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7-7-2020 packetCITY OF HUNTSVILLE, TEXAS Andy Brauninger, Mayor HUNTSVILLE CITY COUNCIL AGENDA TUESDAY, JULY 7, 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. If you wish to email comments on any agenda items, you may do so by emailing the City Secretary at CitySecretary@HuntsvilleTX.gov. All comments must be emailed before 5 p.m. June 16, 2020. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary’s office (936.291.5413), two working days prior to the meeting for appropriate arrangements. MAIN SESSION [6:00 P.M.] CALL TO ORDER INVOCATION AND PLEDGES – U.S. Flag and Texas Flag PROCLAMATION – Huntsville’s 185 birthday PRESENTATION – Life-saving award – Recognition of Police Chief Kevin Lunsford 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] 2. CITY COUNCIL/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] 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. 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. b. Jason Copes would like to introduce the Community Peace Coalition. 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 2 Blake Irving, Ward 3 Mayor Pro Tem Joe P. Rodriquez, Ward 4 c. Jason January would like to speak to the council about the fact that his retirement insurance was not given to him. 4. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA 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.) 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. 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. 7. RECONVENE Take action on items discussed in executive session, if needed. 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. 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. 10. 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 7, 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: 7/2/2020 TIME OF POSTING: 11:00 am ____________________________ TAKEN DOWN: Brenda Poe, City Secretary Brenda Poe MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 16th DAY OF JUNE 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, Mari Montgomery COUNCILMEMBERS ABSENT: Clyde D. Loll OFFICERS PRESENT: Aron Kulhavy, City Manager; Brenda Poe, City Secretary; Leonard Schneider, City Attorney WORKSHOP [4:30 P.M.] – The City Council will hear a presentation on Bond Proposition 2 excess funding and code enforcement practices. MAIN SESSION [6:00 P.M.] CALL TO ORDER – Mayor Brauninger called the meeting to order at 6:00 p.m. INVOCATION AND PLEDGES U.S. Flag and Texas Flag: Honor the Texas Flag. I pledge allegiance to thee, Texas, one state, under God, one, and indivisible. Mayor Brauninger gave the invocation and led the pledges. PROCLAMATION - Juneteenth 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 2, 2020. [Brenda Poe, City Secretary] b. Consider adopting “Guidelines for Filming in Huntsville, Texas”. [Tammy Gann, Director of Economic Development/Special Projects] Councilmember Beebe made a motion to approve the consent agenda; the motion was seconded by Councilmember Howard Mullins. The motion was adopted, 8-0. 2. STATUTORY AGENDA a. Consider authorizing the City Manager to execute a contract with Infrastructure Management Services to perform a Street Condition Assessment. [Brent Sherrod, P.E., Director of Public Works] Mayor Pro Tem Rodriquez made a motion to authorize the City Manager to execute a contract with Infrastructure Management Services (IMS) to perform a Street Condition Assessment in the amount of $95,114.00; the motion was seconded by Councilmember Montgomery. The motion was adopted, 8-0. b. Consider adopting Resolution No. 2020-23 authorizing the City Manager, Finance Director, City Staff and the City’s Financial Advisor and Bond Counsel to proceed with all necessary processes and documents in connection with the sale of Certificates of Obligation for constructing, acquiring, improving, renovating, expanding and equipping City park and recreational facilities including the City’s existing MLK Community Center; and constructing, acquiring, improving, renovating, expanding and equipping an animal shelter including the purchase of any necessary land. [Steve Ritter, Finance Director, and Aron Kulhavy, City Manager] Councilmember Montgomery moved to adopt Resolution No. 2020-23 authorizing the City Manager, Finance Director, City Staff and the City’s Financial Advisor and Bond Counsel to proceed with all necessary processes and documents in connection with the sale of Certificates of Obligation for constructing, acquiring, improving, renovating, expanding and equipping City park and recreational facilities including the City’s existing MLK Community Center; and constructing, acquiring, improving, renovating, expanding and equipping an animal shelter including the purchase of any necessary land; the motion was seconded by Councilmember Lyle. The motion was adopted, 8-0. 3. CITY COUNICL/CITY MANAGER/CITY ATTORNEY a. Consider approving nominee for City boards, committees, and commissions. [Andy Brauninger, Mayor] The Mayor moved his nominations. The motion was adopted, 6-2, with Councilmember Howard and Irving voting against. Councilmember Montgomery said she was thankful for the glimpse into the appointment. Councilmember Howard made a statement about diverse representation on advisory boards and commissions. 4. REQUESTS FOR CITIZEN PARTICIPATION An opportunity for citizens to be heard on any topic and for the City Council to participate in the discussion. No action will be taken. None 5. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA None 6. ITEMS OF COMMUNITY INTEREST (Hear announcements concerning items of community interest from the Mayor, Councilmembers, and City staff, for which no action will be discussed or taken.) The Mayor announced the City of Huntsville celebrated the Premier of Bond Proposition 3 on Friday with a ribbon cutting in conjunction with the Huntsville/Walker County Chamber of Commerce. The event marked the completion of Water and Wastewater improvements approved by voters in 2016. We had several former City Councilmembers join us. While there are some small items to be completed, we mark the first proposition as a success. We also held a drive through lunch for staff in honor of Public Works Week. Councilmember Beebe reported on the inaugural Stop Distracted Driving Fun Run benefiting the Peyton Irwin Memorial Scholarship Fund was held on June 6 with over 350 participants. Billy and Deanna Irwin are members of the City of Huntsville family, with many community supporters. Staff and I showed support by attending the event. Stop distracted driving, for the sake of others. Find out more about the scholarship fund on Facebook. Councilmember Irving invited the public to the Juneteenth CommUNITY Walk will be held Saturday, June 20, starting with a march from Sam Houston Cultural Center to MLK along the parade route. There will be shuttle buses from Emancipation Park to the Center and rest stops along the parade route. A program will start at 11 at the park. The community from all walks of life are invited to come join us as together we can make a difference. Councilmember Howard Mullins spoke about the Ministry of Light Baptist Church, with the support of the City of Huntsville Council, held a Ministry of Light Annual Community Clean-Up on Saturday June 13. It was a productive day for the Church and City with volunteers working hard to clean up their neighborhoods. A special thank you to Huntsville Community Policing Officer David Warner for joining us. Rev. Tommy Manual spoke about the success of the partnership. City Secretary Brenda Poe showed a video about the 2020 Census and a new Economic Development campaign name Huntsville First explained by Economic Development Director Tamara Gann. 7. EXECUTIVE SESSION a. City Council will convene in closed session as authorized by Texas Government Code, Chapter 551, 551.071 to receive legal advice on the annexation of Area E and the annexation of areas “A” thru “G” and lawsuits filed in Cause No. 1929442, Billingsley, et al v City of Huntsville, regarding said annexation. [Leonard Schneider, City Attorney] The Council adjourned to Executive Session at 6:39 p.m. 8. RECONVENE The Council reconvened 6:59 p.m. 9. 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. Mayor Pro Tem Rodriquez made a motion to approve the settle agreements of Over & Under Properties LLC and FM 1791 LLC in Cause No. 1929442, Billingsley, et al v City of Huntsville; the motion was seconded by Councilmembers Beebe and Montgomery. The motion was adopted, 8-0. ADJOURNMENT Mayor Brauninger adjourned the meeting without objection at 7:01 p.m. Brenda Poe, City Secretary ATTEST: CITY OF HUNTSVILLE ________________________________ ________________________________ Brenda Poe, City Secretary Andy Brauninger, Mayor Agenda Item #1b Item/Subject: 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. Initiating Department/Presenter: Engineering Presenter: Y. S. “Ram” Ramachandra, City Engineer Recommended Motion: Move to authorize 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. 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: During the 2016 citywide Wastewater Collection System Condition and Capacity Assessment Study (2016 Wastewater System Study), it was revealed that a sub-basin of Robinson Creek Watershed, named the RC-04 Basin, was contributing to excessive infiltration and inflow (I & I) to the sewer system that flows to the Robinson Creek Wastewater Treatment Plant (WWTP). Excessive I & I to the wastewater system will adversely affect the treatment efficiency of the WWTP and could be to the extent the discharge from the WWTP not meeting the regulatory compliances. One of the main reasons for excessive I & I is due to manhole corrosion. These manholes can be rehabilitated by applying protective coatings that are effective against corrosion and extends the life of the manholes. Rehabilitation of deteriorated concrete manholes along the 21” trunk sewer main in RC-04 (location map attached) will help in reducing I & I and provides additional 20 to 25 years of life expectancy. Protective coatings will be achieved by applying two linings. First, a cement lining over a high-pressure cleaned inner surface of the manhole will be applied to evenly cover the corroded surface. Over the cement lining, an epoxy lining will be applied to prevent future corrosion. This method of rehabilitation of sewer manholes in the City has been used in before. Southern Trenchless Solutions, of La Feria, Texas, provides the needed method of cure for the manholes and has successfully worked on City projects previously. Southern Trenchless Solutions is a participant in the Texas Association of School Boards (TASB) BuyBoard Cooperative Purchasing program. City staff has obtained Texas Association of School Boards (TASB) BuyBoard cooperative contract pricing for the required services due to the historically advantageous pricing afforded by this cooperative purchasing program. The TASB BuyBoard contract will be utilized for the purchase of the required services in the amount of $183,644.88 from Southern Trenchless Solutions, to rehabilitate 35 manholes. The cooperative contract meets all requirements of the Local Government Code Chapter 252 regarding competitive bidding by Texas municipalities. Some manholes require other minor repair work such as bottom bench rebuild, and it is included in attached scope of work. 7/7/2020 Agenda Item: 1b CITY COUNCIL AGENDA Agenda Item #1b Staff recommends approving Southern Trenchless Solutions to provide manhole rehabilitation services for the RC-04 Basin manholes. Southern Trenchless Solutions is expected to complete the manhole rehabilitation work in approximately two months from the date of notice to proceed. Previous Council Action: The City Council funded $200,000 in the FY 2019-2020 budget for RC-04 Basin Manhole Rehabilitation work. Financial Implications: ☒Item is budgeted: 702-7192-62300 - Current balance is $200,000 Approvals: ☒City Attorney ☒Director of Finance ☒City Manager Associated Information: • Location Map of RC-04 Basin Manhole Rehab Project • BuyBoard pricing proposal from Southern Trenchless Solutions !O!O!O !O!O !O !O !O !O !O !O !O!O!O !O !O !O !O !O !O !O !O !O !O !O !O !O !O !O !O !O !O !O UV1374 Æÿ30 Æÿ30 §¨¦45 §¨¦45 19TH ST SMITHER DR 23RDST 2 2 N D S T 20TH S T MEDICALPARK LN IH 45 S FEE D E R R D IH 45 S F E E D E R R D C O L E T H E R E D G E B L V D TRAILW O ODDRDIRTRD20THST AVESV E T E R A N S ME M O RI A L P K WY VETERANS MEMORIALPKWY HEATHLNAVE OWES T RI DGE DRAVEP 1/2AVE QTU R T L E C R E E K C IR 2 3 R D S T NESTORRD AVE RBAKERSRD AVE PAVE MA V E T R O BIN S O N C R E E K P K WY BENTBOUGH PKROBINSON WAYMAJESTICDR F ORE ST L NDARRELL W HITE RD SERENITYLNW O O D W A R D D RGAZEBO ST PINE HILL RD SPRI NG DRSUMAC RDSUMMER PLACE WILSON RD CLUB LAKE RD SpringLake ClubLakeTown Branch DryCreek McGary Creek Rob i n s o n CreekCITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION 8 CREATED DATE: 6/26/2020 REHABILITATION OF MANHOLES IN RC-04 BASINA SUB-BASIN OF ROBINSON CREEK WATERSHED 1 in = 2,000 ft 0 1,900 3,800950 Feet On 8.5 x 11 inch Print On Any Print Size Service Layer Credits: The City of Huntsville, TX GIS Division The City of Huntsville, Texas or its employees gives NO warranty, expressed or implied, as to the accuracy, reliability, or completeness of these data. See full GIS Data Disclaimer at: www.huntsvilletx.gov/gis PROJECT SEGMENT LEGEND PROJECT SEGMENT CITY LIMITS Quote Issued:2/28/2020 Adminstx@southerntrenchless.com Project:City of Huntsville - Manhole Rehabilitation PH II Buyboard Proposal Code No: 555-18 Line No. Item No.Description QTY UNIT Unit Price Total 1 380 Mobilization 1 EA 3,850.00$ $ 3,850.00 2 360 Manhole Rehabilitation - cementitious 4823 SF 15.00$ $ 72,345.00 3 361 Manhole Rehabilitation - epoxy 4823 SF 12.00$ $ 57,876.00 4 366 Manhole Bench Rebuild 25 EA 325.00$ $ 8,125.00 5 Misc Inflow Dish 11 EA 100.00$ $ 1,100.00 6 Misc Coating Removals 35 EA 1,000.00$ $ 35,000.00 Payment & Performace Bonds 1 EA 5,348.88$ $ 5,348.88 *** Scope of Work *** 1 Prep each surface with a minimum of 4000 psi, high pressure water blast 2 RS-Patch to be used on rebuild bench's, chimney's, pipe seals and to fill bug 3 Apply 1" to 4" Structural Repair Mortar as needed 4 5 6 Start date 4 to 6 weeks and 30 Days of Construction Total $ 183,644.88 Exclusion:1 Does Not Include Bypass or Point Repairs. 2 Water to be provided by the City of Huntsville at no charge to Southern Trenchless, LLC. 3 Waste site to be provided by City of Huntsville. Instructions:**Upon Receipt of Signed Proposal & Purchase Order we will begin to execute contract. **Duration of the project will be one week. Signature: _________________Print Name: __________________ Title:_____________________ City will only be billed for work performed. Actual Cost will vary depending on the conditions Ph# 956-277-0354 Fax# 956-277-0355 Purchase Order # Buyboard Invoice Apply 125" Mils Epoxy Topcoat Quote:9361 Invoice Issued: P O Box 8084; Weslaco, TX 78599 Invoice: 1200 W Exp 83, La Feria, TX 78559 We Appreciate Your Business!!! Agenda Item #2a Item/Subject: FIRST READING - Consider 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, 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 2020-30 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. 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 147.33 acres owned by Over and Under Properties, LLC. During the course of the annexation proceedings property owners, including Over and Under Properties, LLC, 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. Over and Under Properties, LLC declined the annexation agreement and 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 owner dismissing the suit and entering into a settlement agreement. After several months, the terms of an agreement were reached between the City and Over and Under Properties LLC, and on June 17, 2020, the agreement was executed. One of the conditions of the agreement is for the City to dis-annex the 147.33-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. 7/7/2020 Agenda Item: 2a CITY COUNCIL AGENDA Agenda Item #2a 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 17, 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. 2020-30 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 15 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 A-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 A-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 Date: __________________ Passed and Approved by the City Council of the City of Huntsville, Texas 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 EXHIBIT “A-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 147.33 acres of land, situated in the LEWIS COX LEAGUE, Abstract No. 13, Walker County, Texas, and being Parcel 15 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 15: Being a tract or parcel of land containing 147.33 acres of land, more or less, situated in the LEWIS COX LEAGUE, Abstract No. 13, Walker County, Texas, being all of a called 147.33 acre tract, described in a Deed to Over and Under Properties, LLC, recorded in Volume 1245, page 192, Official Public Records of Walker County, Texas. NOTE: See map labeled EXHIBIT “A-1” for graphic representation of Parcel 15. 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 – Over & Under\EXHIBIT A-1.doc F ORES T L NWEST RI DGE DRDAHLIA RD IH 45 N FEEDER RD SUMAC RDGAZEBO ST TENOLIA LNVETERANS MEMORIAL PKWYAUTUMN WAY DEERFIELD RDBRIAR MEADOW TIMBERWILDE DR SUMMER PLACEFRASER RDELMWOOD STYOUNG STH O L L A N D S T NESTOR RD IH 45 N FEEDER RD VETERANS MEMORIAL PKWYÆÿ30 Æÿ75 UV1791 CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION 8 CREATED DATE: 6/30/2020 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/438/City-Maps LEGEND PROPOSED DISANNEXATION AREA ANNEXED AREA CITY LIMITS EXTRA-TERRITORIAL JURISDICTION PROPOSED DISANNEXATION EXHIBIT "A-1" 15 EXHIBIT "A-1"FM 1791PAGE 2 OF 2 Brenda Poe <bpoe@huntsvilletx.gov> Online Form Submittal: Citizen Participation Request 1 message noreply@civicplus.com <noreply@civicplus.com>Mon, Jun 29, 2020 at 2:23 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 Jason Last Name Copes Address1 1016 Sam Houston Avenue Address2 Field not completed. City Huntsville State Texas Zip 77340 Phone 9362521414 Email jason@huntsvillefumc.org Please describe (in detail) the item you are requesting be on a City Council agenda: Introduce the Community Peace Coalition. Brenda Poe <bpoe@huntsvilletx.gov> Online Form Submittal: Citizen Participation Request 1 message noreply@civicplus.com <noreply@civicplus.com>Tue, Jun 30, 2020 at 11:47 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 JASON Last Name JANUARY Address1 3719 MORGAN LN Address2 Field not completed. City HUNTSVILLE State TX Zip 77340-6808 Phone 9366626500 Email humit@hotmail.com Please describe (in detail) the item you are requesting be on a City Council agenda: I wish to speak to the council about the fact that my retirement insurance was not given to me.