7-21-2020 packetCITY OF HUNTSVILLE, TEXAS Andy Brauninger, Mayor HUNTSVILLE CITY COUNCIL AGENDA AMENDED TUESDAY, JULY 21, 2020 REGULAR SESSION 6:00 P.M. AT CITY COUNCIL CHAMBERS HUNTSVILLE CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS 77340 City hall will implement 6-foot social distancing for those in attendance. The City reserves the right to take temperatures of those wanting to attend and encourages requires attendees to wear face masks. The City reserves the right to deny access to the meeting because of the above requirements for the safety of its citizens. For those who cannot attend because of the social distancing requirements or for the reasons listed above, the meeting will be broadcast live on the City website at www.HuntsvilleTX.gov/Meetings or on Facebook. The meeting will be recorded, and such recording will be made available on the City website at www.HuntsvilleTX.gov. 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. WORKSHOP [5:00 P.M.] Council will hear presentations on Capital Improvement Projects. MAIN SESSION [6:00 P.M.] CALL TO ORDER INVOCATION AND PLEDGES – U.S. Flag and Texas Flag 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 July 7, 2020. [Brenda Poe, City Secretary] b. Consider adoption of Ordinance 2020-31 calling for November 3, 2020, general election for the purpose of electing four (4) at-large Councilmembers, single reading required; and consider approving the 2020 Joint Election Agreement and Elections Services Contract with Walker County for the November 3, 2020 election. [Brenda Poe, City Secretary] c. Consider accepting donation of property located at Lot 5, Block 46, Section 4 Elkin’s Lake Subdivision to the City of Huntsville. [Aron Kulhavy, City Manager] 2. STATUTORY AGENDA a. FIRST READING - Consider adopting Ordinance 2020-35 amending the Huntsville Code of Ordinances, specifically Chapter 12, Buildings and Building Regulations to provide requirements for the control of surface water run-off, first reading. [Kevin Byal, Director of Development Services / Building Official] b. FIRST READING - Consider a request to change the name of Gospel Hill Road to William H. Jones, Sr. Road and adopt Ordinance Number 2020-34, first reading. [Leigha Larkins, Planner] 3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. FIRST READING - Consider Ordinance 2020-32 for the dis-annexation of approximately 266.94 acres located between FM 1791 and State Highway 30 and known as “Parcel 4” in the attached exhibit, first reading. [Aron Kulhavy, City Manager] b. FIRST READING - Consider Ordinance 2020-33 for the dis-annexation of approximately 15.674 acres located on the south side of State Highway 75 North, near the intersection of State Highway 75 North and
Bert Lyle, 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 2Blake Irving, Ward 3Mayor Pro Tem Joe P. Rodriquez, Ward 4
Wire Road, and known as “Parcels 7A, 8 and 9” in the attached exhibit A-1, first reading. [Aron Kulhavy, City Manager] 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. Crystal Brown would like to discuss the City of Huntsville’s response to the rumors of threat against the Sam Houston Statue. b. Carolyn Moore would like to discuss the city’s response to and handling of the hoax regarding the Sam Houston Statue. c. Nia Williams would like to discuss the city’s negligent response to a Facebook post that they took as fact in regard to the “threat” to the Sam Houston Statue. d. Heather Robbins would like to discuss city's social media propagating false rumors against the Huntsville BLM, their subsequent removal of said post and lack of official retraction and apology in regard to the propagation of lies that inspired racist threats toward law abiding citizens. e. Crystal Diaz would like to request a response from the City Council on why they aided a false rumor about an attack on the Sam Houston Statue, also why they didn’t apologize once it was clear that it was a lie. f. Jeff Lane would like to discuss City Manager Kulhavy’s irresponsible decision to perpetuate a hoax. g. Amanda Louie would like to request a formal apology by city manager for lending legitimacy to an unfounded rumor which brought dozens of armed wanna-be vigilantes to our town who did not social distance or wear masks but who visited our local establishments, possibly spreading COVID in town. 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. 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 July 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: 7/16/2020 TIME OF POSTING: 10:15 a.m. 4:10 p.m. ____________________________ TAKEN DOWN: Brenda Poe, City Secretary
Brenda Poe
CITY OF HUNTSVILLE, TEXAS Andy Brauninger, Mayor HUNTSVILLE CITY COUNCIL AGENDA TUESDAY, JULY 21, 2020 REGULAR SESSION 6:00 P.M. AT CITY COUNCIL CHAMBERS HUNTSVILLE CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS 77340 City hall will implement 6-foot social distancing for those in attendance. The City reserves the right to take temperatures of those wanting to attend and encourages attendees to wear face masks. The City reserves the right to deny access to the meeting because of the above requirements for the safety of its citizens. For those who cannot attend because of the social distancing requirements or for the reasons listed above, the meeting will be broadcast live on the City website at www.HuntsvilleTX.gov/Meetings or on Facebook. The meeting will be recorded, and such recording will be made available on the City website at www.HuntsvilleTX.gov. 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. WORKSHOP [5:00 P.M.] Council will hear presentations on Capital Improvement Projects. MAIN SESSION [6:00 P.M.] CALL TO ORDER INVOCATION AND PLEDGES – U.S. Flag and Texas Flag 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 July 7, 2020. [Brenda Poe, City Secretary] b. Consider adoption of Ordinance 2020-31 calling for November 3, 2020, general election for the purpose of electing four (4) at-large Councilmembers, single reading required; and consider approving the 2020 Joint Election Agreement and Elections Services Contract with Walker County for the November 3, 2020 election. [Brenda Poe, City Secretary] c. Consider donation of property located at Lot 5, Block 46, Section 4 Elkin’s Lake Subdivision to the City of Huntsville. [Aron Kulhavy, City Manager] 2. STATUTORY AGENDA a. FIRST READING - Consider adopting Ordinance 2020-35 amending the Huntsville Code of Ordinances, specifically Chapter 12, Buildings and Building Regulations to provide requirements for the control of surface water run-off, first reading. [Kevin Byal, Director of Development Services / Building Official] b. FIRST READING - Consider a request to change the name of Gospel Hill Road to William H. Jones, Sr. Road and adopt Ordinance Number 2020-34, first reading. [Leigha Larkins, Planner] 3. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY a. FIRST READING - Consider Ordinance 2020-32 for the dis-annexation of approximately 266.94 acres located between FM 1791 and State Highway 30 and known as “Parcel 4” in the attached exhibit, first reading. [Aron Kulhavy, City Manager] b. FIRST READING - Consider Ordinance 2020-33 for the dis-annexation of approximately 15.674 acres located on the south side of State Highway 75 North, near the intersection of State Highway 75 North and Wire Road, and known as “Parcels 7A, 8 and 9” in the attached exhibit A-1, first reading. [Aron Kulhavy,
Bert Lyle, 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 2Blake Irving, Ward 3Mayor Pro Tem Joe P. Rodriquez, Ward 4
City Manager] 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. Crystal Brown would like to discuss the City of Huntsville’s response to the rumors of threat against the Sam Houston Statue. b. Carolyn Moore would like to discuss the city’s response to and handling of the hoax regarding the Sam Houston Statue. c. Nia Williams would like to discuss the city’s negligent response to a Facebook post that they took as fact in regard to the “threat” to the Sam Houston Statue. d. Heather Robbins would like to discuss city's social media propagating false rumors against the Huntsville BLM, their subsequent removal of said post and lack of official retraction and apology in regard to the propagation of lies that inspired racist threats toward law abiding citizens. e. Crystal Diaz would like to request a response from the City Council on why they aided a false rumor about an attack on the Sam Houston Statue, also why they didn’t apologize once it was clear that it was a lie. f. Jeff Lane would like to discuss City Manager Kulhavy’s irresponsible decision to perpetuate a hoax. g. Amanda Louie would like to request a formal apology by city manager for lending legitimacy to an unfounded rumor which brought dozens of armed wanna-be vigilantes to our town who did not social distance or wear masks but who visited our local establishments, possibly spreading COVID in town. 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. 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 July 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: 7/16/2020 TIME OF POSTING: 10:15 a.m. ____________________________ TAKEN DOWN: Brenda Poe, City Secretary
Brenda Poe
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 7th DAY OF JULY 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, Russell Humphrey, Dee Howard Mullins, Bert Lyle, Joe P. Rodriquez, Andy Brauninger, Clyde D. Loll COUNCILMEMBERS ABSENT: Mari Montgomery OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, City Secretary; Leonard Schneider, City Attorney MAIN SESSION [6:00 P.M.] CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Councilmember Blake Irving gave the invocation and Mayor Brauninger led the pledges. PROCLAMATION – Mayor Brauninger presented a proclamation for Huntsville’s 185 birthday to the Walker County Historical Society. PRESENTATION – Mayor Brauninger recognized Police Chief Kevin Lunsford’s recent award of Lifetime Achievement Award from the 100 Club. 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 June 16, 2020. [Brenda Poe, City Secretary] b. Consider authorizing the City Manager to enter into a contract for the rehabilitation of sanitary sewer manholes in the RC-04 Basin, a sub-basin of the Robinson Creek Watershed – Project No. 20-10-07. [Y. S. “Ram” Ramachandra, City Engineer] Councilmember Loll made a motion to approve the consent agenda; the motion was seconded by Mayor Pro Tem Rodriquez. The motion was adopted, 8-0. 2. CITY COUNICL/CITY MANAGER/CITY ATTORNEY a. FIRST READING - Consider Ordinance 2020-30 for the proposed dis-annexation of approximately 147.33 acres located on the east side of FM 1791, near the intersection of SH 30 and FM 1791, and known as “Area G.2,” first reading. [Aron Kulhavy, City Manager] Councilmember Beebe made a motion to suspend the two reading requirements of section 4.12 of the Charter and approve Ordinance 2020-30 for the dis-annexation of approximately 147.33 acres located on the east side of FM 1791, near the intersection of SH 30 and FM 1791, and known as “Parcel 15” in the attached exhibit; the motion was seconded by Councilmember Loll; The motion was adopted, 8-0. Mayor Pro Tem Rodriquez made a motion to approve Ordinance 2020-30 for the dis-annexation of approximately 147.33 acres located on the east side of FM 1791, near the intersection of SH 30 and FM 1791, and known as “Parcel 15” in the attached exhibit; the motion was seconded by Councilmember Beebe. The motion was adopted, 8-0.
b. Presentation on the preliminary budget for Fiscal Year 2020-2021, including updates to major funds and how the new budget compares to Fiscal Year 2019-20. Finance Director Steve Ritter presented a slideshow featuring the proposed budget in early stage. City Attorney advised Council to consider moving to 6a due to outside legal counsel. The Council adjourned to Executive Session for 6a at 6:37 p.m. Council reconvened at 7:07 p.m. and took action listed in 6a before resuming at 3a. 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. Allan Rushing would like to discuss corrupt HPD officers. Rushing addressed issues with HPD that his late wife experienced. b. Jason Copes would like to introduce the Community Peace Coalition. Copes presented a slideshow detailing the mission and objections of the Community Peace Coalition. c. Jason January would like to speak to the council about the fact that his retirement insurance was not given to him. January did not attend the meeting. 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.) The Mayor announced the Walker County Office of Emergency Management is supporting the Texas Department of Emergency Management and the military operating the Mobile COVID-19 Test Collection site from 9 am to 6 pm tomorrow, July 8, at the Walker County Fairgrounds. You do not have to be symptomatic to test, however you must register at txcovidtest.org or call 512-883-2400. A valid ID is required at check-in. Please do your part #HomeSweetHuntsville to slow the spread of this virus. Councilmember Rodriquez invited the public to the City of Huntsville Parks and Leisure Department’s Carpool Cinema featuring the new movie, ALADDIN, on Friday, July 17, at Kate Barr Ross Park, in field 6 parking lot. Showing starts at 9 p.m. and citizens are asked to stay inside their vehicles to practice social distancing. Please bring your own snacks and popcorn! For more information, call 936-294-5721 or kwheeler@huntsvilletx.gov. Councilmember Loll reminded citizens to escape the big box stores and head to the Huntsville Downtown Farmers Market for fresh produce and artisan goods. Happening every Saturday beginning May 23 through July from 8 am to Noon, on University Avenue near Rather Park. For more information, call 936-291-5920 or mainstreet@huntsvilletx.gov. Councilmember Humphrey spoke about the Democratic Runoff that begins with early voting from 8am – 5pm through July 10th at Walker County Annex. Election day will be 7 am to 7 pm at the Walker County Annex. There is No Republican Runoff. The City of Huntsville will begin taking applications for the four at-
large City Council positions on Monday, July 20th, for the November 3, 2020 Election. For more information, contact City Secretary Brenda Poe at 936-291-5413 or citysecretary@huntsvilletx.gov. Councilmember Lyle encouraged citizens to look at registering for the National Night Out. Due to the COVID-19 pandemic, organizers of the National Night Out campaign are strongly recommending that all National Night Out 2020 areas celebrate on October 6th, the first Tuesday in October. National Night Out enhances the relationship between neighbors and law enforcement while bringing back a true sense of community. Furthermore, it provides a great opportunity to bring police and neighbors together under positive circumstances. The state of Texas and select areas celebrate the first Tuesday in October. Find out how to register your neighborhood at natw.org. Mayor Brauninger also spoke about the Fireworks show held July 4th and thanked the City Manager for making it happen. 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] Council addressed item 6a, due to outside legal counsel at 6:37 p.m. Council reconvened at 7:07 p.m. See item 9a for Council action. b. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, 551.072 – deliberation regarding purchase, exchange, lease or value of real property – Raven’s Nest Golf Course. The Council adjourned to Executive Session for 6b and 9a at 7:44 p.m. 8. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY continued a. Consideration, discussion and possible action to approve settlement agreement with Plaintiffs Danny L Billingsley, Ragna Lynn Billingsley, GOAB Investments, LP, Champe W. Miller, Champe W. Miller Corporation, Perry and Eloise Little Living Trust, J.L. Gaut, Over & Under Properties, LLC, FM 1791, LLC and Thomas R. Cole, Jr. in Cause No. 1929442, Billingsley, et al v City of Huntsville. Councilmember Loll made a motion to accept the settlement agreements with plaintiffs Danny L Billingsley, Ragna Lynn Billingsley, GOAB Investments LP and Thomas R Cole Jr; the motion was seconded by Mayor Pro Tem Rodriquez. The motion was adopted, 8-0. Mayor Pro Tem Rodriquez mad a motion to approve the final settle agreement with Champe W. Miller Corporation, Champe W. Miller, Perry and Eloise Little Living Trust, J.L. Gaut; the motion was seconded by Councilmember Beebe. The motion was adopted, 8-0. 9. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, 551.074 – personnel matters regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the City Manager. The Council reconvened at 9:18 p.m. Mayor Pro Tem Rodriquez made a motion to renew the City Manager’s contract with a $5,000 raise per year; the motion was seconded by Beebe. The motion was adopted, 8-0. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 9:18 p.m.
Brenda Poe, City Secretary ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Brenda Poe, City Secretary Andy Brauninger, Mayor
Agenda Item #1b
Item/Subject: Consider adoption of Ordinance 2020-31 calling for November 3, 2020, general election for the purpose of electing four (4) at-large Councilmembers, single reading required; and consider approving the 2020 Joint Election Agreement and Elections Services Contract with Walker County for the November 3, 2020 election. Initiating Department/Presenter: City Secretary Presenter: Brenda Poe, City Secretary Recommended Motion: Move to adopt Ordinance 2020-31 calling for November 3, 2020, general election for the purpose of electing four (4) at-large Councilmembers, single reading required; and consider approving the 2020 Joint Election Agreement and Elections Services Contract with Walker County for the November 3, 2020 election. Strategic Initiative: Goal #2 - Communications - Provide public information outreach efforts that inform the public of City operations, accomplishments and policies and allows for citizens input on matters of Council policy. Discussion: Per the City Charter, the City holds a general election (those for City Council positions; all other elections are special elections) annually, alternating between the four at-large positions in even-numbered years and then the Mayor and four ward positions in odd-numbered years. The Texas Election Code Chapters 3 & 4 address the ordering and giving of notice of an election. EC 3.007 notes that “Failure to order a general election does not affect the validity of the election” but it is appropriate that the City Council call this election before the mandated date of August 17, 2020. Since November 2009, the City has contracted with Walker County to provide election services (equipment lease and conduct of early and election day voting) and to hold joint elections with participating entities under the provisions of the Texas Election Code (primarily Chapters 31 for contracting for election services, 123 for acquisition of voting systems and contracting for election equipment, and 271 for joint elections). Walker County Commissioners approved countywide polling locations (Attachment A) on July 6, 2020. The Secretary of State has not approved this change as of the deadline for posting. Also, please be aware that the Attachment B on election judges discussed in the Contract/Agreement is not approved, as is the case annually. Political party chairs have until the end of August to submit nominations for consideration by the Walker County Commissioner’s Court. The list will be provided to participating entities when approved. Previous Council Action: All City elections, general or special, are called by the City Council. Financial Implications: ☒Item is budgeted: 101-114-56020; amount determined by number of entities participating & number of ballot items. Currently budgeted for FY19-20 at $11,000. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
7/21/2020 Agenda Item: 1b
CITY COUNCIL AGENDA
Agenda Item #1b
Associated Information: Ord. 2020-31 2020 Joint Election Agreement and Election Services Contract with Attachments A & B
ORDINANCE NO. 2020-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, ORDERING A MUNICIPAL ELECTION TO BE HELD ON THE 3rd DAY OF NOVEMBER 2020, FOR THE PURPOSE OF ELECTING FOUR AT-LARGE COUNCILMEMBERS; DESIGNATING THE PLACES AND MANNER OF HOLDING THE ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1. The regular municipal election of the City of Huntsville, prescribed by Section 6.01 of the City Charter, shall be held between the hours of seven (7:00) o'clock a.m. and seven (7:00) o'clock p.m. on the 3rd day of November 2020, in the City, for the purpose of electing four at-large Councilmembers. SECTION 2. The City is hereby divided into 11 countywide election locations. The polling places for these shall be as follows: Precinct Countywide Polling Place 102 Walker County Annex, 1301 Sam Houston Ave. Ste. 101, Huntsville, Texas 77340 103 Cooks Springs Baptist Church, 1936-A SH 75 N, Huntsville, Texas 77320 104 Northside Baptist Church, 1207 FM 980, Huntsville, Texas 77320 201 Walker County Storm Shelter/Veteran’s Complex, 455 SH 75 N, Huntsville, Texas 77340 204 Walker County Fairgrounds, 3925 SH 30 W, Huntsville, Texas 77320 205 Elkins Lake Conference Center, 634 Cherry Hills Drive, Huntsville, Texas 77340 301 Huntsville ISD Transportation Building, 95 Martin Luther King, Huntsville, Texas 77320 302 Calvary Baptist Church, 1135 U. S. Hwy 190, Huntsville, Texas 77320 304 Riverside United Methodist Church, 2341 FM 980, Huntsville, Texas 77320 401 University Heights Baptist Church, 2400 Sycamore Avenue, Huntsville, Texas 77340 404 New Waverly First Baptist Church, 460 Fisher Street, New Waverly, Texas 77358 SECTION 3. This election shall be held in accordance with, and shall be governed by, the election laws of the State of Texas. In all City elections, the Mayor, City Secretary or City Council shall do and perform each act as in other elections required to be done and performed, respectively, by the County Judge, the County Clerk or the Commissioners' Court. The City Council has determined, pursuant to Chapter 31 of the Texas Election Code, that the City is authorized to enter into an Election Services Agreement with Walker County, Texas, and, pursuant to Chapter 271 of the Texas Election Code, the City is authorized to enter into a Joint Election Agreement with Walker County and other participating political subdivisions for this election. The City Secretary and Mayor are hereby authorized to perform all duties and take all actions as required by any joint election agreement(s) and/or the contract(s) for election services that may be authorized by City Council. SECTION 4. Any eligible and qualified person may have his name upon the official ballot as an independent candidate by submitting an application, which, in accordance with Texas Election Code Section 141.031, must be in writing and be signed and sworn to by the candidate and indicate the date that the candidate swears to the application. Such application for the general election may be filed with the City Secretary beginning on July 18, 2020 and must be filed not later than 5:00 p.m. on August 17, 2020. SECTION 5. At-Large Councilmembers for each of the City’s four seats shall be selected. The At-Large Councilmembers to be elected shall hold office for a period of two (2) years. SECTION 6. Each of the four Councilmembers shall be citizens of the United States, qualified and registered voters of the State of Texas; residents within the present corporate limits of Huntsville for at least twelve months immediately preceding the election; and current in payment of taxes and assessments due to the City. SECTION 7. The order in which the names of the candidates are to be printed on the ballot shall be determined
by a drawing of the City Secretary as provided by section 52.094 of the Texas Election Code. The form of the ballot for the election shall be as follows: OFFICIAL BALLOT General Election City of Huntsville, Texas November 3, 2020 INSTRUCTION NOTE: Vote for the candidate of your choice in each race by placing an "X" in the square beside the candidate's name. Councilmember, At-Large Position One (Vote for one) (candidates' name) (candidates' name) Councilmember, At-Large Position Two (Vote for one) (candidates' name) (candidates' name) Councilmember, At-Large Position Three (Vote for one) (candidates' name) (candidates' name) Councilmember, At-Large Position Four (Vote for one) (candidates' name) (candidates' name) SECTION 8. Diana L. McRae, the Walker County Election Officer/Tax Assessor-Collector, is the Early Voting Clerk (EVC), and Julie Cooper, Walker County Elections Manager, is appointed Deputy Early Voting Clerk (DEVC), for the joint early voting approved by Commissioners’ Court, as with respect to early voting in person and voting by mail, and the Walker County Annex, 1301 Sam Houston Avenue, Suite 101, is hereby designated as the Main Early Voting Site for early voting for the election. Applications for ballot by mail shall be mailed, faxed, or emailed to: Diana McRae, Walker County Tax Assessor-Collector 1301 Sam Houston Avenue, Suite 114, Huntsville, Texas 77340 Phone: (936) 436-4959 Fax Number: (936) 436-4961 Email: walkervr@co.walker.tx.us Early Voting in the election by personal appearance shall be conducted at the times, dates and polling places as provided for in the Walker County Joint Election Agreement and Election Services Contract between the City of Huntsville, Texas and Walker County, Texas, and further adopts any additions or amendments to such concerning early voting times, dates, and polling location as approved by the Walker County Deputy Elections Administrator. During the lawful early voting period, such clerk shall keep such place for early voting open for early voting from 8:00 a.m. - 5:00 p.m., Monday through Friday, October 19-30, 2020; from 7:00 a.m. - 7:00 p.m. on Tuesday, October 20, 2020 and Tuesday, October 27, 2020; and from 1:00 p.m. – 5:00 p.m. Saturday, October 24, 2020 and Sunday, October 25, 2020; except on official state holidays. SECTION 9. The Mayor and City Secretary are hereby directed to give notice of the election by: a) causing said notice of such election to be published at least forty (40) days prior to the date of such election in the newspaper; b) by publishing the notice at least one time, not more than thirty (30) days nor less than ten (10) days
before the election, in the newspaper; c) by filing with the City Secretary, for posting, a copy of said notice at least twenty-one (21) days before the election; and d) by posting on the City Hall bulletin board notice of the election at least twenty-one (21) days before the election. The Mayor and City Secretary shall file with the City Secretary a copy of the notice as published, together with the name of the newspaper and the dates of publication. SECTION 10. It is further found and determined that, in accordance with the order of this governing body, the City Secretary posted written notice of the date, place and subject of this meeting on the bulletin board located in the City Hall, a place convenient and readily accessible to the general public, and such notice having been so posted and remaining posted continuously for at least seventy-two (72) hours preceding the scheduled time of such meeting. SECTION 11. That the Mayor and/or the City Secretary of the City of Huntsville are hereby authorized to execute and/or issue, for an on behalf of the City, such orders, documents and forms as may, from time to time, be promulgated by the Secretary of State of the State of Texas in conjunction with the election herein ordained. SECTION 12. The Mayor and/or the City Secretary and the attorney for the City are hereby authorized and directed to make any filings required by the Federal Voting Rights Act. The Mayor and/or the City Secretary and the attorney for the City are further authorized and directed to take any action necessary to comply with the provisions of the Texas Elections Code, the Federal Voting Rights Act and the terms and provisions of any Election Services Contract(s) and the Joint Election Agreement(s) in carrying out the provisions of this Ordinance, whether or not expressly authorized herein.
SECTION 13. This ordinance shall take effect from and after its passage. PASSED AND APPROVED this 21st day of JULY 2020. THE CITY OF HUNTSVILLE Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ ________________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney
THE STATE OF TEXAS COUNTY OF WALKER
2020 JOINT ELECTION AGREEMENT Between the County of Walker, City of Huntsville, City of New Waverly, City of Riverside, Huntsville Independent School District, New Waverly Independent School District, Richards Independent School District, and Walker County Hospital District, AND ELECTION SERVICES CONTRACT Between the County Election Officer And the Political Subdivisions Listed Above Respectively ___________________________________________________________________ WHEREAS Texas Election Code Chapter 271, Joint Elections, authorizes two or more political subdivisions to enter into an agreement to hold their elections jointly in the election precincts that can be served by common polling places if the elections are to be held on the same day in all or part of the same territory; and WHEREAS the County of Walker, Texas (“County”), the City of Huntsville, Texas (“CityH”), the City of New Waverly, Texas (“CityNW”), the City of Riverside, Texas (“CityR”), the Huntsville Independent School District (“HISD”), the New Waverly Independent School District (“NWISD”), Richards Independent School District (“RISD”), and the Walker County Hospital District (“WCHD”) shall hold their respective general elections on Tuesday, November 3, 2020; and WHEREAS the County Election Officer, Diana L. McRae, hereinafter referred to as “Contracting Officer”, along with the Voter Registration/Elections Department (VR/ED) she oversees, and by authority of Section 31.092(a) of the Texas Election Code, enters into this election services contract with each political subdivision holding their respective general election on Tuesday, November 3, 2020 for the conduct and supervision of; and WHEREAS the County, CityH, CityNW, CityR, HISD, NWISD, RISD, and WCHD (also referred to as participating authority(ies)/entity(ies), joint participants, political subdivisions) represent that they have each adopted orders, resolutions or other official documents required by their respective governing bodies reciting the terms of this joint election agreement and the contract for election services; and WHEREAS the County, CityH, CityNW, CityR, HISD, NWISD, RISD, and WCHD find that this joint election agreement and this election services contract will adequately and conveniently serve all voters in Walker County and will facilitate the orderly conduct of the elections; and THEREFORE, the County, CityH, CityNW, CityR, HISD, NWISD, RISD, and WCHD agree as follows:
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The Walker County Voter Registration/Elections Department (VR/ED), under the direction of the County Election Officer, agrees to coordinate, supervise, and handle all aspects of administering the Joint Election in accordance with the provisions of the Texas Election Code and as outlined in this agreement. Each participating authority agrees to pay Walker County for leasing the equipment, election supplies, services and administrative costs as outlined in this agreement. The VR/ED will serve as administrator for the election; however, each participating authority remains responsible for the lawful conduct of their respective election. 1. Uniform Election Date. Joint elections to be held on November 3, 2020, unless canceled by certification of unopposed candidates under Section 2.051-2.053 of the Texas Election Code. If a political subdivision cancels its respective election pursuant to Section 2.053, the Contracting Officer shall be entitled to receive an administrative fee of $75.00 [Section 31.100(d)] and shall prepare and submit an invoice for payment within 60 days after the unofficial notification of cancellation is received. Once the cancellation of the election is formally approved by the respective governing body, the political subdivision shall provide a copy of the certification of cancellation to the VR/ED in order for it to be posted at each affected poll place on Election Day. Note: This Agreement does not include any provisions or costs associated with a subsequent runoff election. Any additional election, held on any day other than said uniform election date of November 3, 2020, will be subject to VR/ED availability and a new contract. 2. Voting Equipment. The VR/ED will provide voting machines and equipment, prepare them for use in the election including logic and accuracy testing, and transport them (or arrange to have them transported) to and from the early voting location(s) and the Election Day polling places. A testing board (consisting of at least two persons), overseen by the County Election Officer, has been established and will consist of the Election Manager, Election Specialist, and/or the Voter Registrar Specialist. 3. Election Supplies. The VR/ED will arrange for all necessary election supplies, including but not limited to ballots, election forms, maps, and supplies for election judges, ballot boxes, voting booths, transfer cans, electronic poll book and accessories, etc. and if necessary, instructions and other information needed to enable the election judges to conduct a proper election. The VR/ED will combine election forms and records in a manner convenient and adequate to record and report the results of the election for each of the participating entities as prescribed by Section 271.009 of the Texas Election Code. This includes the use of a single ballot containing all the offices or propositions stating measures to be voted on at a particular polling place (Section 271.007 Texas Election Code). Each participating entity will remain the filing authority for applications for a place on the ballot respectively and shall furnish to the VR/ED a list of candidates and/or propositions showing the order and the exact manner in which their candidate names and/or propositions are to appear on the official ballot in both English and in Spanish. The list will be delivered to the VR/ED as soon as possible after ballot positions have been determined by each of the participating authorities. Each participating authority will be responsible for proofreading and approving the ballot in so far as it pertains to the authority’s candidates and/or propositions. The VR/ED will order programming and ballots based on the projected number of ballots needed. In the event, a participating authority approved a ballot containing an error, that authority will be solely, financially responsible for all replacement costs of the programming and ballots, along with any additional related expenses (i.e. shipping, etc.). The VR/ED will be responsible for procuring the election supplies for an election. The ballot allocation will be in accordance to Section 51.005 of the Texas Election Code. In the case of a Local Option Election, the ballot allocation will be in accordance to Title 17, Section 501.104 of the Texas Election Code. However, the final ballot order will be calculated and authorized by the VR/ED to ensure sufficient supplies without excessive waste.
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4. Election Notices and other Pre-Election Matters. a. Each authority will post their respective election orders and public election notices; and provide a copy of the orders and notices with the VR/ED and those issued by VR/ED to each participating authority. b. The VR/ED will select, with Commissioners’ Court approval, and arrange for the use of all countywide polling locations. In the event a voting location is not available or a change has been made for another reason, the VR/ED will arrange for an alternate location and will notify each participating authority affected by the change. The countywide polling locations are listed in Attachment “A” of this agreement (contingent upon SOS approval). The VR/ED will notify each participating authority of any changes from the locations listed in Attachment “A”. 5. Election Judges, Clerks and Other Election Information. a. The VR/ED will be responsible for the appointment by Commissioners’ Court of the presiding judge and an alternate for each polling location. The VR/ED will arrange for training and compensation of all judges and clerks. The election judges are listed in Attachment “B” of this agreement. If a person is unable or unwilling to serve, the VR/ED will be responsible for the appointment of a replacement judge for the precinct and notify each participating authority affected by the change. b. The VR/ED will take the necessary steps to insure that all election judges appointed for the joint election are eligible to serve. c. The presiding judge for each election precinct appoints the election clerks, one of which must be the alternate judge, in the number determined/recommended by VR/ED and approved by Commissioners’ Court. The number of clerks may vary based on the type of the election(s), anticipated voter turnout, etc. The presiding judge is responsible for ensuring the eligibility of each appointed clerk. The VR/ED is available upon request to assist with eligibility questions and/or confirmations. d. The VR/ED will conduct one or more election schools, and will notify the election judges/workers and each participating authority of the date(s), time(s), and place(s) of such school(s). e. The election judges are responsible for picking up election supplies at the time and place determined by the VR/ED. Each election judge will receive $12.00 per hour and each clerk $11.00 per hour (for a maximum of 14 hours). The election judge will receive an additional $25.00 for picking up the election supplies prior to Election Day and for delivering election returns and supplies to the County Annex building on Election Night. f. The VR/ED will employ other personnel necessary for the proper administration of the election, including temporary staff, as is necessary to prepare for the election, to ensure the timely delivery of supplies and equipment during the period of early voting and for Election Day, and for the efficient collection of precinct supplies on election night at the central accumulation station. This temporary, election personnel will be paid $11.00 per hour as agreed upon by the participating authorities. 6. Early Voting. a. All participating entities agree to conduct their early voting jointly (Section 271.006 of the Texas Election Code). Diana L. McRae, the County Election Officer/Tax Assessor-Collector, is the Early Voting Clerk (EVC) as established by Secs. 83.002 and 83.006 of the Texas Election Code. Julie Cooper, Elections Manager, is appointed Deputy Early Voting Clerk (DEVC) for the joint early voting, approved by Commissioners’ Court, as with respect to early voting in person and voting by mail. Additional clerks may be appointed by the EVC/DEVC as needed to assist in the conduct of the election.
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b. The joint early voting will be conducted at the early voting poll place of the County at the Walker County Storm Shelter (reference Section 6d for specific details) and at minimum, will be the hours that the early voting clerk regularly conducts business and if applicable, will be extended to include any extended or weekend hours. c. The EVC/DEVC may appoint additional clerks for early voting by personal appearance/voting by mail as needed to assist in the conduct of the election. d. Early voting will be conducted at the following locations: Early Voting Site: Walker County Storm Shelter* 455 SH 75 North, Huntsville, TX 77320 *Court approved move due to Covid-19 and CDC guidelines Dates: October 19th – October 30th, Monday thru Friday Times: 8:00 am – 5:00 pm EXCEPTION: There will be two twelve hour days during early voting: Tuesday, Oct. 20th and Tuesday, 27th – Early Voting Hours 7:00am – 7:00pm There will be weekend voting at the Walker County Storm Shelter: Saturday, Oct. 24th and Sunday, Oct. 25th – Early Voting Hours 1:00pm – 5:00pm e. The Early Voting Ballot Board (EVBB), consisting of a presiding judge and at least two other members depending on type of election(s), will be appointed by the County Election Board in even numbered years and in odd numbered years Commissioners’ Court appoints the EVBB Judge only (name submitted by applicable party chair). The presiding judge is responsible for appointing election clerks and for their eligibility. The VR/ED is available upon request to assist with eligibility questions and/or confirmations. f. The presiding election judge of the EVBB will receive $12.00 per hour and election clerks of the EVBB will receive $11.00 per hour. Per Sec. 87.005(b) of TEC EVBB members may be compensated for a minimum of 10 hours of service, regardless of number of hours worked. 7. Election Day. a. The VR/ED will monitor all polling locations on Election Day for adequate supplies, operating voting systems, voter check-in assistance, qualifying the voter, etc. b. As required by law, the VR/ED will be open on Election Day and also available by phone, cell phone, e-mail, and instant messaging (via electronic poll books) to assist all election workers and participating authorities. 8. Returns of Elections. a. The VR/ED is responsible for establishing and operating the central accumulation station (CAS) in accordance with the provisions of the Texas Election Code and this agreement. The CAS is overseen by the County Election Officer/Central Accumulation Manager, appointed by Commissioners’ Court, with the assistance of the Election Manager as Tabulation Supervisor, the Election Specialist as the Assistant Tabulation Supervisor, along with numerous appointed Receiving Clerks based on the type of election, complexity of the election, etc. b. On election night as precinct returns arrive for processing, the VR/ED will provide timely cumulative reports of election results as soon as the returns are processed, accumulated and the initial reconciliation is completed. The VR/ED will be responsible for releasing cumulative totals, reflecting precinct returns via an election summary report to include early voting and election day to the joint participants and media by distribution of hard copies only, along with posting results to the County’s website. Walker County will operate an Election Results Center to release election results restricted to a representative of each joint participant and the media in
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the Walker County Annex Building located at 1301 Sam Houston Avenue. Please be aware that social distancing is required therefore there is limited space available. Masks are highly recommended. c. On election night, the VR/ED will have a designated area in the South Lobby of the Annex to accommodate one representative from each participating entity and media to receive election results. Specific instructions regarding recommended arrival time, entrance access, etc. will be sent out via email to each participating entity before Election Day as instructions may vary with each election. Please be aware that social distancing is required therefore there is limited space available. Masks are highly recommended. d. The VR/ED will be responsible for entering election night returns electronically as required by the Secretary of State’s Office. e. The VR/ED will prepare, after Election Day, the unofficial canvass report after all precinct returns have been accumulated, and will make available a copy of the unofficial precinct returns for canvassing to each participating authority as soon as possible after all returns, provisional and mail ballots have been tabulated; the unofficial precinct returns will be available by 12:00 noon onThursday, November 12, 2020. f. All participating authorities will be responsible for canvassing their respective election returns. As stated in Section 271.012 of the Texas Election Code, the presiding officer of the canvassing authority of each participating entity shall issue certificates of election to candidates elected in the joint election to offices of political subdivisions. Please refer to the publication provided by the Elections Division of the Secretary of State’s Office titled “Canvassing Elections and Qualification for Public Office” for an outline summarizing Texas case law and statutes relating to canvassing and reporting official election returns, as well as the laws specifying how candidates take office upon election. g. The VR/ED will be responsible for conducting the post-election manual recount in accordance with Section 127.201 of the Texas Election Code. The VR/ED will post required notice of recount and may require a representative of each participating authority to be present and if necessary, assist with the recount process. h. Each participating authority is responsible for entering their respective Precinct by Precinct election results through the Vote Count System, as required by the Secretary of State. 9. Records of the Election. a. The Contracting Officer (County Election Officer) shall serve as the general custodian of election records in accordance with Section 271.010 of the Texas Election Code. However, each participating entity will be the custodian and responsible for pre-election and post-election records for their respective elections to include but not limited to election orders, public election notices, applications for a place on the ballot, candidate drawing documents, along with canvassing records and certificates of election, etc. b. Election records will be available to each participating authority as well as to the public in accordance with the Public Information Act, Chapter 552 of the Texas Government Code and Chapter 66 of the Texas Election Code. c. Records of the election shall be preserved by VR/ED for at least 22 months after Election Day. (Sec.66.058) d. If records of the election are involved in any pending election contest, investigation, litigation, or Texas Public Information Act, the VR/ED will maintain the records until final resolution or until final judgment, whichever is applicable. It is the responsibility of any participating authority to bring to the attention of the VR/ED any notice of any pending contest, investigation, litigation, or Texas Public Information Act request which may be filed with a participating authority. e. Upon request to maintain records beyond eligibility for preservation according with Section 66.058 of the Texas Election Code, the VR/ED shall supply a written cost estimate for storage to requesting participant.
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10. Election Expenses. a. The participating authorities mutually agree to pay the actual expenses attributable to their portion of the programming, coding, and ballot layout costs. Programming of voting equipment owned by Walker County is prepared by Election Systems and Software (ES&S). b. The cost of any special request from a participant, which is not agreed upon by all authorities, shall be borne by that participant. c. The participating authorities mutually agree to share election expenses incurred, including but not limited to, the costs and expenses of election supplies, newspaper publication of the testing notice, MiFi service for electronic poll books, logic and accuracy testing, voting machines and equipment transportation, absentee voting expenses, and other election related expenses. d. The participating authorities mutually agree to share the cost of all election personnel including overtime (excluding the Contracting Officer). This will include the early voting election workers, Election Day workers, Early Voting Ballot Board, along with any temporary employees hired to assist with delivery of equipment and supplies, and election workers at the central accumulation station, etc. Any hours worked over forty (40) hours per week by the full-time employees of the VR/ED (shall be monitored and authorized by the County Election Officer) beginning the Friday immediately before early voting begins and concluding the Friday following Election Day, due to the complexity of the elections, will be paid at one and one half (1 ½) time his/her regular rate and will be a shared cost by all participating authorities. e. The participating authorities will share in all countywide polling place expenses. On Election Day, political subdivisions will split the personnel costs for all countywide poll places according to their prorated percentage of county registered voters. Contingent upon SOS approval. f. The participating authorities mutually agree to lease the county-owned election equipment in accordance with Section 123.032 of the Texas Election Code. The voting systems, adopted by Walker County Commissioners’ Court on June 10, 2019, to be used in the election are ES&S ExpressVotes (ADA accessible) and DS200 precinct tabulators. Early voting equipment will be shared by participating entities. On Election Day, political subdivisions will split cost to lease voting equipment for all countywide poll places according to their prorated percentage of county registered voters. g. The participating authorities mutually agree to pay an administrative fee to the county election officer for election services performed not to exceed 10% of the total cost of the election, but may not be less than $75.00, as authorized by Section 31.100(d) of the Texas Election Code. h. The participating authorities mutually agree to pay Walker County within thirty (30) days of receipt of the invoice. 11. Waiver of Damages. The Participating Authorities acknowledge that the electronic voting system and the programming of paper ballots is highly technical and that it is conceivable that despite the effort of the VR/ED it might fail during an election or might contain errors. The participating authorities agree that should the electronic voting system fail, the participating authorities will not make any claim against the County of Walker, the elected officials signed herein, or any of their employees, or agents for damages of any kind, including but not limited to damages incurred for having to conduct a second election caused as a result of such failure or error.
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The participating authorities acknowledge that joint elections present logistical problems and other problems over and above elections that may be conducted individually. The County of Walker, the elected officials signed herein, or any of their employees, or agents will use their best efforts to help ensure that a joint election will be conducted without error or mishap, but on occasion, errors or mishaps occur. Accordingly, the participating authorities agree that should an error or mishap occur they will not make any claim against the County of Walker, the elected officials signed herein, or any of their employees, or agents for damages of any kind including but not limited to damages incurred for having to conduct a second election, as a result of such error or mishap. To the extent possible by law, if legal action is filed against any of the participating authorities involving its’ respective election and if, the County and/or the elected officials signed herein or any of their employees, or agents, is named as a party to this legal action and the complaint is based solely on allegations made against that particular political subdivision, then that political subdivision, participating authority, shall be solely responsible for the costs and defense of that suit and shall be authorized to provide counsel of its choice for the County and/or the elected officials signed herein or any of their employees, or agents.
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The VR/ED will print multiple original documents and facilitate the coordination between the participating authorities and their respective governing bodies in order for each to have an original, signed and completed contract for each authority’s records. The VR/ED shall file a copy of this executed contract with the County Treasurer, County Judge, and County Auditor. SIGNED AND ENTERED into this joint agreement the 6th day of July, 2020 in duplicate originals. WALKER COUNTY THE CITY OF HUNTSVILLE Robert D. Pierce II, County Judge Andy Brauninger, Mayor Diana L. McRae, Tax Assessor-Collector/ County Election Officer Brenda Poe, City Secretary
Note: the signature page will be modified to include the County and each participating entity separately for the ease of coordination between participating entities and their respective governing bodies Attachment A – Polling Locations Attachment B – Election Judges
THE STATE OF TEXAS COUNTY OF WALKER
Attachment A (Joint Election Agreement, November 3,2020 Election) COUNTYWIDE POLL LOCATIONS Contingent upon SOS approval PCT LOCATION 102 WALKER COUNTY ANNEX 1301 Sam Houston Ave. Ste. 101, Huntsville, Texas 77340 103 COOK SPRINGS BAPTIST CHURCH 1936-A SH 75 N, Huntsville, Texas 77320 104 NORTHSIDE BAPTIST CHURCH 1207 FM 980, Huntsville, Texas 77320 201 WALKER COUNTY STORM SHELTER / VETERAN’S COMPLEX 455 SH 75 N, Huntsville, Texas 77340 204 WALKER COUNTY FAIRGROUNDS 3925 SH 30 W, Huntsville, Texas 77320 205 ELKINS LAKE CONFERENCE CENTER 634 Cherry Hills Drive, Huntsville, Texas 77340 301 HUNTSVILLE ISD TRANSPORTATION BUILDING 95 Martin Luther King, Huntsville, Texas 77320 302 CALVARY BAPTIST CHURCH 1135 U. S. Hwy 190, Huntsville, Texas 77320 304 RIVERSIDE UNITED METHODIST CHURCH 2341 FM 980, Huntsville, Texas 77320 401 UNIVERSITY HEIGHTS BAPTIST CHURCH 2400 Sycamore Avenue, Huntsville, Texas 77340 404 NEW WAVERLY FIRST BAPTIST CHURCH 460 Fisher Street, New Waverly, Texas 77358
THE STATE OF TEXAS COUNTY OF WALKER
Attachment B (Joint Election Agreement, November 3,2020 Election) ELECTION JUDGES (Submitted/Nominated by Party Chairs; To be appointed by Commissioners’ Court) Republican Judge/Alt Democratic Judge/Alt Precinct Precinct 101 Mike Faires 101 Thelma Giddens 102 Stephanie Fors 102 Marcie Grant 103 Rhonda Hanks 103 Enrique Herrera 104 Sylvia Rosenberger 104 Dorothy Willett 201 Martha Grisham 201 Peter Grivich 203 Pam Baldwin 203 Tamera Chasteen 204 Kara Veinotte 204 Joe Ann Anderson 205 Sally Kelly 205 Connie Heiland 206 Deborah Penny 206 Andy Dewees 301 Charles Lawson 301 Fred Guillory 302 Alice Ellisor 302 David Landmann 303 Mitch Walter 303 Mark Brown 304 Charlotte Miller 304 Chris Tyson 401 Rosemary Heinsohn 401 Brenda Muncrief 403 Cindy Rohe 403 Cindy Blaylock 404 Tammy Gann 404 Ray Martin
Agenda Item #1c
Item/Subject: Consider accepting donation of property located at Lot 5, Block 46, Section 4 Elkin’s Lake Subdivision to the City of Huntsville. Initiating Department/Presenter: City Manager Presenter: Aron Kulhavy, City Manager Recommended Motion: Move to accept the donation of property located at Lot 5, Block 46, Section 4 Elkin’s Lake Subdivision to the City of Huntsville and authorize the City Manager to execute all documents related to said donation. 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 staff received an offer to receive a donation of a piece of property in Elkin’s Lake Subdivision on Overbrook Drive. The physical address of the property is 808 Overbrook Drive. The property in question is in the floodplain and is encumbered by an easement to Elkin’s Lake #1 lift station. According to the Walker County Appraisal district, the property has and assessed value of $12,000. A map of the property is attached. Staff reviewed the request for property donation and recommends approval as the lot already serves as access to a lift station and as it cannot be developed easily since almost the entire lot is in the 100-Year floodplain. Should the Council approve the request, the City will prepare a deed for execution and cover the approximately $400 cost in transfer of the property. Previous Council Action: The Council has taken no action on this item. Financial Implications: ☒There is no financial impact associated with this item. The costs associated with the property transfer will be handled in existing operating budgets. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: Vicinity map
7/21/20 Agenda Item: 1c
CITY COUNCIL AGENDA
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CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
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808 OVERBROOK DRIVEELKINS LAKE - SEC. 4, BLOCK 46, LOT 5
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Agenda Item #2a
Item/Subject: FIRST READING - Consider adopting Ordinance 2020-35 amending the Huntsville Code of Ordinances, specifically Chapter 12, Buildings and Building Regulations to provide requirements for the control of surface water run-off, first reading. Initiating Department/Presenter: Development Services Presenter: Kevin Byal, Director of Development Services / Building Official Recommended Motion: First reading, no motion required Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens. Discussion: In-fill lot development (new construction on a vacant lot adjacent to existing homes or businesses) continues to generate concern about the diversion of the natural flow of surface water and its potential adverse effect on those adjacent properties.
When the in-fill development occurs, many times fill material is placed on the lot to adjust the elevation to accept the new foundation. This may or may not alter the natural flow of surface water where it historically flowed across the adjacent property. The Elkins Lake subdivision is where this is occurring most often, as many of the lots have homes built on them with several vacant lots scattered throughout.
Although the Texas Water Code provides regulations that prohibit the diversion of the natural flow of surface water in a manner that would cause damage to adjacent properties, the City of Huntsville Code of Ordinances contains no such regulations for this type of in-fill development of individual lots in an established subdivision.
To address the issue before the conditions are created, it is necessary to have a drainage plan that prescribes how the building site should be contoured to effectively direct the storm water runoff without a negative impact on adjacent properties. The degree of detail of the drainage plans varies based on the existing topography, the amount of fill material added to the site, the amount of earth excavated from the site or any combination of contour changes. Additionally, the degree of design capabilities to produce drainage plans also varies with the contour elements. More intensive changes in the contour most often require the drainage plans to be prepared by a professional engineer, while drawings for minor contour changes may be prepared by someone with novice drafting skills.
This proposed ordinance will not require detention on individual residential lots. It will require that some thought be put into mitigating the drainage impacts on neighboring properties in densely developed areas while at the same time not requiring such level of detail on the construction of a single-family residence on, for example, a one-acre tract. There will likely be some cost added for those situations where a detailed design is needed, but these will vary greatly depending on the site.
7/21/20 Agenda Item: 2a
CITY COUNCIL AGENDA
Agenda Item #2a
This ordinance will provide criteria to address a wide degree of conditions that may be encountered with infill development and impart enforcement authority when the surface water run-off is not controlled, creating an adverse impact to adjacent properties. Previous Council Action: Councilmember Rodriquez placed an item on the June 5, 2018, City Council agenda concerning water diversion on private property. The Council directed the City Manager and staff to return recommendations at the July 17, 2018 meeting. At the July 17, 2018 meeting, action on the motion to “require residential builders in the city of Huntsville to submit a detailed drainage plan for a residential construction permit if certain criteria are met” was postponed to the August 7, 2018 meeting. At the August 7, 2018 meeting, the item was discussed, and the motion was withdrawn without objection. Staff received no further direction. On October 16, 2018, Councilmember Allen requested an update on the item. He was informed that the Council did not give staff direction to further pursue the item and no further action has been taken on this item. Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☒City Attorney ☐Director of Finance ☒City Manager Associated Information: Exhibit A – Chapter 12 Buildings and Building Regulations -Redline Ordinance 2020-35
EXHIBIT A
Page 1 of 5
Chapter 12 - BUILDINGS AND BUILDING REGULATIONS
ARTICLE I. - IN GENERAL
Secs. 12-1—12-18. - Reserved.
ARTICLE II. - BUILDING CODES
Sec. 12-20. - Amendments to International Building Code.
The International Building Code is amended as follows:
(5) Section 107 is hereby amended in part to read:
107.2.5 Site plan. The construction documents submitted with the application for permit shall
be accompanied by a site plan showing to scale the size and location of new construction and
existing structures on the site, distance from lot lines, the established street grades, proposed
finished grades, all existing and proposed easements, storm sewers, natural drains, waterlines,
sewer lines, location of water and sewer connections, landscaping and parking; and it shall be
drawn in accordance with an accurate boundary line survey. In the case of demolition, the site
plan shall show construction to be demolished and the location and size of existing structures and
construction that are to remain on the site or plot. The building official is authorized to waive or
modify the requirement for a site plan when the application for permit is for alteration or repair or
when otherwise warranted.
107.6 No building permits shall be issued unless adequate water and sewer service is
available to the property or suitable arrangements have been made for obtaining water and sewer
service to the building site. The city engineer shall certify on said drawing when same is submitted
to the building official that the requirements of this paragraph have been made; otherwise, said
permit shall not be issued by the building official.
107.7. Plat diagram. No building permit shall be issued unless adequate information is
furnished showing the proposed vertical elevation of the finished floor of the structure in respect
to the street and lot comers and proof that the building is not subject to flooding by stormwater.
The city engineer may require additional engineering data, prepared by a registered professional
engineer, indicating the calculated 100-year high water elevation of creeks or drainage channels
when the building is proposed to be placed near the floodplain of the channel. Finished floor
elevations of proposed buildings near the floodplain of a creek or drainage channel shall be a
minimum of 1 foot vertically above the calculated 100-year high water elevation.
Section 107.8 Drainage Plan / Control of surface water runoff
For the purpose of development, it shall be a condition of every permit that the alterations
and improvements authorized thereunder shall not be permitted to adversely impede the natural
flow of surface waters from higher adjacent properties, nor to adversely discharge them upon any
properties at a more rapid rate, in greater quantities or in a different location that would have
resulted prior to the permitted improvements. For the purpose of this section, controlling surface
water runoff so as not to exceed predeveloped rates or patterns shall be known as “no adverse
impact”. Approval of drainage plans or the issuance of a certificate of occupancy shall not be
construed as an approval of a violation of state laws governing the diversion or pooling of surface
water run off or any provisions of this code or of other ordinances of the City of Huntsville.
Any person who violates a provision of this section shall be subject to the “Violation Penalties”
of this code.
Section 107.8.1 Drainage Plan
Control of surface water runoff shall be represented and demonstrated by means of a
Drainage Plan prepared using data based on site specific topography and providing sufficient
EXHIBIT A
Page 2 of 5
clarity in the plan, that when constructed, the improvements or alterations will control the surface
water runoff with no adverse impact to any other properties, including public Right-Of-Ways.
Drainage plans shall be either;
1) an Engineered Drainage Plan. This plan shall be prepared by a Professional
Engineer licensed to practice in the State of Texas. This plan will achieve the
appropriate control of surface water runoff so as to cause no adverse impact to
other properties or;
2) a Non-Engineered Drainage Plan. This plan may be prepared by any individual
capable of producing a plan that will achieve the appropriate control of surface water
runoff so as to cause no adverse impact to other properties.
All drainage plans shall be drawn to scale, provide pre-developed topographical elevations
and contours, show existing and proposed structures and the proposed post-development
topographical elevations and contours. All plans shall contain a statement that specifies that the
development shall not increase, impede, impound or block the existing flow of drainage on or
from other properties.
The type of plan required to be submitted is dependent upon the conditions present at the
development site and defined in this section, The Building Official is authorized to determine the
final level of detail required in the design of a drainage plan including the requirement to provide
engineered drainage plans.
Section 107.8.2 Conditions Requiring No Drainage Plan
a) A drainage plan may not be required if the proposed development does not require
a cut or fill of the existing grade, impede the natural flow of surface waters from
higher adjacent properties, nor to adversely discharge them upon any properties at
a more rapid rate, in greater quantities or in a different location that would have
resulted prior to the proposed improvements.
b) The proposed development is in a platted residential subdivision with an existing
approved drainage plan and the contours are not being altered or the site
development will not disturb or alter existing drainage patterns or velocity.
Section 107.8.3 Condition Requiring Non-Engineered Drainage Plans
At a minimum, a non-engineered drainage plan shall be provided for site development that
will alter existing drainage patterns and/or velocity due to elevation changes of one (1) foot to two
(2) feet on any portion of the site by grading, excavations or adding fill material. Additionally, the
site shall not have any grades in excess of 4:1.
Section 107.8.4 Condition Requiring Engineered Drainage Plans
An engineered drainage plan shall be required when proposed development contain any of
the following elements:
a) The proposed development is located within a Special Flood Hazard Area (SFHA);
b) site development that will alter existing drainage patterns or velocity due to elevation
changes greater than two (2) feet on any portion of the site by grading, excavations
or adding fill material;
c) sites that have any grades in excess of 4:1;
d) the site includes an established wet-weather waterway or all-weather waterway;
e) the site contains any drainage easements.
EXHIBIT A
Page 3 of 5
Section 107.8.3 Compliance with Drainage Plans and No Adverse Impact
Compliance with drainage plans and site improvement grading shall be verified with a site
improvement survey demonstrating no adverse impact to adjacent properties before the
foundation is installed.
(Code 1961, § 9.02.02; Ord. No. 94-13, 5-10-1994; Ord. No. 97-35, 11-25-1997; Ord. No. 2000-19, 9-26-
2000; Ord. No. 2002-08, 3-5-2002; Ord. No. 2006-02, 1-3-2006; Ord. No. 2006-22, § 9.02.02(109.3.05),
10-3-2006; Ord. No. 2011-50, § 3, 8-16-2011; Ord. No. 2017-43, § 2(Exh. A), 11-21-2017; Ord. No. 2019-
50 , § 2(Exh. A), 9-17-2019)
Sec. 12-26. - Amendments to International Residential Code.
(1) R102.5. Appendices: The following appendices are intended for enforcement and are made a
part of this Code and the city's adopting ordinance for all intents and purposes:
Appendix A—Sizing and Capacities of Gas Piping
Appendix B—Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods,
Category I Appliances, and Appliances Listed for Use and Type B Vents
Appendix C—Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems
Appendix J—Existing Buildings and Structures
Appendix G—Swimming Pools, Spas and Hot Tubs
(2) R103.1. The division of central inspections is hereby created and the official in charge thereof
shall be known as the building official.
(3) R103.2. Delete R103.2.
(4) R105.2. (1) is amended to add:
Regardless of size, accessory structures require a development permit.
(5) Section R106 is hereby amended in part to read:
R 106.2.1 Drainage Plan / Control of surface water runoff
For the purpose of development, it shall be a condition of every permit that the alterations
and improvements authorized thereunder shall not be permitted to adversely impede the natural
flow of surface waters from higher adjacent properties, nor to adversely discharge them upon any
properties at a more rapid rate, in greater quantities or in a different location that would have
resulted prior to the permitted improvements. For the purpose of this section, controlling surface
water runoff so as not to exceed predeveloped rates or patterns shall be known as “no adverse
impact”. Any person who violates a provision of this section shall be subject to the “Violation
Penalties” of this code.
R 106.2.2 Drainage Plan
Control of surface water runoff shall be represented and demonstrated by means of a
Drainage Plan prepared using data based on site specific topography and providing sufficient
clarity in the plan, that when constructed, the improvements or alterations will control the surface
water runoff with no adverse impact to any other properties, including public Right-Of-Ways.
Drainage plans shall be either;
1) an Engineered Drainage Plan. This plan shall be prepared by a Professional
Engineer licensed to practice in the State of Texas. This plan will achieve the
EXHIBIT A
Page 4 of 5
appropriate control of surface water runoff so as to cause no adverse impact to
other properties or;
2) a Non-Engineered Drainage Plan. This plan may be prepared by any individual
capable of producing a plan that will achieve the appropriate control of surface water
runoff so as to cause no adverse impact to other properties.
All drainage plans shall be drawn to scale, provide pre-developed topographical elevations
and contours, show existing and proposed structures and the proposed post-development
topographical elevations and contours. All plans shall contain a statement that specifies that the
development shall not increase, impede, impound or block the existing flow of drainage on or
from other properties.
The type of plan required to be submitted is dependent upon the conditions present at the
development site and defined in this section, The Building Official is authorized to determine the
final level of detail required in the design of a drainage plan including the requirement to provide
engineered drainage plans.
R 106.2.3 Conditions Requiring No Drainage Plan
a) A drainage plan may not be required if the proposed development does not require
a cut or fill of the existing grade, impede the natural flow of surface waters from
higher adjacent properties, nor to adversely discharge them upon any properties at
a more rapid rate, in greater quantities or in a different location that would have
resulted prior to the proposed improvements.
b) The proposed development is in a platted residential subdivision with an existing
approved drainage plan and the contours are not being altered or the site
development will not disturb or alter existing drainage patterns or velocity.
R 106.2.4 Condition Requiring Non-Engineered Drainage Plans
At a minimum, a non-engineered drainage plan shall be provided for site development that
will alter existing drainage patterns and/or velocity due to elevation changes of one (1) foot to two
(2) feet on any portion of the site by grading, excavations or adding fill material. Additionally, the
site shall not have any grades in excess of 4:1.
R 106.2.5 Condition Requiring Engineered Drainage Plans
An engineered drainage plan shall be required when proposed development contain any of
the following elements.
a) The proposed development is located within a Special Flood Hazard Area (SFHA);
b) site development that will alter existing drainage patterns or velocity due to elevation
changes greater than two (2) feet on any portion of the site by grading, excavations
or adding fill material;
c) sites that have any grades in excess of 4:1;
d) the site includes an established wet-weather waterway or all-weather waterway;
e) the site contains any drainage easements.
Section 107.2.6 Compliance with Drainage Plans and No Adverse Impact
Compliance with drainage plans and site improvement grading shall be verified with a site
improvement survey demonstrating no adverse impact to adjacent properties before the
foundation is installed.
(56) R109.1.05. Required site surveys. Prior to inspections involving footings, foundations, concrete
slabs or any item requiring under-floor inspection the building official shall require a site survey
prepared by a registered professional land surveyor showing the location of placed forms to be
inspected.
EXHIBIT A
Page 5 of 5
(67) Section 113.4. is amended as follows:
113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with
any of the requirements thereof or who erects, constructs, alters, repairs or occupies a building
or structure in violation of the approved construction documents or directive of the building official,
or of a permit or certificate issued under the provisions of this code, shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $2.000.00.
(78) P2602.1. Delete "if available" in the first sentence and add when public water and sewer is
within 300 feet of the property.
(89) Chapters 34, 35, 36, 37, 38, 39, 40 41 42, 43—Delete Chapters 34, 35, 36, 37, 38, 39, 40, 41,
42, 43 and replace with: The installation of electrical systems, equipment and components indoors
and outdoors shall be in accordance with NFPA 70 current edition as adopted and amended by
the State of Texas and Article V Electricity Huntsville Code of Ordinances.
(910) All plumbing work must be performed by persons with an appropriate plumbing license in
accordance with the provisions of the State Plumbing License Law under the direct supervision
of a master, journeyman or tradesman plumber that is physically on the work site during all times
that plumbing work is being performed.
(Code 1961, § 9.02.09; Ord. No. 2002-08, 3-5-2002; Ord. No. 2004-08, 3-23-2004; Ord. No. 2006-02, 1-
3-2006; Ord. No. 2006-23, § R109.1.05, 10-3-2006; Ord. No. 2011-50, § 3, 8-16-2011; Ord. No. 2016-43,
§ 2(Exh. A), 9-20-16; Ord. No. 2017-43, § 2(Exh. A), 11-21-2017; Ord. No. 2019-50 , § 2(Exh. A), 9-17-
2019)
ORDINANCE NO. 2020-35
AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF
ORDINANCES, SPECIFICALLY CHAPTER 12 “BUILDINGS AND BUILDING
REGULATIONS”; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the Huntsville Code of Ordinances, Chapter 12 “BUILDINGS AND BUILDING
REGULATIONS” provides for the regulation of residential and commercial
buildings for the health, safety and public welfare of the City’s residents:
WHEREAS, the City of Huntsville, as a home rule city may regulate this activity pursuant to its
broad powers of self-government; and
WHEREAS, City Council finds it necessary to amend its existing regulations of these activities
to protect the health and public safety; now therefore
WHEREAS, the City Council of the City of Huntsville, Texas now wishes to amend Chapter 12
to help promote the health, safety and welfare of its residents;
WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting
the same at the place reserved and designated for notices of public meetings and
public activities and prior to the adoption of this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1: The facts and matters set forth in the preamble of this Ordinance are found to be
true and correct and are hereby adopted, ratified, and confirmed.
SECTION 2: Huntsville Code of Ordinances Chapter 12 “BUILDINGS AND BUILDING
REGULATIONS”, Article II, Sections 12-20 and 12-26 are hereby amended as
shown on the attached Exhibit “A”.
SECTION 3: All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same are hereby, repealed and all
other ordinances of the City not in conflict with the provisions of this Ordinance
shall remain in full force and effect.
SECTION 4: Should any paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect
the validity of this Ordinance as a whole or any part or provision thereof, other than
the part so declared to be invalid, illegal or unconstitutional.
SECTION 5: This Ordinance, 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
___________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Agenda Item #2b
Item/Subject: FIRST READING - Consider a request to change the name of Gospel Hill Road to William H. Jones, Sr. Road and adopt Ordinance Number 2020-34, first reading. Initiating Department/Presenter: Development Services Presenter: Leigha Larkins, Planner Recommended Motion: No action necessary, first reading. 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: The City Council received a letter dated June 17, 2020 from Janis Jones Bradford, on behalf of the Jones Family, requesting to change the name of Gospel Hill Road to William H. Jones, Sr. Road. The request is made in honor of the memory of William H. Jones, Sr., Korean War Veteran and resident on Gospel Hill Road for more than 90 years. William H. Jones, Sr. passed away on June 4, 2020. The family has collected over 600 names on a Change.org petition in support of the change of the road name. (More than 80% of the signatures on the petition were from individuals outside of Huntsville. Due to the size of the Change.org petition, a copy will not be placed in the packet but is available from the City Secretary’s office) The family is requesting approval of the road name change in his memory for August 6, 2020, the date that would have been his 92nd birthday. The process of renaming a street is as follows: 1. Identify all adjacent property owners affected by the name change. 2. Send notice to all abutting property owner and public agencies of the proposed name change and allow a comment period. 3. Work with the City Attorney to prepare an ordinance for Council consideration. 4. If the ordinance is approved, staff will notify the property owners and service providers, (post office, 911, utility companies, etc.), of the name change and request the City Streets Division to install new street signs. 5. File the appropriate documents with the County Clerk’s office as needed.
Gospel Hill Road is a public street that intersects with State Highway 75 North. The street extends approximately one-half (1/2) mile to the north from the State Highway 75 North intersection. There are three (3) other public streets that intersect with Gospel Hill Road - Sowell Drive, Hill Street, and Gainous Street.
Gospel Hill Road is located in a historic section of the City which is known as the “Gospel Hill Area.” This area is defined to the west by Brunch Avenue and to the east by Smith Hill Road. The 50-foot wide right-of-way for Gospel Hill Road was originally defined/designated by unrecorded plats of Gibbs Brothers Tracts No. 13 and 14 which were not within the City Limits of Huntsville at the time of the plats.
7/21/20 Agenda Item: 2b
CITY COUNCIL AGENDA
Agenda Item #2b
The southern approximate two-third (2/3) of the Gospel Hill Area was annexed by the City of Huntsville in 1949. The remaining northern approximate one-third (1/3) of the Gospel Hill area was annexed by the City in 1969.
There are 47 property owners along Gospel Hill Road. The City sent written notice on June 30, 2020 to all of the property owners. Letters have also been sent to utility providers, taxing districts, and Walker County offices giving notice of the possibility of the name change for the street. The mailing lists for all who have received notice letters are attached to the Agenda Item.
Staff has received several letters in opposition to this request. Out of the 47 property owners who received notice about the possible renaming of Gospel Hill, 10 have expressed opposition to the request. Staff has received no correspondence in support of the request.
Should this ordinance be approved, the City Staff will: 1. Contact all property owners, taxing districts, and Walker County offices of this change and provide a copy of the executed ordinance. 2. Submit a work order to the Street Division to place new street signs. 3. File the appropriate documents with the County Clerk’s office. Should this ordinance not be approved, the City Staff will: 1. Contact all property owners, taxing districts, and Walker County offices of the failed attempt. Previous Council Action: None Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☒City Attorney ☐Director of Finance ☒City Manager Associated Information: Street Name Change Request Letter Mailing Lists of those contacted by the City notifying them of the requested change Ordinance 2020-34 Vicinity Map Feedback from Property Owners Petitions available in City Secretary’s Office upon request.
7/7/2020 City of Huntsville, Texas Mail - RE: RENAMING OF ROAD
https://mail.google.com/mail/u/0?ik=83b7a4ff59&view=pt&search=all&permthid=thread-f%3A1670417314035177093&simpl=msg-f%3A167041731403…3/4
The Honorable Andy Brauninger
1212 Avenue M
Huntsville, Tx 77340
June 17, 2020
Dear City Council Members
We, the Jones Family, would like to request your support as we work to rename Gospel Hill Road to William H. Jones, Sr.
Road.
My father, William Henry Jones, Sr. was very well- known and a veteran of the Korean War. He was a loyal citizen and a
resident of Gospel Hill Road for more than 90 years.
Our family has collected over 600 names petitioning our efforts to change the road name. We would be very appreciative
for you to support us by approving this name change in honor of him.
He passed away June 4, 2020 and would have been 92 this August 6, 2020.
We request this name change in honor of his memory on what would have been his 92nd birthday. (August 6, 2020).
Humbly Submitted,
Janis Jones Bradford
Janis Jones Bradford & The Jones Family
Janis Bradford
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Leigha Larkins <llarkins@huntsvilletx.gov>Wed, Jun 24, 2020 at 4:30 PM
Parcel ID Street Address %Property Owner Last Name First Name Mailing Address City, State, Zip Property Owners who Signed Petition36675101 Gospel Hill Rd Merchant Paul Merchant Paul 402 Parkhill Madisonville, Tx 7786443040107 Gospel Hill Rd Johnson Barbara Ann Johnson Barbara 107 Gospel Hill Rd Huntsville, TX 7732043310113 Gospel Hill Rd Ross Sherry Ann Ross Sherry 113 Gospel Hill Rd Huntsville, TX 7732036673115 Gospel Hill Rd Moore Rosie I Moore Rosie 115 Gospel Hill Rd Huntsville, TX 7732036671205 Gospel Hill Rd Thomas Shemaria Lamb Lamb Thomas 205 Gospel Hill Rd Huntsville, TX 7732036668305 Gospel Hill Rd Martinez Zeferina & Maurilia Tello Martinez Zeferina 305 Gospel Hill Rd Huntsville, TX 7732036664313 & 315 Gospel Rd Ortega Pablo & Jorge Luis Lara Ortega Pablo 313 Gospel Hill Rd Huntsville, TX 7732036636401 Gospel Hill Rd Harris George Harris George 403 Gospel Hill Rd Huntsville, TX 7732036634403 Gospel Hill Rd Jones Henry West Jones Henry 206 Gospel Hill Rd Huntsville, TX 7732028189410 Gospel Hill Rd Kelly Alice Kelly Alice 410 Gospel Hill Rd Huntsville, TX 7732028190406 Gospel Hill Rd Gilbert Sherman Sherman Gilbert 406 Gospel Hill Rd Huntsville, TX 7732028182402 Gospel Hill Rd Williams Charlie Williams Charlie 403 Gospel Hill Rd Huntsville, TX 7732028180314 Gospel Hill Rd Porter Gregory Porter Gregory PO Box 2922 Hollywood, CA 9007828178308 Gospel Hill Rd 89 Winfrey Louis 306 Gospel Hill Huntsville, TX 7732028177306 Gospel Hill Rd Louis Cathy Winfrey Winfry Louis 306 Gospel Hill Huntsville, TX 7732028191224 Gospel Hill Rd Hagans Michael G Hagans Michael 224 Gospel Hill Rd Huntsville, TX 77320 Michael Hagans signed handwritten28199206 Gospel Hill Rd Jones William Henry Sr. Jones Henry 206 Gospel Hill Rd Huntsville, TX 7732028201202 Gospel Hill Rd White Gloria & Kendrick Ross White Gloria 202 Gospel Hill Rd Huntsville, TX 77320 Gloria Ross signed handwritten28202114 Gospel Hill Rd Williams Edward B Williams Edward 114 Gospel Hill Rd Huntsville, TX 7732028204110 Gospel Hill Rd Hawkins Milford & Karen Hawkins Milford PO Box 1361 Huntsville, TX 7734228206108 Gospel Hill Rd Castaneda Magda Casteneda Magda 108-A Gospel Hill Huntsville, TX 7732028207104 Gospel Hill Rd Bridges Emzie Bridges Emzie 130 George Wilson Rd Huntsville, TX 7732028159102 Gospel Hill Rd Bookman Boozie Bookman Boozie PO Box 806 Huntsville, TX 7734228158100 Gospel Hill Rd Merchant Shaniquwa Merchant Shaniquiwa 300 Gospel Hill rd Huntsville, TX 773202815392 Gospel Hill Rd Crawford Lathon Janet Crawford Janet 92 Gospel Hill Rd Huntsville, TX 773202815190 Gospel Hill Rd Rolling Sharon R Rolling Sharon PO Box 635 Riverside, TX 7736736669Gospel Hill Rd Crawford Cleveland Crawford Cleveland 7202 Cardinal Circle Texas City, TX 7759136665307 Gospel Hill Rd Mundy Willie Mae Mundy Willie PO Box 6662 Huntsville, TX 7734236666307 Gospel Hill Rd Mundy Willie Mae Mundy Willie PO Box 6662 Huntsville, TX 7734236631410 Gospel Hill Rd Kelly Brendon W Kelly Brendon PO Box 1204 Huntsville, TX 7734228194300 Gospel Hill Rd Boone Jim Jr Boone Jim 141 Moffett Spring rd Huntsville, TX 7732028203112 Gospel Hill Rd Reed Burke Reed Brurke 7523 Fairington San Antonio, TX 7824436672Gospel Hill Rd White Gloria & Kendrick Rosd White Gloria 202 Gospel Hill Huntsville, TX 77320281502302 Gainous Street Ennis Eugene Ennis Eugene 2302 Gainous Street Huntsville, TX 773203667989 Gospel Hill Rd Davison Children Davison Ethelene 89 Gospel Hill Rd Huntsville, TX 773203667989 Gospel Hill Rd Davison Children Davison Ethelene 89 Gospel Hill Rd Huntsville, TX 77320366772214 Hill Street Davison Children Davison Ethelene 89 Gospel Hill Rd Huntsville, TX 7732028181400 Gospel Hill Rd Annette Harrison Archie Alberta Alberta Archie 320 Johnson Rd Huntsville, TX 7732028193302 Gospel Hill Rd Freddit Limbrick H M Smith Co LTD Smith H.M. 302 Gospel Hill Rd APT E Huntsville, TX 77320 C/O: Freddie Limbrick signed Change.org 28195 208 Gospel Hill Rd Willie Mae Brown Jones Emma D Jones Emma 206 Gospel Hill Huntsville, TX 773202815798 Gospel Hill Rd Cynthia Merchant Shaniquwa Merchant Merchant Shaniquiwa 2306 Ganius Street Huntsville, TX 773202815596 Gospel Hill Rd Oretha McGowan McGowan Robert L McGowan Robert PO Box 584 Huntsville, TX 773422815494 Gospel Hill Rd Brenda McGowan Harrison Rosetta Harrison Rosetta PO Box 584 Huntsville, TX 7732028183408 Gospel Hill Rd Hattie Hayward Farley Beulah Farley Beulah 5431 Dunsmere Street Houston, TX 7709128179310 Gospel Hill Rd Yvonne Hall Grover Earnest Estate Grover Earnest 5235 Via Cortez St Arlington, TX 76017
Company Name Adress City/Zip
AT&T – Chance Collins c/o of Yvonne McLaughlin
7602 Spring Cypress Road, Room 226 Spring, TX 75379Public Utility Commission of TX DeAnn T. Walker, Chairman P. O. Box 13326 Austin, TX 78711-3326Huntsville ISD Dr. Scott Shepphard 441 FM 2821 East Huntsville, TX 77320SuddenlinkManager1620 Normal Park Dr.Huntsville, TX 77340
Lance W. Simmons, P.E. TxDOT Bryan District Engineer
2591 North Earl Rudder Freeway Bryan, TX 77803-5190Jace Lee, P.E. TxDOT Huntsville Area Engineer 580 I-45 N.Huntsville, TX, 77320EntergyTracie R. Roberts 406 Louise St.Navasota, TX 77868United States Post Office Attn: Post Master 3190 HIGHWAY 30 HUNTSVILLE, TX 77340-9998United States Post Office Attn: Post Master 1315 10th St.HUNTSVILLE, TX 77320-9998
Gospel Hill Property Owners (Sent Notice on June 30, 2020)
Utility Providers (Sent Notice on July 6, 2020)
Centerpoint Energy Texas Gas Operations Economic Development Manager P O Box 1700 Houston, TX 77251-1700Mid-South Synergy P. O. Box 970 Navasota, TX 77868
ORDINANCE NO. 2020-34 AN ORDINANCE PROVIDING FOR THE CHANGE OF A STREET NAME WITHIN THE CITY OF HUNTSIVLLE, TEXAS; PROVIDING A REPEALING CLAUSE; AND PROVIDING A SEVERABILTITY CLAUSE. WHEREAS, it is the desire of the City Council of the City of Huntsville, Texas to change the name of a street in the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE: SECTION 1. That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct. SECTION 2. The City Council hereby declares the street named “Gospel Hill Road” located within the City limits to now be named “William H. Jones, Sr. Road”. SECTION 3. All other ordinances or parts of ordinances, or resolutions in conflict with the Ordinance are hereby repealed to the extent of any such conflict. SECTION 4. If any portion of the Ordinance shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provision hereof. SECTION 5. The City Secretary or appropriate City staff is directed to notify property owners and other service providers of the name change including, but not limited to, the local Huntsville Fire Department, the appropriate utilities and franchises, the United States Postal Service and the Walker County 911 Emergency Network. Further the City Public Works Department or appropriate City staff is directed to put up new street signs. SECTION 6. If is further directed that the City Secretary or appropriate City staff record the name change in the Official Public Records of Real Property for Walker County First Reading Date: __________________ PASSED AND APPROVED on the Second Reading on this the ____th day of ____________ 2020. THE CITY OF HUNTSVILLE ___________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ____________________________ ___________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 7/6/2020
Gospel Hill in ContextHuntsville GIS Division
1 in = 5,000 ft
0 1 20.5 mi
On 8.5 x 11 inch Print
On Any Print Size
Service Layer Credits: City of Huntsville GIS Division
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 7/6/2020
Gospel Hill & VicinityHuntsville GIS Division
1 in = 500 ft
0 0.1 0.20.05 mi
On 8.5 x 11 inch Print
On Any Print Size
Service Layer Credits: City of Huntsville GIS Division
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 7/6/2020
Gospel Hill RoadHuntsville GIS Division
1 in = 500 ft
0 0.1 0.20.05 mi
On 8.5 x 11 inch Print
On Any Print Size
Service Layer Credits: City of Huntsville GIS Division
The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis
By Phone By Email By LetterMilford Hawkins 936-295-1717Linda Walker Broussard 832-322-8360Robert McGowan 96 Gospel Hill RdGary Crawford councilmang@hotmail.comMarilynn Toney YESJohnnie Byrd 936-668-6063 409 Sowell DrBurke Reed 210-661-7544 cbuk2@aol.com 7523 Farington Drive San Antonio, TXBrendon Kelly PO Box 1204 Huntsville, TX / 410 Gospel Hill RdAlice Kelly 410 Gospel Hill RdEdward Williams 114 Gospel Hill Rd
None Yet
Oppose the Name Change
Support the Name Change
Log of members of the public who have provided feedback on the proposed street name change:
7/6/2020 City of Huntsville, Texas Mail - Gospel hill
https://mail.google.com/mail/u/0?ik=83b7a4ff59&view=pt&search=all&permmsgid=msg-f%3A1671060217430801692&simpl=msg-f%3A167106021743…1/1
Leigha Larkins <llarkins@huntsvilletx.gov>
Gospel hill
councilmang@hotmail.com <councilmang@hotmail.com>Wed, Jul 1, 2020 at 6:46 PM
To: llarkins@huntsvilletx.gov
To the Huntsville city council, my name is Gary Crawford I am a former ward 3 councilmember.I would like to see the
street name remain the same for Gospel hill. No I do not live there anymore. But my sister still resides on the property we
grew up on .92 Gospel Hill.when you say The hill it encompasses Sowell st Brunch and Gainous st and also Hill st.let me
be clear I have no disrespect for mr. Jones his grandchildren or any member of the Jones Family.I feel that the hill is a
community not just a street name.So I ask you to please consider my thoughts on the matter.
Thank you kindly
Gary Crawford.
Former Councilmember ward 3
Agenda Item #3a
Item/Subject: FIRST READING - Consider Ordinance 2020-32 for the dis-annexation of approximately 266.94 acres located between FM 1791 and State Highway 30 and known as “Parcel 4” in the attached exhibit, first reading. Initiating Department/Presenter: Development Services Presenter: Aron Kulhavy, City Manager Recommended Motion: First reading. Should the Council wish to take action on this item, an appropriate motion would be: Move to suspend the two reading requirements of section 4.12 of the Charter and approve Ordinance 2020-32 for the dis-annexation of approximately 266.94 acres located between FM 1791 and State Highway 30 and known as “Parcel 4” in the attached exhibit, first reading. Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse economy. Discussion: On October 1, 2019, City Council passed ordinance 2019-47 that completed the annexation of an approximately 1,082-acre area of land which included approximately 266.94 acres owned by Thomas Carroll Cole and Jan Carroll Cole. During the course of the annexation proceedings property owners, including the Coles, that had agricultural, timber or wildlife exemptions were offered annexation agreements that would effectively keep their property from being annexed for 45 year or until such time that the exemption became invalid due to subdivision or development the property. The Coles declined the annexation agreement and became party to a suit filed in the 12th District Court of Walker County, challenging the validity of the annexation. This led to multiple meetings between City representatives, the property owner, and the firm representing them in the suit, with the intent to negotiate an amicable agreement that would result in the owner dismissing the suit and entering into a settlement agreement. After several months, the terms of an agreement were reached between the City and the Coles, and on June 24, 2020, the agreement was executed. One of the conditions of the agreement is for the City to dis-annex the 266.94-acre property within 30 days after the effective date of the agreement. This ordinance will accomplish the dis-annexation to comply with the condition of the agreement. Since the date of the second reading will be outside of the 30 days after the effective date of the settlement agreement, staff recommends waiving the two reading requirements of this ordinance and approving the ordinance at the first reading.
7/21/2020 Agenda Item: 3a
CITY COUNCIL AGENDA
Agenda Item #3a
Previous Council Action: Annexation workshops for City Council were held on March 5, 2019 and April 16, 2019. Resolution 2019-27 was adopted on May 7, 2019, setting a date, time, and place, for a public hearing on the proposed annexation. Resolution 2019-28 was adopted on May 21, 2019, authorizing staff to prepare a service plan for each area of the proposed annexation. First of the two required public hearings was held on July 2, 2019 Second of the two required public hearings was held on July 16, 2019 First reading of the Annexation Ordinance was held on August 6, 2019 Second and final reading of the Annexation Ordinance was held on October 1, 2019 Council authorized settlement agreement and was executed on June 24, 2020 Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☒City Attorney ☐Director of Finance ☒City Manager Associated Information: Ordinance with Exhibits
ORDINANCE NO. 2020-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, EXCLUDING FROM THE CITY OF HUNTSVILLE CORPORATE LIMITS THE TRACT OF LAND THAT WAS ANNEXED INTO THE CITY BY ORDINANCE NO. 2019-47 AND DESIGNATED IN THAT ORDINANCE AS PARCEL 4 OF ANNEXATION AREA G; REDEFINING THE BOUNDARIES OF THE CITY OF HUNTSVILLE; MAKING FINDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR OTHER PROVISIONS. WHEREAS, on October 1, 2019 the City Council of the City of Huntsville, Walker County, Texas (the "City Council") adopted Ordinance No. 2019-47 which annexed certain land into the City of Huntsville, Texas ("City"); and WHEREAS, the City is a Home-Rule municipality of the State of Texas; and WHEREAS, Section 41.001 of the Texas Local Government Code provides that a municipality shall prepare and update a map that shows the boundaries of the municipality and of its extra- territorial jurisdiction; and WHEREAS, Section 43.142 of the Texas Local Government Code authorizes the City Council of a Home-Rule municipality to disannex land from the city; and WHEREAS, Section 2.01 of the City Charter of the City of Huntsville authorizes the City Council to fix the boundaries of the City of Huntsville by ordinance, and to annex and disannex land. WHEREAS, the tracts of land described in the attached Exhibit G-1 is the tract of land to be disannexed by this Ordinance; and WHEREAS, the City Council finds that is necessary for the government, interest, welfare, or good order of the municipality as a body politic to disannex the tracts of land described in this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: ARTICLE I SECTION 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted as the findings of the City Council of the City of Huntsville, Texas, and are made a part hereof for all purposes. SECTION 2. The tracts of land described in the attached Exhibit G-1 is hereby disannexed from the City
of Huntsville, Texas. The City Council further finds that no municipal taxes or fees have been charged, assessed, or collected from the owners of the tracts of land disannexed from the City by this Ordinance. SECTION 3. The City Council hereby instructs the Mayor and the City Staff to revise the City’s official map to reflect the change to the boundaries of the City accomplished by the disannexation of the tracts of land described above, and to make such other revisions to the map as are required by Section 41.001 of the Texas Local Government Code. SECTION 4. The City Secretary is hereby instructed to file a copy of this Ordinance and Certificate of Proceedings with the County Clerk of Walker County, Texas. SECTION 5. Severability. It is the intention of the City Council of the City of Huntsville, Texas that if any phrase, sentence, section, or paragraph of this Ordinance shall be declared unconstitutional or otherwise invalid by final judgment or a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remainder of this Ordinance since the same would have been enacted by the City Council without the incorporation of the unconstitutional or invalid phrase, sentence, section, or paragraph. SECTION 6. Compliance Clause and Effective Date. The City Council finds, determines, and declares that a sufficient written notice was posted and that this Ordinance was passed in accordance with the Open Meetings Act. The City Secretary is instructed to publish this Ordinance in the Official Newspaper of the City of Huntsville. This Ordinance takes effect immediately upon the adoption by the City Council of the City of Huntsville, Texas. First Reading waived by Council action. Passed and Approved by the City Council of the City of Huntsville, Texas on this the day of July 2020.
THE CITY OF HUNTSVILLE ___________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ___________________________ ___________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney
EXHIBIT “G-1”
Page 1 of 2
CITY OF HUNTSVILLE, TEXAS Engineering - Surveying 448 State Hwy. 75 N
Huntsville, Texas 77320 THE STATE OF TEXAS §
COUNTY OF WALKER §
I, Leonard E. Woods, Registered Professional Land Surveyor No. 2524, do hereby certify that this document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or
established by the creation or reconfiguration of the boundary of the political subdivision for which it was
prepared. AREA G – DIS-ANNEXATION PARCEL
Being a tract of land, containing approximately 266.94 acres of land, situated in the LEWIS COX
LEAGUE, Abstract No. 13, Walker County, Texas, and being Parcel 4 described in City of Huntsville ORDINANCE NO. 2019-47, for annexing an area of land, recorded as Instrument Number 51820, Official Public Records of Walker County, Texas, listed as follows:
PARCEL 4: Being a tract or parcel of land containing 266.94 acres of land, more or less, situated in the
LEWIS COX LEAGUE, Abstract No. 13, Walker County, Texas, being unsold balance of a called 39.6 acre tract and a called 251.78 acre tract described as “Tract No. I” and “Tract No. II”, respectively, in a Deed to Thomas Carroll Cole, Jr. and Jan Carroll Cole, recorded in Volume 42, page 09, Official Public Records of Walker County, Texas.
NOTE: See map labeled EXHIBIT “G-1” for graphic representation of Parcel 4. Prepared concurrently (as Page 2 of 2) with this legal description attached hereto and incorporated herein for all purposes.
Signed_________________________________ Leonard E. Woods Reg. Prof. Land Surveyor No. 2524
Y:\surveyors\PROJECTS\COH 19\PS\ANNEXATION\DE-ANNEXATION 6-2020\ AREA G – Cole\EXHIBIT G-1.doc
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CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 7/9/2020
PROPOSED DISANNEXATIONEXHIBIT "G-1"PAGE 2 OF 2
1 in = 2,000 ft
0 1,900 3,800950 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/gis
4
LEGEND
PROPOSED DISANNEXATION AREA
ANNEXED AREA
CITY LIMITS
EXHIBIT "G-1"
Agenda Item #3b
Item/Subject: FIRST READING - Consider Ordinance 2020-33 for the dis-annexation of approximately 15.674 acres located on the south side of State Highway 75 North, near the intersection of State Highway 75 North and Wire Road, and known as “Parcels 7A, 8 and 9” in the attached exhibit A-1, first reading. Initiating Department/Presenter: Development Services Presenter: Aron Kulhavy, City Manager Recommended Motion: First reading. Should the Council wish to take action on this item, an appropriate motion would be: Move to suspend the two reading requirements of section 4.12 of the Charter and approve Ordinance 2020-33 for the dis-annexation of approximately 15.674 acres located on the south side of State Highway 75 North, near the intersection of State Highway 75 North and Wire Road, and known as “Parcels 7A, 8 and 9” in the attached exhibit A-1. Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse economy. Discussion: On October 1, 2019, City Council passed ordinance 2019-41 that completed the annexation of an approximately 1,100-acre area of land which included approximately 15.674 acres owned by Lynn Ragna Hooks, GOAB Investments and Billingsley Parts and Equipment Incorporated, hereafter referred to as GOAB. GOAB filed suit in the 12th District Court of Walker County, challenging the validity of the annexation. This led to multiple meetings between City representatives, the property owner, and the firm representing them in the suit, with the intent to negotiate an amicable agreement that would result in the GOAB dismissing the suit and entering into a settlement agreement. After several months, the terms of an agreement were reached between the City and GOAB, and on June 26, 2020, the agreement was executed. One of the conditions of the agreement is for the City to dis-annex the 15.674 -acre property within 30 days after the effective date of the agreement. This ordinance will accomplish the dis-annexation to comply with the condition of the agreement. Since the date of the second reading will be outside of the 30 days after the effective date of the settlement agreement, staff recommends waiving the two reading requirements of this ordinance and approving the ordinance at the first reading. Previous Council Action: Annexation workshops for City Council were held on March 5, 2019 and April 16, 2019. Resolution 2019-27 was adopted on May 7, 2019, setting a date, time, and place, for a public hearing on the proposed annexation.
7/21/2020 Agenda Item: 3b
CITY COUNCIL AGENDA
Agenda Item #3b
Resolution 2019-28 was adopted on May 21, 2019, authorizing staff to prepare a service plan for each area of the proposed annexation. First of the two required public hearings was held on July 2, 2019 Second of the two required public hearings was held on July 16, 2019 First reading of the Annexation Ordinance was held on August 6, 2019 Second and final reading of the Annexation Ordinance was held on October 1, 2019 Council authorized settlement agreement and was executed on June 26, 2020 Financial Implications: ☒There is no financial impact associated with this item. Approvals: ☐City Attorney ☐Director of Finance ☒City Manager Associated Information: Ordinance 2020-33 with Exhibits
ORDINANCE NO. 2020-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, EXCLUDING FROM THE CITY OF HUNTSVILLE CORPORATE LIMITS THE TRACT OF LAND THAT WAS ANNEXED INTO THE CITY BY ORDINANCE NO. 2019-41 AND DESIGNATED IN THAT ORDINANCE AS PARCELS 7A, 8 AND 9 OF ANNEXATION AREA A; REDEFINING THE BOUNDARIES OF THE CITY OF HUNTSVILLE; MAKING FINDINGS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR OTHER PROVISIONS. WHEREAS, on October 1, 2019 the City Council of the City of Huntsville, Walker County, Texas (the "City Council") adopted Ordinance No. 2019-41 which annexed certain land into the City of Huntsville, Texas ("City"); and WHEREAS, the City is a Home-Rule municipality of the State of Texas; and WHEREAS, Section 41.001 of the Texas Local Government Code provides that a municipality shall prepare and update a map that shows the boundaries of the municipality and of its extra- territorial jurisdiction; and WHEREAS, Section 43.142 of the Texas Local Government Code authorizes the City Council of a Home-Rule municipality to disannex land from the city; and WHEREAS, Section 2.01 of the City Charter of the City of Huntsville authorizes the City Council to fix the boundaries of the City of Huntsville by ordinance, and to annex and disannex land. WHEREAS, the tracts of land described in the attached Exhibit A-1 are the tracts of land to be disannexed by this Ordinance; and WHEREAS, the City Council finds that is necessary for the government, interest, welfare, or good order of the municipality as a body politic to disannex the tracts of land described in this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: ARTICLE I SECTION 1. Findings. The foregoing recitals are hereby found to be true and correct and are hereby adopted as the findings of the City Council of the City of Huntsville, Texas, and are made a part hereof for all purposes. SECTION 2. The tracts of land described in the attached Exhibit A-1 are hereby disannexed from the
City of Huntsville, Texas. The City Council further finds that no municipal taxes or fees have been charged, assessed, or collected from the owners of the tracts of land disannexed from the City by this Ordinance. SECTION 3. The City Council hereby instructs the Mayor and the City Staff to revise the City’s official map to reflect the change to the boundaries of the City accomplished by the disannexation of the tracts of land described above, and to make such other revisions to the map as are required by Section 41.001 of the Texas Local Government Code. SECTION 4. The City Secretary is hereby instructed to file a copy of this Ordinance and Certificate of Proceedings with the County Clerk of Walker County, Texas. SECTION 5. Severability. It is the intention of the City Council of the City of Huntsville, Texas that if any phrase, sentence, section, or paragraph of this Ordinance shall be declared unconstitutional or otherwise invalid by final judgment or a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remainder of this Ordinance since the same would have been enacted by the City Council without the incorporation of the unconstitutional or invalid phrase, sentence, section, or paragraph. SECTION 6. Compliance Clause and Effective Date. The City Council finds, determines, and declares that a sufficient written notice was posted and that this Ordinance was passed in accordance with the Open Meetings Act. The City Secretary is instructed to publish this Ordinance in the Official Newspaper of the City of Huntsville. This Ordinance takes effect immediately upon the adoption by the City Council of the City of Huntsville, Texas. First Reading waived by Council action. Passed and Approved by the City Council of the City of Huntsville, Texas on this the day of July 2020.
THE CITY OF HUNTSVILLE ___________________________________ Andy Brauninger, Mayor ATTEST: APPROVED AS TO FORM: ___________________________ ___________________________ Brenda Poe, City Secretary Leonard Schneider, City Attorney
EXHIBIT “A-1”
Page 1 of 3
CITY OF HUNTSVILLE, TEXAS Engineering - Surveying 448 State Hwy. 75 N
Huntsville, Texas 77320 THE STATE OF TEXAS §
COUNTY OF WALKER §
I, Leonard E. Woods, Registered Professional Land Surveyor No. 2524, do hereby certify that this document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared. AREA A – DIS-ANNEXATION PARCELS
Being a tract of land, containing approximately 15.674 acres of land, situated in the HILLARY
M. CRABB LEAGUE, Abstract No. 15, Walker County, Texas, and being portions of Parcel 5, Parcel 6 and Parcel 7 and all of Parcel 8 and Parcel 9 described in City of Huntsville ORDINANCE NO. 2019-41, for annexing an area of land, recorded as Instrument Number 51814, Official Public Records of Walker County, Texas, listed as follows:
PARCEL 7A: Being a tract of land, situated in the HILLARY M. CRABB LEAGUE, Abstract No. 15, Walker County, Texas, and designated as UNRESTRICTED RESERVE “A”, BLOCK 1, 4.674 ACRES, according to a Plat of HUNTSVILLE (75) ADDITION recorded in Volume 6, page 179, Plat Records of Walker County, Texas, said 4.674 ACRES being comprised of portions of
PARCEL 5, PARCEL 6 and PARCEL 7, of Exhibit “A” of said City of Huntsville, Texas,
ORDINANCE NO. 2019-41, listed as follows: PARCEL 5: Being a tract or parcel of land containing 1.00 acre of land, more or less, situated in the HILLARY M. CRABB LEAGUE, Abstract No. 15, Walker County, Texas, and being all of a called
1.00 acre tract described in a Deed to GOAB Investments, L.P., recorded in Volume 540, page 802,
Official Public Records of Walker County, Texas. PARCEL 6: Being a tract or parcel of land containing 1.00 acre of land, more or less, situated in the HILLARY M. CRABB LEAGUE, Abstract No. 15, Walker County, Texas, and being all of a called
1.00 acre tract described in a Deed to Lynn Ragna Hooks, recorded in Volume 117, page 606, Official
Public Records of Walker County, Texas. PARCEL 7: Being a tract or parcel of land containing 4.38 acres of land, more or less, situated in the HILLARY M. CRABB LEAGUE, Abstract No. 15, Walker County, Texas, and being all of a called
4.38 acre tract described in a Deed to GOAB Investments, L.P., recorded in Volume 540, page 805,
Official Public Records of Walker County, Texas.
2020 Dis-Annexation Area A, Ex A GOAB-BILLINGSLEY, July, 2020 City of Huntsville Walker County, Texas
EXHIBIT “A-1”
Page 2 of 3
PARCEL 8: Being a tract or parcel of land containing 5.00 acres of land, more or less, situated in the HILLARY M. CRABB LEAGUE, Abstract No. 15, Walker County, Texas, and being all of a called 5.00 acre tract described in a Deed to GOAB Investments, L.P., recorded in Volume 538, page 572, Official Public Records of Walker County, Texas.
PARCEL 9: Being a tract or parcel of land containing 6.00 acres of land, more or less, situated in the HILLARY M. CRABB LEAGUE, Abstract No. 15, Walker County, Texas, and being all of a called 6.00 acre tract described in a Deed to Billingsley Parts and Equipment Incorporated, recorded in Volume 409, page 580, Deed Records of Walker County, Texas.
NOTE: See map labeled EXHIBIT “A-1” for graphic representation of Parcels 7A, 8 and 9. Prepared concurrently (as Page 3 of 3) with this legal description attached hereto and incorporated herein for all purposes.
Signed_________________________________
Leonard E. Woods Reg. Prof. Land Surveyor No. 2524
Y:\surveyors\PROJECTS\COH 19\PS\ANNEXATION\DE-ANNEXATION 6-2020\ AREA A – GOAB-BILLINGSLEY\EXHIBIT A-1.doc
WI
RE
RDTAM RDÆÿ75
SH 75 N
WI
RE
RD TAM RDSH 75 N
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 7/9/2020
PROPOSED DISANNEXATIONEXHIBIT "A-1"PAGE 3 OF 3
1 in = 500 ft
0 490 980245 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/gis
9
LEGEND
PROPOSED DISANNEXATION AREA
ANNEXED AREA
CITY LIMITS
EXHIBIT "A-1"
8 7A
WIRE RD
Brenda Poe <bpoe@huntsvilletx.gov>
Online Form Submittal: Citizen Participation Request
noreply@civicplus.com <noreply@civicplus.com>Sat, Jul 11, 2020 at 9:18 PM
To: CitySecretary@huntsvilletx.gov
Citizen Participation Request
Citizen Participation Request Form
Thank you for contacting the City of Huntsville to request an item be placed on an
upcoming regular City Council meeting agenda, under the Citizen Participation
section.
Please complete the fields below and contact the City Secretary's Office at 936-
291-5413, or via email if you have any questions or concerns.
If you prefer, requests may also be submitted in person in writing, in a couple ways:
By mail:
City Secretary
1212 Avenue M
Huntsville, Texas, 77340
By email: citysecretary@huntsvilletx.gov, or
By fax: 936-291-5409 (Attention: City Secretary's Office)
A citizen may provide an item for the agenda of a regular meeting (1st and 3rd
Tuesdays of each month) by submitting a Citizen Participation Request by noon on
the Tuesday prior to a regularly-scheduled City Council meeting.
First Name Crystal
Last Name Brown
Address1 620 Hickory Dr
Address2 Field not completed.
City Huntsville
State Texas
Zip 77320
Phone 936 714 1086
Email crysmay04@gmail.com
Please describe (in detail)
the item you are requesting
be on a City Council agenda:
The City of Huntsville’s response to the rumors of threat against
the Sam Houston Statue.
Brenda Poe <bpoe@huntsvilletx.gov>
Online Form Submittal: Citizen Participation Request
6 messages
noreply@civicplus.com <noreply@civicplus.com>Mon, Jul 13, 2020 at 9:31 PM
To: CitySecretary@huntsvilletx.gov
Citizen Participation Request
Citizen Participation Request Form
Thank you for contacting the City of Huntsville to request an item be placed on an
upcoming regular City Council meeting agenda, under the Citizen Participation
section.
Please complete the fields below and contact the City Secretary's Office at 936-
291-5413, or via email if you have any questions or concerns.
If you prefer, requests may also be submitted in person in writing, in a couple ways:
By mail:
City Secretary
1212 Avenue M
Huntsville, Texas, 77340
By email: citysecretary@huntsvilletx.gov, or
By fax: 936-291-5409 (Attention: City Secretary's Office)
A citizen may provide an item for the agenda of a regular meeting (1st and 3rd
Tuesdays of each month) by submitting a Citizen Participation Request by noon on
the Tuesday prior to a regularly-scheduled City Council meeting.
First Name Carolyn
Last Name Moore
Address1 8052 B State Highway 75 S
Address2 Field not completed.
City Huntsville
State TX
Zip 77340
Phone 561-271-0527
Email Carolyn.d.dachinger@gmail.com
Please describe (in detail)
the item you are requesting
be on a City Council agenda:
Discussion of the city’s response to and handling of the hoax
regarding the Sam Houston statue
Brenda Poe <bpoe@huntsvilletx.gov>
Online Form Submittal: Citizen Participation Request
noreply@civicplus.com <noreply@civicplus.com>Mon, Jul 13, 2020 at 10:45 PM
To: CitySecretary@huntsvilletx.gov
Citizen Participation Request
Citizen Participation Request Form
Thank you for contacting the City of Huntsville to request an item be placed on an
upcoming regular City Council meeting agenda, under the Citizen Participation
section.
Please complete the fields below and contact the City Secretary's Office at 936-
291-5413, or via email if you have any questions or concerns.
If you prefer, requests may also be submitted in person in writing, in a couple ways:
By mail:
City Secretary
1212 Avenue M
Huntsville, Texas, 77340
By email: citysecretary@huntsvilletx.gov, or
By fax: 936-291-5409 (Attention: City Secretary's Office)
A citizen may provide an item for the agenda of a regular meeting (1st and 3rd
Tuesdays of each month) by submitting a Citizen Participation Request by noon on
the Tuesday prior to a regularly-scheduled City Council meeting.
First Name Nia
Last Name Williams
Address1 138 Hidden Valley Circle Apt B
Address2 Field not completed.
City Huntsville
State Texas
Zip 77340
Phone 4092254123
Email Chellomaster58@gmail.com
Please describe (in detail)
the item you are requesting
be on a City Council agenda:
Concerning the city’s negligent response to a Facebook post
that they took as fact in regard to the “threat” to the Sam
Houston Statue. The city should be held accountable for this
mishandling, because it endangered the lives of Huntsville
citizens and resulted in armed “patriots” organizing to protect
the statue. Well over 10 of these citizens (who did NOT follow
the governor’s mask or social distancing ordinances) boasted
via social media to “start shooting.” They threatened “lethal
force” and other forms of blatant violence. If any one person
had appeared to be a “threat” to this group of “protectors”, they
would have been immediately met with violence—if not
bloodshed.
The city cannot and should not rely on social media as a news
outlet. They greatly mishandled this situation, and should take
accountability. The should admit their error, and at the very
LEAST, print/post a retraction and/or apology to Huntsville
citizens.
[Quoted text hidden]
Brenda Poe <bpoe@huntsvilletx.gov>
Online Form Submittal: Citizen Participation Request
noreply@civicplus.com <noreply@civicplus.com>Tue, Jul 14, 2020 at 12:06 AM
To: CitySecretary@huntsvilletx.gov
Citizen Participation Request
Citizen Participation Request Form
Thank you for contacting the City of Huntsville to request an item be placed on an
upcoming regular City Council meeting agenda, under the Citizen Participation
section.
Please complete the fields below and contact the City Secretary's Office at 936-
291-5413, or via email if you have any questions or concerns.
If you prefer, requests may also be submitted in person in writing, in a couple ways:
By mail:
City Secretary
1212 Avenue M
Huntsville, Texas, 77340
By email: citysecretary@huntsvilletx.gov, or
By fax: 936-291-5409 (Attention: City Secretary's Office)
A citizen may provide an item for the agenda of a regular meeting (1st and 3rd
Tuesdays of each month) by submitting a Citizen Participation Request by noon on
the Tuesday prior to a regularly-scheduled City Council meeting.
First Name Heather
Last Name Robbins
Address1 3644 Golden Rod
Address2 Field not completed.
City Huntsville
State TX
Zip 77340
Phone 8328517833
Email heatherrobbins75@gmail.com
Please describe (in detail)
the item you are requesting
be on a City Council agenda:
The city's social media propagating false rumors against the
Huntsville BLM, their subsequent removal of said post and lack
of official retraction and apology in regard to the propagation of
lies that inspired racist threats toward law abiding citizens.
[Quoted text hidden]
Brenda Poe <bpoe@huntsvilletx.gov>
Online Form Submittal: Citizen Participation Request
noreply@civicplus.com <noreply@civicplus.com>Tue, Jul 14, 2020 at 7:28 AM
To: CitySecretary@huntsvilletx.gov
Citizen Participation Request
Citizen Participation Request Form
Thank you for contacting the City of Huntsville to request an item be placed on an
upcoming regular City Council meeting agenda, under the Citizen Participation
section.
Please complete the fields below and contact the City Secretary's Office at 936-
291-5413, or via email if you have any questions or concerns.
If you prefer, requests may also be submitted in person in writing, in a couple ways:
By mail:
City Secretary
1212 Avenue M
Huntsville, Texas, 77340
By email: citysecretary@huntsvilletx.gov, or
By fax: 936-291-5409 (Attention: City Secretary's Office)
A citizen may provide an item for the agenda of a regular meeting (1st and 3rd
Tuesdays of each month) by submitting a Citizen Participation Request by noon on
the Tuesday prior to a regularly-scheduled City Council meeting.
First Name Crystal
Last Name Diaz
Address1 886 FM 980
Address2 Field not completed.
City Huntsville
State Tx
Zip 77320
Phone Field not completed.
Email Crickett115@yahoo.com
Please describe (in detail)
the item you are requesting
be on a City Council agenda:
I’d like a response from the City Council on why they aided a
false rumor about an attack on the Sam Houston statue, also
why they didn’t apologize once it was clear that it was a lie.
Brenda Poe <bpoe@huntsvilletx.gov>
Online Form Submittal: Citizen Participation Request
noreply@civicplus.com <noreply@civicplus.com>Tue, Jul 14, 2020 at 10:15 AM
To: CitySecretary@huntsvilletx.gov
Citizen Participation Request
Citizen Participation Request Form
Thank you for contacting the City of Huntsville to request an item be placed on an
upcoming regular City Council meeting agenda, under the Citizen Participation
section.
Please complete the fields below and contact the City Secretary's Office at 936-
291-5413, or via email if you have any questions or concerns.
If you prefer, requests may also be submitted in person in writing, in a couple ways:
By mail:
City Secretary
1212 Avenue M
Huntsville, Texas, 77340
By email: citysecretary@huntsvilletx.gov, or
By fax: 936-291-5409 (Attention: City Secretary's Office)
A citizen may provide an item for the agenda of a regular meeting (1st and 3rd
Tuesdays of each month) by submitting a Citizen Participation Request by noon on
the Tuesday prior to a regularly-scheduled City Council meeting.
First Name Jeff
Last Name Lane
Address1 2909 Montgomery rd
Address2 Field not completed.
City Huntsville
State TX
Zip 77340
Phone Field not completed.
Email Field not completed.
Please describe (in detail)
the item you are requesting
be on a City Council agenda:
City Manager Kulhavy’s irresponsible decision to perpetuate a
hoax.
Brenda Poe <bpoe@huntsvilletx.gov>
Online Form Submittal: Citizen Participation Request
noreply@civicplus.com <noreply@civicplus.com>Tue, Jul 14, 2020 at 11:28 AM
To: CitySecretary@huntsvilletx.gov
Citizen Participation Request
Citizen Participation Request Form
Thank you for contacting the City of Huntsville to request an item be placed on an
upcoming regular City Council meeting agenda, under the Citizen Participation
section.
Please complete the fields below and contact the City Secretary's Office at 936-
291-5413, or via email if you have any questions or concerns.
If you prefer, requests may also be submitted in person in writing, in a couple ways:
By mail:
City Secretary
1212 Avenue M
Huntsville, Texas, 77340
By email: citysecretary@huntsvilletx.gov, or
By fax: 936-291-5409 (Attention: City Secretary's Office)
A citizen may provide an item for the agenda of a regular meeting (1st and 3rd
Tuesdays of each month) by submitting a Citizen Participation Request by noon on
the Tuesday prior to a regularly-scheduled City Council meeting.
First Name Amanda
Last Name Louie
Address1 2205 Easley Circle
Address2 Field not completed.
City Huntsville
State TX
Zip 77320
Phone 936-293-0640
Email amandakc.louie@gmail.com
Please describe (in detail)
the item you are requesting
be on a City Council agenda:
A formal apology by city manager for lending legitimacy to an
unfounded rumor which brought dozens of armed wanna-be
vigilantes to our town who did not social distance or wear
masks but who visited our local establishments, possibly
spreading Covid in town. Also, a discussion of historical factors
which have lead to violence based on this sort of unfounded
fear-mongering.
[Quoted text hidden]