8-4-2020 packetDaiquiri Beebe, Ward 1
Russell Humphrey, Ward 2
Blake Irving, Ward 3
Mayor Pro Tem Joe P. Rodriquez, Ward 4
CITY OF HUNTSVILLE, TEXAS
Andy Brauninger, Mayor
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
HUNTSVILLE CITY COUNCIL AGENDA AMENDED
TUESDAY, AUGUST 4, 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 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 recordings 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.
MAIN SESSION [6:00 P.M.]
CALL TO ORDER
INVOCATION AND PLEDGES – U.S. Flag and Texas Flag
1. PUBLIC HEARING
a. Public hearing to hear comments on the City’s intent to submit a grant application to the U.S. Department
of Justice for the FY 2020 Local Edward Byrne Memorial Justice Assistance Grant (JAG) Program.
b. Public hearing to hear comments on consideration of the Conditional Use Permit Application for a “Public
Utility” service center to be located on property located at 1014 13th Street.
2. 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 21, 2020. [Brenda Poe, City Secretary]
b. Consider authorizing the City Manager to apply for the U.S. Department of Justice – 2020 Local Edward
Byrne Memorial Justice Assistance Grant (JAG) Program, enter in to an Interlocal Agreement with Walker
County and adopt Resolution 2020-25 in support of the same. [Kristie Hadnot, Grants Manager]
3. STATUTORY AGENDA
a. SECOND 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, second reading. [Kevin Byal, Director of Development Services / Building
Official]
b. SECOND READING - Consider a request to change the name of Gospel Hill Road to William H. Jones,
Sr. Road and adopt Ordinance Number 2020-34, second reading. [Leigha Larkins, Planner]
c. Consider approving the Conditional Use Permit Application for a “Public Utility” service center to be
placed on property located at 1014 13th Street. [Leigha Larkins, Planner]
d. FIRST READING - Consider Ordinance 2020-36 for the dis-annexation of approximately 391.487 acres
of land, situated in the Hillary M. Crabb League, Abstract No. 15, Walker County, Texas, and being all of
Parcel 3, Parcel 15, Parcel 16 and Parcel 19 as further described in the attached exhibit A-2, first reading.
e. Consider Resolution No. 2020-24 authorizing the City Manager and/or his designee to execute development
agreements pursuant to Chapter 43 of the Local Government Code for the dis-annexation of approximately
391.487 acres of land situated in the Hillary M. Crabb League, Abstract No. 15, Walker County, Texas and
approximately 266.94 acres of land situated in the Lewis Cox League, Abstract No. 13, Walker County,
Texas.
f. FIRST READING - Consider authorizing the City Manager and/or his designee to enter in to an interlocal
agreement for professional services with Walker County Hospital District to administer a COVID-19
Community Testing Program for residents of the City of Huntsville, first reading. [Tammy Gann, Director
of Economic Development / Special Projects and Kristie Hadnot, Grants Manager]
g. Consider approval of announcing the City Council’s intention to adopt a maximum property tax rate of $0.3341
per $100 valuation for the City’s 2020 – 2021 Fiscal Year (Tax Year 2020). [Steve Ritter, Finance Director]
4. CITY COUNCIL/CITY MANAGER/CITY ATTORNEY
a. Consider pay increase for City Council to $100 per meeting and approve Ordinance 2020-36 37 ordering
a special election to amend the City Charter regarding councilmember pay. [Dee Howard, At-large
Position 2 Councilmember]
5. 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 speak about his experience with corrupt HPD officers
b. Armatus Reintegration Program would like to introduce themselves and their organization.
6. MEDIA INQUIRIES RELATED TO MATTERS ON THE AGENDA
7. 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.)
8. EXECUTIVE SESSION
a. City Council will meet in Executive Session pursuant to Texas Government Code Section 551.087 -
deliberation regarding economic development negotiation, in reference to Project Lego.
9. 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 August 4, 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: 07/30/2020
TIME OF POSTING: 12:45 pm 2:15 pm ____________________________
TAKEN DOWN: Brenda Poe, City Secretary
Brenda Poe
MINUTES FROM THE HUNTSVILLE CITY COUNCIL REGULAR MEETING HELD ON THE 21st
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,
Joe P. Rodriquez, Andy Brauninger, Clyde D. Loll, Mari Montgomery
COUNCILMEMBERS ABSENT: Bert Lyle
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 6:02 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.
Mayor Brauninger moved Citizen Participation to the first of the meeting.
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]
Councilmember Loll made a motion to approve the consent agenda; the motion was seconded by
Councilmember Beebe. The motion was adopted, 8-0.
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]
Councilmember Beebe made a motion to waive the second reading per Section 4.12 of the City Charter;
the motion was seconded by Councilmember Humphrey. The motion failed 5-3 with Councilmember
Mullins, Mayor Pro Tem Rodriquez, and Mayor Andy Brauninger voting against. The motion failed the
two-third vote per City Attorney Schneider.
Charlie Corbel spoke in support of the code amendment as a resident. Nida Pickens spoke in support of
the amendment as a member of the architectural committee for Elkins Lake.
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]
First reading, no action taken.
Janis Bradford, daughter of William Henry Jones Sr., talked about why she felt the name change was
appropriate.
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]
Councilmember Montgomery made a motion to suspend the two-reading requirement of Section 4.12 of
the City Charter and approve the dis-annexation approximately 266.94 acres located between FM 1974
and State Highway 30 and known as “Parcel 4” in the attached exhibit; the motion was seconded by
Mayor Pro Tem Rodriquez. The motion was approved, 8-0.
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, City Manager]
Councilmember Rodriquez made a motion to suspend the two-reading requirement of Section 4.12 of the
City Charter and approve the dis-annexation 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; the motion was seconded by Councilmember
Montgomery. The motion was approved, 8-0.
4. REQUESTS FOR CITIZEN PARTICIPATION
An opportunity for citizens to be heard on any topic and for the City Council to participate in the
discussion. No action will be taken.
a. Crystal Brown spoke about the City of Huntsville’s response to the rumors of threat against the Sam
Houston Statue.
City Manager read a statement.
b. Carolyn Moore spoke about the city’s response to and handling of the hoax regarding the Sam Houston
Statue.
c. Nia Williams spoke about 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 did not attend.
e. Crystal Diaz did not attend.
f. Jeff Lane chose not to speak.
Pat Graham spoke in support of the City’s actions.
g. Amanda Louie spoke about the city manager’s statement 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.
Deborah McTigue spoke in support of the City.
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 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 22-23 and 29-30, 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. He also reminded the public to file for City Council elections in November.
Councilmember Montgomery read a statement about COVID-19.
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]
Council addressed item 6a, due to outside legal counsel at 7:15 p.m. Council reconvened at 7:22 p.m.
ADJOURNMENT
Mayor Brauninger adjourned the meeting without objection at 7:23 p.m.
Brenda Poe, City Secretary
ATTEST: CITY OF HUNTSVILLE
________________________________ ________________________________
Brenda Poe, City Secretary Andy Brauninger, Mayor
Agenda Item #2b
Item/Subject: Consider authorizing the City Manager to apply for the U.S. Department of Justice –
2020 Local Edward Byrne Memorial Justice Assistance Grant (JAG) Program, enter in to an Interlocal
Agreement with Walker County, and adopt Resolution 2020-25 in support of the same.
Initiating Department/Presenter: Finance
Presenter: Kristie Hadnot, Grants Manager
Recommended Motion: Move to authorize the City Manager to apply for the U.S. Department of
Justice – 2020 Local Edward Byrne Memorial Justice Assistance Grant (JAG) Program, enter in to an
Interlocal Agreement with Walker County, and adopt Resolution 2020-25 in support of the same.
Strategic Initiative: Goal #7 - Public Safety - Provide safety and security for all citizens.
Discussion: The JAG Program has been available to law enforcement agencies for a number of years.
Both, the City of Huntsville and Walker County have received and benefited from the JAG Program
awards for several years with different annual allocation amounts.
For FY 2020, the City of Huntsville was directly allocated $10,412. Under the U.S. Department of Justice
(DOJ), Walker County was identified as a disparate jurisdiction. JAG legislation requires that disparate
jurisdictions identified in a geographical grouping to remain partners with the local jurisdictions
receiving funds and to be a signatory on a required Memorandum of Understanding or Interlocal
Agreement.
On July 20, 2020, the Walker County Commissioner’s Court approved entering in to an Interlocal
Agreement with the City of Huntsville for a portion of the 2020 JAG Program funds. The allocated funds
will be used jointly by City of Huntsville and Walker County for the purchase of equipment for use by
law enforcement, with the allocated amount to be divided equally between the entities. There are no
matching funds required for this grant.
The Huntsville Police Department plans to use their portion of the funds to purchase a new handheld
radio, a Dell laptop with software, and a Body-Worn Camera. Walker County has expressed plans to
use their portion of the funds to purchase Motorola Digital Portable Radio for the Sheriff’s Department.
A condition of applying for this grant requires that a public hearing to be held to receive comments on
the program and for the utilization of funds being allocated for the City of Huntsville’s portion. After
the public hearing, Council may approve, deny, or remand the request back to Staff for modification if
desired.
Previous Council Action: No previous Council action has been taken on this particular item.
Financial Implications:
☒Item is not budgeted: If the grant is awarded, a budget amendment will be brought to Council.
8/4/20
Agenda Item: 2b
CITY COUNCIL AGENDA
Agenda Item #2b
Approvals: ☒City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Resolution 2020-25
• Interlocal Agreement
RESOLUTION NO. 2020-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
AUTHORIZING THE SUBMISSION OF THE APPLICATION FOR THE 2020 LOCAL
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM TO THE
U. S. DEPARTMENT OF JUSTICE FOR EQUIPMENT; AND AUTHORIZING THE CITY
MANAGER TO ACT AS THE CITY’S EXECUTIVE OFFICER AND AUTHORIZED
REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY’S PARTICIPATION IN
THE 2020 JAG PROGRAM.
WHEREAS the City desires to ensure the safety of all its citizens and the City of Huntsville requires
the Huntsville Police Department to be charged with this task; and
WHEREAS it is necessary and in the best interest of the City to apply for funding under the 2020 Justice
Assistance Grant (JAG) Program.
NOW, THEREFORE, be it resolved by the City Council of the City of Huntsville, Texas, that:
SECTION 1: A Justice Assistance Grant (JAG) application is hereby authorized to be filed on behalf of
the City and be placed in competition for funding to the U.S. Department of Justice.
SECTION 2: The application will be for $10,412.00 to furnish equipment for the Huntsville Police
Department.
SECTION 3: The funds will be redistributed with the City receiving $5,206.00 and Walker County
receiving $5,206.00.
SECTION 4: The Mayor and City Council strongly support this application to address the safety needs
of the community.
SECTION 5: The City Council directs and designates the City Manager as the City’s Chief Executive
Officer and Authorized Representative to act in all matters in connection with this
application and the City’s participation in the 2020 Justice Assistance Grant (JAG)
Program.
PASSED AND APPROVED this 4th day of August 2020.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ __________________________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Agenda Item #3a
Item/Subject: SECOND 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, second reading.
Initiating Department/Presenter: Development Services
Presenter: Kevin Byal, Director of Development Services / Building Official
Recommended Motion: Move to approve 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.
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.
8/4/20
Agenda Item: 3a
CITY COUNCIL AGENDA
Agenda Item #3a
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.
• On July 21, 2020, Council conducted the first reading of this ordinance.
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: July 21, 2020
PASSED AND APPROVED on the Second Reading on this the 4th day of August
2020.
THE CITY OF HUNTSVILLE
___________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Agenda Item #3b
Item/Subject: SECOND READING - Consider a request to change the name of Gospel Hill Road to
William H. Jones, Sr. Road and adopt Ordinance Number 2020-34, second reading.
Initiating Department/Presenter: Development Services
Presenter: Leigha Larkins, Planner
Recommended Motion: Second reading.
Strategic Initiative: Goal #1 - City Appearance - Provide policies, amenities, and events that enhance
the City’s already beautiful and historic natural environment.
Discussion: The City 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 petition in support of the change of the road name. 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’ 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. 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. Many current and former residents of the City can trace their roots back
to the Gospel Hill Area. Many have also resided on Gospel Hill Road all of their lives as well.
There are forty-seven (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,
8/4/20
Agenda Item: 3b
CITY COUNCIL AGENDA
Agenda Item #3b
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.
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: The first reading of Ordinance Number 2020-34 occurred on 7/21/2020
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 2020-24
• Vicinity Map
• Correspondence
Petitions available through City Secretary’s Office
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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Virus-free. www.avast.com
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 Petition address point
36675 101 Gospel Hill Rd Merchant Paul Merchant Paul 402 Parkhill Madisonville, Tx 77864 101
43040 107 Gospel Hill Rd Johnson Barbara Ann Johnson Barbara 107 Gospel Hill Rd Huntsville, TX 77320 107
43310 113 Gospel Hill Rd Ross Sherry Ann Ross Sherry 113 Gospel Hill Rd Huntsville, TX 77320 113
36673 115 Gospel Hill Rd Moore Rosie I Moore Rosie 115 Gospel Hill Rd Huntsville, TX 77320 115
36671 205 Gospel Hill Rd Thomas Shemaria Lamb Lamb Thomas 205 Gospel Hill Rd Huntsville, TX 77320 205
36668 305 Gospel Hill Rd Martinez Zeferina & Maurilia Tello Martinez Zeferina 305 Gospel Hill Rd Huntsville, TX 77320 305
36664 313 & 315 Gospel Rd Ortega Pablo & Jorge Luis Lara Ortega Pablo 313 Gospel Hill Rd Huntsville, TX 77320 313 & 315
36636 401 Gospel Hill Rd Harris George Harris George 403 Gospel Hill Rd Huntsville, TX 77320 401
36634 403 Gospel Hill Rd Jones Henry West Jones Henry 206 Gospel Hill Rd Huntsville, TX 77320 403
28189 410 Gospel Hill Rd Kelly Alice Kelly Alice 410 Gospel Hill Rd Huntsville, TX 77320 410
28190 406 Gospel Hill Rd Gilbert Sherman Sherman Gilbert 406 Gospel Hill Rd Huntsville, TX 77320 406
28182 402 Gospel Hill Rd Williams Charlie Williams Charlie 403 Gospel Hill Rd Huntsville, TX 77320 402
28180 314 Gospel Hill Rd Porter Gregory Porter Gregory PO Box 2922 Hollywood, CA 90078 314
28178 308 Gospel Hill Rd 89 Winfrey Louis 306 Gospel Hill Huntsville, TX 77320 308
28177 306 Gospel Hill Rd Louis Cathy Winfrey Winfry Louis 306 Gospel Hill Huntsville, TX 77320 306
28191 224 Gospel Hill Rd Hagans Michael G Hagans Michael 224 Gospel Hill Rd Huntsville, TX 77320 Michael Hagans signed handwritten 224
28199 206 Gospel Hill Rd Jones William Henry Sr. Jones Henry 206 Gospel Hill Rd Huntsville, TX 77320 206
28201 202 Gospel Hill Rd White Gloria & Kendrick Ross White Gloria 202 Gospel Hill Rd Huntsville, TX 77320 Gloria Ross signed handwritten 202 & 204
28202 114 Gospel Hill Rd Williams Edward B Williams Edward 114 Gospel Hill Rd Huntsville, TX 77320 114
28204 110 Gospel Hill Rd Hawkins Milford & Karen Hawkins Milford PO Box 1361 Huntsville, TX 77342 110
28206 108 Gospel Hill Rd Castaneda Magda Casteneda Magda 108-A Gospel Hill Huntsville, TX 77320 108
28207 104 Gospel Hill Rd Bridges Emzie Bridges Emzie 130 George Wilson Rd Huntsville, TX 77320 104
28159 102 Gospel Hill Rd Bookman Boozie Bookman Boozie PO Box 806 Huntsville, TX 77342 102
28158 100 Gospel Hill Rd Merchant Shaniquwa Merchant Shaniquiwa 300 Gospel Hill rd Huntsville, TX 77320 100
28153 92 Gospel Hill Rd Crawford Lathon Janet Crawford Janet 92 Gospel Hill Rd Huntsville, TX 77320 92
28151 90 Gospel Hill Rd Rolling Sharon R Rolling Sharon PO Box 635 Riverside, TX 77367 90
36669 Gospel Hill Rd Crawford Cleveland Crawford Cleveland 7202 Cardinal Circle Texas City, TX 77591
36665 307 Gospel Hill Rd Mundy Willie Mae Mundy Willie PO Box 6662 Huntsville, TX 77342 307
36666 307 Gospel Hill Rd Mundy Willie Mae Mundy Willie PO Box 6662 Huntsville, TX 77342
36631 410 Gospel Hill Rd Kelly Brendon W Kelly Brendon PO Box 1204 Huntsville, TX 77342 411
28194 300 Gospel Hill Rd Boone Jim Jr Boone Jim 141 Moffett Spring rd Huntsville, TX 77320 300
28203 112 Gospel Hill Rd Reed Burke Reed Brurke 7523 Fairington San Antonio, TX 78244 112
36672 Gospel Hill Rd White Gloria & Kendrick Rosd White Gloria 202 Gospel Hill Huntsville, TX 77320
28150 2302 Gainous Street Ennis Eugene Ennis Eugene 2302 Gainous Street Huntsville, TX 77320 2302
36679 89 Gospel Hill Rd Davison Children Davison Ethelene 89 Gospel Hill Rd Huntsville, TX 77320 89
36679 89 Gospel Hill Rd Davison Children Davison Ethelene 89 Gospel Hill Rd Huntsville, TX 77320 95
36677 2214 Hill Street Davison Children Davison Ethelene 89 Gospel Hill Rd Huntsville, TX 77320 2214
28181 400 Gospel Hill Rd Annette Harrison Archie Alberta Alberta Archie 320 Johnson Rd Huntsville, TX 77320 400
28193 302 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 302
28195 208 Gospel Hill Rd Willie Mae Brown Jones Emma D Jones Emma 206 Gospel Hill Huntsville, TX 77320 208
28157 98 Gospel Hill Rd Cynthia Merchant Shaniquwa Merchant Merchant Shaniquiwa 2306 Ganius Street Huntsville, TX 77320 98
28155 96 Gospel Hill Rd Oretha McGowan McGowan Robert L McGowan Robert PO Box 584 Huntsville, TX 77342 96
28154 94 Gospel Hill Rd Brenda McGowan Harrison Rosetta Harrison Rosetta PO Box 584 Huntsville, TX 77320 94
28183 408 Gospel Hill Rd Hattie Hayward Farley Beulah Farley Beulah 5431 Dunsmere Street Houston, TX 77091 408
28179 310 Gospel Hill Rd Yvonne Hall Grover Earnest Estate Grover Earnest 5235 Via Cortez St Arlington, TX 76017 310 & 312
Company Name
AT&T – Chance Collins c/o of Yvonne McLaughlin
Public Utility Commission of Texas DeAnn T. Walker, Chairman
Huntsville ISD Dr. Scott Shepphard
Suddenlink Manager
Lance W. Simmons, P.E.TxDOT Bryan District Engineer
Jace Lee, P.E. TxDOT Huntsville Area Engineer
Entergy Tracie R. Roberts
United States Post Office Attn: Post Master
United States Post Office Attn: Post Master
Centerpoint Energy Texas Gas Operations
DBA Centerpoint Energy Texas Gas Operations
Economic Development Manager
P O Box 1700
Houston, TX 77251-1700
Mid-South Synergy
P. O. Box 970
Navasota, TX 77868
Adress City/Zip
7602 Spring Cypress Road, Room 226 Spring, TX 75379
P. O. Box 13326 Austin, TX 78711-3326
441 FM 2821 East Huntsville, TX 77320
1620 Normal Park Dr.Huntsville, TX 77340
2591 North Earl Rudder Freeway Bryan, TX 77803-5190
580 I-45 N.Huntsville, TX, 77320
406 Louise St.Navasota, TX 77868
3190 HIGHWAY 30 HUNTSVILLE, TX 77340-9998
1315 10th St.HUNTSVILLE, TX 77320-9998
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, 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 held on July 21, 2020.
PASSED, APPROVED, and ADOPTED on the ________ 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
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 #3c
Item/Subject: Public Hearing and Consider approving the Conditional Use Permit Application for a
“Public Utility” service center to be placed on property located at 1014 13th Street.
Initiating Department/Presenter: Development Services
Presenter: Leigha Larkins, Planner
Recommended Motion: Move to approve Conditional Use Permit Application # 04-2019, allowing a
“Public Utility” service center to be placed on property located at 1014 13th St with conditions as
recommended by the Planning Commission.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion:
On July 16th, the Planning Commission voted unanimously to recommend that the City Council approve
Conditional Use Permit 01-2020 as conditioned in the attached DRAFT Letter of Approval. The
application for the required Conditional Use Permit (CUP) was submitted on February 21, 2020 at such
time that the applicant was in the process of moving the AT&T, formerly SWBT, Service Center from the
Windsor Street location to the AT&T Central Business Office location at 1014 13th Street. At the request
of the applicant, and with staff agreement, the CUP Public Hearing and consideration by Planning
Commission of the CUP application occurred at the May 21st Planning Commission meeting. Several
members of the public spoke in opposition to the granting of a Conditional Use Permit for a service
center at the subject location. There were no comments in support of granting the CUP. Due to the
concerns about suitable screening of the service center and the potential for the service center to
impact surrounding property values, the Planning Commission moved to remand the case back to staff
so that staff could include a more specific set of conditions of approval for screening the proposed
Service Center from view of the Public Right of Way.
The attached Letter of Approval is a draft of Conditions that would serve to mitigate possible
nuisance effects of the development on surrounding properties and negative impacts on the
Historic Character of Downtown. These conditions are intended to address the visual screening
of outdoor stored construction materials and storage containers on the subject property from
the adjacent streets, Avenue J and 13th Street, by means of fencing and/or landscaping.
The conditions drafted by Staff require that opaque fencing material, as approved by the City
Building Official, is required. The applicant has agreed to install a solid, opaque composite-
material fence along the Ave J and 13th St frontages. Landscaping will be installed along the 13th
St frontage and wrought iron details will be added to the Ave J frontage. Additionally, barbed
wire, or other comparable material such as concertina wire, may not be visible from the streets.
There are also conditions for additional landscaping to be located at the corner of Avenue J and
13th Street, shielding of site lighting, and 180-day timeline for the compliance with the approved
conditions of the permit.
8/4/20
Agenda Item: 3c
CITY COUNCIL AGENDA
Agenda Item #3c
The Planning Commission voted unanimously to recommend that the City Council approve Conditional
Use Permit 01-2020 as conditioned in the attached DRAFT Letter of Approval. Staff concurs with this
recommendation.
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:
• Draft Letter of Approval
• Planning Commission Minutes May 21, 2020 Public Hearing
• Staff Disscussion Form
• Planning Commission Draft Minutes from July 16, 2020
• Vicinity map by staff
• Site Plan (Supplied by Applicant)
• Site Pictures by staff
• Proposed Screening Materials (Supplied by Applicant)
448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
Huntsville
Draft Letter Date: July 09, 2020
Mr. Jim Dey, Sr. Project Manager
AT&T
6500 West Loop South, Zone 1.2
Bellaire, TX 77401
Re: CUP Application for 1014 13th Street, Huntsville, TX, 77340
Dear Mr. Dey,
In observation of the requirements of the City Development Code, the City of Huntsville City Council
approved Conditional Use Permit 01-2020 on August XXth, 2020, subject to the following conditions:
1. Intensifying the use of the subject property, 1014 13th Street, Huntsville, TX, 77340 for the
relocation of the AT&T Service Center to the existing Central Office location shall be allowed
upon compliance with, including but not limited to, the applicable requirements of Section
4.210 Equipment Screening and Outdoor Storage Requirements of the City of Huntsville
Development Code and as follows.
2. Any outdoor storage of materials must be screened from the public Right-of-Way in a manner
approved by the City Building Official. Outdoor storage is not permitted to be visible from the
public right-of-way when the gates on Ave J or 13th St are open. The subject property may not
be used by AT&T contractors as a laydown yard for construction materials.
3. Perimeter screening fencing along the 13th Street and Avenue J property/right-of-way lines is
required. In addition to meeting the screening requirements of the above referenced
Development Code Section 4.210, no visible barbed wire, or other comparable material,
will be allowed on fencing adjacent to 13th Street and Avenue J. The screening fencing must
be opaque and in keeping with the historic character of the Downtown Development District,
with all fencing materials approved by the City Building Official. Examples of appropriate
perimeter screening are composite wood, stamped concrete, or other masonry such as brick.
Chain link fencing is not permitted.
4. The required perimeter screening fencing shall be properly maintained and remain in place for
the duration of the use of the property as the AT&T Service Center.
5. Provide evergreen shrubs, appropriately located and planted, to form a solid hedge with a
minimum of six (6) feet in height within two (2) years of planting if deemed necessary by the
City Building Official and based upon type of perimeter screening fencing approved for
use. Shrub/hedge plant material, genus and species, shall be as approved by the City Building
Official. Any/all required landscape planting shall be maintained per the requirements of
Development Code Section 7.700 Landscape Planting Areas and Maintenance Requirements.
C I T Y O F
Incorporated in 1845 under the Republic of Texas
448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
6. Modify the required opaque perimeter fencing at corner of Avenue J and 13th Street to provide
additional landscaping. Additional landscaping shall comply with sight triangle regulations
for the street intersection and the requirements listed above.
7. All fence gates must be screened in a manner compatible to the perimeter fencing and approved
by the Director of Development Services. Unscreened Chain link gates are not permitted.
8. A landscaping plan is required and must show the location of all plantings and irrigation.
9. All landscaping and irrigation shall be located on the subject property. Landscaping installed
for the purpose of screening the facility may not be located in the public Right-of-Way.
10. The existing shipping/modular containers currently located on the subject property for storage
use purposes must be screened from view from 13th Street and Avenue J. This screening may
be accomplished through adequate perimeter screening. A Conditional Use Permit will be
required for the placement of additional shipping/modular containers on the property.
11. Any site lighting used on the property shall be shielded and/or directed away from adjacent
properties. Security lighting shall not infringe on adjacent properties. Use of lowest wattage
and highest energy efficiency fixture available is required. Photometric light plan shall be
submitted to and approved by the City Building Official.
12. As the intensified use of the subject property as the AT&T Service Center has already occurred,
compliance with the foregoing stated conditions for the Conditional Use Permit is required
within 180 days of the date the Approval Letter.
Please make note of the following excerpt from the Development Code, Section 12.809 Lapse of
Approval.
12.809.A An approved conditional use application will lapse and have no further effect
18 months after it is approved by the City Council, unless:
1. A building permit has been issued (if required);
2. A certificate of occupancy has been issued; or
3. The conditional use has been lawfully established.
12.809.B The City Council is authorized to extend the expiration period for good cause
on up to 2 separate occasions, by up to one year each. Requests for extensions
must be submitted to the City Planner and forwarded to the City Council for a
final decision.
448 SH 75 N ˑ Huntsville, TX 77320-1118 ˑ 936-294-5700 ˑ 936-294-5701 fax ˑ www.huntsvilletx.gov
Our vision for the City of Huntsville is a community that is beautiful, historic, culturally
diverse, affordable, safe, and well planned with great opportunity for our citizens.
12.809.C A conditional use also lapses upon revocation of a building permit or a
certificate of occupancy for violations of conditions of approval or upon
expiration of a building permit to carry out the work authorized by the
conditional use approval.
This letter is your authorization to proceed with the required permitting for the project. If we may be
of further service to you, please do not hesitate to contact us at 936-294-5781.
Respectfully,
Janet Ridley
City Planner
Page 2 of 2
Page 1 of 3
Approved 06-04-2020
MINUTES OF THE MEETING OF THE PLANNING COMMISSION HELD VIA
TELECONFERENCE ON THE 21ST DAY OF MAY 2020 AT 5:30 PM.
Members present: Woods; Hooten; Thompson; Carpenter; Jenkins
Members absent: Whitehead; Nichols
City staff present: Ridley; Larkins; Kulhavy
Meeting was held via telephone conference as allowed by the Executive Order issued by the
Governor of Texas for the suspension of certain portions of the Texas Open Meetings Act to avoid
social gatherings of more than 10 people during the COVID-19 virus pandemic.
1. CALL TO ORDER
The meeting was called to order by Chairman Woods. [5:35 PM]
2. ROLL CALL
Staff Planner & meeting moderator, Leigha Larkins, read the opening statement for the
telephonic conferencing and called the roll.
Chairman Woods and Commissioners Hooten, Thompson, Carpenter and Jenkins present.
Commissioners Whitehead & Nichols were absent.
3. PUBLIC HEARING to take testimony concerning the application for a Conditional Use Permit
for relocation of the AT&T Service Center to the Downtown Development District (D).
Chairman Woods opened the Public Hearing. [5:40 PM]
Staff Planner, Leigha Larkins, gave an overview of the application per the Staff Discussion
Form and per a PowerPoint presentation. It was noted that the relocation of the AT&T Service
Center to the AT&T Central Office located in the Downtown Development District is an
intensification of the use of the property as a storage facility which requires a Conditional Use
Permit (CUP) per Table 4-1: Use Table of the Development Code. Larkins also noted that staff
recommends that the property be screened at eyelevel by means of landscaping; that not outdoor
storage of materials be allowed; and that the security lighting be shielded so as not to project on
to adjacent property and buildings. Provided that effective visual screening for the property for
this use, using materials stated in the draft approval letter, is a requirement for the Conditional
Use Permit, staff recommends approval of the Conditional Use Permit.
Commissioner Thompson questioned photos that do not appear to be related to the Downtown
location. Staff noted that the photos were of the previous, Windsor Street, location of the AT&T
Service Center which have been submitted by a citizen who is going to speak in opposition to the
CUP application.
Jonathon McClellan, Director of External and Legislative Affairs for AT&T, gave the applicant
presentation for the CUP. By means of a PowerPoint presentation the applicant noted that
AT&T agrees to provide perimeter fence screening along 13th Street and Avenue J; ensure that
there is no visible barbed wire from the streets; screen the existing shipping/storage containers
located on the property; and push back fence line at corner of 13th Street and Avenue J. It was
noted that no additional impervious area will be added to the property and that all required
conditions will be completed within 180 days of approval of the CUP.
Commissioners questioned the applicant regarding screening for the west/University Avenue
side of the property; intent to use any landscaping for screening; existing tree spacing along 13th
Street and Avenue J; length of time that AT&T has occupied the property; use of landscaping vs.
fence for screening of property; modification of security lighting; etc. The applicant responded
Planning Commission Minutes
May 21, 2020
Page 2 of 3
Approved 06-04-2020
that only a small segment of the property (driveway) has frontage along University Avenue
however screening can be provided if Commission requires screening; the preference of AT&T
is to screen by means of fencing rather than by landscaping; property has been owned/occupied
by SWBT/AT&T since 1931; and lighting can be modified.
Speakers in Support of the Conditional Use Application.
There were none.
Speakers in Opposition to the Conditional Use Application.
Chairman Woods noted five (5) letters/emails received from citizens in opposition to the
CUP. The letters were from Jason Bay, Pastor of First Baptist Church; Brian Gedelain;
Suzanne Hare; Allen Branch; and Thomas Leeper. The letters all expressed concern
regarding the negative effect that the relocation of the AT&T Service Center will have on
the historic character of Downtown Huntsville.
Chairman Woods called upon Thomas Leeper to speak in opposition. Leeper stated
that he was representing himself as a concerned citizen of Huntsville and not as a
representative of First Baptist Church. Leeper referenced the Goals for the Downtown
area per the City’s current adopted Comprehensive Plan and noted negative impacts the
relocation of the AT&T Service Center will have on the Historic Downtown area. He
stated that there are not any conditions which can be placed for the property to effectively
mitigate the negative impact on the area. The proposed use will be detrimental to the
health, safety, or general welfare of persons residing or working in the vicinity and that it
will be injurious to property values/improvements in the vicinity.
Chairman Woods asked Leeper if he had any alternative solutions for the use to which
Leeper replied that he did not.
Rebuttal was given the Applicant representatives, Jonathan McClellan and James Dey.
They stated that slating for the chain link access gate the property is the only type of
screening material which can be used. The security lighting can be adjusted. Unlike the
Windsor Street location, this location will not be used as a laydown yard for construction
materials. No external storage of materials will be allowed. Installation of additional
storage container will require a CUP. Only employee and AT&T vehicles will be visible
in the parking area. Neither AT&T nor First Baptist Church has any record of an
agreement for the use of the property for church parking. Executive Pastor, Brett Mosser,
has indicated that the church is pursing additional parking at another location. AT&T has
been and will continue to be a good neighbor to First Baptist Church. The applicants
asked that the Commission give City Staff the authority to negotiate the
fencing/screening material for the site.
Chairman Woods questioned the applicant regarding the difference in the storage of
construction material at the old Windsor Street location and the new Downtown location.
The applicant stated that AT&T Contactors also used the old location for storage of
materials. Going forward, the contractors will operate out of and use a different location
for storage of construction materials and vehicles.
Commissioner Thompson stated that as the use of the property has changed/intensified,
shielding/screening of the property is needed. The placement of slats within the
perimeter chain link will not be acceptable. Staff and AT&T need to come up with/agree
on a better solution.
Planning Commission Minutes
May 21, 2020
Page 3 of 3
Approved 06-04-2020
Commissioner Hooten agreed with Commissioner Thompson and added that the AT&T
Downtown facility is critical utility use infrastructure and security awareness needs to be
maintained.
Chairman closed the Public Hearing. [6:30 PM)
4. CONSIDER the application for a Conditional Use Permit for the relocation of the AT&T Service
Center to the Downtown Development District (D).
Commissioner Thompson stated that more discussion is needed between AT&T and City Staff
to eliminate vagueness in the requirements for the Conditional Use Permit.
Chairman Woods expressed concern in delay of Commission recommendation for the CUP to
City Council because the AT&T Service Center is already operational at the site.
City Manager, Aron Kulhavy, stated that there is no rush from City Council to consider the
CUP application as long as the applicant does not have an objection.
The Applicant stated that AT&T has no objection to a delay in consideration of the CUP
application by the Planning Commission.
Commissioner Hooten moved to table Commission consideration of the Conditional Use Permit
application pending specific conditions for the site being drafted by Staff and Applicant. Second
was by Commissioner Carpenter. The vote was unanimous.
5. CONSIDER the minutes of the May 7, 2020 meeting.
Commissioner Hooten moved to approve the minutes of the May 7, 2020 meeting. Second
was by Commissioner Thompson. The vote was unanimous.
6. PUBLIC COMMENTS
There were none.
7. ITEMS OF COMMUNITY INTEREST
The Commission agreed to hold the scheduled June 4, 2020, 5:30 PM Planning
Commission in person, following the lead of City Council who will meet in person on
June 2nd.
8. ADJOURNMENT
Chairman Woods adjourned the meeting. [6:38 PM]
Page 1 of 4
PLANNING COMMISSION
AGENDA ITEM DISCUSSION FORM
Prepared by: Leigha Larkins, Planner
Janet Ridley, City Planner
MEETING DATE: July 16, 2020
SUBJECT: Relocation of AT&T Service Center to Downtown Development District
TYPE OF REVIEW: Conditional Use Permit
APPLICANT: AT&T – Jim Dey, Sr. Project Manager
LOCATION: 1014 13th Street
FACTS, CODE REQUIREMENTS AND CONDITIONS
Case Development Following the May 21, 2020 Planning Commission Meeting:
The attached Letter of Conditional Approval is a draft of Conditions that would
serve to mitigate possible nuisance effects of the development on surrounding
properties and negative impacts on the Historic Character of Downtown. These
conditions are intended to address the visual screening of outdoor stored
construction materials and storage containers on the subject property from the
adjacent streets, Avenue J and 13th Street, by means of fencing and/or
landscaping.
At their regular meeting on May 21, 2020, the Planning Commission
recommended that the draft Conditions of Approval be amended to provide more
specific information for screening requirements in the interest of transparency for
the applicant and to better ensure that the goals of the Development Code and
Comprehensive Plan will be achieved upon project completion. To that end, Staff
participated in several meetings with the applicant to determine conditions that
would satisfy both screening and security requirements.
The conditions drafted by Staff require that opaque fencing material, as approved
by the City Building Official, is required. The applicant has agreed to install an
opaque composite-material fence along the Ave J and 13th St frontages.
Landscaping will be installed along the 13th St frontage and wrought iron details
will be added to the Ave J frontage. Additionally, barbed wire, or other comparable
material such as concertina wire, may not be visible from the streets. There are
also conditions for additional landscaping to be located at the corner of Avenue J
and 13th Street, shielding of site lighting, and 180-day timeline for the compliance
with the approved conditions of the permit.
Planning Commission – CUP 01-2020, 1014 13th Street
July 16, 2020
Page 2 of 5
The property description and facts of the case did not change in the period
following the 5-21-2020 Planning Commission meeting and have been
reproduced below.
The application for the required Conditional Use Permit (CUP) was submitted on
February 21, 2020 at such time that the applicant was in the process of moving the
AT&T, formerly SWBT, Service Center from the Windsor Street location to the AT&T
Central Business Office location at 1014 13th Street. At that time City Development
Services Staff agreed that, with the submittal of the CUP application, the applicant
would be allowed to continue with the relocation of AT&T Service Center. Prior to the
scheduled CUP Public Hearing and consideration by the Planning Commission,
scheduled for March 19, 2020, the applicant requested postponement due to the
current COVID-19 pandemic. The postponement was requested due to the travel
restrictions that AT&T had put in place for their employees. Currently AT&T has
completed the relocation of the Service Center to the Central Business Office location.
At the request of the applicant, and with staff agreement, the CUP Public Hearing and
consideration by Planning Commission of the CUP application has been rescheduled
for the May 21st Planning Commission meeting. Additional conditions for the use of
the property as the AT&T Service Center may still be recommended as requirements
for the development.
The AT&T Central Business Office is located on several parcels of land, totaling
approximately one acre in size, in Block 6 of the Original Townsite Plat of the City of
Huntsville. SWBT obtained the first parcel in 1931. The last two parcels of land were
obtained by SWBT in 1969. The property is in the Downtown Development District
(D). Said Block 6 was classified as Downtown Development District by City Council
adoption of the “Official Zoning Map of the City of Huntsville” on June 5, 1990.
The subject property has approximately 230 linear feet of frontage along Avenue
J and approximately 206 linear feet of frontage along 13th Street. The property
also has access from University Avenue. The applicant will use the parking lot
located on the eastern portion of the subject property for the Service Center
operations. Access for this parking lot is from Avenue J. The properties adjacent
to the east and south of the subject property, across Avenue J and 13th Street are
primarily commercial developments and are in the Management Development
District (M). Adjacent properties to the north and west of the subject property are
in Block 6 and in the Downtown Development District (D). Rather Park, at the
south west corner of said Block 6, is located adjacent to the subject property. All
other adjacent property in Block 6 are commercial uses.
Existing street access and water and sanitary sewer service is available for the
proposed development. A submitted site development plan for the Service
Center operations indicates that no additional impervious area will be added to
the site. Storm water, drainage, mitigation is not required.
Planning Commission – CUP 01-2020, 1014 13th Street
July 16, 2020
Page 3 of 5
While the phone company, SWBT/AT&T, has owned and/or operated from the
subject property for many years, with the location of the Service Center on
Windsor Street, operations on the subject property have been confined to within
the interior of the existing buildings on the property. With the relocation of the
Service Center to the subject property, the exterior portion, (existing parking lot),
of the property will be used for storage of materials, placement of storage
containers, parking of service vehicles and construction equipment, i.e. uses
associated with repair and/or maintenance of the Huntsville area AT&T
communications infrastructure. The result of the relocation of the Service Center
to the subject property is an intensification of the public utility use of the property.
“Public Utility” is defined in Article 15 of the Development Code as:
“Any person, firm or corporation, municipal department, board or commission duly
authorized to furnish and furnishing under federal, state or municipal regulations
to the public; gas, steam, electricity, sewage disposal, communication, telephone,
telegraph, transportation or water.”
A Conditional Use Permit, CUP, is required for the intensification of the use of the
subject property for the AT&T Service center per Table 4-1: Use Table; Use Category
Public, Civic and Institutional; Subcategory Utilities and Public Service Facility;
Specific use Major in Article 4: Use Regulations of the current City of Huntsville
Development Code as the subject property is located in the Downtown Development
District (D). The said Table 4-1 describes the above stated “Major” Specific use
as follows:
Infrastructure services that typically have substantial visual or operational impacts on nearby
areas. Typical uses include but are not limited to water and wastewater treatment facilities, high-
voltage electric substations, utility-scale power generation facilities (including wind, solar and
other renewable and nonrenewable energy sources), sanitary landfills and utility-scale water
storage facilities, such as water towers and reservoirs.
The Comprehensive Plan states that the City should create and implement
effective controls for managing incompatible land uses based upon their
character, intensities and impacts on adjacent nearby uses. While the
Comprehensive Plan encourages maintaining Downtown as an economic activity
center and community focal point, it also states that development in Downtown
should maintain Huntsville’s Historic Character.
The requirements for the review and approval of a Conditional Use Permit are defined
in Article 12: Development Review and Approval Procedures, Section 12.800
Conditional Uses, Development Code, effective date of August 31, 2015. Simply
stated the procedure for a Conditional Use Permit is as follows:
• Planning staff review application and prepare report and staff
recommendation for the Planning Commission prior to the public hearing on
the conditional use permit application.
Planning Commission – CUP 01-2020, 1014 13th Street
July 16, 2020
Page 4 of 5
• Planning Commission must hold a public hearing on the proposed conditional
use. Commission must then act, by simple majority vote, to recommend
approval, approval with conditions, or denial of the request and convey its
recommendation to City Council.
• Final action on the conditional use permit is by City Council after receiving the
Planning Commission recommendation on the matter. City Council must hold
a public hearing and then act to approve, approve the proposed amendment
with conditions, or deny the proposed conditional use. City Council may also
remand the proposed conditional use application to the Planning Commission
for further consideration. The conditional use permit application may be
approved by simple majority.
There are additional provisions for lapses in, transferability of, and amendments to
approved Conditional Use Permits in the code. Refer to Section 12.800 of the
Development Code for additional details.
In reviewing an application for a CUP, Section 12.808 of the Development Code states
the following:
No conditional use may be recommended for approval or approved unless the
respective review or decision-making body determines that evidence has been
submitted to support each of the following conclusions:
• That the proposed use is consistent with the Comprehensive Plan;
• That adequate utilities, roads, drainage and other necessary infrastructure
facilities and public services are or will be available to serve proposed use; and
• That the proposed use will not be detrimental to the health, safety, or general
welfare of persons residing or working in the vicinity or be injurious to property
values or improvements in the vicinity.
STAFF RECOMMENDATION:
While the use of the subject property for the AT&T Service Center is not a desirable use
for the Downtown Development District, it may be permitted, upon City Council approval,
per the current Development Code through the Conditional Use Permit process. To
comply with overall goals and/or objectives of the Comprehensive Plan for the mitigation
of possible nuisance effects of developments on surrounding properties and
negative impacts of development on the Historic Character of Downtown, the
conditions approved per the Conditional Use Permit must provide effective visual
screening of the property using materials that enhance rather than detract from the
Historic Character of Downtown.
Planning Commission – CUP 01-2020, 1014 13th Street
July 16, 2020
Page 5 of 5
Provided that effective visual screening for the property for this use, using materials as
stated above, is required for the Conditional Use Permit and as the use meets all three
criteria as outlined in Section 12.808 of the Development code, staff recommends
approval of the Conditional Use Permit.
ATTACHMENTS:
Draft Letter of Approval
Vicinity map by staff
Site Plan (Supplied by Applicant)
Site Pictures by staff
Proposed Screening Materials (Supplied by Applicant)
Page 1 of 3
Approved xx-xx-xxxx
MINUTES OF THE MEETING OF THE PLANNING COMMISSION HELD IN THE COUNCIL
CHAMBERS, AT CITY HALL, 1212 AVENUE M, HUNTSVILLE, TEXAS ON THE 16TH DAY
OF JULY 2020 AT 5:30 PM.
Members present: Woods; Carpenter; Thompson; Lynch
Members absent: Hooten; Whitehead; Jenkins
City staff present: Ridley; Larkins; Byal and Intern Ileana Sanchez
1. CALL TO ORDER
The meeting was called to order by Chairman Woods. [5:30 PM]
2. PLEDGE OF ALLEGIANCE
a. U.S. Flag
b. Texas Flag
3. INVOCATION
Chairman Woods led the invocation.
4. CONSIDER the Final Plat for R-G Park 1, Section 1 located in the City Limits of
Huntsville.
City Planner, Janet Ridley, gave an overview of the Final Plat per the Staff Discussion Form.
As the Final Plat is consistent with the requirements of the Development Code and as the City
Engineer has approved the Public Improvement Plans for the subdivision, Staff recommends
approval of the Final Plat as submitted.
Commission Thompson moved to approve the Final Plat for R-G Park 1, Section 1.
Second was by Commissioner Carpenter. The vote was unanimous.
5. CONSIDERATION of the application for a Conditional Use Permit for the relocation of the
AT&T Service Center to the Downtown Development District (D).
Staff Planner, Leigha Larkins, gave an update and review of the Conditional Use Permit
application and draft Conditions letter per the Staff Discussion Form and per a PowerPoint
presentation, noting that the Public Hearing, before the Planning Commission, for the permit was
held on May 21, 2020. Larkins noted, that to reflect the direction given to staff by the
Commission, several revisions have been made to the draft conditions letter. These revisions are
the result of staff discussions with the applicant and with applicant agreement. Per the revised
conditions of the letter no outdoor storage shall be visible from the street. An opaque fence,
constructed of composite wood material, is to be constructed along the Avenue J and 13th Street
frontages. Wrought iron details will be added to the fence along the Avenue J frontage.
Landscaping will be added along the 13th Street frontage. The access gate will be screened with
material compatible with the composite fence material. Larkins concluded staff presentation with
the Staff Recommendation from the Discussion Form as follows:
While the use of the subject property for the AT&T Service Center is not a desirable use
for the Downtown Development District, it may be permitted, upon City Council
approval, per the current Development Code through the Conditional Use Permit
process. To comply with overall goals and/or objectives of the Comprehensive Plan for
the mitigation of possible nuisance effects of developments on surrounding
properties and negative impacts of development on the Historic Character of
Downtown, the conditions approved per the Conditional Use Permit must provide
effective visual screening of the property using materials that enhance rather than detract
from the Historic Character of Downtown.
Planning Commission Minutes
July 16, 2020
Page 2 of 3
Approved xx-xx-xxxx
Provided that effective visual screening for the property for this use, using materials as
stated above, is required for the Conditional Use Permit and as the use meets all three
criteria as outlined in Section 12.808 of the Development code, staff recommends
approval of the Conditional Use Permit.
Chairman Woods asked if the applicant has worked with staff to address the concerns of the
Commission. Larkins responded that they have. The applicant has agreed to provide enhanced
opaque perimeter screening for the property by means of a solid composite wood fence and with
additional landscaping. The access gate will have effective screening, compatible with the
composite fence material. The applicant has provided a sample of the gate proposed screening
material. The sample is in the meeting packet. Commissioners also inquired as to the height of
the fence and as to the provision of irrigation for the landscaping. Larkins responded that the
fence will be six (6) feet in height and that landscape irrigation will be provided. The type of
irrigation is not specified by the draft conditions letter.
In response to Chairman Woods’ question regarding how often the access gate will be left open,
Jonathon McClellan, Director of External and Legislative Affairs for AT&T, stated that the gate
is access controlled by password for entry and exit. The gate opens only for employee entry and
exit to the property. The gate will not be left open for extended periods of time.
Chairman Woods noted, for the record, the email, dated July 16, 2020, which was submitted by
Thomas Leeper requesting that the Commission recommend denial of the Conditional Use Permit
to City Council. (Mr. Leeper had testified in opposition to the Conditional Use Permit at the
Commission Public Hearing for the permit on May 21, 2020.)
Chairman Woods called for a motion noting the draft motion provided by staff.
Commissioner Carpenter moved per the staff draft motion as follows:
“I make a motion that the Planning Commission recommend to the City Council
that Conditional Use Permit 01-2020 be approved, subject to the conditions
included in the CUP Approval Letter attached to this item, in order to ensure that
the proposed service facility be screened with an opaque composite fence and
appropriate landscaping as approved by the City Building Official.”
Second was by Commissioner Thompson. The vote was unanimous by the four members
of the Commission in attendance.
6. CONSIDER the minutes of the June 18, 2020 meeting.
Commissioner Carpenter moved to approve the minutes from the June 18, 2020 meeting.
Second was by Chairman Woods. The vote was unanimous.
7. PUBLIC COMMENTS
There were none.
8. ITEMS OF COMMUNITY INTEREST
Announcements concerning items of community interest from the Commission and City
Staff for which no action was discussed.
• Newly appointed Commissioner Sharon Lynch was introduced and recognized.
• It is anticipated that Planning Commission will not meet on August 6, 2020 as
scheduled.
Planning Commission Minutes
July 16, 2020
Page 3 of 3
Approved xx-xx-xxxx
9. ADJOURNMENT
Chairman Woods adjourned the meeting. [5:53 PM]
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CITY SERVICE CENTER448 STATE HIGHWAY 75HUNTSVILLE, TX, 77320Map Created At:www.HuntsvilleGIS.com
CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION8010020050FEET
CREATED DATE: 03/12/2020
Coordinate System: NAD 1983 StatePlane Texas Central FIPS 4203 Feet
On Any Print Size
1 in = 200 ftOn 8.5 x 11 inch Print
Service Layer Credits:
VICINITY MAP - CUP 01-20201014 13TH Street - AT&T Property
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 the full GIS Data Disclaimer at: www.huntsvilletx.gov/438/City-Maps
Subject Property
Legend
Downtown District
Planned Development District
Neighborhood Conservation District
Management District
View, Looking North, from 13th Street – During Weekday Business Hours
View, Looking North, From 13th Street – Weekday After Business Hours
Northwest Corner of Avenue J & 13th Street – Weekday During Business Hours
Northwest Corner of Avenue J & 13th Street - Weekday After Business Hours
View, Looking West, From Avenue J – Weekday During Business Hours
View, Looking West, From Avenue J – Weekday After Business Hours
Entrance Driveway from Avenue J
Existing Storage Containers
Outdoor Stored Materials
96" O.C.
91"
Concrete
Fill
3
8"FENCE HEIGHT30"" Min. Typ.
Consult local
conditions, codes,
and standard
building practices
for post depth
12"
Typ
&RS\ULJKW7UH[)HQFLQJ
ARCHITECTURAL DRAWING:
TREX SECLUSIONS FENCING
PROFILE VIEW
POST HEIGHT96" O.C.
91"
PLAN
ELEVATION
A
B
A B
SECTIONS
A
Publication date April 6, 2016
1004 - Trex Seclusions Fencing Profile View.dwg
NOTES:
1. INSTALLATION TO BE COMPLETED PER MANUFACTURER'S
SPECIFICATION.
2. THIS DRAWING IS PROVIDED FOR PLANNING PURPOSES.
REFER TO MANUFACTURER'S INSTALLATIONS FOR
CONSTRUCTION DETAILS.
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Agenda Item #3d
Item/Subject: FIRST READING - Consider Ordinance 2020-36 for the dis-annexation of approximately
391.487 acres of land, situated in the Hillary M. Crabb League, Abstract No. 15, Walker County, Texas,
and being all of Parcel 3, Parcel 15, Parcel 16 and Parcel 19 as further described in the attached exhibit
A-2.
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 2020-36
for the dis-annexation of approximately 391.487 acres of land, situated in the Hillary M. Crabb League,
Abstract No. 15, Walker County, Texas, and being all of Parcel 3, Parcel 15, Parcel 16 and Parcel 19 as
further described in the attached exhibit A-2.
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 391.487 acres
owned by Perry L. Little and Eloise M. Little Living Trust, Champe Miller, Champe W. Miller
Corporation and J. L. Gaut.
Upon annexation these property owners filed suit in the 12
th 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 property owners dismissing the suit and entering in to a settlement
agreement.
After several months, the terms of an agreement were reached between the City and the plaintiffs, and
the agreements were executed. One of the conditions of the agreements are for the City to dis-annex
the respective properties within 30 days after the effective date of the agreements.
This ordinance will accomplish the dis-annexation to comply with the condition of the agreements.
Since the date of the second reading will be outside of the 30 days after the effective date of the
settlement agreements, 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.
8/4/2020
Agenda Item: 3d
CITY COUNCIL AGENDA
Agenda Item #3d
• Resolution 2019-28 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 held on July 2, 2019
• Second of the two required public hearings held on July 16, 2019
• First reading of the Annexation Ordinance held on August 6, 2019
• Second and final reading of the Annexation Ordinance held on October 1, 2019
• Council authorized settlement agreements and executed in July 2020
Financial Implications:
☒There is no financial impact associated with this item.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Ordinance 2020-36
• Exhibit A-2
ORDINANCE NO. 2020-36
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, EXCLUDING FROM THE CITY OF HUNTSVILLE CORPORATE LIMITS
TRACTS OF LAND THAT WERE ANNEXED INTO THE CITY BY ORDINANCE
NO. 2019-41 AND DESIGNATED IN THAT ORDINANCE AS PARCEL 3, PARCEL
15, PARCEL 16 AND PARCEL 19 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-2 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-2 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.
Passed and Approved by the City Council of the City of Huntsville, Texas on this the 4th day
of August 2020.
THE CITY OF HUNTSVILLE
___________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
EXHIBIT “A-2”
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 391.487 acres of land, situated in the HILLARY M. CRABB LEAGUE, Abstract No. 15, Walker County, Texas, and being all of Parcel 3, Parcel 15, Parcel 16
and Parcel 19 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 3: Being a tract or parcel of land containing 177.59 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 186.53 acre tract described as “First Tract” and a called 3.73 acre tract described as “Second Tract” in
a Deed to Perry L. Little and Eloise M. Little, Co-Trustees of the Perry L. Little and Eloise M. Little Living Trust, recorded in Volume 319, page 623, Official Public Records of Walker County, Texas. Save and Except, a tract or parcel of land containing 12.67 acres described as follows:
BEGINNING at the southwest corner of said Little Living Trust 186.53 acre tract, found a 5/8” iron rod with a blue plastic cap stamped “J S Moorer RPLS 1572” for corner, having NAD 83 (2011) coordinates of N= 10,268,190.44 feet and E= 3,770,008.93 feet, in the north right-of-way line of State Highway No. 75; THENCE N 03°11’21” W, with the west line of said Little Living Trust 186.53 acre tract, a distance
of 2,167.84 feet to a point for the northwest corner of the herein described 12.67 acre tract, from which a 4”
square concrete monument found for the northwest corner of said Little Living Trust 186.53 acre tract, having NAD 83 (2011) coordinates of N= 10,271,245.01 feet and E= 3,769,838.73 feet, bears N 03°11’21” W a distance of 891.47 feet; THENCE N 86°48’39” E a distance of 250.00 feet to a point for corner within said Little Living
Trust 186.53 acre tract;
THENCE S 03°11’21” E, across said Little Living Trust 186.53 acre tract, a distance of 2,247.40 feet to a point for corner in its south line and the north right-of-way line of State Highway No. 75; THENCE N 75°32’17” W, with the south line of said Little Living Trust 186.53 acre tract and the north right-of-way line of State Highway No. 75, a distance of 262.35 feet to the POINT OF BEGINNING.
PARCEL 15: Being a tract or parcel of land containing 98.647 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 99.647 acre tract described in a Deed to Champe W. Miller Corporation, recorded in Volume 423, page 460,
2020 Dis-Annexation Area A, Ex A-2 LITTLE MILLER GAUT, July, 2020 City of Huntsville Walker County, Texas
EXHIBIT “A-2”
Page 2 of 3
Deed Records of Walker County, Texas, Save and Except a called 1.00 acre tract described in a Deed to Champe Miller recorded in Volume 286, page 661, Official Public Records of Walker County, Texas. PARCEL 16: 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 Champe W. Miller Corporation, recorded in Volume 305, page 266, Official Public Records of Walker County, Texas. PARCEL 19: Being a tract or parcel of land containing 114.25 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
121.60 acre tract described in a Deed to J. L. Gaut, recorded in Volume 358, page 888, Official Public Records of Walker County, Texas, Save and Except a one hundred - sixty (160) foot wide strip adjacent to the north line of said Gaut 121.60 acre tract, containing 7.35 acres of land, more or less, including the right-of-way of a County-maintained roadway known locally as Moffett Springs Road. Being that portion of the
Gaut 121.60 acre tract lying outside of Area A as described by metes and bounds in Exhibit “A” of said ORDINANCE NO. 2019-41. NOTE: See map labeled EXHIBIT “A-2” for graphic representation of Parcels 3, 15, 16 and 19. 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\ Gaut, Little and Miller combined\EXHIBIT A-2 GLM.doc
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CITY OF HUNTSVILLE, TXENGINEERING DEPARTMENT / GIS DIVISION
8 CREATED DATE: 7/13/2020
1 in = 1,500 ft
0 1,400 2,800700 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 AREAS
ANNEXED AREA
CITY LIMITS
EXTRA-TERRITORIAL JURISDICTION
PROPOSED DISANNEXATION EXHIBIT A-2PAGE 3 OF 3
15
EXHIBIT A-2
16
3
19
Agenda Item #3e
Item/Subject: Consider Resolution No. 2020-24 authorizing the City Manager and/or his designee to
execute development agreements pursuant to Chapter 43 of the Local Government Code for the dis-
annexation of approximately 391.487 acres of land situated in the Hillary M. Crabb League, Abstract
No. 15, Walker County, Texas and approximately 266.94 acres of land situated in the Lewis Cox League,
Abstract No. 13, Walker County, Texas.
Initiating Department/Presenter: Development Services
Presenter: Aron Kulhavy, City Manager
Recommended Motion: Move to authorize the City Manager and/or his designee to execute
development agreements pursuant to Chapter 43 of the Local Government Code for the dis-annexation
of approximately 391.487 acres of land located in the Hillary M. Crabb League, Abstract No. 15, Walker
County, Texas and approximately 266.94 acres of land situated in the Lewis Cox League, Abstract No.
13, Walker County, Texas.
Strategic Initiative: Goal #3 - Economic Development - Promote and enhance a strong and diverse
economy.
Discussion: On October 1, 2019, City Council passed Ordinance No. 2019-41 that completed the
annexation of an approximately 1,100-acre area of land which included approximately 177.59 acres
owned by Perry L. Little and Eloise M. Little Living Trust, approximately 98.647 acres owned by Champe
W. Miller and Champe W. Miller Corporation and approximately 114.25 acres owned by J.L. Gaut. On
October 1, 2019, City Council also passed Ordinance No. 2019-47 that completed the annexation of
approximately 1,082-acre area of land which included approximately 266.94 acres owned by Thomas
Carroll Cole, Jr. and the Estate of Jan Carroll Cole.
Upon annexation these property owners filed suit in the 12
th 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 property owners dismissing the suit and entering in to a settlement
agreement.
After several months, the terms of an agreement were reached between the City and the plaintiffs, and
agreements have been executed. One of the conditions of the agreements is for the City to dis-annex
the respective properties within 30 days after the effective date of the agreements.
The Cole 266.94-acre property was dis-annexed from the City of Huntsville by Ordinance No. 2020-32,
which was passed by City Council on July 21, 2020.
Upon the anticipated passing of Ordinance No. 2020-36 by City Council on August 4, 2020, the
approximately 177.59 acres owned by Perry L. Little and Eloise M. Little Living Trust, approximately
98.647 acres owned by Champe W. Miller and Champe W. Miller Corporation and approximately 114.25
acres owned by J.L. Gaut will be dis-annexed from the City of Huntsville.
8/4/2020
Agenda Item: 3e
CITY COUNCIL AGENDA
Agenda Item #3e
Per the terms of the settlement agreements, the City of Huntsville and the property owners have agreed
to enter in to Development Agreements pursuant to Section 43.016 and 212.172 of the Texas Local
Government Code. Council approval of Resolution No. 2020-24 will authorize the City Manager and/or
his designee to execute the Development Agreements.
Previous Council Action:
• Annexation workshops for City Council held on March 5, 2019 and April 16, 2019.
• Resolution 2019-27 adopted on May 7, 2019, setting a date, time, and place, for a public hearing
on the proposed annexation.
• Resolution 2019-28 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 held on July 2, 2019
• Second of the two required public hearings held on July 16, 2019
• First readings of Annexation Ordinances held on August 6, 2019
• Second and final readings of Annexation Ordinances held on October 1, 2019
• Council authorized settlement agreements and executed in June & July 2020.
• Council passed Ordinance No. 2020-32 for the dis-annexation of the 266.94-acre tract on July
21, 2020.
Financial Implications:
☒There is no financial impact associated with this item.
Approvals: ☒City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Resolution No. 2020-24
• Chapter 43 Texas Local Government Code Development Agreements
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE DEVELOPMENT AGREEMENTS
RESOLUTION NO. 2020-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS
AUTHORIZING THE CITY MANAGER TO EXECUTE DEVELOPMENT
AGREEMENTS PURSUANT TO SECTION 43.016 AND 212.172 OF THE TEXAS LOCAL
GOVERNMENT CODE BETWEEN THE CITY OF HUNTSVILLE AND PERRY L.
LITTLE AND ELOISE M. LITTLE LIVING TRUST; CHAMPE W. MILLER AND
CHAMPE W. MILLER CORPORATION; J. L. GAUT; AND THOMAS CARROLL
COLE, JR. AND THE ESTATE OF JAN CARROLL COLE.
WHEREAS On October 1, 2019, the City Council passed Ordinance No. 2019-41 that
completed the annexation of approximately 1,100-acre area of land which included
approximately 177.59 acres owned by Perry L. Little and Eloise M. Little Living
Trust, approximately 98.647 acres owned by Champe W. Miller and Champe W.
Miller Corporation and approximately 114.25 acres owned by J.L. Gaut;
WHEREAS On October 1, 2019, the City Council passed Ordinance No. 2019-47 that
completed the annexation of approximately 1,082-acre area of land which included
approximately 266.94 acres owned by Thomas Carroll Cole, Jr. and the Estate of
Jan Carroll Cole;
WHEREAS Perry L. Little and Eloise M. Little Living Trust, Champe W. Miller, Champe W.
Miller Corporation, J. L. Gaut, Thomas Carroll Cole, Jr. and the Estate of Jan
Carroll Cole were parties to a suit filed in the 12th District Court of Walker County,
challenging the validity of said annexation;
WHEREAS In June and July of 2020 settlement agreements were reached between the City of
Huntsville and Perry L. Little and Eloise M. Little Living Trust, Champe W. Miller,
Champe W. Miller Corporation J. L. Gaut, Thomas Carroll Cole, Jr. and the Estate
of Jan Carroll Cole with a condition that the City of Huntsville would dis-annex
their properties; and
WHEREAS Perry L. Little and Eloise M. Little Living Trust, Champe W. Miller, Champe W.
Miller Corporation J. L. Gaut, Thomas Carroll Cole, Jr. and the Estate of Jan Carroll
Cole each executed a Chapter 43 Texas Local Government Code Development
Agreement for their properties;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS THAT:
SECTION 1 The City Manager and/or his designees of the City of Huntsville, is hereby
authorized to execute said Chapter 43 Texas Local Government Code Development
Agreements with Perry L. Little and Eloise M. Little Living Trust, Champe W.
Miller, Champe W. Miller Corporation J. L. Gaut, Thomas Carroll Cole, Jr. and the
Estate of Jan Carroll Cole.
SECTION 2 Upon City Manager and/or his designees Execution of the Chapter 43 Texas Local
Government Code Development Agreements the Development Agreements will be
recorded in the Official Public Records of Walker County, Texas.
PASSED AND APPROVED this the _________ day of ________________, 2020.
The City of Huntsville, Texas
_________________________________
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ________________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney
Page 1 of 7
STATE OF TEXAS } COUNTY OF WALKER }
CHAPTER 43 TEXAS LOCAL GOVERNMENT CODE
DEVELOPMENT AGREEMENT
This Agreement is entered into pursuant to Section 43.016 and 212.172 of the Texas Local Government Code by and between the City of Huntsville, Texas (the “City”) and Thomas Carroll Cole, Jr. and the Estate of Jan Carroll Cole, (the “Owners”). The term “Owners” includes all owners of the Property. WHEREAS, the Owners own a parcel of real property (the “Property”), which was annexed into the city limits on October 1, 2019, and which is more particularly described in the attached Exhibit “1” and any amended or corrected deeds involving boundaries and probate; and WHEREAS, the Property is subject to a perpetual conservation easement, dated September 2, 2003 (the “Conservation Easement”), which severely limits the future development of the Property and the uses which can be made of it; WHEREAS, the City annexed the Property into the City limits on October 1, 2019, but has agreed to disannex the Property in exchange for the Owners agreeing to enter into this Agreement; WHEREAS, the Property is appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber land under Subchapter E of that chapter;” and WHEREAS, the Owners desire to have the Property remain in the City’s extraterritorial jurisdiction during the Term of this Agreement; and WHEREAS, the Owners desire that the City annex the Property upon expiration of the Term (defined below) of this Agreement; and WHEREAS, this Agreement is entered into pursuant to Sections 43.016 and 212.172 of the Texas Local Government Code, in order to address the desires of the Owners and the procedures of the City; and WHEREAS, the Owners and the City acknowledge and desire that this Agreement is binding upon the City and the Owners and their respective successors and assigns for the Term of this Agreement; and
Page 2 of 7
WHEREAS, this Agreement is to be recorded in the Official Public Records of Walker County. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Section 1. If the Property is annexed, the City agrees to institute annexation proceedings in accordance with this Agreement and the City shall contemporaneously provide services to the Property in accordance with the existing city policy on the date of annexation, and as amended thereafter. Section 2. The Owners covenant and agree not to use the Property for any use other than for agriculture, wildlife management, and/or timber land consistent with Chapter 23 of the Texas Tax Code, except for such uses of the Property as are permitted under the Conservation Easement, without the prior written consent of the City. The Owners covenant and agree that the Owners will not file any type of subdivision plat or related development document for the Property with Walker County or the City until the Property has been annexed into, and zoned by, the City. The Owners covenant and agree not to construct, or allow to be constructed, any commercial buildings on the Property that would require a building permit if the Property were in the city limits, until the Property has been annexed into, and zoned by, the City, other than such structures as are permitted under the Conservation Easement referenced above, provided that such structure are constructed in compliance with all applicable City ordinances and codes, save and except other than and with the exception of any repairs, rebuilding and/or reconstructions of the current buildings and structures, and any residence, personal real property fixtures and structures of the owner. The Owners acknowledge that each and every owner of the Property must sign this Agreement in order for the Agreement to take full effect, and the Owners who sign this Agreement covenant and agree, jointly and severally, to indemnify, hold harmless, and defend the City against any and all legal claims, by any person claiming an ownership interest in the Property who has not signed the Agreement, arising in any way from the City’s reliance on this Agreement. Section 3. The Owners acknowledge that if any plat or related development document is filed in violation of this Agreement, or if the Owners commence development of the Property in violation of this Agreement, then in addition to the City’s other remedies, such act will constitute a petition for voluntary annexation by the Owner, and the Property will be subject to annexation at the discretion of the
Page 3 of 7
City Council. The Owners agree that such annexation shall be voluntary and the Owners hereby consent pursuant to Section 212.172(b)(7). Owners hereby waive any requirement in Chapter 43 related to procedures or service provision. Services will be provided to Owners’ Property in accordance with existing city policy on the date of annexation, and as amended thereafter. Furthermore, the Owners hereby waive any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions the Owners have taken in violation of Section 2 herein. Section 4. Pursuant to Sections 43.016(b)(1)(B) of the Texas Local Government Code, the City is authorized to enforce all of the City’s regulations and planning authority that do not materially interfere with the use of the Property for agriculture, wildlife management, or timber, in the same manner the regulations are enforced within the City’s boundaries. The City states and specifically reserves its authority pursuant to Chapter 251 of the Texas Local Government Code to exercise eminent domain over property that is subject to a Chapter 43 and/or Chapter 212 development agreement. Section 5. The term of this Agreement (the “Term”) is 35 years from the date the Agreement becomes effective, as provided below. The Owners, and all of the Owners’ heirs, successors and assigns shall be deemed to have filed a petition for voluntary annexation before the end of the Term, for annexation of the Property to be completed on or after the end of the Term. Prior to the end of the Term, the City may commence the voluntary annexation of the Property. The Owners agree that such annexation shall be voluntary and the Owners hereby consent. The only action required to complete the annexation of the Property is the adoption by the City Council of an ordinance declaring the Property to be annexed. Owners hereby waive any requirement in Chapter 43 related to procedures or service provision. Services will be provided to Owners’ Property in accordance with the existing city policy on the date of annexation, and as amended thereafter. Furthermore, the Owners hereby waive any and all vested rights and claims that they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any actions Owners have taken in violation of Section 2 herein. In connection with annexation pursuant to this section, the Owners hereby waive any vested rights they may have under Section 43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by virtue of any plat or construction any of the owners may initiate during the time between the
Page 4 of 7
expiration of this Agreement and the institution of annexation proceedings by the City. Section 6. Property annexed pursuant to this Agreement will initially be zoned Management District pursuant to the City’s Code of Ordinances, pending determination of the Property’s permanent zoning in accordance with the provisions of applicable law and the City’s Code of Ordinances. Section 7. Any person who sells or conveys any portion of the Property shall, prior to such sale or conveyance, give written notice of this Agreement to the prospective purchaser or grantee, and shall give written notice of the sale or conveyance to the City. Furthermore, the Owners and the Owners’ heirs, successor, and assigns shall give the City written notice within 14 days of any change in the tax exemption status of the Property. A copy of either notice required by this section shall be forwarded to the City at the following address: City of Huntsville ATTN: City Manager 1212 Ave M Huntsville, TX 77340 Section 8. This Agreement shall run with the Property and be recorded in the real property records of Walker County, Texas. The parties to the Agreement understand and expressly agree that this Agreement shall be binding upon and inure to the benefit of the parties, their heirs, successors and assigns. Section 9. If a court of competent jurisdiction determines that any covenant of this Agreement is void or unenforceable, then the remainder of this Agreement shall remain in full force and effect. Section 10. This Agreement may be enforced by any Owner or the City by any proceeding at law or in equity. Failure to do so shall not be deemed a waiver to enforce the provisions of this Agreement thereafter. Section 11. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement or the City’s ability to annex the Property covered herein pursuant to the terms of this Agreement.
Section 12. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Venue for all disputes that arise from this Agreement shall be in Walker County, Texas. Section 13. This Agreement may be separately executed in individual counterparts and, upon execution, shall constitute one and same instrument.
Section 14. This Agreement shall survive its termination to the extent
necessary for the implementation of the provisions of Sections 3, 4, and 5 herein.
Section 15. TMs Agreement may be modified only in writing by the mutual
agreement of the parties. No modi'' :: ion of this Agreement shall be binding unless
It IS in wnting, approved by the Ci v ouncil, and signed by the party to be charged.
Section 16. By signing this agreement, the undersigned Owners agree to
take all steps necessary for the City to annex the Property under the terms of th:?
Agreement. The parties agree that after execution of this Agreement, they wili
upon request of the other party, execute and deliver the further documents and d^
t^ further acts and things as the other party may reasonably request in order to
effectuate the terms of this Agreement.
Section 17. This Agreement shall not become effective unless and until the
City disannexes the Property.
Entered into this __?i_l^ay of 2020.
Owner
Printed Name:
fie fJ i—
Owner
Printed Name: c oL-<^
AronKulhavy, City Manager, City of Huntsville, Texas
>.e 5 of?
Page 7 of 7
EXHIBIT 1
PROPERTY DESCRIPTION.
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, and any amended deed regarding boundaries,
in a Deed to Thomas Carroll Cole, Jr. and Jan Carroll Cole, recorded in Volume 42,
page 09, and subsequent deeds to clear title and due to probate Official Public
Records of Walker County, Texas.
Agenda Item #3f
Item/Subject: FIRST READING - Consider authorizing the City Manager and/or his designee to enter
in to an interlocal agreement for professional services with Walker County Hospital District to
administer a COVID-19 Community Testing Program for residents of the City of Huntsville, first reading.
Initiating Department/Presenter: Community & Economic Development
Presenter: Tammy Gann, Director of Economic Development / Special Projects and Kristie Hadnot,
Grants Manager
Recommended Motion: Staff recommends Council wave the second reading and move to authorize
the City Manager to enter in to an interlocal agreement for professional services with Walker County
Hospital District to administer a COVID-19 Community Testing Program for the residents of the City of
Huntsville.
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: Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act on March
27, 2020 to provide much needed resources to help governments, businesses, and individuals respond
to the current pandemic. Within the CARES Act, the Coronavirus Relief Fund (CRF) was established to
provide financial resources to state and local governments impacted by the pandemic. The State of
Texas cumulatively received approximately $11 billion from the U.S. Treasury. Most of the funds
distributed went to 18 territorial jurisdictions within the state with populations exceeding 500,000 and
slated to receive direct distributions from the U.S. Treasury. Other jurisdictions, like the City of
Huntsville, that did not meet the territorial population requirement are to have their fund distributions
managed by the Texas Division of Emergency Management (TDEM).
Based upon a per capita rate of $55 and data estimates from the 2018 U.S. Census, the federal
government allocated to the City of Huntsville $2,279,915 from the Coronavirus Relief Fund. This is a
reimbursement program which requires no local match or cost share.
The CRF Program requires that:
Funds be used to only cover costs that:
• Are necessary expenditures incurred due to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID-19);
• Were not accounted for in the budget most recently approved as of March 27, 2020; and
• Were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020.
Eligible expenditures are to include, but are not limited to, payment for:
1. Medical expenses;
2. Public health expenses;
8/4/2020
Agenda Item: 3f
CITY COUNCIL AGENDA
Agenda Item #3f
3. Payroll expenses for public safety, public health, health care, human services, and similar
employees whose services are substantially dedicated to mitigating or responding to the
COVID-19 public health emergency;
4. Expenses of actions to facilitate compliance with COVID-19 related public health measures;
5. Expenses associated with the provision of economic support in connection with the COVID-19
public health emergency; and
6. Any other COVID-19 related expenses reasonably necessary to the function of government that
satisfy the fund’s eligibility criteria.
As a condition of receiving these relief funds, the Program requires that the City use 75 percent of the
allocation in the categories of 1, 2, and 3 (i.e. - medical expenses, public health expenses, and payroll
expenses for employees substantially dedicated to mitigating or responding to the public emergency).
The remaining 25 percent of the allocation can be used in the other areas identified above in 4, 5, and
6.
Since the receipt of these allocated funds, Staff has been exploring ways to be most effective in
spending CRF monies to help the City of Huntsville residents slow and eradicate the spread of
coronavirus. To meet this objective, Staff is proposing to partner with Walker County Hospital District
to administer a free citywide COVID-19 Testing Program to City of Huntsville residents.
The proposed Program will offer free all-inclusive COVID-19 swab testing services to city residents. The
Hospital District proposes to implement and administer swab COVID testing, lab work, patient call
center scheduling and maintenance, and medical administration of this program on behalf of the City.
The Hospital District estimates that the total cost to procure COVID swab tests, along with the cost for
utilizing medical personnel, processing lab specimens, utilizing specialized and necessary COVID
equipment, procuring COVID-related supplies, and conducting program administration on behalf of the
Hospital District should not exceed $250 per test to be administered. In return for these services, Staff
proposes to commit CRF funds up to $1M for this specific purpose. It is estimated that the City’s
financial commitment will allow for approximately 4,000 residents within the City of Huntsville to be
tested for coronavirus.
The Program would be in operation for City of Huntsville residents seven (7) days a week over the course
of 100 days. The Hospital District is proposing to have testing availability at the Huntsville Memorial
Hospital Clinic and by utilizing an active medical testing mobile unit for residents unable to travel to or
be transported to the Clinic. Community accessibility by these modes would allow Huntsville residents
immediate access to test without imposing economic hardship, to decrease potential viral exposure,
and to learn their coronavirus status in a quicker time frame than currently being offered by the State
of Texas National Guard team conducting COVID testing at the Walker County Fairground site on a bi-
weekly basis.
In June 2020, the City received an immediate distribution of $455,983 from the CRF Program to cover
incurred costs associated with coronavirus mitigation. The $455,983 amount is 20% of the City’s total
allocation of the $2,279,915. These available funds can be used to cover cost and expenses incurred by
the Hospital District in administering the COVID-19 Community Testing Program. The City will need to
request reimbursement from TDEM in order to receive funds beyond the initial 20% allocation originally
provided.
There is no set deadline to submit a request for funds on this program; however, the performance
period is active now with an end date of December 30, 2020. Any funds not spent by the December 30,
2020 period will be de-obligated and swept by the U.S. Treasury for other use and potential
redistribution to other territorial jurisdictions.
Agenda Item #3f
Previous Council Action: Council approved Resolution 2020-22 on June 2, 2020 authorizing submission
of the CRF application to TDEM and authorizing the City Manager to act as the City’s CEO and
representative in all matters pertaining to the City’s participation in the CRF Program.
Financial Implications:
☒ Item is budgeted: A Budget Amendment in the amount of $100,000 was approved at the April 7,
2020, for potential COVID-19 costs. An additional budget amendment will be necessary as the City
expends more than the original $100,00 budget amount. Any additional budget amount can be offset
with potential grant revenues.
Approvals: ☒City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Resolution 2020-22
• Interlocal agreement draft
INTERLOCAL COOPERATION AGREEMENT FOR PAYMENT FOR COSTS ASSOCIATED WITH
2019 NOVEL CORONAVIRUS (COVID-19) TESTING
This Interlocal Cooperation Agreement is entered into, effective on the date when the last Party
executes the agreement, by and between the City of Huntsville, Texas, (hereinafter, "City"), and
the Walker City Hospital District, (hereinafter, "District").
WITNESSETH:
WHEREAS, Chapter 791 of the Texas Government Code allows local government entities to make
the most efficient use of their powers by enabling them to contract with other governmental entities
for the provision of services to the public; and
WHEREAS, the City and the District each possesses the power and authority to engage in activities
that promote health and safety, and to provide services to further those ends; and
WHEREAS, the City and the District agree that the COVID-19 virus is a health hazard and
threat to the health and safety of our community and that expanded testing at no cost to those
being tested would provide health benefits; and
WHEREAS, the parties agree that their respective contribution of funding and/or in-kind labor
and service to the project allows the burden of the cost for the improvements to be lessened on
each entity;
NOW, THEREFORE, the City and the District hereby agree as follows:
1. City will provide funding for COVID-19 virus testing to the District.
2. The cost for each test shall be $250 individually, or One Million Dollars ($1,000,000.00)
cumulative.
3. The project shall terminate on December 1, 2020 or when the $1,000,000 has been expended,
whichever occurs first.
4. City is contributing only monetarily to the project. No in-kind services are expected or
required of the City.
5. District shall provide all staffing, structure, equipment, and materials necessary to perform the
sampling.
6. The City shall be responsible for advertising costs and for establishing a procedure to schedule
tests.
7. The District shall invoice the City weekly for all costs for the preceding period.
8. The City shall process the invoices from the District in a timely manner.
9. No Party to this Agreement will be responsible for the acts of an employee of another Party
except as may be decreed against that Party by a judgment of a court of competent jurisdiction.
It is expressly understood and agreed that by executing this Agreement no Party waives, nor
shall be deemed to have waived, any immunity or defense otherwise available to it under the
law. Each Party to this Agreement waives all claims against every other Party to this
Agreement for compensation for any loss, damage, personal injury, or death, occurring as a
consequence of the performance of this Agreement, except for acts in violation of law.
10. If any one or more of the provisions of this Agreement is held to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any
other provision and the Agreement will be construed without the invalid, illegal or
unenforceable provision.
11. District and City will make payments under this agreement from current revenues.
12. Any notice given hereunder by one party to the other party shall be in writing and may be
effected by personal delivery, by registered or certified mail, return receipt requested, when
mailed to the proper party, in care of the official signing this Agreement or by fax transmission
as agreed to by the Parties and as evidenced by a confirming return fax transmission.
If to Walker City Hospital District:
XXX
XXX
Huntsville, Texas 77340
Phone: (936) XXXX
Fax: (936) XXXX
If to City:
Aron Kulhavy, City Manager
City of Huntsville
1212 Ave M
Huntsville, Texas 77340
Phone: (936) 291-5401
Fax: (936) 291-5409
13. This is the complete and entire Agreement between the Parties with respect to the matters
herein and supersedes all prior negotiations, agreements, representations, and understandings,
if any. This Agreement may not be modified, discharged, or changed in any respect whatsoever
except by a further agreement in writing duly executed by the parties hereto. No official,
representative, agent, or employee of the City of Huntsville, has any authority to modify this
Agreement, except pursuant to such express authority as may be granted by the City
Council. No official, representative, agent, or employee of the District has any authority to
modify this Agreement, except pursuant to such express authority as may be granted by the
District.
14. The Parties agree to execute such other and further instruments and documents as are or may
become necessary or convenient to carry out the purposes of this Agreement.
15. This Agreement shall be construed under the laws of the State of Texas. Any suits relating to
this Agreement will be filed in a district court of Walker County, Texas.
16. Nothing in this Agreement, express or implied, is intended to confer upon any person, other
than the Parties hereto, any benefits, rights, or remedies under or by reason of this
Agreement.
17. This Agreement may be executed simultaneously in one or more counterparts, each of which
shall be deemed an original and all of which together constitute one and the same instrument.
18. The initial term of this agreement shall begin on the date when executed by the last party and
shall continue until the project is completed, unless sooner terminated by either Party as
provided herein. Either Party may terminate this agreement by giving the other Party written
notice of its intent to terminate at least thirty (30) days prior to the effective date of the
termination. The termination of the contract shall not prevent nor eliminate either party’s
responsibility to pay any outstanding balances due for expenses incurred under the contract.
Approved on the date or dates indicated.
WALKER CITY HOSPITAL DISTRICT
_______________________________
XXXXXXXX
ATTEST:
_______________________________
XXXXXXX, Secretary
APPROVED AS TO FORM:
_______________________________
XXXXXXXX Attorney
Executed on this the ____ day of _______________ of 2020.
CITY OF HUNTSVILLE
_______________________________
Aron Kulhavy, City Manager
ATTEST:
_______________________________
Brenda Poe, City Secretary
APPROVED AS TO FORM:
_______________________________
Leonard Schneider, Attorney
Executed on this the ____ day of _______________ of 2020.
Agenda Item #3g
Item/Subject: Consider approval of announcing the City Council’s intention to adopt a maximum property
tax rate of $0.3341 per $100 valuation for the City’s 2020 – 2021 Fiscal Year (Tax Year 2020).
Roll call vote.
Initiating Department/Presenter: Finance
Presenter: Steve Ritter, Finance Director
Recommended Motion: Move to approve announcing the City Council’s intention to adopt a maximum
property tax rate of $0.3341 per $100 valuation for the City’s 2020 – 2021 Fiscal Year (Tax Year 2020).
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion: In order to comply with State “Truth-in-Taxation” laws, the City Council must announce its
intent to adopt a tax rate. Making this announcement using language of “a maximum property tax rate of
$0.3341”, the Council may ultimately adopt a rate below the amount declared but cannot adopt a rate that
exceeds the maximum rate amount declared. As a reminder, the rate used currently for preparing the FY
20-21 Budget is the “No-New-Revenue” rate (formerly known as – “Effective” rate) of $0.3062. Using the
rate just under the “Voter-Approval” rate (formerly known as – “Rollback” rate) as the proposed maximum
rate for this agenda item allows for flexibility to adopt a property tax rate above the “No-New-Revenue” rate
should Council desire to increase the budget for any operational expenditures of the General Fund in excess
of the City Manager’s proposed budget for FY 20-21.
This maximum property tax rate is below the $0.3342 “Voter-Approval” rate provided by the Walker County
Appraisal District and exceeds the $0.3062 “No-New-Revenue” rate which is also provided by the Walker
County Appraisal District. Because the maximum tax rate included in this agenda item exceeds the “No-
New-Revenue” rate (the tax rate at which the City would collect the same amount of property tax in FY 20-
21 as it will in FY 19-20; excluding new property added to the rolls) a public hearing on the Tax Rate will be
required. In order to comply with timing requirements in the “Truth-in-Taxation” laws for public hearings
and adoption of the FY 2019 – 2020 Budget and Tax Rate, the Public Hearing on the Tax Rate should be held
during the September 15, 2020 meeting. Senate Bill 2 from the 2019 Texas Legislative session now only
requires one public hearing on the Tax Rate, and the hearing can be at the same meeting as when the actual
vote on the rate is scheduled. The actual vote to adopt a Tax Rate will be scheduled for the September 15,
2020 City Council meeting. Staff will ensure all required postings and public notices are made.
Previous Council Action: No previous Council action.
Financial Implications: ☒There is no financial impact associated with this item.
Approvals: ☐City Attorney ☒Director of Finance ☒City Manager
Associated Information:
• Copy of the Notice – (all language in the Notice is required language by Texas Tax Code Sec. 26.06(b-2))
– pages 2-3
8/4/20
Agenda Item: 3g
CITY COUNCIL AGENDA
Agenda Item #3g
(name of taxing unit)
(name of taxing unit)
(name of taxing unit)
(name of office responsible for administering the election)
(date and time)
(current tax year)
(meeting place)
(name of taxing unit)
(name of taxing unit)
(current tax year)
(current tax year) (preceding tax year)
Form 50-876
Statements required in notice if the proposed tax rate exceeds the no-new-revenue tax rate but does not exceed the voter-approval tax rate, as prescribed
by Tax Code §26.06(b-2).
NOTICE OF PUBLIC HEARING
ON TAX INCREASE
A tax rate of $_______________________________________ per $100 valuation has been proposed by the governing body of
_________________________________________________.
PROPOSED TAX RATE $___________________ per $100
NO-NEW-REVENUE TAX RATE $___________________ per $100
VOTER-APPROVAL TAX RATE $___________________ per $100
The no-new-revenue tax rate is the tax rate for the _______________________________ tax year that will raise the same amount
of property tax revenue for __________________________________________________ from the same properties in both
the ________________________ tax year and the _______________________ tax year.
The voter-approval rate is the highest tax rate that __________________________________________ may adopt without holding
an election to seek voter approval of the rate.
The proposed tax rate is greater than the no-new-revenue tax rate. This means that ___________________________ is proposing
to increase property taxes for the _________________ tax year.
A PUBLIC HEARING ON THE PROPOSED TAX RATE WILL BE HELD ON _______________________________
at __________________________________________________________________________________.
The proposed tax rate is not greater than the voter-approval tax rate. As a result, ___________________________ is not required
to hold an election at which voters may accept or reject the proposed tax rate. However, you may express your support for or
opposition to the proposed tax rate by contacting the members of the ____________________________________________of
__________________________at their offices or by attending the public hearing mentioned above.
YOUR TAXES OWED UNDER ANY OF THE TAX RATES MENTIONED ABOVE CAN BE CALCULATED AS FOLLOWS:
Property tax amount = ( tax rate ) x ( taxable value of your property ) / 100
(List names of all members of the governing body below, showing how each voted on the proposal to consider the tax increase or, if one or more were absent, indicating absences.)
FOR the proposal: _____________________________________________________________________
AGAINST the proposal: _________________________________________________________________
PRESENT and not voting: _______________________________________________________________
ABSENT: _______________________________________________________________
Form developed by: Texas Comptroller of Public Accounts, Property Tax Assistance Division For additional copies, visit: comptroller.texas.gov/taxes/property-tax
50-876 • Rev.4-20
(name of taxing unit)
(name of taxing unit)
(telephone number)
(telephone number)
(internet website address)
(name of taxing unit)
(name of taxing unit)
(email address)
(email address)
Notice of Public Hearing on Tax Increase Form 50-876
For additional copies, visit: comptroller.texas.gov/taxes/property-tax Page 2
The 86th Legislature modified the manner in which the voter-approval tax rate is calculated to limit the rate of growth of property
taxes in the state.
The following table compares the taxes imposed on the average residence homestead by __________________________ last year
to the taxes proposed to the be imposed on the average residence homestead by ________________________________ this year.
2019 2020 Change
Total tax rate (per 2019 adopted tax 2020 proposed tax (Increase/Decrease) of (nominal difference
$100 of value) rate rate between tax rate for preceding year and proposed tax rate for current year) per $100, or (percentage difference between tax rate
for preceding year and proposed tax rate for
current year)%
Average 2019 average 2020 average (Increase/Decrease) of (percentage
homestead taxable taxable value taxable value difference between average taxable value
value of residence
homestead
of residence
homestead
of residence homestead for preceding year
and current year)%
Tax on average 2019 amount of 2020 amount of (Increase/Decrease) of (nominal difference
homestead taxes on average
taxable value
of residence
homestead
taxes on average
taxable value
of residence
homestead
between amount of taxes imposed on
the average taxable value of a residence
homestead in the preceding year and the
amount of taxes proposed on the average taxable value of a residence homestead in the current year), or (percentage difference between taxes imposed for preceding year and taxes proposed for current year)%
Total tax levy on 2019 levy (2020 proposed (Increase/Decrease) of (nominal difference
all properties rate x current total value)/100 between preceding year levy and proposed levy for current year), or (percentage difference between preceding year levy and
proposed levy for current year)%
(If the tax assessor for the taxing unit maintains an internet website)
For assistance with tax calculations, please contact the tax assessor for __________________________________________
at _____________________________ or ______________________________, or visit ______________________________
for more information.
(If the tax assessor for the taxing unit does not maintain an internet website)
For assistance with tax calculations, please contact the tax assessor for __________________________________________
at _____________________________ or ______________________________.
Agenda Item #4a
Item/Subject: Consider pay increase for City Council to $100 per meeting and approve Ordinance
2020-37 ordering a special election to amend the City Charter regarding councilmember pay.
Initiating Department/Presenter: City Council
Presenter: Dee Howard, At-large Position 2 Councilmember
Recommended Motion: Move to approve pay increase for City Council to $100 per meeting and
approve Ordinance 2020-37 ordering a special election to amend the City Charter regarding
councilmember pay.
Strategic Initiative: Goal #6 - Finance - Provide a sustainable, efficient and fiscally sound government
through conservative fiscal practices and resource management.
Discussion:
The Council Pay increase will provide a minimal amount of financial support for City Council to be used
for support of various activities involved with their responsibilities to the citizens of Huntsville. This can
be used to cover expenses related to attending the many events and other related personal expenses.
A study conducted by staff compared several cities with proportionate populations and the salary
ranges from no pay to $1,450 per month.
The City of Huntsville Charter requires this matter to be put to the vote pursuant to Section 4.16
Compensation of Councilmembers. A vote to move forward with this Chapter change would effectively
authorize the city staff to prepare an amendment for the upcoming election (November 3, 2020), with
an effective date of October 1, 2020 pending voter approval.
The Charter, Section 4.16 proposed change will read:
SECTION 4.16 - COMPENSATION OF COUNCILMEMBERS
Each Councilmember shall receive a salary of Ten Dollars ($10.00) One Hundred Dollars
($100.00) for each regular meeting that the member attends.
Previous Council Action:
Charter Action Registry information:
SECTION 4.18. - COMPENSATION OF COUNCILMEN.
1968 - Each Councilman shall receive a salary of Fifteen Dollars for each regular monthly meeting which
he attends.
1970-1972 - Same wording except Ten Dollars instead of Fifteen Dollars.
1982-1992/(2004-2009 Section 4.17)/ (2013 Section 4.16) - Same wording as 1970/1972 except
monthly
2018 - The Mayor or any Councilmember who is absent from more than four consecutive regular
meetings of the Council, unless such absences are the result of illness or the conduct of official City
business, shall be deemed to have forfeited the office and the Council shall fill such vacancy in the
manner prescribed by the Charter.
8/4/20
Agenda Item: 4a
CITY COUNCIL AGENDA
Agenda Item #4a
Financial Implications:
☒Item is budgeted: 101-112-51111 In the amount of $ 2,600 (amount in the budget account)
Increase to $26,000 (no undue financial burden)
Approvals: ☐City Attorney ☐Director of Finance ☒City Manager
Associated Information:
• Compensation study
• Ordinance 2020-37 with ballot language
Population Do Council receive any salary/pay?If yes, how much? Any other compensation?Bridgeport 6162 Yes $200 per month $200 per month Mayor gets $200 for travel expensesHeath8082NoCity provided cell and or iPadHighland Park 8850 NoBellmead10061Stipend $250 per month $0Athens12710Stipend$10 per meeting $10 per meetingAddison13680Yes$400 per month $200 per month I PadKaty14426Yes$2,476 per mo $1,030 per monthHighland Village 16500 NoMidlothian18750Stipends $125 per meeting $75 per meeting Mayor Pro Tem $100 per meetingUniversity Park 23500 NoSouthlake27282NoKyle29293Yes $1,000 per month $1,000 per monthCleburne30400No City phone & computerFarmers Branch 31100 NoLancaster37097No NoBurleson38130No$5 per meeting stipend $1,500 per yr tech allowanceHuntsville38664Yes$50 per meeting $10 per meeting Training/travel expensesDuncanville39310No
Keller 40530 No
$60 (council member), $80 (mayor) per month cell phone reimbursementWylie43001Yes$250 per month $250 per monthHaltom City 43374 Yes $50 per meeting $25 per meetingCedar Hill 45945 No City phone, training/travel expensesGrapevine47385Yes$464.55 per month $240.70 per monthPflugerville50850NoEuless52443NoSan Marcos 53205 Yes $1,450 per month $1,450 per month $500 per month for travel related expensesRowlett57463Yes$500 per month $300 per monthN. Richland Hills 64780 Stipend $50 per meetingBryan77321Yes$10/mo paid once a year City-related travel expenses are covered. Sugarland 84511 Yes $1,538.40 per month $769.20 per month $550 per month car allowanceRichardson101,742 Stipend $100 per meeting No to exceed $5,200 annuallyWichita Falls 106876 Stipend $500 per month $300 per monthFrisco125,500 Yes $850 per month $700 per monthWaco126697NoMcKinney136,500 Stipend for Mayor only $100 per month plus Council receives $50 per posted meeting attended
Pasadena 152,821 Yes $151,210 per yr $3,600 per yr
Car allowance $650 per mo. / Pasadena has no City ManagerGrand Prairie 179,100 Stipends $100 per month $5 per meeting
ORDINANCE NO. 2020-37
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
ORDERING A SPECIAL ELECTION TO BE HELD ON THE 3RD DAY OF NOVEMBER 2020,
FOR THE PURPOSE OF VOTING ON THE ADOPTION OR REJECTION OF A PROPOSED
AMENDMENT TO THE EXISTING CITY CHARTER OF THE CITY OF HUNTSVILLE,
TEXAS, AS AMENDED; DESIGNATING THE PLACES AND MANNER OF HOLDING THE
ELECTION; AND PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Huntsville, Texas, in the exercise of the discretion reposed in it by the
Constitution and laws of this State, and in accordance with the provisions of Chapter 9 of the Texas Local
Government Code, and in accordance with its City Charter, has determined to submit for adoption or rejection
amendments to the existing Charter of the City of Huntsville, at a special election to be held to be held November
3, 2020; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
The facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and
correct.
SECTION 1. A special municipal election of the City of Huntsville 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, for adoption or rejection of a proposed
amendment to the City Charter of the City of Huntsville, Texas.
SECTION 2. Walker County has been approved for countywide polling locations as follows:
Polling Place
Walker County Storm Shelter, 455 SH 75 N, Huntsville, TX 77320
HISD Transportation Building, 95 Martin Luther King, Huntsville, TX 77320
University Heights Baptist Church, 2400 Sycamore Avenue, Huntsville, TX 77340
Cook Springs Baptist Church, 1936-A SH 75 N, Huntsville, TX 77320
Northside Baptist Church, 1207 FM 980, Huntsville, TX 77320
New Waverly First Baptist Church, 460 Fisher Street, New Waverly, TX 77358
Walker County Annex, 1301 Sam Houston Ave., Ste. 101, Huntsville, TX 77340
Walker County Fairgrounds, 3925 SH 30 W, Huntsville, TX 77340
Elkins Lake Clubhouse Banquet Room, 632 Cherry Hills Drive, Huntsville, TX 77340
Calvary Baptist Church, 1135 U.S. Hwy 190, Huntsville, TX 77320
Riverside United Methodist Church, 2341 FM 980, Huntsville, TX 77320
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 in to an Election Services Agreement with Walker County, Texas, and, pursuant to
Chapter 271 of the Texas Election Code, the City is authorized to enter in to 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. The form of the ballot for the election shall be as follows:
OFFICIAL BALLOT
Special Election
City of Huntsville, Texas
November 6, 2018
SECTION 5. PROPOSED CHARTER AMENDMENTS
AMENDMENT 1. Amending Article IV, Section 4.16 by increasing the salary from “Ten Dollars” to
“One Hundred Dollars” for each regular meeting attended by a member read as follows:
“Each Councilmember shall receive a salary of One Hundred Dollars ($100.00) for each
regular meeting that the member attends.”
SECTION 6. The official ballots to be used in this special election shall comply with the applicable provisions
of the Texas Election Code, shall state each proposed amendment separately and distinctly so that the voters shall
pass upon each amendment separately and apart from another so that each voter may vote “For” or “Against” any
amendment or amendments without voting “For” or “Against” all such amendments, and shall have written or
printed thereon the following:
CHARTER AMENDMENTS
CITY OF HUNTSVILLE PROPOSITION A
FOR (A favor)
AGAINST (Contra)
Shall Article IV, Section 4.16 of the City Charter relating to compensation of councilmembers be
amended to increase the salary from Ten Dollars to One Hundred Dollars for each regular meeting
attended by a member, so that 4.16 reads as follows?
“Each Councilmember shall receive a salary of One Hundred Dollars ($100.00) for each regular meeting
that the member attends.”
SECTION 7. Diana L. McRae, the Walker County Election Officer/Tax Assessor-Collector, is the Early Voting
Clerk (EVC), and Julie Cooper, Walker County Election 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 the 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 Election Officer.
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 13-30, 2020; and from 7:00 a.m. - 7:00 p.m. on Tuesday,
October 20, 2018, and Tuesday, October 27, 2020; except on official state holidays.
Weekend voting will be conducted at the Main Early Voting Site only, on October 17 and 24, 2020, from 1:00 p.m.-
5:00 p.m.
SECTION 8. 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 9. 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 10. 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 11. 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 12. This ordinance shall take effect from and after its passage.
PASSED AND APPROVED this 4th day of August 2020.
THE CITY OF HUNTSVILLE
Andy Brauninger, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Brenda Poe, City Secretary Leonard Schneider, City Attorney