection Project, Project #18-04-01.2B. [Y.S.
“Ram” Ramachandra, City Engineer]
Councilmember Davidhizar made a motion to authorize the City Manager to enter into an interlocal
Cooperation Agreement with Walker County to jointly fund additional engineering design for expansion
of scope of work for improvements to FM 2821 and Rosenwall Road Intersection Project, Project #18-
04-01.2B; the motion was seconded by Councilmember Montgomery. The motion was adopted, 8-0. Bill
Daugette clarified the reason for $20,000.
b. Consider authorizing additional engineering design services to KSA Engineering for expansion of
scope of work for improvements to FM 2821 and Rosenwall Road Intersection Project, Project
#18-04-01.2B. [Y.S. “Ram” Ramachandra, City Engineer]
Councilmember Montgomery made a motion to authorize additional engineering design services to KSA
Engineering for expansion of scope of work for improvements to FM 2821 and Rosenwall Road
Intersection Project, Project #18-04-01.2B; the motion was seconded by Councilmember Humphrey. The
motion was adopted, 8-0. Bill Daugette spoke about the project benefitting City, County and TxDOT.
County Judge Danny Pierce spoke about the outstanding partnership that is taking place with this project.
c. Consider the lapse in the approval of the Planned Development District Amendment and Concept
Plan for the Planned Development for the approximate 66-acre tract of land located at 907 State
Highway 19. [Janet Ridley, City Planner]
Councilmember Beebe made a motion to reinstate the Developer’s authorization to submit a Development
Plan for the Planned Development of the subject property; the motion was seconded by Councilmember
Davidhizar. The motion was adopted, 8-0.
d. Consider authorizing the City Manager to apply for the FY 2019 Assistance to Firefighters Grant
(AFG) Program through the U.S. Department of Homeland Security and adopting Resolution
2020-18 in support of same. [Greg Mathis, Fire Chief]
Councilmember Rodriquez made a motion to authorize the City Manager to apply for the FY 2019
Assistance to Firefighters Grant (AFG) Program through the U.S. Department of Homeland Security for
$251,700, including matching funds of $25,170, and adopt Resolution 2020-18; the motion was seconded
by Councilmember Montgomery. The motion was adopted, 8-0.
3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. FIRST READING - Consider approval of Ordinance 2020-17 denying CenterPoint Energy rate
increase application, first reading. [Leonard Schneider, City Attorney]
First reading, no action taken.
b. Consider approving nominees for City boards, committees, and commissions. [Andy Brauninger,
Mayor]
The Mayor moved his nomination. The motion was adopted, 8-0.
4. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the
discussion. No action will be taken.
a. Suzanne Badger would like address Council with local Huntsville resident DeAnna, to talk about
distracted driving and the ways Huntsville government can educate and enforce the law.
Suzanne Badger addressed the Council about Safe2Save.org that encourages drivers to avoid texting
while driving.
5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
None
6. ITEMS OF COMMUNITY INTEREST
(Hear announcements concerning items of community interest from the Mayor, Councilmembers, and
City staff, for which no action will be discussed or taken.)
Mayor Brauninger reminded citizens about the free residential community-wide cleanup through March 7.
Large roll off dumpsters will be available in all four wards from 7 a.m. Monday to 4 p.m. Saturday. No
electronics, commercial dumping, tires, liquid waste or flammable liquids are allowed. For more information,
call 294-5712.
Councilmember Humphrey spoke about the variety of activities for the family taking place at the Huntsville
Public Library during Spring Break week, March 9-13. Check out the website for full details at
MyHuntsvilleLibrary.com or on Facebook. Be safe during the break and Sting ‘Em Hornets during the game
tonight against Manor in the Regional Quarterfinals!
Representatives from Freese and Nichols and Enprotec gave updates on the Bond Prop. 3 projects for water
and wastewater improvements.
Councilmember Davidhizar announced the Alpha Omega Academy basketball team won the State
Championship for TAPPS 2A. Mayor Brauninger added that his grandson was named to the first team All-
District as a point guard.
Councilmember Mullins made a motion to pursuant to Chapter 551.071 requesting legal counsel in the matter of
Item 7b; the motion was seconded by Councilmember Beebe. The motion was adopted, 8-0.
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, Section 551.074 – personnel matters regarding the appointment, employment, evaluation,
reassignment, duties, discipline, or dismissal of a public officer or employee, concerning City
Secretary Brenda Poe.
The Council adjourned to Executive Session at 7:15 p.m.
8. RECONVENE
The Council reconvened at 9:56 p.m.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 9:56 p.m.
Brenda Poe, City Secretary
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________
Brenda Poe, City Secretary Joe Rodriquez, Mayor Pro Tem
Agenda Item #1b
Item/Subject: Consider authorizing the City Manager to approve an annual purchase order of various
road and drainage materials from Vulcan Materials for a one-year term with option to renew for one year.
Initiating Department/Presenter: Public Works
Presenter: Brent Sherrod, P.E., Director of Public Works
Recommended Motion: Move to authorize the City Manager to approve an annual purchase order of
various road and drainage materials from Vulcan Materials for a one-year term with option to renew for
one year.
Strategic Initiative: Goal #4 - Infrastructure - Ensure the quality of the City utilities, transportation and
physical structures so that the City’s core services can be provided in an effective and efficient manner.
Discussion: The road and drainage materials annual purchase order is significant because it contains items
used daily for the repair, maintenance, and improvement of street infrastructure. This includes work such
as sidewalk repairs, storm sewer maintenance, utility damage repairs, and street failure repairs. The City
of Huntsville keeps items on hand to respond quickly and provide the citizens with quality infrastructure.
By establishing annual purchase orders, the staff can purchase items as needed knowing that City Council
has previously approved the purchase.
The City placed a formal sealed bid for the items. The terms allow for a one-year term with an option to
renew for one year in December 2020, with an expiration date of December 2021. There is a no-fault
written cancellation clause should either party not be satisfied. The invitation to bid was advertised on
the City’s web site, in the Huntsville Item and Electronic State Business Daily, and sent to 15 potential
bidders. The bid allows for the City to select the lowest most responsible bidder per item. Vulcan
Materials was the only vendor to respond to the bid.
Expected expenditures for FY 2019-20 are $200,000 based on FY 2018-19.
Previous Council Action:
Most recently December 2018 Council approval of Road Materials Annual Contract.
Financial Implications:
☒Item is budgeted: Various Departmental Budgets In the amount of: As needed
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Bid Tabulation
3/17/2020
Agenda Item: 1b
CITY COUNCIL AGENDA
Agenda Item #1b
Bid No. 20-05February 25, 2020Road Materials2:00 pm Central Standard TimeBid ResponseHot MixCold MixFlowable FillFlexible Limestone BaseCement Stabilized Flexible Base – 2 sackCement Stabilized Flexible Base – 3 sackChip Rock 5/8” - LimestoneTop SoilFill DirtCement Stabilized Sand – 2 sackConcrete Washed SandReady – Mix Concrete – Less five (5) deliveredReady – Mix Concrete – More five (5) delivered5” x 8” Rip Rap3” x 5” Rip Rap12” Rip Rap18” Rip Rap24” Rip RapDry ScreeningTonsTonsCubic YardsTonsTonsTonsTonsCubic yardsCubic yardsCubic yardsTonsCubic yardsCubic yardsTonsTonsTonsTonsTonsTons$64.00$78.00No Bid$26.50$40.50$45.50No BidNo BidNo Bid$29.00$24.50No BidNo Bid$36.00$36.00$55.00$60.00$65.00$25.50$71.00$85.00No Bid$33.50$47.50$52.50No BidNo BidNo Bid$36.00$31.50No BidNo Bid$43.00$43.00$62.00$67.00$72.00$32.50DeliveredDescriptionUnit of MeasureBidder:Vulcan Materials -Huntsville Plant:FOB*NOTICE: Bid award is contingent upon vendor meeting bid requirements and formal authorization by City officials
ORDINANCE NO. 2020-17
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS DENYING THE
STATEMENT OF INTENT OF CENTERPOINT ENERGY RESOURCES CORP., D/B/A
CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS TO
INCREASE RATES IN THE BEAUMONT/EAST TEXAS DIVISION; REQUIRING
REIMBURSEMENT OF MUNICIPAL RATE CASE EXPENSES; FINDING THAT THE
MEETING COMPLIES WITH THE OPEN MEETINGS ACT; AND DECLARING AN
EFFECTIVE DATE FOR THIS ORDINANCE.
WHEREAS, on or about November 14, 2019, CenterPoint Energy Resources Corp. d/b/a
CenterPoint Energy Entex and CenterPoint Energy Texas Gas (“CenterPoint” or
“Company”) filed a Statement of Intent with the City of Huntsville, Texas (“City”)
to increase gas rates in the Beaumont/East Texas Division Service Area by $6.816
million per year;
WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a
gas utility in areas in the municipality pursuant to Tex. Util. Code §103.001;
WHEREAS, Gas Utility Regulatory Act § 103.021 requires a local regulatory authority to make
a reasonable determination of rate base, expenses, investment and rate of return and
retain the necessary personnel to determine reasonable rates;
WHEREAS, the City’s reasonable cost for regulatory expenses in ratemaking proceedings shall
be reimbursed by the gas utility under Gas Utility Regulatory Act § 103.022;
WHEREAS, in order to exercise its exclusive original jurisdiction and properly review the
requested rates, it was necessary for the City to suspend CenterPoint’s proposed
effective date for 90 days;
WHEREAS, the City retained the Lawton Law Firm, P.C. to review CenterPoint’s rate request
and make necessary rate recommendations to the City;
WHEREAS, the Lawton Law Firm recommended that the City deny the requested Statement of
Intent. The Company’s requested rate of return and capital structure is inconsistent
with that of similarly-situated gas distribution utilities, and the Company’s
requested depreciation rates rely on a depreciation study that is five years old and
therefore is not representative of the Company’s current invested capital. As such,
the Company has failed to show that its requested rates are just and reasonable.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS
HEREBY ORDAINS:
SECTION 1. The statements set out in the preamble to this ordinance are adopted herein as if set
forth herein.
SECTION 2. CenterPoint’s Statement of Intent to Increase Rates in the Beaumont/East Texas
Service Area is denied.
SECTION 3. The Company shall maintain its current rates under its currently approved rate
schedules.
SECTION 4. The Company shall promptly reimburse the City’s rate case expenses, as provided
by GURA § 103.022(a).
SECTION 5. The meeting at which this ordinance was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Chapter 551.
SECTION 6. This ordinance shall be effective immediately on passage.
PASSED AND APPROVED 17th day of March 2020.
THE CITY OF HUNTSVILLE, TEXAS:
Joe Rodriquez, Mayor Pro Tem
ATTEST: APPROVED AS TO FORM:
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Agenda Item #2a
Item/Subject: Consider authorizing the City Manager to apply for the Houston-Galveston Area Local
Development Corporation (H-GALDC) Community Enhancement Grant, designating the City Manager
as the City’s Authorized Representative, and adopting Resolution 2020-19 in support of same.
Initiating Department/Presenter: Economic Development & Tourism
Presenter: Tammy Gann, Director of Economic Development/Special Projects; Tracy Chappell, Main
Street Manager; Kristie Hadnot, Grants Manager
Recommended Motion: Move to authorize the City Manager to apply for a Houston-Galveston Area
Local Development Corporation (H-GALDC) Community Enhancement Grant for $12,025, plus $12,025
in matching funds, designate the City Manager as the City’s Authorized Representative, and adopt
Resolution 2020-19 in support of same.
Strategic Initiative: Goal #1 - City Appearance - Provide policies, amenities, and events that enhance
the City’s already beautiful and historic natural environment.
Discussion: On February 27, 2020, the Houston-Galveston Area Local Development Corporation (H-
GALDC) announced the opening of their grant opportunity. H-GALDC is in partnership with Houston-
Galveston Area Council (H-GAC) in offering the Community Enhancement Grant Initiative which funds
community projects that focus on the beautification and revitalization of downtown and public spaces.
The initiative seeks to aid communities in increasing area aesthetics for promoting attractive
landscapes, increasing economic development and prosperity for the local community, while preserving
and enhancing the architectural and cultural history of the community.
Eligible work allowed under this grant includes the repair, replacement, or new installation of signs (i.e.
– gateway, wayfinding signs), street lights (decorative or charming), public benches and waste
receptacles, building façade improvements (i.e. – paint, canopies / awnings, doors and windows),
sidewalks, curbs, and pavers in areas that serve town squares, and fountains, sculptures, and
monuments.
The maximum grant amount offered under this funding opportunity is $15,000. There is a dollar for
dollar match requirement associated with this grant. Grant parameters also provide that, if awarded,
project construction must begin within 60 days of award and must be completed within 6 months.
The project selected will consist of repainting the existing decorative lamp posts in downtown and the
purchase of new banners for all lamp posts. A large portion of the existing 45 lamp posts were
purchased in 1999, with the remainder being purchased in 2005. There were no records located
indicating that the lamp posts had ever been repainted. With the purchase of 17 new lamp posts
(approved in this fiscal year’s budget) and the additional 9 new lamp posts that are a part of the 12th
Street grant project (on-going), this project will allow all lamp posts in Downtown Huntsville to look
fresh and new. This will give us a total of 71 lamp posts downtown.
3/17/20
Agenda Item: 2a
CITY COUNCIL AGENDA
Agenda Item #2a
The new banners will be a canvas material that can better withstand direct sunlight and weather
elements compared to the current vinyl banners. These new banners will be an opportunity to offer
consistent branding throughout Downtown Huntsville.
Previous Council Action: No previous Council action has been taken on this specific grant. The City has
received previous grants to improve the Main Street District.
Financial Implications:
☒Item is not budgeted: Should the City be awarded the grant, a budget amendment for matching
funds will be needed.
Approvals: ☒City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Resolution 2020-19
RESOLUTION NO. 2020-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF A COMMUNITY ENHANCEMENT GRANT
INITIATIVE APPLICATION TO THE HOUSTON-GALVESTON AREA LOCAL
DEVELOPMENT CORPORATION (H-GALDC), IN PARTNERSHIP WITH HOUSTON-
GALVESTON AREA COUNCIL (H-GAC), FOR THE MAIN STREET PROGRAM; AND
AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY’S EXECUTIVE OFFICER
AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE
CITY’S PARTICIPATION IN THIS GRANT INITIATIVE.
WHEREAS the City desires to develop a vibrant Downtown Huntsville, including enhancing the
historic environment and expanding the economic opportunities; and
WHEREAS the City seeks to support and participate in initiatives which align with local efforts to
beautify and revitalize the Downtown Huntsville and Main Street areas; and
WHEREAS it is necessary and in the best interest of the City to apply for funding under the H-
GALDC Community Enhancement Grants initiative.
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that:
SECTION 1: An application is hereby authorized to be filed on behalf of the City and be placed in
competition for funding of $12,025.00 of grant funds for the Main Street Program to
repaint all existing decorative lamp posts and to purchase new lamp post banners in the
Downtown Huntsville and Main Street areas.
SECTION 2: The City commits itself, if funded, to appropriate $12,025.00 as matching funds and as
a demonstration of its local support to the project.
SECTION 3: The Mayor and City Council strongly support this application to address the local
community goals to beautify and revitalize the City’s downtown and Main Street areas.
SECTION 4: The City Council directs and designates the City Manager as the City’s Chief Executive
Officer and Authorized Representative to act in all matters in connection with this
application and the City’s participation in the H-GALDC Community Enhancement
Grant Initiative.
PASSED AND APPROVED this 17th day of March 2020.
THE CITY OF HUNTSVILLE
__________
Joe Rodriquez, Mayor Pro Tem
ATTEST: APPROVED AS TO FORM:
______________________________ _______________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Agenda Item #2b
Item/Subject: FIRST READING - Consider adoption of Ordinance 2020-18 to approve regulating the
operation of Personal Mobility Devices, first reading.
Initiating Department/Presenter: Public Safety
Presenter: Darryle Slaven, Asst. Chief of Police
Recommended Motion: Move to approve Ordinance 2020-18 implementing regulations for the use of
Personal Mobility Devices.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: On December 17, 2019, City Council adopted a Shareable Mobility Device ordinance;
however, it did not address personally owned Mobility Devices. To address these parameters, the
definition of Personal Mobility Device was added to the Shareable Mobility Device ordinance. The word
personal was inserted when and where applicable to complete the ordinance in the most concise and
affluent way possible.
Previous Council Action:
- May 21, 2019, City Council held a workshop with staff in reference to
Shareable Mobility Devices.
- July 2, 2019, City Council meeting, first reading of the pilot program
Ordinance for Shareable Mobility Devices.
- July 16, 2019, City Council meeting, second reading of the pilot program
Ordinance for Sharable Mobility Devices.
- December 3, 2019, City Council meeting, first reading of the ordinance for the
Shareable Mobility Devices.
- December 17, 2019, City Council adopted Shareable Mobility Device
Ordinance.
Financial Implications:
☒There is no financial impact associated with this item.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Ordinance 2020-18
• Exhibit A - Chapter 44 – Traffic and Motor Vehicles
3/17/20
Agenda Item: 2b
CITY COUNCIL AGENDA
ORDINANCE NO. 2020-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AMENDING CHAPTER 44, TRAFFIC AND MOTOR VEHICLES, OF THE CITY OF
HUNTSVILLE CODE OF ORDINANCES BY AMENDING CERTAIN SECTIONS AS
SET OUT BELOW; BY ADDING A NEW ARTICLE X SETTING A PENALTY; AND
MAKING OTHER FINDINGS AND PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
WHEREAS, the Huntsville Code of Ordinances (“Code”), Chapter 44 governs traffic and motor
vehicles; and
WHEREAS, the City of Huntsville may adopt reasonable regulation, including fees and penalties
for alternative modes of transportation and commerce in the City of Huntsville,
such as personal mobility devices;
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, 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;
NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE
CITY OF HUNTSVILLE, TEXAS, that:
Section 1. The facts and matters set forth in the preamble of this Ordinance are found to be true
and correct and are hereby adopted, ratified, and confirmed.
Section 2. Huntsville Code of Ordinances Chapter 44 – TRAFFIC AND MOTOR VEHICLES,
Article I – IN GENERAL”, Sections 44-1 Definitions are hereby amended by adding
a definition for “Personal Mobility Device” as shown on the attached Exhibit “A”.
Section 3. Huntsville Code of Ordinances Chapter 44 – TRAFFIC AND MOTOR VEHICLES,
Article X –SHAREABLE MOBILITY DEVICES”, is amended by amending
Sections 44-243, 44-244, 44-246, 44-247, 44-248 and 44-249 as shown on the
attached Exhibit “A”.
Section 4. All ordinances that are in conflict with the provisions of this Ordinance are, and that
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 5. Should any paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect
the validity of this Ordinance as a whole or any part or provision thereof, other than
the part so declared to be invalid, illegal or unconstitutional.
Section 6. 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.
First Reading Date: __________________
PASSED AND APPROVED on the Second Reading on this the ____th day of
____________ 2020.
THE CITY OF HUNTSVILLE
Joe Rodriquez, Mayor Pro Tem
ATTEST: APPROVED AS TO FORM:
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Exhibit A
Chapter 44 - TRAFFIC AND MOTOR VEHICLES
ARTICLE I. - GENERAL
Sec. 44-1 Definitions.
Shareable Mobility Device (device) means any docked or dockless wheeled device, whether
it be human-powered, electric, or otherwise motorized, that permits an individual to move
or be moved freely, including but not limited to, a bicycle, scooter, skateboard or other
similar device; is accessed via an on-demand portal, whether a smartphone application,
membership card, or similar method; is operated by a private entity that owns, manages, and
maintains devices for Shared use by members of the public; and is available to members of
the public in unstaffed, self-service locations or staffed service locations.
Dockless means that the device does not require the individual user to return and lock the
device to an authorized fixed station once the user has completed their use of the device.
Docked means that the device requires the individual user to return the device to an
authorized fixed location once the user has completed their use of the device.
Shareable Mobility Device vendors (vendor) means an entity approved by the Huntsville
City Manager or Designee, to use/occupy the public right-of-way for offering mobility
devices, such as a bicycle, a scooter, or electric bike or any other mobility device as
determined by the City Manager or Designee, to subscribers on a fee basis subscription.
Designated drop off/pick up area (Docked or authorized fixed location) means an area on
private property, or other areas as designated by the City Manager or Designee, that the
Shareable Mobility Devices are parked (docked) and made available to public for use.
Personal Mobility Device means any wheeled device that would be a Shareable Mobility
Device but it is personally owned and is not for rent, whether it be human-powered, electric,
or otherwise motorized, that permits an individual to move, or be moved freely, including,
but not limited to, a bicycle, scooter, skateboard or other similar device that is owned by an
individual and no fee is paid for its use.
ARTICLE X - SHAREABLE MOBILITY DEVICES
Sec.44-243. - Purpose. The purpose of these regulations is to provide for the proper management
of the public rights-of-way to preserve the health, safety, and welfare of the citizens of the city.
Specifically, these regulations are intended to provide for reasonable guidelines for the operation
of Shareable and/or Personal Mobility Devices operated in the public rights-of-way.
Sec. 44-244. - Permit required. It shall be unlawful for a Shareable Mobility Device vendor to
operate Shareable Mobility Devices within any public right-of-way without first obtaining a permit
from the City. The permit shall, among other things:
(a) Include an application fee of $200.00 plus $3.00 per device.
(b) Shall be valid for one year;
(c) Vendors shall maintain commercial general liability insurance coverage of no less than
$1,000,000.00, worker’s compensation, business automobile insurance. The City of
Huntsville shall be named as an additional insured;
(d) Permits are not transferrable; and
(e) Identify the number of Shareable Mobility Devices. A maximum of 150 units available
for use in the City at any one time.
(f) Each device shall display a City provided permit decal, affixed in plain sight.
(g) No permit is required for a Personal Mobility Device.
Sec. 44-246. - Regulations and Restrictions.
(a) In addition to any regulations or restrictions imposed under state law, vendors and
the use of Shareable and/or Personal Mobility Devices within the city of
Huntsville must comply with the following regulations and restrictions; when
applicable.
1. Vendors shall keep a record of reported collisions in a format as determined by
the City.
2. Vendors shall keep a record of maintenance activities which includes the
Shareable Mobility Device unit identification number and maintenance
performed.
3. Vendors shall sign and record an indemnification agreement indemnifying and
holding harmless the City.
4. Vendors agree to educate users on lawful and safe use of the Shareable Mobility
Devices, including encouraging users to obey traffic control devices and ride
with the flow of traffic.
5. Shareable and/or Personal Mobility Devices may not be used on public rights-
of-way with speed limits greater than 35 miles per hour unless in a dedicated
bike lane or shared use path. Exception: bicycles may be operated in any area
of the City where bicycles are otherwise permitted.
6. No Shareable Mobility Device shall be operated between the hours of 9:00 pm
and 7:00 am.
7. The operator of a Shareable and/or Personal Mobility Device must be at least
16 years old to use a motorized device upon public rights-of-way.
8. Operation of a Shareable and/or Personal Mobility Device shall be limited to
one rider.
9. Any person operating a Shareable and/or Personal Mobility Device shall obey
all rules of the road applicable to vehicle traffic, as well as the instructions of
official traffic control signals, signs, and other control devices applicable to
vehicles, unless otherwise directed by a police officer.
10. No Shareable and/or Personal Mobility Device shall be ridden in a negligent or
unsafe manner but shall be operated with reasonable regard for the safety of the
operator and other persons.
11. It shall be unlawful to operate a Shareable and/or Personal Mobility Device on
a street, alley, sidewalk or public highway of the city, unless it is equipped with
a braking system in sufficient working order to control and stop the movement
of the device.
12. No person shall operate a Shareable and/or Personal Mobility Device while
wearing earphones over, or earplugs in, both ears. As used in this section,
"earphones" means any headset, radio, tape player, or other similar device that
provides the listener with radio programs, music, or other recorded information
through a device attached to the head and that covers all or a portion of both
ears. "Earphones" does not include hearing aids or the use of speakers or other
listening devices that are built into protective headgear.
13. No person operating Shareable and/or Personal Mobility Device shall carry any
package, bundle, or article that prevents the driver from keeping both hands
upon the handle bars.
14. No person riding upon any Shareable and/or Personal Mobility Device shall
attach the same or him/herself to any vehicle upon a roadway. No operator shall
knowingly permit any person riding upon any Shareable Mobility Device to
attach the same or self to any vehicle while it is moving upon a roadway.
15. Shareable Mobility Devices shall not be deployed to designated drop off/pick
up areas earlier than 6:00 am and must be picked up no later than 10:00 pm.
Exception: Shareable Mobility Devices parked on private property are exempt
from these hours.
Sec. 44-247. - Equipment. Every Shareable and/or Personal Mobility Device when in use shall
comply with the following; when applicable
(a) Shareable Mobility Devices shall be equipped with an on-board GPS unit or
equivalent that can report the location of a unit at any time for the purposes of use,
recovery, repair, data collection, and incident investigation.
(b) Bicycles used in a Shareable Mobility Device vendor system shall meet standards
outlined in the Code of Federal Regulation (CFR) under Title 16, Chapter II,
Subchapter C, Part 1512 – Requirements for Bicycles. Additionally, permitted
systems shall meet the safety standards outlined in International Organization for
Standardization (ISO) 43.150 – Cycles, subsection 4210.
(c) Electric bicycles used in a Shareable Mobility Device vendor system shall meet the
most up-to-date definition of low-speed electric bicycle outlined in CPSC Public
Law 107-309 for Low Speed Electric Bicycle and 15 U.S.C. Chapter 47 Section
2085 and be equipped with fully operable pedals and shall be subject to the same
requirements as ordinary bicycles.
(d) Scooters used in Shareable Mobility Device vendor system shall meet the most up-
to-date equivalent safety standards as those outlined in the Code of Federal
Regulations and the International Organization for Standardization for bicycles.
Currently, scooters shall meet CPSC in Public Law 107-309 for standards around
weight bearing.
(e) A lamp mounted on the front of either the Shareable and/or Personal Mobility
Device or the operator that shall emit a white light visible from a distance of at least
five hundred (500) feet to the front and three hundred (300) feet to the sides. A
generator-powered lamp that emits lights only when the bicycle or mobility device
is moving may be used to meet this requirement.
(f) A red reflector on the rear of a Shareable and/or Personal Mobility Device that shall
be visible from all distances from one hundred (100) feet to six hundred (600) feet
to the rear when directly in front of lawful lower beams of head lamps on a motor
vehicle;
(g) A lamp emitting either flashing or steady red light visible from a distance of five
hundred (500) feet to the rear may be used in addition to the red reflector. If the red
lamp performs as a reflector in that it is visible as specified in 6 b of this section, the
red lamp may serve as the reflector and a separate reflector is not required. This
applies to both Sharable and/or Personal Mobility Devices.
Sec. 44-248. - Mobility device yields right-of-way to pedestrians. Any person who may lawfully
operate a Shareable and/or Personal Mobility Device shall:
(a) Yield the right-of-way to a pedestrian upon a roadway, sidewalk or shared-use path
or a crosswalk.
(b) Give a timely and audible signal before overtaking and passing a pedestrian upon a
roadway, sidewalk or shared-use path.
Sec. 44-249. - Parking.
(a) When a user is not being charged for the use of the device, before, after and in
between users, the Shareable Mobility Devices shall be parked (docked) in a
designated drop off/pick up area.
(b) It shall be unlawful to stop, stand, or park a Shareable and/or Personal Mobility
Device on a public sidewalk or public right of way unless placed in a bike rack.
No person shall park a Shareable and/or Personal Mobility Device upon any street including
parking spots and loading zones or as to unduly interfere with vehicular traffic.
Agenda Item #3a
Item/Subject: Consider proposal by Entergy Texas Inc. to adopt a mark-to-market tax position on
existing purchase power agreements and receive an accounting order from the Public Utility
Commission.
Initiating Department/Presenter: City Attorney
Presenter: Leonard Schneider, City Attorney
Recommended Motion: No action. The City, if it takes no action, will be considered “unopposed”. The
Lawton Law firms recommends the City not oppose the proposed settlement.
Strategic Initiative: Goal #5 - Resource Development - Enhance the quality of life for citizens,
businesses and visitors by leveraging the human and fiscal resources available to the community.
Discussion: Entergy wishes to change its tax position with the IRS regarding its long-term purchase
power agreements (PPA) by proposing a mark-to-market tax method (MTM) change. Entergy requires
an accounting order from the Public Utility Commission (PUC). The PPA long term agreements allows
Entergy to lock in a certain price for the power it resells to its customers and insulates Entergy and
Entergy customers when the market price for power increases but is detrimental when the market price
for power falls below the PPA long term price. Entergy is very much underwater on a long-term PPA
that is a holdover from before they split from Entergy Gulf Coast Louisiana. Under the proposed MTM
method, the Company will be able to declare the difference between the PPA contract price and the
lower market price as a loss each year and deduct that amount from its taxable income. Most of the
savings from that tax deduction will be passed on as a credit to customers. $34 million is guaranteed to
be credited to customers over the next 10 years, even if the IRS denies ETI's tax position. If ETI is
successful, customers will get 90% of the total tax savings credited to them.
The Lawton Law firm states the following:
“Customers will benefit from the ETI MTM Tax Position at a minimum by the $34 million of guaranteed
credits and if ETI is successful, by 90 percent of future credits. It is our opinion that not opposing the
proposed settlement or agreeing to the settlement terms in this case is beneficial for customers.
We recommend that the City not oppose the proposed settlement.”
Previous Council Action: N/A
Financial Implications:
☒There is no financial impact associated with this item.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Letter from Lawton Law Firm 3/9/2020 (marked privileged and confidential)
3/17/20
Agenda Item: 3a
CITY COUNCIL AGENDA